SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2199

The Commonwealth of Massachusetts

_______________

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

_______________

by striking all after the enacting clause and inserting in place thereof the following:-

Section1  : Notwithstanding any general or special law to the contrary there shall be a task force to evaluate and review the impact and effectiveness of eliminating certain mandatory minimum sentences and to make recommendations on the advisability of making further changes to criminal sentences that impose a mandatory minimum sentence.  The evaluation and review shall include, but not be limited to:(i) the impact of such sentences on minority communities or neighborhoods; (ii) the impact of such sentencing policies on access to equal justice, including the impact such policies have on pleading to other crimes; (iii) the impact of such policies on different age groups, including young adults: (iv) an examination of such sentences as compared to other crimes that do not impose a mandatory minimum sentence, including comparisons with other state and federal sentencing schemes; (v) a comparative analysis of the costs of such sentencing policies to the state; (vi) the effectiveness such sentencing policies have on reducing crime; (vii) the advisability of adopting so-called “safety valve” provisions, or other policies which allow for the imposition of a sentence less than the mandatory minimum sentence; and (viii) a review of the effectiveness and advisability of drug sentencing policies that allow intent to be based solely on the weight of the substance. 

The task force shall consist of 11 members, which shall include the Attorney General or a designee, who shall serve as Chair; the Secretary of the Executive Office of Public Safety or a designee; the Commissioner of Probation or a designee; 1 member designated by the Massachusetts Sentencing Commission; 1 member appointed by the Executive Office of the Trial Court; 1 member designated by the Committee for Public Counsel Services; 1 member designated by the American Civil Liberties Union of Massachusetts; 1 member designated by the Massachusetts District Attorney’s Association; 1 member designated by the Massachusetts Chiefs of Police Association; 1 member designated by Ex-Prisoners and Prisoners Organizing for Community Advancement (EPOCA); and 1 member designated by the Massachusetts Office for Victim Assistance.

Not later than January 1, 2020, the task force shall file a final report, which shall include recommendations for legislative or regulatory changes based on their findings, as appropriate, with the clerks of the senate and house of representatives, and the clerks shall forward the report to the senate and house chairs of the joint committee on the judiciary and the senate and house chairs of the joint committee on ways and means.

SECTION 2_ .  Section 99 of said chapter 272, as so appearing, is hereby amended by striking out, in lines 62, 129, 152, 156, 158, 197, 233, 237, 242, 246, 251, 256, 277, 486 and 574, the word “wire” and inserting in place thereof, in each instance, the following words:-  wire, electronic.

SECTION 3. Said section 99 of said chapter 272, as so appearing, is hereby further amended by striking out, in lines 92 and 201, the word “wire” and inserting in place thereof the following words:- wire or electronic.

SECTION 4..  Said section 99 of said chapter 272, as so appearing, is hereby further amended by striking out, in lines 141, 143, 285, 290, 294, 296, 301, 304 and 305, 307, 313, 378, 432, 477, 480 and 589 the words “oral or wire” and inserting in place thereof, in each instance, the following words:- wire, electronic or oral.

SECTION 5. Paragraph A of said section 99 of said chapter 272, as so appearing, is hereby amended by striking out the last subparagraph and inserting in place thereof the following 2 subparagraphs:-

The general court further finds that in certain circumstances normal investigative procedures may not be effective in the investigation of specific illegal acts not associated with organized crime as described in clause 7 of paragraph B. Therefore, law enforcement officials may use modern methods of electronic surveillance, under strict judicial supervision, when investigating those specific crimes development and unrestricted use of modern electronic surveillance devices pose grave dangers to the privacy of all citizens of the commonwealth. Therefore, the secret use of such devices by private individuals shall be prohibited. The use of such devices by law enforcement officials shall be conducted under strict judicial supervision and shall be limited to the investigation of designated offenses as defined in clause 7 of paragraph B. Because the commonwealth has a substantial interest in the investigation and prosecution of designated offenses committed within its borders, this section shall authorize, under appropriate judicial supervision, the interception of electronic communications between parties located outside the commonwealth so long as the designated offense under investigation is one over which the commonwealth has jurisdiction and the listening post is located within the commonwealth.

SECTION 6. Paragraph B of said section 99 of said chapter 272, as so appearing, is hereby amended by striking out clause 1 and inserting in place thereof the following clause:-

1. “Wire communication” shall mean any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable or other like connection between the point of origin and the point of reception, including the use of such connection in a switching station

SECTION 7. Said paragraph B of said section 99 of said chapter 272, as so appearing, is hereby further amended by striking out clauses 3 to 5, inclusive, and inserting in place thereof the following 6 clauses:-

3. "Communications device" shall mean a device or apparatus which is capable of transmitting, receiving, amplifying or recording an electronic, wire or oral communication.

4. "Intercepting device" shall mean a communications device other than a device the ordinary purpose of which is not interception of wire, electronic or oral communication; provided, however, that no body-mounted camera with an audio recording feature shall be considered an intercepting device when such an instrument is worn openly by a uniformed investigative or law enforcement officer or an officer conspicuously displaying the officer’s badge of authority or other visible indicator of the officer’s status as an investigative or law enforcement officer; provided further, that no hearing aid or similar device which is being used to correct subnormal hearing and no telephone or telegraph instrument, equipment, facility or any component thereof: (i) furnished to a subscriber or user by a communications common carrier in the ordinary course of its business under its tariff and being used by the subscriber or user in the ordinary course of its business; or (ii) being used by a communications common carrier in the ordinary course of its business shall be considered an intercepting device; and provided further, that no vehicle-mounted camera with an audio recording feature shall be considered an intercepting device when it is mounted on a marked law enforcement vehicle or when such camera is used to record a motor vehicle stop or other encounter involving a uniformed law enforcement officer or an officer conspicuously displaying the officer’s badge of authority or other visible indicator of the officer’s status as an investigative or law enforcement officer.

4A. ''Interception'' shall mean to secretly hear or secretly record or to aid another to secretly hear, view or otherwise inspect or secretly record the contents of a wire, electronic or oral communication contemporaneously with its transmission or conveyance by any person other than a person given prior authority by all parties to such communication; provided, however, that it shall not constitute an interception: (i) if no communications device is used to accomplish the interception; (ii) for an investigative or law enforcement officer to obtain information in real time concerning the existence of a communication and the identity of the parties to a communication but not the contents of the communication itself, where such action has been specifically authorized by the order of a court of competent jurisdiction pursuant to the procedure prescribed by 18 U.S.C. § 3123; (iii) for an investigative or law enforcement officer to record or transmit a wire, electronic or oral communication if the officer is a party to such communication or has been given prior authorization to record or transmit the communication by such a party and if recorded or transmitted in the course of an investigation of a designated offense as defined herein; or (iv) for any person to record a government actor in the performance of official business in public except when such recording unreasonably invades the privacy of a citizen informing on criminal conduct or reporting criminal conduct or a confidential informant.

4B. ''Contents'', when used with respect to any wire, electronic or oral communication, shall mean any information concerning the contents, substance, purport or meaning of that communication, including any spoken words, visual images or written materials.

4C. "Electronic communication" shall mean any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by wire, radio, electromagnetic, photoelectronic or photooptical system, but does not include (i) any wire or oral communication, (ii) any communication made through a tone-only paging device, (iii) any communication from a tracking device, or (iv) electronic funds transfer information stored by a financial institution in a communication system used for the electronic storage and transfer of funds

SECTION 182. Said paragraph B of said section 99 of said chapter 272, as so appearing, is hereby further amended by striking out clause 7 and inserting in place thereof the following clause:-

7. The term “designated offense” shall include (a) the following offenses in connection with organized crime as defined in the preamble:

; the illegal use, possession, theft, transfer or trafficking of one or more firearms, rifles, shotguns, sawed-off shotguns, machine guns, assault weapons, large capacity weapons, covert weapons as defined by section 121 of chapter 140, or silencers; any arson; assault and battery with a dangerous weapon; bribery; any felony burglary; money laundering in violation of chapter 267A; enterprise crime in violation of chapter 271A; extortion; forgery; gaming in violation of sections 38, 39, 40, 41 and 43 of chapter 23K and sections 16A and 17 of chapter 271; kidnapping; any felony larceny; lending of money or things of value in violation of the general laws; perjury; any felony involving prostitution; robbery; subornation of perjury; any violation of section 13B of chapter 268; any violation of this section; being an accessory to any fo the foregoing offenses; and conspiracy, attempt or solicitation to commit any of the foregoing offenses; and (b) the following offenses, whether or not in connection with organized crime, as referenced in paragraph 3 of the preamble: any murder or manslaughter, except under section 13 ½ of chapter 265; rape as defined in sections 22, 22A, 22B, 22C, 23, 23A, 23B, 24, and 24B of chapter 265; human trafficking in violation of sections 50 through 53 of chapter 265; any violation of chapter 94C involving the trafficking, manufacture, distribution of, or intent to distribute controlled substances; illegal trafficking in weapons; the illegal use or possession of explosives or chemical, radiological or biological weapons; civil rights violation causing bodily injury; intimidation of a witness or potential witness, or a judge, juror, grand juror, prosecutor, defense attorney, probation officer or parole officer; being an accessory to any of the foregoing offenses; and conspiracy, attempt or solicitation to commit any of the foregoing offenses.

SECTION 8. Paragraph I of said section 99 of said chapter 272, as so appearing, is hereby amended by striking out clause 2 and inserting in place thereof the following clause:-

2. the date of issuance, the date of effect and the termination date which shall not exceed 40 days after the date of effect; provided, however, that if physical installation of a device is necessary, the 40-day period shall begin upon the date of installation; provided further, that a warrant shall permit interception of wire, electronic or oral communications for a period not to exceed 30 days; and provided further, that if the effective period of the warrant is to terminate upon the acquisition of particular evidence or information or wire, electronic or oral communication, the warrant shall so provide.

SECTION 9. Said paragraph I of said section 99 of said chapter 272, as so appearing, is hereby further amended by striking out clause 6 and inserting in place thereof the following 3 clauses:-

6. the identity of the agency authorized to intercept the communications and the identity of the person authorizing the application;

7. a statement providing for service of the warrant pursuant to paragraph L; provided, however, that if there has been a finding of good cause shown requiring the postponement of such service, a statement of such finding together with the basis therefor shall be included and an alternative direction for deferred service pursuant to subparagraph 2 of said paragraph L; and

8. every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this chapter and shall terminate upon attainment of the authorized objective or in 30 days, whichever first occurs.

SECTION 185. Paragraph J of said section 99 of said chapter 272, as so appearing, is hereby amended by striking out the subparagraph 2 and inserting in place thereof the following subparagraph:-

2. Upon such application, the judge may issue an order renewing the warrant and extending the authorization for a period not exceeding 30 days from the entry thereof. The order shall specify the grounds for the issuance thereof. The application and an attested copy of the order shall be retained by the issuing judge to be transported to the chief justice in accordance with paragraph N. No renewal shall be granted that shall terminate later than 2 years following the effective date of the warrant.

