HOUSE DOCKET, NO. 3425        FILED ON: 1/16/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1429

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Mary S. Keefe

_________________

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 to increase neighborhood safety and opportunity.

_______________

PETITION OF:

HOUSE DOCKET, NO. 3425        FILED ON: 1/16/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1429

The Commonwealth of Massachusetts

_______________

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

_______________

An Act to increase neighborhood safety and opportunity.

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 5K of chapter 18 of the General Laws, as appearing in the 2012 Official Edition, is amended by striking out, in line 7, the word “$100” and inserting in place thereof the words:- “one thousand three hundred dollars.”

SECTION 2.  Said section 5K of chapter 18, as so appearing, is hereby further amended by striking out, in line 11, the word “$100” and inserting in place thereof the words:- “one thousand three hundred dollars.”               

SECTION 3.  Section 22 of chapter 90 of the General Laws, as appearing in the 2012 Official Edition, is amended by striking out subsection (f).

SECTION 4.  The registrar of motor vehicles shall purge all records pertaining to past motor vehicle license suspensions effected under subsection (f) of section 22 of chapter 90 of the General Laws. 

SECTION 5.   Section 30 of said chapter 90, as so appearing, is amended by adding, after the second paragraph, the following new paragraph: -

Upon expiration of the term of suspension of driving privileges suspended under subsections (g), (h), or (i), of Section 22 of chapter 90, the registrar shall shield from public access all records of the suspension and the underlying offense, including records of the expiration of the suspension, any hearings or appeals related to the suspension, and the reinstatement following the suspension.             

SECTION 6.  Within 60 days of passage of this act the Commonwealth shall submit to the Secretary of the United States Department of Transportation: (i) a written certification stating that the governor is opposed to the enactment or enforcement of a law that conforms with 23 U.S.C. § 159(a)(3)(A), relating to the revocation, suspension, issuance or reinstatement of drivers’ licenses to convicted drug offenders; and (ii) a written certification that the general court has adopted a resolution expressing its opposition to a law described in clause (i).”

SECTION 7.   Section 32 of chapter 94C of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by

(a)Striking out the words “less than one thousand nor” in subsection (a);

(b)   Striking out the words “less than 3 ½ nor” in subsection (b) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than twenty-five thousand dollars;

(c)    Repealing subsection (c).

SECTION 8.  Section 32A of said chapter 94C, as so appearing, is hereby amended by

(a)Striking out the words “less than one thousand nor” in subsection (a);

(b)   Striking out the words “less than 2 nor” in subsection (b) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than twenty-five thousand dollars;

(c)Striking out the words “less than two and one-half nor” and the words “less than one nor” in subsection (c) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than ten thousand dollars;

(d)           Striking out the words “less than 3 ½ nor” and further the words “less than two thousand five hundred nor” and further the words “but not in lieu of the mandatory minimum term of imprisonment, as established herein” in subsection (d)

(e)Repealing subsection (e).

SECTION 9.  Section 32B of said chapter 94C, as so appearing, is hereby amended by

(a)Striking out the words “less than five hundred nor” in subsection (a);

(b)   Striking out the words “less than two and one-half nor” and the words “less than 18 months nor” in subsection (b) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than ten thousand dollars;

(c)Repealing subsection (c).

SECTION 10.   Section 32C of said chapter 94C, as so appearing, is hereby amended by

(a)Striking out the words “less than five hundred nor” in subsection (a);

(b)   Striking out the words “less than one nor” and further the words “less than one thousand nor” in subsection (b).

SECTION 11.   Section 32D of said chapter 94C, as so appearing, is hereby amended by

(a)Striking out the words “less than two hundred and fifty nor” in subsection (a);

(b)   Striking out the words “less than five hundred nor” in subsection (b).

SECTION 12.  Subsection (a) of section 32E of said chapter 94C, as so appearing, is hereby

amended by

(a)Striking out the words “less than two and one-half nor” and the words “less than one nor” in paragraph (1) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than ten thousand dollars;

(b)   Striking out the words “less than 2 nor” in paragraph (2) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than twenty-five thousand dollars;

(c)Striking out the words “less than 3 ½ nor” in paragraph (3) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than fifty thousand dollars;

(d)   Striking out the words “less than 8 nor” in paragraph (4) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than two hundred thousand dollars;

SECTION 13.  Subsection (b) of section 32E of said chapter 94C, as so appearing, is hereby

amended by

(a)Striking out the words “less than 2 nor” in paragraph (1) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than twenty-five thousand dollars;

