PETITION OF:

SECTION 1. Subsection (c) of section 32A of chapter 94C of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding the following three sentences:— In the case of mitigating circumstances as stated in subsection (c) of section 8 of chapter 211G, this offense shall be integrated into the sentencing guidelines grid. The penalty imposed shall be from within the guidelines range, with the minimum sentence representing two-thirds of the maximum sentence. There shall be no further departures from the sentencing guidelines range.

SECTION 2. Paragraph (2) of subsection (a) of said section 32E of said chapter 94C, as so appearing, is hereby amended by adding the following three sentences:— In the case of mitigating circumstances as stated in subsection (c) of section 8 of chapter 211G, this offense shall be integrated into the sentencing guidelines grid. The penalty imposed shall be from within the guidelines range, with the minimum sentence representing two-thirds of the maximum sentence. There shall be no further departures from the sentencing guidelines range.

SECTION 3. Paragraph (3) of said subsection (a) of said section 32E of said chapter 94C, as so appearing, is hereby amended by adding the following three sentences:— In the case of mitigating circumstances as stated in subsection (c) of section 8 of chapter 211G, this offense shall be integrated into the sentencing guidelines grid. The penalty imposed shall be from within the guidelines range, with the minimum sentence representing two-thirds of the maximum sentence. There shall be no further departures from the sentencing guidelines range.

SECTION 4. Paragraph (1) of subsection (b) of said section 32E of said chapter 94C, as so appearing, is hereby amended by adding the following three sentences:— In the case of mitigating circumstances as stated in subsection (c) of section 8 of chapter 211G, this offense shall be integrated into the sentencing guidelines grid. The penalty imposed shall be from within the guidelines range, with the minimum sentence representing two-thirds of the maximum sentence. There shall be no further departures from the sentencing guidelines range.

SECTION 5. Paragraph (2) of said subsection (b) of said section 32E of said chapter 94C, as so appearing, is hereby amended by adding the following three sentences:— In the case of mitigating circumstances as stated in subsection (c) of section 8 of chapter 211G, this offense shall be integrated into the sentencing guidelines grid. The penalty imposed shall be from within the guidelines range, with the minimum sentence representing two-thirds of the maximum sentence. There shall be no further departures from the sentencing guidelines range.

SECTION 6. Paragraph (1) of subsection (c) of said section 32E of said chapter 94C, as so appearing, is hereby amended by adding the following three sentences:— In the case of mitigating circumstances as stated in subsection (c) of section 8 of chapter 211G, this offense shall be integrated into the sentencing guidelines grid. The penalty imposed shall be from within the guidelines range, with the minimum sentence representing two-thirds of the maximum sentence. There shall be no further departures from the sentencing guidelines range.

SECTION 7. Paragraph (2) of said subsection (c) of said section 32E of said chapter 94C, as so appearing, is hereby amended by adding the following three sentences:— In the case of mitigating circumstances as stated in subsection (c) of section 8 of chapter 211G, this offense shall be integrated into the sentencing guidelines grid. The penalty imposed shall be from within the guidelines range, with the minimum sentence representing two-thirds of the maximum sentence. There shall be no further departures from the sentencing guidelines range.

SECTION 8. Section 32J of said chapter 94C, as so appearing, is hereby amended by adding the following three sentences:— In the case of mitigating circumstances as stated in subsection (c) of section 8 of chapter 211G, this offense shall be integrated into the sentencing guidelines grid. The penalty imposed shall be from within the guidelines range, with the minimum sentence representing two-thirds of the maximum sentence. There shall be no further departures from the sentencing guidelines range.

SECTION 9. Section 130 of chapter 127 of the General Laws, as so appearing is hereby amended by striking out the first sentence and inserting in place thereof the following three sentences:— No prisoner shall be granted a parole permit merely as a reward for good conduct but only if the parole board is of the opinion that there is a reasonable probability that, if such prisoner is released, in light of appropriate conditions and community supervision, he will live and remain at liberty without violating the law and that his release is compatible with the welfare of society. In making this determination, the board shall consider whether, during the period of incarceration, the prisoner has participated in available work opportunities and education or treatment programs, and demonstrated good behavior. The board shall also consider whether risk reduction programs made available through collaboration with criminal justice agencies would minimize the probability of the prisoner re-offending once released.

SECTION 10. Section 136 of said chapter 127, as so appearing, is hereby amended by adding the following sentence:— The parole board shall have the option to (1) grant parole, subject to the conditions or limitations as deemed appropriate, (2) deny parole, subject to reconsideration at a specified date with recommendations for interim program participation or treatment, or (3) deny parole.

SECTION 11. Section 3 of chapter 211E of the General Laws, as so appearing, is hereby amended by inserting after the word “part”, in line 8, the following words:— except for the imposition of split sentences to the house of correction pursuant to chapter 211G.

SECTION 12. Said section 3 of said chapter 211E, as so appearing, is hereby further amended by striking out, in lines 15 and 92, the word “non-exclusive” and inserting in place thereof, in each instance, the following word:— exclusive.

SECTION 13. Said section 3 of said chapter 211E, as so appearing, is hereby amended by inserting after the word “statute”, in line 127, the following words:— only to the extent provided by chapter 211G.

SECTION 14. Subsection (f) of section 3 of said chapter 211E, as so appearing, is hereby amended by adding the following sentence:— The commission shall not later than June 1st and annually thereafter report its determination of the type and amount of correctional resources needed and the analysis resulting in such determination to the aforementioned persons, the house and senate committees on ways and means and the joint committee on criminal justice.

