HOUSE DOCKET, NO. 2195        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1651

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Timothy J. Toomey, Jr.

_________________

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 work release eligibility.

_______________

PETITION OF:

HOUSE DOCKET, NO. 2195        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1651

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand Thirteen

_______________

An Act relative to work release eligibility.

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

SECTION 1.  Section 32H of chapter 94C, as appearing in 2010 Official Edition, is hereby amended by striking out the second paragraph, as amended by sections 28 and 29 of chapter 192 of the acts of 2012, and inserting in place thereof the following paragraph:-

A person convicted of violating said sections shall not, until he shall have served the mandatory minimum term of imprisonment established in said sections, be eligible for probation, furlough, work release or receive any deduction from his sentence for good conduct under sections 129C and 129D of chapter 127, nor shall he be eligible for parole except as authorized pursuant to subsection (c) of Section 32, subsection (e) of section 32A, subsection (c) of section 32B, subsection (d) of section 32E, or section 32J; provided, however, that the commissioner of correction, on the recommendation of the warden, superintendent or other person in charge of the correctional institution, or a sheriff, on the recommendation of the administrator of a county correctional institution, may grant to said offender a temporary release, subject to the rules and regulations of the institution and under the direction, control and supervision of the officers thereof, for the following purposes: (1) to attend the funeral of a relative, to visit a critically ill relative, to obtain emergency medical or psychiatric services unavailable at said institution; (2) to participate in education, training, or employment programs established under section 48 of chapter 127; or (3) to participate in a program to provide services under section 49B or 49C of chapter 127. A Sheriff may, at the sheriff’s discretion, allow said offender to engage in employment under a work release program under sections 49, 49A, 86F or 86G of chapter 127. Section 87 of chapter 276 shall not apply to any person, 17 years of age or older, charged with a violation of said sections, or to any child between age 14 and 17, so charged by indictment under section 54 of chapter 119.

SECTION 2.  This act shall take effect upon its passage.