▸SECTION 1
This Act shall take effect ten calendar days after it is signed by the Governor.
▸SECTION 52
of chapter 119 of the General Laws, is hereby amended by adding the following new definition:
“Transformational Youth” shall mean a person who received a life sentence after being convicted of first- or second-degree murder and who was at least 14 years of age but younger than 21 years of age at the time of commission of the offense.
In addition, “Transformational Youth” shall mean a person who received a life sentence after being convicted of manslaughter while violating the provisions of sections 102 to 102c, inclusive, of chapter 266, and who was at least 14 years of age but younger than 21 years of age at the time of commission of the offense.
This definition shall apply retroactively to include a person who received a life sentence for the offenses described above and was at least 14 years of age but younger than 21 years of age at the time of commission of the offense and who committed the offense prior to the effective date of this Act.
▸SECTION 52
of chapter 119 of the General Laws, is hereby amended by adding to the definition of “youthful offender” after the word “nineteen”, the following:
… ; and provided that the definition of “youthful offender” shall exclude any individual defined as a “Transformational Youth.”
▸SECTION 4
A new section 133G of chapter 127 of the General Laws, shall be added as follows:
(a) Once a Transformational Youth has lived on parole for three years without violating the law, the Parole Board shall issue a certificate of termination of sentence to said Transformational Youth pursuant to MGL c. 127, § 130A within 30 calendar days of the end of said three years on parole.
(b) Within five calendar days of the date on which a Transformational Youth has lived on parole for three years without violating the law, the individual Transformational Youth’s parole officer shall submit a notice of impending parole termination to the Board’s Office of the General Counsel notifying the Office of the General Counsel that the individual Transformational Youth lived on parole for three years without violating the law.
(c) Within five calendar days of the date of receipt by the Office of the General Counsel of the parole officer’s notice of impending termination of parole for the individual Transformational Youth, the Office of the General Counsel shall provide a notice of impending termination of parole to the Parole Board for review and vote.
(d) Within ten calendar days of the date of receipt by the Parole Board of the notice of impending termination of the individual Transformational Youth’s parole, the Parole Board shall vote in open session to issue a Certificate of Termination to the individual Transformational Youth pursuant to MGL c. 127, § 130A.
(e) Within five calendar days of the Board’s vote to grant a Certificate of Termination to an individual Transformational Youth, the Board shall furnish a copy of the Certificate of Termination to the individual Transformational Youth.
(f) Within five calendar days of the Board’s vote to grant a Certificate of Termination to the individual Transformational Youth, the Board shall furnish a copy of the Certificate of Termination to the Commissioner of Correction and the judge who pronounced sentence, in accordance with the terms of M.G.L. c. 127, § 130A. In the event the judge who pronounced sentence is retired or deceased, a copy of the Certificate of Termination shall be forwarded to the Regional Administrative Justice of the Superior Court for the County in which the Transformational Youth was sentenced.
(g) Within five calendar days of the Board’s vote to grant a Certificate of Termination to the individual Transformational Youth, the Board shall furnish a copy of the Certificate of Termination to all certified CORI petitioners and victims as enumerated in M.G.L. c. 6, § 178A and M.G.L. c. 258B, § 1.
(h) If an individual Transformational Youth has served more than three years on parole without violating the law as of the effective date of this Act, the individual Transformational Youth’s parole officer shall, within 30 days of the effective date of this Act, submit a notice of impending parole termination to the Office of the General Counsel notifying the Office of the General Counsel that the individual Transformational Youth lived on parole for more than three years. Within 15 calendar days of receipt of said notice by the Office of the General Counsel, the Office of the General Counsel shall provide a notice of impending termination of parole to the Parole Board for review and vote. Within 15 calendar days of the Board’s receipt of said notice, the Board shall vote in open session to issue a Certificate of Termination to the individual Transformational Youth.
(i) Notification to all parties and individuals regarding the issuance, pursuant to subsection (h) above, of a Certificate of Termination to a Transformational Youth, including to the subject Transformational Youth, shall be in accordance with subsections (e), (f), and (g) above.
(j) If an individual Transformational Youth is already on parole on the effective date of this Act, and has lived less than three years on parole on the effective date of this Act, the time that said individual Transformational Youth has lived on parole on the effective date of this Act shall be counted as constituting time lived on parole for purposes of termination of parole. The Board shall issue a Certificate of Termination of sentence to said Transformational Youth pursuant to MGL c. 127, § 130A, and notify all parties and individuals of the Certificate of Termination of sentence, after the Transformational Youth has lived for three years on parole, in accordance with subsections (b) through (g) above.
