Found 28 matches.
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COVID-19 Resource_CfJJ Letter to Trial Court Prob DYS CPCS
Tags: Massachusetts | Institutional Conditions
CfJJ released a letter calling for the state of Massachusetts to protect youth in custody.
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COVID-19 Resource_DC Congregate Care
Tags: Massachusetts | Institutional Conditions | Fact Sheets and Briefs
This interim guidance is based on what is currently known about the transmission and severity of Coronavirus Disease 2019 (COVID-19). The Massachusetts Department of Public Health is working closely with the federal Centers for Disease Control and Prevention (CDC) to provide updated information about the novel coronavirus outbreak.
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LESS CRIME FOR LESS MONEY
Tags: Massachusetts | Community-Based Alternatives and Supervision | Family and Youth Involvement | General System Reform | Reports | Partner Publications
Police, district attorneys, and court personnel offer a discretionary and disparate array of programs and practices, with no statutory mandate or other support, It is critical to assess whether the programs we pay for are offered fairly or are effective.
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Report on the Evaluation of Judicially Led Responses to Eliminate School Pathways to the Juvenile Justice System
Tags: California | Colorado | Connecticut | Delaware | Florida | Georgia | Indiana | Kentucky | Massachusetts | Maryland | Michigan | North Carolina | New Mexico | Tennessee | School-to-Prison Pipeline | Reports | Research
Report on judicially-led collaboratives to reduce stringent school discipline and referrals of youth to juvenile courts for school-based behaviors. Discusses findings and some lessons learned. (Copyright 2015, released in June 2016.)
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Social Impact Bonds: Tip Sheet
Tags: Massachusetts | New York | Utah | National | Fiscal Issues and Funding | NJJN Publications
What are social impact bonds? Where did they come from? This tip sheet from NJJN's Fiscal Policy Center has the answers, plus: benefits, pitfalls, and real-life examples.
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Unlocking Potential: Addressing the Overuse of Juvenile Detention in Massachusetts
Tags: Massachusetts | Community-Based Alternatives and Supervision | Racial and Ethnic Disparities | Institutional Conditions | Reports | Partner Publications
This report from the Coalition for Juvenile Justice (an NJJN partner) discusses the high rate of incarceration of youth in Massachusetts. It details the number of youth incarcerated for minor and nonviolent offenses, as well as the broad racial and ethnic disparities observable in the state's youth incarceration rates.
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Diatchenko v. District Attorney (Massachusetts Supreme Judicial Court Decision 12/24/2013)
Tags: Massachusetts | Life Without Parole and Parole Issues | Court Decisions and Related Documents
Massachusetts Supreme Judicial Court decision rules that Miller v. Alabama applies retroactively, and that life without the possibility of parole is an unconstitutional sentence for youth under the age of 18 - whether mandatory or discretionary.
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Massachusetts Eliminates Sentences of Life without Parole for Youth, Commonwealth v. Marquise Brown, 466 Mass. 676 (2013)
Tags: Massachusetts | Juvenile Defense and Court Process | Life Without Parole and Parole Issues | Court Decisions and Related Documents
Following the U.S. Supreme Court ruling in Miller v. Alabama, Massachusetts’ Supreme Judicial Court outlawed all sentences of life without parole for crimes committed by youth under age 18. Diatchenko v. District Attorney for Suffolk District, 466 Mass. 655 (2013). The court cited concerns related to the disproportionality of the sentence when it is applied to youth, and the fact that it is impossible for a court to determine that a youth under age 18 is “irretrievably depraved.” Diatchenko also held that Miller must be applied retroactively, allowing over 60 people serving life without parole sentences for crimes committed when they were 18 to become eligible for parole after serving at least a 15-year sentence. A separate decision ruled that the Diatchenko decision also had to be applied to currently pending cases. Commonwealth v. Marquise Brown, 466 Mass. 676 (2013). Over 80 existing cases were directly impacted by the ruling.
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Massachusetts Eliminates Sentences of Life without Parole for Youth, Diatchenko v. District Attorney for Suffolk District, 466 Mass. 655 (2013)
Tags: Massachusetts | Life Without Parole and Parole Issues | Court Decisions and Related Documents
Following the U.S. Supreme Court ruling in Miller v. Alabama, Massachusetts’ Supreme Judicial Court outlawed all sentences of life without parole for crimes committed by youth under age 18. Diatchenko v. District Attorney for Suffolk District, 466 Mass. 655 (2013). The court cited concerns related to the disproportionality of the sentence when it is applied to youth, and the fact that it is impossible for a court to determine that a youth under age 18 is “irretrievably depraved.” Diatchenko also held that Miller must be applied retroactively, allowing over 60 people serving life without parole sentences for crimes committed when they were 18 to become eligible for parole after serving at least a 15-year sentence. A separate decision ruled that the Diatchenko decision also had to be applied to currently pending cases. Commonwealth v. Marquise Brown, 466 Mass. 676 (2013). Over 80 existing cases were directly impacted by the ruling.
