SECTION 1.  The General Laws are hereby amended by inserting after chapter 258E the following new chapter:-

CHAPTER 258F.

MECHANISM FOR PROSECUTORS TO ADDRESS AND REMEDY UNJUST CONVICTIONS.

Section 1. The commonwealth may file a motion in writing in the court with jurisdiction over the criminal case seeking a court order to:

(1)vacate the conviction;

(2)vacate the conviction and order a new trial; or

(3)reduce the duration of the sentence.

Section 2.  The commonwealth’s motion may be filed at any time after judgment in a criminal case, and the court with jurisdiction over the case may vacate the conviction or modify the duration of the sentence on the grounds that:

(1)clear and convincing evidence exists establishing that the defendant was convicted of an offense that the defendant did not commit;

(2)the conviction was based on an erroneous application of the law;

(3)there is newly discovered, credible, and material evidence that casts real doubt on the justice and integrity of the conviction; 

(4)the act on which the conviction was based is no longer a crime; or

(5)the interests of justice and fairness justify vacating the conviction or reducing the duration of the sentence.

Section 3.  A motion filed by the commonwealth under this chapter shall:

(1) be in writing;

(2) state in detail the grounds on which the motion is based;

(3) where applicable, describe the newly discovered evidence; and

(4) contain or be accompanied by a request for a hearing.

Section 4.  The commonwealth shall notify the defendant in writing of the filing of a motion under this chapter.  The defendant may file a response to the commonwealth’s motion within thirty days after receipt of the notice required under this section or within the period of time that the court orders.

Section 5.  Before a hearing on a motion filed under this chapter, the victim or victim’s representative shall be notified, as provided under the Massachusetts Victim Bill of Rights, M.G.L. c. 258B.  A victim or victim’s representative has the right to attend a hearing on a motion filed under this chapter.

Section 6.  Except as provided in this section, the court shall hold a hearing on a filed motion if the motion satisfies the requirements of section 3.

The court may dismiss a motion without a hearing if the court finds that the motion fails to assert grounds on which relief may be granted.

Section 7.  In ruling on a motion filed under this section, the court, as the court considers appropriate, may:

(1)vacate the conviction and discharge the defendant;

(2)vacate the conviction and order a new trial;

(3)reduce the duration of the sentence; or

(4)deny the motion.

The court shall state the reasons for a ruling in writing or on the record.

Section 8.  In deciding whether to reduce the duration of a sentence, the court must determine both that:

(1)the individual is not a danger to the safety of any person or the community; and

(2)the interests of justice will be better served by a reduced sentence.

Section 9.  The commonwealth, in a proceeding under this chapter, has the burden of proof.

Section 10.  An appeal may be taken by either party from an order entered under this chapter.