SECTION 15. Section 4 of said chapter 211E, as so appearing, is hereby amended by striking out, in lines 4 and 5, and in lines 13 and 14, the words “application of the sentencing guidelines” and inserting in place thereof, in each instance, the following words:— placement within the sentencing grid.

SECTION 16. Post-Incarceration Supervision. For all sentences to incarceration for a period of twelve months or more which are imposed in accordance with the sentencing guidelines as established in this chapter, including minimum mandatory sentences, there shall be imposed a period of post-incarceration supervision. The period of post-incarceration supervision shall be imposed as follows: a period of six months for a sentence with a maximum term greater than or equal to twelve months but less than thirty months; a period of twelve months for a sentence with a maximum greater than or equal to thirty months but less than sixty months; a period of twenty-four months for a sentence with a maximum term greater than or equal to sixty months. The total term of incarceration for the offense plus any additional commitment for a violation of a condition of post-incarceration supervision that does not otherwise constitute a new offense, shall not be greater than the maximum term fixed by statute for the governing offense. During the period of post-incarceration supervision, the prisoner shall be subject to the supervision of the Parole Board under such terms and conditions as established by the Board.
The post-incarceration supervision period shall be deemed completed if the prisoner completes the sentence to incarceration while on parole, if the prisoner is granted a certificate of termination of sentence pursuant to G.L. c. 127, § 130A, if the prisoner is subject upon release from custody to lifetime parole pursuant to section 133C of chapter 127, or if upon completion of the sentence the prisoner is immediately committed to a sentence of incarceration, to the custody of any other state or federal authority, or to the custody of immigration authorities. The post-incarceration supervision shall be stayed for any period the prisoner is in custody pursuant to any order of custody under chapter 123A. The post-incarceration supervision period shall be deemed completed upon commitment pursuant to section 14 of chapter 123A. In all other circumstances, the period of post-incarceration supervision shall commence upon discharge from the sentence.
During the period of post-incarceration supervision, the prisoner shall be subject to the jurisdiction of the parole board in accordance with section 130 of chapter 127. The prisoner may be supervised in another jurisdiction in accordance with sections 151A through 151L of chapter 127 and shall be considered on parole for the purposes of such supervision. By a majority vote of a panel of the parole board after a hearing and for good cause, the parole board may terminate the period of post-incarceration supervision at any time before completion.
An individual who violates a condition of post-incarceration supervision shall be subject to the provisions of section 149 of chapter 127. Upon a first violation, the prisoner may be incarcerated for a period no greater than two months or the maximum remaining period of post-incarceration supervision, whichever is less, if such violation does not otherwise constitute a criminal offense. Upon a second violation, the prisoner may be incarcerated for a period no greater than six months or the maximum remaining period of post-incarceration supervision, whichever is less, if such violation does not otherwise constitute a criminal offense. Upon a third or subsequent violation the prisoner, may be incarcerated for a period no greater than twelve months or the maximum remaining period of post-incarceration supervision, whichever is less, if such violation does not otherwise constitute a criminal offense. If such violation otherwise constitutes a criminal offense, said period of incarceration shall be served on and after any sentence received for commission of the new offense. In the event that the prisoner has been convicted of more than one offense, post-incarceration supervision may be imposed if the maximum sentence on all offenses has not been served.
Notwithstanding Section 23 of Chapter 279, where the defendant is sentenced to the house of correction, the total term of incarceration for any offense plus any additional commitment for violation of a condition or conditions of post-incarceration supervision pursuant to section 17 of chapter 211G shall not exceed the longest term fixed by law for the punishment of the crime of which the prisoner has been convicted or if the defendant is serving a sentence after being convicted of only one offense, two and one half years, whichever is less.

SECTION 17. Section 5 of chapter 211F of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after the word “justice”, in line 3, the following words:— , the house and senate committees on ways and means.

SECTION 18. The General Laws are hereby amended by inserting after chapter 211F the following chapter:—

CHAPTER 211G.
SENTENCING GUIDELINES.

