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S 1276

Authorizes the court to order sexual offenders on probation to terms of imprisonment which run consecutively to sentences already being served

2025 Regular Session Introduced by Patrick Gallivan

Expands dangerousness hearings to broaden pretrial detention eligibility, requires clear-and-convincing evidence, and adds annual equity data and court text reminders.

REFERRED TO CODES
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Bill Summary · S 1276

Summary — S.1276: "An Act relative to dangerousness hearings"

Status: Introduced (04/03/2025); referred to committee (Codes / Judiciary). (Senate Docket No. 787 / Senate No. 1276)

Purpose
- To revise and expand Massachusetts law governing pretrial “dangerousness” hearings, clarify standards and procedures for pretrial detention, require periodic review of prosecutorial and judicial use of dangerousness hearings for disparate impact, and add related procedural measures (including a court text‑messaging reminder system). The bill also adds/expands enforcement tools for violations of non‑financial release conditions (text truncated in provided copy).

Key provisions and changes
1. Expanded list of dangerousness‑eligible charges (amendment to Mass. Gen. Laws ch. 276, §58A(1))
- The Commonwealth may move for pretrial detention or release on conditions when a defendant is charged with specified offenses including: felonies involving use/attempted use/threatened use of physical force; burglary; arson; violations of various domestic‑abuse, protection‑order and sex‑offense provisions; certain serious drug offenses (chapter 94C with maximum penalties of 10+ years); specified motor vehicle and firearms offenses; and enumerated violent or threatening crimes and related conspiracies/solicitations.
- The bill also lists several exclusions (e.g., possession of a large‑capacity feeding device absent a large‑capacity weapon; certain animal cruelty offenses; some child sex offense language as limited) consistent with the text’s enumerated exceptions.

  1. Standard and procedure for pretrial detention (amendment to ch. 276, §58A(3))

    • A judge may order pretrial detention if, after a hearing, the judge finds by “clear and convincing evidence” that no conditions of release will reasonably assure the safety of others or the community.
    • Detained persons are to be held until disposition and brought to trial “as soon as reasonably possible” (subject to Rule 36).
    • Presumption of innocence explicitly preserved.
    • Hearings may be reopened before trial if materially new information or changed circumstances arise.

  2. Data collection and annual analysis (new reporting requirement)

    • The Secretary of Public Safety must annually analyze prosecutorial decisions to seek dangerousness hearings and judicial determinations, including whether similarly situated offenders are treated equally or whether there is disparate impact by race, gender, or ethnicity.
    • Trial courts must provide data to the Department of Criminal Justice Information Services (number/location of eligible offenses, number of hearings, outcomes, and demographic data). The analysis is to be public and delivered to the General Court.

  3. Court text‑messaging reminder system (added to ch. 276, §58)

    • Defendants (or juvenile guardians) may be asked to voluntarily provide a cell phone number for automated text reminders of mandatory court appearances; participation is free and voluntary (though a judge may order disclosure).
    • Information provided is not a public record, not to be used for criminal investigations or against the defendant in criminal proceedings; the docket may note participation/non‑participation. The subsection as drafted takes effect July 1, 2023.

  4. New §82B (partial text)

    • The bill adds a provision allowing arrest for probable cause when a person violates non‑financial release conditions imposed under various sections (pretrial release, probation, parole). The provided text is truncated; full scope and penalties are not visible in the supplied copy.

Who is affected
- Criminal defendants charged with the specified offenses; prosecutors and defense attorneys; trial courts and judges; sheriffs/correctional systems (possible change in pretrial detention population); Secretary of Public Safety and Department of Criminal Justice Information Services (data collection and reporting duties); guardians of juvenile defendants (text reminder option).

Potential impacts
- Legal: Raises the statutory standard and procedure for ordering pretrial detention for a broader set of offenses and codifies preservation of the presumption of innocence and ability to reopen hearings.
- Operational: Likely to increase use of dangerousness hearings and could increase pretrial detention rates for enumerated offenses, with attendant impacts on jail populations and trial scheduling.
- Oversight and equity: The mandated annual analysis is intended to identify disparate impacts by race, gender, or ethnicity and increase transparency of prosecutorial/judicial practices.
- Court appearance/failure‑to‑appear: Automated text reminders aim to reduce missed appearances; protections limit use of contact information.
- Unclear elements: Full effects of the new §82B (enforcement for non‑financial condition violations) cannot be assessed from the truncated text.

Procedural/timeline notes
- Introduced and referred to committee in early 2025. Multiple hearing dates are listed for June 3, 2025 (recorded in the docket). Section on text reminders specifies a July 1, 2023 effective date in the draft (retroactive language appears in the text as presented). The bill remains under committee consideration per the status provided.

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

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