SENATE DOCKET, NO. 884        FILED ON: 1/19/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 834

The Commonwealth of Massachusetts

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PRESENTED BY:

Kenneth J. Donnelly

_________________

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 reforming pretrial process.

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PETITION OF:

SENATE DOCKET, NO. 884        FILED ON: 1/19/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 834

The Commonwealth of Massachusetts

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

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An Act reforming pretrial process.

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

SECTION 1. Section 16 of chapter 125 of the General Laws, as appearing in 2014 Official Edition, is hereby amended by inserting at the end thereof the following sentence:- The commissioner of corrections may upon approval of the commissioner place female prisoners held for trial in a community corrections program under chapter 211F.

SECTION 2. Section 4 of chapter 126, as appearing in the 2014 Official Edition, is hereby amended by inserting after the first sentence the following sentence:- The sheriff, superintendent, keeper or other officer in charge of the jail may upon approval of the commissioner place a person, who is charged with crime and committed for trial, in a community corrections program under chapter 211F.

SECTION 3. Section 48 of chapter 127 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding, after the third sentence, the following sentence:- The commissioner or the administrators of county correctional facilities may upon approval of the commissioner place inmates in a community corrections program under chapter 211F.

SECTION 4. Section 49 of said chapter 127, as so appearing, is hereby amended by inserting after the word “facility”, in line 7 and 8, the following words:- or to participate in a community corrections program under chapter 211F;

SECTION 5. Section 90A of said chapter 127, as so appearing, is hereby amended by inserting after the word “(f)”, in line 32, the following words:- to participate in a community corrections program under chapter 211F; or (g).

SECTION 6. Subsection (a) of section 3 of chapter 211F of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting at the end thereof the following sentences:-

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

SECTION 7. Subsection (c) of said section 3 of said chapter 211F, as so appearing, is hereby amended by inserting before the word “sentence”, in line 8, the following words:- court-ordered.

SECTION 8. Said section 3 of said chapter 211F, as so appearing, is hereby further amended by inserting after subsection (d) the following subsection:-

(e) Participation in a community corrections program may be ordered by the court, in lieu of bail, or as a condition of release consistent with sections 57, 58, and 58A of chapter 276 and subject to the eligibility requirements of this section.

SECTION 9. Subsection (b) of section 4 of said chapter 211F, as so appearing, is hereby amended by inserting after the word “supervision.”, in line 36, the following words:- and by the commissioner of corrections, under sections 48, 49 and 90A of chapter 127, for the purpose of re-entry and reintegration or, under section 16 of chapter 125 or section 4 of chapter 126, for the purpose of community supervision of persons held for trial.

SECTION 10. Said section 4 of said chapter 211F, as so appearing, is hereby further amended by inserting after subsection (c) the following subsection:- (d) Community corrections programs may be utilized by the probation department for pretrial supervision consistent with sections 58, 58A or 87 of chapter 276.

SECTION 11. Section 42 of chapter 276 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 4, the words “and sufficient bail is offered”.

SECTION 12. The second paragraph of section 42A of said chapter 276, as so appearing, is hereby amended by striking out the figure “57” and inserting in place thereof  the following figure:- 58.

SECTION 13. Said chapter 276, as so appearing, is hereby amended by striking out section 57 and inserting in place thereof the following section:-

Section 57. The following words, as used in section 57 through section 82A, inclusive, unless the context otherwise requires, shall have the following meanings:-

“Bail”, the process by which a person is released from custody, either subject to conditions of release or on his or her own recognizance.

“Conditions of release”, the conditions included in paragraph (B) of section 58A.

“Default”, any failure to abide by a specific condition of pretrial release, including, but not limited to, a failure to appear at a specified court date, a failure to follow an order to stay away from a witness or victim, a failure to attend a treatment program stipulated in a release order or any other failure to abide by a condition of release.

“Financial condition”, a secured or unsecured bond.

“Judicial officer”, a justice of the supreme judicial or superior court, a justice or a clerk or assistant clerk of the superior, juvenile, Boston Municipal, housing or district court or the clerk of the superior court for criminal business in the county of Suffolk, a standing or special commissioner appointed by either of said courts or a bail commissioner.

“Pretrial services”, the division of pretrial services established in section 59 of this chapter.

