Bill > S1051

This bill aims to promote diversion (an alternative to traditional criminal prosecution) for juveniles by making several key changes to existing Massachusetts law. The bill clarifies that a referral to juvenile court for a child requiring assistance will not disqualify them from diversion programs, and requires consultation with legal counsel before certain proceedings. It expands protections by specifying that statements and information obtained during assessment cannot be used against the child, and mandates that a case diverted by a district attorney will not be considered a criminal complaint for school disciplinary purposes. The bill also establishes more specific eligibility criteria for diversion, including allowing diversion for certain specific offenses that were previously excluded, such as some motor vehicle and assault-related charges. Additionally, the bill restricts law enforcement and criminal justice agencies from transmitting fingerprints or arrest records to federal agencies for offenses committed before the age of criminal majority, with the exception of requests to seal or expunge records. These provisions are designed to provide more flexible and rehabilitative approaches to handling juvenile legal issues, focusing on community supervision and services rather than punitive measures.

Budget and Finance, Justice

https://malegislature.gov/Bills/194/S1051