Section 1. Definitions. As used in this chapter the following words shall have the following meanings:—
“Adjudication of delinquency”, a determination or finding pursuant to section 58 of chapter 119 that a juvenile is a delinquent child.
“Conviction”, a finding or verdict of guilt for a criminal offense or an adjudication as a youthful offender pursuant to section 58 of chapter 119.
“Criminal history group”, the classification of an offender’s previous record of criminal convictions or adjudications of delinquency as set forth on the horizontal axis of the sentencing guidelines grid.
“Departure from the guidelines”, a sentence imposed outside the sentencing range contained in the applicable grid cell for the particular offense.
“Governing offense”, the offense having the highest offense seriousness level among multiple offenses arising out of the same criminal conduct.
“Grid cell”, the intersection on the sentencing guidelines grid between the offense seriousness level and the criminal history group.
“Intermediate sanction”, a nonincarcerative sentence, or portion thereof, which includes a level of restriction, such as standard probation, intensive supervision probation, community service, home confinement, and day reporting, and which may be coupled with components, such as residential programming, substance abuse treatment, restitution, continuing education, vocational training, special education, and psychological counseling.
“Mandatory minimum sentence”, the provision of a criminal penalty for a particular offense which specifies the minimum term of incarceration and prohibits suspension of any sentence, placement on file, continuance without a finding, probation, and release on parole until the minimum term of imprisonment has been served.
“Master crime list”, the list in which offenses in Massachusetts currently punishable by a term of imprisonment are ranked for purposes of the sentencing guidelines.
“Offense seriousness levels”, the categories for ranking criminal offenses as set forth in the master crime list and on the vertical axis of the sentencing guidelines grid.
“Post-incarceration supervision”, a period of parole supervision to commence upon a prisoner’s release from a sentence of imprisonment where the prisoner has served the full sentence within a correctional facility.
“Same criminal conduct”, any 2 or more offenses committed during a single criminal incident.
“Sentencing commission”, the Massachusetts sentencing commission as defined in section 1 of chapter 211E.
“Sentencing event”, an appearance before a court of competent jurisdiction during which sentence is imposed for 1 or more convictions or adjudications of delinquency.
“Sentencing guidelines”, all provisions set forth in this chapter which direct or guide judges in sentencing.
“Sentencing guidelines grid”, the sentencing matrix, with offenses classified on a vertical axis and criminal history groups classified on a horizontal axis, and which contains a sentencing guidelines range within each grid cell.
“Sentencing guidelines range”, the range of any sentence, including the range of intermediate sanctions, which may be imposed in each grid cell without constituting a departure from the sentencing guidelines.
“Split sentence”, a sentence to a house of correction which is suspended in part and includes a specified period of incarceration followed by a specified period of probation or intermediate sanction or both.
“Staircased offense”, a criminal offense which is ranked in more than 1 offense seriousness level on the basis of the existence of a specified factor.
“Statutory minimum sentence”, the provision of a criminal penalty for a particular offense which does not require the imposition of incarceration, but specifies the minimum term of incarceration, when incarceration is imposed.
Section 2. There are established, consistent with the provisions of section 3 of chapter 211E, sentencing guidelines in the form of a sentencing guidelines grid with offenses classified on the vertical axis according to seriousness and criminal history classified on the horizontal axis according to severity. Within each grid cell there is a sentencing guidelines range, consistent with the provisions of subparagraph (c) of paragraph (3) of subsection (a) of section 3 of said chapter 211E. The sentencing guidelines grid includes 3 sentencing guidelines zones:— (1) an incarceration zone, where only a sentence to incarceration is within the sentencing guidelines range and a sentence to an intermediate sanction constitutes a departure from the sentencing guidelines; (2) a discretionary zone, where either a sentence to incarceration or a sentence to an intermediate sanction are within the sentencing guidelines range; and (3) an intermediate sanction zone, where only a sentence to an intermediate sanction is within the sentencing guidelines range and a sentence to incarceration constitutes a departure from the sentencing guidelines. The following sentencing guidelines grid shall be used as a basis for sentencing for convictions of all applicable offenses for which incarceration is a possible sanction under existing statutes, except for those offenses with mandatory minimum sentences listed in section 8.

	Criminal History Group
Offense	A	B	C	D	E
Seriousness Level	No/Minor Record	Moderate Record	Serious Record	Violent or Repetitive	Serious Violent

9	Life	Life	Life	Life	Life



8	120 -180 Mos	135 - 203 Mos	156-234 Mos.	194-292 Mos.	275-413 Mos.



7	60 - 90 Mos.	68 - 102 Mos.	84 - 126 Mos.	108 - 162 Mos.	160 - 240 Mos.



6	40 - 60 Mos.	45 - 67 Mos.	50 - 75 Mos.	60 - 90 Mos.	80 - 120 Mos.


5	12 - 36 Mos.	24 - 36 Mos.	36 - 54 Mos.	48 - 72 Mos.	60 - 90 Mos.
	IS-IV
	IS-III
	IS-II
4	0 - 24 Mos.	3 - 30 Mos.	6 - 30 Mos.	20 - 30 Mos.	24 - 36 Mos.
	IS-IV	IS-IV	IS-IV
	IS-III	IS-III	IS-III
	IS-II	IS-II	IS-II
3	0 - 12 Mos.	0 - 15 Mos.	0 - 18 Mos.	0 - 24 Mos.	20-30
	IS-IV	IS-IV	IS-IV	IS-IV	IS-IV
	IS-III	IS-III	IS-III	IS-III	IS-III
	IS-II	IS-II	IS-II	IS-II	IS-II
	IS-I	IS-I	IS-I
2		0 - 6 Mos.	0 - 6 Mos.	0 - 9 Mos.	0 - 12 Mos.
				IS-IV	IS-IV
	IS-III	IS-III	IS-III	IS-III	IS-III
	IS-II	IS-II	IS-II	IS-II	IS-II
	IS-I	IS-I	IS-I	IS-I	IS-I
1				0 - 3 Mos.	0 - 6 Mos.
				IS-IV	IS-IV
		IS-III	IS-III	IS-III	IS-III
	IS-II	IS-II	IS-II	IS-II	IS-II
	IS-I	IS-I	IS-I	IS-I	IS-I

Sentencing Guidelines Zones		Intermediate Sanctions Levels

	Incarceration Zone	IS-IV 24-Hour Restriction
		IS-III Daily Accountability
	Discretionary Zone	IS-II Standard Supervision
		IS-I Financial Accountability
	Intermediate Sanction Zone

***Note: The numbers in each cell represent the range from which the judge selects the maximum sentence; the minimum sentence is 2/3rds of the maximum sentence and constitutes the initial parole eligibility date.