“Risk assessment tool”, an empirically developed uniform tool validated in the commonwealth that analyzes risk factors, created or chosen and implemented by pretrial services to produce the risk assessment score for a defendant that will aid the judicial officer in determining the pretrial release, with or without conditions, that will reasonably assure appearance of the defendant before the court.

“Risk factors”, items specific to a defendant that are accounted for by the risk assessment tool that may include, but are not limited to, the following: the nature and circumstances of the offense charged, the potential penalty the person faces, the person’s family ties, financial resources, employment record and history of mental illness, his reputation and the length of residence in the community, his record of convictions, if any, any illegal drug distribution or present drug dependency, any flight to avoid prosecution or fraudulent use of an alias or false identification, any failure to appear at any court proceeding to answer to an offense, whether the person is on bail pending adjudication of a prior charge, whether the acts alleged involve abuse, as defined in section 1 of chapter 209A, or violation of a temporary or permanent order issued pursuant to sections 18 or 34B of chapter 208, section 32 of chapter 209, sections 3, 4 or 5 of chapter 209A, or sections 15 or 20 of chapter 209C, whether the person has any history of orders issued against him pursuant to the aforesaid sections, whether he is on probation, parole, or other release pending completion of sentence for any conviction, and whether he is on release pending sentence or appeal for any conviction.

“Secured bond”, an amount of cash or pledged property that, in the discretion of the judicial officer, would reasonably assure the presence of a defendant as required, taking into consideration the individual characteristics of the defendant, including the defendant’s financial means.

“Surety”, an individual, individuals or organization that, without any compensation, promises to ensure the presence of a criminal defendant at proceedings or who pledges an unsecured bond or both.

“Unsecured bond”, an agreement between the district or superior court and a defendant in a criminal case or a surety that, if said defendant does not appear on a date certain before the court or fails to abide by any explicit conditions of release, the defendant or surety will forfeit to the court a specified amount of money or property due at the time of any default by the defendant.

SECTION 14. Section 58 of said chapter 276, as so appearing, is hereby amended, in lines 1 and 2, by striking out the words “A justice or a clerk or assistant clerk of the district court, a bail commissioner or master in chancery” and inserting in place thereof the following words:- A judicial officer.

SECTION 15. Said section 58 of said chapter 276, as so appearing, is hereby further amended by striking out, in line 3, the words “the applicable provisions of section fifty-seven” and inserting in place thereof the following words:- this section.

SECTION 16. Said section 58 of said chapter 276, as so appearing, is hereby further amended by striking out, in line 5, the words “for an offense other than an offense punishable by death,”.

SECTION 17. Said section 58 of said chapter 276, as so appearing, is hereby further amended by striking out, in line 7, the words “fifty-eight” and inserting in place thereof the following figure:- 58.

SECTION 18. Said section 58 of said chapter 276, as so appearing, is hereby further amended by inserting after the word “surety”, in line 11, the following words:- or financial condition.

SECTION 19. Said section 58 of said chapter 276, as so appearing, is hereby further amended by striking out, in lines 10 and 11, the words “justice, clerk or assistant clerk, bail commissioner or master in chancery” and inserting in place thereof the following words:- judicial officer.

SECTION 20. Said section 58 of said chapter 276, as so appearing, is hereby further amended by inserting after the word “discretion”, in line 13, the following words:- after consulting the risk assessment tool.

SECTION 21. Said section 58 of said chapter 276, as so appearing, is hereby further amended by inserting after the first sentence the following sentence:- All persons authorized to take bail under this section shall be governed by the rules established by the supreme judicial or trial court.

SECTION 22. Said section 58 of said chapter 276, as so appearing, is hereby further amended by striking out the second sentence, in lines 14 through 37, inclusive, and inserting in place thereof the following sentence:- The judicial officer setting bail shall not impose a financial condition that results in the pretrial detention of the person.

SECTION 23. Said section 58 of said chapter 276, as so appearing, is hereby further amended by striking out the word “person”, in line 37, and inserting in place thereof the following words:- judicial officer.

SECTION 24. Said section 58 of said chapter 276, as so appearing, is hereby further amended by striking out, in lines 39 and 40, the words “or section fifty-seven that”.

SECTION 25. Said section 58 of said chapter 276, as so appearing, is hereby further amended by striking out the words “his bail may be revoked in accordance with the third paragraph of this section”, in lines 41 and 42, and inserting in place thereof the following words:- the commonwealth may present a motion under section 58B for pretrial detention or change in conditions of release.

