103 N.E.3d 742
Mass.2018Background
- Juvenile in DCF custody charged as accessory after the fact to murder and with assault and battery by a dangerous weapon; Juvenile Court set bail at $50,000.
- Juvenile had prior delinquency charges, had been in default on a prior warrant after running from DCF custody, and was arrested in Oct. 2017 for the current matters.
- Juvenile Court judge checked reasons on the bail form (nature/seriousness, flight risk, prior failure to appear, DCF/DYS custody) and made brief handwritten findings.
- Superior Court denied the juvenile’s petition for bail review, noting the juvenile’s lack of resources but concluding no reasonable nonfinancial alternative would assure appearance.
- Juvenile petitioned a single justice under G. L. c. 211, § 3; single justice denied relief; appeal to the SJC followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Must a judge setting bail for a juvenile in DCF custody account for the fact DCF does not post bail (i.e., inability to pay)? | Juvenile: judge must account that DCF won’t post bail; any set bail will detain him, implicating due process. | Commonwealth: ability to pay is relevant but not dispositive; judges may set unaffordable bail if other factors justify detention. | Court: Ability to pay must be considered but judge need not set affordable bail; here no due process violation. |
| When bail will likely cause pretrial detention, what findings are required? | Juvenile: judges failed to make adequate findings or consider nonfinancial alternatives. | Commonwealth: judges gave sufficient factual basis (flight, prior default, DCF custody) to justify bail. | Court: Brangan requires findings explaining why no less-restrictive alternatives suffice; here the record (form + marginal note) showed consideration and was adequate. |
| Does treating juveniles in DCF custody differently violate equal protection? | Juvenile: denial of bail consideration penalizes juveniles because DCF does not post bail. | Commonwealth: inability to post bail is not a distinct classification; similarly situated indigent juveniles/adults face same issue. | Court: No equal protection problem; being in DCF custody is not a different class for bail purposes. |
| Separation of powers challenge to using the bail form/process | Juvenile: (raised on appeal) form/process involves executive and judicial branches. | Commonwealth: procedural; issue not raised below. | Court: Not considered because juvenile did not present it to the single justice. |
Key Cases Cited
- Brangan v. Commonwealth, 477 Mass. 691 (discusses requirement to consider ability to pay, and required findings when bail will likely cause detention)
- Gorod v. Tabachnick, 428 Mass. 1001 (petitioner's burden to create a record showing substantial claim)
- Carvalho v. Commonwealth, 460 Mass. 1014 (issues not raised below need not be considered on appeal)