SECTION 1. The second sentence of subsection (3) of section 58A of chapter 276, as appearing in the 2008 Official Edition, is hereby amended by striking out the words “but in absence of good cause, the person so held shall not be detained for a period exceeding ninety days excluding any period of delay as defined in Massachusetts Rules of Criminal Procedure 36(b)(2).”
SECTION 2. The second paragraph of subsection (4) of said section 58A of said chapter 276, as appearing in the 2008 Official Edition, is hereby amended by inserting, after the fifth sentence, the following two sentences:- Prior to calling an alleged victim or member of the victim's family as a witness at said hearing, such person shall make a good faith proffer as to why he reasonably believes that testimony from such witness will in fact support a conclusion that there exist conditions of release that will reasonably assure the safety of any other person or the community. Any purpose other than the purpose for which the hearing is being held including, but not limited to, mere speculation or conjecture, shall not be a sufficient basis for calling an alleged victim or member of the victim's family to testify.
SECTION 3. Said subsection (4) of said section 58A of said chapter 276, as so appearing, is hereby further amended by striking out the last sentence and inserting in its place the following sentence:- The hearing may be reopened before or after a determination by the judge, at any time before trial, if the person or the commonwealth makes a good faith showing, and the judge so finds, that either information exists that was not known at the time of the hearing, or there has been a change of circumstances and that the proffered information or change of circumstances has a material bearing on whether there are conditions of release that will reasonably assure the safety of any other person and the community.
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