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The 192nd General Court of the Commonwealth of Massachusetts

Communication S.1907 187th (2011 - 2012)

Text of the Senate amendment (Ways and Means) to the House Bill relative to the reorganization of the judicial system of the Commonwealth (House, No. 3395)

Senate, Monday, May 16, 2011 - Text of the Senate amendment (Ways and Means) to the House Bill relative to the reorganization of the judicial system of the commonwealth (House, No. 3395)

Bill Information

[Text of proposed amendments to the Senate Bill (offered by Senate committee on Ways and Means) to the reorganization of the judicial system of the Commonwealth (Senate, No. 1907)]


Clerk # 1

Collective Bargaining Clarification

Ms. Clark and Messrs. McGee and Keenan moves to amend the proposed new text Senate, No. 1907 by striking lines 341 through 349 and inserting in place the following new language:-

"Subject to the terms of the applicable collective bargaining agreements, any officer or employee whose appointment is subject to the provisions of this section may be removed by the appointing authority, in accordance with the standards promulgated by the committee. The committee shall also advise the court administrator in the establishment of salaries and pay scales of all court personnel unless otherwise provided by statute."

and in line 475 by inserting the following new words after the word "responsibilities":

"subject to the terms of applicable collective bargaining agreements"

and in line 1243 by inserting the following new words after the word "officers,":

"subject to Chapter 150 E"


Further Clerk # 1.1

For cause clarification

Mr. Keenan moves to further amend Amendment No.1 of the proposed new text Senate, No. 1907 by inserting after the word "removed" the following words:- for cause.


Clerk # 2

TRIAL COURT TRANSFERABILITY

Mr. Tarr moves to amend the proposed new text (Senate, No. 1907) by inserting after section__ the following new section:-

"SECTION__. Notwithstanding subclause (a) of clause (xxiii) of the third paragraph of section 9 of chapter 211B of the General Laws, or any other general or special law to the contrary, the chief justice for administration and management may, from the effective date of this act through June 30, 2012, transfer funds from any item of appropriation within 1 of the 7 departments of the trial court and the office of the commissioner of probation and to any other item of appropriation of the 7 departments or to the office of the commissioner of probation. These transfers shall be made in accordance with schedules submitted to the secretary for administration and finance and the house and senate committees on ways and means. The schedule shall include the following: (1) the amount of money transferred from 1 item of appropriation to another; (2) the reason for the necessity of the transfer; and (3) the date on which the transfer is to be completed. A transfer under this section shall not occur until 10 days after the revised funding schedules have been submitted in written form to the secretary for administration and finance and the house and senate committees on ways and means."


Clerk # 3

COST AND BUDGETARY IMPACT ANALYSIS

Mr. Tarr moves to amend the proposed new text (Senate, No. 1907), by inserting after section__ the following new section:-

"SECTION__. Prior to the implementation of this act, the chief justice of the trial court shall conduct an analysis of the cost and budgetary impacts of the provisions of this act, including but not limited to the displacement of existing court personnel and impacts on the functions and performance of the court and the ability to meet the needs of those it serves in a timely and efficient manner. Said analysis shall be submitted to the clerk of the house and the clerk of the senate no later than six months after the passage of this act."


Clerk # 4

TRIAL COURT AUDITS

Mr. Tarr moves to amend the proposed new text (Senate, No. 1907) by inserting after section __ the following new section:-

"SECTION__. In calendar year 2013, and each calendar year thereafter, the auditor of the Commonwealth and the inspector general shall, jointly and according to one or more methodologies mutually agreed upon, conduct an audit of the trial court which encompasses its several subdivisions and operations. Said audit shall be consistent with generally accepted principles for those of its type, and shall be completed no later than March 31 of the year following the year being audited. Said audit shall be submitted to the chief justice of the supreme judicial court and filed with the clerks of the house and the senate and the ways and means committees of the house and the senate."


Clerk # 5

CREDIT CARD FOR COURT FEES

Mr. Tarr moves to amend the proposed new text (Senate, No. 1907) by inserting after section __ the following new section:-

"SECTION__. Said chapter 262, as appearing in the 2008 Official Edition, is hereby amended by inserting at the end thereof the following sections:-

Section 65. For all fees, fines, costs, assessments and other monies collected by any department of the trial court and payable to the commonwealth under this chapter, the trial court may accept payment by credit card.

Section 66. Notwithstanding any special or general law to the contrary, the trial court may collect an additional reasonable service charge from a person owing the fine, fee, assessment, court cost or other surcharge that chooses to pay by credit card."


Redraft Clerk #6

PROMOTING TRANSPARENCY IN THE APPOINTMENT AND PROMOTION OF PERSONNEL

Mr. Tarr moves to amend the proposed new text (Senate, No. 1907) in Section 53 by striking the language in lines 400-404 and replacing it with the following language:-

"The committee shall advise the court administrator who shall establish and promulgate standards for the appointment, performance, promotion, continuing education and removal of all personnel within the trial court, except judges, clerks and registers of probate. The standards shall ensure that all appointments, promotions and increases in compensation of personnel within the trial court are merit based and maintain internal and external integrity with regard to their processes. Such standards shall be made available to the public and promulgated prominently on the web site of the trial court. The court administrator shall furnish copies of such standards to all divisions or places for holding sessions within the department of the trial court and within 60 days of the implementation of this act furnish copies to the clerk of the house and the clerk of the senate. The court administrator shall also furnish to the clerk of the house and the clerk of the senate the report on the fiscal and organizational state of the trial court referenced in Sub-clause (xii) in subsection 9A in Section 53."


