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H 2029

An Act to eliminate standard conditions in probation

194th Legislature (2025-2026) Introduced by Andy Vargas

Eliminates standard probation conditions; requires individualized, evidence-based terms focused on rehab and public safety, with time limits and possible treatment extensions.

Accompanied a study order, see H5281 (under House Rule 27)
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Bill Summary · H 2029

Summary: H.2029 — An Act to Eliminate Standard Conditions in Probation

Overview

  • Bill number/title: H.2029, An Act to eliminate standard conditions in probation
  • Introduced: February 27, 2025
  • Status / hearings: Hearing scheduled for June 3, 2025 (various time blocks) in hearing room A-2. The bill has undergone House actions and was referred to The Judiciary. Related filings indicate it is a refile/replacement of similar prior legislation (HD 3234; previously HD 1804 in 2023-2024).
  • Sponsor: Representative Andres X. Vargas (Haverhill)
  • Jurisdiction: Commonwealth of Massachusetts

What the bill would change

Section 87A — Probation standards and conditions

  • Probation would be presumed administrative.
  • No condition of probation may be ordered unless it specifically addresses the characteristics of the individual and the crime.
  • Courts must assess whether any proposed condition would have:
    • A rehabilitative effect, and/or
    • Serve a legitimate public safety goal
    • Such assessment must be based on current research on recidivism and rehabilitation and require clear and convincing evidence.

New Section 87BB — Time limits and related rules for probation/suspension

  • Duration controls: The court would fix the period of probation or suspension of sentence, with the following maximum lengths:
    • Three years for any felony
    • One year for any misdemeanor
  • Consolidation/concurrency: For offenders serving more than one probation or suspension sentence across multiple cases, total time cannot exceed the applicable limits. If a sentence would push the aggregate beyond the limit, it would be deemed concurrent with other sentences (except for offenses committed during a period of probation/suspension).
  • Exceptions to limits:
    • For sex offenses (as defined) a longer period may be allowed if the court, on the record, determines it will reduce future offenses and best meets public safety and rehabilitative needs.
    • For restitution-focused cases, the court may set longer periods to ensure restitution collection, with longer periods still technically subject to the overall time limits unless administrative handling applies.
  • Extension for substance use treatment: The court may exceed the time limits by up to 90 days to facilitate completion of a court-ordered substance use treatment program. Each extension requires a hearing with a on-the-record finding that the extension is necessary for treatment completion.
  • Termination flexibility: The court may terminate probation before completion of treatment if appropriate.
  • Overall cap: Except as otherwise provided, the total probation/suspension period cannot exceed the maximum term specified.

Who is affected

  • Offenders on probation or under suspension of sentence: The bill would alter how long probation can last, restrict the use of standard conditions, and require more tailored, evidence-based conditions (if any) and potential extensions for treatment.
  • Courts and prosecutors: Must apply individualized conditions (or none), rely on rehabilitation/public safety evidence, and track maximum durations with potential concurrent/superseding sentences.
  • Sex offenses and restitution cases: May involve longer probation periods when warranted, subject to on-record findings.

Procedural and timeline aspects

  • The bill was introduced and referred to The Judiciary on February 27, 2025.
  • Senate concurrence was noted in the legislative actions database, with a hearing scheduled for June 3, 2025 in A-2.
  • Related filings indicate prior versions and cross-references to earlier sessions (HD 3234 replaces earlier measures; HD 1804 of 2023-2024).

Potential impact and considerations

  • Shifts the default to an individualized probation framework rather than broad standard conditions.
  • Emphasizes rehabilitation and data-driven public safety decisions, grounded in recidivism research.
  • Introduces explicit time limits on probation, with carefully defined exceptions for certain serious offenses and restitution, and allows treatment-based extensions.
  • Could affect sentence planning, probation administration, and enforcement strategies; potential policy trade-offs between rehabilitation goals and public safety, especially in cases involving sex offenses or restitution requirements.

Note: The text contains some drafting nuances (e.g., citation references for certain offenses) that may be clarified in committee amendments or the official bill version.

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

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