Bill S.2054 187th (2011 - 2012)

[Text of proposed amendments to the Senate Bill relative to habitual offenders, sentencing and improving law enforcement tools (Senate, No. 2054)]

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Clerk #1

Extending parole eligibility to future state-sentenced drug offenders

Mr. Wolf moves that Senate 2054 be amended by inserting after section 6 the following section:-

SECTION 6A.  Subsection (c) of section 32 of Chapter 94C of the General Laws, as so appearing, is hereby amended by striking out, in lines 23-24, the words “if the sentence is to the house of correction.” And further; -

By inserting after section 8 the following section:-

SECTION 8A.  Subsection (e) of section 32A of Chapter 94C of the General Laws, as so appearing, is hereby amended by striking out, in line 48, the words “if the sentence is to the house of correction.” And further;-

By inserting after section 10 the following section:-

SECTION 10A.  Subsection (c) of section 32B of chapter 94C of the General Laws, as so appearing, is hereby amended by striking out, in line 24, the words “if the sentence is to the house of correction.” And further;-

By inserting after section 20 the following section:-

SECTION 20A.  Subsection (d) of section 32E of chapter 94C of the General Laws, as so appearing, is hereby amended by striking out, in line 119, the words “if the sentence is to the house of correction.” And further;-

SECTION 21A.  Section 32J of chapter 94C of the General Laws, as so appearing, is hereby amended by striking out, in line24, the words “if the sentence is to the house of correction.”

Clerk #2

Decriminalization of Minor Offenses

Mr. Michael Moore and Ms. Clark move to amend the bill (Senate No. 2054) by inserting , after section 20, the following 6 sections:-

“SECTION 20A.  Section 21D of chapter 40 of the General Laws, as so appearing, is hereby amended by inserting after the word “of”, in line 2,  the following words:- misdemeanors not ineligible for decriminalization under section 70C of chapter 277, any matters deemed civil infractions by any general or special law, and any.

SECTION 20B.  Said section 21D of said chapter 40, as so appearing, is hereby amended by inserting, after the first paragraph, the following paragraph:-

A police officer taking cognizance of any such violation may request the offender to state the offender’s name and address. Whoever, upon such request, refuses to state such name and address, or states a false name and address or a name and address which is not the offender’s name and address in ordinary use, shall be punished by a fine of not less than $20 nor more than $50. Any such offender who refuses upon such request to state the offender’s name and address or states a false name and address or a name and address which is not the offender’s name and address in ordinary use may be arrested without a warrant.

SECTION 20C. Said section 21D of said chapter 40, as so appearing, is hereby amended by inserting  after the word “a”, in line 7, the following words:- misdemeanor, civil infraction,.

SECTION 20D. Said section 21D of said chapter 40, as so appearing, is hereby amended by striking out, in lines 9 and 10, the words “shall, or, if so provided in such ordinance or by-law, may,” and inserting in place thereof the following word:- may..

SECTION 20E.  Said section 21D of said chapter 40, as so appearing, is hereby amended by inserting after the word “appropriate”, in  line 80,  the following words:- ,misdemeanor, civil infraction,.

SECTION 20F. The seventh paragraph of said section 21D of said chapter 40, as so appearing, is hereby amended by adding the following 2 sentences:- Such persons shall also be punished by a fine of not less than $20 nor more than $50. If the person fails, without good cause, to appear in response to the summons and the court has satisfactory proof of service of said summons, an arrest warrant may be issued and shall be served by any officer authorized to serve criminal process.”

Clerk #3

Notification of Penalties

Mr. Michael Moore moves to amend the bill (Senate, No. 2054) in section 46, in subsection (d) of proposed section 25 of chapter 275 of the General Laws by adding the following sentence:-
“No otherwise valid plea or conviction shall be vacated based upon the failure to give such warnings.”.

Clerk #4

Work release for certain drug offenders serving mandatory minimum sentences

Messrs. Donnelly, Kennedy, Michael Moore and Ms. Spilka move to amend the bill (Senate, No. 2054) by inserting after section 20 the following section:

“SECTION 20A.  Section 32H of said chapter 94C, as so appearing, is hereby amended by striking out, in line 28, the word “or”;

and by inserting, in line 29, after the figure “127”, the following words:-  ; or (4) to engage in employment under a work release program under sections 49, 49A, 86F or 86G of chapter 127.”

Clerk #5

Sentencing of Juveniles

Ms. Chandler and Ms. Creem moved to amend the bill, (Senate, No. 2054) by inserting after section 4 the following section:

“SECTION 4A.  Paragraph 2 of section 4 of chapter 27 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the third sentence the following sentence:- At least one person on said list shall be a professional with not less than five years of experience and training in adolescent development and psychology, and shall be selected from a list of proposed nominees provided by the following organizations: the Massachusetts chapter of the American Academy of Pediatrics; the New England Council of Child and Adolescent Psychiatry, Inc.; the Massachusetts Psychological Association, Inc.; and the Massachusetts Psychiatric Society.”; and

by inserting in Section 29, before the words “Every prisoner,” the following:-“Notwithstanding the provisions of section two of chapter two hundred and sixty-five,”; and

by inserting at Section 29, after the words “first degree murder” the following:- “who committed such offense on or after their eighteenth birthday” and
by inserting after Section 32 the following section:

SECTION 32A.  “Section 133C of said chapter 127, as so appearing, is hereby amended by inserting after the words, “except prisoners serving a life sentence for murder in the first degree” and before the words, “and prisoners” the following:-

who committed such offense on or after their eighteenth birthday,” and

by inserting the following new section:

SECTION XX.  “Notwithstanding the provisions of section two of chapter two hundred and sixty-five or section 133A of chapter 127 of the General Laws, or any other general or special law to the contrary, a person serving a life sentence for murder in the first degree as of the effective date of this act who committed such offense before his eighteenth birthday shall be eligible for parole under section one hundred and thirty-three A of chapter one hundred and twenty-seven when such person has served fifteen years of said confinement.”

Clerk #6

MAINTAINING PAROLE

Ms. Creem moves that the bill (Senate Bill 2054) be amended in section 27 by inserting, at the end thereof, the following:-  In making this determination, the board shall not consider the availability of post-release supervision as authorized under chapter 127A.

Clerk #7

PREVENTING UNNECESSARY OVERDOSE DEATHS

Ms. Creem moves that the bill (Senate Bill 2054) be amended by the addition of the following sections at the end thereof:

SECTION __. Chapter 94C of the General Laws, as appearing the 2008 Official Edition, is hereby amended by inserting the following section:

Section 34A.

(a) A person who, in good faith, seeks medical assistance for someone experiencing a drug-related overdose shall not be charged or prosecuted for possession of a controlled substance pursuant to the provisions of section 34 if the evidence for the charge of possession of a controlled substance was gained as a result of the seeking of medical assistance.

(b) A person who experiences a drug related overdose and is in need of medical assistance shall not be charged or prosecuted for possession of a controlled substance pursuant to section 34 if the evidence for the charge of possession of a controlled substance was gained as a result of the overdose and the need for medical assistance.

(c) The act of seeking medical assistance for someone who is experiencing a drug related overdose may be used as a mitigating factor in a criminal prosecution pursuant to the Controlled Substance Act.

(d) A person who, in good faith, seeks medical assistance for someone experiencing a drug-related overdose shall not be charged or prosecuted for being in possession of a controlled substance pursuant to the provisions of section 35 if the evidence for the charge of being in possession of a controlled substance was gained as a result of the seeking of medical assistance.

(e) A person who experiences a drug related overdose and is in need of medical assistance shall not be charged or prosecuted for being in possession of a controlled substance pursuant to section 35 if the evidence for the charge of being in possession of a controlled substance was gained as a result of the overdose and the need for medical assistance.

(f) Nothing contained herein shall prevent anyone from being charged with trafficking, distribution, and/or possession of a controlled substance with intent to distribute.