Clerk # 7

COURT VACANCIES

Mr. Tarr moves to amend the proposed new text (Senate, No. 1907), in section 53, by inserting after the words "filled by" in line 376 the following words:- "an interim appointee of".


Clerk # 8

LETTERS OF RECOMMENDATION FOR EMPLOYMENT

Mr. Tarr moves to amend the proposed new text (Senate, No. 1907) in Section 23 by striking all after the word "authority" in line 120 and by inserting in the place thereof the following: "prior to the final phase of the hiring process and until it is demonstrated that the applicant has met all other qualifications and requirements for the position to be filled, including but not limited to the certification prescribed by section 53 of this act."


Clerk # 9

ADVISORY BOARD MEMBERSHIP

Mr. Tarr moves to amend the proposed new text (Senate, No. 1907) by striking section 98A in its entirety and inserting in place thereof the following new section:-

"SECTION 98A. There shall be a board to advise the commissioner of probation and the court administrator. The board shall make recommendations on the management of the office of probation. The board shall consist of 9 members to be appointed by the supreme judicial court: 2 persons who have significant experience in criminal justice, 2 persons who have significant experience in public policy, 2 persons who have significant experience in management, 1 person who has significant experience in human resources management, 1 person who is a member of the Massachusetts bar with active status, and 1 person with significant experience as a probation officer. Upon the expiration of the term of any appointive member, his successor shall be appointed in a like manner for a term of 3 years. In making their initial appointments, the supreme judicial court shall appoint 2 members to serve for a term of 1 year, 4 members to serve for a term of 2 years and 3 members to serve for a term of 3 years.

A person appointed to fill a vacancy on the board shall be appointed in a like manner and shall serve for only the unexpired term of the former member. The maximum amount of time that said members may serve on said board shall be 2 such terms. The board shall annually elect 1 of its members to serve as chair and 1 of its members to serve as vice-chair. The chair shall hold regular meetings, and shall notify all board members of the time and place of all meetings.

Members of the board shall serve without compensation but shall be reimbursed for their expenses actually and necessarily incurred in the discharge of their official duties. The court administrator shall serve as the executive secretary of the board, and the office of probation shall provide, at the request of the board, detailed reports regarding the work of probation in the court.

The board shall advise the commissioner of probation and the court administrator on all matters relative to the management and operation of the probation department. The board shall make recommendations to the commissioner of probation and the court administrator and shall forward such recommendations to the house and senate committees on ways and means."


Clerk # 10

Clerk Examination

Ms. Flanagan moves to amend the proposed new text Senate, No. 1907 by inserting after Section 28 the following 3 sections:

"SECTION 28A. Section 8 of chapter l85C of the General Laws, as so appearing, is hereby amended by striking out the words "the selection, appointment, and management" in third sentence.

SECTION 28B. Section 9 of said chapter l85C, as so appearing, is hereby amended by striking out the words "the selection, appointment, and management" in the fourth sentence.

SECTION 28C. Section 11 of said chapter 185C, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The clerk of a division of the housing court department may, subject to the approval of the court administrator, appoint 1 or more assistant clerks, who shall be removable at his pleasure or at the pleasure of the court administrator.";

And in SECTION 53, lines 630-632, by striking out the words "; and provided further, that this provision shall not apply to a clerk or clerk-magistrate, whether elected or appointed by the governor, register of probate or recorder";

And in SECTION 53, lines 725-729, by striking out the words "; provided, however, that the chief justice shall not have the power to appoint non-judicial personnel serving in the office of a clerk, recorder or register, but shall have the authority to discipline said clerks, recorders and registers and all other personnel in the offices of said clerks, recorders or registers, upon the raising of any dispute between a first justice and a clerk, recorder or register";

And in SECTION 53, in lines 844 and 845, by striking out the words "the selection, appointment, and management";

And by striking out SECTION 54 in its entirety and inserting the following section:-

"SECTION 54. Section 10B of chapter 211B of the General Laws, as so appearing, is hereby amended by striking out the section in its entirety and inserting in place thereof the following words:-

Section 10B. (a) Each applicant for initial appointment as an assistant clerk within the trial court shall pass a written examination established and administered by the court administrator, after consultation with the personnel administrator, who shall determine the form, method and subject matter of the examination. The examination shall test the knowledge, skills, and abilities which can be objectively and reliably measured and which are required to perform the duties of the position of assistant clerk. The court administrator, in consultation with the personnel administrator, shall establish a uniform minimum score needed for further consideration of the applicant for employment as an assistant clerk.

(b) The name of each applicant for initial appointment as an assistant clerk within the trial court successfully completing the examination pursuant to subsection (a) shall be forwarded to the court administrator, or the court administrator’s designee, who shall objectively screen the applicant to determine whether the applicant meets the minimum criteria for appointment as an assistant clerk.

(c) Those applicants successfully passing the examination pursuant to subsection (a) and deemed by the court administrator to have met the minimum criteria for appointment pursuant to subsection (b) shall be subject to an investigative and interview process to be conducted by the clerk of the applicable court which shall include, but not be limited to: (i) inquiry into and review of the applicant’s education, prior work history, and other accomplishments to ensure that the applicant is well suited for the culture of the organization and will further the organization’s stated goals; (ii) behaviorally-based interviews; and (iii) candidate assessments, including case study, presentation and writing assessments; provided, however, that said candidate assessments shall focus on the specific requirements of the position.

