Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately improve the management and administration of the trial court of the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 379 of the acts of 1992 is hereby amended by striking out section 1C and inserting in place thereof the following section:-

Section 1C. Paragraph (c) of subdivision (2) of said section 24 of said chapter 90, as amended by section 4 of chapter 460 of the acts of 1991, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- The registrar, after having revoked the license or right to operate of any person under paragraph (b), in his discretion may issue a new license or reinstate the right to operate to him, if the prosecution has terminated in favor of the defendant.

SECTION 2. Said chapter 379 is hereby further amended by striking out section 5 and inserting in place thereof the following two sections:-

Section 5. Paragraph (4) of subsection (A) of section 3 of chapter 90C of the General Laws, as appearing in section 161 of chapter 138 of the acts of 1991, is hereby amended by striking out, in lines 8, 10 and 25, the word "administrative" and inserting in place thereof, in each instance, the following word:- chief.

Section 5A. Said subsection (A) of said section 3 of said chapter 90C, as so appearing, is hereby further amended by striking out paragraph (5) and inserting in place thereof the following paragraph:-

(5) Questions of law arising in the disposition of a civil motor vehicle infraction in a noncriminal hearing before a justice may be appealed to the appellate division. Such appeals shall be governed by a simplified method of appeal established by rules promulgated by the chief justice of the district court department, subject to the approval of the supreme judicial court. Claims of appeal shall be accompanied by an entry fee in an amount established by the chief justice for administration and management of the trial court. Proceedings under this chapter shall not be reviewable by a civil action in the nature of certiorari.

SECTION 3. Said chapter 379 is hereby further amended by striking out section 20A and inserting in place thereof the following section:-

Section 20A. Section 61 of said chapter 119 is hereby amended by striking out the sixth and seventh paragraphs, as appearing in section 188 of chapter 286 of the acts of 1992, and inserting in place thereof the following two paragraphs:-

If, at the conclusion of the hearing, the court enters a written finding based upon clear and convincing evidence that the child presents a significant danger to the public and that the child is not amenable to rehabilitation within the juvenile justice system, the court shall dismiss the delinquency complaint and cause a criminal complaint to be issued. The case shall thereafter proceed according to the usual course of criminal proceedings and in accordance with the provisions of section thirty of chapter two hundred and eighteen. If the court fails to make such findings the court shall state its reasons in writing and the commonwealth may appeal the decision of the court under the provisions of section twenty-eight E of chapter two hundred and seventy-eight. Any such appeal shall be taken within ten days after the court's failure to make said findings and further proceedings shall be stayed pending the entry of an order of the appellate court. If the time for the commonwealth to appeal expires, or if such appeal is denied then the court shall proceed on the delinquency complaint.

If a child is charged with murder in the first or second degree, manslaughter, or any violation of section eighteen, twenty-two, twenty-two A or twenty-six of chapter two hundred and sixty-five, or section fourteen of chapter two hundred and sixty-six, and a finding of probable cause has been made, there shall exist a rebuttable presumption that the child presents a significant danger to the public and that such child is not amenable to rehabilitation within the juvenile justice system. If, at the hearing, the court enters a written finding based upon a preponderance of the evidence that the child presents a significant danger to the public and that the child is not amenable to rehabilitation within the juvenile justice system, the court shall dismiss the delinquency complaint and cause a criminal complaint to be issued. The case shall thereafter proceed according to the usual course of criminal proceedings and in accordance with the provisions of section thirty of chapter two hundred and eighteen. If the court fails to make such findings the court shall state its reasons in writing and the commonwealth may appeal the decision of the court under the provisions of section twenty-eight E of chapter two hundred and seventy-eight. Any such appeal shall be taken within ten days after the courts failure to make such findings and further proceedings shall be stayed pending the entry of an order of the appellate court. If the time for the commonwealth to appeal expires, or if such appeal is denied then the court shall proceed on the delinquency complaint.

SECTION 4. Said chapter 379 is hereby further amended by striking out sections 89 and 90 and inserting in place thereof the following two sections:-

Section 89. Said chapter 211B is hereby further amended by striking out section 19, added by section 360 of chapter 177 of the acts of 1990, and inserting in place thereof the following section:-

Section 19. The chief justice for administration and management may establish and promulgate rules for a mandatory alternative dispute resolution program for civil actions within the trial court subject to the approval of the supreme judicial court; provided, however, that the parties to a dispute resolution shall not be bound by the results thereof. The chief justice for administration and management shall supervise and establish standards for the implementation of such program and shall further implement a program of certification for all personnel conducting alternative dispute resolution programs in the courts of the commonwealth.

