Bill H.3249

HOUSE DOCKET, NO. 3206 FILED ON: 1/18/2013

HOUSE . . . . . . . . . . . . . . . No. 3249

By Mr. Holmes of Boston, a petition (accompanied by bill, House, No. 3249) of Russell E. Holmes and others relative to sentencing reform. Public Safety and Homeland Security.

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand Thirteen

_______________

An Act relative to sentencing reform.

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 167 of chapter 6 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in lines 21, 23 and 24 the word “seventeen” and inserting in place thereof the following word:- eighteen

SECTION 2. Section 5 of chapter 27 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the word “require”, in line 33, the following words:- ; and (i) administer and oversee mandatory post-release supervision functions as set forth in subsection (a) of section 133D of chapter 127.

SECTION 3. Section 20 of chapter 31 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out in line 10 the word “seventeen” and inserting in place thereof the following word:- eighteen

SECTION 4. Section 24 of chapter 37 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out in paragraph (d) the word “seventeen” and inserting in place thereof the following word:- eighteen

SECTION 5. Section 32 of chapter 94C of the General Laws, as appearing in section 12 of chapter 192 of the acts of 2012, is hereby amended by striking out subsection (b) inserting in place thereof the following subsection:-

(b) Any person convicted of violating this section after one or more prior convictions of manufacturing, distributing, dispensing or possessing with the intent to manufacture, distribute, or dispense a controlled substance as defined by section thirty-one of this chapter under this or any prior law of this jurisdiction or of any offense of any other jurisdiction, federal, state, or territorial, which is the same as or necessarily includes the elements of said offense shall be punished by a term of imprisonment in the state prison for not less than five nor more than twelve years. No sentence imposed under the provisions of this section shall be for less than a mandatory minimum term of imprisonment of five years and a fine of not less than two thousand and five hundred nor more than twenty-five thousand dollars may be imposed but not in lieu of the mandatory minimum five year term of imprisonment, as established herein.

SECTION 6. Section 32A of Chapter 94C of the General Laws, as appearing in section 13 of chapter 192 of the acts of 2012, is hereby further amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) Any person convicted of violating this section after one or more prior convictions of manufacturing, distributing, dispensing, or possessing with the intent to manufacture, distribute or dispense a controlled substance as defined by section thirty-one of this chapter under this or any other prior law of this jurisdiction or of any offense of any other jurisdiction, federal, state, or territorial, which is the same as or necessarily includes the elements of said offense shall be punished by a term of imprisonment in the state prison for not less than 18 months nor more than ten years. No sentence imposed under the provisions of this section shall be for less than a mandatory minimum term of imprisonment of 18 months and a fine of not less than two thousand and five hundred nor more than twenty-five thousand dollars may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

SECTION 7. Chapter 94C of the General Laws is hereby further amended by striking out section 32E inserting in place thereof the following section:-

Section 32E. (a) Any person who trafficks in marihuana by knowingly or intentionally manufacturing, distributing, dispensing or cultivating or possessing with intent to manufacture, distribute, dispense or cultivate, or by bringing into the commonwealth a net weight of 50 pounds or more of marihuana or a net weight of 50 pounds or more of any mixture containing marihuana shall, if the net weight of marihuana or any mixture thereof is:

(1) Fifty pounds or more, but less than 100 pounds, be punished by a term of imprisonment in the state prison for not more than 15 years or by imprisonment in a jail or house of correction for not more than 2½ years and by a fine of not less than $500 nor more than $10,000, or both such fine and imprisonment.

(2) One hundred pounds or more, but less than 2,000 pounds, be punished by a term of imprisonment in the state prison for not more than 15 years and by a fine of not less than $2,500 nor more than $25,000.

(3) Two thousand pounds or more, but less than 10,000 pounds, be punished by a term of imprisonment in the state prison for not more than 15 years and by a fine of not less than $5,000 nor more than $50,000.

(4) Ten thousand pounds or more, be punished by a term of imprisonment in the state prison for not more than 15 years and by a fine of not less than $20,000 nor more than $200,000.