(d) Those applicants successfully passing the examination pursuant to subsection (a), deemed by the court administrator to have met the minimum criteria for appointment pursuant to subsection (b), and successfully completing the interview and investigative process pursuant to subsection (c) shall be eligible for appointment by the clerk, subject to the approval of the court administrator. The clerk may appoint assistant clerks to the several sessions of the trial court as he deems necessary in consultation with the court administrator.

(e) Any assistant clerk seeking promotion within the trial court shall pass a written examination established and administered by the court administrator, after consultation with the personnel administrator, who shall determine the form, method, and subject matter of the examination. The examination shall test the knowledge, skills, and abilities which can be objectively and reliably measured and which are required to perform the duties for the position being applied. The court administrator, in consultation with the personnel administrator, shall establish a minimum score needed for further consideration of the applicant for promotion.

(f) The name of each applicant for promotion successfully completing the examination pursuant to subsection (e) shall be forwarded to the court administrator, or his designee, who shall objectively screen the applicant to determine whether the applicant meets the minimum criteria for promotion.

(g) Those applicants successfully passing the examination pursuant to subsection (e) and deemed by the court administer to have met the minimum criteria for promotion pursuant to subsection (f) shall be subject to an investigative and interview process which shall include, but not be limited to: (i) inquiry into and review of the applicant’s education, prior work history and other accomplishments to ensure that the applicant is well suited for the culture of the organization and will further the organization’s stated goals; (ii) behaviorally-based interviews; and (iii) candidate assessments, including case study, presentation and writing assessments; provided, however, that said candidate assessments shall focus on the specific requirements of the position.

(h) Those applicants successfully passing the examination pursuant to subsection (e), deemed by the court administrator to have met the minimum criteria for appointment pursuant to subsection (f), and successfully completing the interview and investigative process pursuant to subsection (g) shall be eligible for promotion by the clerk.

(i) All assistant clerks of the trial court shall devote their full time and attention to the duties of their office during regular business hours.";

And in SECTION 87, lines 1156-1158, by striking out the words "; provided, however, that the clerk shall have responsibility for the internal administration of his office, including the selection, appointment, and management of personnel, staff services and record keeping";

And in SECTION 89, lines 1180 and 1181, by striking out the words "; provided, however, that the clerk of such court shall have responsibility for the internal administration of his office, including personnel, staff services and record keeping";

And after SECTION 90, inserting the following section:-

"SECTION 90A. The second paragraph of section 58 of said chapter 218, as so appearing, is hereby amended by striking out the words "the selection, appointment and management of" in the second sentence."


Clerk #11

RELATIVE TO RECOMMENDATIONS

Ms. Creem, Ms Jehlen, Ms. Chang-Diaz, Mr. Eldridge and Ms. Fargo move to amend the proposed new text Senate, No. 1907 by striking Section 23 and inserting in place thereof the following:-

SECTION 23.The fourth paragraph of section 52C of chapter 149 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by adding the following 2 sentences:-Recommendations for employment provided, either written or orally, in support of candidates who are hired by the commonwealth, including any quasi-public agency of the Commonwealth, in the position to which the recommendations were applicable, shall be considered public records under section 7 of chapter 4 and chapter 66; provided, however that this shall not apply to internal communications; and provided further that for any recommendation not provided in writing, the hiring authority shall record in writing the name of the individual providing such recommendation, the name of the applicable candidate for employment and the position to which the recommendation was applicable. Recommendations for employment provided in support of candidates applying for employment by the commonwealth, including any quasi-public agency of the Commonwealth, shall not be considered by a hiring authority until the end of the hiring process.


Clerk # 12

Intermediate Sanctions for Probation Violations

Ms. Creem and Ms. Fargo moves to amend the proposed new text Senate No. 1907, by inserting at the end thereof the following section:-

SECTION ___. Section 3 of Chapter 279 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out, in lines 14 and 15, the words "such suspension is revoked, the sentence shall be in full force and effect" and inserting in place thereof the following:- the defendant violates a condition of probation, the court may (a) continue him on probation with or without extending the term or modifying or enlarging the conditions; or (b) revoke the sentence of probation and commit the defendant to an intermediate sanctions program or impose all or any portion of the suspended sentence.


Clerk # 13

Public Access to Probation Data

Ms. Creem, Ms. Chang-Diaz, Mr. Eldridge, and Ms. Fargo move to amend the proposed new text Senate No. 1907, by striking sub-section (h) of Section 125 of the bill and inserting in place thereof the following sub-section:-

(h) The commissioner shall report regularly to the public on the progress the office and its divisions are making at achieving stated goals. The report on performance measurements shall be published annually and made available to the public not later than December 31. The report shall also be filed annually with the clerks of the house of representatives and the senate, the chairs of the house and senate committees on ways and means, the house and senate chairs of the joint committee on public safety and homeland security and the house and senate chairs of the joint committee on the judiciary. The commissioner shall be responsible for reporting publicly and transparently and making all reports available through an on-line system. The commissioner must, to the extent practicable, develop partnerships with research institutions to further analyze performance management data. Notwithstanding any other general law to the contrary, aggregate information and data relative to the performance of the probation department, which does not identify any individual, including any probation officer or person on probation, shall be considered a public record, provided further that nothing herein shall limit the disclosure of information already considered to be a public record.