The chief justice of administration and management shall establish a pilot program of alternative dispute resolution within the counties of Bristol, Worcester and Suffolk under his direct supervision. Pursuant to said pilot program, he shall be responsible to fund, coordinate, and evaluate activities of the trial court within said counties to screen and refer cases to alternative dispute resolution. Within said counties, the chief justice for administration and management shall, no later than twelve months from the date of filing any civil litigation which involves a contract claim, tort claim, equitable remedy dispute or other litigation the trial court may determine to be appropriate, be screened for referral to a qualified alternative dispute resolution program. Screening should enable litigants or their attorneys to select among options which include self-directed settlement negotiation, case evaluation, mediation, non-binding arbitration, expert fact finding and binding arbitration. The chief justice for administration and management shall monitor and evaluate the cost, impact and effectiveness of activities undertaken to screen and refer cases to alternative dispute resolution and report annually to the general court on his findings. The annual report should identify unmet needs and promising opportunities for additional screening and referral activities and recommend legislative actions required to implement these activities.

Section 90. Said chapter 211B is hereby further amended by striking out section 20, added by section 260 of chapter 286 of the acts of 1992, and inserting in place thereof the following section:-

Section 20. A chief justice of the trial court may, subject to the approval of the chief justice for administration and management, grant a leave of absence for study, research, teaching, or such other reason as said chief justice deems appropriate to the improved administration of justice, to a judge of said department, said leave to be for a period not to exceed one year. Any judge who takes an approved leave of absence shall not receive pay during the period of the leave of absence; provided, however, that time spent on leave of absence shall be credited to the judge for retirement purposes; provided, further, that for the purposes of eligibility for life insurance and health plans available under chapter thirty-two A, said judge shall be considered an active employee. The chief justice for administration and management, in approving such leaves, shall consider the speedy dispatch of judicial business, including reassignment of judges pursuant to section nine. The chief justice for administration and management, in consultation with the chief justices of the departments of the trial court, shall establish and promulgate standards governing the approval of such leaves including procedures for the submission and disposition of requests for leave.

No leave of absence under this section shall be granted prior to the seventh year of service or within one year of retirement. A judge granted a leave of absence under this section shall not be eligible to take another leave of absence until the expiration of seven years following his return to judicial duties.

All statutory requirements and rules of court pertaining to judges shall continue to be applicable to a judge while he is on leave of absence pursuant to this section.

SECTION 5. Said chapter 379 is hereby further amended by striking out section 124 and inserting in place thereof the following section:-

Section 124. Said chapter 218 is hereby further amended by striking out section 8 and inserting in place thereof the following section:-

Section 8. Each district court shall have a clerk, except that the municipal court of the city of Boston shall have two clerks as provided in section fifty-three. All such clerks shall be appointed by the governor, with the advice and consent of the council. Said clerks shall hold office during good behavior, but subject, however, to retirement under the provisions of any applicable general or special law relative to retirement systems. Said clerk shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping.

Each clerk appointed prior to January first, nineteen hundred and eighty-seven under the authority of this section and serving continuously thereafter shall be entitled to thirty days vacation and thirty days sick leave in each calendar year. Any such clerk may accumulate vacation and sick leave not used in any such year; provided, however, that the total amount of vacation days so accumulated shall not exceed sixty and the total amount of sick leave so accumulated shall not exceed one hundred and eighty days; and, provided further, that no additional such days shall be accumulated on or after said January first except in accordance with the policies and procedures established by the chief justice for administration and management pursuant to section eight of chapter two hundred and eleven B. All other clerks appointed under the authority of this section shall be entitled to vacation leave and sick leave in accordance with the policies and procedures established by the chief justice for administration and management pursuant to said section eight.

