Bill > H1695

This bill proposes several changes to Massachusetts law regarding juvenile diversion, which is a process that allows young offenders to receive community-based services and supervision instead of formal court proceedings. The bill expands diversion eligibility by clarifying that a referral to juvenile court does not automatically disqualify a child from diversion programs. It requires district attorneys to consult with legal counsel before making diversion decisions and broadens protections around statements made during assessments by preventing their use in future proceedings. The bill also specifies that a case diverted by a district attorney will not count as a criminal complaint for school disciplinary purposes. Additionally, the bill establishes more specific criteria for diversion eligibility, creating exceptions for certain serious offenses while still allowing diversion for some lesser charges. Importantly, the bill also prohibits law enforcement from transmitting fingerprints or arrest records to federal agencies for offenses committed before the age of criminal majority, with limited exceptions for sealing or expunging records. These changes aim to provide more flexible, rehabilitative approaches to handling juvenile offenses and protect young people from long-term consequences of minor infractions.

Justice

https://malegislature.gov/Bills/194/H1695