Clerk # 14

Appointment Authority

Mr. Tarr moves to amend the proposed new text (Senate, No. 1907), in section 53, by striking the language of lines 414-422 in its entirety and replacing it with the following language-:

"Subject to the terms of applicable collective bargaining agreements, any officer or employee whose appointment is subject to the provisions of this section may be removed by the appointing authority, in accordance with the standards promulgated by the committee. The committee shall also advise the court administrator in the establishment of salaries and pay scales of all court personnel unless otherwise provided by statute."


Clerk # 15

DUAL SUPERVISION PRACTICES

Mr. Tarr moves to amend the proposed new text (Senate, No. 1907), in section 7, in line 50, by inserting at the end of clause (c) the following language:- "to ensure that said supervision is meted in an orderly and effective manner for those individuals who are subject to dual supervision"


Clerk # 16

PILOT PROGRAMS THAT INCORPORATE EVIDENCE BASED CORRECTIONAL PRACTICES

Messrs. DiDomenico and Petruccelli moves to amend the proposed new text Senate No. 1907 by striking out the language in Section 125 and inserting in place thereof the following:

SECTION 125. Said chapter 276 is hereby further amended by inserting after section 99E, as appearing in the 2008 Official Edition, the following section:-

 

Section 99F. (a) The commissioner of probation shall establish a performance measurement system for the office of probation and any private organizations under contract with the commonwealth to perform services as part of a probationary sentence. The commissioner shall annually establish program goals, measure program performance against those goals and report publicly on the progress to improve the effectiveness of probation programs. The commissioner shall determine the appropriate measures and standards of performance in all categories and reporting on performance trends. Clear measurements shall be developed and effectuated while ensuring that no undue administrative burden is placed on agencies and organizations subject to this section. The performance measurement system shall require each division to develop a strategic plan for program activities and performance goals.

(b) Performance measurements shall include, but not be limited to, the recidivism and violation rate for probationers, probationers’ compliance with court orders, the effectiveness of the probation departments’ provision of information to the court and any other measurements established by the commissioner of probation.

(c) The commissioner shall annually re-evaluate the goals and measures established by the office and monitor the results that the divisions and contractors report. The office shall recommend changes to proposed goals and measures as are appropriate to enhance public safety.

(e) The commissioner shall use the performance measurements established under this section to determine the quality of service of all private entities. The results of such performance measures shall be criteria used in negotiating any contracts, and contracts with private organizations not meeting their performance goals shall be publicly bid upon their expiration. Renewal contracts may also provide incentives to reward reporting in compliance with performance measurements and to reward achievement of specific performance goals.

(f) The commissioner shall consider applications for rehabilitative pilot programs that incorporate evidence based correctional practices. Said applications shall encourage partnerships with the state and can demonstrate an ability to leverage federal and/or private grant opportunities.

(g) The results of such performance measures shall be considered in conducting performance evaluations of staff.

(h) The commissioner shall report regularly to the public on the progress the office and its divisions are making at achieving stated goals. The report on performance measurements shall be published annually and made available to the public not later than December 31. The report shall also be filed annually with the clerks of the house of representatives and the senate, the chairs of the house and senate committees on ways and means, the house and senate chairs of the joint committee on public safety and homeland security and the house and senate chairs of the joint committee on the judiciary. The commissioner shall be responsible for reporting publicly and transparently and making all reports available.

(i) The commissioner shall, to the extent practicable, develop partnerships with research institutions to further analyze performance management data.


Clerk # 17

Relative to Effective Dates

Ms. Creem moves to amend the proposed new text (Senate, No. 1907) by striking out section 56 and inserting in place thereof the following 2 sections:-

"SECTION 56. Said chapter 211B is hereby further amended by inserting after section 10C the following section:-

Section 10D. (a) Each applicant for initial appointment as a court officer within the trial court shall pass a written examination established and administered by the chief justice for administration and management, after consultation with the personnel administrator, who shall determine the form, method and subject matter of the examination. The examination shall test the knowledge, skills and abilities which can be objectively and reliably measured and which are actually required to perform the duties of the position of court officer. The chief justice for administration and management, in consultation with the personnel administrator, shall establish a uniform minimum score needed for further consideration of the applicant for consideration as a court officer.

(b) The name of each applicant for initial appointment as a court officer within the trial court who has successfully completed the examination under subsection (a) shall be forwarded to the chief justice for administration and management or a designee who shall objectively screen the applicant to determine whether the applicant meets the minimum criteria for appointment as a court officer.

(c) Those applicants who have passed the examination under subsection (a) and are deemed by the chief justice for administration and management to have met the minimum criteria for appointment under subsection (b) shall be subject to an investigative and interview process which shall include, but not be limited to: (i) inquiry into and review of the applicant’s education, prior work history and other accomplishments to ensure that the applicant is well suited for the culture of the organization and will further the organization’s stated goals; (ii) behaviorally-based interviews; and (iii) candidate assessments, including case study, presentation and writing assessments; provided, however, that the candidate assessments shall focus on the specific requirements of the position.

(d) Those applicants who have passed the examination under subsection (a) and were deemed by the chief justice for administration and management to have met the minimum criteria for appointment under subsection (b) and who have successfully completed the interview and investigative processes under subsection (c) shall be eligible for appointment by the chief justice for administration and management. The chief justice for administration and management may, notwithstanding any general or special law to the contrary, appoint court officers to the several sessions of the trial court as the chief justice deemsnecessary. .

