HOUSE DOCKET, NO. 2059        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1512

The Commonwealth of Massachusetts

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PRESENTED BY:

James M. Murphy

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to assuring availability for trial of certain defendants.

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PETITION OF:

HOUSE DOCKET, NO. 2059        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1512

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to assuring availability for trial of certain defendants.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Following Chapter 276 Section 58B would be inserted a new section, Chapter 276 Section 58C, reading as follows:

A justice of the superior court or a justice or a clerk or assistant clerk of the district court, a bail commissioner or master in chancery, in accordance with the applicable provisions of section fifty-seven, may, for any defendant charged with or indicted upon an offense that is punishable by imprisonment in the state prison or with threatening to commit any offense that is punishable by imprisonment in the state prison and who is the subject of a valid federal immigration detainer, and for whom admission to bail would likely result in the transfer of custody from state to federal authorities for deportation proceedings, can consider whether involuntary deportation is likely to render such defendant unavailable for trial and may, at the request of the district attorney or attorney general prosecuting the matter, and upon proof by the moving party that there exists a valid federal immigration detainer, hold such defendant in state custody without bail.  Such an order shall include written findings of fact and a written statement of the reason for the detention.  An order to remain in state custody under this subsection shall direct that the defendant be committed to custody or confinement facility separate, to the extent practicable, from persons awaiting or serving sentence or being held in custody pending appeal.   

Within 90 days after the issuance of such order that the defendant remain in state custody, the Commonwealth shall document the status of the federal detainer and provide a status report on the case.  Should such a federal immigration detainer be withdrawn, vacated or otherwise invalidated by federal authorities, said defendant would be entitled to revisit the state custody ruling under this section at the next sitting of the court with jurisdiction over the criminal matter.

A person detained under this subsection shall be brought to trial as soon as reasonably possible, but in absence of a showing of good cause, the person so held shall not be detained for a period exceeding ninety days excluding any period of delay as defined in Massachusetts Rules of Criminal Procedure Rule 36 (b)(2).