(b)   Striking out the words “less than 3 ½ nor” in paragraph (2) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than fifty thousand dollars;

(c)Striking out the words “less than 8 nor” in paragraph (3) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than one hundred thousand dollars;

(d)   Striking out the words “less than 12 nor” in paragraph (4) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than fifty thousand dollars;

SECTION 14.   Subsection (c) of section 32E of said chapter 94C, as so appearing, is hereby

amended by

(a)Striking out the words “less than 3 ½ nor” in paragraph (1) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than fifty thousand dollars;

(b)   Striking out the words “less than 5 nor” in paragraph (2) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than fifty thousand dollars;

(c)Striking out the words “less than 8 nor” in paragraph (3) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than one hundred thousand dollars;

(d)   Striking out the words “less than 12 nor” in paragraph (4) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than five hundred thousand dollars;

SECTION 15.  Subsection (d) of section 32E of said chapter 94C is hereby repealed.

SECTION 16.   Section 32F of said chapter 94C, as so appearing, is hereby amended by

(a)Striking out the words “less than five nor” in subsection (a) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than twenty-five thousand dollars;

(b)   Striking out the words “less than three nor” in subsection (b) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than twenty-five thousand dollars;

(c)Striking out the words “less than two and one-half nor” and the words “less than two nor” in subsection (c) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than twenty-five thousand dollars;

(d)   Striking out the words “less than five nor” in subsection (d) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than twenty-five thousand dollars;

SECTION 17.   Section 32G of said chapter 94C, as so appearing, is hereby amended by striking out the words “less than two hundred and fifty nor.”

SECTION 18.   Section 32 H of said chapter 94C, as so appearing, is hereby amended by striking this section in its entirety.

SECTION 19.   Section 32I of said chapter 94C, as so appearing, is hereby amended by

(a)Striking out the words “less than one nor” and the words “less than five hundred nor” in subsection (a);

(b)   Striking out the words “less than three nor” and the words “less than one thousand nor” in subsection (b);

(c)Striking out the words “less than fifty nor” in subsection (c).

SECTION 20.   Section 32J of said chapter 94c, as so appearing, is hereby amended by

striking out the words “less than two and one-half” and the words “less than two nor” in the first sentence of said section; by striking out the second sentence of said section; and by striking out the words “less than one thousand nor” and the words “but not in lieu of the mandatory minimum two year term of imprisonments as established herein” in the third sentence of said section.

SECTION 21.   Section 32K of said chapter 94C, as so appearing, is hereby amended by

striking out the words “less than five years nor” in line 7 and further striking the second sentence in lines 8-12 in said section.

SECTION 22.  Section 34 of chapter 94C of the General Laws, as so appearing, is hereby amended by striking out lines 5-9, and inserting in place thereof the following sentence:-

Except as provided in Section 32L of this Chapter or as hereinafter provided, any person who violates this section or possesses any Class A, B, C, or D controlled substance shall be punished by a fine of not more than one thousand dollars or by imprisonment in a house of correction or jail for not more than six months, or by both such fine and imprisonment.

SECTION 23.  Said Section 34 of chapter 94C, as so appearing, is hereby further amended by striking out lines 9-16, and inserting in place thereof the following sentence:-

Any person who violates this section by possessing heroin shall for a first offense be punished by a fine of not more than one thousand dollars or by imprisonment in a house of correction or jail for not more than one year, or by both such fine and imprisonment, and for a second or subsequent offense shall be punished by imprisonment in a state prison for not more than three years or by fine of not more than five thousand and imprisonment in jail or house of correction for not more than two and one-half years.

SECTION 24.  Said Section 34 of said chapter 94C, as so appearing, is hereby amended by

striking out the words “less than two and one-half years nor” in lines 13-14.

SECTION 25.  Said Section 34 of said chapter 94C, as so appearing, is hereby further amended by striking the last sentence of the first paragraph in lines 20-27, and inserting in place thereof the following sentence:-

“Except for an offense involving a controlled substance in Class E of section thirty-one, whoever violates the provisions of this section after one or more convictions of a violation of this section or of a felony under any other provisions of this chapter, or of a corresponding provision of earlier law relating to the sale or manufacture of a narcotic drug as defined in said earlier law, shall be punished by imprisonment in a house of correction for not more than one year or by a fine of not more than two thousand dollars, or both.”

