HOUSE DOCKET, NO. 3299        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3079

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Kay Khan

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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 to promote transparency, best practices and better outcomes for children and communities.

_______________

PETITION OF:

HOUSE DOCKET, NO. 3299        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3079

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act to promote transparency, best practices and better outcomes for children and communities.

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. The General Laws, as appearing in the 2014 Official Edition, are hereby amended by inserting, after Chapter 18C the following chapter:-

Chapter 18D:  Collection of race and ethnicity data

Section 1. Definitions.

The following words and phrases as used in this chapter shall, unless the context clearly requires otherwise, have the following meanings:-

"Contact", any action or decision by law enforcement personnel or by any other official of the commonwealth or private service provider under contract or other agreement with the commonwealth, in dealing with a juvenile at any stage of the juvenile justice system including, but not limited to, the points of contact listed below in sections 4(a) –(i), which causes such juvenile to enter or exit the juvenile justice system or which will change his custodial status, liberty, case processing, or status within the system.

“Juvenile”, a youth between the age of 7 and 18 and up to the age of 22 if the individual remains within the jurisdiction of the juvenile court or juvenile justice system, and children aged 14 to 18 who are charged with first or second degree murder pursuant to section 74 of chapter 119.

“Alternative lock-up program” means a facility and/or program that provides for the physical care and custody of a youth being held by the police after an arrest and before an arraignment, and includes programs provided by the police, municipal, county or state government, as well as any contractor, vendor or service-provider working with such government entities.

“Racial/ethnic category”, the socio-cultural racial and ethnic category of an individual as categorized in a manner that is consistent with the categories established and utilized by the federal Office of Juvenile Justice and Delinquency Prevention.

“Type of crime”, the category of crime into which the alleged or proven offense a youth has committed falls as categorized in a manner that is consistent with the categories established and utilized by the National Incident-Based Reporting System.

Section 2. The Child Advocate shall create and update as may be appropriate an instrument to record aggregate statistical data at each point of contact identified in sections 4(a)-(i). This instrument shall, at minimum, include age, gender, race/ethnicity category, and type of crime. The Child Advocate shall give due regard to the census of juveniles when setting forth the race/ethnicity categories in the instrument. The Child Advocate shall consider providing guidance about the manner in which the race/ethnicity information is designated and collected, with consideration of the juveniles’ self-reporting of such categories. All offices and departments subject to this law shall use this instrument to record contacts.

Section 3.  (a) The department of state police, municipal police departments, Massachusetts Bay Transportation Authority police, any school-based police from a local education authority, and any contractor, vendor or service-provider working with such police including any alternative lock-up programs, shall collect the necessary information to complete the instrument identified in Section 3 for each juvenile subjected to the following contacts for each fiscal year:

(1) referral to and/or use of diversion programming; and,

(2) arrest

(b) Clerk magistrates shall collect the necessary information to complete the instrument identified in Section 3 for each juvenile subjected to the following contacts for each fiscal year:

(1) criminal complaint filed

(2) finding of probable cause;

(3) complaint issued;

(4) appeal to judge of the finding by the clerk magistrate; and,

(5) complaint issued after appeal.

(c) The district attorneys shall collect the necessary information to complete the instrument identified in Section 3 for each juvenile subjected to the following contacts for each fiscal year:

(1) referral to and/or use of diversion programming;

(2) indictment as a youthful offender;

(3) dismissal of indictment/dismissal of indictment in exchange for other action; and,

(4) prosecution in criminal court under section 74 of chapter 119.

