SENATE DOCKET, NO. 2263        FILED ON: 1/20/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1107

The Commonwealth of Massachusetts

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PRESENTED BY:

Pavel M. Payano

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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 relative to pre-adjudication credit for juvenile offenders.

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PETITION OF:

SENATE DOCKET, NO. 2263        FILED ON: 1/20/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1107

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to pre-adjudication credit for juvenile offenders.

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

SECTION 1a. Section 58 of Chapter 119 of the General Laws, as appearing in the 2020 official edition, is hereby amended by inserting after the word “maturity” in line 65 the following:- the period of time the child spent in a secure detention facility awaiting trial;

SECTION 1b. Section 58 of Chapter 119 of the General Laws, as appearing in the 2020 official edition, is hereby amended by inserting after the fifth paragraph the following paragraph:

The court shall order that a child, who receives either a sentence as provided by the law or a combination sentence pursuant to this section, be deemed to have served a portion of their adult sentence pursuant to Chapter 279 Section 33A.

SECTION 2. Section 68 of chapter 119 of the General Laws, as appearing in the 2020 official edition, is hereby amended by adding the following paragraph:-

The department shall prepare and submit a report to the court prior to disposition for children who are detained under this section that includes the period of time the child spent in a secure detention facility.

SECTION 3. Section 5 of Chapter 120 of the General Laws, as appearing in the 2020 official edition, is hereby amended by adding the following subsection:-

(f) The department shall consider the period of time spent in a secure detention facility while awaiting trial when determining the length of confinement.