SECTION 10. Said section 99 of said chapter 272, as so appearing, is hereby further amended by striking out paragraph K and inserting in place thereof the following paragraph:-

K.1. A warrant may be executed pursuant to its terms anywhere in the commonwealth or any other place that facilitates a wire, electronic or oral communication to which at least 1 party is within the commonwealth or which otherwise involves a wire, electronic or oral communication regarding a criminal offense for which criminal jurisdiction would exist in the commonwealth; provided, however, that the listening post is located within the commonwealth.

2. A warrant may be executed by the authorized applicant personally or by an investigative or law enforcement officer of the commonwealth designated by the applicant for that purpose or by any designated individual operating under a contract with the commonwealth or a political subdivision thereof acting under the supervision of an investigative or law enforcement officer authorized to execute the warrant.

3. A warrant may be executed according to its terms during the hours specified therein and for the period authorized therein or a part thereof. The authorization shall terminate upon the acquisition of the wire, electronic or oral communications, evidence or information described in the warrant. Upon termination of the authorization in the warrant and any renewals thereof, the interception shall immediately cease and any device installed for the purposes of the interception shall be removed as soon thereafter as practicable. Entry upon private premises for the removal of such device shall be deemed to be authorized by the warrant.

4. If an intercepted communication is in a code or foreign language and an expert in that code or foreign language is not reasonably available during the interception period, minimization shall be accomplished as soon as practicable after such interception.

5. Upon request of the applicant, the issuing judge may direct that a provider of wire or electronic communications service, landlord, custodian, or other person shall furnish the applicant forthwith all information, facilities, and technical assistance necessary to acomplish the interception unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party whose communications are to be intercepted. Any provider of wire or electronic communications service, landlord, custodian, or other person furnishing such facilities or technical assistance shall be compensated therefore by the applicant for reasonable expenses incurred in providing such facilities or assistance.

SECTION 11. Said section 99 of said chapter 272, as so appearing, is hereby further amended by adding, in line 291, after the words “and premises” the following:-

“or through a particularly described electronic account or identity”

SECTION 12. Said section 99 of said chapter 272, as so appearing, is hereby further amended by adding, in line 376, after the words “telegraph line”, the following:-

“, or electronic account or identity”

SECTION 13. Said section 99 of said chapter 272, as so appearing, is hereby further amended by adding, in line 436, after the words “telegraph line”, the following:-

“, or the owner or user of the electronic account or identity”

SECTION 14. Said section 99 of said chapter 272, as so appearing, is hereby further amended by adding, in line 471, after the words “if any,” the following:-

“the electronic account or identity,”

SECTION 15. clause D section 99 of Chapter 272 as appearing in the 2016 official edition is hereby amended by inserting after subclause f the following new sub clause:- (g) a listed, labeled emergency monitoring center of critical event signals including but not limited to fire alarms, and burglar alarms that are specifically listed, labeled or approved by nationally recognized testing laboratory under the united states department of labor including but not limited to U.L. or F.M. for signal monitoring in their ordinary course of business

SECTION 16. Section 31 of said chapter 94C, as so appearing, is hereby further amended by adding to “CLASS B” the following subsection:-

(f) Any substance controlled in Schedule II of Title 21 of the Code of Federal Regulations Part 1308.12, unless specifically excepted or unless listed in another class in this section.

SECTION X. Said section 31 of said chapter 94C, as so appearing, is hereby further amended by adding to “CLASS C” the following subsection:-

(g) Any substance controlled in Schedule III of Title 21 of the Code of Federal Regulations Part 1308.13, unless specifically excepted or unless listed in another class in this section.

SECTION X. Said section 31 of said chapter 94C, as so appearing, is hereby further amended by adding to “CLASS D” the following subsection:-

(c) Any substance controlled in Schedule IV of Title 21 of the Code of Federal Regulations Part 1308.14, unless specifically excepted or unless listed in another class in this section.

SECTION X. Said section 31 of said chapter 94C, as so appearing, is hereby further amended by adding to “CLASS E” the following subsection:-

(c) Any substance controlled in Schedule V of Title 21 of the Code of Federal Regulations Part 1308.15, unless specifically excepted or unless listed in another class in this section

SECTION 17_ . Section 28 of said chapter 127, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “twenty-three” in line 4, the following words:- , of the fingerprint-based state identification number.

SECTION 18_ . Chapter 218 is hereby further amended by inserting after section 32 the following section:-

Section 32A. An application for a criminal complaint submitted to the district court by a police department against a person arrested for or charged with an offense shall be accompanied by an offense-based tracking number or OBTN.  For the purposes of this section, an “OBTN” shall be a unique number assigned by the agency for such arrest or charge. The OBTN format shall be according to the policies of the department of state police and the department of criminal justice information services.  

An otherwise valid application for a complaint submitted by a police department against a person arrested shall not preclude the issuance of a complaint merely because the application does not include an arrestee's OBTN.  If a complaint is issued based on an application for a complaint submitted by a police department against a person arrested that did not include the arrestee's OBTN, the prosecutor shall submit the OBTN of the defendant to the court to be included in the case file. 

SECTION 19 . Section 35 of said chapter 279 of the General Laws, as so appearing, is hereby amended by inserting after the word “shall”, in line 3, the following words:- , to the extent that an individual has been assigned a fingerprint-based state identification number and that such number has been provided to the court.

SECTION 20_ . Said section 35 of said chapter 279 of the General Laws, as so appearing, is hereby further amended by inserting after the word “mittimus”, in line 4, the following words:- the person’s fingerprint-based state identification number,.

SECTION 21.  Chapter 84C of the General Laws is hereby amended by inserting after section 34A the following section:-

Section 34B: Immunity from prosecution under for persons under age 21 seeking medical assistance for self or other experiencing alcohol-related overdose

Section 34B. (a) A person under age 21 who, in good faith, seeks medical assistance for someone experiencing an alcohol-related overdose shall not be charged or prosecuted for possession of alcohol under Section 34C of Chapter 138 if the evidence for the charge of possession of alcohol was gained as a result of the seeking of medical assistance; provided, the adherence to the conditions of subsection (c).

(b) A person under age 21 who experiences an alcohol -related overdose and is in need of medical assistance and, in good faith, seeks such medical assistance, or is the subject of such a good faith request for medical assistance, shall not be charged or prosecuted under sections Section 34C of Chapter 138 if the evidence for the charge of possession of alcohol was gained as a result of the overdose seeking of medical assistance; provided, the adherence to the conditions of subsection (c).

(c) A law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that all of the following apply, (i) the person either requested medical assistance or acted in concert with another person who requested emergency medical assistance for an individual who reasonably appeared to be in need of medical assistance due to alcohol consumption; (ii) the person provided their full name and other relevant information requested by the law enforcement officer, and (iii) the person remained at the scene with the individual who reasonably appeared to be in need of medical assistance due to alcohol consumption until emergency medical assistance arrived and cooperated with emergency medical assistance personnel and law enforcement officers at the scene.

(d) Nothing in this section shall be construed to limit any seizure of evidence or contraband otherwise permitted by law. Nothing in this section shall be construed to limit or abridge the authority of a law enforcement officer to detain or take into custody a person in the course of an investigation or to effectuate an arrest for any offense.

SECTION  22_. Chapter 94C  of the General Laws is hereby amended by inserting after section 32N the following new section:-

SECTION 32O,  Controlled Substances Causing Death or Great Bodily Harm

(a) Any person who knowingly or intentionally manufactures, distributes, dispenses, delivers, gives away, barters, administers or provides any amount of a controlled substance or counterfeit substance which results in death shall be punished as murder in the second degree as defined by section 1 of chapter 265.  (b) Any person who knowingly causes, induces, abets or provides a person with a controlled substance or counterfeit substance which after being injected, inhaled, ingested or otherwise introduced into the body causes unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty shall have caused great bodily harm and shall be punished by imprisonment in the state prison for not less than ten years.  (c) Lack of knowledge of any previous health conditions shall not be a defense to any person who violates the provisions of this section.

SECTION 23_ . Chapter 94C of the General Laws is hereby amended by inserting the following new section:-

Section 32O: Illegal Trafficking of Opioids, Heroin, Firearms

(a) Whoever is found guilty for trafficking substances under section 32E paragraphs (c) or (c1/2) of this chapter and is concurrently or separately found guilty under section 10E, 10I,10J and or 10K of chapter 269 shall be punished by a term of up to life imprisonment in the state prison and a fine of not more than five hundred thousand  dollars. A prosecution commenced under this section shall not be placed on file or continued without a finding. A person convicted of violating this section shall not be eligible for furlough, work release, temporary release or receive any deduction from his sentence for good conduct under section 129C or 129D of chapter 127.

(b) Whoever being found guilty of any of the provisions in section 32E of this chapter while found to be in possession of a deceptive weapon as defined in section 121 of chapter 140, shall have up to five years added to their sentence

SECTION 24_ .  Section 22F of chapter 90 of the General Laws is hereby amended by striking out, in line 57, the word “four” and inserting in place thereof the following word:- “five”.

SECTION 25.  Section 22F of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 66-68, the following sentence:-

“An appeal to the superior court may be had, in accordance with the provisions of chapter thirty A, from any order of the registrar of motor vehicles made under the provisions of this section.”

SECTION 26 . Section 22F of said chapter 90 is hereby further amended by inserting at the end thereof the following paragraph:-

“Any person previously deemed an habitual offender under this section who has not had their license or right to operate a motor vehicle restored to them by the registrar for a period of more than 5 years and who is convicted of operating a motor vehicle while under the influence of intoxicating liquor or narcotic drugs in violation of paragraph (a) of subdivision (1) of section 24; operating a motor vehicle recklessly or negligently so that the lives and safety of the public might be endangered; making a false statement in an application for a learner’s permit or motor vehicle operator’s license or in an application for a registration of a motor vehicle; going away without making known his name, residence and the registration number of his vehicle after knowingly colliding with or otherwise causing injury to any person, other vehicle or property, all in violation of paragraph (a) of subdivision (2) of section 24; operating a motor vehicle after suspension or revocation of the person’s motor vehicle operator’s license or his right to operate motor vehicles in violation of section 23; operating a motor vehicle without a license in violation of section 10; or the commission of any felony in the commission of which a motor vehicle is used, shall be deemed a level 3 habitual traffic offender and the registrar shall immediately revoke such person’s license or right to operate and shall not issue a new license or reinstate the right to operate for a period up to life but not less than 5 years from the date of revocation, nor until such person has satisfactorily completed a driver improvement course approved by the registrar and has passed such examination as to his competence to operate motor vehicles as the registrar may require.