Section 3. Offenses which permit incarceration are ranked according to offense seriousness level. Murder, as defined in section 1 of chapter 265, is placed at the highest level of the sentencing guidelines grid and for this offense the sentencing provisions of section 2 of said chapter 265 apply. The offense seriousness rankings are set forth in the following master crime list, which contains the following information:—
(a) A “YES” in this column denotes application of the sentencing guidelines grid. A “NO” in this column indicates the sentencing guideline grid is not applicable, and an alternate penalty provision as provided for in this chapter is applicable.
(b) All offenses on the master crime list are ranked according to seriousness. For offenses to which the sentencing guidelines grid applies, the offense seriousness level of the governing offense determines the placement of the offender on the vertical axis.
For all offenses, the offense seriousness level also represents the level to which a prior conviction is to be assigned for purposes of determining the criminal history group.
(c) The following notes apply to certain offenses contained in the master crime list:
(1) “Note A” refers to offenses where the sentencing guidelines range exceeds the statutory maximum sentence in certain grid cells. In such circumstances, the sentencing guidelines range applies, except that no sentence imposed may exceed the statutory maximum sentence, as provided in section 9.
(2) “Note B” refers to offenses where the statutory minimum sentence exceeds the sentencing guidelines range in certain grid cells. In such circumstances, it is not a departure from the sentencing guidelines for a judge to impose a sentence within the sentencing guidelines range, nor is it a departure from the sentencing guidelines for a judge to impose the statutory minimum sentence, as provided in paragraph (e) of said section 8.
(3) “Note C” refers to offenses with mandatory minimum sentences in violation of chapter 94C. The sentencing guidelines for these offenses are set forth in paragraph (c) of said section 8.
(4) “Note D” refers to certain firearms offenses and certain offenses pertaining to operating a motor vehicle or boat under the influence which may have mandatory minimum sentences. The sentencing guidelines for these offenses are set forth in paragraphs (a) and (b) of said section 8.
(5) “Note E” refers to certain other offenses which have mandatory minimum sentences. The sentencing guidelines for these offenses are set forth in paragraph (d) of said section 8.
(6) “Note F” refers to certain offenses for which a sentence to an intermediate sanction constitutes a departure from the sentencing guidelines.
(7) “Note G” refers to staircased offenses. The staircase factors are described in subsection (a) of section 4.
(8) “Note H” refers to offenses for which the criminal history group of the defendant is enhanced as described in subsection (b) of said section 4.
(9) “Note I” refers to offenses for which the level is contingent on the level assigned to the underlying substantive offense and is the same as the level assigned to the underlying substantive offense, except that no sentence may exceed the statutory maximum sentence, as provided in section 9.
(10) “Note J” refers to offenses for which the level is contingent on the level assigned to the underlying substantive offense and is one level lower than the level assigned to the underlying substantive offense, except that no sentence may exceed the statutory maximum sentence, as provided in section 9.
(d) The General Law reference for a particular offense.
(e) The General Law reference for a particular offense penalty provision when different from the offense reference.
(f) A specified factor, beyond the required elements for an offense, which determines the offense seriousness level.
(g) The master crime list also incorporates information existing elsewhere in the General Laws. Any discrepancies between the following items of information reproduced in the master crime list and as they appear in the General Laws are to be resolved in favor of those provisions of the General Laws which set forth the penalties for the particular offense.
(1) “Offense” — an abbreviated offense description;
(2) “Penalty Type” — felony or misdemeanor;
(3) “Mandatory Time” — the mandatory minimum sentence, where applicable;
(4) “Min H/C” — the statutory minimum sentence to the house of correction, where applicable;
(5) “Max H/C” — the statutory maximum sentence to the house of correction, where applicable;
(6) “Min Prison” — the statutory minimum sentence to the state prison, where applicable; and,
(7) “Max Prison” — the statutory maximum sentence to the state prison where applicable.
Where an offense is not found in the master crime list, the judge shall impose an appropriate sentence, having due regard for the purposes of sentencing set forth in section 2 of chapter 211E. The master crime list follows:—

