Section 3 Sentence to community corrections program; duration; conditions; eligibility - Massachusetts Statutes

Section 3. (a) Any court exercising jurisdiction is authorized to sentence any eligible offender to a community corrections program; provided, however, that the court designate the duration of the sentence of imprisonment that otherwise would have been imposed.

(b) The court may dictate the duration and conditions of the sentence in a community corrections program for any period of time consistent with existing law.

(c) A sentence to a community corrections program shall be imposed as a condition of probation consistent with chapters two hundred and seventy-six and two hundred and seventy-six A. The court may modify the sentence of an offender serving a sentence in a community corrections program in the same manner as if the offender had been placed on probation.

(d) The commissioner shall develop interim standards for the eligibility of offenders for community corrections, taking into consideration the following factors:

(1) the nature and circumstances of the offense;

(2) the offender’s mental state at the time of the offense;

(3) the relationship, if any, between the offender and victim;

(4) the nature and degree of the harm caused by the offense;

(5) the community view of the gravity of the offense;

(6) the public concern generated by the offense;

(7) the age of the offender;

(8) the deterrent effect a particular sentence may have on the commission of the offense by others;

(9) the current incidence of the offense in the community and in the commonwealth as a whole;

(10) the role of the offender in cases involving multiple offenders;

(11) the mental and emotional condition of the offender;

(12) the offender’s physical condition;

(13) the offender’s family ties and responsibilities;

(14) the offender’s community ties;

(15) the offender’s degree of dependence upon criminal activity for a livelihood;

(16) the offender’s character and personal history;

(17) the offender’s amenability to correction, treatment, or supervision;

(18) the offender’s past criminal history, including convictions, acquittals, guilty pleas, pleas of nolo contendere, dismissals and matters continued without a finding;

(19) the offender’s arrest record;

(20) the offender’s past history of violence.

No offender shall be eligible for sentencing to a community corrections program who is: (1) convicted of a crime that results in serious bodily harm or death to another person, excluding offenses in which negligence was the primary element, (2) convicted of rape, attempted rape, or sexual assault, or (3) convicted of a crime involving the use of a firearm.