SECTION 26. Said section 58 of said chapter 276, as so appearing, is hereby further amended by striking out the words “justice or clerk or assistant clerk of the district court, the bail commissioner or master in chancery”, in lines 42 and 43, and inserting in place thereof the following words:- judicial officer.

SECTION 27. Said section 58 of said chapter 276, as so appearing, is hereby further amended by striking out the words “cash bail is required, the person shall be allowed to provide an equivalent amount in a surety company bond”, in lines 44 through 45, and inserting in place thereof the following words:- personal recognizance without surety or financial condition would not reasonably assure the appearance of the person before the court, the court may require a surety or unsecured bond in addition to any other conditions of release.

SECTION 28. Said section 58 of said chapter 276, as so appearing, is hereby further amended by striking out the words “justice or clerk or assistant clerk of the district court, the bail commissioner or master in chancery”, in lines 45 through 47, inclusive, and inserting in place thereof the following words:- judicial officer.

SECTION 29. Said section 58 of said chapter 276, as so appearing, is hereby further amended by inserting after the words “to abide by”, in line 48, the following words:- conditions of release or.

SECTION 30. Said section 58 of said chapter 276, as so appearing, is hereby further amended, by inserting after the first paragraph the following paragraphs:-

A person detained as a result of a bail decision under this section shall be brought to a trial as soon as reasonably possible, but in absence of good cause, the person so held shall not be detained for a period exceeding 120 days, excluding any period of delay as defined in Massachusetts Rules of Criminal Procedure Rule 36(b)(2). Any order resulting in detention shall be reviewed de novo after its expiration to determine if the order is still necessary and shall be appealable to the superior court under the tenth paragraph of this section.

Notwithstanding the foregoing, a person arrested and charged with a violation of an order or judgment issued pursuant to section 18, 34B or 34C of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A, or section 15 or 20 of chapter 209C, or arrested and charged with a misdemeanor or felony involving abuse as defined in section 1 of chapter 209A while an order of protection issued under chapter 209A was in effect against said person, shall not be released out of court by a clerk of courts, clerk of a district court, or bail commissioner.

SECTION 31. The second paragraph of said section 58 of chapter 276, as so appearing, is hereby amended by striking out the figure “57”, in line 53, and inserting in place thereof the following figure:- 58;

and by inserting after the word “practicable”, in line 70, the following words:- , and shall take into consideration the following: the nature and circumstances of the offense charged, the potential penalty the person faces, the person’s family ties, employment record and history of mental illness, the person’s reputation, the risk that the person will obstruct or attempt to obstruct justice or threaten, injure or intimidate or attempt to threaten, injure or intimidate a prospective witness or juror, the person’s record of convictions, if any, any illegal drug distribution or present drug dependency, whether the person is on bail pending adjudication of a prior charge, whether the acts alleged involve abuse, as defined in said section 1 of said chapter 209A, a violation of a temporary or permanent order issued pursuant to said sections 18 or 34B of said chapter 208, said section 32 of said chapter 209, said sections 3, 4 or 5 of said chapter 209A or said sections 15 or 20 of said chapter 209C, whether the person has any history of issuance of such orders pursuant to the aforesaid sections, whether the person is on probation, parole or other release pending completion of sentence for any conviction and whether the person is on release pending sentence or appeal for any conviction.

SECTION 32. Said section 58 of said chapter 276, as so appearing, is hereby amended by striking out the word “person”, in line 89, and inserting in place thereof the following words:- judicial officer.

SECTION 33. Said section 58 of said chapter 276, as so appearing, is hereby further amended by striking out the words “eighty-two A”, in line 90, and inserting in place thereof the following words:- 82A.

SECTION 34. Said section 58, as so appearing, is hereby amended by striking out the words “person authorized to take bail may charge the fees authorized by section twenty-four of chapter two hundred and sixty-two”, in lines 92 through 94, inclusive, and inserting in place thereof the following words:- judicial officer may charge the fees authorized by section 24 of chapter 262.

SECTION 35. The fifth paragraph of said section 58 of said chapter 276, as so appearing, is hereby amended by inserting at the end thereof the following sentences:- Said fees shall be paid by the court of jurisdiction whether the defendant is released by the judicial officer or detained. After a conviction, plea of guilty or nolo contendere or when the case is continued without a finding on the charged offense, the court may order a defendant to pay restitution in an amount equal to the fees paid by the court pursuant to this paragraph.