(g)  A person acting in good faith may receive a naloxone prescription, possess naloxone, and administer naloxone to an individual appearing to experience an opiate-related overdose.

SECTION __.  Section 19 of Chapter 94C of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by adding after subsection (c) the following subsection:

(d) Naloxone or other opioid antagonist may lawfully be prescribed and dispensed to a person at risk of experiencing an opiate-related overdose or a family member, friend or other person in a position to assist a person at risk of experiencing an opiate-related overdose. For purposes of this chapter and chapter 112, any such prescription shall be regarded as being issued for a legitimate medical purpose in the usual course of professional practice.

Clerk #8

WIRETAPPING IN DRUG INVESTIGATIONS

Ms. Creem moves that the bill (Senate Bill 2054) be amended by striking section 41;

and moves that the bill be further amended, in the second paragraph of section 43, by striking the words “any violation”, and inserting in place thereof the following words:- a violation of section 32E

Clerk #9

REQUIRING NOTICE OF COMPULSORY DNA SUBMISSION

Ms. Creem moves that the bill (Senate Bill 2054) be amended in section 1 by inserting, after the words “to the department”, the following words:- “, and written notification to the offender,”;

and moves that the bill be further amended, in section 4, by striking the word “fails” and inserting in place thereof the following words:- willfully fails

Clerk #10

EXPANDING THE PAROLE BOARD

Ms. Creem moves that the bill (Senate Bill 2054) be amended by the addition of the following sections at the end thereof:

SECTION __. Section 4 of chapter 27 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out, in line 2, the word “seven” and inserting in place thereof the following word:— 15

Clerk #11

Sex Offender in Person Registration

Mr. Ross moves to amend the bill (Senate, No. 2054) by inserting, after SECTION XX, the following new sections:-

“SECTION XX. Section 178E of chapter 6 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting, in line 45, after the words “mailed to the board.”, the following:

The board shall notify the sex offender and the local police department in the city or town in which such sex offender lives or intends to live, or if such sex offender does not reside in the commonwealth, in the city or town in which such sex offender has a secondary address, works or attends an institution of higher learning, that the offender must report in person to that police department, within 2 days of release from custody, to register.

SECTION XX. Section 178F ½ of chapter 6 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting, in line 1, before the words “A sex offender”, the following:

An incarcerated sex offender finally classified by the board as a level 2 or a level 3 sex offender who is required to register pursuant to sections 178C to 178P, inclusive, shall appear in person within 2 days of release from custody  at the local police department in the city or town in which such sex offender lives, or if such sex offender does not reside in the commonwealth, in the city or town in which such sex offender has a secondary address, works or attends an institution of higher learning, to register.”.

Clerk #12

Parole Board Training

Mr. Ross moves to amend the bill (Senate No. 2054) by inserting, after SECTION XX, the following:-

“SECTION XX. Each member appointed to the Board of Parole shall complete a comprehensive training course within ninety days of said appointment.

(1) The Department of Corrections shall develop the comprehensive training course using training components consistent with those offered by the National Institute of Corrections or the American Probation and Parole Association.

(2) Each Parole Board member shall complete a minimum of eight hours of training annually, which shall be provided for in the annual budget of the Department of Corrections.

Clerk #13

Prisoner Medical Release

Mr. Ross moves to amend the bill (Senate No. 2054) by inserting, in line 130, after the word “facility”, the following words:- “and a physician not affiliated with the Department of Corrections”;

and by striking, in line 130, the word “certifies” and inserting in place thereof, the following word:- “certify”.

Clerk #14

Evidence-Based Practices

Mr. Ross moves to amend the bill (Senate No. 2054) by inserting, after SECTION XX, the following new section:-

“SECTION XX. Programs under the jurisdiction of the Massachusetts Department of Corrections receiving state moneys shall employ evidence-based practices in delivery and design of such programs.

(1) As used in this section, the following terms shall have the following meanings:

“Agency” means the Department of Corrections

“Program” means a treatment or intervention program or service that is intended to:

(a) Reduce the propensity of a person to commit crimes;
(b) Improve the mental health of a person with the result of reducing the likelihood that the person will commit a crime or need emergency mental health services; or
(c) Reduce the propensity of a person who is less than 18 years of age to engage in antisocial behavior with the result of reducing the likelihood that the person will become a juvenile offender

“Evidence-based practices” means supervision policies, procedures, programs and practices that scientific research demonstrates reduce recidivism among individuals on probation, parole, or post-release supervision

“Scientifically based research” means research that obtains reliable and valid knowledge by:

(a) Employing systematic, empirical methods that draw on observation or experiment;
(b) Involving rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions draws; and
(c) Relying on measurements or observational methods that provide reliable and valid data across evaluators and observers, across multiple measurements and observations and across studies by the same or different investigators

(2) By December 1 of each year, beginning in 2012, the agency shall submit to the Governor, the General Court, and the Secretary of the Executive Office of Public Safety a comprehensive report on its efforts to implement evidence-based practices to reduce recidivism. The report shall include at a minimum:

1. An assessment of each program on which the agency expends funds including but not limited to whether the program is an evidence-based program;
2. The percentage of state moneys the agency receives for programs that is being expended on programs that are evidence-based, and a list of all programs with identification of which are evidence-based;
3. A description of the efforts the agency is making to meet the requirements of this section including but not limited to specification of supervision policies, procedures, programs and practices that were created, modified, or eliminated;
4. The department shall make the full report and an executive summary available to the general public on its Web site
5. The percentage of individuals receiving services from those programs utilizing evidence-based practices;

(3) The agency may adopt rules necessary to carry out the provisions of this section

Clerk #15

Ensuring Internet Compliance

Messrs. Tarr, Hedlund, Knapik and Ross move to amend the bill (Senate, No. 2054) in Section 28, by inserting after the word “internet”, the following words:- “provided, however, that if not practicable, the board makes available on the internet the reasons it was not practicable.”

Clerk #16

Parole Eligibility

Mr. Eldridge moves that the bill (Senate Bill 2054) be amended by the addition of the following sections at the end thereof:

SECTION __. Subsection (c) of section 32 of chapter 94C of the General Laws, as most recently amended by section 67 of chapter 256 of the acts of 2010, is hereby further amended by inserting after the words “after serving”, the following words:- two-thirds of the minimum term of the sentence if the sentence is to a state prison or after serving. 

SECTION __. Subsection (e) of section 32A of said chapter 94C, as most recently amended by section 68 of said chapter 256, is hereby further amended by inserting after the words “after serving”, the following words:- two-thirds of the minimum term of the sentence if the sentence is to a state prison or after serving.

SECTION __.  Subsection (c) of section 32B of said chapter 94C, as most recently amended by section 69 of said chapter 256, is hereby further amended by inserting after the words “after serving”, the following words:- two-thirds of the minimum term of the sentence if the sentence is to a state prison or after serving.

SECTION __.  Subsection (d) of section 32E of said chapter 94C, as most recently amended by section 70 of said chapter 256, is hereby further amended by inserting after the words “after serving”, the following words:- two-thirds of the minimum term of the sentence if the sentence is to a state prison or after serving.

Clerk #17

Bath Salts

Mr. Timilty moves to amend the bill (S. 2054) by adding at the end thereof the following new section:-

SECTION X.  Section 31 of chapter 94C, as appearing in the 2010 Official Edition, is hereby amended by adding, after the words, “(16) 4-Bromo-2, 5-Dimethoxy-amphetamine”, in line 236,  the following:-

“(17) 3, 4 - methylenedioxymethcathinone, MDMC
(18) 3, 4 - methylenedioxypyrovalerone, MDPV
(19) 4 - methylmethcathinone, 4-MMC
(20) 4 - methoxymethcathinone, bk-PMMA, PMMC
(21) 3, 4 - fluoromethcathinone, FMC
(22) Napthylpyrovalerone, NRG-1
(23) Beta-keto-N-methylbenzodioxolylpropylamine
(24) 2-(methylamino)-propiophenone; OR alpha-(methylamino)propiophenone
(25) 3-methoxymethcathinone
(26) 4-methyl-alpha-pyrrolidinobutyrophenone
(27) 2-(methylamino)-1-phenylpropan-1-one
(28) 4-ethylmethcathinone
(29) 3,4-Dimethylmethcathinone
(30) alpha-Pyrrolidinopentiophenone
(31) beta-Keto-Ethylbenzodioxolylbutanamine
(32) 3,4-methylenedioxy-N-ethylcathinone”.