(d) The juvenile court department shall collect the necessary information to complete the instrument identified in Section 3 for each juvenile subjected to the following contacts for each fiscal year:

(1) arraignment as a delinquent

(2) arraignment as a youthful offender;

(3) referral to and/or use of diversion programming;

(4) imposition of bail or order to hold without bail;

(5) pre-trial probation pursuant to section 87 of chapter 276;

(6) cases which are continued without a finding, section18 of chapter 278 and section 58 of chapter 119;

(7) adjudication as a delinquent;

(8) adjudication as a youthful offender;

(9)  imposition of an adult sentence pursuant to section 58 of chapter 119;

(10) sentence to probation;

(11) commitment to the department of youth services pursuant to section 58 of chapter 119;

(12) commitment to the department of youth services pursuant to section 2 of chapter 279 that are suspended;

(13) voluntary extensions of commitments to the department of youth services;

(14) juvenile brought before the court on criminal and non-criminal violations of probation;

(15) commitments to department of youth services following a probation violation; and,

(16) revocation of a continuation without a finding pursuant to section 18 of chapter 278 and section 58 of chapter 119.

(e) The office of the commissioner of probation shall collect the necessary information to complete the instrument identified in Section 3 for each juvenile subject to the following contacts for each fiscal year:

(1) referral to and/or use of diversion programming;

(2) supervision of pre-trial probation;

(3) supervision of continuances without a finding;

(4) supervision of youth on probation; and,

(5) referral to the court for a probation violation.

(f)  The department of youth services and any contractor, vendor or service provider working with said department including alternative lock-up programs shall collect the necessary information to complete the instrument identified in Section 3 for each juvenile subjected to the following contacts for each fiscal year

(1) pre-arraignment detention;

(2) pre-trial detention;

(3) commitment;

(4) level of care including, but not limited to,

     a. “hardware,” secure;

     b. staff secure;

     c. residential; and

     d. community placement;

(5) notice of revocation of grants of conditional liberty;

(6) hearing on grants of conditional liberty; and

(7) revocation of grants of conditional liberty for violation of conditions of liberty; and

(8) voluntary extensions of commitments with the department of youth services.

(g) The superior court shall collect the necessary information to complete the instrument identified in Section 3 for each juvenile subject to the following contacts for each fiscal year:

(1) arraignment for murder in the first degree and murder in the second degree; and

(2) convictions.

(h) The department of correction and each sheriff’s department shall collect the necessary information to complete the instrument identified in Section 3 for each juvenile subjected to the following contacts for each fiscal year:

(1) pre-arraignment detention;

(2) pre-trial detention;

(3) post-disposition confinement of youthful offenders; and

(4) post-conviction confinement for murder.

(i) The parole board shall collect the necessary information to complete the instrument identified in Section 3 for each juvenile subject to the following contacts for each fiscal year:

(1) grant of parole;

(2) supervision of parole; and

(3) revocation of parole.

Section 4. (a) The Executive Office of Public Safety and Security shall be responsible for assembling the data collected by the below offices and departments on an annual basis. The collected data for each fiscal year shall be published on the Executive Office of Public Safety and Security Website, filed with the clerks of the Massachusetts House and Senate and provided to the Office of the Child Advocate no later than 90 days after the end of that fiscal year. The first such report shall be submitted by January 2, 2018.

a. The Commissioner of the Department of Correction

b. Sheriffs of each County;

c. The Parole Board;

d. The Department of the State Police;

e. Municipal police departments;

f. The Massachusetts Bay Transportation Authority Police;

g. School based police from any local education authority;

h. Alternative Lock-up Programs; and,

i.  any other contractor, vendor or service provider working with school based or other police officers.

(b) The Attorney General shall be responsible for assembling data collected by District Attorney’s Offices on an annual basis. The collected data for each fiscal year shall be published on the Attorney General’s website, filed with the clerks of the Massachusetts House and Senate and provided to the Office of the Child Advocate no later than 90 days after the end of that fiscal year. The first such report shall be submitted by January 2, 2018.

(c) The Chief Justice for Administration and Management shall be responsible for assembling data collected by judicial officers and court personnel including the Commissioner of Probation, judicial officers and court personnel, and the Executive Director of Community Correction. The data shall be collected on an annual basis. The collected data for each fiscal year shall be published on the Supreme Judicial Court’s website, filed with the clerks of the Massachusetts House and Senate and provided to the Office of the Child Advocate no later than 90 days after the end of that fiscal year. The first such report shall be submitted by January 2, 2018.

d) The Executive Office for Human Services shall be responsible for assembling data collected by the Commissioner of the Department of Youth Services and all department personnel, contractors or vendors working with the Department. The data shall be collected on an annual basis. The collected data for each fiscal year shall be published on the Office’s website, filed with the clerks of the Massachusetts House and Senate and provided to the Office of the Child Advocate no later than 90 days after the end of that fiscal year. The first such report shall be submitted by January 2, 2018.