SECTION 26.  Notwithstanding any general or special law to the contrary, a person

serving a sentence for violating any provisions of Chapter 94C or charged with such a violation but for whom a guilty plea has not been accepted nor a conviction entered as of the effective date of this act shall be eligible to receive deductions from his sentence for good conduct under Sections 129C and 129D of Chapter 127.

SECTION 27.  Notwithstanding any general or special law to the contrary, a person

serving a sentence for violating any provisions of Chapter 94C or charged with such a violation but for whom a guilty plea has not been accepted nor a conviction entered as of the effective date of this section shall be eligible to participate in education, training, employment or work release programs established pursuant to Sections 49, 49B, 49C, 86F and 86G of Chapter 127.

SECTION 28.  Notwithstanding any general or special law to the contrary, a person

serving a sentence for violating any provisions of Chapter 94C or charged with such a violation but for whom a guilty plea has not been accepted nor a conviction entered as of the effective date of this section shall not be eligible for parole until he or she has served 1/2 of the mandatory minimum sentence.

SECTION 29.  Chapter 127 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after section 117A, the following new section:

117B. Terminally Ill or Permanently Incapacitated Inmates.

The Commissioner of the Department of Correction or a Sheriff may petition a Court of original jurisdiction for an Order permitting the transfer of a terminally ill or permanently incapacitated inmate, as certified by the physician or director of medical care at the correctional facility, to receive medically appropriate care at an alternative location, which shall include a hospital, nursing facility, hospice program or other setting where the inmate may receive hospice services from an entity licensed pursuant to section 57D of chapter 111, or residential care facility, provided that the transfer is not inconsistent with public safety. The Commissioner or Sheriff shall monitor all individuals transferred under this section and order the return of the inmate to the correctional facility if at any time the physician or director of medical services subsequently determines that the inmate does not have a terminal or permanently incapacitating medical condition, or that care outside the correctional facility is not medically appropriate.

SECTION 30.  The first paragraph of section 30 of chapter 266 of the General Laws, as appearing in the 2012 Official Edition, is amended by striking out, in line 8, the words “two hundred and fifty dollars” and inserting in place thereof the following words:- “one thousand three hundred dollars.”

SECTION 31.  Said first paragraph of section 30 of said chapter 266, as so appearing, is further amended by striking out, in lines 12-13, the words “two hundred and fifty dollars” and inserting in place thereof the following words:- “one thousand three hundred dollars.”   

SECTION 32.  The fifth paragraph of said section 30 of said chapter 266, as so appearing, is amended by striking out, in line 73, the words “two hundred and fifty dollars” and inserting in place thereof the following words:- “one thousand three hundred dollars.”                                                  

SECTION 33.  Said fifth paragraph of said section 30 of said chapter 266, as so appearing, is hereby further amended by striking out, in line 77, the words “two hundred and fifty dollars” and inserting in place thereof the following words:- “one thousand three hundred dollars.”

SECTION 34.  Section 30A of said chapter 266, as so appearing, is amended by striking out, in line 39, the words “one hundred dollars” and inserting in place thereof the following words:- “one thousand three hundred dollars.”

SECTION 35. Said Section 30A of said chapter 266, as so appearing, is hereby further amended by striking out, in line 43, the words “one hundred dollars” in inserting in place thereof the following words: “one thousand three hundred dollars.”

SECTION 36.  Section 37C of said chapter 266, as so appearing, is amended by striking out, in line 11, the words “two hundred fifty dollars” and inserting in place thereof the following words:- “one thousand three hundred dollars.”

SECTION 37.  Said Section 37C of said chapter 266, as so appearing, is hereby further amended by striking out, in line 16, the words “two hundred fifty dollars” and inserting in place thereof the following words:- “one thousand three hundred dollars.”

SECTION 38.  Section 37C of said chapter 266, as so appearing, is hereby further amended by striking out, in line 22, the words “two hundred fifty dollars” and inserting in place thereof the following words:- “one thousand three hundred dollars.”

SECTION 39.   Said section 37C of said chapter 266, as so appearing, is hereby further amended by striking out, in lines 29-30, the words “two hundred fifty dollars” and inserting in place thereof the following words:- “one thousand three hundred dollars.”

SECTION 40.  Section 60 of said chapter 266, as so appearing, is amended by striking out, in lines 6-7, the words “two hundred and fifty dollars” and inserting in place thereof the following words:- “one thousand three hundred dollars.”