Section 4. (a) Certain offenses, broadly defined to encompass a wide range of behavior, are placed at more than one offense seriousness level in the master crime list. These offenses are identified by a staircased notation on the master crime list based on the following considerations:—
(1) Manslaughter in violation of section 13 of chapter 265 is a level 8 offense where it is voluntary manslaughter and a level 6 offense where it is involuntary manslaughter.
(2) Assault and battery by means of a dangerous weapon in violation of section 15A of chapter 265 is ranked according to the degree of injury to the victim as follows:—
(i) Assault and battery by means of a dangerous weapon is a level 6 offense where there is significant injury to the victim. Significant injury includes: injuries which are characterized by a protracted period of total disability or long term impairment of function, loss of function of any body members, organ, or mental faculty; injuries, not necessarily permanently disabling, which require long term medical care or rehabilitative therapy; injuries which involve a gross disfigurement; and, injuries which result in a permanent residual disability or loss of function to a significant degree.
(ii) Assault and battery by means of a dangerous weapon is a level 5 offense where there is moderate injury to the victim. Moderate injury includes: injuries which involve extreme physical pain and some discernible disability or loss of function of some body member, organ, or mental faculty, such as fractures, internal injuries or wounds which are serious but not life threatening; and, psychological trauma that results in some temporary or partial disability.
(iii) Assault and battery by means of a dangerous weapon is a level 4 offense where there is no injury or minor injury to the victim. Minor injury includes: injuries which require some emergency treatment, such as lacerations, contusions, or abrasions, which have no residual effect; concussions without lasting neurological impact; physical injuries that are painful and obvious but not in any way disabling; and, minimal, psychological trauma without lasting effect.
(3) Armed robbery in violation of section 17 of chapter 265 is a level 7 offense where there is a display of a gun. Any other violation of section 17 of chapter 265 is a level 6 offense with the exception of certain violations of said section 17 of said chapter 265 that are subject to the provisions of subsection (b) of section 4.
(4) Breaking and entering in violation of sections 16 to 18, inclusive, of chapter 266 is a level 6 offense where the breaking and entering involves a dwelling and the offender is armed. Breaking and entering is a level 5 offense where the crime involves a dwelling and the offender is not armed, or where the crime does not involve a dwelling and the offender is armed. Breaking and entering a level 3 offense where the crime does not involve a dwelling and the offender is not armed. Misdemeanor breaking and entering, section 16A of chapter 266, is a level 2 offense.
(5) Certain property offenses are ranked according to the value of property lost or destroyed as follows:—
(i) Where the value of the property lost or destroyed is $50,000 or over, the offense is a level 5 offense.
(ii) Where the value of the property lost or destroyed is between $10,000 and $50,000, the offense is a level 4 offense.
(iii) Where the value of the property lost or destroyed is $10,000 or under, the offense is a level 3 offense.
In determining the appropriate offense seriousness level for a staircased offense, the judge may consider any evidence received during the proceedings, any victim impact statement, any presentence report when the judge requests one, and, any other information that the judge deems credible.
(b) When a statute provides for a more severe penalty upon a second and subsequent conviction for an offense, the second or subsequent offense is elevated 1 level on the offense seriousness scale on the master crime list. Where the offense is at level 8, the offender shall be moved over 1 cell to the right to the next more serious criminal history group in the grid. When a defendant is charged as a second or subsequent offender under the relevant statute, the prior conviction or convictions that served as the basis for the second or subsequent charge shall not be counted in determining criminal history placement on the grid. Offenses that are subject to a more severe penalty for second and subsequent conviction are so designated in the master crime list.
Section 5. There are 5 criminal history groups on the horizontal axis of the sentencing guidelines grid as follows:—
(a) Criminal history group A, no/minor record, refers to a criminal record that contains no prior convictions of any kind; or, 1 to 3 prior convictions in any combination for offenses in levels 1 or 2.
(b) Criminal history group B, moderate record, refers to a criminal record that contains 4 or more prior convictions in any combination for offenses in level 1 or 2; or, 1 or 2 prior convictions in any combination for offenses in level 3 or 4.
(c) Criminal history group C, serious record, refers to a criminal record that contains 3 to 5 prior convictions in any combination for offenses in level 3 or 4; or, 1 prior conviction for offenses in level 5 or 6.
(d) Criminal history group D, violent or repetitive record, refers to a criminal record that contains 6 to 8 prior convictions in any combination for offenses in level 3 or 4; or, 2 to 4 prior convictions in any combination for offenses in level 5 or 6; or, 1 prior conviction for offenses in level 7 to 9, inclusive.
(e) Criminal history group E, serious violent or serious repetitive record, refers to a criminal record that contains 9 or more prior convictions for offenses in level 3 or 4; or, 5 or more prior convictions for offenses in level 5 or 6; or, 2 or more prior convictions in any combination for offenses in level 7 to 9, inclusive.
Section 6. In determining placement in the appropriate criminal history group on the sentencing guidelines grid, the following provisions shall apply:—
(a) Only those prior offenses which resulted in a conviction shall be counted for criminal history placement on the sentencing guidelines grid. All convictions that occurred prior to the present sentencing event shall be counted for criminal history placement on the sentencing guidelines grid. The offense seriousness level of each prior conviction shall be determined by reference to the version of the master crime list in effect at the time of the sentencing event for the present offense.
(b) Multiple prior convictions arising from the same criminal conduct shall be counted as one prior conviction, based on the most serious offense. There shall be a rebuttable presumption that multiple prior convictions that have the same arraignment date shall be counted as 1 prior conviction, based on the most serious offense. Multiple convictions with the same arraignment date may each be counted separately for purposes of criminal history placement on the sentencing guidelines grid where each such conviction is not part of the same criminal conduct. Multiple convictions with different arraignment dates may be counted as a single conviction for purposes of criminal history placement on the sentencing guidelines grid where each such conviction was part of the same criminal conduct.
(c) Adjudications of delinquency for offenses classified in offense seriousness levels 5 through 9, inclusive, on the master crime list shall be considered as convictions of the offenses involved and counted for purposes of criminal history. Adjudications of delinquency for offenses classified below level 5 shall not be counted for purposes of criminal history, but the existence of such adjudications may be considered as an aggravating factor for departure from the sentencing guidelines range.