(e) A court officer seeking a promotion within the trial court shall pass a written examination established and administered by the chief justice for administration and management, after consultation with the personnel administrator, who shall determine the form, method and subject matter of the examination. The examination shall test the knowledge, skills and abilities which can be objectively and reliably measured and which are actually required to perform the duties of the position being applied for. The chief justice for administration and management, in consultation with the personnel administrator, shall establish a uniform minimum score needed for further consideration of the applicant for consideration for promotion.

(f) The name of each applicant for promotion who has successfully completed the examination under subsection (e) shall be forwarded to the chief justice for administration and management or a designee who shall objectively screen the applicant to determine whether the applicant meets the minimum criteria for promotion.

(g) Those applicants who have passed the examination under subsection (e) and were deemed by the personnel administrator to have met the minimum criteria for promotion under subsection (f) shall be subject to an investigative and interview process which shall include, but not be limited to: (i) inquiry into and review of the applicant’s education, prior work history and other accomplishments to ensure that the applicant is well suited for the culture of the organization and will further the organization’s stated goals; (ii) behaviorally-based interviews; and (iii) candidate assessments, including case study, presentation and writing assessments; provided, however, that the candidate assessments shall focus on the specific requirements of the position.

(h) Those applicants who have passed the examination under subsection (e) and were deemed by the chief justice for administration and management to have met the minimum criteria for appointment under subsection (f) and successfully completed the interview and investigative processes under subsection (g) shall be eligible for promotion by the chief justice for administration and management.

(i) All court officers of the trial court shall devote their full time and attention to the duties of their office during regular business hours.

SECTION 56A. Said chapter 211B is hereby further amended by striking out section 10D, as appearing in section 56, and inserting in place thereof the following section:-

Section 10D. (a) Each applicant for initial appointment as a court officer within the trial court shall pass a written examination established and administered by the court administrator, after consultation with the personnel administrator, who shall determine the form, method and subject matter of such examination. The examination shall test the knowledge, skills and abilities which can be objectively and reliably measured and which are actually required to perform the duties of the position of court officer. The court administrator, in consultation with the personnel administrator, shall establish a uniform minimum score needed for further consideration of the applicant for consideration as a court officer.

(b) The name of each applicant for initial appointment as a court officer within the trial court who has successfully completed the examination under subsection (a) shall be forwarded to the court administrator or a designee who shall objectively screen the applicant to determine whether the applicant meets the minimum criteria for appointment as a court officer.

(c) Those applicants who have passed the examination under subsection (a) and were deemed by the court administrator to have met the minimum criteria for appointment under subsection (b) shall be subject to an investigative and interview process which shall include, but not be limited to: (i) inquiry into and review of the applicant’s education, prior work history and other accomplishments to ensure that the applicant is well suited for the culture of the organization and will further the organization’s stated goals; (ii) behaviorally-based interviews; and (iii) candidate assessments, including case study, presentation and writing assessments; provided, however, that the candidate assessments shall focus on the specific requirements of the position.

(d) Those applicants who have passed the examination under subsection (a) and were deemed by the court administrator to have met the minimum criteria for appointment under subsection (b), and who have successfully completed the interview and investigative processes under subsection (c) shall be eligible for appointment by the court administrator. The court administrator may, notwithstanding any general or special law to the contrary, appoint court officers to the several sessions of the trial court as the court administrator deems necessary, in consultation with the chief justice of the trial court.

(e) A court officer seeking a promotion within the trial court shall pass a written examination established and administered by the court administrator, after consultation with the personnel administrator, who shall determine the form, method and subject matter of such examination. The examination shall test the knowledge, skills and abilities which can be objectively and reliably measured and which are actually required to perform the duties of the position being applied for. The court administrator, in consultation with the personnel administrator, shall establish a uniform minimum score needed for further consideration of the applicant for consideration for promotion.

(f) The name of each applicant for promotion who has successfully completed the examination under subsection (e) shall be forwarded to the court administrator or a designee who shall objectively screen the applicant to determine whether the applicant meets the minimum criteria for promotion.

(g) Those applicants who have passed the examination under subsection (e) and were deemed by the personnel administrator to have met the minimum criteria for promotion under subsection (f) shall be subject to an investigative and interview process which shall include, but not be limited to: (i) inquiry into and review of the applicant’s education, prior work history and other accomplishments to ensure that the applicant is well suited for the culture of the organization and will further the organization’s stated goals; (ii) behaviorally-based interviews; and (iii) candidate assessments, including case study, presentation and writing assessments; provided, however, that the candidate assessments shall focus on the specific requirements of the position.

(h) Those applicants who have passed the examination under subsection (e) and were deemed by the court administrator to have met the minimum criteria for appointment under subsection (f) and successfully completed the interview and investigative processes under subsection (g) shall be eligible for promotion by the court administrator.

(i) All court officers of the trial court shall devote their full time and attention to the duties of their office during regular business hours.";

and by striking out section 120 and inserting in place thereof the following 2 sections:- "SECTION 120. Chapter 276 of the General Laws is hereby amended by striking out section 83, as appearing in the 2008 Official Edition, and inserting in place thereof the following section:-

Section 83. (a) Each applicant for initial appointment as a probation officer within the office of the commissioner of probation shall pass a written examination established and administered by the chief justice for administration and management, after consultation with the personnel administrator, who shall determine the form, method and subject matter of such examination. The examination shall test the knowledge, skills and abilities which can be objectively and reliably measured and which are actually required to perform the duties of the position of probation officer. The chief justice for administration and management, in consultation with the personnel administrator, shall establish a uniform minimum score needed for further consideration of the applicant for consideration as a court officer.

