SENATE DOCKET, NO. 1951        FILED ON: 1/20/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 755

The Commonwealth of Massachusetts

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PRESENTED BY:

Michael J. Barrett

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act restricting fine time sentences.

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PETITION OF:

SENATE DOCKET, NO. 1951        FILED ON: 1/20/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 755

The Commonwealth of Massachusetts

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

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An Act restricting fine time sentences.

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

SECTION 1.  Section 24(1)(a)(1) of chapter 90 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:-

The assessment shall be waived or reduced if it will cause a substantial financial hardship to the person or the family or dependents thereof. 

SECTION 2.  Section 24(1)(a)(1) of chapter 90 of the General Laws, as so appearing, is hereby further amended by striking out the fifth sentence and inserting in place thereof the following sentence:-

The assessment shall be waived or reduced if it will cause a substantial financial hardship to the person or the family or dependents thereof.  

SECTION 3.  Section 24(2)(a) of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out the fourth sentence and inserting in place thereof the following sentence:-

The assessment shall be waived or reduced if it will cause a substantial financial hardship to the person or the family or dependents thereof. 

SECTION 4.  Section 24D of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out, in lines 173 and 174, the words “cause a grave and serious hardship to such individual or to the family thereof,”, and inserting in place thereof the following words:- “cause a substantial financial hardship to the individual or the family or dependents thereof,”. 

SECTION 5.  Section 8(a) of chapter 90B of the General Laws, as so appearing, is hereby amended by striking out the sentence beginning on line 513 and inserting in place thereof the following sentence:-

The assessment shall be waived or reduced if it will cause a substantial financial hardship to the person or the family or dependents thereof.

SECTION 6.  Section 144 of chapter 127 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the word “thirty”, and inserting in place thereof, the following word:- “ninety”. 

SECTION 7.  Chapter 127 of the General Laws is hereby amended by striking out section 145, as appearing in the 2014 Official Edition, and inserting in place thereof the following section:-  

Section 145.  Commitment of persons for nonpayment of monies

(a) Justices of trial courts shall not commit a person to a prison or place of confinement solely for non-payment of monies owed if such person has shown by a preponderance of the evidence that the person is not able to pay without causing substantial financial hardship to the person or the family or dependents thereof.  A court shall determine if a substantial financial hardship exists at a hearing, where it shall consider the person’s employment status, earning ability, financial resources, living expenses, number of dependents, and any special circumstances that may have bearing on ability to pay. 

(b) Justices of trial courts shall not commit a person to a prison or place of confinement solely for non-payment of monies owed if such a person was not offered counsel for the commitment portion of the case.  A person deemed indigent for the purpose of the offer of counsel shall not be assessed a fee for such assistance. 

(c) Justices of the trial courts shall consider alternatives to incarceration before committing a person to a prison or place of confinement solely for non-payment of a fine or a fine and expenses. 

SECTION 8.  Section 10 of chapter 209A of the General Laws, as so appearing, is hereby amended by striking out, in lines 6 through 8, the words “when the court finds that the person is indigent or that payment of the assessment would cause the person, or the dependents of such person, severe financial hardship.”, and inserting in place thereof the following words: “when the court finds that the person is indigent or that payment of the assessment would cause substantial financial hardship to the person or the family or dependents thereof.”.

SECTION 9.  Section 2A of chapter 211D of the General Laws, as so appearing, is hereby amended by striking out subsections (f), (g), and (h).

SECTION 10.  Section 8 of chapter 258B of the General Laws, as so appearing, is hereby amended by striking out, in lines 38 through 40, the words “would impose a severe financial hardship upon the person against whom the assessment is imposed,”, and inserting in place thereof the following words: “would cause a substantial financial hardship to the person, or the family or dependents thereof, against whom the assessment is imposed,”. 

SECTION 11.  Section 47 of chapter 265 of the General Laws, as so appearing, is hereby amended by striking out the seventh sentence and inserting in place thereof the following sentence:-

If an offender establishes that such fees would cause a substantial financial hardship to the offender or the family or dependents thereof, the court may waive them. 