SECTION 6. Said chapter 379 is hereby further amended by striking out section 140 and inserting in place thereof the following section:-

Section 140. Said chapter 218 is hereby further amended by striking out section 27, as amended by section 9 of chapter 488 of the acts of 1991, and inserting in place thereof the following section:-

Section 27. They may impose the same penalties as the superior court for all crimes of which they have jurisdiction, except that they may not impose a sentence to the state prison; provided, however, that the divisions of the juvenile court department shall have the power to commit a child adjudicated a delinquent by reason of having violated section one of chapter two hundred and sixty-five and sentenced in accordance with the provisions of section seventy-two of chapter one hundred and nineteen.

SECTION 7. Said chapter 379 is hereby further amended by striking out section 164 and inserting in place thereof the following section:-

Section 164. Said chapter 218 is hereby further amended by striking out section 58, as so appearing, and inserting in place thereof the following section:-

Section 58. The Suffolk county division of the juvenile court department shall consist of seven justices, the Middlesex county division shall consist of five justices, the Worcester county division shall consist of four justices, the Franklin and Hampden counties division shall consist of four justices, the Bristol county division shall consist of three justices, the Essex county division shall consist of three justices, the Norfolk county division shall consist of two justices, the Plymouth county division shall consist of three justices, the Barnstable county and town of Plymouth division shall consist of one justice, and the Berkshire and Hampshire counties division shall consist of one justice, all of whom shall be members of the bar. The chief justice of the district court department may, upon request of the chief justice of the juvenile court department, assign a special justice who is not serving full-time under the provisions of section six A from the district court department to sit in any court of the juvenile court department. The chief justice of the juvenile court department shall have the power to define the duties of said first justices, and shall appoint, from among the justices of the juvenile court department, a first justice for each of the divisions within said department; provided, that appropriate consideration shall be given to seniority, length of service at that particular division, and managerial ability. Each first justice so appointed shall serve as the first justice of that particular division for a five-year term, and shall be eligible to be reappointed for additional five-year terms at that particular division. Any first justice may be removed from his position as first justice by the chief justice of the juvenile court department, when it is determined by the said chief justice to be in the best interests of the administration of justice. Any first justice who is removed from his position as first justice by the chief justice of the juvenile court department may appeal the removal to the chief justice for administration and management, who shall hear and determine the matter.

Citations, orders of notice, writs, executions and all other processes issued by the clerk of each division shall bear the teste of the first justice thereof. The first justice shall be the administrative head of his division; provided, however, that clerks shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping. A first justice or a clerk of the court may submit any dispute that arises between said first justice and said clerk concerning the management and administration of the office of the clerk, the duties, powers and obligations of the clerk, or a member of their staff, or the interpretation of the personnel standards provided for under section eight of chapter two hundred and eleven B, to the chief justice of the department. Any person aggrieved by a decision of a chief justice under this paragraph may appeal said decision to the chief justice for administration and management, who shall, within thirty days, hear and determine the matter.

In the case of the absence, death or removal of a clerk of a division of the juvenile court department, or a vacancy in the position of clerk for any other reason, the chief justice of the juvenile court department may appoint a temporary clerk, to act until the clerk resumes his duties, or until the vacancy is filled. The clerk of the court shall appoint assistant clerks and support personnel in his division, with all of such appointments subject to approval by the chief justice for administration and management with respect to personnel standards as provided in section eight of chapter two hundred and eleven B. In the case of the absence, death or removal of an assistant clerk of a division of the juvenile court department, or a vacancy in the position of assistant clerk for any other reason, the clerk may appoint a temporary assistant clerk, to act until such assistant clerk resumes his duties, or until the vacancy is filled.

Each division shall have a clerk, who shall be appointed by the governor, with the advice and consent of the council and who shall hold office during good behavior, subject, however, to retirement under the provisions of any applicable general or special law relative to retirement systems. The Boston court of the Suffolk county division of the juvenile court department shall have a first assistant clerk and five assistant clerks, who shall be appointed by the clerk of said court, with all such appointments subject to approval by the chief justice for administration and management with respect to personnel standards promulgated under section eight of chapter two hundred and eleven B.

The salaries of the clerks and assistant clerks in the juvenile court department shall be paid by the commonwealth in accordance with the job classification and pay plan established, subject to appropriation, by the chief justice for administration and management.

The clerks and assistant clerks of the juvenile court department shall devote their entire time during ordinary business hours to their respective duties and shall not, directly or indirectly, engage in the practice of law.