Clerk #18

Utilizing the Parole Recommendation Panel

Messrs. Tarr, Hedlund, Knapik and Ross moved to amend the bill (Senate, No. 2054) by inserting at the end thereof the following new Section:-

“SECTION__.  Section 4 of Chapter 27 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking, in line 6, the word “may” and inserting in place thereof the following word:- shall

and moves to further amend said section by striking the last sentence of the second paragraph.

Clerk #19

Strengthening Domestic Violence Laws

Ms. Clark moves to amend the bill (Senate, No 2054) by inserting, after Section_, the following section:-

SECTION _. When issuing a temporary or permanent vacate, stay away, restraining or no contact order or judgment issued pursuant to sections 18, 34B or 34C of chapter 208; section 32 of chapter 209; sections 3, 4 or 5 of chapter 209A; section 15 or 20 of chapter 209C; or sections 3, 4, 5, 6, or 7 of chapter 258E; or a temporary restraining order or preliminary or permanent injunction issued by the superior court the court may order the possession, care and control of any animal owned, possessed, leased, kept, or held by either party or a minor child residing in the household to the plaintiff. The court may order the defendant to refrain from abusing, threatening, taking, interfering with, transferring, encumbering, concealing, harming, or otherwise disposing of the animal. 
A person, who qualifies, may petition the court pursuant to sections 18, 34B or 34C of chapter 208; section 32 of chapter 209; sections 3, 4 or 5 of chapter 209A; section 15 or 20 of chapter 209C; or sections 3, 4, 5, 6, or 7 of chapter 258E for an order that the defendant refrain from abusing, threatening, taking, interfering with, transferring, encumbering, concealing, harming, or otherwise disposing of the animal.

The chief justice of administration and management shall amend the relevant complaint forms for chapters 208, 209A, 209C and 258E or shall adopt a form complaint for use under this chapter which shall be in such form and language to permit a plaintiff to prepare and file such complaint pro se.

In all instances where an outstanding warrant exists or a violation of a temporary or permanent vacate, stay away, restraining or no contact order or judgment issued pursuant to sections 18, 34B or 34C of chapter 208; section 32 of chapter 209; sections 3, 4 or 5 of chapter 209A; section 15 or 20 of chapter 209C; or sections 3, 4, 5, 6, or 7 of chapter 258E a judge shall make a finding, based upon all of the circumstances, as to whether an imminent threat of bodily injury exists to the petitioner or to a domesticated animal. In all instances where such an imminent threat of bodily injury to a human being or a domesticated animal is found to exist, the judge shall notify the appropriate law enforcement officials of  such finding and such officials shall take all necessary actions to execute any such outstanding warrant as soon as is practicable.

Clerk #20

Assault and Battery on a Police Officer

Mr. Michael Moore moves to amend the bill (Senate No. 2054) by inserting after section 34 the following section:-

“SECTION 34A. Whoever commits an offense set forth in section 13D of chapter 265 of the General Laws, if the offense includes the attempt to disarm a police officer in the performance of the officer’s duty, shall be punished by imprisonment in the state prison for not more than 10 years, or by a fine of not more than $1,000 and imprisonment in a jail or house of correction for not more than 2½ years.”

Clerk #21

Lowering School Zone from 500ft to 250 ft

Mr. Eldridge moves that the bill (Senate Bill 2054) be amended in SECTION 21 by striking out the number, “500” and inserting in place thereof the number: - 250

Clerk #22

Work Release Programs

Ms. Clark moves to amend the bill (Senate, No. 2054) by inserting after section 20 the following section:

SECTION 20A.  Section 32H of chapter 94C of the General Laws, as so appearing, is hereby amended by striking out, in line 28, the word “or”, and by inserting after the words “chapter 127”, in line 29, the following words:-  ; or (4) to engage in employment pursuant to a work release program under sections 49, 49A, 86F or 86G of chapter 127. 

Clerk #23

Parole Eligibility

Ms. Clark moves to amend the bill (Senate, No 2054) by striking section 49 in its entirety.

by inserting after section 6 the following section:

SECTION 6A. Subsection (c) of section 32 of chapter 94C of the General Laws, as so appearing, is hereby amended by inserting, in lines 23 and 24, after the words “house of corrections” the following words:-  and after serving two-thirds of the maximum term of the sentence if the sentence is to the Department of Corrections or state prison.

by inserting after section 8 the following section:

SECTION 8A. Subsection (e) of section 32A of chapter 94C of the General  Laws, as so appearing, is hereby amended by inserting, in line 48, after the words “house of corrections” the following words:- and after serving two-thirds of the maximum term of the sentence if the sentence is to the Department of Corrections or state prison.

by inserting after section 10 the following section:

SECTION 10A. Subsection (c) of section 32B of chapter 94C of the General  Laws, as so appearing, is hereby amended by inserting, in line 24, after the words “house of corrections” the following words:- and after serving two-thirds of the maximum term of the sentence if the sentence is to the Department of Corrections or state prison.

by inserting after section 20 the following section:

SECTION 20A. Subsection (d) of section 32E of chapter 94C of the General  Laws, as so appearing, is hereby amended by inserting, in line 119, after the words “house of corrections” the following words:- and after serving two-thirds of the maximum term of the sentence if the sentence is to the Department of Corrections or state prison.

by inserting after section 21 the following section:

SECTION 21A. Section (d) of chapter 94C is hereby amended by inserting, in line 24, after the words “house of corrections” the following words:- and after serving two-thirds of the maximum term of the sentence if the sentence is to the Department of Corrections or state prison.

Clerk #24

Separate Incidents

Ms. Clark moves to amend the bill (Senate, No 2054) in section 46, by striking subsection 25(b) in its entirety and inserting in place thereof the following section:-

(b) Whoever: (i) is convicted of section 131M of chapter 140; section 1, 13 or 13½, subsection (b) of section 13A, section 13B, 13B½, 13B¾, 13F, 13H, 13J, 13K, 14 or 15, subsection (a) or (c) of section 15A, subsection (b) of section 15C, 15D, 16, 17, 18, 18A, 18B or 18C, section 21, 21A, 22, 22A, 22B, 22C, 23A, 23B, 24, 24B, 26, 26B, 26C or 28, subsection (b) of section 39 or subsection (b) or (c) of section 43 of chapter 265, section 1, 14, 17, 18, 102, 102A, 102B or 102C of chapter 266, section 10, 10E or subsection (e) of section 12F of chapter 269 or section 3, 4A, 13, 17, 29A, 29B, 29C, 35A or subsection (b) of section 53A of chapter 272; (ii) at the time of the offense has been convicted 2 times previously of 1 or more of the offenses in clause (i), or has been convicted 2 times previously of a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority, based upon charges separately brought and tried, and arising out of separate and distinct incidents that occurred at different times; (iii) has served at least one day of incarceration as a result of each of the prior 2 convictions; and (iv) does not show that he has been pardoned for either prior offense on the ground that he was innocent shall be considered a habitual criminal and punished by imprisonment in the state prison for the maximum term provided by law. No sentence imposed under this section shall be reduced or suspended nor shall such person so sentenced be eligible for probation, parole, work release or furlough or receive any deduction from such person’s sentence for good conduct.