Any person previously deemed an habitual offender under this section who has not had their license or right to operate a motor vehicle restored to them by the registrar for a period of more than 5 years and who is convicted of 3 or more convictions of offenses which are required by any provision of law to be reported to the registrar and for which the registrar is authorized or required to suspend or revoke the person’s license or right to operate motor vehicles for a period of 30 days or more, shall be deemed a level 2 habitual offender and the registrar shall immediately revoke such person’s license or right to operate and shall not issue a new license or reinstate the right to operate to such person for a period of not less than 5 years from the date of revocation nor more than 15 years from such date of revocation, nor until such person has satisfactorily completed a driver improvement course approved by the registrar and has passed such examination as to his competence to operate motor vehicles as the registrar may require. Provided further, that any person previously deemed a level 2 habitual offender under this section who has not had their license or right to operate a motor vehicle restored to them by the registrar for a period of 5 years and is convicted of operating a motor vehicle while under the influence of intoxicating liquor or narcotic drugs in violation of paragraph (a) of subdivision (1) of section 24; operating a motor vehicle recklessly or negligently so that the lives and safety of the public might be endangered; making a false statement in an application for a learner’s permit or motor vehicle operator’s license or in an application for a registration of a motor vehicle; going away without making known his name, residence and the registration number of his vehicle after knowingly colliding with or otherwise causing injury to any person, other vehicle or property, all in violation of paragraph (a) of subdivision (2) of section 24; operating a motor vehicle after suspension or revocation of the person’s motor vehicle operator’s license or his right to operate motor vehicles in violation of section 23; operating a motor vehicle without a license in violation of section 10; or the commission of any felony in the commission of which a motor vehicle is used; or 2 or more convictions of offenses which are required by any provision of law to be reported to the registrar and for which the registrar is authorized or required to suspend or revoke the person’s license or right to operate motor vehicles for a period of 30 days or more, shall be deemed a level 3 habitual offender and the registrar shall immediately revoke such person’s license or right to operate and shall not issue a new license or reinstate the right to operate for a period up to life but not less than 5 years from the date of revocation, nor until such person has satisfactorily completed a driver improvement course approved by the registrar and has passed such examination as to his competence to operate motor vehicles as the registrar may require. The registrar may revoke from any level 3 habitual offender who has had their license or right to operate restored and who commits an automobile law violation, as defined in section 1 of chapter 90C, the license or right to operate for a period up to life. The registrar may further issue to any habitual traffic offender who has satisfied the durational license revocation requirements provided for in this section a new license or reinstate such person’s right to operate under such terms and conditions as the registrar deems appropriate and necessary. Nothing in this section shall limit the authority of the registrar to revoke a license or right to operate or issue a new license or reinstate the right to operate under section 24 of chapter 90. An appeal to the superior court may be had, in accordance with the provisions of chapter 30A, from any order of the registrar of motor vehicles made under the provisions of this section.

SECTION  27_.  Section 24G of chapter 90 of the General Laws is hereby amended by striking the section in its entirety and replacing it with the following section:--

Section 24G. (a) Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants, or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue, and so operates a motor vehicle recklessly or negligently so that the lives or safety of the public might be endangered, and by any such operation so described causes the death of another person, shall be guilty of homicide by a motor vehicle while under the influence of an intoxicating substance, and shall be punished by imprisonment in the state prison for not less than two and one-half years or more than fifteen years and a fine of not more than five thousand dollars, or by imprisonment in a jail or house of correction for not less than one year nor more than two and one-half years and a fine of not more than five thousand dollars. The sentence imposed upon such person shall not be reduced to less than one year, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, or furlough or receive any deduction from his sentence until such person has served at least one year of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subsection a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; or to engage in employment pursuant to a work release program. Prosecutions commenced under this section shall neither be continued without a finding nor placed on file.

The provisions of section eighty-seven of chapter two hundred and seventy-six shall not apply to any person charged with a violation of this subsection.

(b) Whoever, upon any way or in any place to which the public has a right of access or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue, or whoever operates a motor vehicle negligently so that the lives or safety of the public might be endangered and by any such operation causes the death of another person, shall be guilty of homicide by a motor vehicle and shall be punished by imprisonment in a jail or house of correction for not less than thirty days nor more than two and one-half years, or by a fine of not less than three hundred nor more than three thousand dollars, or both.

(c) Whoever, upon any way or in any place to which the public has a right of access or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle recklessly so that the lives or safety of the public might be endangered and by any such operation causes the death of another person, shall be guilty of reckless homicide by a motor vehicle and shall be punished by imprisonment in a jail or house of correction for not more than two and one-half years, or by imprisonment in the state prison for not more than ten years, or by a fine of not more than three thousand dollars, or by both such fine and imprisonment. For the purpose of this section, a person operates recklessly when he consciously disregards a substantial and unjustifiable risk that the lives or safety of the public might be endangered.

(d) The registrar shall revoke the license or right to operate of a person convicted of a violation of subsection (a), (b), (c) or punished under section 13 of chapter 265 of the General Laws when a motor vehicle is the instrument of the offense for a period of ten years after the date of conviction for a first offense. The registrar shall revoke the license or right to operate of a person convicted for a subsequent violation of this section for the life of such person. No appeal, motion for a new trial or exceptions shall operate to stay the revocation of the license or of the right to operate; provided, however, such license shall be restored or such right to operate shall be reinstated if the prosecution of such person ultimately terminates in favor of the defendant.

SECTION  28. Subsection (b) of section 12 of chapter 90 of the General Laws is hereby amended by striking, in line 9, the figure “$500”, and inserting in place thereof the following:- “$1,000”; and

further, by striking, in line 10, the figure “$1,000”, and inserting in place thereof the following :-“$2,000”.

SECTION 29. Subsection (c) of said section 12 of said chapter 90 of the General Laws is hereby further amended by striking, in line 17, the figure “$500”, and inserting in place thereof the following:-“ $1,000”; and

further, by striking, in line 18, the figure “$1,000”, and inserting in place thereof the following:- “2,000”.

SECTION __. Section 23 of chapter 90 of the General Laws is hereby amended by inserting after the word “finding.”, in line 118, the following paragraph:-

If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth or any other jurisdiction because of one or more like violations of the preceding paragraph preceding the date of the commission of the offense, the defendant shall be punished by a fine of not less than $5,000 and imprisonment in the house of correction for not less than 2 years nor more than 2 ½ years by imprisonment in the state prison for not less than 2½ years nor more than 5 years, with said sentence to be served consecutively to and not concurrent with any other sentence or penalty. Such sentence shall not be suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from the sentence for good conduct until the defendant shall have served said 2½ years of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution, or of the administrator of a county correctional institution, grant to an offender committed under this paragraph a temporary release in the custody of an officer of such institution only to obtain emergency medical or psychiatric services unavailable at said institution or to engage in employment pursuant to a work release program. Section 87 of chapter 276 shall not apply to any person charged with a violation of this paragraph. Prosecutions commenced under this paragraph shall not be placed on file or continued without a finding.

SECTION 30 . Said section 23 of said chapter 90 of the General Laws, as so appearing, is hereby further amended by adding the following paragraph:-

Notwithstanding this section or any other general or special law to the contrary, any person convicted of operating a motor vehicle after such person’s license or right to operate his been revoked for life, or after notice of such lifetime revocation of the right to operate a motor vehicle has been issued and received by such person or by such person’s agent or employer, such person shall be punished by a fine of not less than $5,000 and by imprisonment in a house of correction for not less than 1 year nor more than 2 ½ years or in state prison for not less than 2 ½ years nor more than 5 years; provided, however, that any person who operates a motor vehicle in violation of paragraph (a) of subdivision (1) of section 24, sections 24G or 24L, subsection (a) of section 8 of chapter 90B, sections 8A or 8B of chapter 90B or section 13½ of chapter 265, while said person’s license or right to operate has been revoked for life, or after notice of such lifetime revocation of the right to operate a motor vehicle has been issued and received by such person or by such person’s agent or employer, such person shall be punished by a fine of not less than $10,000 and by imprisonment in state prison for not less than 3 years nor more than 10 years. Sentences imposed pursuant to this paragraph shall not be suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from the sentence for good conduct until the defendant shall have served 5 years of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution, or of the administrator of a county correctional institution, grant to an offender committed under this paragraph a temporary release in the custody of an officer of such institution only to obtain emergency medical or psychiatric services unavailable at said institution or to engage in employment pursuant to a work release program. Section 87 of chapter 276 shall not apply to any person charged with a violation of this paragraph. Prosecutions commenced under this paragraph shall not be placed on file or continued without a finding.

SECTION  31.  Section 24 of said chapter 90 of the General Laws, as so appearing, is hereby amended by striking, in line 145, the word “five”, and inserting in place thereof the following word:- “ten”.

SECTION 32_ . Section 58A of chapter 276 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in lines 16 to 17, the words conviction for a.

SECTION 33 . There shall be a pilot program for the purpose of implementing alternatives to incarceration and strengthening pretrial and post-trial options available to prosecutors and judges for responding to certain operating under the influence of alcohol or drug offenses.

The executive office of public safety and security, in consultation with the attorney general, the district attorneys association, and the Massachusetts sheriffs association, shall develop a 3-year pilot program for a county sheriff department to establish a 24/7 sobriety program. The pilot program shall be a competitive grant process. The executive office of public safety and security, in consultation with the attorney general, the district attorneys association, and the Massachusetts sheriffs association, shall develop criteria for grant eligibility, which shall include the implementation of a 24/7 sobriety program which shall be designed to (1) allow for those selected by a prosecutor and court charged or convicted of a second or subsequent offense of operating a motor vehicle under the influence to participate; (2) allow a court to condition any bond, pre-trial release, the suspended imposition of a sentence, suspended execution of a sentence, or probation upon participation in the 24/7 sobriety program; (3) test to determine the presence and level of alcohol or a controlled substance in an individual’s sweat, blood, breath or urine as shown by chemical test or analysis; and (4) provide testing to occur not less than 2 times a day approximately 12 hours apart at multiple testing locations throughout the county.

The executive office of public safety and security, in consultation with the attorney general, the district attorneys association, and the Massachusetts sheriffs association, may promulgate rules and regulations for the pilot program, which may include, though not necessarily limited to:

(i) regulate the nature and manner of testing;

(ii) regulate the procedures and apparatus for testing;

(iii) set user fees; provided, however, that the fees collected shall be deposited into the county sheriff department administering the 24/7 sobriety program; provided, further, however, that fees collected shall be applied and used only toward the costs of twice a day testing, including maintaining equipment, funding support services and ensuring compliance;

(iv) require and provide for a sobriety data management plan to be used by the executive office of public safety and security and the sheriff department to manage testing, data access, fees and fee payments, and any required reports; and

(v) allow for those participating in the 24/7 sobriety program, in addition to any and all necessary education, treatment, or rehabilitation programs, to operate a motor vehicle with any conditions imposed by the court, sheriff department, and registrar, notwithstanding section 24 of chapter 90, provided further that any ignition interlock required by law shall not be eliminated, reduced or replaced by the 24/7 sobriety program.

The executive office of public safety and security, in consultation with the attorney general, the district attorneys association, and the Massachusetts sheriffs association shall develop guidelines for review of the sheriff department pilot program. The sheriff department shall participate in any evaluation or accountability process implemented by or authorized by the executive office of public safety and security.