(b) Any person who trafficks in a controlled substance defined in clause (4) of paragraph (a) or in clause (3) of paragraph (c) of Class B of section 31 by knowingly or intentionally manufacturing, distributing or dispensing or possessing with intent to manufacture, distribute or dispense or by bringing into the commonwealth a net weight of 14 grams or more of a controlled substance as so defined, or a net weight of 14 grams or more of any mixture containing a controlled substance as so defined shall, if the net weight of a controlled substance as so defined, or any mixture thereof is:

(1) Fourteen grams or more but less than 28 grams, be punished by a term of imprisonment in the state prison for not more than 15 years and by a fine of not less than $2,500 nor more than $25,000.

(2) Twenty-eight grams or more, but less than 100 grams, be punished by a term of imprisonment in the state prison for not more than 20 years and by a fine of not less than $5,000 nor more than $50,000.

(3) One hundred grams or more, but less than 200 grams, be punished by a term of imprisonment in the state prison for not more than 20 years and by a fine of not less than $10,000 nor more than $100,000.

(4) Two hundred grams or more, be punished by a term of imprisonment in the state prison for not more than 20 years and by a fine of not less than $50,000 nor more than $500,000.

(c) Any person who trafficks in heroin or any salt thereof, morphine or any salt thereof, opium or any derivative thereof by knowingly or intentionally manufacturing, distributing or dispensing or possessing with intent to manufacture, distribute or dispense or by bringing into the commonwealth a net weight of fourteen grams or more of heroin or any salt thereof, morphine or any salt thereof, opium or any derivative thereof or a net weight of 14 grams or more of any mixture containing heroin or any salt thereof, morphine or any salt thereof, opium or any derivative thereof shall, if the net weight of heroin or any salt thereof, morphine or any salt thereof, opium or any derivative thereof or any mixture thereof is:

(1) Fourteen grams or more but less than 28 grams, be punished by a term of imprisonment in the state prison for not more than 15 years and by a fine of not less than $5,000 nor more than $50,000.

(2) Twenty-eight grams or more but less than 100 grams, be punished by a term of imprisonment in the state prison for not more than 20 years and by a fine of not less than $5,000 nor more than $50,000.

(3) One hundred grams or more but less than 200 grams, be punished by a term of imprisonment in the state prison for not more than 20 years and by a fine of not less than $10,000 nor more than $100,000.

(4) Two hundred grams or more, be punished by a term of imprisonment in the state prison for not more than 20 years and by a fine of not less than $50,000 nor more than $500,000.

(d) Any person who trafficks in marihuana by knowingly or intentionally manufacturing, distributing, dispensing or cultivating or possessing with intent to manufacture, distribute, dispense or cultivate or by bringing into the commonwealth a net weight of fifty pounds or more of marihuana or a net weight of fifty pounds or more of any mixture containing marihuana and who uses, carries or visibly possesses a firearm during the commission of the offense shall, if the net weight of marihuana or any mixture thereof is:

(1) Fifty pounds or more, but less than 100 pounds, be punished by a term of imprisonment in the state prison for not less than 2½ nor more than 15 years or by imprisonment in a jail or house of correction for not less than 1 nor more than 2½ years. No sentence imposed under the provisions of this section shall be for less than a mandatory minimum term of imprisonment of 1 year and a fine of not less than $500 nor more than $10,000 may be imposed but not in lieu of the mandatory minimum one year term of imprisonment, as established herein.

(2) One hundred pounds or more, but less than 2,000 pounds, be punished by a term of imprisonment in the state prison for not less than 3 nor more than 15 years. No sentence imposed under the provisions of this section shall be for less than a mandatory minimum term of imprisonment of 3 years and a fine of not less than $2,500 nor more than $25,000 may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

(3) Two thousand pounds or more, but less than 10,000 pounds, be punished by a term of imprisonment in the state prison for not less than 5 nor more than 15 years. No sentence imposed under the provisions of this section shall be for less than a mandatory minimum term of imprisonment of 5 years and a fine of not less than $5,000 nor more than $50,000 may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

