SENATE DOCKET, NO. 1659        FILED ON: 2/18/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1057

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Patricia D. Jehlen

_________________

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 relative to probation violations.

_______________

PETITION OF:

 

Name:

District/Address:

 

Patricia D. Jehlen

Second Middlesex

 

Elizabeth A. Malia

11th Suffolk

2/26/2021


SENATE DOCKET, NO. 1659        FILED ON: 2/18/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1057

By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 1057) of Patricia D. Jehlen and Elizabeth A. Malia for legislation relative to probation violations.  The Judiciary.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 846 OF 2019-2020.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

 

An Act relative to probation violations.

 

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 133 of Chapter 127 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out the last sentence.

SECTION 2. Section 3 of Chapter 279 of the General Laws, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following 4 sentences:-

If such suspended sentence is to the state prison and is revoked, the sentence shall be in full force and effect.  If such suspended sentence is to the house of correction and is revoked, the court shall have discretion to impose (i) the full term of the suspended sentence; or (ii) a portion of the suspended sentence with the remaining balance suspended. If the court imposes a portion of the suspended sentence, then the remaining balance of the suspended sentence and the length of time for which the balance is suspended shall be reduced by the time served on revocation. If the court imposes less than the full term of the suspended sentence, the court shall also have discretion to revise the conditions of probation.