Bill
S 1256
The act creates a Massachusetts Survivors Act pathway allowing survivors to seek pretrial diversion, reduced sentences, or postconviction relief when offenses relate to trauma.
Status: Introduced (Referred to Finance). Filed Jan 14, 2025; introduced April 2, 2025. Presented in the Massachusetts Senate by Michael F. Rush.
Note: Metadata in the file contains some inconsistent entries (committee referrals, federal sponsor names, and a truncated PDF). This summary is based on the bill text contained in the filing, which establishes a new statutory framework in Chapter 263 for relief for criminal defendants who are survivors of abuse, sexual assault, PTSD, or human trafficking.
Purpose
- To create a statutory mechanism allowing defendants who are survivors of abuse, sexual assault, post‑traumatic stress disorder (PTSD), or human trafficking to seek pretrial diversion, reduced sentence, or post‑conviction relief when the alleged offense is related to those experiences.
Key provisions
- New sections added to Chapter 263 (Sections 10 and 10A) establishing the “Massachusetts Survivors Act.”
- Definitions: sets definitions for “survivor,” “abuse” (referring to G.L. c.209A), “sexual assault,” “posttraumatic stress disorder,” “human trafficking,” “family or household members,” and “documentary evidence.”
- Eligibility standard: a defendant may move for relief upon showing a “prima facie” (described as a “substantial likelihood”) that they are a survivor and that the alleged offense was related to their survivor experience.
- Evidence allowed: documentary corroboration (court records, medical or social services records, texts, photos, videos, sworn statements, law enforcement or jail records, protective orders, etc.), expert testimony (mental health professionals diagnosing PTSD related to the trauma), testimony by the petitioner and other witnesses, and other relevant evidence.
- Pretrial diversion (Section 10A): permits courts to suspend criminal/delinquency proceedings without a guilty plea for a diversion period of not less than 3 months and not more than 24 months. Motions for diversion must include the survivor statement and a plan for the diversion period (programs, services, restorative justice, employment, community service).
- Court procedures: the court must issue a written order with findings of fact and reasons on eligibility and sentencing. If a diversion motion is filed, pretrial hearings are stayed until the court decides the motion (per the bill language).
- Confidentiality for prosecution: evidence presented in motions or hearings under the Act may not be used for prosecution.
- Appeals: eligibility or sentence determinations under the Act are appealable as of right; counsel must be appointed on request for appellants.
- Reporting: the Attorney General must collect data on motions filed under the Act and produce an annual report to the Joint Committee on the Judiciary (by Dec. 31 each year) including: number of motions filed/granted, sentencing requests and outcomes, county, and demographic data (race/ethnicity, gender/gender identity), among other items specified.
Who is affected
- Defendants (adults and children) charged with crimes or adjudicated delinquent whose alleged criminal conduct is connected to experiences of abuse, sexual assault, PTSD, or human trafficking.
- Courts, prosecutors, public defenders, probation, corrections, and service providers (mental health, social services, trauma advocates) who may participate in diversion plans or provide evidence/expertise.
- The Attorney General’s office (data collection and reporting responsibilities).
Procedural/timeline highlights
- Motion may be filed any time after charge or delinquency adjudication.
- Pretrial diversion period range: 3–24 months.
- Annual AG reporting deadline: December 31 (yearly).
- Court must issue written findings on eligibility and sentence; decisions are immediately appealable as of right.
Potential impact
- Creates an explicit pathway in Massachusetts law for trauma‑informed mitigation (diversion, reduced sentences, postconviction relief) tied to survivor status.
- Encourages use of rehabilitative services and restorative approaches where offenses are trauma‑related.
- Introduces protections to prevent evidence submitted in survivor‑relief proceedings from being used for criminal prosecution.
- Establishes statewide data collection to monitor use, outcomes, and disparities.
Limitations / Notes
- The published bill text is truncated in parts (Section 10A text is incomplete in the provided file). Final bill details may elaborate procedural safeguards, standards for diversion plans, or other implementation rules.
- Some provided legislative-action and sponsor metadata appear inconsistent with the bill text and the Massachusetts origin; this summary focuses strictly on the statute text contained in the filing.
Compiled from official sources — confirm details with the bill’s official record.
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