Massachusetts § 54B - Alleged delinquent children; educational diversion program

§ 54B. Alleged delinquent children; educational diversion program

Section 54B. (a) If a child is alleged to be a delinquent child by reason of a violation of section 29B, 29C or 29D of chapter 272, the court shall, prior to arraignment, indefinitely stay arraignment and direct the child to enter into and complete the educational diversion program developed under section 36 of chapter 12; provided, however, that the district attorney may object in writing to the stay of arraignment. If the district attorney so objects, the court shall consider the objection of the district attorney and shall make a determination on whether to direct the child to enter and complete the educational diversion program. The court may request that the Massachusetts probation service conduct an assessment or that the attorney general make a determination of eligibility to assist the court in making its determination.

(b) The attorney general shall submit to the court a report indicating the child's successful completion of the educational diversion program. If the court finds on its own initiative or by motion of the district attorney that the child has failed to complete the educational diversion program, the court shall bring the case forward, arraign the child and restore the delinquency complaint to the docket for further proceedings; provided,however, that the judge shall first provide an opportunity for both the district attorney and counsel for the child to be heard on any such motion.

(c) If a child is alleged to be a delinquent child by reason of a violation of section 29B, 29C or 29D of chapter 272 and arraignment has already occurred, the court shall, upon consultation with counsel for the child, place the child on pretrial probation pursuant to section 87 of chapter 276. The conditions of such probation shall include, but not be limited to, completion of the educational diversion program developed under section 36 of chapter 12. The district attorney may object in writing to pretrial probation. If the district attorney so objects, the court shall consider the objection of the district attorney and make a determination on whether to place the child on pretrial probation. The court may request that the Massachusetts probation service conduct an assessment or that the attorney general make a determination of eligibility to assist the court in making its determination.

(d) The attorney general shall submit to the court a report indicating the child's successful completion of the educational diversion program. If the court finds on its own initiative or by motion of the district attorney that the child has failed to comply with the conditions of probation, the court shall restore the delinquency complaint to the docket for trial or further proceedings.

(e) The following shall not be admissible against the child in any proceedings: (i) a decision by the child not to enter into the educational diversion program developed under section 36 of chapter 12; (ii) a district attorney's objection to a stay of arraignment or pretrial probation in order for a child to enter into such educational diversion program; (iii) an assessment by the Massachusetts probation service or a determination of eligibility by the attorney general for a child to enter into such educational diversion program; and (iv) any statement made by the child or the child's family during any assessment, determination of eligibility or hearing by the court to determine whether to divert a child to such educational diversion program. A statement or other disclosure or a record thereof made by a child during the stay of proceedings or pretrial probation shall not be disclosed at any time to a commonwealth or other law enforcement officer in connection with the investigation or prosecution of any charges against the child or a codefendant.