SECTION 36. Said section 58 of said chapter 276, as so appearing, is hereby amended, by striking out the sixth paragraph and inserting in place thereof the following paragraphs:-

A person aforesaid charged with an offense and not released on his personal recognizance without surety by a clerk or assistant clerk of the district court, or a bail commissioner shall forthwith be brought before the next session of the district court for a review of the order to recognize in accordance with the standards set forth in the first paragraph of this section. The court shall provide as an explicit condition of release for any person admitted to bail pursuant to this section that should said person be charged with a crime during the period of his release, his bail may be revoked in accordance with section 58B and the court shall enter in writing on the court docket that the person was so informed and the docket shall constitute prima facie evidence that the person was so informed.

A person aggrieved by the denial of a district court justice to admit him to bail on his personal recognizance without surety or financial condition may petition the superior court for a review of the order of the recognizance and the justice of the district court shall thereupon immediately notify such person of his right to file a petition for review in the superior court. When a petition for review is filed in the district court or with the detaining authority subsequent to petitioner’s district court appearance, the clerk of the district court or the detaining authority, as the case may be, shall immediately notify by telephone, the clerk and probation officer of the district court, the district attorney for the district in which the district court is located, the prosecuting officer, the petitioner’s counsel, if any, and the clerk of courts of the county to which the petition is to be transmitted. The clerk of the district court, upon the filing of a petition for review, either in the district court or with the detaining authority, shall forthwith transmit the petition for review, a copy of the complaint and of the record of the court, including the appearance of the attorney, if any is entered, and a summary of the court’s reasons for denying the release of the defendant on his personal recognizance without surety to the superior court for the county in which the district court is located, if a justice thereof is then sitting, or to the superior court of the nearest county in which a justice is then sitting; the probation officer of the district court shall transmit forthwith to the probation officer of the superior court, copies of all records of the probation office of said district court pertaining to the petitioner, including the petitioner’s record of prior convictions, if any, as currently verified by inquiry of the commissioner of probation. The district court or the detaining authority, as the case may be, shall cause any petitioner in its custody to be brought before the said superior court on the same day the petition shall have been filed, unless the district court or the detaining authority shall determine that such appearance and hearing on the petition cannot practically take place before the adjournment of the sitting of said superior court for that day and in which event, the petitioner shall be caused to be brought before said court for such hearing during the morning of the next business day of the sitting of said superior court. The district court is authorized to order any officer authorized to execute criminal process to transfer the petitioner and any papers herein above described from the district court or the detaining authority to the superior court, and to coordinate the transfer of the petitioner and the papers by such officer. The petition for review shall constitute authority in the person or officer having custody of the petitioner to transport the petitioner to said superior court without the issuance of any writ or other legal process, provided, however, that any district or superior court is authorized to issue a writ of habeas corpus for the appearance forthwith of the petitioner before the superior court.

SECTION 37. The eighth paragraph of said section 58 of said chapter 276, as so appearing, is hereby amended by striking out the words “has posted”, in line 204, and inserting in place thereof the following words:- was released on;

and, by striking out the words “holding the defendant’s bail”, in lines 206 and 207, and inserting in place thereof the following words:- that released the defendant on bail;

and, by striking out the words “the amount of any bail bond posted”, in line 208, and inserting in place thereof the following words:- any secured or unsecured bond or record of surety or pledge;

and, by striking out the words “bail bond”, in line 209, and inserting in place thereof the following words:- financial condition;

and, by striking out, in line 210, the words “the amount”.

SECTION 38. The sixth paragraph of said section 58 of said chapter 276, as so appearing, is hereby amended by striking the words “either by increasing the amount of the recognizance or requiring sufficient surety or both,”, in lines 220 and 221, and inserting in place thereof the following words:- by requiring additional conditions of release, sufficient surety or unsecured bond,;

and, by striking out the word “third”, in line 182, and inserting in place thereof the following word:- “eighth”.

SECTION 39. The eleventh paragraph of said section 58 of said chapter 276, as so appearing, is hereby amended by striking out the words “fifty-eight-A,” in each instance it appears, and inserting in place thereof the following words:- 58A.

SECTION 40. Clause (2) of section 58A of said chapter 276, as so appearing, is hereby amended by inserting after the figure “(4)”, in line 31, the following word:- and.

