A sweeping criminal justice reform package has become law following action by the Massachusetts Legislature and the Governor’s signature last week. Senator Sal DiDomenico (D-Everett) recently highlighted the achievement, noting that he and his legislative colleagues had voted overwhelmingly to pass this comprehensive legislation. An Act relative to criminal justice reform promises a more equitable system by supporting the state’s youngest and most vulnerable residents, reducing recidivism, increasing judicial discretion, and enhancing public safety.
Protections for vulnerable populations in the criminal justice system are strengthened through various provisions in the bill, while policies safeguarding public safety and witness protection have also been implemented. Complementing this comprehensive criminal justice reform legislation is the accompanying Act implementing the joint recommendations of the Massachusetts Criminal Justice Review (H.4012). The CSG bill permits individuals to earn early release through participation in recidivism-reduction programs.
For the first time ever in Massachusetts, a process for expunging criminal records has been established by this legislation. Certain juvenile and young adult (18-21) records can now be expunged by courts, as can records in fraud cases or where an offense is no longer a crime.
The Commonwealth’s most vulnerable children have long benefited from legislative support, particularly those experiencing trauma and adversity. This bill reflects that commitment by raising the minimum age of criminal responsibility from seven to twelve and decriminalizing a first offense misdemeanor carrying a punishment of a fine or imprisonment for not more than six months. A Juvenile Justice Policy and Data Commission will be established, making the state eligible for additional federal funding, while a Childhood Trauma Task Force will study and recommend gender responsive and trauma-informed approaches to treatment of youths in the juvenile justice system. Good Samaritan protections have been extended to alcohol incapacitation for individuals under 21.
The sentencing approach reflected in this legislation represents a balanced, modern framework. Mandatory and statutory minimum sentences for many low-level, non-violent drug offenses have been eliminated. The nation’s strongest law for Carfentanil trafficking is created, and the existing Fentanyl trafficking law is strengthened, supporting the Legislature’s multi-tiered approach to the opioid epidemic. Penalties for repeat offenders convicted of operating under the influence (OUI) have also been strengthened.
District attorneys must now create pre-arraignment diversion programs serving military personnel, veterans, and individuals with addiction or mental health issues as part of efforts to combat the opioid epidemic and provide healthcare parity. Diversion programs have been expanded to the Juvenile Court, and the existing age restriction on diversion in the District Court has been removed.
Building on reforms enacted in 2010 and 2012, the Commonwealth’s criminal offender record information (CORI) system has been updated again to assist individuals in securing gainful employment and housing through the following changes:
- Wait time to seal a conviction has been reduced from ten years to seven years for a felony, and from five years to three years for a misdemeanor.
- A conviction for resisting arrest may now be sealed.
- Applicants with sealed records may answer “no record” on housing and professional license applications.
- Protections for businesses and landlords have been established, with presumption of no notice or ability to know about criminal records that have been sealed or expunged.
The Commonwealth’s bail system has been updated and judicial discretion enhanced by requiring judges to consider a person’s financial resources when determining bail. The threshold for larceny to qualify as a felony has been raised from $250 to $1,000. Additionally, the crime of solicitation has been created and is tied to the severity of the underlying crime.
Further 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.