Clerk #25

Clarifying Assault with a Firearm

Messrs. Tarr, Hedlund, Knapik and Ross moved to amend the bill (Senate, No. 2054), by striking in Section 36, proposed section 15E(a) of chapter 269 of the General Laws, and replacing it with the following subsection:-

“(a) Whoever commits an assault upon another by intentionally brandishing a firearm, large capacity weapon, rifle, shotgun, sawed-off shotgun, machine gun or assault weapon, as defined in section 121 of chapter 140, shall be punished by imprisonment in the state prison for not more than 10 years or by imprisonment in the house of correction for not more than 2½ years or by a fine of not more than $5,000, or by both such fine and imprisonment.”

Clerk #26

Redefining the term “wire communication.”

Mr. Baddour moves to amend the bill (Senate, No. 2054) by striking out Section 42 and inserting in place thereof the following section:-

“SECTION 42.  Said section 99 of said chapter 272, as so appearing, is hereby further amended by striking out the definition of “wire communication” and inserting in place thereof the following definition:-

1. The term “wire communication” means any transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception, including the use of such connection in a switching station, furnished or operated by any person engaged in providing or operating such facilities for the transmission of such communications and shall include: (a)  any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system, but shall not include: (i) any communication made through a tone-only paging device; (ii) any communication from a tracking device, defined as an electronic or mechanical device which permits the tracking of the movement of a person or object; or (iii) electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds; and (b) any electronic storage of such communications.”; and

by inserting after Section 43, the following section:-

“SECTION 43A. Said section 99 of said chapter 272, as so appearing, is hereby further amended by inserting, after the word “institution.”, in line 120, the following definition:-

19.  The term “electronic storage” means: (a) any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof; and (b) any storage of such communication by an electronic communication service for purposes of backup protection of such communication.”

Clerk #27

Closing Felon in Possession Loophole

Messrs. Tarr, Hedlund, Knapik and Ross moved to amend the bill (Senate, No. 2054) by inserting, in line 423, after the word “Whoever”, the following words:- “unless lawfully permitted under statute to posses or control”.

Clerk #28

Victim Representative on Parole Board

Messrs. Tarr, Hedlund, Knapik and Ross moved to amend the bill (Senate, No. 2054) by inserting at the end thereof the following new Section:-

“SECTION__.  Section 4 of Chapter 27 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting, in line 30, after the word “Association,”, the following words:- a victim of a crime listed in Section 25 of Chapter 279, or a designated representative set by such a victim or the victim’s family under the auspices or supervision of a victim services program, or a parent, stepparent, guardian or spouse of such victim, or a victim witness advocate,

and further by inserting in said Section 4 of Chapter 27 after the last sentence of the second paragraph the following two sentences:-
Notwithstanding the provisions of this section, one member of the parole board shall be a victim of a crime listed in Section 25 of Chapter 279, or a designated representative set by such a victim or the victim’s family under the auspices or supervision of a victim services program, or a parent, stepparent, guardian or spouse of such victim, or a victim witness advocate.  If at any time, due to a vacancy or otherwise, the board does not contain at least one member representing a victim, as provided above, the board shall not grant any parole permits until the board contains such a member.

Clerk #29

Commission Studying Federal Parole Structure

Messrs. Tarr, Hedlund, Knapik and Ross moved to amend the bill (Senate, No. 2054) by inserting at the end thereof the following new section:-

“SECTION__.  A special commission is hereby established for the purposes of making an investigation and study relative to the feasibility, cost, and effects of adopting the federal parole structure and credit toward early release program, as codified in the Sentencing Reform Act of 1984, P.L. No. 98-473, 98 Stat. 1987. The commission shall consist of: 9 members, one of whom shall be the secretary of the executive office of public safety and security, who shall act as commissioner, 2 members to be chosen by the governor, which members shall first be nominated by the Massachusetts Chiefs of Police Association and the Massachusetts District Attorney Association, 2 members to be chosen by the president of the senate, 2 members to be chosen by the speaker of the house, 1 member to be chosen by the minority leader of the senate, and 1 member to be chosen by the minority leader of the house.

All appointments shall be made not later than 30 days after the effective date of this act.  The chairperson shall meet with the commission not later than 60 days after the effective date of this act. 

Members shall not receive compensation for their services but may receive reimbursement for the reasonable expenses incurred in carrying out their responsibilities as members of the commission. 

Not later than November 1, 2012, the commission shall report to the general court the result of its investigation and study and its recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect by filing the same with the clerk of the house of representatives who shall forward the same to the joint committee on the judiciary. 

Clerk #30

Strengthening Good Time Credits

Messrs. Tarr, Hedlund, Knapik and Ross  moved to amend the bill (Senate, No. 2054) by striking Section 24 in its entirety and replacing it with the following new Section:-

“SECTION 24.  Section 129D of chapter 127 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the words “superintendent of the institution”, in line 10, the following words:- “with the prior approval of the commissioner,”
and further to amend said section by striking out, in line 14, the words “two and one-half” and inserting in place thereof the following figure:- 5”

Clerk #31

Consecutive Sentence for Habitual Violent Criminals

Messrs. Tarr, Hedlund, Knapik and Ross moved to amend the bill (Senate, No. 2054) in Section 46, in proposed Section 25(b) of Chapter 279, by inserting at the end thereof the following sentence:- “A sentence imposed under this section shall run from and after any sentence the defendant is serving at the time of sentencing.”

Clerk #32

TERMINALLY ILL INMATES

Messrs. Tarr, Hedlund, Knapik and Ross moved to amend the bill (Senate, No. 2054) by striking section 23 in its entirety.

Clerk #33

Criminal Record Review

Messrs. Tarr, Hedlund, Knapik and Ross moves to amend the bill (Senate, No. 2054) by inserting, in line 184, after the word “consider”, the following words:- “the entire criminal record of the defendant, provided that such record shall be entered verbally into the record prior to any decision on the granting of a parole permit,”

and to further amend the bill, by inserting, in line 189, after the words “reasons for the decision”, the following new words:- “, including written certification that each board member voting on the issue of granting a parole permit has reviewed the entire criminal record of the applicant,”

Clerk #34

SCHOOL ZONE REDUCTION

Messrs. Tarr, Hedlund and Knapik moved to amend the bill (Senate, No. 2054) by striking section 21 in its entirety.

Clerk #35

DENYING EARLY RELEASE FOR DRUG DEALERS

Messrs. Tarr, Hedlund, Knapik moved to amend the bill (Senate, No. 2054) by striking section 49 in its entirety.

Clerk #36

Participation in work release programs

Mr. Wolf moves that Senate 2054 be amended by inserting after section 20 the following section:-

SECTION 20A.  Section 32H of chapter 94C of the General Laws, as so appearing, is hereby amended by striking out, in line 28, the word “or”, and by inserting after the words “chapter 127”, in line 29, the following words:- or (4) to engage in employment pursuant to a work release program under sections 49, 49A, 86F or 86G of Chapter 127.

Clerk #37

Protecting Lawful Defenders

Messrs. Tarr, Hedlund, Knapik and Moore moved to amend the bill (Senate, No. 2054) by inserting at the end thereof the following new section:-

“SECTION__.  Section 8A of chapter 278 of the General Laws, as appearing in the 2010 official edition, is hereby amended by inserting, at the end thereof, the following sentence:- An act of lawful defense under this section shall not be cause for arrest or prosecution nor for the revocation of a license issued under sections 122, 123, 129B or 131 of Chapter 140.

Clerk #38

Discretion to the Parole Board

Messrs. Tarr, Hedlund and Knapik moved to amend the bill (Senate, No. 2054) by striking the second sentence of SECTION 29 and inserting in place thereof the following sentence:- “The parole board may, within 60 days before the expiration of such minimum term, conduct a hearing, which shall be public and before the full membership unless a member of the board is determined to be unavailable as provided in this section.”

and further to amend the bill by striking, in line 213, the word “shall” and inserting in place thereof following the word:- “may”.

Clerk #39

PAROLE ELIGIBILITY DATE FOR LIFE SENTENCES

Messrs. Tarr, Hedlund, Knapik moved to amend the bill (Senate, No. 2054) in section 45, in line 467, by striking the figure “15” and inserting in place thereof the figure “20”.