Each clerk and assistant clerk of the juvenile court department appointed to such position prior to January first, nineteen hundred and eighty-seven and serving continuously in such position thereafter shall be entitled to thirty days vacation and thirty days sick leave in each calendar year. Each such clerk and assistant clerk may accumulate vacation leave and sick leave not used in any such year; provided, however, that the number of vacation days so accumulated shall not exceed sixty and the total amount of sick leave shall not exceed one hundred and eighty days; and provided, further, that no additional such days shall be accumulated on or after said January first except in accordance with the policies and procedures established by the chief justice for administration and management pursuant to section eight of chapter two hundred and eleven B. Any other clerk and assistant clerk of said department shall be entitled to vacation leave and sick leave in accordance with the policies and procedures established by the chief justice for administration and management pursuant to said section eight.

The first justice of each division of the juvenile court department may, with the approval of the chief justice for administration and management, appoint such official interpreters, or enter into service contracts for telephone-based interpretation services, as he may deem necessary for the sessions of his division. Any such interpreter shall hold his position at the pleasure of said first justice, and shall render such additional services as said first justice may require. Said first justice shall forthwith discharge any such interpreter who is found by him to have requested or received, directly or indirectly, any gratuity, bonus or fee in connection with any case pending or in the course of preparation for presentation to any court. Other interpreters may be employed by the first justice when the services of the official interpreter are not available.

SECTION 8. Said chapter 379 is hereby further amended by striking out section 207 and inserting in place thereof the following section:-

Section 207. Criminal actions commenced in Essex and Hampden counties prior to January first, nineteen hundred and ninety-four shall be governed to conclusion by the provisions of chapter five hundred and thirty-seven of the acts of nineteen hundred and eighty-six.

SECTION 8A. Said chapter 379 of the acts of 1992 is hereby amended by striking section 215 and inserting in place thereof the following section:-

Section 215. A person who retires under the provisions of this act and is eligible to receive payment in lieu of accrued vacation time, unused sick leave or any other severance payment program shall receive fifty percent of the total amount of such payments on July first, nineteen hundred and ninety-four, and the remaining fifty percent on July first, nineteen hundred and ninety-five.

SECTION 8B. Section 215A of chapter 379 of the acts of 1992 is hereby amended by deleting the first sentence and so much of the second sentence up to and including the words "fiscal year nineteen hundred and ninety-three;" and adding the following in place thereof; "Fifty percent of the total premium cost for health insurance provided to any employee who so retires in fiscal year nineteen hundred and ninety-three pursuant to the retirement incentive program shall be paid out of the sums appropriated or otherwise made available to the judiciary for the fiscal year nineteen hundred and ninety-three;".

SECTION 9. Said chapter 379 is hereby further amended by striking out section 226 and inserting in place thereof the following section:-

Section 226. Sections one hundred and ninety-nine and two hundred of this act shall take effect upon its passage and sections one B, one C, eighteen, nineteen, twenty A, twenty-three, sixty-six, one hundred and thirty-nine, one hundred and forty-one, one hundred and forty-two, one hundred and eighty-one to one hundred and eighty-seven, inclusive, and sections one hundred and ninety-three to one hundred and ninety-eight, inclusive, shall take effect on January first, nineteen hundred and ninety-four and shall apply to criminal actions commenced on or after said date. For the purposes of this section and section two hundred and seven commencement of a criminal action shall be defined as the date of arrest, or in cases not initiated by arrest, the date of the issuance of a criminal complaint.

SECTION 10. Said chapter 379 is hereby further amended by striking out section 233 and inserting in place thereof the following section:-

Section 233. Sections seven to seventeen, inclusive, sections twenty, twenty-one and twenty-two, twenty-four to thirty, inclusive, one hundred and forty, one hundred and sixty-two, one hundred and sixty-six, one hundred and sixty-seven and one hundred and eighty shall take effect on July first, nineteen hundred and ninety-three.

SECTION 11. Chapter 276 of the General Laws is hereby amended by striking out sections 98 and 99, as amended by section 191 of chapter 379 of the acts of 1992, and inserting in place thereof the following two sections:-

Section 98. There shall be a commissioner of probation who shall have executive control and supervision of the probation service. He shall be appointed for a term of six years by the chief administrative justice and shall devote his full time during business hours to the duties of his office. The commissioner of probation may appoint an administrative assistant. Said administrative assistant shall perform such duties as the commissioner may from time to time define.

