Massachusetts - Effect of Participation in Community-Based Restorative Justice Program in Current or Subsequent Legal Proceedings; Confidentiality of Statements Made During the Course of an Assignment to Program

Mass. Gen. Laws Ann. ch. 276B, § 4 (West)

Population: All populations

Legal Features: Admissibility Confidentiality

Law Type: Statute

Excerpt of Relevant Text:

Participation in a community-based restorative justice program shall not be used as evidence or as an admission of guilt, delinquency or civil liability in current or subsequent legal proceedings against any participant. Any statement made by a juvenile or adult defendant during the course of an assignment to a community-based restorative justice program shall be confidential and shall not be subject to disclosure in any judicial or administrative proceeding and no information obtained during the course of such assignment shall be used in any stage of a criminal investigation or prosecution or civil or administrative proceeding; provided, however, that nothing in this section shall preclude any evidence obtained through an independent source or that would have been inevitably discovered by lawful means from being admitted at such proceedings.

Read Full Text of Mass. Gen. Laws Ann. ch. 276B, § 4 (West)