HOUSE DOCKET, NO. 2443        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1406

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Bradley H. Jones, 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 removing state funded counsel from sex offender classification hearings.

_______________

PETITION OF:

HOUSE DOCKET, NO. 2443        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1406

The Commonwealth of Massachusetts

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

An Act removing state funded counsel from sex offender classification hearings.

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 178L of chapter 6 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking in paragraph (a), in lines 26 through 28, inclusive, the words, “his right to retain counsel to represent him at such hearing and his right to have counsel appointed for him if he is found to be indigent as determined by the board using the standards under chapter 211D; provided, however, that such indigent offender may also apply for and the board may grant payment of fees for an expert witness in any case where the board in its classification proceeding intends to rely on the testimony or report of an expert witness prepared specifically for the purposes of the classification proceeding.” and  inserting in place thereof the words:  and his right to retain counsel to represent him at such hearing.

SECTION 2. Section 178L of chapter 6 of the General Laws, as so appearing, is hereby amended by striking in paragraph (c), in lines 65 through 73, inclusive, the words, “his right to retain counsel to represent him at such hearing and his right to have counsel appointed for him if he is found to be indigent as determined by the board using the standards under chapter 211D; provided, however, that such indigent offender may also apply for and the board may grant payment of fees for an expert witness in any case where the board in its classification proceeding intends to rely on the testimony or report of an expert witness prepared specifically for the purposes of the classification proceeding.” and inserting in place thereof the words:- and his right to retain counsel to represent him at such hearing.

SECTION 3. Section 178L of chapter 6 of the General Laws, as so appearing, is hereby amended by striking in subsection (2), in lines 84 through 87, inclusive, the sentence “The board shall inform offenders requesting a hearing under the provisions of subsection (1) of their right to have counsel appointed if a sex offender is deemed to be indigent as determined by the board using the standards under chapter 211D.”

SECTION 4. Section 178M of chapter 6, as most recently amended by section 219 of chapter 38 of the acts of 2013 is hereby further amended by striking the following, “The court shall, if requested, appoint counsel to represent the sex offender in the proceedings if such sex offender is deemed indigent in accordance with section 2 of chapter 211D.”