SECTION 41. The second paragraph of said clause (2) of said section 58A of said chapter 276, as so appearing, is hereby amended by striking out, in lines 35 and 36, the words “will not reasonably assure the appearance of the person as required or”.

SECTION 42. Subclause (xii) of subparagraph (B) of said clause (2) of said section 58A of said chapter 276, as so appearing, is hereby amended by striking out the words “a bail bond with solvent sureties; who will execute an agreement to forfeit in such amount as is reasonably necessary to assure appearance of the person as required and shall provide the court with information regarding the value of the assets and liabilities of the surety if other than an approved surety and the nature and extent of encumbrances against the surety’s property; such surety shall have a net worth which shall have sufficient unencumbered value to pay the amount of the bail bond”, in lines 75 through 82, inclusive, and inserting in place thereof the following words:- a secured or unsecured bond, provided, that the judicial officer shall only impose a financial condition under this clause if said judicial officer finds that no other condition or combination of conditions will reasonably assure the appearance of the person as required.

SECTION 43. Said subparagraph (B) of said clause (2) of said section 58A of said chapter 276, as so appearing, is hereby amended by striking out subclause (xiv), in lines 85 through 91, inclusive, and inserting in place thereof the following subclauses:-

(xiv) participate in a diversion program under chapter 276A, an alternative adjudication program, or in a drug, mental health, veteran or other treatment court program; and

(xv) satisfy any other condition that is reasonably necessary to assure the appearance of the person as required and to assure the safety of any other person and the community.

SECTION 44. Said clause (2) of said section 58A of said chapter 276, as so appearing, is hereby amended, in lines 90 and 91, by striking out the last sentence.

SECTION 45. Clause (5) of said section 58A of said chapter 276, as so appearing, is hereby amended by inserting after the word “shall”, in line 154, the following words:- in addition to consulting the results of the risk assessment tool,.

SECTION 46. The second paragraph of section 58B of said chapter 276, as so appearing, is hereby amended by striking out the figure “ninety”, in line 39, and inserting in place thereof the following figure:- 60.

SECTION 47. Said chapter 276, as so appearing, is hereby amended by striking out section 59 and inserting in place thereof the following sections:-

Section 59. There shall be within the office of probation a pretrial services division, hereinafter referred to as pretrial services. Pretrial services shall collect and present necessary information to compile and present risk assessments scores, and consistent with court policy, provide the court with evidence-based release recommendations required by the judicial officer in making release decisions, including the defendant’s eligibility for diversion, treatment or other alternative adjudication programs. Pretrial services shall be headed by a director of pretrial services. The director shall be a person of ability and experience in the pretrial process, chosen and appointed by the commissioner for the office of probation.

Section 59A. Pretrial services shall perform the following duties for the trial courts:

(a) create or choose a risk assessment tool, provided, that the tool shall be tested and validated in the commonwealth to identify and eliminate unintended economic, race or gender bias included in the tool;

(b) establish a procedure for the screening of persons who are to be, or have been, presented in court for first appearance to assist the trial court in determining the appropriate terms and conditions of pretrial release, provided, that procedure shall use a uniform risk assessment tool;

(c) record information received from the arrested person as a result of any division interview on a uniform risk assessment tool;

(d) verify and supplement to the extent possible the information required by the risk assessment tool before submitting its report, provided, that minimum verification shall include the arrestee’s prior criminal record, residency, and employment circumstances;

(e) submit written reports of any interviews to the presiding judicial officer, all parties and counsel of record, based on the results of the risk assessment tool, along with such findings and recommendations, if any, as may be necessary to assess the appropriate conditions of release which shall be imposed that reasonably assure the presence of the arrestee in court and the safety of the public or aid the orderly administration of justice before trial;

(f) cooperate with the court and all other criminal justice agencies in the development of programs to minimize unnecessary pretrial detention and protect the public against breaches of pretrial release conditions;

(g) monitor the local operations of the pretrial release system and maintain accurate and comprehensive records of program activities;

(h) provide notification to supervised persons of court appearance obligations and, as needed, require periodic reporting by letter, telephone or personal appearance to verify compliance with conditions of release;

(i) assist persons released prior to trial in securing any necessary employment, medical, drug, mental or other health treatment, legal or other needed social services that would increase the chances of successful compliance with conditions of pretrial release; and

(j) regularly monitor the arrest records of local law enforcement agencies to determine whether any supervised person has been formally charged with the commission of a new offense in violation of the uniform release order. In such event, pretrial services shall prepare a formal report of that fact and present the same to the court. A copy of the report shall be provided to the prosecuting officer who may aid pretrial services in presenting such violation.