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SECTION 1
This Act shall take effect ten calendar days after it is signed by the Governor.
SECTION 2
Section 52 of chapter 119 of the General Laws, is hereby amended by adding the following new definition:
“Transformational Youth” shall mean a person who received a life sentence after being convicted of first- or second-degree murder and who was at least 14 years of age but younger than 21 years of age at the time of commission of the offense.
In addition, “Transformational Youth” shall mean a person who received a life sentence after being convicted of manslaughter while violating the provisions of sections 102 to 102c, inclusive, of chapter 266, and who was at least 14 years of age but younger than 21 years of age at the time of commission of the offense.
This definition shall apply retroactively to include a person who received a life sentence for the offenses described above and was at least 14 years of age but younger than 21 years of age at the time of commission of the offense and who committed the offense prior to the effective date of this Act.
SECTION 3
Section 52 of chapter 119 of the General Laws, is hereby amended by adding to the definition of “youthful offender” after the word “nineteen”, the following:
… ; and provided that the definition of “youthful offender” shall exclude any individual defined as a “Transformational Youth.”
SECTION 4
A new section 133G of chapter 127 of the General Laws, shall be added as follows:
(a) Once a Transformational Youth has lived on parole for three years without violating the law, the Parole Board shall issue a certificate of termination of sentence to said Transformational Youth pursuant to MGL c. 127, § 130A within 30 calendar days of the end of said three years on parole.
(b) Within five calendar days of the date on which a Transformational Youth has lived on parole for three years without violating the law, the individual Transformational Youth’s parole officer shall submit a notice of impending parole termination to the Board’s Office of the General Counsel notifying the Office of the General Counsel that the individual Transformational Youth lived on parole for three years without violating the law.
(c) Within five calendar days of the date of receipt by the Office of the General Counsel of the parole officer’s notice of impending termination of parole for the individual Transformational Youth, the Office of the General Counsel shall provide a notice of impending termination of parole to the Parole Board for review and vote.
(d) Within ten calendar days of the date of receipt by the Parole Board of the notice of impending termination of the individual Transformational Youth’s parole, the Parole Board shall vote in open session to issue a Certificate of Termination to the individual Transformational Youth pursuant to MGL c. 127, § 130A.
(e) Within five calendar days of the Board’s vote to grant a Certificate of Termination to an individual Transformational Youth, the Board shall furnish a copy of the Certificate of Termination to the individual Transformational Youth.
(f) Within five calendar days of the Board’s vote to grant a Certificate of Termination to the individual Transformational Youth, the Board shall furnish a copy of the Certificate of Termination to the Commissioner of Correction and the judge who pronounced sentence, in accordance with the terms of M.G.L. c. 127, § 130A. In the event the judge who pronounced sentence is retired or deceased, a copy of the Certificate of Termination shall be forwarded to the Regional Administrative Justice of the Superior Court for the County in which the Transformational Youth was sentenced.
(g) Within five calendar days of the Board’s vote to grant a Certificate of Termination to the individual Transformational Youth, the Board shall furnish a copy of the Certificate of Termination to all certified CORI petitioners and victims as enumerated in M.G.L. c. 6, § 178A and M.G.L. c. 258B, § 1.
(h) If an individual Transformational Youth has served more than three years on parole without violating the law as of the effective date of this Act, the individual Transformational Youth’s parole officer shall, within 30 days of the effective date of this Act, submit a notice of impending parole termination to the Office of the General Counsel notifying the Office of the General Counsel that the individual Transformational Youth lived on parole for more than three years. Within 15 calendar days of receipt of said notice by the Office of the General Counsel, the Office of the General Counsel shall provide a notice of impending termination of parole to the Parole Board for review and vote. Within 15 calendar days of the Board’s receipt of said notice, the Board shall vote in open session to issue a Certificate of Termination to the individual Transformational Youth.
(i) Notification to all parties and individuals regarding the issuance, pursuant to subsection (h) above, of a Certificate of Termination to a Transformational Youth, including to the subject Transformational Youth, shall be in accordance with subsections (e), (f), and (g) above.
(j) If an individual Transformational Youth is already on parole on the effective date of this Act, and has lived less than three years on parole on the effective date of this Act, the time that said individual Transformational Youth has lived on parole on the effective date of this Act shall be counted as constituting time lived on parole for purposes of termination of parole. The Board shall issue a Certificate of Termination of sentence to said Transformational Youth pursuant to MGL c. 127, § 130A, and notify all parties and individuals of the Certificate of Termination of sentence, after the Transformational Youth has lived for three years on parole, in accordance with subsections (b) through (g) above.