By Representative Holmes of Boston, a petition (accompanied by bill, House, No. 3349) of Russell E. Holmes for legislation to transfer jurisdiction of the Department of Correction and the Parole Board from the Executive Office of Public Safety to the Executive Office of Health and Human Services. State Administration and Regulatory Oversight.
By Ms. Creem, a petition (accompanied by bill, Senate, No. 1051) of Cynthia Stone Creem for legislation relative to judicial supervision to promote child well-being. The Judiciary.
This bill (HD 543) reforms Massachusetts parole procedures to improve fairness and access. It requires the parole board to include at least four members with mental health/substance use experience (including one licensed professional) and one formerly incarcerated person with relevant expertise. The bill expands parole eligibility for life sentence holders (excluding certain murder cases), mandates public hearings 90 days before eligibility, and requires the board to reconsider cases every three years if parole is denied. It also adds transparency by requiring hearing recordings to be public for life sentences, ensuring prisoners access to information provided to the board, and directing the board to prioritize risk assessments, program participation, and community reentry plans when making decisions.
This bill (HD 1073) amends Massachusetts law regarding probation revocations for certain sentences. It directly affects individuals on probation who violate terms and were originally sentenced to a house of correction (not state prison). The key change gives courts discretion to impose only a portion of a suspended sentence upon revocation (instead of the full term), with the remaining suspended time automatically reduced by the time served during the revocation period. Courts must also adjust probation conditions if they impose less than the full suspended sentence. This clarifies and expands judicial flexibility in sentencing for probation violations.
HD 1052 updates Massachusetts' definition of "indigent" for court purposes, affecting individuals seeking fee waivers or legal aid in court proceedings. It adds three clear criteria: receiving specific public benefits, having income at or below 125% of federal poverty guidelines, or being unable to pay court costs without sacrificing basic needs like food or shelter (excluding inmates who haven't followed required procedures). The bill also requires courts to order financial reassessments when indigency status is in doubt, with probation officers filing written reports. Finally, it mandates quarterly reports to legislative committees tracking indigency determinations, misrepresentations, and procedural effectiveness by court division.
SD 1032 strengthens GPS tampering laws by making it a felony to remove or destroy a GPS tracking device without judicial approval or a demonstrated need to prevent greater harm. This law directly affects individuals under court supervision (such as those on probation or parole) who use GPS tracking devices. The key provision imposes a mandatory minimum 2-year prison sentence for unauthorized tampering. The change specifically targets willful interference with tracking systems, not accidental damage.
HD 1757 creates a special commission to study transferring Massachusetts' Department of Correction (DOC) and Parole Board from the Executive Office of Public Safety and Security to the Executive Office of Health and Human Services. The bill cites historical context (DOC was under Health and Human Services before 1991), current issues like 70% of DOC's budget going to labor instead of rehabilitation programs, and reports of unmet mental health care standards. The commission will examine legal implications, potential impacts on services and recidivism, fiscal effects, and practices in other states. It must hold public hearings and submit a report with recommendations by December 2026, but the bill itself does not enact the transfer - it only authorizes the study.
SD 1048 establishes a specialized domestic violence and sexual assault probation unit within Massachusetts court probation departments. The unit requires each court to employ a victim advocate (from an external nonprofit) to support victims who filed complaints under Chapter 209A, handle their complaints against probation officers, and provide information about their rights and case details. It also mandates that probation officers assigned exclusively to these cases complete specialized training on domestic violence and sexual assault, and requires offenders to maintain certified batterer’s treatment programs as a condition of probation. The bill directly affects victims of domestic violence or sexual assault, probation officers handling such cases, and offenders subject to Chapter 209A orders.
HD 3164 creates a tax credit for Massachusetts employers with 10 or fewer employees who hire formerly incarcerated individuals (within 5 years of release) or people receiving transitional assistance under Chapter 18. Employers receive a $2,000 annual tax credit per eligible hire, plus phased training funds ranging from $15,000 to $9,000 over five years. The program is funded by dedicating 15% of several existing state justice and reentry program budgets to a new trust fund. It directly affects small Massachusetts businesses and supports job placement for two specific vulnerable groups. The credit is available for 10 years if the employee remains employed.
This bill requires individuals convicted of certain crimes against seniors (defined as elders or those in senior housing) to register annually with the office of probation for five years. The registration includes detailed personal information like addresses, physical description, and a photograph. Failure to comply carries penalties of up to 2.5 years in prison, a $5,000 fine, or both. The law directly affects convicted offenders of specified crimes against seniors, establishing a mandatory registry for their monitoring.