Section 649-101-6 - DISPOSITION1. In many cases, defense counsel's most valuable service to their clients will be rendered at this stage of the proceeding. An important part of representation in a juvenile case is planning for disposition. Defense counsel should not make or agree to a specific dispositional recommendation without the juvenile's consent.2. Preparation. In preparation for a disposition hearing, defense counsel should prepare as for any other evidentiary hearing including the consideration of calling appropriate witnesses, the preparation of evidence in mitigation of or support of the recommended disposition. Among defense counsel's obligations in the disposition processes are:A. To ensure the juvenile is not harmed by inaccurate information or information that is not properly before the court in determining the disposition to be imposed;B. To ensure all reasonably available mitigating and favorable information that is likely to benefit the juvenile is presented to the court;C. To develop a plan which seeks to achieve the least restrictive and burdensome disposition alternative that is most acceptable to the juvenile and which can reasonably be obtained based on the facts and circumstances of the offense and the juvenile's background; andD. To consider preparing any arguments to the judge that highlights the juvenile's strengths and the appropriateness of the disposition plan proposed by the defense.E. In preparing for disposition, defense counsel should also: (1) Explain to the juvenile the nature of the disposition hearing, the issues involved and the alternatives open to the court;(2) Explain fully and candidly to the juvenile the nature, obligations, and consequences of any proposed dispositional plan, including the meaning of conditions of probation or conditional release, the characteristics of any institution to which commitment is possible, and the probable duration of the juvenile's responsibilities under the proposed dispositional plan;(3) When psychological or psychiatric evaluations are ordered by the court or arranged by defense counsel prior to disposition, defense counsel should explain the nature of the procedure to the juvenile and the potential lack of confidentiality of disclosures to the evaluator;(4) Obtain from the juvenile relevant information concerning such subjects as his or her background and personal history, prior criminal or delinquency record, employment history and skills, education, and medical history and condition, and obtain from the juvenile sources through which the information provided can be corroborated;(5) Access social, psychological, psychiatric or other reports. If helpful or necessary, defense counsel should seek to secure the assistance of psychiatric, psychological, medical or other expert personnel to evaluate, consult, or testify to aid the juvenile at disposition;(6) Inform the juvenile of his or her right to speak at the disposition hearing and assist the juvenile in preparing the statement, if any, to be made to the court, considering the possible consequences that any admission of guilt may have upon an appeal, subsequent retrial or trial on other offenses; and(7) Collect documents and affidavits to support the defense position and, where relevant, prepare witnesses to testify at the disposition hearing.3. Disposition Options A. Defense counsel should be familiar with the disposition options applicable to the case, including: (1) Diversionary programs;(3) Probation and permissible conditions of probation;(7) Commitment to the Department of Corrections Juvenile Facility;(8) Custody to the Department of Health and Human Services; and(9) Placement in a residential program.4. The Prosecution's Disposition Position Defense counsel should attempt to determine whether the state attorney will advocate that a particular type or length of disposition be imposed and persuade the state attorney to support the juvenile's requested disposition.
5. Counseling after Disposition When a disposition order has been entered, it is defense counsel's duty to explain the nature, obligations and consequences of the disposition to the juvenile and his or her family. The juvenile should also understand the consequences of a violation of probation, commitment, conditional release, or committing new offense.
94- 649 C.M.R. ch. 101, § 6