S1051 — An Act promoting diversion of juveniles to community supervision and services

Summary

An Act promoting diversion of juveniles to community supervision and services

Bill Text

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The bill amends the procedures and criteria regarding juvenile assessments, diversion eligibility, and the handling of records for minors in Massachusetts law.

• Chapter 119, Section 54A

  Any referral to the juvenile court for a child requiring assistance as defined in section twenty-one, in accordance with the provisions of this section and of sections thirty-nine F to thirty-nine I, inclusive, shall not disqualify said child from diversion.

  It clarifies that referrals to juvenile court do not disqualify children from diversion.

• Chapter 119, Section 54A

  , after consultation with legal counsel,

  It requires that proceedings be conducted after consultation with legal counsel.

• Chapter 119, Section 54A

  (iv) any statement made by the child or the child’s family during the course of assessment → (iv) any statement made by the child or the child’s family during the course of assessment; and (v) information obtained during the course of the assessment.

  It adds the provision that information obtained during the assessment is also protected.

• Chapter 119, Section 54A

  A case diverted by a district attorney shall not be considered an issuance of a criminal complaint for the purposes of section 37H½ of chapter 71.

  It states that diversion by a district attorney does not constitute a criminal complaint.

• Chapter 119, Section 54A

  may → shall

  It changes the discretion of the court from 'may' to 'shall', indicating a mandatory action.

• Chapter 119, Section 54A

  assessment and the

  It specifies that records of the assessment are included in what is referenced.

• Chapter 119, Section 54A

  subsection (g) → (g) (1) A child otherwise eligible for diversion pursuant to this section shall not be eligible for diversion: (i) if the child is indicted as a youthful offender; (ii) if the child is charged with an offense that cannot be continued without a finding or placed on file; (iii) unless there is concurrent district court jurisdiction for such offense, if the child is charged with an offense for which a penalty of incarceration greater than five years may be imposed; or (iv) if the child is charged with an offense listed under the second sentence of section 70C of chapter 277; provided however, that a child shall be eligible for diversion if the child is charged with an offense under: (A) paragraph (a) of subdivision (2) of section 24 of chapter 90; (B) subsection (a) of section 13A of chapter 265; (C) the first paragraph of section 13D of chapter 265; (D) subsection (a) of section 13M, subsection of chapter 265 (E) (b) of section 15A of chapter 265 (F) subsection (b) of section 15B of chapter 265; (G) section 13A of chapter 268; or (H) Section 13C of said chapter 268. Diversion of juvenile court charges under this chapter shall not preclude a subsequent indictment on the same charges in superior court.

  It updates the eligibility criteria for diversion for youths charged with specific offenses.

• Chapter 276, Section 100V

  Notwithstanding any other provision to the contrary, after an arrest of a person under the age of criminal majority, law enforcement and criminal justice agencies shall not transmit fingerprints and any records related to the arrest or filing of a court case against the person to the Federal Bureau of Investigation or the Department of Justice for any offense that occurred before the age of criminal majority, except for purposes of requesting that the Federal Bureau of Investigation or the Department of Justice seal or expunge its records as required by section 100T of this chapter and section 36 of chapter 22C of the General laws.

  It prohibits sharing arrest records of minors with federal authorities, except for sealing or expungement.

Sponsors

• Cynthia Stone Creem · Primary

Subjects