(d) Prior convictions in federal and other jurisdictions shall be counted for criminal history purposes. The offense of prior conviction shall be assigned to the same offense seriousness level as the Massachusetts offense in the master crime list with the same or substantially the same elements.
(e) Where the prior conviction is a staircased offense and the offense seriousness level of the staircased offense is not apparent from the criminal record, there is a rebuttable presumption that the prior conviction is in the lowest staircased level for that offense in the master crime list.
(f) The judge shall decide any material contested issues relating to criminal history.
Section 7. Sentencing pursuant to the sentencing guidelines grid shall be based on the offense or offenses of conviction and the criminal history of the defendant. The offense seriousness level for each offense of conviction shall be determined from the master crime list. The appropriate level of staircased offenses shall be determined by taking into account the relevant staircasing factors set forth herein. The number and types of prior convictions shall be determined in accordance with section 5 of this chapter to determine the appropriate criminal history group for the offender. The sentencing guidelines range shall be determined by identifying that grid cell where the seriousness level of the governing offense on the vertical axis intersects with the classification of the criminal history group on the horizontal axis.
(a) The sentencing judge may impose a sentence to incarceration within the sentencing guidelines range by imposing a maximum sentence from within the guideline range of the appropriate grid cell. Unless otherwise noted herein, the minimum sentence will always be two-thirds of the maximum sentence and will establish the initial parole eligibility date. The sentencing judge shall state both the maximum sentence and the parole eligibility date at the time of sentencing. This applies to all sentences of incarceration of 2 months or longer to houses of correction and all sentences to the state prison. Where the maximum sentence of incarceration to a house of correction is less than 2 months, the minimum sentence need not be two-thirds of the maximum sentence. Where the maximum sentence is selected from the guideline range in the applicable grid cell, the sentence will be within the guidelines and no written explanation is necessary.
(b) The sentencing judge may impose a sentence above or below the sentencing guidelines range where the court finds, based on clear and convincing evidence at the time of sentencing, that one or more aggravating or mitigating circumstances exist as provided in this chapter and that those circumstances constitute substantial and compelling reasons for departure. The sentencing judge shall set forth in writing reasons for departing from that range on a sentencing statement, consistent with the provisions of subsection (h) of chapter 211E. In imposing a sentence of incarceration that departs from the sentencing guidelines range, the minimum sentence shall be two-thirds of the maximum sentence. A sentence that departs below the sentencing guidelines range may include a sentence to any lesser term of incarceration or any intermediate sanction. Notwithstanding any other provision of law, it shall not constitute a departure for a judge to impose the statutory maximum sentence on any defendant in Criminal History Group E.
(1) The following exclusive mitigating and aggravating circumstances shall guide departures from the sentencing guidelines range. The presence of any such circumstance may warrant departure from the sentencing guidelines range in the discretion of the sentencing judge. In determining mitigation or aggravation, the judge may consider any evidence received during the proceedings; any victim impact statement; any presentence report, when the judge requests one; and, any other information that the judge deems credible.
(A) The exclusive list of mitigating circumstances is as follows:—
(1) The defendant was a minor participant in the criminal conduct.
(2) The defendant was suffering from a mental or physical condition that significantly reduced the culpability of the defendant for the offense.
(3) The victim was an initiator, aggressor, or provoker of the offense.
(4) The sentence was imposed in accordance with a jointly agreed recommendation.
(5) The age of the defendant at the time of the offense.
(6) The defendant verifies current involvement in, or successful completion of, a substance abuse or other treatment program that began after the date of the offense.
(7) Not later than the time of the sentencing hearing, the defendant has truthfully provided to the prosecution all information and evidence the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the defendant has no relevant or useful other information to provide or that the prosecution is already aware of the information shall not preclude a determination by the court that this constitutes a mitigating circumstance.
The sentencing judge shall be required to conduct a hearing in determining aggravating or mitigating factors. (B) The exclusive list of aggravating circumstances is as follows:—
(1) The victim was especially vulnerable due to age or physical or mental disability.
(2) The victim was treated with particular cruelty.
(3) The defendant used position or status to facilitate commission of the offense, such as a position of trust, confidence or fiduciary relationship.
(4) The defendant was a leader in the commission of an offense involving two or more criminal actors.
(5) The defendant committed the offense while on probation, on parole, or during escape.
(6) The defendant has committed repeated offenses against the same victim.
(7) The defendant has committed the offense: (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by assassination or kidnapping.
The sentencing judge shall be required to conduct a hearing in determining aggravating or mitigating factors.
(c) When a defendant is convicted of multiple offenses arising out of the same criminal conduct, the judge may impose concurrent or consecutive sentences, subject to the following provisions. The judge shall impose a consecutive sentence when the imposition of a consecutive sentence is required by the terms of the statute pertaining to a particular offense. The judge may impose concurrent or consecutive sentences of incarceration in the house of correction or the state prison for each offense where such incarceration is permitted by law, subject to the following limitation. The judge may impose consecutive sentences to the state prison or the house of correction by selecting a sentence from the guidelines range in the applicable grid cell for each offense to be sentenced consecutively. Any sentence imposed as concurrent or consecutive to a governing offense may be for a period of incarceration, or for a period of probation, which is less than the lower limit of the sentencing guidelines range contained in the applicable grid cell or for any level of intermediate sanction, without constituting a departure from the sentencing guidelines.
When a defendant is convicted of multiple offenses which arise out of the same criminal conduct and there is a single or no victim, the total of the consecutive sentence imposed may not exceed the upper limit range of the sentencing guidelines range in the grid cell of the governing offense. Where the total exceeds the upper limit, it shall be considered a departure from the guidelines and the judge is required to provide written reasons.