(4) Ten thousand pounds or more, be punished by a term of imprisonment in the state prison for not less than 10 nor more than 15 years. No sentence imposed under the provisions of this section shall be for less than a mandatory minimum term of imprisonment of 10 years and a fine of not less than $20,000 nor more than $200,000 may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

(e) Any person who trafficks in a controlled substance defined in clause (4) of paragraph (a) or in clause (3) of paragraph (c) of Class B of section 31 by knowingly or intentionally manufacturing, distributing or dispensing or possessing with intent to manufacture, distribute or dispense or by bringing into the commonwealth a net weight of 14 grams or more of a controlled substance as so defined, or a net weight of 14 grams or more of any mixture containing a controlled substance as so defined and who uses, carries or visibly possesses a firearm during the commission of the offense shall, if the net weight of a controlled substance as so defined, or any mixture thereof is:

(1) Fourteen grams or more but less than 28 grams, be punished by a term of imprisonment in the state prison for not less than 3 nor more than 15 years. No sentence imposed under the provisions of this clause shall be for less than a minimum term of imprisonment of 3 years, and a fine of not less than $2,500 nor more than $25,000 may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

(2) Twenty-eight grams or more, but less than 100 grams, be punished by a term of imprisonment in the state prison for not less than 5 nor more than 20 years. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of 5 years, and a fine of not less than $5,000 nor more than $50,000 may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

(3) One hundred grams or more, but less than 200 grams, be punished by a term of imprisonment in the state prison for not less than 10 nor more than 20 years. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of 10 years and a fine of not less than $10,000 nor more than $100,000 may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

(4) Two hundred grams or more, be punished by a term of imprisonment in the state prison for not less than 15 nor more than 20 years. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of 15 years and a fine of not less than $50,000 nor more than $500,000 may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

(f) Any person who trafficks in heroin or any salt thereof, morphine or any salt thereof, opium or any derivative thereof by knowingly or intentionally manufacturing, distributing or dispensing or possessing with intent to manufacture, distribute or dispense or by bringing into the commonwealth a net weight of fourteen grams or more of heroin or any salt thereof, morphine or any salt thereof, opium or any derivative thereof or a net weight of 14 grams or more of any mixture containing heroin or any salt thereof, morphine or any salt thereof, opium or any derivative thereof and who uses, carries or visibly possesses a firearm during the commission of the offense shall, if the net weight of heroin or any salt thereof, morphine or any salt thereof, opium or any derivative thereof or any mixture thereof is:

(1) Fourteen grams or more but less than 28 grams, be punished by a term of imprisonment in the state prison for not less than 5 nor more than 20 years. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of 5 years and a fine of not less than $5,000 nor more than $50,000 may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established herein.

(2) Twenty-eight grams or more but less than 100 grams, be punished by a term of imprisonment in the state prison for not less than 7 nor more than 20 years. No sentence imposed under the provisions of this clause shall be for less than a mandatory minimum term of imprisonment of 7 years and a fine of not less than $5,000 nor more than $50,000 may be imposed, but not in lieu of the mandatory minimum term of imprisonment, as established herein.

(3) One hundred grams or more but less than 200 grams, be punished by a term of imprisonment in the state prison for not less than 10 nor more than 20 years. No sentence imposed under the provisions of this clause shall be for less than the mandatory minimum term of imprisonment of 10 years, and a fine of not less than $10,000 nor more than $100,000 may be imposed but not in lieu of the mandatory minimum term of imprisonment, as established therein.

SECTION 8. Section 32H of chapter 94C, as most recently amended in sections 28 and 29 of chapter 192 of the acts of 2012, is hereby further amended by striking out in the last sentence the number “17” and inserting in place thereof the following number:- 18

SECTION 9. Chapter 94C of the General Laws is hereby amended by striking out section 32J and inserting in place thereof the following section:-

Section 32J. Any person who violates the provisions of section 32, 32A, 32B, 32C, 32D, 32E, 32F or 32I while in or on, or within 300 feet of the real property comprising a public or private accredited preschool, accredited headstart facility, elementary, vocational, or secondary school if the violation occurs between 5:00 a.m. and midnight, whether or not in session, or within 100 feet of a public park or playground shall be punished by a term of imprisonment in the state prison for not more than fifteen years or imprisoned in a jail or house of correction for not more than 2 years or by a fine of not less than $1,000 nor more than $10,000, or both such fine and imprisonment. In accordance with the provisions of section 8A of chapter 279, such sentence shall begin from and after the expiration of the sentence for violation of section 32, 32A, 32B, 32C, 32D, 32E, 32F, 32I or 32K. Lack of knowledge of school boundaries shall not be a defense to any person who violates the provisions of this section.

