Senator Sal DiDomenico (D-Everett) recently announced that the landmark criminal justice reform package crafted by the Massachusetts Legislature has been signed into law. The Senator had previously joined his legislative colleagues in overwhelmingly voting to pass this sweeping piece of legislation, and last week the Governor signed the bill into law. An Act relative to criminal justice reform will lead to a more equitable system by supporting our youngest and most vulnerable residents, reducing recidivism, increasing judicial discretion, and enhancing public safety.
The legislation contains provisions to provide better care for vulnerable populations in the criminal justice system, and implements policies to strengthen protections for public safety and witness protection. The Legislature also passed the accompanying Act implementing the joint recommendations of the Massachusetts Criminal Justice Review (H.4012), which is designed to complement the comprehensive criminal justice reform legislation. The CSG bill allows individuals to earn early release by participating in recidivism-reduction programs.
For the first time in the history of Massachusetts, this legislation establishes a process for expunging criminal records. Courts will now be able to expunge certain juvenile and young adult (18-21) records, and records in cases of fraud or where an offense is no longer a crime.
The Legislature has a longstanding legacy of supporting the Commonwealth’s most vulnerable children, particularly those facing trauma and adversity. Accordingly, this bill raises the minimum age of criminal responsibility from seven to twelve and decriminalizes a first offense misdemeanor if the punishment is a fine or imprisonment for not more than six months. The legislation establishes a Juvenile Justice Policy and Data Commission, which will make the state eligible for additional federal funding, and a Childhood Trauma Task Force to study and recommend gender responsive and trauma-informed approaches to treatment of youths in the juvenile justice system. The bill also extends Good Samaritan protections to alcohol incapacitation for individuals under 21.
This legislation reflects a balanced, modern approach to sentencing. It eliminates mandatory and statutory minimum sentences for many low-level, non-violent drug offenses. Additionally, it creates the nation’s strongest law for Carfentanil trafficking and strengthens the existing Fentanyl trafficking law, bolstering the Legislature’s multi-tiered approach to the opioid epidemic. The legislation also strengthens penalties for repeat offenders convicted of operating under the influence (OUI).
The new law requires district attorneys to create pre-arraignment diversion programs for military personnel, veterans, and individuals with addiction or mental health issues in order to combat the opioid epidemic and provide healthcare parity. It also expands diversion programs to the Juvenile Court and removes the existing age restriction on diversion in the District Court.
Following reforms in 2010 and 2012, this legislation again updates the Commonwealth’s criminal offender record information (CORI) system to help individuals secure gainful employment and housing, enacting the following policies:
- Reduces the wait time to seal a conviction from ten years to seven years for a felony, and from five years to three years for a misdemeanor.
- Allows a conviction for resisting arrest to be sealed.
- Expands the ability of an applicant with a sealed record to be able to answer “no record” on housing and professional license applications.
- Establishes protections for businesses and landlords who shall be presumed to have no notice or ability to know about criminal records that have been sealed or expunged.
This legislation updates the Commonwealth’s bail system and enhances judicial discretion by requiring a judge to take a person’s financial resources into account when determining bail. It also raises the threshold for larceny to qualify as a felony from $250 to $1,000. It also creates the crime of solicitation that is tied to the severity of the underlying crime.
Additional policy changes include: reduction of fees imposed on defendants; decriminalization of minor offenses; enhanced limits on solitary confinement; improvement of prison conditions; and release of prisoners who are permanently incapacitated and pose no safety risk.