When a defendant is convicted of multiple offenses which arise out of the same criminal conduct and there are multiple victims, the total of the consecutive sentence imposed may not exceed two times the upper limit range of the sentencing guidelines range in the grid cell of the governing offense. Where the total exceeds two times the upper limit, it shall be considered a departure from the guidelines and the judge is required to provide written reasons.
Any court which accepts a plea of guilty or an admission to sufficient facts, to a criminal offense, and the term of incarceration for that offense is subject to a period of post-incarceration supervision pursuant to section seventeen of chapter 211G, shall inform the defendant who is offering the plea, prior to acceptance, that such plea shall result in the defendant being subject to post-conviction supervision under the provision of that section. Failure to inform the defendant that his plea may result in his being subject to post-incarceration supervision under the provisions of that section shall not be grounds to vacate or invalidate the plea. Section 8. Sentencing guidelines for offenses with mandatory minimum terms are as follows:—
(a) No departures below the mandatory minimum sentences for firearms offenses in violation of paragraph (a), (c) or (d) of section 10 or section 10E of chapter 269 are permitted. These enumerated mandatory firearms offenses are not integrated into the guidelines grid. The sentencing guidelines for these mandatory firearms offenses are the mandatory sentencing provisions of the existing statutes. The minimum term of incarceration shall be no less than the mandatory minimum sentence provided in said paragraph (a), (c) or (d) of said section 10 or said section 10E of said chapter 269. The sentencing judge is required to impose a minimum and a maximum sentence, but the minimum sentence need not be two-thirds of the maximum. For purposes of determining the criminal history group for a defendant with prior mandatory firearms convictions, the master crime list provides the offense seriousness level corresponding to the sentencing guidelines grid for each firearms offense with a mandatory minimum sentence.
(b) For purposes of this chapter, operating under the influence offenses refer to offenses enumerated in the second paragraph of section 23 of chapter 90, subparagraph (1) of paragraph (a) of subdivision (1) of section 24 of said chapter 90, and subparagraph (A) of paragraph (1) of subsection (a) of section 8 of chapter 90B. No departures below any mandatory minimum sentences for operating under the influence offenses are permitted. These operating under the influence offenses are not integrated into the guidelines grid. The sentencing guidelines for these operating under the influence offenses are the mandatory sentencing provisions of the existing statutes. The minimum term of incarceration shall be no less than any mandatory minimum sentence provided in said subparagraph (1) of paragraph (a) of subdivision (1) of said section 24 of said chapter 90 and said subparagraph (A) of paragraph (1) of subsection (a) of said section 8 of said chapter 90B.The sentencing judge is required to impose a minimum and a maximum sentence, but the minimum sentence need not be two-thirds of the maximum.
For purposes of determining the criminal history group for a defendant with prior convictions for operating under the influence offenses, the master crime list provides the offense seriousness level for each operating under the influence offense.
Nothing in this section shall be found to prohibit a sentence pursuant to subparagraph (4) of said paragraph (a) of said subdivision (1) of said section 24 of said chapter 90 or said subparagraph (A) of paragraph (3) of said subsection (a) of said section 8 of said chapter 90B.
(c) Offenses in violation of the controlled substances act.
(1) Notwithstanding any other provision of law, in the case of an offense under paragraph (c) of section 32A, clauses (2) and (3) of paragraph (a), clauses (1) and (2) of paragraph (b), clauses (1) and (2) of paragraph (c) of section 32E and section 32J of chapter 94C, the court may impose a sentence pursuant to the sentencing guidelines without regard to any mandatory minimum sentence that might otherwise apply, if the court finds at sentencing that the following mitigating circumstances apply. The following is the exclusive list of mitigating conditions:
(1) the criminal history of the defendant falls in criminal history group A or B in the sentencing guidelines grid;
(2) the defendant has no prior drug distribution and trafficking convictions;
(3) the defendant did not use violence or credible threats of violence or possess a firearm or other dangerous weapon, or induce another participant to do so, in connection with the offense;
(4) the offense did not result in the death or serious bodily injury to any person;
(5) the defendant is a minor participant in the manufacture, distribution or sale of controlled substances;
(6) the defendant is not charged with an offense involving minors.
In addition to the above conditions, the burden is on the defendant to prove the mitigating factors by clear and convincing evidence. The sentencing judge must find any proven factors constitute a substantial reason to depart from a mandatory minimum sentence. The commonwealth must be provided notice, the opportunity to be heard, and the right to appeal. The departure hearing will be conducted after conviction has been entered, after trial or a plea.
The judge may not depart below the sentencing guidelines after he has departed from the mandatory minimum scheme. If the appropriate grid box contains a sentencing option of incarceration or intermediate sanctions, the court must impose incarceration. The statute will not apply to any crime committed before the date that the guidelines become effective.
Where the judge departs below the mandatory minimum sentence and imposes an incarceration sentence within the guidelines range, the minimum sentence shall be two-thirds of the maximum sentence; the defendant shall be eligible for parole at the expiration of the minimum sentence; and, the defendant shall be eligible for earned good time, work release, and other pre-release programs deemed appropriate by the correctional authority with custody responsibility, notwithstanding the provisions of section 32H of chapter 94C.
Where the judge does not depart below the mandatory minimum sentence the minimum sentence need not be two-thirds of the maximum.
(d) No departures below any mandatory minimum sentence provided for in these enumerated sections are permitted. As set forth in the master crime list, violations of subsection (a) of section 24G of chapter 90, subsection (1) of section 8B of chapter 90B, sections 4B and 6 of chapter 272 are level 6 offenses; violations of subsections (b) and (c) of section 43 of chapter 265, and section 4A of chapter 272 are level 5 offenses; violations of section 4A of chapter 272, subdivision (1) of section 24L of chapter 90, subsection (1) of section 8A of chapter 90B, section 27A and subsection (a) of section 28 of chapter 266, section 39 of chapter 268, and section 7 of chapter 272 are level 4 offenses.
The minimum term of incarceration shall be no less than the mandatory minimum sentence provided in the statutes enumerated in this paragraph. The sentencing judge is required to impose a minimum and a maximum sentence, but the minimum sentence need not be two-thirds of the maximum.
The defendant shall be eligible for parole at the expiration of the minimum sentence. The defendant shall not be eligible for earned good time, work release, and other pre-release programs deemed appropriate by the correctional authority with custody responsibility, until the defendant has served the mandatory minimum sentence.