SECTION 10. Section 32M of chapter 94C of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 6, the word “seventeen” and inserting in place thereof the following word:- eighteen

SECTION 11. Section 36 of said chapter 94C, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 6, the word “seventeenth” and inserting in place thereof the following word:- eighteenth

SECTION 12. Section 1 of chapter 111E of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting the following:-

“Addiction specialist”, a person with an MD, PhD, RN, LICSW or other professional training who is licensed or certified by the department’s bureau of substance abuse services as a provider of substance abuse treatment.

SECTION 13. Section 1 of said chapter 111E of the General Laws, as so appearing, is hereby amended by inserting the following:-

“Bureau”, the bureau of substance abuse services within the department of public health.

SECTION 14. Section 1 of said chapter 111E of the General Laws, as so appearing, is hereby amended by striking out the definition of “Director”, and inserting in place thereof the following:-

“Director”, the director of the division of rehabilitation, his designee, the assistant commissioner in charge of the bureau or his designee.

SECTION 15. Section 1 of said chapter 111E of the General Laws, as so appearing, is hereby amended by striking out the definition of “Drug dependent person” and inserting in place thereof the following:-

“Drug dependent person”, a person, regardless of age, who is unable to function effectively and whose inability to do so causes, or results from, the use of a drug other than alcohol, tobacco or lawful beverages containing caffeine, and other than from a medically prescribed drug when such drug is medically indicated and the intake is proportioned to the medical need, or a person who is at risk of becoming drug dependent, as defined herein.

SECTION 16. Section 5 of said chapter 111E of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the last paragraph, after the word “facility”, the following paragraph:-

If the division is unable to comply with the provisions of this section, the bureau shall prepare and publish annually a list of facilities operating in accordance with this chapter and shall make such list available to all district and superior courts, interested attorneys and statewide organizations, the offices of the District Attorneys for each county and their statewide organizations, and probation departments and their statewide organizations within the commonwealth on an annual basis and to members of the public upon request. Such list shall include, but not be limited to, the following:

(a) eligibility of treatment;

(b) scope of treatment offered;

(d) last known patient capacity; and

(e) facilities available for emergency treatment.

SECTION 17. Section 8 of said chapter 111E of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the second paragraph and inserting in place thereof the following:-

Upon receipt by the director of an application for admission, the director shall designate an addiction specialist to conduct an examination of the person to determine whether that person is a drug dependent person who would benefit from treatment. The addiction specialist shall report his findings in writing to the director after the completion of the examination, stating the facts upon which the findings are based and the reasons therefore.

SECTION 18. Section 10 of said chapter 111E of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following:-

Any defendant who is charged with a first-or second-offense shall be informed, upon being brought before the court on such charge, that he is entitled to request an examination to determine whether or not he is a drug dependant person who would benefit from treatment. A court may in its discretion request an examination of any person charged with a drug offense to determine whether a defendant is drug dependent and would benefit from treatment in accordance with this chapter.

SECTION 19. Section 12 of said chapter 111E of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting in the first paragraph, after the last sentence, the following sentence:- A positive drug test alone shall not be considered a breach of the terms of probation.

SECTION 20. Section 52 of chapter 119 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 5, in the definition of “Delinquent child”, the word “seventeen” and inserting in place thereof the following word:- eighteen

SECTION 21. Said section 52 of said chapter 119 of the General Laws, as so appearing, is hereby further amended by striking out in the definition of “Youthful offender,” the word “seventeen” and inserting in place thereof the following word:- eighteen

SECTION 22. Section 54 of said chapter 119 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out in lines 2 and 20 the word “seventeen” and inserting in place thereof the following word:- eighteen

SECTION 23. Section 58 of chapter 119 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting in lines 9 and 10 after the words “or age nineteen in the case of a child whose case is disposed of after he has attained his eighteenth birthday”, the following words:- or age twenty in the case of a child whose case is disposed of after he has attained his nineteenth birthday.

