SENATE DOCKET, NO. 1882 FILED ON: 1/14/2009
SENATE . . . . . . . . . . . . . . No. 81
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Steven A. Tolman
_______________
To the Honorable Senate and House of
Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act relative to the rights of children in juvenile justice sys
tems.
_______________
PETITION OF:
|
Name:
|
District/Address:
|
|
Steven A. Tolman
|
Second Suffolk and Middlesex
|
|
Kay Khan
|
11th Middlesex
|
The Commonwealth of Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act relative
to the rights of children in juvenile justice systems.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1.
Chapter 119 of the General Laws is hereby amended by inserting after section 1 the following section
:-
S
ection 1A. In recognition that substance abuse plays a significant role in the commitment of juveniles to the departments of children and families a
nd youth services and that with comprehensive screening, the needs of juveniles with substance abuse problems can be identified and appropriate care provided to them while concurrently improving community safety and reducing the costs of juvenile commitmen
ts and future adult incarcerations.
To
provide juveniles in the custody of said departments with such services as well as physical and mental health services
, the following basic and fundamental rights, to the greatest extent possible and subject to appro
priation and to available resources
, shall be afforded
:
(a)
the right to a comprehensive assessment shall be made of each juvenile’s substance use, medical and mental health, education and family issues that may be linked to his commitment;
(b)
the right to effe
ctive, evidence-based treatment services for substance abuse problems and disorders as well as medical, mental and dental issues, based on a comprehensive assessment provided by trained professionals;
(c)
the right to a public education, including special ed
ucation if needed, that meets criteria as established by the department of education;
(d)
the right to services to improve family and social functioning;
(e)
the right to the least restrictive means appropriate to such juvenile’s needs;
(f)
the right to be provide
d with appropriate aftercare to support successful reentry into the community with a continuity of care from placement through release;
(g)
the right to have all court and departmental decisions made without regard to religion, race, national origin, ethnicit
y, gender or sexual orientation;
(h)
the right to be housed in safe, dedicated juvenile facilities, to be free from any form of abuse, including protection from disproportionate means and the use of force;
(i)
the right to free, competent counsel at all stages o
f proceedings;
(j)
the right to appropriate safeguards against self-incrimination, including the vesting in th
e juvenile of a privilege for an
y statement by the juvenile given in furtherance of treatment or assessment for treatment;
(k)
the right to have the effe
ctiveness of assessments and treatment provided tracked and evaluated over time to ensure that the means employed are scientifically supported and improved;
and
(l)
the right to have cases processed fairly and quickly.
Nothing in this section shall abridge or
abrogate any other recognized rights, entitlements or privileges provided by the General Laws.