SECTION 12.  Section 30 of chapter 276 of the General Laws, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words “except that upon a finding of good cause by the court the fee may be waived,”, and inserting in place thereof the following words: “except that the court may waive the fee upon a finding of good cause or a finding that such a fee would cause a substantial financial hardship to the person or the family or dependents thereof,”. 

SECTION 13.  Section 30 of chapter 276 of the General Laws, as so appearing, is hereby further amended by striking out, in line 11, the words “unless the judge finds that such person is indigent,”, and inserting in place thereof the following words: “unless the judge finds that the fee would cause a substantial financial hardship to the person or the family or dependents thereof,”.  

SECTION 14.  Section 87A of chapter 276 of the General Laws, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

The court shall assess upon every person placed on supervised probation, including all persons placed on probation for offenses under section 24 of chapter 90, but not including any person placed on supervised probation after release from prison or a house of correction, a monthly probation supervision fee, hereinafter referred to as "probation fee'', in the amount of $60 per month. Said person shall pay said probation fee once each month during such time as said person remains on supervised probation. The court shall assess upon every person placed on administrative supervised probation, except for persons placed on administrative supervised probation after release from a prison or a house of correction, a monthly administrative probation supervision fee, hereinafter referred to as "administrative probation fee'', in the amount of $45 per month.  Said person shall pay said administrative probation fee once each month during such time as said person remains on administrative supervised probation. Notwithstanding the foregoing, said fees shall not be assessed upon any person accused or convicted of a violation of section 1 or 15 of chapter 273, where compliance with an order of support for a spouse or minor child is a condition of probation.  

SECTION 15.  Section 87A of chapter 276 of the General Laws, as so appearing, is hereby amended by striking out, in lines 42 through 44, the words “undue hardship on said person or his family due to limited income, employment status, or any other factor.”, and inserting in place thereof the following words: “substantial financial hardship for the person or the family or dependents thereof.”. 

SECTION 16.  Said section 87A of chapter 276 of the General Laws, as so appearing, is hereby further amended by striking out the sixth paragraph and inserting in place thereof the following paragraph:-

The court shall also assess upon every person assessed a supervised probation fee, including all persons placed on probation for offenses under section 24 of chapter 90, a monthly probationers' victim services surcharge, hereinafter referred to as "victim services surcharge'', in the amount of $5 per month. Said person shall pay said victim services surcharge once each month during such time as said person remains on supervised probation. The court shall assess upon every person assessed an administrative probation fee a monthly administrative probationer's victim services surcharge, hereinafter referred to as "administrative victim services surcharge'' in the amount of $5 per month.  Said person shall pay said victim services surcharge once each month during such time as said person remains on administrative probation. 

SECTION 17.  Section 87A of chapter 276 of the General Laws, as so appearing, is hereby amended by striking out, in lines 86 through 88, the words “undue hardship on said person or his family due to limited income, employment status, or any other factor.”, and inserting in place thereof the following words: “substantial financial hardship for the person or the family or dependents thereof.”. 

SECTION 18.  Section 1 of chapter 279 of the General Laws, as so appearing, is hereby amended by inserting after the fourth sentence, the following sentence:

When a person is sentenced to pay a fine of any amount, or is assessed fines, fees, costs, civil penalties, or other expenses at disposition of a case, the court shall inform that person that: (i) nonpayment of the fines, fees, costs, civil penalties, or expenses may result in commitment to a prison or place of confinement; (ii) payment must be made by a date certain; (iii) failure to appear at such date certain or failure to make the payment may result in the issuance of a default; and (iv) if an inability to pay exists as the result of a change in financial circumstances or for any other reason, the person has a right to address the court on inability to pay. 

SECTION 19.  Section 6A of chapter 280 of the General Laws, as so appearing, is hereby amended by striking out the fourth sentence and inserting in place thereof the following sentence:-

The court or justice may in his discretion waive all or any part of said cost assessment, the payment of which would cause a substantial financial hardship to the person convicted or the family or dependents thereof.