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An Act relative to criminal justice reform
Section-By-Section Summary
Section 1: Definitions
Definitions for the criminal age of majority and substantial financial hardship are added to the General Laws. The criminal age of majority is set at 18 and a substantial financial hardship is defined as one that leads to an inability to meet the basic human needs of food, shelter, and clothing.
Sections 2 and 3: Standardized Arrest Data Collection
Requires the department of criminal justice to obtain arrest data from Massachusetts criminal
justice agencies in a format consistent with the FBI’s National Incident
-Based Reporting System (NIBRS) and maintain the aggregate information on a publicly accessible website.
Section 4: District Attorney Diversion
Requires the District Attorneys to establish pre-arraignment diversion programs for veteran or active military members, persons with substance abuse disorders, and persons with mental illness.
Section 5: Childhood Trauma Task Force
Requires the Office of the Child Advocate to establish a Childhood Trauma Task Force to study and recommend gender responsive and trauma-informed approaches to treatment of juveniles in the juvenile justice system.
Section 6-10, 101-103: DNA Collection
Requires a convicted felon to submit the required DNA sample to the state police or probation upon conviction or intake to a correctional facility rather than the current practice of submitting the sample within one year of conviction. Adds probation officers to the list of personnel eligible to receive training on collecting the samples.
Section 11: Increased OUI Penalties
Provides increasing punishments for sixth, seventh, eight, and ninth or subsequent OUI violations.
 
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Sections 12, 12A, 36, 37, 42, 43, 45, 46, 48, 57-59, 63, 65-67, 74-80, 91-95: Fines, Fees, and Restitution
Provides the uniform standard of a substantial financial hardship when evaluating the ability of a person to pay a fine, fee, or restitution and increases the daily credit from $30 per day to $90 per day for anyone held for failing to pay a fine or fee. Establishes a grace period during which parole and probation fees may not be assessed for six months after release from incarceration.
Sections 13 and 14
:
Fentanyl and Carfentanil classified as Class A
Reclassifies Fentanyl from Class B to Class A and classifies Carfentanil as Class A.
Sections 15, 16, 20: Elimination of Minimum Sentences for Certain Drug Offenses
Eliminates the mandatory minimum sentences for: first offense distribution or possession with intent to distribute cocaine, methamphetamine, or phencyclidine; second and subsequent offenses for distribution or possession with intent to distribute cocaine, methamphetamine, or phencyclidine; second and subsequent offenses of distribution or possession with intent to distribute Class B drugs; and second and subsequent offenses of distribution or possession with intent to distribute Class C drugs. Eliminates the statutory minimum sentences for second and subsequent distribution or possession with intent to distribute Class D drugs and distribution or possession with intent to distribute drug paraphernalia.
Sections 18 and 19: Trafficking in Fentanyl or Carfentanil
Imposes a mandatory minimum term of three and one-half years imprisonment for trafficking in 10 grams or more of fentanyl or 10 grams or more of any mixture containing fentanyl then follows the trafficking statute for heroin beginning at 18 grams in establishing increased penalties for increased weight of the substance. Imposes a mandatory minimum term of three and one-half years imprisonment for trafficking in any amount of carfentanil.
Sections 21-27, 90: Delinquent Child
Raises the minimum age of a delinquent child from seven to ten. Excludes civil infractions, violations of municipal ordinances or town by-laws, and first offense misdemeanors with a punishment of not more than six months from adjudications as a delinquent child.
Section 28: Collection of Juvenile Justice Data
Requires the Office of the Child Advocate to create an instrument to record aggregate statistical data for juvenile contacts with the criminal justice system and directs criminal justice agencies to submit the required information. Creates the Juvenile Justice Policy and Data Commission to evaluate policies and procedures and study the implementation of statutory changes related to the juvenile justice system.
 
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Section 29: State Prison
Updates the definition of state prison to include all qualifying facilities.
Section 30: Standardized Jail and House of Correction Data Collection
Requires all Sheriffs to record standard information on all persons committed to a jail or house of correction.
Sections 31, 32, 34: Solitary Confinement
Limits the amount of time that an inmate may be kept in segregation and convenes a board to review segregation decisions in correctional facilities that would result in periods of segregation that extend beyond the new limits. Precludes the use of segregation for juveniles and pregnant women. Establishes a Segregation Oversight Committee to gather and report information regarding the use of segregation and its impact on rates of violence, recidivism, and incarceration costs in correctional institutions.
Section 33: Uniform Identification Procedures
Requires the officer in charge of a penal institution to record an
inmate’s probation central file
(PCF) number upon admittance to the facility in addition to the existing identifying information.
Section 35: Medical Parole
Establishes an independent Medical Parole Board and a process through which a prisoner with a terminal illness or permanent incapacitation may petition to be transferred out of a correctional institution to a more appropriate facility. A prisoner released under these provisions would be under the jurisdiction, supervision, and control of the parole board.
Section 38, 39: Extending Good Samaritan Protections to Under-21 Alcohol Incapacitation
Allows a person experiencing, or witnessing someone experience, alcohol-related incapacitation to not be prosecuted for underage possession or consumption of alcohol if they are seeking medical assistance.
Sections 40 and 41: Employment Discrimination
Prevents an employer from discriminating against an applicant for employment for failing to provide information on a misdemeanor conviction over three years old.
Section 44: Corporate Manslaughter
Establishes the criminal offense of manslaughter by a business organization.
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