Commonwealth v. Hanson H.
464 Mass. 807
| Mass. | 2013Background
- Juvenile, 15, accused of indecent assault and battery on a child under 14; pleaded delinquent and placed on supervised probation for 6 months with stay-away and counseling conditions.
- On plea day, juvenile granted relief from sex offender registration, implicitly finding no risk to public; GPS monitoring ordered August 3, 2011.
- August 30, 2011 motion to relieve from GPS monitoring denied; judge said §47 leaves no discretion to relieve.
- Problem presented: whether GPS monitoring is mandatory under §47 for juveniles adjudicated delinquent for sex offenses.
- Legislation §47 appears to apply to adults; comparison with §53 (treat juveniles as children in need of aid) suggests conflict with juvenile rehabilitation goals.
- Court holds: §47 does not apply to juveniles adjudicated delinquent; Juvenile Court retains discretion to order GPS as a condition of probation when appropriate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does §47 manda tory GPS monitoring apply to juveniles after delinquency adjudication? | Commonwealth asserts ‘any person’ on probation includes juveniles; ‘shall’ mandatory. | Juvenile Court argues ambiguity and conflict with §53 and rehabilitation principles. | No; §47 does not apply to juveniles. |
| Is §47 ambiguous and should its interpretation exclude juveniles to harmonize with §53? | Ambiguity resolved in favor of broader application. | Ambiguity reserved for protecting rehabilitative principles. | Ambiguity favors excluding juveniles from mandatory GPS. |
| Does applying §47 to juveniles undermine Juvenile Court’s discretion under §58? | Mandatory GPS would override individualized dispositions. | Discretion to set probation conditions would be preserved. | Yes; §58 discretion remains for juveniles. |
Key Cases Cited
- Commonwealth v. Raposo, 453 Mass. 739 (Mass. 2009) (statutory interpretation of GPS probation mandate must be internally consistent)
- Commonwealth v. Matranga, 455 Mass. 45 (Mass. 2009) (juvenile rehabilitation principle in statutory construction)
- Commonwealth v. Balboni, 419 Mass. 42 (Mass. 1994) (juvenile discretion in disposition for rehabilitation)
- Commonwealth v. Cory, 454 Mass. 559 (Mass. 2009) (GPS monitoring stigmatization concerns in juvenile context)
- Magnus M., 461 Mass. 459 (Mass. 2012) (rehabilitative approach to juvenile justice)
- Riley v. Davis Constr. Co., 381 Mass. 432 (Mass. 1980) (statutory interpretation before constitutional questions)