(b) The name of each applicant for initial appointment as a probation officer within the office of the commissioner of probation who has successfully completed the examination under subsection (a) shall be forwarded to the chief justice for administration and management or a designee who shall objectively screen the applicant to determine whether the applicant meets the minimum criteria for appointment as a probation officer.

(c) Those applicants who have passed the examination under subsection (a) and deemed by the chief justice for administration and management to have met the minimum criteria for appointment under subsection (b) shall be subject to an investigative and interview process which shall include, but not be limited to: (i) inquiry into and review of the applicant’s education, prior work history and other accomplishments to ensure that the applicant is well suited for the culture of the organization and will further the organization’s stated goals; (ii) behaviorally-based interviews; and (iii) candidate assessments, including case study, presentation and writing assessments; provided, however, that the candidate assessments shall focus on the specific requirements of the position.

(d) Those applicants who have passed the examination under subsection (a) and were deemed by the chief justice for administration and management to have met the minimum criteria for appointment under subsection (b), and who have successfully completed the interview and investigative processes under subsection (c) shall be eligible for appointment by the commissioner as a probation officer. The commissioner may appoint probation officers to the several sessions of the trial court as the commissioner deems necessary, with the approval of the chief justice for administration and management.

(e) A probation officer seeking a promotion within the office of the commissioner of probation shall pass a written examination established and administered by the chief justice for administration and management, after consultation with the personnel administrator, who shall determine the form, method and subject matter of such examination. The examination shall test the knowledge, skills, and abilities which can be objectively and reliably measured and which are actually required to perform the duties of the position being applied for. The chief justice for administration and management, in consultation with the personnel administrator, shall establish a uniform minimum score needed for further consideration of the applicant for consideration for promotion.

(f) The name of each applicant for promotion within the office of the commissioner of probation who has successfully completed the examination under subsection (e) shall be forwarded to the chief justice for administration and management or a designee who shall objectively screen the applicant to determine whether the applicant meets the minimum criteria for promotion.

(g) Those applicants passed the examination under subsection (e) and were deemed by the court administrator to have met the minimum criteria for promotion under subsection (f) shall be subject to an investigative and interview process which shall include, without limitation: (i) inquiry into and review of the applicant’s education, prior work history and other accomplishments to ensure that the applicant is well suited for the culture of the organization and will further the organization’s stated goals; (ii) behaviorally-based interviews; and (iii) candidate assessments, including case studies and presentation and writing assessments; provided, however, that the candidate assessments shall focus on the specific requirements of the position.

(h) Those applicants who have passed the examination under subsection (e) and were deemed by the chief justice for administration and management to have met the minimum criteria for appointment under subsection (f) and successfully completed the interview and investigative processes under subsection (g) shall be eligible for promotion under subsection (i).

(i) In any court having 2 or more probation officers, the first justice, subject to the approval of the chief justice for administration and management and the commissioner of probation, may designate 1 probation officer to serve as chief probation officer and may designate other probation officers to serve as assistant chief probation officers, as the first justice deems necessary for the effective administration of justice.

A first justice may recommend to the commissioner of probation the initiation of

disciplinary proceedings against a probation officer so promoted under this section; provided, however, that such probation officer shall receive a hearing by the commissioner of probation prior to being discharged; and provided further, that such probation officer may appeal any suspension, discipline or discharge to the chief justice for administration and management.

(j) The compensation of probation officers in the trial court shall be paid by the commonwealth according to schedules established in section 99B or in a provision of an applicable collective bargaining agreement.

(k) All probation officers shall devote their full time and attention to the duties of their office during regular business hours.

(l) Probation officers appointed within the probate and family court department of the trial court shall be known as family services officers.

SECTION 120A. Section 83 of said chapter 276, as appearing in section 122, is hereby amended by striking out the words "chief justice for administration and management, each time they appear, and inserting in place thereof, in each instance, the following words: court administrator.";

and by striking out section 124 and inserting in place thereof the following 2 sections:-

"SECTION 124. Said chapter 276 is hereby further amended by striking out sections 98 and 99, as amended by section 103 of chapter 131 of the acts of 2010, and inserting in place thereof the following 3 sections:-

Section 98. There shall be an office of probation which shall be under the supervision, direction and control of a commissioner of probation. The commissioner shall be appointed, and may be removed, by the chief justice for administration and management, with the advice of the chief justice of the juvenile court, the chief justice of the superior court, the chief justice of the district court, the chief justice of the probate and family court and the chief justice of the Boston municipal court. The commissioner shall be a person of skill and experience in the field of criminal justice. The commissioner shall be the executive and administrative head of the office of probation and shall be responsible for administering and enforcing the laws relative to the office of probation and to each administrative unit of the office. The commissioner shall serve a term of 5 years and may be reappointed. The commissioner shall receive such salary as may be determined by law and shall devote full time to the duties of the office. In the case of an absence or vacancy in the office of the commissioner or in the case of disability as determined by the chief justice for administration and management, the chief justice may designate an acting commissioner to serve as commissioner until the vacancy is filled or the absence or disability ceases. The acting commissioner shall have all of the powers and duties of the commissioner and shall have similar qualifications as the commissioner.