No person shall be interviewed by pretrial services unless he or she has first been apprised of the identity and purpose of the interview, the scope of the interview, the right to counsel, and the right to refuse cooperation. Inquiry of the defendant shall carefully exclude questions concerning the details of the current charge. Statements made by the defendant during the interview or evidence derived therefrom, are admissible in evidence only when the court is considering the imposition of pretrial conditions to bail or recognizance, or when considering the modification of a prior release order and shall not be admissible in the course of any other proceeding.

A representative of pretrial services shall, where feasible, be present or otherwise available to the trial court at the first appearance or such later hearings at which the division report is to be considered by the trial court. At such hearings, the factual findings, conclusions and recommendations in the written report may be challenged by the defendant, his or her counsel, or the prosecuting attorney, by the presentation of any relevant evidence; and if so ordered by the trial court, pretrial services shall prepare and submit for the court’s approval and signature a release order on a uniform release form in all cases where a defendant may be released from custody under conditions contained in an division report. Such conditions shall become part of the conditions of release. A copy of the uniform release order shall be provided to the defendant, the defendant’s attorney of record, and the prosecutor.

Pretrial services shall have primary responsibility for reporting non-compliance by criminal defendants with the terms and conditions of pretrial release specified in the uniform release order entered under this section. Pretrial services shall monitor and supervise compliance with pretrial release of supervised persons before trial and promptly submit reports to the court, defendant, the defendant’s attorney of record and prosecuting officer whenever: (i) apparent violations of other conditions imposed by the court under the uniform release order have occurred; or (ii) modification of the uniform release order and conditions thereof are deemed in the best interests of either the accused or the community.

Section 59B. (a) Pretrial services shall collect data and maintain records of individuals processed by pretrial services.

(b) Pretrial services shall submit quarterly reports to the office of probation, the chief justice of the trial court, the court administrator and the supreme judicial court including but not limited to: analysis on demographics of the pretrial population including age, race and sex; number of persons detained before trial; appearance rates; length of detentions; default rates; conditions imposed upon release; caseload of the pretrial services division; length of supervision; and any other analytical data the division deems appropriate; provided, that any data included in the report is presented only in aggregated form and no individual can be identified by data included in the report.

(c) Information and records maintained by pretrial services that have not been disclosed in open court during a trial court proceeding shall not be released by pretrial services to any individual or organization, other than any employee of the office of probation or the courts, without the express permission of the interviewed or supervised person at or near the time the information is to be released. An individual shall have access to all information and records about himself or herself maintained by or collected by pretrial services. Nothing in this section shall prevent pretrial services from making its data available for research purposes to qualified personnel, provided that no records or other information shall be made available in which individuals interviewed or supervised are identified or from which their identities are ascertainable. Records created by pretrial services shall not be part of an individual’s criminal offender record information. The information obtained and recorded shall not be regarded as public records and shall not be open for public inspection but aggregate data shall be accessible to the justices, the departments of probation, and youth services, the Massachusetts sentencing commission, and to such local and state governments as the division may determine. Upon payment of a fee as established by the chief justice of the trial court or the court administrator for each search, such aggregate data shall be accessible to such departments of the federal government and to such educational and charitable corporations and institutions as the division may determine.

Section 59C. (a) Pretrial services shall develop informational materials and produce training curriculum for staff regarding the functions of pretrial services. The training shall include information on risk assessment tools, risk assessment scores, recommended supervision levels and conditions of release, the difference between probationers and pretrial defendants and their different needs, data collection consistent with best practices, trauma informed pretrial services, and any other information the trial court or pretrial services division deem appropriate. No employee of pretrial services shall determine a risk assessment score, oversee a released defendant or make release recommendations to the court before participating in the mandatory training.

(b) The trial court, in coordination with pretrial services, shall develop curriculum and make training opportunities available on a rolling basis to all judicial officers eligible to make bail decisions. Training shall include information on the risk assessment tools, risk assessment scores and recommended supervision levels, conditions of release, and any other information the trial court or pretrial services division deem appropriate. No bail commissioner shall be eligible to make a bail decision after the implementation of the risk assessment tool, before participating in a training offered under this section.

