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HD 1351

An Act relative to juvenile restitution

194th Legislature (2025-2026) Introduced by Kim Ferguson and 3 co-sponsors

Requires courts to order and enforce restitution for juvenile offenders, making restitution a condition of release, placement, or parole, with collection tools to compensate victims.

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Bill Summary · HD 1351

Summary: An Act relative to juvenile restitution (House Docket No. 1351)

Date: Introduced in 2025-2026 session; House Docket No. 1351 (HD 1351)

At a glance

  • Purpose: To authorize and institutionalize a system of restitution for victims of juvenile offenses, making restitution a central element of juvenile accountability.
  • Core change: Adds a new Section 62A to Chapter 119 of the General Laws, requiring courts to order and enforce restitution by juvenile offenders and to treat restitution as a condition of release, placement, or parole.
  • Who is affected: Juvenile offenders found responsible for offenses; victims of those offenses; Massachusetts trial/juvenile courts responsible for enforcement.

Key Provisions

  • Insertion of Section 62A into Chapter 119:
    • The court must make reasonable efforts to ensure restitution to the victim of a juvenile offender.
    • The court shall order the juvenile to repair, replace, or otherwise make restitution for damage or loss caused by the juvenile’s wrongful act.
    • The court may impose fines, but only in limited amounts.
    • Restitution becomes a condition of release, placement, or parole for the juvenile.
    • If appropriate, the court may order restitution payments directly to the court, which will then distribute funds to the victim.
    • The court may issue collection orders necessary to collect restitution, including garnishments, wage withholdings, and executions.

Affected Parties and Impacts

  • Juvenile Offenders: Face court-ordered restitution obligations as part of sentencing/ disposition, with enforcement tools available if payments are not made.
  • Victims: Stand to receive restitution directly or via the court, improving financial recovery for losses resulting from the offense.
  • Courts: Responsible for establishing restitution orders, enforcing payment, and utilizing collection mechanisms.
  • Guardians/Parents: May be impacted indirectly as guardians of juveniles subject to restitution orders and enforcement.

Procedural and Timeline Considerations

  • Legal mechanism: Adds a new mandatory framework (Section 62A) within Chapter 119, governing restitution for juveniles.
  • Enforcement tools: Garnishments, wage withholdings, and executions are authorized to collect restitution.
  • Effective date: As a proposed bill, it would become law upon passage and signature and would take effect as specified by the act (not explicitly stated in the summary text). The bill indicates a direct path from disposition to restitution enforcement.

Practical Implications

  • Policy Goal: Strengthen accountability for juvenile offenses and ensure victims are compensated.
  • Operational Considerations: Courts will need procedures to determine reasonable restitution amounts, track payments, and coordinate with victims; enforcement provisions may require additional court resources.
  • Fiscal Considerations: Potential costs related to administration and enforcement balanced by benefits of restitution to victims (though exact fiscal impact is not specified in the text provided).

What to Watch

  • Final status and any amendments in committee reports or floor debates.
  • Any specified caps, timelines for payment, or appeal processes associated with restitution orders.
  • Whether the bill includes transitional provisions or implementation guidance for courts.

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

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