Section 5. Any individual data described or acquired under the provisions of this chapter shall be used only for statistical purposes and may not be disseminated if it contains data that reveal the identity of an individual who had contact with the juvenile justice system within the meaning of this chapter.

Section 6.  The annual Juvenile Justice Contact Data Reports from the Executive Offices of Public Safety and Security, Attorney General, Chief Justice for Administration and Management and Executive of Office of Human Services shall be public records.

SECTION 2. The first sentence of the second paragraph of section 23 of chapter 90 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the words, “not more than $500”, the following:-

; provided further, that notwithstanding any general or special law to the contrary, a finding of delinquency shall not be entered against any person against whom such a complaint has been issued

SECTION 3. The fourth paragraph of section 34J of said chapter 90 of the General Laws, as so appearing, is hereby amended by adding at the end thereof the following:-

; provided further, that notwithstanding any general or special law to the contrary, any person who violates this section and has not been previously determined responsible for or convicted therefor, or against whom a finding of delinquency or a finding of sufficient facts to support a conviction has not previously been rendered, shall not have a finding of delinquency entered against him.

SECTION 4. Section 52 of chapter 119 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out the definition of “Delinquent Child” in the second paragraph and inserting in place thereof the following definition:-

“Delinquent Child”, a child between 12 and 18 who commits any offense against a law of the commonwealth, provided however, that such offense shall not include a civil infraction, a violation of any municipal ordinance or town by-law, or a misdemeanor for which the punishment is a fine, imprisonment in a jail or house of correction for not more than six months, or both such fine and imprisonment.

SECTION 5. Said section 52 of said chapter 119 is hereby further amended by inserting at the end thereof the following definition:-

“Civil Infraction”, a violation for which a civil proceeding is allowed, and for which the court shall not sentence any term of incarceration and therefore not appoint counsel.

SECTION 6. Section 54 of said chapter 119, as so appearing, is hereby amended by striking out in the definition of “Delinquent child” the word “seven” and inserting in place thereof the following number:- twelve

SECTION 7. Section 67 of said chapter 119, as so appearing, is hereby amended by striking out in the definition of “Delinquent child” the word “seven” and inserting in place thereof the following number:- 12

SECTION 8. Section 68 of said Chapter 119, as so appearing, is hereby amended by striking out the word “seven” and inserting in place thereof the following number:- 12

SECTION 9. Section 68A of said chapter 119, as so appearing, is hereby amended by striking out the word “seven” and inserting in place thereof the following number:- 12

SECTION 10. Section 84 of said chapter 119, as so appearing, is hereby amended by striking out the word “seven” and inserting in place thereof the following number:- 12

SECTION 11. Chapter 119 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting at the end thereof the following section:

Section 95.  (a) For purposes of this section, the following terms shall have the following meanings:-

“Juveniles”, persons appearing before the juvenile court under the age of 18 in delinquency, children requiring assistance cases, and care and protection cases, and under the age of 21 in youthful offender cases.

“Restraints”, devices that limit voluntary physical movement of an individual, including leg irons and shackles approved by the trial court security department.

(b) There shall be a presumption that restraints shall be removed from juveniles while appearing in a courtroom before a justice of the Juvenile Court.

(c) Restraints may not be used on juveniles during court proceedings and must be removed prior to the appearance of juveniles before the court at any stage of any proceedings, unless the justice presiding in the courtroom issues an order and makes specific findings on the record that restraints are necessary because there is reason to believe that a juvenile may try to escape, or that a juvenile may pose a threat to his or her own safety, or to the safety of other people in the courtroom, or restraints are reasonably necessary to maintain order in the courtroom.

