The bill would allow judges to impose a life sentence but it would not be mandatory.
SPRINGFIELD - Several local defense lawyers and Hampden County’s top prosecutor all found good things within Gov. Deval Patrick’s proposed legislation that would eliminate mandatory life sentences without parole for teens under 18 convicted of first-degree murder.
The measure filed by Patrick Monday would also raise the age for juvenile court jurisdiction from 17 to 18 in Massachusetts.
Under current state law, teens as young as 14 can be tried as adults for first-degree murder. Conviction on first-degree murder carries an automatic life sentence without parole in Massachusetts.
Patrick’s bill would still allow life sentences without parole for juveniles under certain circumstances.
Hampden District Attorney Mark G. Mastroianni said he is not taking a stance for or against Patrick’s proposed legislation.
“I’m interested in spending more time reading it and seeing what it means,” he said. “I definitely see points that are worth having a conversation about.”
The U.S. Supreme Court ruled last year that mandatory life sentences without parole for juveniles are unconstitutional.
Because of that Supreme Court case - Miller v. Alabama - the change proposed by Patrick to eliminate mandatory life sentences for teens is not a great surprise, several lawyers said.
Joseph A. Franco, Linda J. Thompson and Donald W. Frank - all lawyers who have handled murder cases - said there are many things in the bill which they would want clarified.
They said the legislation conforms with the Supreme Court decision in terms of doing away with mandatory life sentences for juveniles.
Thompson said a positive element is prosecutors must give notification if they are going to seek life without parole for juveniles.
She said the legislation seems to be a step in the right direction.
What wasn’t required under the Supreme Court decision, but what Patrick had included, is raising the age for juvenile court jurisdiction, Thompson said.
“I think that’s really important,” she said, citing scientific studies on brain development of teens.
Two things - lack of critical judgment and lack of impulse control - are present with teenage offenders, she said.
Frank said the legislation seems to reflect what was suggested by the Miller decision in terms of what factors a court should consider in sentencing juvenile murder defendants.
Patrick’s bill spells out more specifically what those considerations should be, he said.
“Of course I applaud both the Supreme Court and the governor for recognizing the limitations of adolescent brain development,” Frank said.
Franco said giving judges discretion in sentencing is always a good thing since judges are in the best position to make those decisions.
He said it is not clear if the legislation addresses the problem of juveniles who have already been sentenced to life without the possibility of parole.
Mastroianni said it is good Patrick allowed judges to consider factors in cases where they believe a life sentence without parole is warranted.
He said district attorneys concerns are making sure a defendant serves a sufficient amount of time and that the public is protected.
According to a prepared statement issued by Patrick’s office, “An Act to Reform the Juvenile Justice System in the Commonwealth” will create a fairer justice system for the state’s youth.
“Every violent felon should be held accountable for their actions, even youth. But in sentencing every felon’s circumstances should be considered, too, and youth itself is a special circumstance,” Patrick said.
“It is time for the Commonwealth’s laws to reflect the value, in accord with the Supreme Court, that young people deserve every opportunity for rehabilitation and reform,” he said.
State Public Safety Secretary Andrea Cabral said, “The governor’s legislation recognizes the importance of providing juveniles with age-appropriate resources for rehabilitation. It builds on established research that proves an adolescent brain affects behavior and judgment, but that rehabilitation is possible.”
“Fair treatment of juveniles requires both holding them accountable for their actions and ensuring the highest degree of public safety in order to keep the Commonwealth’s neighborhoods safe and secure," she said.