FILED ON: 7/6/2022

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2987

The Commonwealth of Massachusetts

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

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An Act promoting diversion of juveniles to community supervision and services.

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

Section 54A of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking subsection (g) and inserting in place thereof the following subsection:-

(g)(1) A child otherwise eligible for diversion under this section shall not be eligible for diversion:

(i) if the child is indicted as a youthful offender;

(ii) if the child is charged with an offense that cannot be continued without a finding or placed on file;

(iii) unless there is concurrent district court jurisdiction for such offense, if the child is charged with an offense for which a penalty of incarceration greater than 5 years may be imposed or for which there is minimum term penalty of incarceration; or

(iv) if the child is charged with an offense listed under the second sentence of section 70C of chapter 277; provided, however, that a child shall be eligible for diversion if the child is charged with an offense under: (A) paragraph (a) of subdivision 2 of said section 24 of chapter 90; (B) subsection (a) of section 13A of chapter 265; (C) the first paragraph of section 13D of said chapter 265; (D) subsection (a) of section 13M of said chapter 265; (E) subsection (b) of section 15A of said chapter 265; (F) subsection (b) of section 15B of said chapter 265; (G) section 13A of chapter 268; or (H) section 13C of said chapter 268.

(2) Diversion of juvenile court charges under this chapter shall not preclude a subsequent indictment on the same charges in superior court.