SECTION 41.  Said section 60 of said chapter 266, as so appearing, is hereby further amended by striking out, in lines 10-11, the words “two hundred and fifty dollars” and inserting in place thereof the following words:- “one thousand three hundred dollars.”

SECTION 42.  Section 127 of said chapter 266, as so appearing, is amended by striking out, in lines 12-13, the words “two hundred and fifty dollars” and inserting in place thereof the following words:- “one thousand three hundred dollars.”

SECTION 43.  Chapter 266 of the General Laws, , is hereby further amended by inserting after section 147 the following section:

SECTION 148.

(a) Notwithstanding any general or special law to the contrary, any person currently serving a sentence for a conviction, whether by trial or plea, whose punishment would have been determined according to provisions in this act had this act been in effect at the time of the offense, may petition for a recall of sentence before the trial court where the judgment of conviction was entered to request resentencing in accordance with Sections 30 (1), 30(5), 30A, 37C, 60 and 127 of chapter 266, and Section 34 of chapter 94C, as those sections have been amended or added by this act.

(b) Upon receiving a petition under subsection (a), the court shall determine whether the petitioner satisfies the criteria in subsection (a). If the petitioner satisfies the criteria, his or her sentence shall be recalled and the petitioner resentenced to a new penalty, unless the court, in its discretion, determines that resentencing the petitioner would pose an unreasonable risk of danger to public safety; provided that a petitioner who has served his or her punishment shall not be resentenced. In exercising its discretion, the court may consider the following factors:

  (1) the petitioner’s criminal conviction history, including the type of crimes committed, the extent of injury to victims, the length of prior prison commitments, and the remoteness of the crimes;

  (2) the petitioner’s disciplinary record and record of rehabilitation, if incarcerated;

  (3) Any other evidence the court determines to be relevant in deciding whether a new sentence would result in an unreasonable risk of danger to public safety.

(c) As used herein, “unreasonable risk of danger to public safety “means an unreasonable risk that the petitioner will commit a new violent crime.”

(d) A person who is resentenced pursuant to subsection (b) shall be given credit for time served and shall be subject to parole for one year following completion of his or her sentence, unless the court, in its discretion, as part of its resentencing order, releases the person from parole.

(e) Under no circumstance may resentencing under this act result in the imposition of a term longer than the original sentence.

(f) Any petition or application under this section shall be filed within three years after the effective date of this act or at a later date upon a showing of good cause.

(f) Nothing in this section is intended to diminish or abrogate any rights or remedies otherwise available to a petitioner.

SECTION 44.  Chapter 29 of the Generals Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after 2QQQQ the following section:Section 2RRRR. (a) There shall be established a fund to be known as the "Neighborhood Safety and Opportunity Trust Fund"  within the Executive Office of Housing and Economic Development that shall be continuously expended without regard for fiscal year, for carrying out the purposes of this chapter.

Notwithstanding any general or specific law to the contrary, the following monies shall be credited to the fund:

(1) On July 31 of each fiscal year, based upon the rules provided by the Board of Directors of the Neighborhood Safety and Opportunity Trust Fund and the findings of the cost avoidance report referenced in subsection 3 (u),the Secretary of Administration and Finance shall calculate the savings that accrued to the state from the implementation of this Act during the fiscal year ending June 30, as compared to the fiscal year preceding the enactment of this Act. In making the calculation required by this subdivision, the Secretary of Administration and Finance shall use actual data or best available estimates as described in the Cost Avoidance Report. The calculation shall be final and shall not be adjusted for any subsequent changes in the underlying data. The Secretary of Administration and Finance shall certify the results of the calculation to the Treasurer no later than August 15 of each fiscal year.

(2) Before September 1 of each fiscal year, the Treasurer shall transfer from the General Fund to the Neighborhood Safety and Opportunity Trust Fund the total amount calculated pursuant to subsection (1).

(3a) Monies in the Neighborhood Safety and Opportunity Trust Fund shall be continuously expended for the purposes of this Act. Funds transferred to the Neighborhood Safety and Opportunity Trust Fund shall be used exclusively for the purposes of this Act and shall not be subject to appropriation or transfer by the Legislature for any other purpose. The funds in the Neighborhood Safety and Opportunity Trust Fund may be used without regard to fiscal year.