(d) The justice presiding in the courtroom shall consider one or more of the following factors prior to issuance of any order and findings:

1)The seriousness of the present charge (supporting a concern that the juvenile has an incentive to attempt to escape);

2)The prior offense history of the juvenile;

3)Any past disruptive courtroom behavior by the juvenile;

4)Any past behavior by the juvenile that presented a threat to his or her own safety, or the safety of other people;

5)Any present behavior that the juveniles represents a current threat to his or her own safety, or the safety of other people in the courtroom;

6)Any past escapes, or attempted escapes;

7)Risk of flight from the courtroom;

8)Any threats of harm to others, or threats to cause a disturbance; and,

9)Security situation in the courtroom and courthouse, including risk of gang violence, or attempted revenge by others.

(e) The court officer charged with custody of a juvenile shall report any security concerns with said juvenile to the justice presiding in the courtroom. The justice presiding in the courtroom may attach significance to the report and recommendation of the court officer charged with custody of the juvenile, but shall not cede responsibility for determining the use of restraints in the courtroom to the court officer. The justice presiding in the courtroom may receive information from the court officer charged with custody of the juvenile, a probation officer, or any source which the court determines in its discretion to be credible on the issue of courtroom or courthouse security.

The decision to use restrains shall be the sole determination of the juvenile court justice who is presiding in the courtroom at the time that a juvenile appears before the court. No juvenile court justice shall impose a blanket policy to maintain restraints on all juveniles, or a specific category of juveniles, who appear before the court.

SECTION 12. Chapter 120 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after section 10 the following section:-

Section 10B. No person under 18 years of age and committed to the department of youth services shall be placed in involuntary room confinement as a consequence for noncompliance, punishment or harassment or in retaliation for any conduct.

SECTION 13.  Section 20 of chapter 233 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out the Fourth clause, and inserting in place thereof the following:-

Fourth, in a proceeding before an inquest, grand jury, trial of indictment or complaint, or any other criminal, delinquency or youthful offender proceeding where the victim in such proceeding is not a family member and does not reside in the family household, neither the parent nor minor child shall testify against the other without the other’s permission. For the purpose of this clause the term, “parent”, shall mean the biological or adoptive parent, stepparent, foster parent, or legal guardian of a child. In cases where the victim is a family member and resides in said household, the parent shall not testify as to any communication with such child that was for the purpose of seeking advice regarding the child’s legal rights and decision making.

SECTION 14. Section 53 of chapter 272 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting at the end thereof the following clause:-

(c) Notwithstanding any general or special law to the contrary, any person who violates clause (b) of this section shall not have a finding of delinquency entered against him for a first offense.

SECTION 15.  Section 100B of chapter 276 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out said section in its entirety and inserting in place thereof the following section:-

Section 100B.

(a)Any person having a record of entries of a court appearance in any proceeding pursuant to sections 52 to 62 of chapter 119, inclusive, in the commonwealth on file in the office of the commissioner of probation may, on a form furnished by the commissioner, signed under the penalties of perjury, request that the commissioner seal such file. The commissioner shall comply with such request provided (1) that any court appearance or disposition including court supervision, probation, commitment or parole, the records for which are to be sealed, terminated not less than one year prior to said request; (2) that said person has not been adjudicated delinquent or found guilty of any criminal offense within the commonwealth in the one year preceding such request, except motor vehicle offenses in which the penalty does not exceed a fine of five-hundred and fifty dollars nor been imprisoned under sentence or committed as a delinquent within the commonwealth within the preceding one year; and (3) said form includes a statement by the petitioner that he has not been adjudicated delinquent or found guilty of any criminal offense in any other state, United States possession or in a court of federal jurisdiction, except such motor vehicle offenses as aforesaid, and has not been imprisoned under sentence or committed as a delinquent in any state or county within the preceding one year.

(b)At the time of dismissal of a case, nolle prosequi, non-adjudication or when imposing any sentence, period of commitment or probation, or other disposition under section 58 of said chapter 119, the court shall inform all juveniles in writing of their right to seek sealing under this section, and that if the case ended in a dismissal, nolle prosequi, or without an adjudication, the court shall order sealing of the record at the time of the disposition unless the person charged with the offense objects.  The court shall also notify said juvenile that the record will be expunged three years after it is sealed unless the person charged with the offense objects.