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Massachusetts Raises the Age of Juvenile Court Jurisdiction, H.B. 1432
Tags: Massachusetts | Legislation
Massachusetts raised the age of juvenile jurisdiction from 17 to 18. The bill—passed unanimously in both houses despite concerns based on projected financial impact—amends all statutes related to youth in trouble with the law and criminal record information to reflect the new age of jurisdiction. The legislature heeded research indicating that any increased costs in the juvenile justice system due to the change would be offset by decreased costs in the criminal justice system. Also persuasive was the fact that new Prison Rape Elimination Act regulations scheduled to take effect in August 2013 would impose huge additional costs on the state unless 17-year-olds were brought into the juvenile justice system. Notably, the bill was supported by the Massachusetts Sheriffs’ Association. H.B. 1432/Act No. 84-2013, signed into law and effective September 18, 2013.
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Massachusetts Prohibits Arrest of “Children Requiring Assistance”, S.B. 2410
Tags: Massachusetts | Legislation
Massachusetts youth may no longer be arrested for running away, truancy, or stubborn behavior, and such youth may not be confined in shackles or placed in court lockup or any other facility meant for youth in the delinquency system. Instead, law enforcement may place such youth in custodial protection and must immediately notify their parents or guardians. Prior to disposition, a hearing must be held to discuss appropriate services, treatment, or placement. The law also renames Massachusetts’ “Children in Need of Services (CHINS)” system to “Families and Children Requiring Assistance” and establishes a statewide network of child and family service programs and resource centers to coordinate community-based services for screening, assessment, and referrals for behavioral health and medical services, mentoring, family and parent support, and after-school opportunities. S.B. 2410/Act No. 240-2012, signed into law August 7, 2012; effective November 5, 2012.
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Local and Statewide Collaborations Working to Reform the Juvenile Justice System Presentation, Lael Chester (MA), Betsy Clarke (IL), and Liz Kooy (IL)
Tags: Illinois | Massachusetts | General System Reform | Presentations
Presentation by NJJN's Massachusetts and Illinois members on general reform considerations.
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Massachusetts Court Finds Interrogation of Youth to Be Overly Harsh, Miranda Rights Violated, Commonwealth v. Nga Truong, 28 Mass. L. Rep. 223; 2011 Mass. Super. LEXIS 61. February 25, 2011, Decided
Tags: Massachusetts | Juvenile Defense and Court Process | Court Decisions and Related Documents
A Massachusetts court found that an hours-long, aggressive interrogation of a sixteen-year-old girl violated her rights, and that her confession was involuntary. The court held that the girl was subject to a custodial interrogation without being properly advised of her Miranda rights, and without making a knowing, intelligent, and voluntary waiver of those rights. The court also found that the girl was not provided with an opportunity for meaningful consultation with her mother or an attorney about her rights, as required by Massachusetts’ “interested adult” rule.
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Massachusetts Supreme Judicial Court Upholds Homeless Youth’s Expectation of Privacy, Commonwealth v. Porter P., 2010
Tags: Massachusetts | Confidentiality | Court Decisions and Related Documents
The Massachusetts Supreme Judicial Court found that the warrantless search of a youth’s room at a shelter for homeless families, and the seizure of his firearm, violated the Fourth Amendment to the United States Constitution and Massachusetts law. The court further found that the youth’s statement to the police regarding the firearm should be suppressed as “fruit of the poisonous tree” of the illegal search and seizure.
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First, Do No Harm: How Educators and Police Can Work Together More Effectively to Preserve School Safety and Protect Vulnerable Students, Johanna Wald and Lisa Thurau, Charles Hamilton Houston Institute for Race and Justice
Tags: Massachusetts | School-to-Prison Pipeline | Reports
Report examining the impact of school resource officers on the alarming increases in arrests and juvenile referrals in Massachusetts.
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Memorandum on Restraints in Juvenile Court, Administrative Office of the Juvenile Court, Commonwealth of Massachusetts
Tags: Massachusetts | Juvenile Defense and Court Process | Administrative/Regulatory Policies
Memorandum citing a new change in policy in Massachusetts that restraints are not to be used on juveniles in the courtroom unless there is an indication that the juvenile will try to escape, hurt themselves, or hurt others.
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Massachusetts Reduces Use of Restraints on Youth in the Courtroom, Trial Court of the Commonwealth Court Officer Policy and Procedures Manual, Chapter 4, Courtroom Procedures, Section VI, Juvenile Court Sessions
Tags: Massachusetts | Juvenile Defense and Court Process | Court Decisions and Related Documents
The policy and procedure creates a presumption that restraints will be removed from youth while appearing in a courtroom before a justice of the juvenile court unless there is an order and specific finding that restraints are necessary. A justice may order the use of restraints if he or she finds that there is reason to believe that the youth may try to escape, or that the youth may pose a threat to his or her own safety or to the safety of other people in the courtroom, or if it is reasonably necessary to maintain order in the courtroom.
