Chapter 205 of the Acts of 2008, titled "An Act Further Protecting Children," introduces significant reforms to Massachusetts' legal framework regarding child sexual offenses. The bill establishes three new aggravated crimes: Indecent Assault and Battery on a Child, Rape of a Child, and Rape of a Child with Force. It also expands the provisions for repeat offenders and implements six new mandatory sentencing guidelines, with minimum sentences ranging from 10 to 20 years. Jurisdiction for these cases is designated solely to the Superior Court Department, and offenders will be sentenced to the Department of Correction.
The legislation mandates the collection and reporting of data on cases under Chapter 205, utilizing the CARI and MassCourts databases to categorize case dispositions, including dismissed, nolle prosequi, and guilty verdicts. The annual report to the legislature will reflect the most serious disposition for cases with multiple charges and will note instances where offenders are convicted of lesser offenses than those specified by Chapter 205. Additionally, the bill includes a provision for case reviews, allowing for adjustments in sentencing categories based on the nature of the offenses, thereby enhancing the accuracy and clarity of data reporting related to sentencing practices in Massachusetts.