HOUSE DOCKET, NO. 3432        FILED ON: 1/14/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1539

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act Relative to Prevention of Domestic Abuse..

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. Section 3 of Chapter 209A of the Massachusetts General Laws, as appearing in the _____ Official Edition, is hereby amended by inserting the following text after subsection (i):-

      “(j) in conjunction with any of the above mentioned protections from abuse, the judge may require that the defendant wear an electronic monitoring device and be subject to the provisions of Section 10 of this chapter.”

      SECTION 2. Chapter 209A of the General Laws, as appearing in the 2000 Official Edition, is hereby further amended by inserting at the end thereof the following section:-

      “Section 11. There shall be established in each of the county sheriff’s departments an active electronic monitoring program for prevention of abuse. Said program shall be funded by the Commonwealth and all costs incurred in the procurement of equipment shall be borne by the Commonwealth. There shall be established by said sheriff’s departments statewide regulations and procedures for the implementation of said program.

      The program shall consist of the integration of passive and active electronic monitoring. The passive system shall be able to monitor a defendant’s continued presence in a specific location. The active system shall be able to alert a plaintiff of a defendant’s close proximity to a particular location or individual.

      Pursuant to Section 3(j) of this chapter, a judge may order a defendant to participate in this program. The defendant shall be sent to the local sheriff’s department where said defendant will be outfitted with the necessary equipment. The sheriff’s department shall also provide the plaintiff with the necessary equipment and a list of telephone numbers to call in case of an emergency. Said list shall include, but not be limited to the numbers of the local police, the sheriff’s department and local shelters for battered women.

      Any time a judge orders a defendant to participate in this program pursuant to c. 209A Section 3(j), said judge shall also recommend to the defendant that the defendant attend a recognized batterer’s treatment program pursuant to c. 209A Section 3(i).

      A violation of the order by the defendant which results in the warning of the plaintiff by the electronic monitoring device, may be used as evidence of harassment in violation of M.G.L. c. 265 Section 43.”

      SECTION 3. This act shall take effect upon its passage.