Chapter 205 of the Acts of 2008, titled "An Act Further Protecting Children," seeks to strengthen the prosecution of sexual offenses against children in Massachusetts by introducing three new aggravated crimes: Indecent Assault and Battery on a Child, Rape of a Child, and Rape of a Child with Force. The legislation also expands the provisions for repeat offenders and establishes six mandatory sentencing guidelines, imposing minimum sentences of 10 to 20 years for these offenses. The Superior Court Department is designated as the exclusive jurisdiction for these cases, ensuring that offenders are sentenced to the Department of Correction.
The bill includes a requirement for an annual report to the Joint Committee on the Judiciary, which will provide insights into the implementation and impact of Chapter 205, including statistical data on prosecutions and convictions. The report categorizes defendants based on the nature of their charges and tracks the status of cases, emphasizing the importance of data collection from the CARI and MassCourts databases. Notably, the bill reflects a reclassification of certain cases, changing a 15-year mandatory sentencing category to a 10-year category, thereby updating sentencing practices within the judicial system. Overall, the legislation aims to improve the management and understanding of sex offense cases involving children in Massachusetts.