(c)When records of delinquency and youthful offender appearances and dispositions are sealed by the commissioner in his files, the commissioner shall notify forthwith the clerk and the probation officer of the courts in which the adjudications or dispositions have occurred, or other entries have been made, police department from where the charges originated and the department of youth services of such sealing, and said clerks, probation officers, police department and department of youth services likewise shall seal records of the same proceedings in their files. Sealing of records under this section shall not preclude expungement of police records. The commissioner of probation also shall notify the State Police of such sealing and the State Police shall notify the Federal Bureau of Investigation of the sealing order and request that the FBI note that the record was sealed in its records if it has a record of the case.

Such sealed records of a person shall not operate to disqualify a person in any future examination, appointment or application for public service under the government of the commonwealth or of any political subdivision thereof; nor shall such sealed records be admissible in evidence or used in any way in any court proceedings or hearings before any boards of commissioners, except in imposing sentence for subsequent offenses in juvenile or criminal proceedings.

Notwithstanding any other provision to the contrary, the commissioner shall report such sealed  juvenile record to inquiring police and court agencies only as ''sealed juvenile record over one year old'' and to other authorized persons who may inquire as ''no record''. The information contained in said sealed juvenile record shall be made available to a judge or probation officer who affirms that such person, whose record has been sealed, has been adjudicated a delinquent or has pleaded guilty or has been found guilty of and is awaiting sentence for a crime committed subsequent to sealing of such record. Said information shall be used only for the purpose of consideration in imposing sentence.

SECTION 16.  Said chapter 276, as so appearing, is hereby further amended inserting, after section 100D, the following section:-

Section 100E.  Expungement of a court record.

(a)For the purpose of this section, the words expunge, expunged and expungement shall mean permanent erasure or destruction of information so that the information is no longer maintained in any file or record in an electronic, paper or other physical form.

(b)Notwithstanding section 100B, a person with a record of court appearances and dispositions in any proceeding pursuant to section 52 to 62 of chapter 119, inclusive, shall have the records of such a proceeding expunged upon the filing of a petition to expunge records with the commissioner of probation provided that:

(1) any juvenile court appearance or disposition including court supervision, probation, commitment or parole, the sealed records of misdemeanor offenses for which are to be expunged terminated not less than three years prior to said request; other sealed records may be expunged upon the filing of a petition with the court in which the appearance or disposition occurred if there is good cause to expunge the record, which shall include a determination of whether there is a foreseeable disadvantage related to employment, housing or access to other opportunities if the records are not expunged.

(2) that said person had no juvenile adjudication, was not found guilty of any criminal offense within the commonwealth in the three years preceding such request, except motor vehicle offenses in which the penalty does not exceed a fine of five hundred and fifty dollars, and was not imprisoned under sentence or committed to the Department of Youth Services within the commonwealth within the preceding three years; and

(3) said form includes a statement by the petitioner that during the preceding three years, the petitioner had no juvenile adjudication, was not found guilty of a criminal offense in any other state, United States possession or in a court of federal jurisdiction, except such motor vehicle offenses as aforesaid, and was not imprisoned under sentence or committed as a juvenile in any state or county within the preceding three years.

(c)The court shall also allow a petitioner to expunge the record if a case ended in a dismissal, nolle prosequi, or without an adjudication because: (1) the person charged with an offense was misidentified or mistakenly charged with an offense due to an error by law enforcement or court employees, or the person arrested or accused of committing the offense provided a false name; or (2) fraud was perpetrated on the court related to offense.  

(d)The form of the petition to expunge shall be furnished by the commissioner of probation.

(e)For any petition to expunge granted under this section, the clerks and probation officers of the courts in which the proceedings occurred or were initiated shall expunge all the records of the proceedings in their files in their paper, electronic, and any other form.