Clerk #40

Assault and battery with the attempt to disarm a police officer

Mr. Keenan moves that the proposed new text Senate, No. 2054 be amended, in Section 36, by adding the following section after Section 15G:-

“Section 15H. Any person convicted of violating section 13D where said offense includes the attempt to disarm a police officer in the performance of his duty, shall be punished by imprisonment in the state prison for not more than ten years, or by a fine of not more than one thousand dollars and imprisonment in a jail or house of correction for not more than two and one-half years.”

Clerk #41

Internet Summary of Parole Decision

Messrs. Tarr, Hedlund and Knapik moved to amend the bill (Senate, No. 2054) by inserting at the end thereof the following new Section:-

SECTION__.  Section 127 of chapter 130, as appearing in the 2010 official edition, is hereby amended by inserting in line 7, after the word “Said”, the first word of the third sentence, the following words:- “summary statement and”.

Clerk #42

Parole Board Term Limits

Messrs. Tarr, Hedlund and Knapik moved to amend the bill (Senate, No. 2054) by inserting at the end thereof the following new section:-

“SECTION__.  Section 4 of Chapter 27 of the General Laws, as appearing the 2010 Official Edition, is hereby amended by inserting at the end of the first paragraph the following sentence:- “No member may serve more than two consecutive terms nor more than ten consecutive years on the parole board.”

Clerk #43

Law Enforcement on Parole Board

Messrs. Tarr, Hedlund and Knapik moved to amend the bill (Senate, No. 2054) by inserting at the end thereof the following new Section:-

“SECTION__.  Section 4 of Chapter 27 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting, in line 30, after the word “Association,”, the following words:- one member of local law enforcement authorized to make arrests or serve criminal process,

and further by inserting in said Section 4 of Chapter 27 after the last sentence of the second paragraph the following two sentences:-

Notwithstanding the provisions of this section, two members of the parole board shall have at least five years experience in local law enforcement within the last 10 calendar years, except that one such member may have federal law enforcement experience en lieu of local experience.  All law enforcement members shall have been in good standing with their law enforcement agencies at the termination of their service.   If at any time, due to a vacancy or otherwise, the board does not contain at least one member of law enforcement, as provided above, the board shall not grant any parole permits until the board contains such a member.

Clerk #44

Parole Board Member Removal

Messrs. Tarr, Hedlund and Knapik moved to amend the bill (Senate, No. 2054) by inserting at the end thereof the following new section:-

“SECTION__.  Section 4 of Chapter 27 of the General Laws, as appearing the 2010 Official Edition, is hereby amended by inserting at the end of the first paragraph the following sentence:- “The governor may, with the advice and consent of the council, remove members from the board for cause, upon a written certification of such cause, provided that such member shall have the right to notice and the opportunity for a public hearing before the council relative to such removal.”

Clerk #45

Maintaining Current Drug Sentences

Messrs. Tarr, Hedlund and Knapik moved to amend the bill (Senate, No. 2054) by striking Sections 6-13, inclusive, Section 16-17, inclusive, and Sections 19-20, inclusive.

and to further amend the bill by striking, in Section 14, the figure “2” each time it appears, and inserting in place thereof the following figure:- 3

and further to amend the bill by striking, in Section 15, the figure “3½” each time it appears, and inserting in place thereof the following figure:- 5

and further to amend the bill by striking, in Section 18, in paragraph (1), the figure “3½” each time it appears, and inserting in place thereof the following figure:- 5

and further to amend said section 18 by striking, in paragraph (2), the figure “5” each time it appears, and inserting in place thereof the following figure:- 7

CLERK #46

Notification of Life Sentence Hearing

Messrs. Tarr, Hedlund, Knapik moved to amend the bill (Senate, No. 2054) by inserting at the end thereof the following new section:-

“SECTION__.  Section 133A of Chapter 127 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the word “procedure” at the end of the second paragraph the following words:-

“provided, however, that no hearing shall take place until the parole board has certified in writing its satisfaction of the notification requirements of this paragraph, a copy of which shall be included in the record of such proceeding”

Clerk #47

MAINTAINING CURRENT GOOD TIME CREDITS

Messrs. Tarr, Hedlund and Knapik moved to amend the bill by striking Sections 24, 25, and 26 from the bill in their entirety. 

Clerk #48

Nominating Panel Adjustment

Mr. Tarr moves to amend the bill (Senate, No. 2054) by inserting at the end thereof the following new section:-

“SECTION__.  Section 4 of chapter 27 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out in line 6, the word “five”, and inserting in place thereof the following figure:- 7

And to further amend said section by inserting, in line 8, after the word “association,” the following words:- one member of local law enforcement, one person chosen from a list of three nominees submitted by the Massachusetts District Attorneys Association,”

Clerk #49

Sex Offender Registry Board

Mr. Ross moves to amend the bill (Senate No. 2054) by inserting, after SECTION XX, the following new section:-

“SECTION XX. The sex offender registry board shall prioritize the registration process of sex offenders convicted of 1 or more offenses that the sex offender registry board determines to be a sexually violent offense pursuant to the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, 42 U.S.C. section 14071.”

Clerk #50

Reducing school zones to 100 feet

Mr. Wolf moves that Senate 2054 be amended by striking out section 21 and inserting in place thereof the following section:-

SECTION 21.  Section 32J of said chapter 94C, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “one thousand feet,” and inserting in place thereof the following words:- 100 feet.

Clerk #51

Ensuring adequate resources for mandatory post-release supervision programs of presently incarcerated individuals

Mr. Keenan moves that the proposed new text Senate, No.2054 be amended, in Section 34, by adding the following section after Section 5:-

Section ­_ . Within 120 days of the passage of this act, the department of correction shall prepare a report which identifies individuals who shall be eligible for probation, parole, work release and deductions in sentences for good conduct pursuant to section 49 of this act, with said report to include, among other things, (a) an anticipated schedule of probation, parole, work release and release for each individual, (b) a listing of job training, mental health, substance abuse and recovery-based programs, education programs and any and all other programs in which the individual participated during the individual’s most recent incarceration, and (c), a plan for each individual that will, beyond the provisions of section 34 of this act relative to mandatory post-release supervision, best provide for the successful re-entry of each individual, with said plan to include, among other things, job training, mental health, substance abuse and recovery-based programs, and education programs.  The report shall be submitted to the chairman of the parole board, the executive office of administration and finance, and the chairs of  the house ways and means committee, senate ways and means committee, the joint committee on public safety and the joint committee on mental health and substance abuse. For those individuals identified in accordance with this section, any mandatory post-release supervision required under section 2 of chapter 127 shall include the plan required under this section.

Clerk #52

Closing the Habitual Offender Loophole

Messrs. Tarr, Hedlund, Knapik and Ross moved to amend the bill (Senate, No. 2054) in Section 46, in proposed Section 25(b) of Chapter 279, by striking the following language:-

“(iii) has been sentenced to incarceration for at least 1 day to be served for each of the prior 2 convictions;”

and further to amend said section by striking, in line 487, the term “(iv)” and replacing it with the following term:- (iii)”

Clerk #53

Ensuring Integrity in Wireless Investigations

Mr. Tarr moves to amend the bill (Senate, No. 2054) in Section 43, by inserting in line 461, after the figure “140”, the following words:- provided, however that any investigation targeting a designated offense  as provided for in part (iii) shall result from a knowing license violation.”

Clerk #54

Ensuring adequate resources for mandatory post-release supervision programs

Mr. Keenan moves that the proposed new text Senate, No.2054 be amended, in Section 34, by adding the following section after Section 5:-

Section __.   Within 180 days of the passage of this act, the parole board, in conjunction with the department of correction, the department of mental health and the department of public health shall provide a report to include, among other things, (a) a detailing of currently existing job training, mental health, substance abuse and recovery-based programs, education and all other programs designed to promote the successful re-entry of incarcerated individuals, and the annual costs thereof, (b) a detailing of the costs necessary to implement the mandatory post-release supervision function included in chapter 127A; (c) the projected case load and budget needs of the parole board during the first five years of program implementation. The report shall be submitted to the executive office of administration and finance, and the chairs the house ways and means committee, senate ways and means committee, the joint committee on public safety and the joint committee on mental health and substance abuse.