The commissioner, with the approval of the chief administrative justice, shall appoint five deputy commissioners and may, with like approval, for cause, remove them. The commissioner may designate one deputy commissioner as associate commissioner, who shall perform the duties of the commissioner in the absence of the commissioner. Each deputy commissioner shall devote his full time during business hours to the duties of his office.

The commissioner of probation shall appoint four supervisors of court probation services and one assistant supervisor of court probation services. There shall also be a supervisor of probation for the superior court and an assistant supervisor of probation for the superior court designated according to the provisions of section eighty-three.

Said supervisors of court probation services and assistant supervisors of court probation services shall, in addition to other duties imposed upon them by said commissioner, be responsible for the evaluation of the probation service in each court in the commonwealth, for the recruitment, training, educational development and evaluation of the work performance of probation officers. They shall plan, initiate and develop volunteer, diversion and other programs in consultation with probation officers throughout the commonwealth and shall supervise and evaluate all programs within the probation service. Said commissioner may appoint a chief administrative clerk and two senior clerk typists to assist the supervisors of services in the performance of their duties.

The commissioner of probation shall be provided with suitable accommodations in the Suffolk county courthouse or elsewhere, and may, subject to appropriation, employ such assistants as may be necessary for the performance of his duties, including a director of research and other research assistants, and to compile, evaluate and make available for official use and public education the statistical information on delinquency, crime and appropriate family service matters available in his records.

The commissioner of probation, associate commissioner, administrative assistant, deputy commissioners, supervisors of court probation services, the assistant supervisor of court probation services, the supervisor of probation for the superior court and the assistant supervisor of probation for the superior court shall be paid by the commonwealth in accordance with a schedule of salaries as recommended in writing by the chief administrative justice of the trial court and filed with the house and senate committees on ways and means.

Section 99. In addition to other duties that may be imposed upon him, the commissioner of probation shall have executive control and supervision of the probation service and shall supervise the probation work in all of the courts of the commonwealth, and for such purposes, he and his staff shall have access to all probation records of said courts. He shall establish the reports and forms to be maintained in the various tiers of probation offices, the procedures required to be carried out in the various tiers of probation offices, the standards and rules of probation work, including methods and procedures of investigation, mediation, supervision, case work, record keeping, accounting, caseload and case management, to be followed in the various tiers of probation offices, subject to the approval of the chief administrative justice; and shall enforce his requirements regarding reports, procedures, standards and rules to be followed in the various tiers of probation offices by citation for disciplinary action of a probation officer or officers. He shall provide consultation service to all probation offices. He shall qualify or disqualify persons eligible for appointment as probation officers and persons eligible for promotion to the various supervisory probation officer positions, prior to their appointment or designation under section eighty-three, according to standards fixed by the committee on personnel standards, provided, that any applicant disqualified by the commissioner for such appointment or designation shall have the right of appeal to said committee on personnel standards. He shall establish standards and procedures for the performance evaluation of line and supervising probation officers in the various tiers of probation offices. He may recommend to a court or courts the appointment of additional probation or clerical personnel or both, and shall notify the chief administrative justice within thirty days as to the action taken by such court or courts concerning such recommendations. He shall develop and conduct basic orientation and in-service training programs for probation officers, such programs to be held at such times and for such periods as he shall determine. He shall conduct research studies relating to crime and delinquency, and may participate with other public and private agencies in joint research studies.

The commissioner shall receive all notices of intended disciplinary action against a probation officer or supervising probation officer including reprimand, fine, suspension, demotion or discharge, that may be initiated by a justice, supervisor or chief probation officer, shall cause an investigation to be made and a report, with recommendations, to be written. Copies of the report and recommendations shall be furnished to the initiating justice, supervisor or chief probation officer and to the line or supervising probation officer against whom disciplinary action is proposed. If either the complainant or the person complained against declines to accept the commissioner's recommendation as the order of disposition, there shall be full hearing and disposition by the chief administrative justice or his designee. The commissioner of probation may also, for cause, discipline a probation officer or supervising probation officer including reprimand, suspension, demotion or discharge, shall give him notice of the charge and a hearing on same and shall make an order of disposition. The probation officer so disciplined may appeal and shall be entitled to a full hearing and disposition by the chief administrative justice.