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Until They Die a Natural Death: Youth Sentenced to Life Without Parole in Massachusetts, Children's Law Center of Massachusetts
Tags: Massachusetts | Life Without Parole and Parole Issues | Reports
Report on Massachusetts youth sentenced to life without the possibility of parole.
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Massachusetts Supreme Judicial Court Strikes Down Criminal Provisions of Municipal Curfew for Children Under 17, Commonwealth v. Weston W., 455 Mass. 24 (2009)
Tags: Massachusetts | Status Offenses | Court Decisions and Related Documents
The Massachusetts Supreme Judicial Court invalidated the criminal provisions of a juvenile curfew ordinance from the City of Lowell, holding that the ordinance violated the constitutional rights of minors. The court found that the curfew ordinance violated the fundamental right of freedom of movement and the equal protection clause because it treated people differently based on their age. The court also found that the criminal sanctions contradicted well-established goals of rehabilitating, not incarcerating, youth offenders, stating that the “criminal prosecution of a minor, with its potential for commitment to DYS, is an extraordinary and unnecessary response to what is essentially a status offense and is contrary to the State’s treatment of similar conduct.”
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Kenniston v. Department of Youth Services, Massachusetts Supreme Judicial Court Opinion, SJC-10270
Tags: Massachusetts | Youth in the Adult System | Court Decisions and Related Documents
Massachusetts Supreme Judicial Court ruling that a state law that allows the Department of Youth Services to extend commitments from age 18 to age 21 (and even to have the individuals transferred to adult prisons) is unconstitutional.
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Massachusetts Supreme Judicial Court Finds State “Extension Law” Unconstitutional, Kenniston v. Department of Youth Services, 453 Mass. 179 (2009)
Tags: Massachusetts | Youth in the Adult System | Court Decisions and Related Documents
The Massachusetts Supreme Judicial Court ruled that a state law allowing the Department of Youth Services to extend commitments from age 18 to age 21—and even to have the individuals transferred to adult prisons—is unconstitutional. The three individuals who challenged the law had received extended commitments on the basis that they were “physically dangerous to the public.” The court held that the term “physically dangerous” is unconstitutionally vague and that the law violated substantive due process because it permitted extended detention based solely on dangerousness, without any link to a mental condition that might keep the individuals from controlling their behavior.
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Locking Up Our Children: The Secure Detention of Massachusetts Youth After Arraignment and Before Detention, Robin L. Dahlberg, American Civil Liberties Union
Tags: Massachusetts | Racial and Ethnic Disparities | Reports
Report documenting the use of detention by Massachusetts judges to frighten youth never convicted of wrongdoing. The report also addresses the woeful lack of placement availability in the state's child welfare and mental health systems that leave detention as the only viable option for youth who cannot be safely returned to their homes.
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Massachusetts Governor Creates Independent Office of the Child Advocate, Massachusetts, Executive Order 494
Tags: Massachusetts | General System Reform | Administrative/Regulatory Policies
The Office of the Child Advocate is an independent office that has oversight authority with respect to services provided to any children involved in an executive agency, including those served by the juvenile justice system.
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Do You Know Where the Children Are?, Barbara Fedders and Barbara Kaban
Tags: Massachusetts | Detention | Institutional Conditions | Reports
Report on youth held without bail in Massachusetts.
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Massachusetts Expands Drug Treatment and Prevention Programs, Massachusetts, H. 5097
Tags: Massachusetts | Prevention | Legislation
Requires the Commissioner of Public Health to allocate funding for comprehensive substance abuse treatment and prevention programs.
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Girls in the Massachusetts Juvenile Justice System, Citizens for Juvenile Justice
Tags: Massachusetts | Girls | Reports
Fact sheet describing that over the last decade, there has been a dramatic increase in the number of girls in the Massachusetts juvenile justice system. Despite an overall drop in juvenile crime, girls are the fastest growing segment of the juvenile justice population - nationally and locally.
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Disproportionate Minority Contact in Massachusetts: Failures in Assessing and Addressing the Overrepresentation of Minorities in the Massachusetts Juvenile Justice System, Robin Dahlberg, American Civil Liberties Union
Tags: Massachusetts | Racial and Ethnic Disparities | Reports
Report revealing that, for at least the last ten years, Massachusetts' youth of color have been overrepresented at every decision-making point in the Commonwealth's juvenile justice system. In 1993, youth of color represented approximately 17% of the Commonwealth's juvenile population, 29% of youth arrested, 59% of youth arraigned, and 57% of juveniles committed to secure facilities. In 2002, youth of color represented 23% of the juvenile population, 25% of youth arrested and 63% of juveniles committed to secure facilities.
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From a Parent's Perspective: A Handbook for Parents of Children Committed to the Massachusetts Department of Youth Services, Linda Smelstor, Citizens for Juvenile Justice
Tags: Massachusetts | Family and Youth Involvement | Reports
Handbook providing an overview of the information parents may need as they support their child during incarceration with the Massachusetts Department of Youth Services.