SENATE DOCKET, NO. 650        FILED ON: 1/15/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1245

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Cynthia S. Creem

_________________

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 prison overcrowding.

_______________

PETITION OF:

 

Name:

District/Address:

Cynthia S. Creem

First Middlesex and Norfolk

Ruth B. Balser

12th Middlesex

Tricia Farley-Bouvier

3rd Berkshire

Carolyn C. Dykema

8th Middlesex

James B. Eldridge

Middlesex and Worcester

Jason M. Lewis

Fifth Middlesex


SENATE DOCKET, NO. 650        FILED ON: 1/15/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1245

By Ms. Creem, a petition (accompanied by bill, Senate, No. 1245) of Cynthia S. Creem, Ruth B. Balser, Tricia Farley-Bouvier, Carolyn C. Dykema and other members of the General Court for legislation relative to sentencing laws.  Public Safety and Homeland Security.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 710 OF 2013-2014.]

 

The Commonwealth of Massachusetts

 

_______________

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

_______________

 

An Act relative to prison overcrowding.

 

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. There shall be a commission to study the issue of prison overcrowding, the threat overcrowding posses to public safety and to make recommendations for the reduction in the population of the commonwealth’s prisons, houses of corrections and jails.  The commission shall include and be co-chaired by the senate and house chairs of the joint committee on public safety.  The commission’s other members shall be the secretary of public safety, the commissioner of the department of corrections, the president of the Massachusetts Sheriff’s Association, and a representative of the Massachusetts Correctional Legal Services.  

SECTION 2.  Chapter 276, as appearing in the 2012 Official Edition, is hereby amended by striking out section 42 and inserting the following new section:-  

Section 42.  If it appears that a crime has been committed and that there is probable cause to believe the prisoner guilty, the court or justice shall, if final jurisdiction is not exercised, admit the prisoner to bail, if the crime is bailable and sufficient bail is offered; otherwise, except as provided for in section 16 of chapter 125, such prisoner shall be either committed to jail or placed under electronic supervision by the sheriff until trial.  If a prisoner cannot offer sufficient bail, the court may place them under electronic supervision by the sheriff as an alternative to being committed to a jail.

SECTION 3.  Section 57 of chapter 276, as so appearing, is hereby further amended by inserting in line 9 after the words “or witness to bail” the following words:- or electronic supervision by the sheriff

SECTION 4.  Section 57 of chapter 276, as so appearing, is hereby further amended by inserting in line 13 after the words “to take bail” the following words:- or placed on electronic supervision