SECTION 24. Section 58 of chapter 119 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting at the end of the second paragraph after the word “birthday”, the following words:-, or age twenty in the case of a child whose case is disposed of after he has attained his nineteenth birthday.

SECTION 25. Section 58 of said chapter 119 of the General Laws, as so appearing, is hereby further amended by striking out, in line 67, the word “seventeenth” and inserting in place thereof the following word:- eighteenth

SECTION 26. Section 58 of said chapter 119 of the General Laws, as so appearing, is hereby further amended by inserting, in line 89, after the words “child attains his eighteenth birthday”, the following:- or his nineteenth birthday in the case of a child whose case is disposed of after he has attained his eighteenth birthday

SECTION 27. Section 60A of said chapter 119 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out in the second paragraph the word “seventeenth” and inserting in place thereof the following word:- eighteenth

SECTION 28. Section 60A of said chapter 119 of the General Laws, as so appearing, is hereby amended by striking out in the second paragraph the word, “seventeen” where it so appears, and inserting in place thereof the following word:- eighteen

SECTION 29. Section 63A of said chapter 119 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out in the first paragraph of clause (i) the words “17, or under the age of 18 and in state custody,” and inserting in place thereof the following word:- eighteen

SECTION 30. Section 65 of said chapter 119 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 2, the word “seventeen” and inserting in place thereof the following word:- eighteen

SECTION 31. Section 66 of said chapter 119 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out in lines 2, 3 and 5 the word “seventeen” and inserting in place thereof the following word:- eighteen

SECTION 32. Section 67 of said chapter 119 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out in lines 2, 19, 20, 35 and 45 the word “seventeen” and inserting in place thereof the following word:- eighteen

SECTION 33. Section 68 of said Chapter 119 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out in lines 2, 31 and 46 the word “seventeen” and inserting in place thereof the following word:- eighteen

SECTION 34. Section 68A of said chapter 119 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 1, the word “seventeen” and inserting in place thereof the following word:- eighteen

SECTION 35. Section 70 of said chapter 119 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 2, the word “seventeen” and inserting in place thereof the following word:- eighteen

SECTION 36. Section 72 of said chapter 119 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 8, the word “nineteenth” and inserting in place thereof the following word:- twentieth

SECTION 37. Section 72 of said chapter 119 of the General Laws, as so appearing, is hereby further amended by striking out, in lines 9 to 12, inclusive, the words “seventeenth birthday, and is not apprehended until between his seventeenth and eighteenth birthday, the court shall deal with such child in the same manner as if he has not attained his seventeenth birthday” and inserting in place thereof the following words:- eighteenth birthday, and is not apprehended before his nineteenth birthday, the court shall deal with such child in the same manner as if he has not attained his eighteenth birthday

SECTION 38. Section 72A of said chapter 119 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out in lines 2 to 3, inclusive, the words “seventeenth birthday, and is not apprehended until after his eighteenth birthday,” and inserting in place thereof the following:- eighteenth birthday, and is not apprehended until after his nineteenth birthday,

SECTION 39. Section 72B of said chapter 119 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out in lines 2, 7 and 24 the word “seventeenth” and inserting in place thereof the following word:- eighteenth

SECTION 40. Section 74 of said chapter 119 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out in line 3 the word “seventeenth” and inserting in place thereof the following word:- eighteenth

SECTION 41. Said section 74 of said chapter 119 of the General Laws, as so appearing, is hereby further amended by striking out in lines 10 and 14 the word “seventeen” and inserting in place thereof the following word:- eighteen

SECTION 42. Section 84 of said chapter 119 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out in line 11 the words “seventeen (or eighteen)” and inserting in place thereof the following:- eighteen (or nineteen)

SECTION 43. Section 15 of chapter 120 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out in lines 3 and 4 the word “seventeen” and inserting in place thereof the following word:- eighteen

SECTION 44. Section 21 of said chapter 120 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out in line 17 the word “seventeen” and inserting in place thereof the following word:- eighteen

SECTION 45. Section 1 of chapter 124 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding 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.