(b) There shall be a Board of Directors to consist of thirteen members to be appointed by the Secretary of Housing and Economic Development, with the approval of the Governor. Said Board of Directors shall advise the commissioner in matters relating to job training, job creation and job placement and will consist of the following members: the Commissioner of Neighborhood Safety and Opportunity or a designee of; not less than six (6) members shall be individuals who are, or have been at some time, members of the target population as defined in subsection 3(i) of this chapter; and a combination of  appointees with professional case management experience, entrepreneurial or business management experience, professional workforce development experience, experience providing professional or vocational training, or experience in labor market analysis.  The terms of the initial members shall be as follows: three shall be appointed for one year, three shall be appointed for two years, three shall be appointed for three years and three shall be appointed for four years. Upon the expiration of the term of a member, his successor shall be appointed for a term of four years. Said members shall elect a chairman and shall meet at least quarterly. They shall serve without compensation, but shall be reimbursed for expenses necessarily incurred in the performance of their duties. If any member is absent from two regularly scheduled quarterly meetings in any one calendar year, the office of such member may be declared vacant by the chairman. Upon notification by the chairman that a vacancy exists, the Secretary of Housing and Economic Development shall appoint, with the approval of the governor, another member to fill the unexpired term.

(c) The fund shall be under the direction, supervision and control of the commissioner of neighborhood safety and opportunity, called the commissioner, who shall be appointed by the Board of Directors with the approval of the Governor, and who shall serve at the pleasure of the Board of Directors and may be removed by the Board of Directors at any time, subject to the approval of the Governor. The position of commissioner shall be classified in accordance with section 45 of chapter 30 of the General Laws, as appearing in the 2012 Official Edition and the salary shall be determined in accordance with section 46C of said 30 and the commissioner shall devote full time during business hours to the duties of this office.

(d) The commissioner with the advice of the Board of Directors will have sole charge of the supervision and administration of the fund.

(e) The commissioner may promulgate, in accordance with the provisions of chapter 30 A of the General Laws, rules and regulations relating to the services provided by the commission.

(f) The commissioner may also appoint such other personnel as may be deemed necessary for the efficient management of the fund.

(g) The total expenditure from the fund for administration, including salaries and benefits of the commissioner and staff described in subsections (a) through (u) of this section, shall not exceed 5% of the total amount disbursed by the fund in any given fiscal year.

(h) If an employee of the commonwealth or of a political subdivision, as defined in section one of chapter thirty-two, shall be appointed to any such position, , and later, upon conclusion of his service to the Trust Fund, be restored to his previously held civil service position,  such restoration shall be made without impairment of the employee’s civil service status or tenure under section 9A of chapter 30 and without loss of seniority, retirement or other rights to which uninterrupted service in such position would have entitled the employee. During the period of such appointment each person so appointed from a classified civil service position shall be eligible to take any competitive promotional examination for which he would have otherwise been eligible.

(i) The monies in the Neighborhood Safety and Opportunity Trust Fund shall be appropriated for the purpose of righting an unbalanced economy by creating opportunities for job training, job creation, and job placement for those who face high barriers to employment.  The target population is defined as any person who meets two or more of the following characteristics:  is under 25 years of age; is a victim of violence; is a veteran; does not have a high school diploma (if over 18 years of age); has been convicted of a felony; has been unemployed or has had family income below 250% of the federal poverty level for six months or more; or lives in a census tract where over 20% of the population fall below the federal poverty line.

(j) By September 15 of each fiscal year, the Secretary of Housing and Economic Development shall publicly request proposals from private and public agencies regarding the use of funds from the Neighborhood Safety and Opportunity Fund.  Eligible programs shall exhibit a model of creating employment opportunities for members of the target population, or, in the case of programs serving a target population aged 20 years and under, may instead demonstrate a model of building within such members the skills necessary for future employment.  Such model shall be supported by research and evaluation, and may include: transitional employment programs; social enterprise; pre-apprenticeship or other training programs; school- or community-based high school dropout prevention and re-engagement programs; cooperative and small business development programs; and community-based workforce development programs. Components of successful programs may include, but are not limited to: job training in both “soft skills” and skills identified as lacking in growth industries; stipends or wage subsidies; serving as employer of record with private employers; case management; cognitive behavioral therapy; and supports such as child care vouchers or transportation assistance. The Trust may give priority to programs that include access to services such as addiction treatment and trauma-informed mental health care as relevant to the Trust’s mission, but such services by themselves are not eligible to be funded by the Trust. Training programs that do not include a strong presumption of full employment by a specific employer, or entry into a bona fide apprenticeship program recognized by the Commonwealth of Massachusetts, upon successful completion by each participant shall not be eligible for funding; provided that high school dropout prevention and re-engagement programs need not include said presumption.  Eligible employment programs must engage participants in employment at a living wage  and my use funds from the Trust to provide a wage subsidy for up to 24 months in order to achieve that goal

