Bill > H3096

This bill amends Chapter 123 of the Massachusetts General Laws to establish procedures for determining the competency of juveniles in certain court proceedings. The key provisions are: 1. The bill defines "competence" for juveniles as having sufficient present ability to consult with their lawyer and a rational and factual understanding of the proceedings. It also defines "young juveniles" (12 or younger) as presumptively incompetent. 2. The court can order a competency evaluation by a qualified examiner, which must be completed within 30 days. The evaluation report is sealed and not available to the parties unless the court determines it contains no self-incriminating statements. 3. If the court finds the juvenile incompetent, proceedings are stayed until the juvenile attains or regains competency. The court must dismiss charges within 6-18 months depending on the severity of the alleged offense, unless there is a substantial probability the juvenile will regain competency. 4. Upon dismissal, the Commonwealth may seek civil commitment if appropriate, but a juvenile found incompetent due to developmental immaturity cannot be hospitalized. 5. Counsel for an incompetent juvenile may request the opportunity to present a defense on the merits, and the court can dismiss the charges if it finds a lack of substantial evidence to support an adjudication.

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https://malegislature.gov/Bills/190/H3096