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S 1131

Directs the department of taxation and finance to establish a pilot program for implementation of local land value taxation

2025 Regular Session Introduced by Rachel May

Limits juvenile fines and fees; restitution based on ability to pay, bans punishment for nonpayment, requires hearings, and prevents confinement for unpaid juvenile fees.

PRINT NUMBER 1131A
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WeVote Research Nonpartisan
Bill Summary · S 1131

Summary — S.1131: "An Act relative to juvenile fees, fines, and restitution"

Note: The materials provided include multiple, jurisdictionally distinct documents (including an unrelated Idaho Department of Insurance appropriation). This summary focuses on the Massachusetts Senate Bill No. 1131 titled “An Act relative to juvenile fees, fines, and restitution,” as reflected in the bill text and docket materials.

Purpose / Intent

S.1131 is designed to limit or eliminate monetary penalties and related enforcement actions arising from offenses committed while a person was a juvenile. The bill shifts juvenile justice practice away from automatic fines/fees and strict collection-based sanctions, toward discretionary restitution tied to a youth’s ability to pay and protections against incarceration or probation sanctioning based solely on non‑payment.

Key provisions (by section)

  • Section 1: Amends Section 178Q (Chapter 6) to exempt persons who committed offenses while under the age of criminal majority from certain specified obligations (language inserted after “upon every sex offender”).
  • Section 2: Strikes Section 29A of Chapter 119 (removes an existing statutory provision; full text not shown).
  • Section 3: Removes a statutory fine ($200–$300) that applied to a parent/guardian summoned for a child’s property-destruction delinquency hearing.
  • Section 4: Amends Section 58B (Chapter 119) — inserts that restitution is “subject to a determination of the youth's ability to pay,” and removes language authorizing fines and certain enforcement steps (arrest/commitment) for nonpayment.
  • Section 5: Adds new Section 58C (Chapter 119): “no fine or fee shall apply to any person based on an offense committed while under the age of criminal majority or the person’s parent, guardian, or legal custodian.”
  • Section 6: Amends Section 59 — a warrant may not issue solely for nonpayment of fines or fees.
  • Section 7: Substantially revises Section 62 — makes restitution discretionary (no mandatory restitution); requires a restitution hearing to determine youth’s ability to pay; limits restitution to amounts youth can pay; prohibits extending/revoking probation solely for nonpayment; creates a legal presumption of inability to pay that can be rebutted only if youth: (1) has income ≥ 250% of federal poverty level (independent of family income), (2) is not detained, and (3) is not receiving needs‑tested benefits. Provides process to modify restitution orders.
  • Sections 8–13+: Further amend statutes to (a) clarify “age of criminal majority” as the relevant threshold where appropriate, (b) prohibit commitment to confinement solely for nonpayment of juvenile‑period monetary obligations, and (c) eliminate appointment‑of‑counsel fees for those accused of offenses committed while under the age of criminal majority. (Some text in later sections is truncated in the provided file; one section appears to remove a $45 assessment for certain adjudicated youths.)

Who is affected

  • Youths adjudicated for offenses committed while under the age of criminal majority (and their parents/guardians) — primary beneficiaries of fee/fine protections.
  • Courts, probation officers, and juvenile justice administrators — will need to hold ability‑to‑pay hearings and adjust enforcement practices.
  • Victims — restitution remains possible but limited by ability-to-pay determinations and discretionary ordering.
  • Municipal and state agencies that collect juvenile fines/fees — likely to see reduced fee revenue and changes in collection/enforcement workload.

Procedural status & timeline

  • Filed in the Massachusetts Senate (docketed 01/17/2025 as Senate Docket No. 2342 / Senate Bill No. 1131).
  • Referred to the Judiciary committee. Hearing(s) are scheduled (materials include hearings on 06/10/2025; confirm current docket).
  • Bill text notes similar matter filed previously (S.1005 in 2023–2024).

Fiscal and implementation considerations

  • No fiscal note for the juvenile bill was included in the provided materials. Likely impacts include:
    • Reduced revenue from juvenile fines/fees for municipalities and the Commonwealth;
    • Administrative costs/time for courts to conduct ability‑to‑pay hearings and process restitution‑modification motions;
    • Potential downstream effects on victim restitution recovery rates.
  • Exact fiscal effect would depend on baseline collections and implementation choices; recommend a formal fiscal/legal impact analysis.

Notes / Recommendation

  • The provided package mixes materials from different jurisdictions (Idaho appropriations text appears unrelated). Confirm the correct jurisdiction/version before relying on the attachments.
  • The bill text supplied is partially truncated in later sections; consult the final engrossed bill for complete language and cross‑references before preparing implementation or fiscal estimates.

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

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