SECTION 46. Chapter 127 of the General Laws is hereby amended by inserting after section 97B the following section:-

Section 97C. (a) Notwithstanding any general or special law to the contrary, when an inmate, as defined in section 1 of chapter 125, including any prisoner held pursuant to section 52A of chapter 276, is transferred from a county correctional facility to a state correctional facility or from a state correctional facility to a county correctional facility, or between the department of mental health and a state or county correctional facility, the transferring facility shall provide known medical and mental health information about the inmate relevant to recent treatment and information necessary for continuity of care to the receiving facility.

(b) Under procedures jointly developed by the commissioner and the commissioner of mental health, a correctional facility and the department of mental health shall share information relevant to recent treatment and information necessary for continuity of care concerning an inmate who has received or is identified as needing services from the department of mental health for purposes of providing mental health treatment to said inmate at their respective facilities.

(c) Information shared under this section may be verbal or written, provided, however, that for an inmate transferred between correctional facilities, or between a correctional facility and the department of mental health information, information as set forth below shall also be provided in writing. The commissioner shall specify a written form that the correctional facilities shall utilize for purposes of this section. The content of this written form shall be developed by the commissioner in consultation with the commissioner of mental health and shall include, but not be limited to: (i) mental health history relevant to recent treatment and information necessary for continuity of care, (ii) history of suicide attempts, (iii) acute medical concerns, (iv) names and dosages of current medications, (v) substance abuse history, and (vi) allergies and dietary restrictions.

The transferring facility shall provide such information at or before the time of the inmate’s arrival at the receiving institution, but in any event, not more than 72 hours after the inmate’s arrival at the receiving institution. In the event of an emergency, the transferring facility shall provide such information as soon as possible after the inmate’s arrival, but in any event, not more than 24 hours thereafter.

(d) Any privilege or confidentiality provision created by statute or common law relating to confidential communications or information or any statute otherwise prohibiting the disclosure of information shall not preclude the dissemination of information pursuant to this section; provided, however, that no such privilege or right of confidentiality shall be deemed waived in any proceeding by virtue of its having been disseminated pursuant to this section.

(e) Any person who provides information to a correctional facility or to the department of mental health in accordance with this section shall not be liable in any civil or criminal action for providing such information.

(f) Information shared pursuant to this section shall be considered health information and shall not be further disseminated except as provided by the regulations for release of health information of the respective departments.

SECTION 47. Section 136 of said chapter 127, as appearing in section 42 of chapter 192 of the acts of 2012, is hereby amended by inserting, after clause (c), the following sentence:- The parole board shall have the option to (1) grant parole, subject to the conditions or limitations as deemed appropriate, (2) deny parole, subject to reconsideration at a specified date with recommendations for interim program participation or treatment, or (3) deny parole.

SECTION 48. Section 3 of chapter 211E of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after subsection (k) the following subsection:-

(l) The commission shall provide an assessment of current mandatory minimum sentencing laws as part of an annual survey of sentencing practices and shall conduct as part of the assessment a racial impact assessment, which may include, but not be limited to, an assessment about offenders sentenced to mandatory and non-mandatory drug offenses, and information about length of sentences. The commission shall also provide a racial impact assessment on any sentencing proposal that is voted on by the general court. Notwithstanding the foregoing, the commission shall assure that the guidelines are neutral as to race, national origin, creed, religion and socio-economic status of offenders. The commission shall establish a protocol and practice for obtaining the information for the assessment.