SECTION 34_. Section 24 of chapter 90 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 319, the words “or twenty-four E,”.

SECTION 35_. Said section 24 of said chapter 90, as so appearing, is hereby further amended by inserting after the figure “(b)”, in line 320, the following words:- for being under the influence of a controlled substance or the vapors of glue.

SECTION 36_. Subparagraph (1) of paragraph (c) of subdivision (1) of said section 24 of said chapter 90, as so appearing, is hereby amended by adding the following paragraph:- Where the license or right to operate has been revoked pursuant to sections 24D or 24E or pursuant to paragraph (b), for operating a motor vehicle with a percentage, by weight, of alcohol in the operator’s blood of .08 or greater, and such person has not been convicted of a like offense or has not been assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the commonwealth or any other jurisdiction preceding the date of the commission of the offense for which the operator was convicted, the registrar shall not restore the license or reinstate the right to operate to that person unless the prosecution of that person has been terminated in favor of the defendant, until 1 year after the date of conviction; provided, however, that such person may, after receiving notice of the revocation from the registrar, apply for the issuance of an ignition interlock license. Mandatory restrictions on an ignition interlock license granted by the registrar pursuant to this subparagraph shall include, but not be limited to: (i) proof in a format determined by the registrar that a functioning certified ignition interlock device is installed on vehicles that will be operated by the person during the term of the ignition interlock license; and (ii) an attestation that ignition interlock devices will be maintained on all vehicles to be operated by the person. A person with an ignition interlock license shall be prohibited from operating vehicles without an ignition interlock device for the duration of the license. Failure of the operator to remain in compliance with court probation shall be cause for immediate revocation of the ignition interlock license. The registrar shall provide notice of a revocation to the person issued the ignition interlock license at the address of record at the registry.

SECTION  37. Said section 24 of said chapter 90, as so appearing, is hereby further amended by inserting after the figure “(b)”, in line 347, the following words:- for being under the influence of a controlled substance or the vapors of glue. SECTION 5. Subparagraph (2) of said paragraph (c) of said subdivision (1) of said section 24 of said chapter 90, as so appearing, is hereby amended by striking out the last sentence.

SECTION 38_. Said subparagraph (2) of said paragraph (c) of said subdivision (1) of said section 24 of said chapter 90, as so appearing, is hereby further amended by adding the following paragraph:- Where the license or the right to operate of a person has been revoked pursuant to paragraph (b) for operating a motor vehicle with a percentage, by weight, of alcohol in the operator’s blood of .08 or greater and that person has been previously convicted of a like offense or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like offense preceding the date of the commission of the offense for which that person has been convicted, the registrar shall not restore the license or reinstate the right to operate of that person unless the prosecution from the registrar, apply for the issuance of an ignition interlock license. That person shall provide proof in a format acceptable to the registrar that the person has enrolled in and is successfully completing the residential treatment program in subparagraph (4) of paragraph (a) of subdivision (1) or a treatment program mandated by section 24D or has completed the incarcerated portion of the sentence. Mandatory restrictions on an ignition interlock license granted by the registrar pursuant to this subparagraph shall include but not be limited to: (i) proof in a format determined by the registrar that a functioning certified ignition interlock device is installed on vehicles that will be operated by the person during the term of the ignition interlock license; and (ii) an attestation that ignition interlock devices will be maintained on all vehicles to be operated by the person. A person with an ignition interlock license shall be prohibited from operating vehicles without an ignition interlock device for the duration of the license. Failure of the operator to remain in compliance with court probation shall be cause for immediate revocation of the ignition interlock license. The registrar shall provide notice of a revocation to the person issued the ignition interlock license at the address of record at the registry.

SECTION 39_. Said section 24 of said chapter 90, as so appearing, is hereby amended by inserting after the figure “(b)”, in line 382, the following words:- for being under the influence of a controlled substance or the vapors of glue.

SECTION 40. Subparagraph (3) of said paragraph (c) of said subdivision (1) of said section 24 of said chapter 90, as so appearing, is hereby amended by striking out the last sentence.

SECTION  41_. Said subparagraph (3) of said paragraph (c) of said subdivision (1) of said section 24 of said chapter 90, as so appearing, is hereby further amended by adding the following paragraph:- Where the license or right to operate of a person has been revoked pursuant to paragraph  (b) for operating a motor vehicle with a percentage, by weight, of alcohol in the operator’s blood of .08 or greater and that person has been previously convicted of a like offense or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the commonwealth or any other jurisdiction 2 times preceding the date of the commission of the offense for which that person has been convicted or where the license or right to operate has been revoked due to a violation section 23 and such revocation was made pursuant to paragraph (b) or section 24D or 24E, the registrar shall not restore the license or reinstate the right to operate to that person, unless the prosecution of that person has terminated in favor of the defendant, until 8 years after the date of conviction; provided, however, that such person may, after completion of the incarcerated portion of the sentence, apply for an ignition interlock license for the balance of the 8 year revocation period. Such person shall provide proof in a format acceptable to the registrar that the person has enrolled in and is successfully completing the residential treatment program in subparagraph (4) of paragraph (a) of subdivision  (1) or such treatment program mandated by section 24D. Mandatory restrictions on an ignition interlock license granted by the registrar pursuant to this subparagraph shall include but not be limited to: (i) proof in a format determined by the registrar that a functioning certified ignition interlock device is installed on vehicles that will be operated by the person during the term of the ignition interlock license; and (ii) an attestation that ignition interlock devices will be maintained on all vehicles to be operated by the person. A person with an ignition interlock license shall be prohibited from operating vehicles without an ignition interlock device for the duration of the license. Failure of the operator to remain in compliance with court probation shall be cause for immediate revocation of the ignition interlock license. The registrar shall provide notice of a revocation to the person issued the ignition interlock license at the address of record at the registry.

SECTION 42_. Said section 24 of said chapter 90, as so appearing, is hereby further amended by inserting after the figure “(b)”, in line 417, the following words:- for being under the influence of a controlled substance or the vapors of glue. SECTION 12. Subparagraph (3½) of said paragraph (c) of said subdivision (1) of said section 24 of said chapter 90, as so appearing, is hereby amended by striking out the last sentence.

SECTION 43_. Said subparagraph (3½) of said paragraph (c) of said subdivision (1) of said section 24 of said chapter 90, as so appearing, is hereby further amended by adding the following paragraph:- Where the license or the right to operate of a person has been revoked pursuant to subsection (b) for operating a motor vehicle with a percentage, by weight, of alcohol in the operator’s blood of .08 or greater and that person has been previously convicted of a like offense or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like offense 3 times preceding the date of the commission of the offense for which the person has been convicted, the registrar shall not restore the license or reinstate the right to operate of that person unless the prosecution of that person has been terminated in favor of the defendant, until 10 years after the date of the conviction; provided, however, that such person may, after the completion of the incarcerated portion of the sentence, apply for the issuance of an ignition interlock license. Such person shall provide proof in a format acceptable to the registrar that the person has enrolled in and is successfully completing the residential treatment program in subparagraph (4) of paragraph (a) of subdivision (1) or a treatment program mandated by section 24D. The ignition interlock license shall not be removed for the life of the person; provided, however, that the person may petition the registrar for removal not less than 10 years after the issuance of the ignition interlock license and not less than every 5 years thereafter. Mandatory restrictions on an ignition interlock license granted by the registrar pursuant to this subparagraph shall include, but not be limited to: (i) proof in a format determined by the registrar that a functioning certified ignition interlock device is installed on vehicles that will be operated by the person during the term of the ignition interlock license; and (ii) an attestation that ignition interlock devices will be maintained on all vehicles to be operated by the person. A person with an ignition interlock license shall be prohibited from operating vehicles without an ignition interlock device for the duration of the license. Failure of the operator to remain in compliance with probation shall be cause for immediate revocation of the ignition interlock license. The registrar shall provide notice of a revocation to the person issued the ignition interlock license at the address of record at the registry. An aggrieved party may appeal, in accordance with chapter 30A, from an order of the registrar of motor vehicles pursuant to this subparagraph.

SECTION  44_. Said paragraph (c) of said subdivision (1) of said section 24 of said chapter 90, as so appearing, is hereby further amended by striking out subparagraph (3¾) and inserting in place thereof the following subparagraph:-  (3¾) Where the license or the right to operate of a person has been revoked pursuant to paragraph (b) and that person was previously convicted of a like offense or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like offense not less than 4 times preceding the date of the commission of the offense for which the person has been convicted, that person's license or right to operate a motor vehicle shall be revoked for the life of that person; provided, however, that such person may, after completion of the incarcerated portion of the sentence, apply for an ignition interlock license. Such person shall provide proof in a format acceptable to the registrar that the person has enrolled in and has successfully completed or is successfully completing the residential treatment program in subparagraph (4) of paragraph (a) of subdivision  (1) or a treatment program mandated by section 24D and has completed the incarcerated portion of the sentence. The ignition interlock license shall not be removed for the life of the person; provided, however, that the person may petition the registrar for removal not less than 10 years after the issuance of the ignition interlock license and not less than every 5 years thereafter. Mandatory restrictions on an ignition interlock license granted by the registrar pursuant to this subparagraph shall include, but not be limited to: (i) proof in a format determined by the registrar that a functioning certified ignition interlock device is installed on vehicles that will be operated by the person during the term of the ignition interlock license; and (ii) an attestation that ignition interlock devices will be maintained on all vehicles to be operated by the person. A person with an ignition interlock license shall be prohibited from operating vehicles without an ignition interlock device for the duration of the license. Failure of the operator to remain in compliance with probation shall be cause for immediate revocation of the ignition interlock license. An aggrieved party may appeal, in accordance with chapter 30A, from an order of the registrar of motor vehicles pursuant to this subparagraph. SECTION 15. Said section 24 of said chapter 90, as so appearing, is hereby amended by striking out, in line 575, the word “restistrar” and inserting in place thereof the following word:-registrar.

SECTION  45_. The fifth paragraph of subparagraph (1) of paragraph (f) of said subdivision (1) of said section 24 of said chapter 90, as so appearing, is hereby further amended by striking out the first sentence and inserting in place thereof the following 4 sentences:- A person who refuses to submit to a chemical test or analysis of breath or blood may apply for the issuance of an ignition interlock license, on or after the effective date of the suspension, for the balance of the suspension period imposed by this paragraph. A mandatory restriction on an ignition interlock license granted by the registrar pursuant to this subparagraph shall include, but not be limited to: (i) proof in a format determined by the registrar that a functioning certified ignition interlock device is installed on vehicles that will be operated by the person during the term of the ignition interlock license; and (ii) an attestation that ignition interlock devices will be maintained on all vehicles to be operated by the person. A person with an ignition interlock license shall be prohibited from operating vehicles without an ignition interlock device for the duration of the license. A person issued an ignition interlock license pursuant to this subparagraph shall not receive credit against an additional ignition interlock requirement arising from the same incident or from another incident. A defendant, during the suspension period imposed by this paragraph, may immediately, upon the entry of a not guilty finding or dismissal of all charges under this section, section 24G, section 24L or section 13½ of chapter 265, and in the absence of any other alcohol related charges pending against the defendant, apply for and be immediately granted a hearing before the court which took final action on the charges for the purpose of requesting the restoration of the person’s license.

