SENATE DOCKET, NO. 1289        FILED ON: 1/16/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 731

The Commonwealth of Massachusetts

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PRESENTED BY:

William N. Brownsberger

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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 protecting the rights of probationers in drug courts.

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PETITION OF:

SENATE DOCKET, NO. 1289        FILED ON: 1/16/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 731

The Commonwealth of Massachusetts

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

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An Act protecting the rights of probationers in drug courts.

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

The General Laws are amended by adding the following new chapter:

Chapter 276B: Drug Courts

Section 1: Definitions

As used in this Chapter, the following terms shall have the following meanings:

“Drug Court Eligible Offender”, a person with a current addiction to a substance who has been convicted of at least two felonies in the past ten years which may include the present offense.

“Drug Court Judge”, a judge who in addition to being a member of the bar has a master’s degree in social work, a master’s degree in psychology, is a doctor of medicine, or bears similar advanced credentials relevant to the treatment of addiction, or who has successfully completed a course of drug court training.

“Drug Court Probation”, a sentence to a term of probation with conditions that include (a) remaining drug and alcohol free; (b) submitting to regular testing for substance metabolites; (c) participation in drug or alcohol treatment; and (d) participation in drug court sessions with a judge.

“Drug Court Session”, a session of a court in which a list of offenders on drug court probation is called and each offender engages in colloquies with the judge related to his or her compliance with probation and his or her progress in drug or alcohol treatment.

“Drug Court Training”, a course of training to be developed and approved by the Chief Justice of the Trial Court in consultation with the National Association of Drug Court Professionals.  

Section 2: Qualifications of Judges Sitting in Drug Courts

No judge shall (a) preside in a drug court session; (b) find a defendant to be drug court eligible; (c) sentence an offender to drug court probation; or (d) sentence an offender on drug court probation for a violation of probation, unless he or she has been approved as a drug court judge by the Chief Justice of the Trial Court.

Section 3: Sentencing to Drug Court Probation

No person shall be sentenced to drug court probation unless he or she has been found to be drug court eligible.

Section 4: Information for Defendants Prior to Entry Into Drug Court Probation

A defendant shall not be sentenced to drug court, unless the court is satisfied that the defendant has been previously informed of the rules and procedures governing drug court probation, including an explanation of his or her rights pursuant to section 6.

Section 5: Limitation of Sanctions in Drug Court

No person sentenced to drug court probation shall be held overnight or for any longer period, whether in a jail or a house of correction or state prison, based on a preliminary or final finding that he or she has violated his or her probation solely by using alcohol or drugs, nor shall overnight detention be imposed because no treatment bed is available. The Chief Justice of the Trial Court shall promulgate sanctioning guidelines for drug court probation that are consistent with this section and with emerging research on effective approaches to sanctioning drug court offenders.

Section 6: Oversight of Drug Courts

If the prosecution or the defense or a person sentenced to drug court probation perceives that a drug court judge has with undue frequency departed from the sanctioning guidelines for drug court probation developed pursuant to Section 5, he or she may complain to the Chief Justice of the Trial Court on a form to be developed by the Chief Justice.  His or her complaint need not pertain to his or her own case or to any case still pending in the drug court, but must allege departures occurring within the past twelve months. The right to complain under this section shall be in addition to, not in lieu of, other rights of appeal available to persons sentenced to drug court probation.

Section 7:  Effective Dates and Transition Rules

Sections 3 and 4 of this act shall apply only to defendants sentenced to drug court probation after the effective date of this act.  The first sentence of section 5 shall apply to all defendants on drug court probation as of the effective date of this act and to all defendants sentenced to drug court probation after the effective date of this act.  Sections 2 and 6 and the second sentence of section 5 shall take effect 12 months from the effective date of this act.