SECTION 49. Section 13 of chapter 250 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out in line 3 the word “seventeen” and inserting in place thereof the following word:- eighteen

SECTION 50. Section 10 of chapter 269 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting at the end of subsection (d) the following:-

Whoever, after having been convicted in any court, of a crime punishable by imprisonment for a term of ten years or more, further commits an offense set forth in paragraph (a), (b) or (c), shall be punished by imprisonment in the state prison for not less than five years. The sentence imposed on such person shall not be reduced, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct until he shall have served such sentence; provided, however, that the commissioner of correction may on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to an offender committed under this subsection a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; or to obtain emergency medical or psychiatric service unavailable at said institution. Prosecutions commenced under this subsection shall neither be continued without a finding nor placed on file.

SECTION 51. Section 89A of chapter 276 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out in line 3 the word “seventeen” and inserting in place thereof the following word:- eighteen

SECTION 52. Section 2 of chapter 276A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out in lines 6 and 10 the word “seventeen” in and inserting in place thereof the following word:- eighteen

SECTION 53. Chapter 279 of the General Laws is hereby amended by inserting after section 27 the following section:-

Section 27A. Post-release supervision.

(a) All sentences of incarceration to a correctional facility shall include a period of mandatory post-release supervision and assistance, except where mandated by section 133A of chapter 127, where an individual has successfully completed a period of probation imposed by the court, or where an individual is sentenced to lifetime community parole pursuant to section 45 of chapter 265 and section 133D of chapter 127. For those not subject to parole or probation, the period of mandatory post-release supervision and assistance shall be 25 percent of the maximum term of incarceration imposed at sentencing, or nine months, whichever is greater. Where an individual is convicted of multiple offenses, the offense with the greatest term of incarceration shall be used to determine the length of the post-release supervision period. An individual subject to mandatory post-release supervision who has successfully completed 6 months of supervision shall be eligible for early termination of that supervision. Early termination shall only occur in accordance with procedures to be adopted in the regulations of the parole board. In proceedings for early termination of mandatory post-release supervision, the parole board’s considerations shall include, but not be limited to, the amount of time the individual has successfully spent under post-release supervision, efforts and achievements in the areas of employment, housing, education, counseling, substance abuse treatment and required testing programs, and any other circumstances that are relevant to the individual case.

(b) Upon release, an individual subject to post-release supervision and assistance shall be under the jurisdiction of and supervised by the parole board. The chairman of the parole board shall establish uniform regulations for mandatory post-release supervision consistent with the applicable provisions of chapter 127 and 276. All persons under such supervision shall be subject to the provisions of law, rules and regulations governing parole. The parole board will actively work with either the department of social services or the department of youth services, or both, where applicable, to provide assistance to the releasee in areas including, but not limited to, housing, education, employment training and employment opportunity. Nothing in this section shall limit the authority of the any court to impose conditions of probation supervision to protect the public or promote the rehabilitation of any person.

(c) An individual who violates a condition of mandatory post-release supervision shall be subject to modification or revocation proceedings initiated by the parole board. In all proceedings under this section, upon a violation, the individual may be placed under increased supervision, subjected to other conditions, or incarcerated for not more than the maximum remaining unserved portion of their sentence. In the case of any violation for use of controlled substances or an offense for operating under the influence of drugs or alcohol, the period of mandatory post-release supervision shall be extended to accommodate an appropriate substance abuse program. 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. If such violation constitutes a criminal offense, said period of incarceration shall be served on and after any sentence received as a result of the new offense. Upon subsequent release, the greater of the maximum sentences of the original offense and subsequent offense shall be used to calculate the new mandatory post-release supervision period.

In establishing rules applicable to post-release supervision, the parole board, in conjunction with the Sentencing Commission, shall prepare and consider a racial and ethnic impact statement describing the effect of the rules on: (i) the racial and ethnic composition of persons on parole, probation or post-release supervision; and (ii) victims of crime who are members of racial and ethnic groups for which data are available.

SECTION 54. Section 6B of chapter 280 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out in line 3 the word “seventeen” and inserting in place thereof the following word:- eighteen

Name:	District/Address:	Date Added:
Russell E. Holmes	6th Suffolk	1/18/2013
Carlo Basile	1st Suffolk
William N. Brownsberger	Second Suffolk and Middlesex
Carlos Henriquez	5th Suffolk
Martin J. Walsh	13th Suffolk