(f)Notwithstanding any other general or special law to the contrary, in the case of an expunged record, the commissioner of probation and the clerk of courts in a district court, superior court, juvenile court and the Boston municipal court, shall report that no record exists in response to inquiries.

An applicant for employment, housing or an occupational license with an expunged record may answer no record to any inquiry regarding prior arrests, adjudications or other dispositions that were contained in an expunged record.

The expunged record shall not operate to disqualify any person in an examination, appointment or application for public employment in the service of the commonwealth or a subdivision thereof and no such appearances or dispositions shall be used against a person in any way in any court proceeding or hearing before a court, board or commission to which that person is a party to the proceeding.

(g)Notwithstanding any General or Special Laws to the contrary, once the commissioner of probation expunges the records within the commissioner’s possession, the commissioner shall notify the department of youth services of the expungement and the department shall expunge such records from the department’s files. Any records subject to an expungement order shall be expunged in their paper, electronic and any other physical form.

(h)The commissioner of probation shall also notify the State Police of such expungement and the State Police shall notify the Federal Bureau of Investigation of the expungement order and request that the FBI expunge its fingerprint and other records related to the case.

SECTION 17. Paragraph 1 of section 70C of chapter 277 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out in the second sentence the words:- “chapter 119,”

SECTION 18.  Notwithstanding any general or special law to the contrary, juvenile records, including, but not limited to, juvenile conviction data, juvenile arrest data, or juvenile sealed record data, shall not be shared with the Registry of Motor Vehicles by the court, probation, district attorney, law enforcement agencies, the department of criminal justice information services, or any other agency or entity that lawfully possesses such records.

SECTION 19.  There shall be a Juvenile Justice Policy and Data Commission convened by the Child Advocate for Massachusetts.  The Commission shall evaluate policies related to the juvenile justice system, oversee the collection and dissemination of aggregate data regarding the system, and study the implementation of any major statutory changes to the juvenile justice system, including but not limited to the expansion of juvenile jurisdiction to include persons 18, 19 and 20 years of age.

The Commission shall consist of the following members or their designees: Two members of the General Court, one of whom shall be appointed by the Speaker of the House of Representatives, and one of whom shall be appointed by the President of the Senate; the Child Advocate; the chief justice of the juvenile court; the commissioner of probation; the commissioner of youth services; the commissioner of children and families; the commissioner of mental health; the commissioner of public health; the Secretary of Education; the chief counsel of the Committee for Public Counsel Services; the executive director of the Massachusetts District Attorneys’ Association; the chair of the Massachusetts Juvenile Justice Advisory Committee;  the executive director of Citizens for Juvenile Justice, Inc.; the executive director of the Children’s League of Massachusetts; a representative of the Massachusetts Chiefs of Police Association; 2 parents whose children have been subject to Juvenile Court jurisdiction; and 1 member to be appointed by the governor who shall have experience or expertise related to the design and implementation of state administrative data systems.  All appointments to the Commission shall be made not less than 30 days after the enactment of this legislation. 

The Commission shall have an Executive Director who shall convene the Commission, prepare reports as called for herein; and identify academic research partners in Massachusetts or elsewhere to assist in the analysis and reporting.

Not later than January 1, 2019, and no later than each January 1 following, the Commission shall report to the Clerks of the Senate and the House of Representatives, the Chief Judge of the Trial Court, and the Governor, regarding the following:

(a)Any statutory changes concerning the juvenile justice system that the committee recommends to (A) improve public safety, (B) promote the best interests of children and youths who are under the jurisdiction, supervision, care or custody of the Juvenile Court, the Commissioner of Youth Services, or the Commissioner of Child Welfare; (C) improve transparency and accountability with respect to state-funded services for children and youths in the juvenile justice system with an emphasis on goals identified by the committee for community-based programs and facility-based interventions; and (D) promote the efficient sharing of information between the Executive Branch and the Judicial Branch to ensure the regular collection and reporting of recidivism data and promote public welfare and public safety outcomes related to the juvenile justice system.

