Section 72B. If a person is found guilty of murder in the first degree committed on or after his fourteenth birthday and before his eighteenth birthday under the provisions of section one of chapter two hundred and sixty-five, the superior court shall commit the person to such punishment as is provided by law for the offense.
If a person is found guilty of murder in the second degree committed on or after his fourteenth birthday and before his eighteenth birthday under the provisions of section one of chapter two hundred and sixty-five, the superior court shall commit the person to such punishment as is provided by law. Said person shall be eligible for parole under section one hundred and thirty-three A of chapter one hundred and twenty-seven when such person has served fifteen years of said confinement. Thereafter said person shall be subject to the provisions of law governing the granting of parole permits by the parole board.
The superior court shall not suspend the commitment of a person found guilty of murder in the first or second degree, nor shall the provisions of section one hundred and twenty-nine C or one hundred and twenty-nine D of chapter one hundred and twenty-seven apply to such commitment. In all cases where a person is alleged to have violated section one of chapter two hundred and sixty-five, the person shall have the right to an indictment proceeding under section four of chapter two hundred and sixty-three.
A person who is found guilty of murder and is sentenced to a state prison but who has not yet reached his eighteenth birthday shall be held in a youthful offender unit separate from the general population of adult prisoners; provided, however, that such person shall be classified at a facility other than the reception and diagnostic center at the Massachusetts Correctional Institution, Concord, and shall not be held at the Massachusetts Correctional Institution, Cedar Junction, prior to his eighteenth birthday.
The department of correction shall not limit access to programming and treatment including, but not limited to, education, substance abuse, anger management and vocational training for youthful offenders, as defined in section 52, solely because of their crimes or the duration of their incarcerations. If the youthful offender qualifies for placement in a minimum security correctional facility based on objective measures determined by the department, the placement shall not be categorically barred based on a life sentence.
If a defendant is not found guilty of murder in the first or second degree, but is found guilty of a lesser included offense or a criminal offense properly joined under Massachusetts Rules of Criminal Procedure 9 (a) (1), then the superior court shall make its disposition in accordance with section fifty-eight.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 119 - Protection and Care of Children, and Proceedings Against Them
Section 1 - Declaration of Policy; Purpose
Section 21 - Definitions Applicable to Secs. 21 to 51h
Section 21a - Admissibility of Evidence; Qualified Experts
Section 23a - Children Born to Inmates of Correctional Institutions or Jails; Care and Custody
Section 23b - Services to Unwed Mothers
Section 25 - Hearing; Custody of Child
Section 26b - Grandparent Visitation; Sibling Visitation; Appeal of Decision to Deny Visitation
Section 26c - Summary of Foster Care Providers' Employment
Section 27 - Appeals; Procedure; Notice of Right of Appeal; Time Limits
Section 28 - Orders for Payment of Support; Who May Bring Action; Expiration of Order or Judgment
Section 29 - Right to Counsel; Notice of Right; Court Appointed Counsel
Section 29a - Legal Fees of Minors in Criminal Proceedings; Liability of Parents
Section 29c - Judicial Certification of Need to Remove Child From Home
Section 29d - Notice of Hearing
Section 33 - Placement of Children in Family Home Care
Section 33c - Congregate Care Program; Reasonable and Prudent Parent Standard
Section 34 - Transportation of Children in Patrol Wagons
Section 37 - Rules and Regulations of Department
Section 38 - Closed Hearings; Publication of Names
Section 39 - Abandonment of Infant Under Age of Ten
Section 391/2 - Placement of a Newborn Into Foster Care
Section 39g - Hearing; Determination of Child Requiring Assistance
Section 39i - Children in Need of Services; Appeal; Rights and Procedures
Section 39k - Child Welfare Service Needs of Sexually Exploited Children
Section 51c - Custody of Injured Child Pending Transfer to Department or Pending Hearing
Section 51d - Powers and Duties of Area Directors; Multi-Disciplinary Service Teams
Section 51e - Reports of Injured Children; Files; Confidentiality; Penalties
Section 51f - Central Registry of Information; Confidentiality; Penalties
Section 51g - Severability of Secs. 51a to 51f
Section 51h - Protective Alerts; Transport of Child to Another State or Country
Section 52 - Delinquent Children; Definitions
Section 53 - Delinquent Children; Liberal Construction; Nature of Proceedings
Section 54 - Delinquent Children; Complaint; Indictment; Examination of Complainant
Section 55 - Delinquent Children; Summoning of Parent or Guardian
Section 55b - Delinquent Children; Plea; Disposition Request; Pretrial Motions
Section 56 - Delinquent Children; Adjournments; Jury Sessions; Appointment of Stenographer
Section 57 - Delinquent Children; Investigation by Probation Officer; Record of Performance; Reports
Section 58 - Adjudication as Delinquent Child or Youthful Offender
Section 59 - Delinquent Children; Violation of Terms of Probation
Section 60a - Inspection of Records in Youthful Offender and Delinquency Cases
Section 62 - Delinquent Children; Restitution or Reparation by Child to Injured Person
Section 63 - Inducing or Abetting Delinquency of Child
Section 64 - Delinquent Children; Powers of Commissioner of Probation; Annual Report
Section 65 - Juvenile Sessions; Presence of Minors; Exclusion of Public
Section 68 - Commitment of Children Held for Examination or Trial
Section 68a - Diagnostic Study by Department of Youth Services; Report and Recommendations
Section 68b - Special Foster Homes; Detention Homes; Alternate Placements of Child
Section 68c - Diagnostic Services by Department of Youth Services
Section 69 - Information and Reports of Superintendents of Schools and Teachers
Section 69a - Information of Probation Officers, Police and School Authorities
Section 70 - Summoning of Parent or Guardian During Case
Section 71 - Failure to Appear on Summons; Capias
Section 72 - Continuance of Jurisdiction of Courts in Juvenile Sessions
Section 72a - Proceedings Upon Apprehension After Nineteenth Birthday
Section 72b - Persons Between the Ages of Fourteen and Eighteen Convicted of Murder; Penalties
Section 74 - Limitations on Criminal Proceedings Against Children
Section 84 - Warrant of Commitment to Department of Youth Services
Section 86 - Use of Restraints During Court Proceedings
Section 88 - Participation in Community-Based Restorative Justice Program