Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
Section 68 of chapter 119 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by inserting after the first paragraph the following two paragraphs:-
The court may recommend that a child who has attained the age of fourteen and who is committed to the care of the department shall be held in a secure detention facility if the court further determines that the child (a) is a fugitive from another jurisdiction on a delinquency petition; or (b) is charged with murder in the first or second degree; or (c) is charged with a crime of violence other than first or second degree murder which, if committed by an adult, would be punishable by imprisonment in the state prison; provided, however, that such child is already detained or on conditional release in conjunction with another delinquency proceeding, or has demonstrated a recent record of willful failure to appear at juvenile court proceedings, or has demonstrated a recent record of violent conduct resulting in physical injury to others.
The court shall forward such recommendation and the reasons therefor, in writing, to the department. Such recommendation shall not be binding upon the department, but if the department chooses not to comply with such recommendation, the department shall inform the court within two business days.