Background
- If a person is alleged to have committed an offense as a juvenile and is not apprehended until after their 19th birthday, a hearing is held pursuant to G.L. c. 119, §72A, also called a “transfer hearing” or a “72A hearing.”
- The Court determines first whether there is probable cause to believe that person committed the offense, and then either orders that the person be discharged, if doing so is consistent with the protection of the public, or if the interests of the public require that the person be tried for the offense, the court shall dismiss the delinquency complaint and cause a criminal complaint to be issued.
- If a criminal complaint is issued, the case proceeds according to the usual course of criminal proceedings.
Table 1: Juvenile Court, 72A transfer hearings, CY 2024
| Result of 72A Transfer Hearing | Number of Cases Scheduled | Percentage of Cases Scheduled |
|---|---|---|
| Pending/ Transfer Hearing Rescheduled | 3 | 14.3% |
| Transferred to Adult (Criminal) Court | 8 | 38.1% |
| Cases Not Transferred to Adult Court | 10 | 47.6% |
| Total | 21 | 100.0% |
Table 2: Juvenile Court, cases not transferred to adult court by lead offense severity and type, CY 2024
| Result of 72A Transfer Hearing/ Lead Offense Severity and Type | Number of Cases | Percentage of Cases |
|---|---|---|
| Not Transferred to Adult Court | 10 | 100.0% |
| Felony- Assault & Battery Offense | 1 | 10.0% |
| Felony- Firearm Offense | 1 | 10.0% |
| Felony- Larceny Offense | 1 | 10.0% |
| Felony- Public Order Offense | 2 | 20.0% |
| Felony- Sex Offense | 4 | 40.0% |
| Misdemeanor- Assault & Battery Offense | 1 | 10.0% |
Table 3: Juvenile Court, transferred to adult court by lead offense severity and type, CY 2024
| Result of 72A Transfer Hearing/ Lead Offense Severity and Type | Number of Cases | Percentage of Cases |
|---|---|---|
| Transferred to Adult (Criminal) Court | 8 | 100.0% |
| Felony- Sex Offense | 7 | 87.5% |
| Misdemeanor- Motor Vehicle Homicide Offense | 1 | 12.5% |
Table 4: Juvenile Court, transferred to adult court by court division, CY 2024
Result of 72A transfer hearings: Transferred to adult (criminal) court
| Court Division | Number of Cases | Percentage of Cases |
|---|---|---|
| Barnstable/ Town of Plymouth Juvenile Court | 2 | 25.0% |
| Berkshire Juvenile Court | 0 | 0.0% |
| Bristol Juvenile Court | 0 | 0.0% |
| Essex Juvenile Court | 0 | 0.0% |
| Franklin/ Hampshire Juvenile Court | 2 | 25.0% |
| Hampden Juvenile Court | 0 | 0.0% |
| Middlesex Juvenile Court | 0 | 0.0% |
| Norfolk Juvenile Court | 2 | 25.0% |
| Plymouth Juvenile Court | 1 | 12.5% |
| Suffolk Juvenile Court | 0 | 0.0% |
| Worcester Juvenile Court | 1 | 12.5% |
| Total | 8 | 100.0% |
Contact
Phone
Address
John Adams Courthouse, One Pemberton Square, G300, Boston, MA 02108
| Date published: | February 1, 2025 |
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