Clerk #55

TECHNICAL CORRECTION ON MULTIPLE LIFE SENTENCES

Ms. Creem moves that the bill (Senate Bill 2054) be amended in section 45 by inserting, after the word "degree", the following:- , and except in the case of multiple life sentences

Clerk #56

SAFETY VALVE IN THE INTEREST OF JUSTICE

Ms. Creem moves that the bill (Senate Bill 2054) be amended in section 46, line 492, by inserting, after the words "good conduct", the following:- ; provided, however, that such terms shall not apply if the court enters written findings that the evidence indicates they would not be in the interests of justice

Clerk #57

PROMOTING SUCCESSFUL RE-ENTRY

Ms. Creem moves that the bill (Senate Bill 2054) be amended by the addition of the following sections after section 19:

SECTION __.   Section 32H of said chapter 94C, as so appearing, is hereby amended by striking the first instance of the words “work release”.           

SECTION __.   Said section 32H is hereby further amended by inserting, after the words “chapter 127; (3)”, the following text:- to engage in employment pursuant to a work release program in accordance with the provisions of sections 49 , 49A, 86F and 86G of chapter 127 ; or (4)

Clerk #58

Competency

Messrs. Richard T. Moore and Tarr move to amend the bill (Senate, No. 2054) in Section 26, by inserting at the end thereof the following:-
“No prisoner shall be eligible for a reduced sentence under this section unless they have satisfied both the requirements of the program or activity and demonstrated competency in the material as determined by the commissioner.”

Clerk#59

CIVIL INFRACTIONS FOR JUVENILES

Ms. Creem moves that the bill (Senate Bill 2054) be amended by inserting at the end thereof the following sections:

SECTION ___. Section 23 of chapter 90 of the General Laws, as most recently amended by section 67 of Chapter 27 of the Acts of 2009, is hereby further amended by inserting after the words, “not more than $500”, in the first sentence of the second paragraph the following:-

; provided further, that notwithstanding any general or special law to the contrary, a finding of delinquency shall not be entered against any person against whom such a complaint has been issued

SECTION ___. The fourth paragraph of section 34J of said chapter 90 of the General Laws, as most recently amended by section 70 of chapter 27 of the Acts of 2009, is hereby further amended by adding at the end thereof the following:-

; provided further, that notwithstanding any general or special law to the contrary, any person who violates this section and has not been previously determined responsible for or convicted therefor, or against whom a finding of delinquency or a finding of sufficient facts to support a conviction has not previously been rendered, shall not have a finding of delinquency entered against him

SECTION ___. Section 52 of chapter 119 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out the definition of “Delinquent Child” in the second paragraph and inserting in place thereof the following new definition:-

“Delinquent Child”, a child between seven and eighteen who commits any offence against a law of the commonwealth, provided however, that such offense shall not include a civil infraction, a violation of any municipal ordinance or town by-law, or a misdemeanor for which the punishment is a fine, imprisonment in a jail or house of correction for not more than six months, or both such fine and imprisonment.

SECTION ___ Said section 52 of said chapter, as so appearing, is hereby further amended by inserting at the end thereof the following new definition:-

“Civil Infraction”, a violation for which a civil proceeding is allowed, and for which the court shall not appoint counsel, or sentence any term of incarceration.

SECTION ___. Section 53 of chapter 272 of the General Laws, as most recently amended by section 98 of chapter 27 of the Acts of 2009, is hereby further amended by inserting at the end thereof the following new clause:-

(c) Notwithstanding any general or special law to the contrary, any person who violates clause (a) or (b) of this section shall not have a finding of delinquency entered against him.

SECTION ___. Paragraph 1 of section 70C of chapter 277 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out in the second sentence the words:- “chapter 119,”

Clerk #60

Common Defense

Messrs. Richard T. Moore and Tarr move to amend the bill (Senate, No. 2054) by inserting at the end thereof the following new section:-

SECTION __.  Chapter 278 of the general laws, as appearing in the 2010 Official Edition, is hereby amended by striking section 8A in its entirety, and inserting in place thereof the following:-

“Section 8A. It shall be an act of lawful defense if a person, who is an occupant of a dwelling or in any place that they have a right to be, used deadly force, or less than deadly force, if he or she acted in the reasonable belief that an assailant was about to inflict great bodily injury or death upon themselves or upon another person who also had a right to be in the location.  There shall be not duty on a person to retreat from any place that they have a right to be.  An act of law defense as outlined in this section shall not be cause for arrest or prosecution.  Further, an act of lawful defense under this section shall not be cause for the revocation of a license issued under sections 122, 123, 129B or 131 of chapter 140 of the general laws.”;

and further to insert the following new section:-

SECTION __.  Section 85U of chapter 231 of the general laws, as so appearing, is hereby amended by striking, in lines 2-3, the words “to an unlawful occupant of said dwelling”;

And further to amend said section by inserting, in line 3, after the words “lawful occupant”, the following:- “, provided the lawful occupant committed an act of lawful defense as outlined in section 8A of chapter 278”

Clerk #61

Acknowledging Restored Rights

Messrs. Richard T. Moore and Tarr move to amend the bill (Senate, No. 2054) in Section 40, by inserting, in line 423, after the word “Whoever,” the following:- “except as provided or exempted by statute,”

Clerk #62

REPORTING REQUIREMENT

Ms Jehlen moves that the bill (Senate No. 2054) be amended by the addition of the following section at the end thereof:

SECTION __: Not later than December 31, 2012, and annually thereafter, the Department of Corrections shall report to the house and senate committees on ways and means and the joint committee on the judiciary on the number of individuals sentenced under sub-section (b) of section 25 of chapter 279 of the general laws, the number of inmates currently incarcerated in state prisons or county jails who were sentenced under such provision, the number of such inmates who have completed at least half of their sentences*, the number of individuals sentenced under sub-section (a) of section 25 of chapter 279, the number of inmates currently incarcerated in state prisons or county jails who were sentenced under such provision, the number of such inmates who have completed at least half but less than two-thirds of their sentences*, the additional costs of incarcerating all such inmates as a result of this chapter’s amendments to said section 25 of chapter 279, the effect of incarcerating all such inmates on prison and jail overcrowding, on recidivism rates, and on the need for future construction or expansion of prisons and jails, and the total cost of the post-release supervision program created by section 34 of this chapter.

Clerk #63

JEHLEN- REDUCING THE BURDEN OF EXPLODING HEALTH-CARE COSTS

Ms Jehlen moves to amend the bill (Senate. No. 2054) by striking out Section 23 and inserting thereof:-

Chapter 127 of the General Laws is hereby amended by inserting after section 119 the following section:-

SECTION 119A.

(vi)   Whenever the physician of a state correctional facility certifies that a prisoner held therein is suffering from an irreversible or terminal medical condition, disease or syndrome, whether due to advanced age or otherwise, and is so debilitated or physically incapacitated that the prisoner is incapable of presenting a threat to himself or others to a reasonable degree of medical certainty, the commissioner may grant the prisoner a medical release upon the commissioner’s determination that if the prisoner is released, he will live in a facility or nursing home without violating the law and his release will not be incompatible with the welfare of society. The commissioner shall facilitate appropriate community placement for prisoners granted a medical release.

(b) The authority to grant a medical release rests solely within the discretion of the commissioner. No prisoner has the right to medical release or to a medical evaluation to determine eligibility for such release. The commissioner shall adopt policies and procedures necessary to implement the medical release of prisoners to a hospice or nursing care facility

(c) Except as otherwise provided in this section, a person granted a medical release shall be subject to the laws governing parole as if such person were a parolee. The parole board shall impose terms and conditions for such release within 30 days before the commencement of the release. The parole board may revise, alter or amend such terms and conditions at any time.