SECTION 46_. Subparagraph (2) of said paragraph (f) of said subdivision (1) of said section 24 of said chapter 90, as so appearing, is hereby amended by inserting after the second paragraph the following paragraph:- A person may apply in advance of or after the effective date of a suspension under this subparagraph, for the issuance of an ignition interlock license for the balance of the suspension period listed in this paragraph. Mandatory restrictions on an ignition interlock license granted by the registrar pursuant to this subparagraph shall include, but not be limited to: (i) proof in a format determined by the registrar that a functioning certified ignition interlock device is installed on vehicles that will be operated by the person during the term of the ignition interlock license; and (ii) an attestation that ignition interlock devices will be maintained on all vehicles to be operated by the person. A person with an ignition interlock license shall be prohibited from operating vehicles without an ignition interlock device for the duration of the license. A suspension for failure of a chemical test or analysis of breath or blood shall run consecutively, both as to any additional suspension periods arising from the same incident, and as to each other. A person issued an ignition interlock license pursuant to this subparagraph shall receive day for day credit against an additional ignition interlock requirement arising from the same incident.

SECTION 47_. Paragraph (g) of said subdivision (1) of said section 24 of said chapter 90, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:- The application for the issuance of an ignition interlock license for the period during which a person’s license, permit or right to operate is suspended pursuant to subparagraph (1) of paragraph (f) shall waive the person’s right to a hearing pursuant to this subparagraph.

SECTION 48_. Said chapter 90 is hereby further amended by striking out section 24½, as so appearing, and inserting in place thereof the following section:- Section 24½. (a) No person whose license has been suspended in the commonwealth or any other jurisdiction by reason of an assignment to an alcohol education, treatment or rehabilitation program or because of a conviction for a violation of subsection (a) of section 24G, or operating a motor vehicle with a percentage by weight of blood alcohol of .08 or greater or while under the influence of intoxicating liquor in violation of paragraph (a) of subdivision (1) of section 24, subsection (b) of said section 24G, section 24L, section 131/2 of chapter 265, subsection (a) of section 8 of chapter 90B, section 8A or 8B of said chapter 90B or, in the case of another jurisdiction, for any like offense, shall be issued a new license or right to operate or have such license or right to operate restored if that person has previously been so assigned or convicted unless such person provides proof in a format acceptable to the registrar that the person has a functioning certified ignition interlock device installed on all vehicles to be operated by that person as a precondition for the issuance, reissuance or restoration of a license or right to operate. A functioning certified ignition interlock device shall be installed and maintained on all vehicles operated by any such person for a period of 2 years. (b) Any person whose license or right to operate is restricted to operating vehicles equipped with a functioning certified ignition interlock device shall have such device inspected, maintained and monitored in accordance with regulations which shall be promulgated by the registrar. The ignition interlock device shall be calibrated to prevent the motor vehicle from being started with the breath sample provided has an alcohol concentration of 0.025 or more.  The ignition interlock device shall remain in place until the registrar receives a declaration from the person's ignition interlock device vendor, in a form provided or approved by the registry, certifying that there have been none of the following incidents in the six consecutive months prior to the date the person seeks removal of the device: (a) any attempt to start the vehicle with a breath alcohol concentration of 0.04 or more unless a subsequent test performed within ten minutes registers a breath alcohol concentration lower than 0.04; (b) failure to take any random test; (c) failure to pass any random retest with a breath alcohol concentration of 0.025 or lower; (d) any attempt to remove, tamper or circumvent the proper operation of the device; or (e) failure of the person to appear at the ignition interlock device vendor when required for maintenance, repair, calibration, monitoring, inspection, or replacement of the device.

SECTION 49_. Section 24D of said chapter 90, as so appearing, is hereby amended by inserting after the word “defendant”, in line 65, the following words:- whose disposition resulted from the use of a controlled substance or the vapors of glue.

SECTION  50_ The fourth paragraph of said section 24D of said chapter 90, as so appearing, is hereby amended by inserting after the fifth sentence the following sentence:-Notwithstanding subparagraph (1) of paragraph (c) of subdivision (2) of section 24, subparagraph (1) of paragraph (f) of subdivision (1) of section 24 and section 24P, a defendant whose disposition resulted from a conviction or charge of alcohol in their blood of .08 or greater or while under the influence of intoxicating liquor may immediately upon entering a program pursuant to this section apply to the registrar for issuance of an ignition interlock license for the probation period. A mandatory restriction on an ignition interlock license granted by the registrar pursuant to this paragraph shall include, but not be limited to:(i) proof in a format determined by the registrar that a functioning certified ignition interlock device is installed on vehicles that will be operated by the person during the term of the ignition interlock license; and (ii) an attestation that ignition interlock devices will be maintained on all vehicles to be operated by the person. A person with an ignition interlock license shall be prohibited from operating vehicles without an ignition interlock device for the duration of the license.

SECTION  51_. Said section 24D of said chapter 90, as so appearing, is hereby further amended by inserting after the word “hardship”, in lines 76 and 81, each time it appears, the following words:- or ignition interlock.

SECTION 52_. Section 24E of said chapter 90, as so appearing, is hereby amended by inserting after the word “program”, in line 38, the following words:- and may include a written statement by the supervisor of the ignition interlock provider used by such person detailing the person’s compliance with the ignition interlock requirement.

SECTION  53_. Said section 24E of said chapter 90, as so appearing, is hereby further amended by inserting after the word “operate”, in lines 66 and 67, each time it appears, the following words:- or an ignition interlock license.

SECTION  54_. Section 24G of said chapter 90, as so appearing, is hereby amended adding the following subsection:-  (d) Upon completion of the period of imprisonment prescribed in subsection (a) or (b) for an offense involving operating a motor vehicle with a percentage, by weight, of alcohol in the blood of .08 or greater or while under the influence of intoxicating liquor, the person may apply to the registrar for the issuance of an ignition interlock license for the remainder of the revocation period designated in subsection (c). The registrar may issue such license under such terms and conditions as appropriate and necessary for the balance of the revocation period listed in this subsection. Mandatory restrictions on an ignition interlock license granted by the registrar pursuant to this subsection shall include, but not be limited to: (i) proof in a format determined by the registrar that a functioning certified ignition interlock device is installed on vehicles that will be operated by the person during the term of the ignition interlock license; and (ii) an attestation that ignition interlock devices will be maintained on all vehicles to be operated by the person. A person with an ignition interlock license shall be prohibited from operating vehicles without an ignition interlock device for the duration of the license. Failure of the operator to remain in compliance with the sentence or court probation shall be cause for immediate revocation of the ignition interlock license. The registrar shall provide notice a revocation to the person issued the ignition interlock license at the address of record at the registry.

SECTION 55 _. Section 24L of said chapter 90, as so appearing, is hereby amended by adding the following subdivision:-  (5) Upon completion of the period of imprisonment prescribed in subdivision (1) or (2) for an offense involving operating a motor vehicle with a percentage, by weight, of alcohol in the blood of .08 or greater or while under the influence of intoxicating liquor, the person may apply to the registrar for the issuance of an ignition interlock license for the remainder of the revocation period designated in subdivision (4). The registrar may issue such license under such terms and conditions as appropriate and necessary for the balance of the revocation period listed in this subsection. Mandatory restrictions on an ignition interlock license granted by the registrar pursuant to this subdivision shall include, but not be limited to: include: (i) proof in a format determined by the registrar that a functioning certified ignition interlock device is installed on vehicles that will be operated by the person during the term of the ignition interlock license; and (ii) an attestation that ignition interlock devices will be maintained on all vehicles to be operated by the person. A person with an ignition interlock license shall be prohibited from operating vehicles without an ignition interlock device for the duration of the license. Failure of the operator to remain in compliance with the sentence or court probation shall be cause for immediate revocation of the ignition interlock license. The registrar shall provide notice of a revocation to the person issued the ignition interlock license at the address of record at the registry.

SECTION  56. Section 24N of said chapter 90, as so appearing, is hereby amended by inserting after the word “days”, in line 38, the following words:- ; provided, however, that such person may apply, on or after the effective date of the suspension, for the issuance of an ignition interlock license for the balance of the suspension period listed in this subsection; provided further, that mandatory restrictions on an ignition interlock license granted by the registrar pursuant to this section shall include, but not be limited to: (i) proof in a format determined by the registrar that a functioning certified ignition interlock device is installed on vehicles that will be operated by the person during the term of the ignition interlock license; and (ii) an attestation that ignition interlock devices will be maintained on all vehicles to be operated by the person. A person with an ignition interlock license shall be prohibited from operating vehicles without an ignition interlock device for the duration of the license. A suspension for failure of a chemical test or analysis of breath or blood shall run consecutively, both as to any additional suspension periods arising from the same incident and as to each other. A person issued an ignition interlock license pursuant to this section shall receive day-for-day credit against any additional ignition interlock requirement arising from the same incident.

SECTION  57. Said section 24N of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 58 to 61, inclusive, the words “refusal. No license shall be restored under any circumstances and no restricted or hardship permits shall be issued during the suspension period imposed by this paragraph; provided, however, that the” and inserting in place thereof the following words:- refusal; provided further, that a person who refused to submit to such test or analysis may apply, on or after the effective date of the suspension, for the issuance of an ignition interlock license for the balance of the suspension period listed in this section;provided further, that mandatory restrictions on an ignition interlock license granted by the registrar pursuant to this paragraph shall include, but not be limited to: (i) proof in a format determined by the registrar that a functioning certified ignition interlock device is installed on vehicles that will be operated by the person during the term of the ignition interlock license; and (ii) an attestation that ignition interlock devices will be maintained on all vehicles to be operated by the person. A person with an ignition interlock license shall be prohibited from operating vehicles without an ignition interlock device for the duration of the license; provided however, that a suspension for a refusal of either a chemical test or analysis of breath or blood shall run consecutively, both as to any additional suspension periods arising from the same incident and as to each other; provided further, that a person issued an ignition interlock license pursuant to this section shall not receive credit against any additional ignition interlock requirement arising from the same incident; and provided further, that a.

SECTION 58_. Said section 24N of said chapter 90, as so appearing, is hereby further amended by adding the following paragraph:- The application for the issuance of an ignition interlock license for the period during which a person’s license, permit or right to operate is suspended pursuant to this section shall waive the person’s right to a hearing pursuant to this section.