Subject to the approval and consent of the chief justice for administration and management, the commissioner may appoint such deputies, supervisors and assistants as may be necessary for the performance of the commissioner’s duties. The deputies, supervisors and assistants shall, subject to appropriation, receive salaries to be fixed by 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. The commissioner shall make recommendations to the chief justice for administration and management on:

(i) the supervision and evaluation of all probation programs within the trial court;

(ii) the evaluation of the probation service in each court of the commonwealth;

(iii) the compilation, evaluation and dissemination of statistical information on crime, delinquency and appropriate family service matters available in the commissioner’s records;

(iv) the recruitment, training and educational development of probation officers;

(v) the evaluation of the work performance of probation officers; and

(vi) planning, initiation and development of volunteer, diversion and other programs in consultation with probation officers throughout the commonwealth.

Section 98A. There shall be an advisory board to assist the commissioner of probation and the chief justice for administration and management with the management of the office of probation. The board shall consist of 7 members to be appointed by the supreme judicial court, 2 of whom shall have significant experience in criminal justice, 2 of whom shall have significant experience in public policy, 2 of whom shall have significant experience in management and 1 of whom shall have significant experience in human resources management. Upon the expiration of the term of a member, a successor shall be appointed in like manner for a term of 3 years.

A person appointed to fill a vacancy on the board shall be appointed in like manner and shall serve for only the unexpired term of the former member. No member shall serve for more than 2 full terms. The board shall annually elect 1 of its members to serve as chair and 1 of its members to serve as vice-chair. The chair shall hold regular meetings and shall notify the board members of the time and place of the meetings.

Members of the board shall serve without compensation but shall be reimbursed for their expenses actually and necessarily incurred in the discharge of their official duties. The chief justice for administration and management shall serve as the executive secretary of the board and the office of probation shall provide, at the request of the board, detailed reports regarding the work of probation in the court.

The board shall advise the commissioner of probation and the chief justice for administration and management on all matters of probation reform. The board shall make recommendations to the commissioner of probation and the chief justice for administration and management and shall forward such recommendations to the house and senate committees on ways and means.

Section 99. The commissioner shall have executive control and supervision of the probation service and shall have the power to:

(1) supervise the probation work in all of the courts of the commonwealth and, for such purposes, the commissioner and the commissioner’s staff shall have access to all probation records of those courts;

(2) subject to the approval of the chief justice for administration and management, establish reports and forms to be maintained by probation officers, establish procedures to be followed by probation officers and establish standards and rules of probation work, including methods and procedures of investigation, mediation, supervision, case work, record keeping, accounting and caseload and case management;

(3) promulgate rules and regulations concerning probation officers or offices; provided, however, that such rules and regulations shall be approved in writing by the chief justice for administration and management subject to chapter 150E;

(4) assist the chief justice for administration and management in developing standards and procedures for the performance evaluation of probation officers and assist each first justice in evaluating the work performance of probation officers;

(5) 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;

(6) 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 the commissioner shall determine;

(7) conduct research studies relating to crime and delinquency; provided, however, that the commissioner may participate with other public and private agencies in joint research studies;

(8) annually submit written budget recommendations for the probation service to the chief justice for administration and management, which shall be in addition to the budget requests submitted by the first justices on behalf of their respective courthouse or courthouses, including probation offices;

(9) annually conduct regional meetings with chief probation officers to discuss the budget needs of the local probation offices; and

(10) hold conferences on probation throughout the commonwealth; provided, however, that 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 124A. Said chapter 276 is hereby further amended by striking out sections 98 to 99, inclusive, as appearing in section 127, and inserting in place thereof the following 3 sections:-

Section 98. There shall be an office of probation which shall be under the supervision, direction and control of a commissioner of probation. The commissioner shall be appointed, and may be removed, by the chief justice of the trial court and the court administrator, with the advice of the chief justice of the juvenile court, the chief justice of the superior court, the chief justice of the district court, the chief justice of the probate and family court and the chief justice of the Boston municipal court. The commissioner shall be a person of skill and experience in the field of criminal justice. The commissioner shall be the executive and administrative head of the office of probation and shall be responsible for administering and enforcing the laws relative to the office of probation and to each administrative unit tof the office. The commissioner shall serve a term of 5 years and may be reappointed. The commissioner shall receive such salary as may be determined by law and shall devote full time to the duties of the office. In the case of an absence or vacancy in the office of the commissioner, or in the case of disability as determined by the chief justice of the trial court, said chief justice may designate an acting commissioner to serve as commissioner until the vacancy is filled or the absence or disability ceases. The acting commissioner shall have all of the powers and duties of the commissioner and shall have similar qualifications as the commissioner.

Subject to the approval and consent of the court administrator, the commissioner may appoint such deputies, supervisors and assistants as may be necessary for the performance of the commissioner’s duties. The deputies, supervisors and assistants shall, subject to appropriation, receive salaries to be fixed by the court administrator. Subject to the approval and direction of the court administrator, the commissioner shall perform such duties and responsibilities as otherwise provided by law or as designated from time to time by the chief justice of the trial court and the court administrator. The commissioner shall make recommendations to the chief justice of the trial court and the court administrator on:

(i) the supervision and evaluation of all probation programs within the trial court;

(ii) the evaluation of the probation service in each court of the commonwealth;

(iii) the compilation, evaluation and dissemination of statistical information on crime, delinquency and appropriate family service matters available in the commissioner’s records;

(iv) the recruitment, training and educational development of probation officers;

(v) the evaluation of the work performance of probation officers; and

(vi) planning, initiation and development of volunteer, diversion and other programs in consultation with probation officers throughout the commonwealth.

