MA H1695

Referrals to juvenile court for a "child requiring assistance" would no longer disqualify the child from diversion eligibility under the juvenile justice system

Juveniles must consult with legal counsel before waiving rights during diversion proceedings, and both statements and information obtained during assessments would be protected from use in subsequent proceedings

Cases diverted by a district attorney would not count as criminal complaints for school discipline purposes under Chapter 71, Section 37H½

Diversion eligibility criteria are clarified: children are ineligible if indicted as youthful offenders or charged with offenses carrying more than 5 years incarceration (without concurrent district court jurisdiction), but exceptions allow diversion for certain assault, OUI, and witness intimidation charges

Law enforcement agencies would be prohibited from transmitting fingerprints and arrest records of juveniles to the FBI or Department of Justice for offenses committed before the age of criminal majority, except for purposes of requesting record sealing or expungement