HOUSE DOCKET, NO. 3355        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3089

The Commonwealth of Massachusetts

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PRESENTED BY:

Christopher M. Markey

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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 relative to the use of community corrections for pre-trial detainees and criminal defendants.

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PETITION OF:

HOUSE DOCKET, NO. 3355        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3089

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1486 OF 2015-2016.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act relative to the use of community corrections for pre-trial detainees and criminal defendants.

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 16 of chapter 125 of the General Laws, as appearing in 2012 Official Edition, is hereby amended by inserting at the end thereof the following sentence:-

The commissioner of corrections may, upon approval of the commissioner, place female prisoners held for trial in a community corrections program under chapter 211F.

SECTION 2. Section 4 of chapter 126, as appearing in the 2012 Official Edition, is hereby amended by inserting, after the first sentence, the following sentence:-

The sheriff, superintendent, keeper or other officer in charge of the jail may, upon approval of the commissioner, place a person who is charged with a crime and committed for trial in a community corrections program under chapter 211F.

SECTION 3. Section 48 of chapter 127 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting, after the third sentence, the following sentence:-

The commissioner or the administrators of county correctional facilities may, upon approval of the commissioner, place inmates in a community corrections program under chapter 211F.

SECTION 4. Section 49 of chapter 127, as so appearing, is hereby amended by inserting after the word “facility;”,  in line 7, the following words:- or to participate in a community corrections program under chapter 211F;

SECTION 5. Section 90A of chapter 127 of the General Laws, as so appearing, is hereby amended by striking out subsection (f) and inserting in place thereof the following section:- (f) to participate in a community corrections program under chapter 211F; or

SECTION 6.  Said section 90A of chapter 127, as so appearing, is hereby further amended by inserting after subsection (f) the following section:- (g) for any other reason consistent with the reintegration of a committed offender into the community.

SECTION 7. Subsection (a) of section 3 of chapter 211F of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting at the end thereof the following 2 sentences:-

Under section 49 of chapter 127, the commissioner of corrections or the administrator of a county correctional facility, upon approval of the commissioner, may place in a community corrections program an inmate eligible to participate in education, training or employment under section 48 of chapter 127. Under section 16 of chapter 125 or section 4 of chapter 126, the commissioner of corrections or the administrator of a county correctional facility may, upon approval of the commissioner, place a person who is being held for trial in a community corrections program under chapter 211F.

SECTION 8. Subsection (c) of section 3 of chapter 211F of the General Laws, as so appearing, is hereby amended by striking out, in line 8,  the word “sentence” and inserting the following words:- court-ordered sentence

SECTION 9.  Said section 3 of chapter 211F, as so appearing, is hereby further amended by inserting after subsection (d) the following subsection:-

(e) Participation in a community corrections program may be ordered by the court, in lieu of bail, or as a condition of release consistent with sections 57, 58, and 58A of chapter two hundred and seventy-six and subject to the eligibility requirements of this section.

SECTION 10. Subsection (b) of section 4 of chapter 211F, as so appearing, is hereby amended by inserting after the word “supervision”, in line 34, the following words:- and by the commissioner of corrections, under sections 48, 49 and 90A of chapter 127, for the purpose of re-entry and reintegration or, under section 16 of chapter 125 or section 4 of chapter 126, for the purpose of community supervision of persons held for trial.

SECTION 11.  Said section 4 of chapter 211F, as so appearing, is hereby further amended by inserting after subsection (c) the following subsection:-

(d) Community corrections programs may be utilized by the probation department for pretrial supervision consistent with section eighty-seven of chapter two hundred and seventy-six.