Section 98A. There shall be an advisory board to assist the commissioner of probation and the court administrator with the management of the office of probation. The board shall consist of 7 members to be appointed by the supreme judicial court, 2 of whom shall have significant experience in criminal justice, 2 of whom shall have significant experience in public policy, 2 of whom shall have significant experience in management and 1 of whom shall have significant experience in human resources management. Upon the expiration of the term of a member, a successor shall be appointed in like manner for a term of 3 years.

A person appointed to fill a vacancy on the board shall be appointed in like manner and shall serve for only the unexpired term of the former member. No member shall serve for more than 2 full terms. The board shall annually elect 1 of its members to serve as chair and 1 of its members to serve as vice-chair. The chair shall hold regular meetings and shall notify the board members of the time and place of the meetings.

Members of the board shall serve without compensation but shall be reimbursed for their expenses actually and necessarily incurred in the discharge of their official duties. The court administrator shall serve as the executive secretary of the board and the office of probation shall provide, at the request of the board, detailed reports regarding the work of probation in the court.

The board shall advise the commissioner of probation and the court administrator on all matters of probation reform. The board shall make recommendations to the commissioner of probation and the court administrator and shall forward such recommendations to the house and senate committees on ways and means.

Section 99. The commissioner shall have executive control and supervision of the probation service and shall have the power to:

(1) supervise the probation work in all of the courts of the commonwealth and, for such purposes, the commissioner and the commissioner’s staff shall have access to all probation records of those courts;

(2) subject to the approval of the chief justice of the trial court, establish reports and forms to be maintained by probation officers, establish procedures to be followed by probation officers and establish standards and rules of probation work, including methods and procedures of investigation, mediation, supervision, case work, record keeping, accounting and caseload and case management;

(3) promulgate rules and regulations concerning probation officers or offices; provided, however, that such rules and regulations shall be approved in writing by the court administrator subject to chapter 150E;

(4) assist the court administrator in developing standards and procedures for the performance evaluation of probation officers and assist each first justice in evaluating the work performance of probation officers;

(5) 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;

(6) 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 the commissioner shall determine;

(7) conduct research studies relating to crime and delinquency; provided, however, that the commissioner may participate with other public and private agencies in joint research studies;

(8) annually submit written budget recommendations for the probation service to the the court administrator, which shall be in addition to the budget requests submitted by the first justices on behalf of their respective courthouse or courthouses, including probation offices;

(9) annually conduct regional meetings with chief probation officers to discuss the budget needs of the local probation offices; and

(10) hold conferences on probation throughout the commonwealth; provided, however, that the traveling expenses of trial court justices or probation officers authorized by the court administrator to attend any such conference shall be paid by the commonwealth.";

and by striking out section 130; and

and by striking out section 132 and inserting in place thereof the following section:-

"SECTION 132. Sections 1 to 55, inclusive, 56A, 58 to 123, inclusive, 124A, 125 and 131 shall take effect on July 1, 2012."


Clerk #18

COURT CONSOLIDATION

Mr. Tarr moves to amend the proposed new text (Senate, No. 1907) by inserting after section__ the following new section:-

"SECTION__. Notwithstanding any general or special law to the contrary, the chief justice of the trial court, together with the court administrator, shall submit a report to the joint committee on the judiciary and the house and senate committees on ways and means 90 days prior to the temporary closure or the temporary relocation of courthouses; provided further that said report shall include, but not be limited to, the transfer of personnel, the reallocation of resources, the impact on other courthouses resulting from the temporary closure of said court and other factors that may affect implementation of said temporary closure."


Clerk # 19

Court Administrative Public Records

Mr. Eldridge moves to amend the new text Senate, No. 1907 by inserting the following new sections:-

SECTION _. Section 7 of chapter 4 of the General Laws, as so appearing, is hereby further amended by inserting after the word "thereof," at line 131, the following words:-- or of the office of court management or the office of probation.

SECTION _. Section 7 of said chapter 4, as so appearing, is hereby further amended by inserting at the end of subclause (f) of clause twenty-sixth the following words:--

, and information regarding the supervision of individual named probationers; provided that when such information is introduced in a judicial proceeding it shall be publicly accessible in the same manner as other judicial records

SECTION _. Section 100 of said chapter 276 is hereby repealed.


Clerk # 20

PROBATION DEPARTMENT HIRINGS

Mr. Tarr moves to amend the proposed new text (Senate, No. 1907), in section 120, by inserting after the words "court administrator", in line 1112, the following words:- "and the first justice of the applicable court"


Clerk # 21

Corrective Amendment

Mr. Brewer moves to amend the proposed new text Senate, No. 1907 in section 53, by striking, in line 245, the words "for administration and management" and inserting in place thereof the following words:- "of the trial court"; and

in section 57, by striking lines 823 through 829 in their entirety and inserting in place thereof the following words:- "Disputes between the chief justice of the trial court and the court administrator shall be resolved by the chief justice of the supreme judicial court. The decision of the chief justice of the supreme judicial court shall be final and binding."; and

in section 127, by striking, in lines 1312 to 1315, inclusive, the words "2 members shall be appointed by the Senate President neither of whom shall reside in the same congressional district and one of whom shall serve as co-chair, 2 members shall be appointed by the Speaker of the House of Representatives neither of whom shall reside in the same congressional district and one of whom shall serve as co-chair," and inserting in place thereof the following words:- "the house and senate chairs of the joint committee on the judiciary, the Senate President or the Senate President’s designee, who shall serve as co-chair, the Speaker of the House of Representatives or the Speaker’s designee, who shall serve as co-chair,".

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