(d) A person granted medical release under this section shall be under the jurisdiction, supervision and control of the parole board in the same manner as a person under parole supervision. The parole board may establish conditions of release, on an individual basis, to ensure public safety. A person granted medical release who violates a condition of parole supervision shall be subject to section 149 of chapter 127 of the General Laws.

(e) The Commissioner shall give notice of the granting of the medical release to: The prosecuting attorney and the judge of the court in which the person was convicted; and any victim of the person’s crime if alive or the victim’s family if the victim is deceased, whose address is known by the Commissioner.

(f) Notwithstanding any general law or special law to the contrary, no physician or employer of a physician providing a medical diagnosis pursuant to this section shall be held liable, either as an institution or personally, for issuance of a medical diagnosis under this section, if the diagnosis was made in good faith. All such parties, if they have operated in good faith, shall be totally immune from civil or criminal liability as a result of fulfilling this section.

Clerk #64

OPIATE EPIDEMIC

Mr. Keenan moves that the bill be amended in Section 15 by striking the number “3 1/2” as it appears in line 55 and inserting in its place thereof the following: “5”; and

By striking Section 16 and Section 17 in their entirety; and

In Section 18 by striking the number “3 ½” as it appears in line 71 and inserting in its place thereof the following: “5”; and

In said Section 18 by striking the number “5” as it appears in line 74 and inserting in its place thereof the following: “7”; and

By striking Section 19 and Section 20 in their entirety  

Clerk #65

MARIJUANA TRAFFICKING

Mr. Keenan moves that the bill be amended by striking Section 12 and Section 13 in their entirety.

Clerk #66

Reducing the burden of health care costs II

Ms Jehlen moves that the bill (Senate Bill 2054) be amended in section 23 by striking the first sentence and adding the following paragraph:-

The Commissioner shall give notice of the granting of the medical release to: The prosecuting attorney and the judge of the court in which the person was convicted; and any victim of the person’s crime if alive or the victim’s family if the victim is deceased, whose address is known by the Commissioner.

CLERK #67

Correction Commission

Ms Jehlen moves to amend the bill (Senate No. 2054) by adding the following section:-

SECTION XX. Notwithstanding any general or special law to the contrary, the Governor shall convene the Massachusetts Correction Commission to be known hereinafter as “the commission.”  The commission shall be assigned to the executive office of public safety for administrative and fiscal accountability purposes, but it shall otherwise function independently of the control and direction of the executive office of public safety.  The commission shall consist of the secretary of public safety or a designee; the commissioner of probation or a designee; the chairman of the parole board or a designee; the commissioner of mental health or a designee; the commissioner of mental retardation or a designee; the commissioner of public health or a designee, ex officiis. The president of the senate shall appoint 2 members; the speaker house of representatives shall appoint 2 members.  The governor shall appoint 6 members from the following categories: a person to chair the commission who has experience in state government; a district attorney; a public defender; a sheriff; an expert on prisoner re-entry; and a corrections policy expert.  The following organizations shall each make one appointment to the commission: the Women’s Bar Association shall appoint an attorney with experience in women’s prison issues; the Massachusetts Association of Health Plans shall appoint a health care expert; the National Alliance for the Mentally Ill shall make one appointment; the Massachusetts Taxpayers Foundation shall make one appointment; and Massachusetts Correctional Legal Services shall make one appointment. 

The terms of the members appointed shall be three years, except that of the first appointed members seven shall be appointed for a term of two years, seven shall be appointed to a term of three years, the chairperson shall be appointed for a term of three years.  In the first year of appointments, the governor, in consultation with the chairperson, shall determine which members shall serve which terms.

No member of the commission shall be appointed to serve more than two consecutive three-year terms.  Upon the expiration of the term of an appointed member, the successor shall be appointed in a like manner for three years.  A member ex officio shall not be entitled to vote on any matter before the committee. 

Members of the commission shall receive no compensation but each member shall be reimbursed by the commonwealth for necessary expenses incurred in the performance of his or her official duties.  The commission shall adopt bylaws to govern its own proceedings.  Said bylaws shall be submitted for approval by the house and senate committees on post-audit and oversight, the joint committee on public safety and homeland security and the joint committee on the judiciary.

SECTION XX. The commission shall have the following duties:

(a) It shall study the medical services, including mental health and substance abuse treatment services, and educational, vocational, employment and rehabilitation programs available to prisoners;

(b) It shall report annually to the house and senate committees on ways and means and post-audit and oversight, the joint committee on public safety and homeland security and the joint committee on the judiciary on the allocation of resources, specifically fixed and operating costs of any new and preexisting facilities, assets, or personnel utilized by the department of correction.  It shall make recommendations regarding how to allocate such resources in the most efficient and useful manner for both the taxpayer and the offender.   It shall recommend innovative approaches to resolving present and future issues in criminal justice to promote public safety by, but not limited to, modernizing existing facilities, developing alternative sentencing methods to reduce prison overcrowding, reduce recidivism, and improve rehabilitation.

 (c) It shall routinely monitor the financial status of the department of correction to assure that the department is managing revenue, state, federal and grant monies used for the operation of the department, and any applicable bond proceeds responsibly and in accordance with law and established policy;

(d) Annually, each correctional institution of the commonwealth shall be visited by at least one member of the commission.  Every member of the commission shall visit at least one correctional institution of the commonwealth annually;

(e) It shall report on the general state of correctional facilities, the administration of correctional policy and practices, the living conditions of inmates therein, the general state of working conditions for department of correction employees and, where appropriate, the impact of department of correction policies and inmate living conditions upon rates of recidivism and over-classification;

(f) It shall provide public education on corrections and criminal justice issues;

(g) It may review any existing or proposed regulations promulgated or under consideration by the department of correction;

(h) It shall issue public reports annually to the department of correction, the clerks of the house of representatives and the senate, the house and senate committees on ways and means and post-audit and oversight and the Joint Committee on the Judiciary;

(i) It shall advocate on behalf of any recommended reform that should be adopted by the commonwealth;

(j) It shall advise the commissioner of the department of correction on policy development and priorities for department of correction facilities as well as on the department’s compliance with legislative and judicial mandates;

(k) It shall meet at least 6 times per year upon the call of the chairperson, and other meetings may be called by the chairperson upon giving at least 7 days’ notice to all members and the public.  Emergency meetings may be held without any notice upon the request of a majority of all voting members;

(l) All meetings of the commission shall be open to the public and announced through public notice at least 7 days prior to the meeting date.  All inmates housed within department of correction facilities shall be notified of said meetings at least 7 days prior to the meeting date.  The commission shall accept written testimony in the event any individual is unable to attend the meeting.

(m) A majority of the voting membership of the commission shall constitute a quorum at any meeting of the commission.  An action of the commission is not binding unless the action is taken pursuant to an affirmative vote of a majority of voting members present, but not fewer than 8 voting members of the commission must be present, and the vote must be recorded in the minutes of the meeting;

(n) The chairperson shall cause to be made a complete record of all the proceedings of the commission, which record shall be open for public inspection;

(o) It shall hold semi-annual public hearings.  Notice of said public hearings shall be issued at least one month prior to the date of the hearing and shall include information regarding the time and place of the hearing.  Notice of said hearing shall also be posted in a public location in all department of correction facilities and distributed to all inmates of said facilities.  Accommodations shall be made for inmates in the department of correction facilities to testify before the commission at said public hearings utilizing the most current technology.  Written testimony shall be accepted by the commission as well;

(p) It shall appoint an executive director or full time equivalent.  The executive director or full time equivalent shall have the authority to hire support staff as necessary.