(k) An employer may not employ an individual for a position funded under this Act, if--

(1) employing such individual will result in the layoff or partial displacement (such as a reduction in hours, wages, or employee benefits) of an existing employee of the employer; or

(2) such individual will perform the same or substantially similar work that had previously been performed by an employee of the employer who has been laid off or partially displaced (as such term is described in subclause (1); and has not been offered by the employer to be restored to the position the employee had immediately prior to being laid off or partially displaced.

(3) An individual may not be hired for a position funded under this Act in a manner that infringes upon the promotional opportunities of an existing employee (as of the date of such hiring) of an employer receiving funds under this Act.

(l) Any employer that employs an individual whose employment is funded under a grant from the Trust shall--

(1) continue to employ such individual for not less than 12 months, subject to the individual’s satisfactory performance of the reasonable requirements of the individual’s employment;

(2) if such an individual desires full-time employment, employ such individual for not less than 35 hours per week and not more than 40 hours, and if such an individual desires part-time work, employ such individual for a mutually agreed number of hours per week that is less than 35 hours per week;

(3) comply with responsible contractor standards, as determined by the relevant official in the unit of local government;

(4) provide compensation to such individual on a per hour basis equal to the compensation provided to public sector employees who perform similar work in the community where such individual is employed or, if no public sector employees perform such similar work, provide compensation to such individual that is comparable to the compensation provided to private-sector employees who perform similar work in the community where such individual is employed;

(5) if such employment is in construction, provide compensation to any laborer or mechanic employed under the grant at rates not less than those prevailing on similar construction in the locality

(m) No individual whose employment is funded under the grant may work for an employer at which a collective bargaining agreement is in effect covering the same or similar work, unless--

(1) the consent of the union at such employer is obtained; and

(2) negotiations have taken place between such union and the employer as to the terms and conditions of such employment.

(n) The existence of a felony record shall not be a barrier to hiring, training, or otherwise engaging a participant in employment under this Act, unless the specific conditions of employment and the nature of a specific charge on the criminal record combine so as to present a clear risk to the safety of a vulnerable population.    Employers who do not follow such a policy shall not be eligible to receive funds or benefit from wage subsidies under this Act.

(o) Recipients of grants under the Neighborhood Safety and Opportunity Trust Fund shall comply with data collection and evaluation requirements as established by the commissioner, to ensure the effectiveness of programs funded under this Act.

(p) All contracts granted by the Neighborhood Safety and Opportunity Trust Fund will include reporting on outcomes related to the recidivism, employment attainment/retainment, and/or educational attainment, as appropriate, of participants served.  The Board of Directors shall create the rules associated with requests for proposals that prioritize the attainment and performance measurement of all outcomes listed above.

(q) Every three years, the Auditor shall conduct an audit of the grant programs operated by the agencies specified in paragraph (a) to ensure the funds are disbursed and expended solely according to this chapter and shall report his or her findings to the Legislature and the public.

(r) Any costs incurred by the Auditor and the Secretary of Administration and Finance in connection with the administration of the Neighborhood Safety and Opportunity Trust Fund, including the costs of the calculation required by subsection a(1) and the audit required by  subsection 3(s) shall be deducted from the Neighborhood Safety and Opportunity Trust Fund before grants are disbursed pursuant to subsection 3(g).

(s) The Board of Directors shall develop rules and regulations for calculating the savings resulting in all measures related to Sections 1-42, which shall account at a minimum for the variable costs averted, such as food and medical expenses, and also consider fixed expenditures that are avoided if larger numbers of potential inmates are avoided; The Board of Directors, with approval from the Secretary of Administration and Finance, shall determine the rules associated with appropriating all monies into the Neighborhood Safety and Opportunity Fund based upon all savings. The Board of Directors shall contract with a third party agency that has experience in the provision of criminal justice cost avoidance analyses for states, that will provide a report summarizing all savings, both actual and best available forecasted estimates based upon the calculation rules set forth by the Board of Directors. Such Annual Cost Avoidance Report will be delivered to the Secretary of Administration and Finance within 30 days of the ending of each fiscal year.