SECTION  59. Section 19 of chapter 122 of the acts of 2005 is hereby amended by inserting after the word “registry”, in line 7, the following words:- ; provided, however, that approval procedures for ignition interlock device servicing and monitoring entities shall require any entity seeking certification to agree to provide all program costs, including installation, maintenance and removal, at fifty percent cost to a person who presents documentation issued by the registrar that such cost would cause a grave and serious hardship to the offender or the offender’s family; provided further, that documentation of grave and serious hardship to the offender or the offender’s family shall include, but not be limited to, evidence of a valid electronic benefit transfer card or evidence of a valid MassHealth benefits card; and provided further, that the registrar shall provide notice to a person seeking application for a certified ignition interlock device that the person may obtain a certified ignition interlock device, services and monitoring at fifty percent cost if such cost would cause a grave and serious hardship to the offender or the offender’s family.

SECTION 60. Said section 19 of said chapter 122 of the acts of 2005 is hereby further amended by inserting after the word “vehicles”, in line 10, the following words:- ; provided, however, that reporting shall ensure compliance with an entity’s responsibly pursuant to clause (2) including, but not limited to, standard charges for installation, service, maintenance and removal of a device and percentages of the entity’s standard program costs waived pursuant to said clause (2).

SECTION 61. Clause (6) of said section 19 of said chapter 122 of the acts of 2005 is hereby amended by striking out clauses (a) to (c), inclusive, and inserting in place thereof the following 3 clauses:- (i) of inspection of the certified ignition interlock device for accurate operation by an entity approved by the registrar not less than once every 30 to 60 days, as promulgated by the registrar, for the duration of any license ignition interlock device restriction; (ii) that the ignition interlock device shall be monitored, maintained and serviced not less than every 30 to 60 days, as promulgated by the registrar, by an entity approved by the registrar; and (iii) that the costs to install and maintain the certified ignition interlock device shall be borne by the operator unless the operator presents valid evidence of a grave and serious hardship;

SECTION  62_. Said section 19 of said chapter 122 of the acts of 2005 is hereby further amended by striking out clause (8) and inserting in place thereof the following clause:- violation of the required inspection, monitoring or reporting requirements may result, after hearing, in up to a 2 year extension of the ignition interlock license or a permanent revocation of an ignition interlock license and up to an additional 10-year license suspension during which such person may not be eligible for an ignition interlock license.

SECTION 63_. Said section 19 of chapter 122 of the acts of 2005 is hereby further amended by striking out clause (9) and inserting in place thereof the following clause:- (9) a schedule for phasing in requirements that ignition interlock devices be equip with cameras or other means of positively identifying the person providing the ignition interlock breath alcohol concentration test.

SECTION 64_. Said section 19 of said chapter 122 of the acts of 2005 is hereby amended by adding the following clause at the end thereof:-

This act shall take effect on January 1, 2018."

SECTION 65 _clause (1) (a) (1) of section 24 of chapter 90 as appearing in the 2016 official is hereby amended by inserting after line 177 the following paragraphs:-

If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like offense five times preceding the date of the commission of the offense for which he has been convicted, the defendant shall be punished by a fine of not less than four thousand nor more than one hundred thousand dollars and by imprisonment for not less than five years or by a fine of not less than four thousand nor more than one hundred thousand dollars and by imprisonment in the state prison for not less than five years nor more than ten years; provided, however, that the sentence imposed upon such person shall not be reduced to less than thirty-six months, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until he shall have served thirty-six months of such sentence; provided, further, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in employment pursuant to a work release program; or for the purposes of an aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of such thirty-six months sentence to the extent that resources are available in a correctional facility specifically designated by the department of correction for the incarceration and rehabilitation of drinking drivers.

If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like offense six or more times preceding the date of the commission of the offense for which he has been convicted, the defendant shall be punished by a fine of not less than eight thousand nor more than two hundred thousand dollars and by imprisonment for not less than twenty years or by a fine of not less than eight thousand nor more than two hundred thousand dollars and by imprisonment in the state prison for not less than twenty years; provided, however, that the sentence imposed upon such person shall not be reduced to less than one hundred eighty months, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until he shall have served one hundred and eighty months of such sentence; provided, further, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in employment pursuant to a work release program; or for the purposes of an aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of such one hundred and eighty months sentence to the extent that resources are available in a correctional facility specifically designated by the department of correction for the incarceration and rehabilitation of drinking drivers.

SECTION 66_ . Section 3 of chapter 22E of the General Laws is hereby amended by striking the section in its entirety and inserting in place thereof the following:-

Section 3. (a) Any person who is convicted of an offense that is punishable by imprisonment in the state prison and any person adjudicated a youthful offender by reason of an offense that would be punishable by imprisonment in the state prison if committed by an adult shall submit a DNA sample to the department within 6 months of such conviction or adjudication or, if incarcerated, within the first 6 months of such incarceration or before release from custody, whichever occurs first.

(b) Any person who is arrested by virtue of process, or is taken into custody by an officer and charged with the commission of: (i) an offense listed in clause (i) of subsection (b) of section 25 of chapter 279; or (ii) section 17 or section 18 of chapter 266, and who upon arrest has been arraigned pursuant to the applicable court rules under the Massachusetts Rules of Criminal Procedure, shall submit a DNA sample to the department.

(c) The trial court and probation department shall work in conjunction with the director to establish and implement a system for the electronic notification to the department whenever a person is required to submit a DNA sample under this section. The sample shall be collected by a person authorized under section 4 of this chapter subsequent to arraignment, in accordance with regulations or procedures established by the director. The results of such sample shall be made part of the state DNA database. In the event the department is unable to complete DNA analysis on a sample provided pursuant to this section or any sample so provided fails to yield a DNA record, the person required to submit a DNA sample pursuant to this section shall, within 6 months of notice from the director, submit additional DNA samples until DNA analysis is completed and results in the production of a DNA record. The submission of such DNA sample shall not be stayed pending a sentence appeal, motion for new trial, appeal to an appellate court or other post conviction motion or petition.

SECTION 2. Section 5 of chapter 22E of the General Laws is hereby amended by striking the section in its entirety and inserting in place thereof the following:-

Section 5. The department shall provide all collection materials, labels and instructions for the collection of DNA samples pursuant to this chapter.

SECTION 3. Section 11 of chapter 22E of the General Laws is hereby amended by striking the section in its entirety and inserting in place thereof the following:-

Section 11. Any person required to provide a DNA sample pursuant to this chapter and who, after notice, fails to provide such DNA sample or such additional DNA samples as required by section 3 shall be subject to punishment by a fine of not more than $2,000 or imprisonment in a jail or house of correction for not more than six months or both for each such offense. Each day a person fails, as required by section 3, to submit a DNA sample shall, until such DNA sample is so provided, constitute a separate offense.

SECTION 4. Section 12 of chapter 22E of the General Laws is hereby amended, in line 6, by striking out the figure “$1,000” and inserting in its place thereof the following figure:- “$2,000”; and is hereby further amended, in line 7, by striking out the words “six months” and inserting in place thereof the following:- 1 year.

SECTION 5. Section 13 of chapter 22E of the General Laws, as appearing in the 2014 official edition, is hereby amended by striking, in line 4, the figure “$1,000” and inserting in its place thereof the following:- “$2,000”; and is hereby further amended, in line 5, by striking the words “six months” and inserting in place thereof the following:- 1 year.

SECTION 6. Section 15 of chapter 22E of the General Laws is hereby amended by adding the following subsections:-

(b) The department shall destroy the DNA sample and any records of a person related to the sample that were taken in connection with a particular alleged designated crime if the sample was collected post-arraignment under subsection (b) of section 3, and any of the following occurs: the felony charge which required the DNA sample is downgraded to a misdemeanor by the prosecuting attorney upon a plea agreement or the person is convicted of a lesser offense that is a misdemeanor other than one constituting abuse as defined in section 1 of chapter 209A or a sex offense for which registration is required pursuant to sections 178C to 178P of chapter 6; (ii) the person is acquitted after a trial of the charges which required the taking of the DNA sample; or (iii) the charges which required the taking of the DNA sample are dismissed by either the court or the state after arraignment unless good cause is shown why the sample should not be destroyed.

(c) If the person has more than one entry in the state DNA database, CODIS, or the state DNA data bank, only the entry related to the dismissed case shall be deleted.

(d) The trial court and probation department shall work in conjunction with the director to establish and implement a system for the electronic notification to the department whenever a DNA sample is required to be destroyed pursuant to this section. The department shall notify the person upon destroying the DNA sample and completing its responsibilities under this subsection.

(e) If a DNA sample is matched to another DNA sample during the course of a criminal investigation, the record of the match shall not be expunged even if the sample itself is expunged in accordance with the provisions of this section.

SECTION 67_.   Notwithstanding any general or special law to the contrary, the municipal police training council shall incorporate into its required curriculum training and standards for the proper identification of mental health issues and protocols for the proper response to said issues"

SECTION 68_.  Section 18 of chapter 17 of the general laws is hereby amended by inserting at the end thereof the following new subsection-(d) The bureau of substance abuse services shall create and maintain a Municipal Treatment Referral Network to provide referrals for treatment beds as requested by municipal police departments who are seeking to provide treatment to people who have voluntarily appeared at the municipal police department seeking treatment

SECTION 69_ . Section 90 of chapter 276 of the general laws is hereby amended by inserting at the end thereof the following:-  shall also include in his report to the court any mental health and substance abuse treatment needs and recommendations for treatment if applicable 

SECTION 70_ . Notwithstanding any general or special to the contrary the secretary of the executive office of public safety and security in conjunction with the chiefs of police association shall develop and implement a system to ensure that all police departments at all times have at least one person trained to identify and respond to incidents involving mental health and substance abuse, and develop a grant program to assist municipal police departments for the training required under this section

SECTION 71_ .  Chapter 10 of the General Laws as appearing in the 2016 official edition is hereby amended by inserting after section 35DDD the following new section:-

There shall be established upon the books of the commonwealth a separate fund to be known as the comprehensive police training fund. The secretary of public safety and security shall be the trustee of the fund and may expend monies from the fund, without further appropriation; provided, however, that funds are expended for municipal police training, crisis intervention training initiative as established in this amendment, the municipal treatment referral network established in this amendment and the diversion planning and coordination council established in this amendment.

   The fund shall consist of: (i) any appropriations, bond proceeds or other monies authorized or transferred by the general court and specifically designated to be credited to the fund; (ii)five percent of revenue generated from the sale of marijuana as established under chapter 55 of the acts of 2017 (iii)$100 assessment from convicted of drug trafficking under chapter 94C (iv) funds from section 53 and section 54 of chapter 23K  ; (iv) any interest earned on monies in the fund; and (v) any funds from private sources including, but not limited to, gifts, grants and donations received by the commonwealth that are specifically designated to be credited to the fund, the state shall provide a match $1 for every $1 of funds from private sources not to exceed ten million dollars (vi) any federal  grants and the secretary shall apply for any available federal funds or grants. The secretary of education may incur expenses and the comptroller may certify for payments amounts in anticipation of expected receipts, but no expenditure shall be made from the fund which shall cause the fund to be in deficit at the close of a fiscal year. Amounts credited to the fund shall not be subject to further appropriation and monies remaining in the fund at the end of a fiscal year shall not revert to the General Fund. The secretary shall report annually not later than October 1 to the clerks of the house and senate and the house and senate committees on ways and means on the fund's activity.

