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H 1848

An Act relative to judicial discretion for probation

194th Legislature (2025-2026) Introduced by Kate Lipper-Garabedian

Expands judges' discretion in pre-trial probation, listing factors (age, health, military service, family support, employment, past crimes) to tailor decisions.

Accompanied a study order, see H5281 (under House Rule 27)
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Bill Summary · H 1848

Summary of H 1848: An Act relative to judicial discretion for probation

Overview

H 1848, introduced February 27, 2025 by Representative Kate Lipper-Garabedian (Melrose), seeks to expand and specify the factors a judge may consider when placing a defendant on probation in Massachusetts. The bill would amend Section 87 of Chapter 276 of the General Laws to add a defined set of discretionary considerations for pre-trial probation decisions. A hearing on the bill is scheduled for June 3, 2025 in Room A-2 of the Massachusetts Legislature.

Purpose and intent

  • To explicitly authorize judges to exercise discretion in placing defendants on probation.
  • To provide a structured, but potentially expansive, list of factors for consideration to tailor probation decisions to individual circumstances.

Key provisions

  • Amends Section 87 of Chapter 276 of the General Laws by adding a new paragraph granting judges discretion in probation decisions.
  • The bill enumerates specific factors a judge may consider (non-exhaustive list):
    • (i) age
    • (ii) nature of the defendant’s military service, if any
    • (iii) education
    • (iv) injuries or wounds sustained
    • (v) military discipline record, if the defendant served in the military
    • (vi) past and current medical status
    • (vii) family and medical psychological reports
    • (viii) nature of past criminal convictions, if any
    • (ix) age of previous criminal convictions, if any
    • (x) employment status
    • (xi) arrest record
    • (xii) nature of current criminal matter and, if violent, the nature and extent of any injuries to the victim and the relationship of victim to defendant
    • (xiii) availability of family and community support systems
    • (xiv) proposed probation terms
    • (xv) any other facts or circumstances having a bearing on pre-trial probation
  • The language indicates the list is intended to guide, but not constrain, judicial discretion regarding pre-trial probation.

Affected parties

  • Defendants facing probation decisions in Massachusetts criminal cases.
  • Judges in the Massachusetts Trial Courts who determine probation terms.
  • Probation departments and supervision resources could be impacted indirectly due to broader or tailored probation decisions.

Procedural and timeline aspects

  • Introduced: February 27, 2025
  • Referred to the Judiciary Committee: February 27, 2025
  • Senate concurrence noted in legislative actions
  • Hearing: Scheduled for June 3, 2025, in Room A-2 (times listed as 1:00 PM–9:00 PM; some prepublished materials show a 1:00 PM–5:00 PM window)
  • Related activity: Similar matter previously filed as House Bill No. 1634 (2023-2024); related bill indicated as HD 3412 (replaces)

Related legislation

  • HD 3412 (replaces)
  • Previous session: House No. 1634 (2023-2024)

Notes and considerations

  • The bill does not specify new funding or cost provisions; its fiscal impact would relate to how probation supervision resources are allocated under broader discretion.
  • The enumerated factors emphasize a holistic view of defendants, including military service, health, social supports, and prior criminal history, potentially affecting probation stringency and outcomes.

Compiled from official sources — confirm details with the bill’s official record.

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