SECTION XX. Pursuant to section 63 of chapter 3 of the General Laws, the house and senate committees on post-audit and oversight of the general court in cooperation with the joint committee on public safety and homeland security and the joint committee on the judiciary shall have authority to review regulations proposed or adopted by the department of correction.  The house and senate Committees on post-audit and oversight may hold public hearings concerning a proposed or existing regulation and may submit to the department of correction comments concerning the merit and appropriateness of the regulations to be promulgated and an opinion whether the regulations are authorized by, and consistent with, these chapters.  The department of correction shall respond in writing within 10 days to the house and senate committees on post-audit and oversight written questions relevant to the committee's review of a proposed or existing regulation.  The department of correction shall provide to the house and senate committees on post-audit and oversight, without charge, copies of all public records in the department of correction's custody relating to the regulation or action in question within 10 days of a request by the house and senate committees on post-audit and oversight.  The house and senate committees on post-audit and oversight may issue reports with proposed changes to a proposed or existing regulation and shall transmit this report to the department of correction.  If the department of correction does not adopt the proposed changes contained in the house and senate committees on post-audit and oversight’s reports, the department of correction shall notify the committee in writing of the reasons why it did not adopt the changes either at the time it adopts a proposed regulation or within 21 days of receiving the committee's report on an existing regulation.

SECTION XX. There is hereby appropriated $200,000 from the executive office of public safety
for the establishment, operation, and management of said commission.       

CLERK #68

Clarifying focus to adults only

Ms. Jehlen moves that the bill (Senate No. 2054) be amended by striking in section 46 the words:- “a delinquent child” and inserting in place thereof, “or convicted on or before such person’s eighteenth birthday.”

Clerk #69

RELATIVE TIME SPENT UNDER POST-RELEASE SUPERVISION

Ms. Jehlen moves to amend Senate bill (no. 2054) in Section 34, line 270 by striking out before the word, “spent”, the word, “successfully”.

Clerk #70

PRESCRIPTION DRUG ABUSE EPIDEMIC

Mr. Keenan moves that the bill be amended by striking Sections 6 through 10 in their entirety.

CLERK #71

DNA Databases

Mr. Baddour moves to amend the bill (Senate, No. 2054), by inserting the following new section:-

“SECTION 2A. Section 4 of said chapter 22E, as so appearing, is hereby further amended by striking out, in line 5, the word “licensed” and inserting in place thereof the following word: - approved.”

and by striking out section 4, and inserting in place thereof the following:-

“SECTION 4. Section 11 of said chapter 22E, as so appearing, is hereby amended by striking out, in line 2, the word “refuses to provide such DNA sample”, and inserting in place thereof the following word:- fails to provide such DNA sample within 1 year of conviction, adjudication or  release from custody, as required by section 3, whichever occurs first.”;

Clerk #72

Mandatory Release Transition Plan

Ms. Jehlen moves to amend the bill, (Senate No. 2054) in Section 34:-

by inserting, in line 258, after the word “sanctions” the following words:- “as well as incentives”;

by striking, in line 259, the second appearance of the word “and”;

by inserting, in line 261, after the word “supervision” the following words:- “and (iv) require, at least 30 days before the scheduled release date, the creation of a transitional plan with each individual addressing housing, employment, substance abuse, and any other topic deemed relevant by the commissioner.  Parole officers shall provide assistance and guidance to individuals, as needed, relative to employment, housing, education, counseling, substance abuse treatment and required testing programs.”  

Clerk #73

No Incarceration for Non-Criminal Violations

Ms. Jehlen moves to amend the bill, (Senate No. 2054) in Section 34:-

by striking, in line 274, the words “or revocation”;

by striking, in line 275, the words “or revocation”;

by striking, in lines 279 to 284, the words “or, upon a determination that such alternative sanctions are not appropriate, incarcerated as follows: for a first violation, for not more than 2 months or the maximum remaining period of post-incarceration supervision, whichever is less; for a second violation, for not more than 6 months or the maximum remaining period of post-incarceration supervision, whichever is less; for a third or subsequent violation, for not more than 12 months or the maximum remaining period of post-incarceration supervision, whichever is less” and inserting in place thereof the following words:- “but under no circumstances shall a violation not otherwise constituting criminal offense result in the incarceration of the individual.”;

by striking, in line 284 to 285, the words “in which the individual is not being incarcerated for a violation”;

by striking, in lines 290 to 291, the words “ and the individual is not incarcerated for the violation”;

by striking, in lines 293 to 295, the words “For any violation of the conditions of mandatory post-release supervision, the period of supervision shall be stayed during a period of incarceration and it shall be resumed upon release.”

Clerk #74

Reentry and Rehabilitation Program

Ms. Jehlen moves to amend the bill, (Senate No. 2054) by inserting the following:-

Section XX. The General Laws are hereby amended by inserting in chapter 124, Section 1 the following subsection:-

(v) promulgate regulations to develop, implement, coordinate and monitor a comprehensive, collaborative, seamless, reentry strategy which promotes successful transition of the offender population to promote public safety and reduce recidivism by collaborating with county, state, community and faith-based agencies in areas including, but not limited to, housing, employment, medical and mental health care, substance abuse treatment, education and related transitioning programming.  The reentry process should begin upon an inmate’s commitment to the Department and continue until the inmate is discharged from supervision into the community.

Clerk #75

Life without Parole for concurrent life sentences

Ms Jehlen moves to amend the bill (Senate No. 2054) in Section 29 by striking in the first sentence, in Line 200-201, the words:- “except prisoners serving more than 1 life sentence” and inserting at the end of the first sentence, in Line 202, the phrase “except that prisoners serving more than 1 concurrent life sentence shall not be eligible for parole until the expiration of 25 years”.

CLERK #76

Corrective Amendment

Mr. Brewer moves to amend the bill (Senate, No. 2054), by inserting after Section 13 the following section:-

 “SECTION 13A. Subsection (b) of said section 32E of said chapter 94C, as so appearing, is hereby amended by striking out, in lines 43 and 45, the word “fourteen” and inserting in place thereof the following figure:- 18.”; and

by inserting after Section 17 the following section:-

“SECTION 17A. Subsection (c) of said section 32E of said chapter 94C, as so appearing, is hereby amended by striking out, in lines 81 and 83, the word “fourteen” and inserting in place thereof the following figure:- 18.”; and

in Section 46, in section 25 of chapter 279 by striking out proposed subsection (b) and inserting in place thereof the following subsection:-

“(b) Whoever: (i) has been convicted 2 times previously of 1 or more of the following offenses: section 131M of chapter 140; section 1, 13 or 13½, subsection (b) of section 13A, section 13B, 13B½, 13B¾, 13F, 13H, 13J, 13K, 14 or 15, subsection (a) or (c) of section 15A, subsection (b) of section 15C, 15D, 16, 17, 18, 18A, 18B or 18C, section 21, 21A, 22, 22A, 22B, 22C, 23A, 23B, 24, 24B, 26, 26B, 26C or 28, subsection (b) of section 39 or subsection (b) or (c) of section 43 of chapter 265, section 1, 14, 17, 18, 102, 102A, 102B or 102C of chapter 266, section 10, 10E or subsection (e) of section 12F of chapter 269 or section 3, 4A, 13, 17, 29A, 29B, 29C, 35A or subsection (b) of section 53A of chapter 272, or has been convicted 2 times previously of a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority, arising out of separate incidents or involving separate victims, where the second offense occurred subsequent to the first conviction; (ii) has been sentenced to incarceration for at least 1 day to be served for each of the prior 2 convictions; and (iii) does not show that he has been pardoned for either prior offense on the ground that he was innocent shall, upon conviction of 1 of the enumerated offenses in clause (i), where the offense occurred subsequent to the second conviction, be considered a habitual criminal and punished by imprisonment in the state prison for the maximum term provided by law. No sentence imposed under this section shall be reduced or suspended nor shall such person so sentenced be eligible for probation, parole, work release or furlough or receive any deduction from such person’s sentence for good conduct.”; and

by striking out Section 48, and inserting in place thereof the following section:-

“SECTION 48.  Section 34 shall apply to any felony, as defined in section 1 of chapter 274 of the General Laws, committed on or after the effective date of this act.”