SECTION 48. Section 60 of said chapter 276, as so appearing, is hereby amended by striking out the words “fifty-seven”, in line 5,  and inserting in place thereof the following figure:- 58.

SECTION 49. Section 61 of said chapter 276, as so appearing, is hereby amended by inserting after the word “other”, in line 9, the following words:- secured or unsecured;

and by striking out, in lines 13 through 18, inclusive, the words “A surety may, instead of making such certificate, give his personal recognizance as surety and deposit money, bonds or a properly assigned bank book of the kind and in the amount and under the conditions set forth in section fifty-seven for making deposit of like nature.”;

and by striking out the words “second Monday of each”, in line 22, and inserting in place thereof the following words:- “fifteenth of every”;

and by striking out the word “superior”, in line 23, and inserting in place thereof the following word:- trial.

SECTION 50. Said chapter 276, as so appearing, is hereby amended by striking out section 61A.

SECTION 51. Section 61B of said chapter 276, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:- No person proposing to become a surety in a criminal case, shall be accepted as such unless he shall have been registered by the pretrial services division. No surety under this chapter may be compensated for acting as such a surety.

SECTION 52. The second paragraph of said section 61B of said chapter 276, as so appearing, is hereby further amended by striking out the words “cash or a bail”, in line 33, and inserting in place thereof the following words:- secured or unsecured;

and by striking out the word “bail”, in line 39, and inserting in place thereof the following words:- secured or unsecured;

and by striking out the words “a bail bond or cash bail”, in lines 40 and 41, and inserting in place thereof the following words:- secured or unsecured bond.

SECTION 53. The third paragraph of said section 61B of said chapter 276, as so appearing, is hereby further amended by inserting after the word “administration”, in lines 69 and 71, in each instance, the following words:- and pretrial services.

SECTION 54. Said section 61B of said chapter 276, as so appearing, is hereby further amended by striking out the fifth paragraph.

SECTION 55. Section 65 of said chapter 276, as so appearing, is hereby amended by striking out the word “bail”, in line 14, and inserting in place thereof the following words:- secured or unsecured.

SECTION 56. Section 68 of said chapter 276, as so appearing, is hereby amended by striking out the word “Bail”, in line 1, and inserting in place thereof the following words:- A surety.

SECTION 57. Section 69 of said chapter 276, as so appearing, is hereby amended by striking out the word “Bail”, on line 1, and inserting in place thereof the following words:- A surety;

and by striking out the word “bail”, in line 6, and inserting in place thereof the following word:- surety.

SECTION 58. Section 70 of said chapter 276, as so appearing, is hereby amended by striking out the words “bail are”, in line 2, and inserting in place thereof the following words:- surety is.

SECTION 59. Section 71 of said chapter 276, as so appearing, is hereby amended by striking out the words “his obligation”, in line 5, and inserting in place thereof the following words:- including the reason for default, his or her secured or unsecured bond, if any,.

SECTION 60. Said chapter 276, as so appearing, is hereby further amended by striking out sections 79 and 80 and inserting in place thereof the following sections:-

Section 79. Any judicial officer authorized to make bail decisions shall collect any financial obligation due as a result of the bail decision from a defendant at the time a bail decision is made and at the place where the decision is made if the defendant has means at that time and place to meet the financial obligation.

Section 80. At any time after default of the defendant, the court may order the forfeit of the secured or unsecured bond determined or deposited at the time of the recognizance and the court or clerk of the court shall issue an order against the person who pledged an unsecured bond to pay the court the money so forfeited. The court or clerk of the court shall pay to the state treasurer any money so deposited. The court may accept alternatives to cash, including but not limited to bonds. The clerk of the court shall immediately proceed to sell any bonds so deposited either at public or private sale, and shall forthwith pay the proceeds thereof, after deducting all expenses connected with such sale, to the state treasurer. The order for payment issued by the court or clerk of court shall be delivered according to the rules for delivery of a criminal summons, upon the person or persons obligated to pay the court. A person who fails to pay an order for payment may be subject to contempt proceedings.

SECTION 61. Section 81 of said chapter 276, as so appearing, is hereby amended by striking out the first sentence;

and by striking out the word “recaption”, in line 6, and inserting in place thereof the following word:- recapture;

and by striking out the word “recognizance”, in line 13, and inserting in place thereof the following words:- secured or unsecured bond.