(e) For those offenses with a statutory minimum sentence, it shall not be considered a departure for the judge to impose a sentence within the sentencing guidelines range, even though the sentence may be below the statutory minimum sentence. Where the statutory minimum sentence exceeds the sentencing guidelines range, the imposition of the statutory minimum sentence shall not constitute a departure from the sentencing guidelines.
Section 9. Notwithstanding paragraph (c) of section 3 of chapter 211E, a judge may impose any sentence which exceeds the statutory maximum term set forth in the statute that establishes the penalty for the particular offense; provided the sentence does not exceed the guidelines range. Notwithstanding any other provision of law, it shall not constitute a departure for a judge to impose the statutory maximum sentence on any defendant in Criminal History Group E.
Section 10. When a district or municipal court judge is imposing a sentence and the sentencing guidelines range in the applicable grid cell exceeds the district and municipal court sentencing jurisdiction of two and one-half years, the sentencing guidelines range shall be an incarceration zone range of 20 to 30 months and it shall not constitute a departure from the sentencing guidelines for a district or municipal court judge to impose a sentence of incarceration from within the 20 to 30 month sentencing guidelines range.
Section 11. Guidelines for sentencing to intermediate sanctions, as defined in section 1 of chapter 211F, are integrated into the sentencing guidelines grid in the discretionary zone or the intermediate sanctions zone as described in section 2.
There are 4 levels of intermediate sanctions consistent with the severity of the restrictions on personal liberty and the intensity of supervision. The 4 levels of intermediate sanctions are integrated as follows:—
(1) Level 1, financial accountability, which represents the level of restriction and accountability that is typically associated with administrative probation. It is primarily designed to monitor the timely payment of restitution, fines, victim/witness fees, and the like, by the offender.
(2) Level 2, standard probation supervision, under which the offender is subject to weekly accountability of his whereabouts. This represents the level of restriction and accountability that is typically associated with standard probation supervision.
(3) Level 3, daily accountability, under which the offender is subject to daily accountability of his whereabouts. Level 3 sanctions may include, but are not limited to, electronic monitoring, daily reporting, reporting on demand, special curfew supervision, and intensive probation supervision. This represents the level of restriction and accountability that falls in between 24 hour restriction and standard probation.
(4) Level 4, 24 hour restriction, under which the defendant is subject to 24 hour restriction and accountability of his whereabouts. Level 4 sanctions may include, but are not limited to, a placement in a halfway house, inpatient alcohol and drug treatment facility, home confinement, electronic monitoring and daily reporting. This represents the maximum level or restriction and accountability short of incarceration.
A sentence to an intermediate sanction shall be imposed as a condition of probation, consistent with the provisions of paragraph (c) of section 3 of chapter 211F. Conditions of probation, including, but not limited to, random drug and alcohol testing, substance abuse counseling, financial restitution and the payment of fines are available at every level. The length of the probation period that may be imposed upon conviction shall be consistent with the provisions of section 87 of chapter 276. The sentencing judge shall specify the intermediate sanction level. The supervising probation officer has the discretion to move a probation down in level or levels in appropriate circumstances, without judicial consultation, consistent with any special conditions or duration of probation specified by the judge. A reduction in the intermediate sanction level by a probation officer shall not go below the guideline levels set forth in the grid cell in which the offender was sentenced.
Section 12. The sentencing guidelines do not apply to a probation revocation hearing. In imposing a sentence at a probation revocation hearing, the judge has the discretion to impose any sentence up to the statutory maximum. When imposing a sentence of incarceration, the judge shall impose both a minimum sentence and a maximum sentence and the minimum sentence must be two-thirds of the maximum sentence.
Section 13. A sentence to a house of correction shall not be suspended in whole, but a sentence to a house of correction may be suspended in part to permit the imposition of a split sentence. In imposing a split sentence, a judge shall impose a minimum and a maximum term as provided by paragraph (a) of section 6 and shall specify the period of incarceration to be served in the house of correction. The judge shall also specify the term of probation to be served subsequent to the period of incarceration.
Section 14. When appropriate, a judge shall order fines or restitution or both as part of any sentence. Restitution to the victim shall be a priority of the judge at the time of sentencing, regardless of whether the offender is incarcerated.
Section 15. In sentencing a defendant after trial or after acceptance of a guilty plea pursuant to either Rule 12 of the Rules of Criminal Procedure or Rule 4(c) of the District/Municipal Court Rules of Criminal Procedure, the court shall comply with the provisions of Rule 28 of the Massachusetts Rules of Criminal Procedure. The judge shall allow both parties to be heard at sentencing on all sentencing issues. In determining the sentence, the judge may rely on any evidence received during the proceedings; any victim impact statement; any presentence report, when the judge requests one; and, any other information the judge deems credible. A sentencing statement shall be completed in accordance with paragraph (h) of section 3 of chapter 211E for each defendant being sentenced. The sentencing judge shall sign the completed sentencing statement and a copy shall be submitted to the Sentencing Commission as provided in paragraph (h) of said section 3 of said chapter 211E.
Section 16. The defendant or the commonwealth may appeal a sentence imposed pursuant to sentencing guidelines, to the extent an appeal is permitted in accordance with the provisions of section 4 of chapter 211E. If an appeal or application is taken by the Commonwealth, the court, upon written motion of the defendant supported by affidavit, shall determine and approve the payment to the defendant of his or her costs of appeal together with reasonable attorney’s fees to be paid on the order of the court upon the entry of the appellate decision in favor of the defendant.

SECTION 19. The sentencing commission established by chapter 432 of the acts of 1993 shall monitor the implementation of the sentencing guidelines for a period of 3 years after the effective date of this act. The sentencing commission shall review the application of the concurrent or consecutive sentencing provisions and the mandatory sentences in the prosecution of controlled substances for fair application of said sections consistent with the spirit and intent of this act.

SECTION 20. The provisions of this act shall take effect on _____________, 2003 and the sentencing guidelines and other related provisions contained herein shall apply to all felonies and misdemeanors committed on or after said date. All offenses committed prior to _____________, 2003 shall be governed by the laws, including, but not limited to, those on sentencing, parole, and probation, in effect at the time the offense is committed.