Massachusetts HD 2274: An Act relative to judicial discretion for probation

Bill Text

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HOUSE DOCKET, NO. 2274        FILED ON: 1/19/2023 
HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1634 
 
The Commonwealth of Massachusetts 
_________________ 
PRESENTED BY: 
Kate Lipper-Garabedian 
_________________ 
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 relative to judicial discretion for probation. 
_______________ 
PETITION OF: 
 
NAME: DISTRICT/ADDRESS: DATE ADDED: 
Kate Lipper-Garabedian 32nd Middlesex 1/19/2023 
Jason M. Lewis Fifth Middlesex 2/7/2023 

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HOUSE DOCKET, NO. 2274        FILED ON: 1/19/2023 
HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1634 
By Representative Lipper-Garabedian of Melrose, a petition (accompanied by bill, House, No. 
1634) of Kate Lipper-Garabedian and Jason M. Lewis relative to judicial discretion for 
probation.  The Judiciary. 
 
[SIMILAR MATTER FILED IN PREVIOUS SESSION 
SEE HOUSE, NO. 1748 OF 2021-2022.] 
 
The Commonwealth of Massachusetts 
 
_______________
 
In the One Hundred and Ninety-Third General Court 
(2023-2024) 
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An Act relative to judicial discretion for probation. 
 
 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 87 of chapter 276 of the General Laws is hereby amended by 
2adding the following paragraph:- 
3 “A judge may exercise discretion in placing a defendant on probation and consider the 
4following: 
5 (i) age; 
6 (ii) nature of the defendant’s military service, if any; 
7 (iii) education; 
8 (iv) injuries or wounds sustained; 

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9 (v) military discipline record, if the defendant served in the military; 
10 (vi) past and current medical status; 
11 (vii) family and medical psychological reports; 
12 (viii) nature of past criminal convictions, if any; 
13 (ix) age of previous criminal convictions, if any;  
14 (x) employment status; 
15 (xi) arrest record; 
16 (xii) nature of current criminal matter and, if violent, the nature and extent of any injuries 
17to the victim and the relationship of victim to defendant; 
18 (xiii) the availability of family and community support systems;  
19 (xiv) the proposed probation terms; and 
20 (xv) any other facts or circumstances having a bearing on pre-trial probation."