HOUSE DOCKET, NO. 2496 FILED ON: 1/14/2009
HOUSE . . . . . . . . . . . . . . . No. 1544
|
The Commonwealth of Massachusetts
_______________
In the Year Two Thousand Nine
_______________
An Act relative to the establishment of a drug court..
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Massachusetts General Laws Chapter 212, is hereby amended in Section 6 by inserting at the end thereof the following:—(a) The District Court Department for each county of the Commonwealth is hereby authorized to establish and administer a department to be known as “the Drug Court” whose purpose it shall be to administer and supervise pretrial substance abuse intervention programs for persons charged with a crime, before or after any information has been filed or an indictment has been returned in the District Court. Such programs shall provide appropriate substance abuse counseling, education, supervision, and medical and psychological treatment as available and when appropriate for the persons released to such programs.(b) Any person who (1) has no prior felony conviction and (2) is currently before the court to answer charges dealing with a nonviolent felony or misdemeanor and (3) has not previously participated in the aforementioned pretrial intervention program to be established by this act and (4) is not currently being charged with crimes pertaining to the manufacture, sale, delivery or trafficking of controlled substances of any classification as defined under the applicable, established laws of the Commonwealth is eligible for admission into the pretrial substance abuse intervention program upon approval by the chief justice of the District Court in the presiding county for a period of not less than one year in duration. Admission into such program can be requested on the motion of either party or on the court’s own motion. However, if the prosecuting district attorney has reason to believe that the facts and circumstances of the case suggest the defendant’s involvement in the manufacture, sale, delivery or trafficking of any controlled substance, the court shall hold a preadmission hearing. If the prosecuting district attorney establishes, by a preponderance of the evidence at such hearing, that the defendant was involved in the manufacture, sale, delivery or trafficking of any controlled substance, the court shall deny the defendant’s admission into a pretrial intervention program.As used in this subsection, “nonviolent felony or misdemeanor” excludes arson; sexual battery of any manner; robbery; kidnapping; aggravated child abuse; aggravated assault; murder; manslaughter; aggravated battery; and armed burglary. In no case, however, shall any individual be released to the pretrial intervention program unless, after consultation with his attorney or one made available to him if he or she is indigent, he or she has voluntarily agreed to such program and has knowingly and intelligently waived his right to a speedy trial for the period of his diversion to the Drug Court.(c) The criminal charges against an individual admitted to the program shall be continued without a final disposition for a period of ninety days from the date the defendant was released to the pretrial intervention program, if the defendant’s participation in the program is deemed to be satisfactory by the judge presiding over the case in Drug Court. The criminal charges may be continued without final disposition for an additional ninety days upon the approval of the court following request by the program administrator provided that said request be accompanied with the consent of the prosecuting district attorney and provided that the defendant’s participation in the program has been deemed to be satisfactory by the court following recommendations by the program administrator and district attorney.(d) Resumption of pending criminal charges may be requested by the district attorney at any time if the intervention program administrator or the prosecuting district attorney has reason to believe that such defendant is not in strict compliance with the obligations imposed upon the defendant as a condition to his/her participation in the program or if the public interest so requires. If the district attorney has reason to believe that the defendant is not in strict compliance with program’s guidelines, then he/she shall make a motion to the judge presiding over the Drug Court to initiate normal prosecutorial procedures. Following the filing of such a motion, a hearing shall be scheduled before the presiding “Drug Court” judge who shall then issue an order regarding the proposed resumption of criminal procedure.(e) At the end of the intervention program period, the program administrator shall recommend one of the following courses of action with regard to the defendant’s situation:(1) that the criminal case revert to the established prosecutorial procedures for the particular crime in question in instances where the defendant’s participation in the program has been deemed to be unsatisfactory;(2) that the defendant is in need of further supervision under the guidelines set forth with the Drug Court; or(3) that dismissal of charges without prejudice shall be entered in instances in which prosecution is not deemed necessary.The court shall then consider the recommendation of the program administrator and the recommendation of the prosecuting district attorney as to the disposition of the pending criminal charges. The court shall then determine, by written finding, whether the defendant has successfully completed the pretrial program. If the court finds that the defendant has not successfully completed the pretrial intervention program, the court may order the defendant to continue in education and treatment for a determined length or may order that the criminal charges revert to the established prosecutorial procedures for the particular crime(s) in question. The court shall dismiss the criminal charges upon a finding that the defendant has successfully completed the pretrial intervention program.(f) The Chief Justice in each District Court may appoint an advisory committee for the pretrial intervention program composed of the Chief Justice or his/her designee, who shall serve as chairman; the district attorney, the public defender, and the program administrator, or their designees; and such other persons as the chairman deems appropriate. The committee may also include persons representing any other agencies to which defendants released to the pretrial intervention program may be referred.(g) The District Court department may contract for the services and facilities necessary to operate pretrial intervention programs.