▸Intro / Preamble
Chapter 119 of the General Laws is hereby amended by inserting after section 58B the following section:-
▸SECTION 58C
Global positioning system device worn by juveniles
(a) If electronic monitoring is ordered by a judge for a period greater than 30 days, the court shall hold a hearing every 30 days, unless waived by the juvenile, to ensure that the juvenile does not remain on electronic monitoring for an unreasonable length of time. In determining whether a length of time is unreasonable, the court shall consider whether there are less restrictive conditions that would achieve the purpose of the bail statute and the rehabilitative purpose of the juvenile court. If less restrictive conditions are warranted, the court shall order removal of the global positioning system device or modify the terms of the electronic monitoring order to achieve the less restrictive alternative.
(b) A juvenile shall be entitled to have one day credited against the juvenile’s maximum term of confinement for each day, or fraction thereof, that the juvenile is subject to electronic monitoring by court order to wear a global positioning system device, or any comparable device.
(c) The juvenile court department shall collect data regarding the use of electronic monitoring of juveniles and shall report statistical data annually by December 31st to the governor, the house and senate chairs of the joint committee on the judiciary, the house and senate chairs of the joint committee on public safety and homeland security, the house and senate chairs of the committee on children, families and persons with disabilities, the chief justice of the supreme judicial court and the chief justice of the trial court. The report, which shall be made public pursuant to reporting recommendations of the Juvenile Justice Policy and Data Board as required by section 89 of chapter 119, shall include the annual number of juveniles subject to electronic monitoring, including all of the following information for each juvenile:
(1) The total number of days in a calendar year that the juvenile was subject to electronic monitoring.
(2) The total number of days in a calendar year that the juvenile was detained for a violation of a term of the juvenile’s electronic monitoring order not amounting to a new violation of law.
(3) The categorical reason the juvenile placed on electronic monitoring:
(i) A new violation of law;
(ii) A violation of a court order not amounting to a new violation of law; or
(iii) A reason not covered by subparagraph (i) or (ii).
(4) The case status of the juvenile (indicating whether the youth is placed on electric monitoring pretrial or post adjudication.
(5) Whether the juvenile’s electronic monitoring order included a home confinement order, exclusionary zones, or any other restrictions limiting the juvenile’s liberty to a time or place.
(6) All of the information described in paragraphs (1) to (5), inclusive, shall be provided in such a way as to allow cross tabulated analysis by demographic subgroups including, at a minimum, age at the time of offense, sex/gender, gender identity and expression, racial or ethnicity category, sexual orientation, charge type and level, geographic location such as county or court location, with consideration of the juveniles’ self-reporting of such categories based on data reporting standards issued by the Juvenile Justice Policy and Data Board as required by section 89 of chapter 119. cross-referenced with information about the age, gender, ethnicity, and offense of the juveniles subject to these court actions.
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Chapter 119 of the General Laws is hereby amended by inserting after section 58B the following section:-
Section 58C Global positioning system device worn by juveniles
(a) If electronic monitoring is ordered by a judge for a period greater than 30 days, the court shall hold a hearing every 30 days, unless waived by the juvenile, to ensure that the juvenile does not remain on electronic monitoring for an unreasonable length of time. In determining whether a length of time is unreasonable, the court shall consider whether there are less restrictive conditions that would achieve the purpose of the bail statute and the rehabilitative purpose of the juvenile court. If less restrictive conditions are warranted, the court shall order removal of the global positioning system device or modify the terms of the electronic monitoring order to achieve the less restrictive alternative.
(b) A juvenile shall be entitled to have one day credited against the juvenile’s maximum term of confinement for each day, or fraction thereof, that the juvenile is subject to electronic monitoring by court order to wear a global positioning system device, or any comparable device.
(c) The juvenile court department shall collect data regarding the use of electronic monitoring of juveniles and shall report statistical data annually by December 31st to the governor, the house and senate chairs of the joint committee on the judiciary, the house and senate chairs of the joint committee on public safety and homeland security, the house and senate chairs of the committee on children, families and persons with disabilities, the chief justice of the supreme judicial court and the chief justice of the trial court. The report, which shall be made public pursuant to reporting recommendations of the Juvenile Justice Policy and Data Board as required by section 89 of chapter 119, shall include the annual number of juveniles subject to electronic monitoring, including all of the following information for each juvenile:
(1) The total number of days in a calendar year that the juvenile was subject to electronic monitoring.
(2) The total number of days in a calendar year that the juvenile was detained for a violation of a term of the juvenile’s electronic monitoring order not amounting to a new violation of law.
(3) The categorical reason the juvenile placed on electronic monitoring:
(i) A new violation of law;
(ii) A violation of a court order not amounting to a new violation of law; or
(iii) A reason not covered by subparagraph (i) or (ii).
(4) The case status of the juvenile (indicating whether the youth is placed on electric monitoring pretrial or post adjudication.
(5) Whether the juvenile’s electronic monitoring order included a home confinement order, exclusionary zones, or any other restrictions limiting the juvenile’s liberty to a time or place.
(6) All of the information described in paragraphs (1) to (5), inclusive, shall be provided in such a way as to allow cross tabulated analysis by demographic subgroups including, at a minimum, age at the time of offense, sex/gender, gender identity and expression, racial or ethnicity category, sexual orientation, charge type and level, geographic location such as county or court location, with consideration of the juveniles’ self-reporting of such categories based on data reporting standards issued by the Juvenile Justice Policy and Data Board as required by section 89 of chapter 119. cross-referenced with information about the age, gender, ethnicity, and offense of the juveniles subject to these court actions.