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MA H1436

MA H1436
To promote transparency, best practices and better outcomes for children and communities


summary

Introduced
01/20/2015
In Committee
01/20/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

Relative to the evaluation of the frequency and outcome of contacts between juveniles of various racial and ethnic categories and law enforcement personnel, court personnel and other Commonwealth officials. The Judiciary.

AI Summary

This bill aims to improve transparency and outcomes within the juvenile justice system by establishing a comprehensive data collection and reporting framework, alongside several reforms to juvenile proceedings and sentencing. Key provisions include the mandatory collection and analysis of data on "contacts" (interactions) between juveniles, defined as individuals aged 7 to 18 (or up to 22 if still under juvenile court jurisdiction), and law enforcement, court personnel, and other state officials, with this data to be categorized by the juvenile's "racial and ethnic category" (consistent with U.S. Department of Justice categories) and the "type of offense" (consistent with FBI's Uniform Crime Reporting Program categories). This information will be reported annually to the legislature and made public, with the goal of evaluating the frequency and outcomes of these interactions across different racial and ethnic groups. The bill also introduces new procedures for diverting youth from court processing, including pre-arraignment assessments and the possibility of case continuances for participation in community programs, with a presumption of eligibility for diversion for certain misdemeanor offenses. Furthermore, it modifies definitions of "delinquent child" to exclude civil infractions and municipal ordinance violations, raises the age for certain juvenile court matters from seven to eleven, and establishes stricter guidelines for the use of restraints on juveniles in courtrooms, creating a presumption against their use unless specific safety concerns are documented. The bill also revises laws related to indecent assault and battery on a minor and sexual intercourse with a minor, specifying age differences and court proceedings, and introduces broader expungement opportunities for juvenile and youthful offender records for offenses committed before age 21. Finally, it recognizes "youth status" as a mitigating factor in sentencing for individuals under 26, acknowledging developmental differences and providing for sentencing discounts or early release options based on program completion.

Committee Categories

Justice

Sponsors (26)

Last Action

Accompanied a study order, see H4624 (on 09/22/2016)

bill text


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bill summary

Document Type Source Location Created
State Bill Page https://malegislature.gov/Bills/189/House/H1436 11/24/2016
State Bill Page https://malegislature.gov/Bills/189/H1436 03/11/2015
Bill https://malegislature.gov/Bills/189/H1436.pdf 03/11/2015
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