To promote the co-ordination and development of the probation service, the commissioner of probation may hold conferences on probation throughout the commonwealth, and may authorize the attendance of any or all justices of the several courts and of any or all probation officers at such conferences or at any other conference within or without the commonwealth which in his judgment will further the interests of the probation service. The traveling expenses of said justices or officers when authorized to attend any such conference shall be paid as the other expenses of the respective courts or offices are paid. Said commissioner of probation shall not promulgate rules and regulations concerning probation offices unless said rules and regulations have been approved in writing by the chief administrative justice. Said justice shall also review for approval or disapproval any such rule or regulation in effect on July one, nineteen hundred and seventy-eight.

SECTION 12. Said chapter 276 is hereby further amended by striking out sections 98 and 99, as most recently amended by section 11 of this act, and inserting in place thereof the following two sections:-

Section 98. There shall be a commissioner of probation appointed by the chief justice for administration and management, who shall have executive control and supervision of the probation service and who shall devote his full-time during business hours to the duties of his office. Subject to the approval and consent of the chief justice for administration and management, the commissioner may appoint deputies, supervisors and assistants necessary for the performance of his duties. Said commissioner, deputies, supervisors and assistants, shall receive a salary to be fixed by the chief justice for administration and management and subject to appropriation. Subject to the approval and direction of the chief justice for administration and management, the commissioner shall perform such duties and responsibilities as otherwise provided by law or as designated from time to time by the chief justice for administration and management, and shall be responsible for: making recommendations to the first justice and the chief justice for administration and management on the appointment of chief probation officers, assistant chief probation officers and probation officers; the supervision and evaluation of all probation programs within the trial court; the evaluation of the probation service in each court of the commonwealth; the compilation, evaluation, and dissemination of statistical information on crime, delinquency, and appropriate family service matters available in his records; the recruitment, training, and educational development of probation officers; the evaluation of the work performance of probation officers; planning, initiating, and developing volunteer, diversion, and other programs in consultation with probation officers throughout the commonwealth.

Section 99. The commissioner of probation shall supervise the probation work in all of the courts of the commonwealth and for such purposes he and his staff shall have access to all probation records of said courts. Subject to the approval of the chief justice for administration and management, the commissioner shall establish reports and forms to be maintained by probation officers; procedures to be followed by probation officers; standards and rules of probation work, including methods and procedures of investigation, mediation, supervision, case work, record keeping, accounting, caseload and case management. The commissioner shall promulgate rules and regulations concerning probation officers or offices provided said rules and regulations have been approved in writing by the chief justice for administration and management subject to chapter one hundred and fifty E. The commissioner shall assist the chief justice for administration and management in developing standards and procedures for the performance evaluation of probation officers, and shall assist each first justice in evaluating the work performance of probation officers. The commissioner shall receive all notices of intended disciplinary action against a probation officer or supervising probation officer including reprimand, fine, suspension, demotion or discharge, that may be initiated by a first justice, supervisor or chief probation officer. The commissioner shall develop and conduct basic orientation and in-service training programs for probation officers, such programs to be held at such times and for such periods as he shall determine. He shall conduct research studies relating to crime and delinquency, and, may participate with other public and private agencies in joint research studies. The commissioner shall have the responsibility for assessing the needs of probation offices and assisting the first justices in this effort. He may recommend to first justices, or the chief justice for administration and management the appointment and assignment of additional probation or clerical personnel or both. The commissioner shall annually submit written budget recommendations for the probation service to the chief justice for administration and management. These recommendations shall be in addition to the budget requests submitted by the first justices on behalf of their respective courthouse or courthouses, including probation offices. The commissioner shall annually conduct regional meetings with chief probation officers to discuss the budget needs of the local probation offices. The commissioner may hold conferences on probation throughout the commonwealth. The traveling expenses of trial court justices or probation officers authorized by the chief justice for administration and management to attend any such conference shall be paid by the commonwealth.

SECTION 13. Sections nine and eleven of this act shall take effect as of January thirteenth, nineteen hundred and ninety-three.

SECTION 14. Section twelve of this act shall take effect on February twelfth, nineteen hundred and ninety-three.