Section 72_ . Section 53 of the Chapter 23K is hereby amended by striking “Gaming Revenue Fund established in section 59”and inserting in place thereof the following:- “the comprehensive police training fund established in chapter 10”

Section 73_ . Section 54 of the Chapter 23K is hereby amended by striking “Gaming Revenue Fund established in section 59”and inserting in place thereof the following:- “the comprehensive police training fund established in chapter 10”

SECTION  74_. Notwithstanding any general or special law to the contrary there shall be established the diversion and planning and coordination council, the council shall consist of seven members one of whom shall be designated by the trial court, one of whom shall be a appointed of the Massachusetts district attorney’s association, one of whom shall be appointed by the Massachusetts chiefs of police association, one of whom shall be appointed by the governor, one of whom shall be appointed by the attorney general, and one of whom shall be the secretary of public safety and security of their designee who shall serve as chair and the executive office of public safety and security  shall provide staff support, one of whom shall be appointed by the commissioner of probation and one of whom shall be appointed by the colonel of the state police.

The council shall research and identify the most effective diversion methods that also protect public safety, and develop criteria for the certification of diversion programs and certify such programs. The council shall annually submit a report and any recommendations to the clerks of the house and senate and the joint committee on the judiciary and the joint committee on public safety and security by December 31.

SECTION 75_. Section 26 of chapter 218 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “sixty-six,” in line 21, the following words:- , section 13B of chapter 268.

SECTION 76_.  Section 26 of chapter 218 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “sixty-six,” in line 21, the following words:- , section 13B of chapter 268.

SECTION  77 _.  Said section 26 of said chapter 218, as so appearing, is hereby further amended by inserting after the word “age,” in line 26, the following words:-

conspiracy under section 7 of chapter 274, or solicitation to commit a felony under section 8 of chapter 274.

SECTION 78 _.  Said section 26 of said chapter 218, as so appearing, is hereby further amended by striking out, in lines 26 to 27, the words intimidation of a witness or juror under section thirteen B of chapter two hundred and sixty-eight,.

SECTION 79 _.  Section 1 of chapter 263A of the General Laws, as so appearing, is hereby amended by striking out the definition of “Critical witness” and inserting in place thereof the following definition:-

“Critical witness”, any person who is participating, has participated, or is reasonably expected to participate in a criminal investigation, motion hearing, trial, show cause hearing, or other criminal proceeding, or a proceeding involving an alleged violation of conditions of probation or parole, or the commitment of a sexually dangerous person pursuant to chapter 123A; or who has received a subpoena requiring such participation; who is, or was, in the judgment of the prosecuting officer, a necessary witness at one or more of the aforementioned types of proceedings, and who is or may be endangered by such person’s participation in the aforementioned proceeding; or such person’s relatives, guardians, friends or associates, who are or may be endangered by such person’s participation in the aforementioned proceeding.

SECTION _. Chapter 268 of the General Laws is hereby amended by striking out section 13B, as so appearing, and inserting in place thereof the following section:-

Section 13B.

(1) Whoever, directly or indirectly, willfully

(a) threatens, or attempts or causes physical injury, emotional injury, economic injury or property damage to,

(b) conveys a gift, offer or promise of anything of value to, or

(c) misleads, intimidates or harasses;

(2) another person who is

(a) a witness or potential witness,

(b) a person who is or was aware of information, records, documents or objects that relate to a violation of a criminal statute, or a violation of conditions of probation, parole, bail, or other court order,

(c) a judge, juror, grand juror, attorney, victim witness advocate, police officer, federal agent, investigator, clerk, court officer, court reporter, court interpreter, probation officer or parole officer,

(d) a person who is or was attending, or had made known his or her intention to attend a proceeding described in subsection (3)(a), or

(e) a family member of a person described in subsections 2(a) through 2(d);

(3) with the intent to, or with reckless disregard that it may,

(a) impede, obstruct, delay, prevent or otherwise interfere with

(i) a criminal investigation at any stage, a grand jury proceeding, a dangerousness hearing, a motion hearing, a trial or other criminal proceeding of any type, or a parole hearing, or parole violation proceeding, or probation violation proceeding; or

(ii) an administrative hearing, or a probate and family proceeding, juvenile proceeding, housing proceeding, land proceeding, clerk's hearing, court-ordered mediation, or any other civil proceeding of any type; or

(b) punish, harm or otherwise retaliate against any person described in subsection (2) for such person’s or such person’s family member’s participation in any of the proceedings described in subsection (3)(a) shall be punished by imprisonment in the state prison for not more than ten years, or by imprisonment in the house of correction for not more than two and one half years, or by a fine of not less than $1,000 nor more than $5,000, or by both such fine and imprisonment; or, if the proceeding which the misconduct is directed at is the investigation or prosecution of a crime punishable by life imprisonment, or the parole of a person convicted of a crime punishable by life imprisonment, shall be punished by imprisonment in the state prison for life or for any term of years.

(4) As used in this section, “investigator” shall mean an individual or group of individuals lawfully authorized by a department or agency of the federal government, or any political subdivision thereof, or a department or agency of the commonwealth, or any political subdivision thereof, to conduct or engage in an investigation of, prosecution for, or defense of a violation of the laws of the United States or of the commonwealth in the course of his official duties.

(5) As used in this section, “harass” shall mean to engage in any act directed at a specific person or persons, which act seriously alarms or annoys such person or persons and would cause a reasonable person to suffer substantial emotional distress. Such act shall include, but not be limited to, an act conducted by mail or by use of a telephonic or telecommunication device or electronic communication device including but not limited to any device that transfers signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system, including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications.

(6) A prosecution under this section may be brought in the county in which the criminal investigation, trial, or other proceeding is being conducted or took place, or in the county in which the alleged conduct constituting an offense occurred.

SECTION 80_ . Notwithstanding any general or special law to the contrary subject to appropriation there shall be created within the department of corrections, the bureau of correctional support which shall develop and coordinate support for programs for mental health and substance abuse at all Massachusetts prisons and correctional facilities. Said bureau shall also research and develop best practices for treatment of mental health and substance abuse issues within one year to address any deficiencies in current services. Said best practices and a budget to implement shall be submitted to the executive office of administration and finance, and the house and senate committees on ways and means annually by December 31.

SECTION 81_.   Said chapter 127 is hereby further amended by inserting after section 119 the following section:-

Section 119A. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Conditional medical parole plan”, a comprehensive written medical and psychosocial care plan that is specific to the prisoner and includes the proposed course of treatment and post-treatment care.

“Department”, the department of correction.

“Permanent incapacitation”, a physical or cognitive incapacitation that appears irreversible, as determined by a licensed physician, and that is so debilitating that the prisoner does not pose a public safety risk.

“Secretary”, the secretary of the executive office of public safety and security.

“Terminal illness”, a condition that appears incurable, as determined by a licensed physician, that will likely cause the death of the prisoner in not more than 18 months and that is so debilitating that the prisoner does not pose a public safety risk.

(b) Notwithstanding any general or special law to the contrary, a prisoner may be eligible for conditional medical parole due to a terminal illness or permanent incapacitation pursuant to subsections (c) and (d).

(c)(1)The superintendent of a correctional facility shall consider a prisoner for conditional medical parole upon a written petition by the prisoner, the prisoner’s attorney, the prisoner’s next of kin, the commissioner’s medical provider or a member of the department’s staff. The superintendent shall review the petition and develop a recommendation as to the release of the prisoner. Whether or not the superintendent recommends in favor of conditional medical parole, the superintendent shall, not more than 21 days after receipt of the petition, transmit the petition and the recommendation to the commissioner. The superintendent shall submit with the recommendation: (i) a conditional medical parole plan; (ii) a written diagnosis by a physician licensed to practice medicine under section 2 of chapter 112; and (iii) an assessment of the risk for violence that the prisoner poses to society.

(2) Upon receipt of the petition and recommendation under paragraph (1), the commissioner shall notify, in writing, the district attorney, the prisoner, the person who requested the release, if not the prisoner, and, if applicable under chapter 258B, the victim or the victim’s family that the prisoner is being considered for conditional medical parole. The parties who receive the notice shall have an opportunity to provide written statements; provided, however, that if the prisoner was convicted and is serving a sentence under section 1 of chapter 265, the district attorney or victim’s family may request a hearing.

(d)(1) A sheriff shall consider a prisoner for conditional medical parole upon a written petition filed by the prisoner, the prisoner’s attorney, the prisoner’s next of kin, the sheriff’s medical provider or a member of the sheriff’s staff. The sheriff shall review the request and develop a recommendation as to the release of the prisoner. Whether or not the sheriff recommends in favor of conditional medical parole, the sheriff shall, not more than 21 days after receipt of the petition, transmit with the petition and the recommendation to the commissioner. The sheriff shall transmit with the petition: (i) a conditional medical parole plan; (ii) a written diagnosis by a physician licensed to practice medicine under section 2 of chapter 112; and (iii) an assessment of the risk for violence that the prisoner poses to society.

(2) Upon receipt of the petition and recommendation under paragraph (1), the commissioner shall notify, in writing, the district attorney, the prisoner, the person who requested the release, if not the prisoner and, if applicable under chapter 258B, the victim or the victim’s family that the prisoner is being considered for conditional medical parole. The parties who receive the notice shall have an opportunity to submit written statements.

(e) The commissioner shall issue a written decision not later than 45 days after receipt of a petition, which shall be accompanied by a statement of reasons for the commissioner’s decision. If the commissioner determines that a prisoner is terminally ill or permanently incapacitated such that if the prisoner is released the prisoner will live and remain at liberty without violating the law and that the release will not be incompatible with the welfare of society, the prisoner shall be released on conditional medical parole. The parole board shall impose terms and conditions for conditional medical parole that shall apply through the date upon which the prisoner’s sentence would have expired.

Not less than 24 hours before the date of a prisoner’s release on conditional medical parole, the commissioner shall notify, in writing, the district attorney, the department of state police, the police department in the city or town in which the prisoner shall reside and, if applicable under chapter 258B, the victim or the victim’s family of the prisoner’s release and the terms and conditions of the release.

(f) A prisoner granted release under this section shall be under the jurisdiction, supervision and control of the parole board, as if the prisoner had been paroled pursuant to section 130 of chapter 127. The parole board may revise, alter or amend the terms and conditions of a conditional medical parole at any time. If a parole officer receives credible information that a prisoner has failed to comply with a condition of the prisoner’s release or upon discovery that the terminal illness or permanent incapacitation has improved to the extent that the prisoner would no longer be eligible for conditional medical parole under this section, the parole officer shall immediately arrest the prisoner and bring the prisoner before the board for a hearing. If the board determines that the prisoner violated a condition of the prisoner’s conditional medical parole or that the terminal illness or permanent incapacitation has improved to the extent that the prisoner would no longer be eligible for conditional medical parole pursuant to this section, the prisoner shall resume serving the balance of the sentence with credit given only for the duration of the prisoner’s conditional medical parole that was served in compliance with all conditions set pursuant to this subsection. Revocation of a prisoner’s conditional medical parole due to a change in the prisoner’s medical condition shall not preclude a prisoner’s eligibility for conditional medical parole in the future or for another form of release permitted by law.

