Amendment #923 to H4200

Improving Juvenile Justice Data Collection

Representatives Dykema of Holliston, Balser of Newton, Toomey of Cambridge, Keefe of Worcester, Garballey of Arlington, Hecht of Watertown, Gonzalez of Springfield, Khan of Newton, Heroux of Attleboro, Hill of Ipswich, Fox of Boston, Rogers of Cambridge, Ashe of Longmeadow and Stanley of Waltham move to amend the bill by adding the following section:

SECTION XX. The General Laws, as appearing in the 2012 Official Edition, are hereby amended by adding the following chapter:-

Chapter 18D:  Collection of juvenile justice contact data

Section 1: Definitions

As used in this Chapter the following words shall have the following meanings, -

“Contact” any action, order, practice, or procedure by law enforcement personnel, court personnel, or any official of the commonwealth in interacting with a juvenile in response to any type of offense.

“Juvenile” a youth between the age of seven and eighteen and up to the age of 22 if the individual remains within the jurisdiction of the juvenile court, and children aged fourteen to eighteen who are charged with first or second degree murder pursuant to section 74 of chapter 119;

“Racial and ethnic category” the socio-cultural racial and ethnic category of an individual as determined in a manner that is consistent with the categories established by the United States Department of Justice Office of Juvenile Justice and Delinquency Prevention.

“Type of offense” category of offense that is consistent with the categories established and utilized by the National Incident-Based Reporting System published by the Uniform Crime Reporting Program of the Federal Bureau of Investigation.

Section 2. (a). The child advocate shall identify information to be collected by the attorney general, the chief justice for administration and management of the trial court, the commissioner of probation, the secretary of public safety and security, and the secretary of health and human services in order to evaluate the frequency and outcome of contacts between juveniles of each racial and ethnic category and law enforcement personnel, court personnel, and other Commonwealth officials. Information shall include, but not be limited to, the type of offense which resulted in the contact and the age, gender, and racial and ethnic category of the juvenile.  The child advocate may provide guidance regarding the manner in which racial and ethnic category data is collected, with consideration of the juvenile’s self-reporting of such categories.  In identifying information to be collected, the child advocate shall include information the Commonwealth is required to report under the United States Juvenile Justice & Delinquency Prevention Act, including without limitation the requirements for applications and reporting for formula grants under 28 CFR 31.

(b). The attorney general, the chief justice for administration and management of the trial court, the commissioner of probation, the secretary of public safety and security, and the secretary of health and human services shall collaborate to establish procedures for the collection of the information identified under paragraph (a).

Section 3. (a). The commissioner of the department of correction, the sheriffs of each county, the parole board and law enforcement officials including the department of state police, municipal police departments, Massachusetts Bay Transportation Authority police, any school-based police from a local education authority, shall collect the information identified in section 2 for each juvenile with whom they have contact and transmit the information to the secretary of public safety and security on a quarterly basis. The secretary shall study and analyze the information collected and file a report with the clerks of the house of representatives and senate each year on January 15.  A copy of the report and the information collected shall be provided to the office of the child advocate and made available to the public on the website of the executive office of public safety and security.

(b). Judicial officials including clerk magistrates, the commissioner and personnel of the department of probation, and personnel and justices of the trial court shall collect the information identified in section 2 for each juvenile with whom they have contact and transmit the information to the trial court’s chief justice for administration and management on a quarterly basis. The chief justice shall study and analyze the information collected and file a report with the supreme judicial court and the clerks of the house of representatives and senate each year on January 15.  A copy of the report and the information collected shall be provided to the office of the child advocate and made available to the public on the websites of the trial court and the department of probation.

(c). District attorneys shall collect the information identified in section 2 for each juvenile with whom they have contact and transmit the information to the attorney general on a quarterly basis. The attorney general shall study and analyze the information collected and file a report with the clerks of the house of representatives and senate each year on January 15.  A copy of the report and the information collected shall be provided to the office of the child advocate and made available to the public on the website of the attorney general.

(d). The department of youth services shall collect the information identified in section 2 for each juvenile with whom they  have contact and transmit the information to the secretary of health and human services on a quarterly basis. The secretary shall study and analyze the information collected and file a report with the clerks of the house of representatives and senate each year on January 15.  A copy of the report and the information collected shall be provided to the office of the child advocate and made available to the public on the website of the executive office of health and human services.

Section 4. The information acquired under the provisions of this chapter shall be used only for statistical purposes. Data concerning the identity of an individual who had contact with the juvenile justice system shall be removed from information made available to the public.

Additional co-sponsor(s) added to Amendment #923 to H4200

Improving Juvenile Justice Data Collection