Massachusetts H 3358: An Act to reduce mass incarceration

Bill Text

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HOUSE DOCKET, NO. 154 FILED ON: 1/8/2019
HOUSE . . . . . . . . . . . . . . . No. 3358

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Jay D. Livingstone
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to reduce mass incarceration.
_______________
PETITION OF:

NAME: DISTRICT/ADDRESS: DATE ADDED:
Jay D. Livingstone 8th Suffolk 1/8/2019
Ruth B. Balser 12th Middlesex 1/31/2019
Christine P. Barber 34th Middlesex 1/29/2019
Mike Connolly 26th Middlesex 1/30/2019
Daniel R. Cullinane 12th Suffolk 1/31/2019
Marjorie C. Decker 25th Middlesex 1/31/2019
Marcos A. Devers 16th Essex 1/27/2019
Mindy Domb 3rd Hampshire 1/30/2019
Nika C. Elugardo 15th Suffolk 1/31/2019
Carlos González 10th Hampden 1/22/2019
James K. Hawkins 2nd Bristol 2/1/2019
Jonathan Hecht 29th Middlesex 2/1/2019
Natalie M. Higgins 4th Worcester 2/1/2019
Russell E. Holmes 6th Suffolk 2/1/2019
Daniel J. Hunt 13th Suffolk 1/30/2019
Patricia D. Jehlen Second Middlesex 1/31/2019
Mary S. Keefe 15th Worcester 1/28/2019
Kay Khan 11th Middlesex 1/29/2019

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Jack Patrick Lewis 7th Middlesex 2/1/2019
Adrian C. Madaro 1st Suffolk 2/1/2019
Elizabeth A. Malia 11th Suffolk 1/25/2019
Liz Miranda 5th Suffolk 1/30/2019
Tram T. Nguyen 18th Essex 1/29/2019
Denise Provost 27th Middlesex 1/31/2019
Rebecca L. Rausch Norfolk, Bristol and Middlesex 2/1/2019
David M. Rogers 24th Middlesex 1/30/2019
Lindsay N. Sabadosa 1st Hampshire 1/29/2019
Bud L. Williams 11th Hampden 1/23/2019

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HOUSE DOCKET, NO. 154 FILED ON: 1/8/2019
HOUSE . . . . . . . . . . . . . . . No. 3358
By Mr. Livingstone of Boston, a petition (accompanied by bill, House, No. 3358) of Jay D.
Livingstone and others relative to mass incarceration. The Judiciary.

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninety-First General Court
(2019-2020)
_______________

An Act to reduce mass incarceration.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 SECTION 1. Section 133A of chapter 127 of the General Laws as it appears in the 2014
2 Official Edition, is hereby amended by striking, in the first sentence of the first paragraph, the
3 phrases: “except prisoners confined to the hospital at the Massachusetts Correctional Institution,
4 Bridgewater, except prisoners serving a life sentence for murder in the first degree who had
5 attained the age of 18 years at the time of the murder and except prisoners serving more than 1
6 life sentence arising out of separate and distinct incidents that occurred at different times, where
7 the second offense occurred subsequent to the first conviction,”; and by inserting in the first
8 paragraph after the phrase “of the minimum term fixed by the court under section 24 of chapter
9 279.” the following sentence:- Provided, however, that in the case of a prisoner serving more
10 than 1 life sentence arising out of separate and distinct incidents that occurred at different times,
11 where the second offense occurred subsequent to the first conviction, such prisoner shall be
12 eligible for parole 25 years after the start of the second or most recent sentence.

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13 SECTION 2. Amend Section 133C of chapter 127 of the General Laws at it appears in
14 the 2014 Official Edition, is hereby amended by striking, in the first paragraph, the phrase:
15 “except prisoners serving a life sentence for murder in the first degree who had attained the age
16 of 18 years at the time of the murder and prisoners confined to the hospital at the Massachusetts
17 Correctional Institution, Bridgewater.”.
18 SECTION 3. Subsection (a) of section 2 of chapter 265 of the General Laws as it appears
19 in the 2014 Official Edition, is hereby amended by striking the phrase: “not be eligible for parole
20 pursuant to section 133A of Chapter 127.”, and inserting in place thereof the phrase:- shall be
21 eligible for parole after a term of years fixed by the court pursuant to section 24 of chapter 279.
22 SECTION 4. Amend subsection (b) of section 2 of Chapter 265 of the General Laws as it
23 appears in the 2014 Official Edition, by inserting in the fourth line, after the words “term of
24 years” :- but no more than 25 years, as.
25 SECTION 5. Section 24 of chapter 279 of the General Laws as it appears in the 2014
26 Official Edition, is hereby amended by striking, in the first paragraph, the phrase: “which shall
27 be not less than 15 years nor more than 25 years,” and insert in place thereof the phrase:- of 15
28 years; and by striking out the second paragraph in its entirety and inserting in place thereof the
29 following paragraph:-
30 In the case of a sentence to life imprisonment for murder in the first degree, the court
31 shall fix a minimum term of 25 years; pr