(g) A prisoner or sheriff aggrieved by a decision denying or granting conditional medical parole made under this section may petition for relief pursuant to section 4 of chapter 249. A decision by the court affirming or reversing the commissioner’s grant or denial of conditional medical parole shall not affect a prisoner’s eligibility for any other form of release permitted by law. A decision under this subsection shall not preclude a prisoner’s eligibility for conditional medical parole in the future.

(h) The commissioner and the secretary shall promulgate rules and regulations necessary to implement this section.             

(i) The commissioner and the secretary shall file an annual report not later than March 1 with the clerks of the senate and the house of representatives, the senate and house committees on ways and means and the joint committee on the judiciary detailing, for the prior fiscal year: (i) the number of prisoners in the custody of the department or of the sheriffs who applied for conditional medical parole under this section and the race and ethnicity of each applicant; (ii) the number of prisoners who have been granted conditional medical parole and the race and ethnicity of each prisoner; (iii) the nature of the illness of the applicants for conditional medical parole; (iv) the counties to which the prisoners have been released; (v) the number of prisoners who have been denied conditional medical parole, the reason for the denial and the race and ethnicity of each prisoner; (vi) the number of prisoners who have petitioned for conditional medical parole more than once; (vii) the number of prisoners released who have been returned to the custody of the department or the sheriff and the reason for each prisoner’s return; and (viii) the number of petitions for relief sought pursuant to subsection (g).

SECTION 82.  The commissioner of correction and the secretary of public safety and security shall promulgate rules and regulations necessary to implement section 119A of chapter  127 of the General Laws not later than 6 months after the effective date of this act.

SECTION  83_. Section 1 of chapter 127 of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Commissioner” the following 2 definitions:

“Disciplinary restrictive housing”, a placement in restrictive housing in a state correctional facility for disciplinary purposes after a finding has been made that the prisoner has committed a breach of discipline.

“Exigent circumstances”, circumstances that create an unacceptable risk to the safety of any person.

SECTION  84_. Said section 1 of said chapter 127, as so appearing, is hereby further amended by inserting after the definition of “Parole board” the following definition:-

“Placement review”, a multidisciplinary examination to determine whether, notwithstanding any previous finding of a disciplinary breach or exigent circumstances or other circumstances supporting a placement in restrictive housing, restrictive housing is still necessary to reasonably manage risks of harm.

SECTION 85_ . Said section 1 of said chapter 127, as so appearing, is hereby further amended by inserting after the definition of “Residential treatment unit” the following definition:-

“Restrictive Housing”, a housing placement where a prisoner is confined to a cell for over 22 hours per day; provided, however, that mental health watch shall not be considered restrictive housing.

SECTION 86  _. Section 4 of said chapter 127 is hereby repealed

SECTION 87. Said chapter 127 is hereby amended by striking out sections 39 and 39A, as so appearing, and inserting in place thereof the following 8 sections:

Section 39. (a) Subject to the limits of this section and section 39A, the superintendent of a state correctional facility or the administrator of a county correctional facility may authorize the confinement of a prisoner in a restrictive housing unit to discipline the prisoner or if the prisoner’s retention in general population poses an unacceptable risk: (i) to the safety of others; (ii) of damage or destruction of property; or (iii) to the operation of a correctional facility.

(b) In addition to meeting all standards defined by the department of public health, restrictive housing units shall provide: (i) meals that meet the same standards defined by the commissioner as for general population prisoners; (ii) access to showers not less than 3 days per week; (iii) rights of visitation and communication by those properly authorized; provided, however, that the authorization may be diminished for the enforcement of discipline for a period not to exceed 15 days in a state correctional facility or 10 days in a county correctional facility for any given offense; (iv) access to reading and writing materials unless clinically contraindicated; (v) access to a radio or television if confinement exceeds 30 days; (vi) periodic mental and psychiatric examinations under the supervision of the department of mental health; (vii) medical and psychiatric treatment that may be clinically indicated under the supervision of the department of mental health; (viii) the same access to canteen purchases and privileges to retain property in a prisoner’s cell as prisoners in the general population at the same facility; provided, however, that such access and privileges may be diminished for the enforcement of discipline for a period not to exceed 15 days in a state correctional facility or 10 days in a county correctional facility for any given offense or where inconsistent with the security of the unit; (ix) the same access to disability accommodations as prisoners in general population, except where inconsistent with the security of the unit; and (x) other rights and privileges as may be established or recognized by the commissioner.

(c) Before placement in restrictive housing, a prisoner shall be screened by a qualified mental health professional to determine whether the prisoner has a serious mental illness or restrictive housing is otherwise clinically contraindicated based on clinical standards adopted by the department of correction in consultation with the department of mental health..

(d) A qualified mental health professional shall make rounds in every restrictive housing unit and may conduct an out-of-cell meeting with a prisoner for whom a confidential meeting is warranted in the clinician’s professional judgment. Prisoners shall be evaluated by a qualified mental health professional in accordance with clinical standards adopted by the department of correction and clinical judgment to determine whether the prisoner has a serious mental illness or restrictive housing is otherwise clinically contraindicated.

Section 39A. (a) A prisoner shall not be held in restrictive housing if the prisoner has a serious mental illness or a finding has been made, pursuant to subsections (c) or (d) of section 39 or otherwise, that restrictive housing is clinically contraindicated unless, not later than 72 hours after the finding, the commissioner, the sheriff or a designee of the commissioner or sheriff certifies in writing: (i) the reason why the prisoner may not be safely held in the general population; (ii) that there is no available placement in a secure treatment unit; (iii) efforts that are being undertaken to find appropriate housing and the status of the efforts; and (iv) the anticipated time frame for resolution. A copy of the written certification shall be provided to the prisoner. A prisoner in restrictive housing shall be offered mental health treatment by a qualified mental health professional in accordance with clinical standards adopted by the department in consultation with the department of mental health

(b) If a prisoner needs to be separated from general population to protect the prisoner from harm by others, the prisoner shall not be placed in restrictive housing, but shall be placed in a housing unit that provides approximately the same conditions, privileges, amenities and opportunities as in general population; provided, however, that the prisoner may be placed in restrictive housing for not more than 72 hours while suitable housing is located. A prisoner shall not be held in restrictive housing to protect the prisoner from harm by others for more than 72 hours unless the commissioner, the sheriff or a designee of the commissioner or sheriff certifies in writing: (i) the reason why the prisoner may not be safely held in the general population; (ii) that there is no available placement in a unit comparable to general population; (iii) efforts that are being undertaken to find appropriate housing and the status of the efforts; and (iv) the anticipated time frame for resolution. A copy of the written certification shall be provided to the prisoner.

(c) A prisoner who is or is perceived to be lesbian, gay, bisexual, transgender, queer or intersex or has or is perceived to have a gender identity or expression or sexual orientation uncommon in general population shall not be grounds for placement in restrictive housing.

(d) A prisoner shall not be confined to restrictive housing except pursuant to section 39 or this section.

Section 39B. (a) All prisoners confined to restrictive housing shall receive placement reviews at the following intervals and may receive them more frequently:

(i) If a prisoner is being held pursuant to subsection (a) of section 39A, every 72 hours;

(ii) If a prisoner is being held pursuant to subsection (b) of section 39A, every 72 hours;

(iii) If a prisoner is awaiting adjudication of an alleged disciplinary breach, every 15 days;

(iv) If a prisoner has been committed to disciplinary restrictive housing, every 6 months; and

(v) If a prisoner is being held for any other reason, every 90 days.

(b) After a placement review, the prisoner shall be retained in restrictive housing only if the prisoner is determined to pose an unacceptable risk as provided in subsection (a) of section 39 or if the commissioner, the sheriff or a designee of the commissioner or sheriff re-certifies, in writing, the findings required by subsections (a) or (b) of section 39A.

(c) If a prisoner’s placement in restrictive housing may reasonably be expected to last more than 60 days, the prisoner shall: (i) have 24 hours written notice of placement reviews; (ii) have the opportunity to participate in reviews in person or in writing; (iii) upon review, if no placement change is ordered, be provided a written statement as to the evidence relied on and the reasons for the placement decision; and (iv) not more than 15 days after the initial placement and upon placement review, if no placement change is ordered, be advised as to behavior standards and program participation goals that will increase the prisoner’s chances of a less restrictive placement upon next placement review.

(d) A prisoner who is committed to a secure treatment unit following an allegation or finding of a disciplinary breach shall receive placement reviews at intervals not less than as frequently as if the prisoner were confined to restrictive housing.

(e) The commissioner shall promulgate regulations to define standards and procedures to maximize out-of-cell activities in restrictive housing and to maximize outplacements from restrictive housing consistent with the safety of all persons.

Section 39C. The commissioner, after consultation with the sheriffs and the department of mental health, shall promulgate regulations governing the training and qualifications of correction officers, supervisors and managers deployed to restrictive housing

Section 39D. (a) The commissioner shall publish monthly the number of prisoners held in each restrictive housing unit within each state and county correctional facility.

(b) The commissioner shall publish quarterly as to each restrictive housing unit within each state or county correctional facility: (i) the number of prisoners as to whom a finding of serious mental illness has been made and the number of such prisoners held more than 30 days; (ii) the number of prisoners who have committed suicide or committed non-lethal acts of self-harm; (iii) the number of prisoners according to the reason for their restrictive housing; (iv) as to prisoners in disciplinary restrictive housing, a listing of prisoners with names redacted, including an anonymized identification number that shall be consistent across reports, age, race, gender and ethnicity, whether the prisoner has an open mental health case, the date of the prisoner’s commitment to discipline, the length of the prisoner’s term and a summary of the reason for the prisoner’s commitment; (v) the count of prisoners released to the community directly or within 30 days of release from restrictive housing; and (vi) such additional information as the commissioner may determine.

(c) The administrators of county correctional facilities shall furnish to the commissioner all information that the commissioner deems necessary to support reporting under this section.

Section 39E. Prisoners held in restrictive housing for a period of more than 60 days shall have access to vocational, educational and rehabilitative programs to the extent consistent with the safety and security of the unit and shall receive good time for participation at the same rates as the general population.

Section 39F. The commissioner may promulgate regulations to implement sections 39 to 39F, inclusive.

SECTION  88. Sections 40 and 41 of said chapter 127 are hereby repealed.

SECTION 89 _.  Notwithstanding and general or special law to the contrary the executive office of health and human services in conjunction with the executive office of public safety and security shall develop within one year of the effective date of this at a plan to provide eligibility and capacity for a new diversion program for those with mental health issues that protects public safety to be known as the mental health diversion program. Said program must be certified by the diversion planning and coordination council established in this amendment.