(b)Short-term goals to be met within 12 months, medium-term goals to be met within 18 months and long-term goals to be met within 36 months, for the Commission and state agencies with responsibilities with respect to the juvenile justice system to meet, after considering existing relevant reports related to the juvenile justice system and any related agency or entity strategic plans;

(c)By no later than January 1, 2018, the capacities and limitations of the data systems and networks used to collect and report state and local juvenile caseload and outcome data. The analysis shall include all of the following:

i.a review of the relevant data systems, studies and models from the commonwealth and other states;

ii.identification of changes or upgrades to current data collection processes to remove inefficiencies, track and monitor state agency and court-involved juveniles and facilitate the coordination of information sharing between relevant agencies and the courts, including without limitation data that is required to be reported under federal law or for purposes of securing federal funding;

iii.the identification and evaluation of any racial and ethnic disparities within the juvenile justice system and recommendations regarding ways to reduce such disparities;

iv.recommendations for the creation of a web-based statewide clearinghouse or information center that would make relevant juvenile justice information on operations, caseloads, dispositions and outcomes available in a user-friendly, query-based format for stakeholders and members of the public, including a feasibility assessment of implementing such a system;

v.a plan for improving the current juvenile justice reporting requirements, including streamlining and consolidating current requirements without sacrificing meaningful data collection and including a detailed analysis of the information technology and other resources necessary to implement improved data collection; and,

vi.any other matters which the task force determines may improve the collection of, and interagency coordination of, juvenile justice data.

(d)The impact of any legislation that expands or alters the jurisdiction or functioning of the juvenile court, including but not limited to legislation to include persons 18, 19 and 20 years of age within the jurisdiction of the juvenile system, as measured by the following: (A) Any change in the average age of children and youths involved in the juvenile justice system; (B) The types of services used by designated age groups and the outcomes of those services; (C) The types of delinquent acts or criminal offenses that children and youths have been charged with since the enactment and implementation of such legislation; and (D) The gaps in services identified by the committee with respect to children and youths involved in the juvenile justice system, including, but not limited to, children and youths who have attained the age of 18 after being involved in the juvenile justice system, and recommendations to address such gaps in services; and (5) Strengths and barriers identified by the committee that support or impede the educational needs of children and youths in the juvenile justice system, with specific recommendations for reforms.

(e)The quality and accessibility of diversionary programs available to children and youths in this state;

(f)An assessment of the system of community-based services for children and youths who are under the supervision, care or custody of the Department of Youth Services or the Juvenile Court;

(g)An assessment of the number of children and youths who, after being or while under the supervision or custody of the Department of Children and Families, are adjudicated delinquent or as a youthful offender; and,

(h)An assessment of the overlap between the juvenile justice system and the mental health care system for children in Massachusetts, and,

(i)Any appropriations necessary to accomplish any goals or suggested policy changes identified by the Commission.

The Commission shall establish a timeframe for review and reporting regarding the responsibilities outlined in this section. Each report submitted by the Commission shall include specific recommendations to improve outcomes and a timeline by which specific tasks or outcomes must be achieved.

SECTION 20.  Notwithstanding any general or special laws to the contrary, it shall be a rebuttable presumption that youth status is a distinct mitigating factor. When the commonwealth has failed to rebut the presumption by clear and convincing evidence, issues of intent, knowledge, premeditation and purpose, or the reasonableness of the defendant’s belief that he is in imminent threat of death or serious bodily injury, or the reasonableness of a defendant’s perception of the amount of force necessary to combat the perceived threat, shall be considered in light of the young adult’s diminished capacities.

In cases where youth status is a mitigating factor, the Court, at the time of sentencing shall apply a sentencing discount, not to exceed one third of the “adult” prescribed penalty, or provide early release options based on the completion of educational, vocational, or substance abuse programs.

The department of corrections and the houses of correction shall provide workforce development, educational, and substance abuse treatment programming for all individuals under the age of 26 at the time of the offense; and accelerated good time credits for completion of said programing.

Youth status shall be based on the scientific literature on brain maturation, which documents that young adults under age 26 are developmentally more like juveniles than they are like fully mature adults and are therefore less culpable and more amendable to change.