HOUSE DOCKET, NO. 3144        FILED ON: 1/16/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1172

The Commonwealth of Massachusetts

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PRESENTED BY:

F. Jay Barrows

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act enhancing services for juveniles.

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PETITION OF:

HOUSE DOCKET, NO. 3144        FILED ON: 1/16/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1172

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act enhancing services for juveniles.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 55B of chapter 119 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the second paragraph the following paragraph:-

Notwithstanding any general or special law to the contrary, the court may, with the consent of the child’s parents or legal guardian, require as part of (i) any specific terms or conditions imposed upon a child by a plea submitted and acted upon by the court or specific disposition imposed by the court, or (ii) any terms of probation pursuant to the provisions of section 57, that the child shall undergo diagnostic study and counseling through the department of youth services, any court clinic, or the department of mental health. The court may further require, as part of such terms or conditions of such plea, disposition, or probation, that the child shall participate in the statewide community service program established pursuant to section 67D; provided, that the child does not have a recent record of violent conduct; provided further, that the child is not alleged to have violated section 13B, 13B ½, 13B ¾, 22A, 22B, 22C, 23, 23A, 23B or 50 of chapter 265; and provided further, that the community service program agrees to accept the child. 

SECTION 2.  The first paragraph of section 58 of said chapter 119, as most recently amended by section 9 of chapter 84 of the acts of 2013, is hereby further amended by striking out the third sentence and inserting in place thereof the following sentence:- Said probation may require that the child participate in the statewide community service program established pursuant to section 67D; provided, that the child does not have a recent record of violent conduct; provided further, that the child is not alleged to have violated section 13B, 13B ½, 13B ¾, 22A, 22B, 22C, 23, 23A, 23B or 50 of chapter 265; and provided further, that the community service program agrees to accept the child. 

SECTION 3. The fourth paragraph of said section 58 of said chapter 119, as appearing in the 2012 Official Edition, is hereby amended by adding the following sentence:- Any such sentence imposed upon a youthful offender may require that the youthful offender participate in the statewide community service program established pursuant to section 67D; provided, that the youthful offender does not have a recent record of violent conduct; provided further, that the youthful offender is not alleged to have violated section 13B, 13B ½, 13B ¾, 22A, 22B, 22C, 23, 23A, 23B or 50 of chapter 265; and provided further, that the community service program agrees to accept the youthful offender.

SECTION 4.  Section 67 of said chapter 119, as amended by section 17 of chapter 84 of the acts of 2013, is hereby further amended by inserting after the second sentence the following 6 sentences:-

Such child shall, immediately upon arrest, have the right to the assistance of legal counsel and shall be immediately informed of this right. The officer in charge of the police station or town lockup shall assess whether the child is a danger to himself or herself or a danger to the public. If the child is not such a danger, the child shall be detained in an unlocked room with an officer monitoring the room; provided, that upon an attempt to leave such unlocked room or the police station or town lockup, the child may be detained in a locked detention facility that otherwise satisfies the requirements of this section. If the child is a danger to himself or herself, or if the officer in charge of the police station or town lockup reasonably believes that the child is in need of medical attention, the child shall be detained and evaluated pursuant to section 67A.  No child detained pursuant to this section may be questioned by an officer prior to the arrival of the child’s parent, guardian or the person with whom the child resides.  If a child is to be questioned following the arrival of such parent, guardian or person, the child’s legal counsel must be present for any questioning unless the child is between 14 and 18 years of age and, following at least 30 minutes of meaningful consultation with a parent, guardian or person with whom the child resides, the child waives his or her right to counsel in writing, with the accompanying signature of said parent, guardian or person with whom the child resides.

SECTION 5. Said chapter 119 of the General Laws is hereby amended by inserting after section 67 the following section:-

Section 67A.  Whenever an officer in charge of the police station or town lockup determines, pursuant to section 67, that a child arrested as provided in said section 67 is a danger to himself or herself, or reasonably believes that the child is in need of medical attention or psychiatric evaluation, the officer shall immediately cause the child to be transported to the nearest hospital for medical attention and psychiatric evaluation, as necessary; provided, that except in the case of an emergency, no such treatment or evaluation shall occur without the consent of the child’s parent or legal guardian. 

SECTION 6. Section 68A of chapter 119 of the General Laws, as most recently amended by section 19 of chapter 84 of the acts of 2013, is hereby further amended by striking out, the first and third time it appears, the word “may” and inserting in place thereof, in each instance, the following word:- shall.

SECTION 7. Said section 68A of said chapter 119, as so appearing, is hereby further amended by inserting after the word “study”, each time it appears, the following words:- and any necessary counseling or treatment.

SECTION 8.  Said chapter 119 is hereby further amended by inserting after section 68C the following section:-

Section 68D.  The department of youth services shall develop a statewide community service program for children adjudicated as delinquent children or youthful offenders who: (i) do not have a recent record of violent conduct, and (ii) are not alleged to have violated section 13B, 13B ½, 13B ¾, 22A, 22B, 22C, 23, 23A, 23B or 50 of chapter 265.  The department of youth services may charge a reasonable fee for the program, which shall be paid by the child’s parents or legal guardian; provided, that the department shall waive the fee if, in the department’s discretion, the fee would create an undue hardship for the child’s parents or legal guardian.  The department of youth services shall establish rules and regulations implementing the requirements of this section.