Massachusetts Guide to Evidence 2025 Edition MA R EVID § 529

(1) Any request for an assessment to determine if a juvenile subject to the jurisdiction of the Juvenile Court or an adult defendant would benefit from a pretrial diversion program as defined by G. L. c. 276A, § 5, or G. L. c. 119, § 54A(c)(3), or a decision by the juvenile or defendant not to enter such a program, or a determination that the juvenile or defendant would not benefit from it, or any statement made by the defendant, the juvenile, or the juvenile's family during the course of the assessment, shall not be admissible against the juvenile or defendant in any criminal proceedings.

(2) Any consent by a juvenile or defendant to the stay of proceedings pursuant to their participation in a pretrial diversion program, or any act done or statement made in fulfillment of the terms and conditions of such stay of proceedings, shall not be admissible as an admission, implied or otherwise, against the juvenile or defendant should the stay of proceedings be terminated and delinquency or criminal proceedings resumed on the original charge, charges, or complaint.

(3) No statement or other disclosure or records thereof made by a juvenile or defendant during an assessment to determine if they would benefit from a pretrial diversion program or during the stay of proceedings occasioned by participation in such a program shall be disclosed at any time to a prosecutor or other law enforcement officer in connection with the charge or charges pending against said juvenile, defendant, or any codefendant.

(1) Participation in a community-based restorative justice program as defined by G. L. c. 276B, § 1, 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.

(2) Any statement made by a juvenile or an adult defendant during 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.

(3) No information obtained during an assignment to a community-based restorative justice program shall be used in any stage of a criminal investigation or prosecution or civil or administrative proceeding.

(4) Nothing in this subsection shall preclude any evidence obtained through an independent source or that inevitably would have been discovered by lawful means from being admitted at the proceedings referenced in Subsections (b)(2) and (b)(3).

(1) A request for an examination to determine whether a defendant charged with a drug offense is a drug dependent person, as defined by G. L. c. 111E, § 1, who would benefit from a drug treatment program; any statement made by the defendant during the examination; and any finding of the examiner are not admissible against the defendant in any court proceedings.

(2) A request for an examination to determine whether any person found guilty of a violation of any law other than a drug offense is a drug dependent person, as defined by G. L. c. 111E, § 1, who would benefit from a drug treatment program; any statement made by the person during the examination; and any finding of the examiner are not admissible against the person in any criminal proceeding.