HOUSE DOCKET, NO. 1374        FILED ON: 1/18/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 943

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

David M. Rogers

_________________

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 fees for indigent defendants.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

David M. Rogers

24th Middlesex

1/18/2017

John W. Scibak

2nd Hampshire

 

Denise Provost

27th Middlesex

 

Jason M. Lewis

Fifth Middlesex

 

Ruth B. Balser

12th Middlesex

 

James B. Eldridge

Middlesex and Worcester

 

Mike Connolly

26th Middlesex

 

Dylan Fernandes

Barnstable, Dukes and Nantucket

 

Marjorie C. Decker

25th Middlesex

 

Patricia D. Jehlen

Second Middlesex

 

Paul Brodeur

32nd Middlesex

 


HOUSE DOCKET, NO. 1374        FILED ON: 1/18/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 943

By Mr. Rogers of Cambridge, a petition (accompanied by bill, House, No. 943) of David M. Rogers and others relative to fees for indigent defendants and the verification of indigency.  The Judiciary.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3448 OF 2015-2016.]

 

The Commonwealth of Massachusetts

 

_______________

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

_______________

 

An Act relative to fees for indigent 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 2 of chapter 211D of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The committee for public counsel services shall establish a definition of “indigency” for the purposes of this chapter and uniform standards and procedures for the determination by the courts of the commonwealth that a person is indigent and is unable to obtain counsel.

SECTION 2. Section 2A of said chapter 211D, as so appearing, is hereby amended by striking out subsections (f), (g), (h) and (i) and inserting in place thereof the following subsection:-

(f) The office of the commissioner of probation shall submit quarterly reports to the house and senate committees on ways and means that shall include, but not be limited to: (1) the number of individuals claiming indigency who are determined to be indigent; (2) the number of individuals claiming indigency who are determined not to be indigent; (3) the number of individuals found to have misrepresented wage, tax or asset information; (4) the number of individuals found to no longer qualify for appointment of counsel upon any re-assessment of indigency required by this section; (5) the total number of times an indigent misrepresentation fee was collected and the aggregate amount of indigent misrepresentation fees collected; and (6) other pertinent information to ascertain the effectiveness of indigency verification procedures. The information within such reports shall be delineated by court division, and delineated further by month.