Adopted

2

Senate Amendment

Mr. Brewer moved that the bill be amended SECTION 1. Section 4 of chapter 27 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the second paragraph the following paragraph:-

Notwithstanding the preceding paragraph, the board at all times shall include at least 1 person with not less than 10 years of experience and training in adolescent development and psychology. The person shall be selected by either the panel or the governor from a list of nominees provided by the Massachusetts chapter of the American Academy of Pediatrics, the New England Council of Child and Adolescent Psychiatry, Inc., the Massachusetts Psychological Association Inc., the Massachusetts Psychiatric Society, Inc. and the committee for public counsel services.

SECTION 2. Section 72B of chapter 119 of the General Laws, as amended by section 24A of chapter 84 of the acts of 2013, is hereby further amended by inserting after the fourth paragraph the following paragraph:-

The department of correction and the department of youth services shall provide every juvenile convicted of murder in the first degree or murder in the second degree with timely and sufficient access to programming and treatment including, but not limited to, education, substance abuse, anger management and vocational training. If the department of correction and the department of youth services objectively determine that the person qualifies for placement in a minimum security correctional facility, the placement shall not be prohibited based on the nature or status of the offense or the age of the person at the time of the commission of the crime.

SECTION 3. Section 133A of chapter 127 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the word “degree”, in line 5, the following words:- who had attained the age of 18 years at the time of the murder.

SECTION 4. Said section 133A of said chapter 127, as so appearing, is hereby further amended by adding the following paragraph:-

If the prisoner is serving a life sentence for murder in the first degree committed before the prisoner'seighteenth birthday, the prisoner shall have the right to have appointed counsel at the parole hearing if the prisoner is considered to be indigent and the right to funds for experts as determined by the standards under chapter 211D.

SECTION 5. Section 133C of said chapter 127, as so appearing, is hereby amended by inserting after the word “degree”, in line 6, the following words:- who had attained the age of 18 years at the time of the murder.

SECTION 6. Chapter 265 of the General Laws is hereby amended by striking out section 2, as so appearing, and inserting in place thereof the following section:-

Section 2. (a) Except as provided in subsection (b), any person who is found guilty of murder in the first degree shall be punished by imprisonment in the state prison for life and shall not be eligible for parole under subsection (a) of section 133A of chapter 127.

(b) Any person who is found guilty of murder in the first degree who committed the offense on or after the person’s fourteenth birthday and before the person’s eighteenth birthday shall be punished by imprisonment in the state prison for life and shall be eligible for parole after the term of years fixed by the court pursuant to section 24 of chapter 279.

(c) Any person who is found guilty of murder in the second degree shall be punished by imprisonment in the state prison for life and shall be eligible for parole after the term of years fixed by the court pursuant to section 24 of chapter 279.

(d) Any person whose sentence for murder is commuted by the governor and council under section 152 of chapter 127 shall thereafter be subject to the laws governing parole.

SECTION 7. Section 24 of chapter 279 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

In the case of a sentence of life imprisonment for murder in the first degree committed by a person on or after the person’s fourteenth birthday and before the person’s eighteenth birthday, the court shall fix a minimum term of not less than 20 years nor more than 30 years; provided, however, that in the case of a sentence of life imprisonment for murder in the first degree with extreme atrocity or cruelty committed by a person on or after the person’s fourteenth birthday and before the person’s eighteenth birthday, the court shall fix a minimum term of 30 years.

SECTION 8. Sections 3, 6 and 7 shall apply only to a person who commits a murder after the effective date of this act.

SECTION 9. Section 5 shall apply to prisoners convicted of murder in the first degree regardless of when the murder for which the prisoner was convicted took place.