HOUSE DOCKET, NO. 2727 FILED ON: 1/17/2019
HOUSE . . . . . . . . . . . . . . . No. 1343
|
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Ruth B. Balser
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to treatment, not imprisonment.
_______________
PETITION OF:
Name: | District/Address: | Date Added: |
Ruth B. Balser | 12th Middlesex | 1/17/2019 |
Dylan A. Fernandes | Barnstable, Dukes and Nantucket | 1/23/2019 |
James J. O'Day | 14th Worcester | 1/25/2019 |
Brian M. Ashe | 2nd Hampden | 1/25/2019 |
Christine P. Barber | 34th Middlesex | 1/25/2019 |
Kenneth I. Gordon | 21st Middlesex | 1/25/2019 |
Tram T. Nguyen | 18th Essex | 1/28/2019 |
Thomas M. Stanley | 9th Middlesex | 1/28/2019 |
Adrian C. Madaro | 1st Suffolk | 1/28/2019 |
Sarah K. Peake | 4th Barnstable | 1/29/2019 |
Jack Patrick Lewis | 7th Middlesex | 1/23/2019 |
Lindsay N. Sabadosa | 1st Hampshire | 1/29/2019 |
Michael J. Barrett | Third Middlesex | 1/29/2019 |
Jay D. Livingstone | 8th Suffolk | 1/30/2019 |
Tommy Vitolo | 15th Norfolk | 1/30/2019 |
Paul J. Donato | 35th Middlesex | 1/30/2019 |
David M. Rogers | 24th Middlesex | 1/30/2019 |
Maria Duaime Robinson | 6th Middlesex | 1/25/2019 |
Joseph A. Boncore | First Suffolk and Middlesex | 1/30/2019 |
Mike Connolly | 26th Middlesex | 1/30/2019 |
Rebecca L. Rausch | Norfolk, Bristol and Middlesex | 1/30/2019 |
Mary S. Keefe | 15th Worcester | 1/30/2019 |
Edward F. Coppinger | 10th Suffolk | 1/30/2019 |
Denise Provost | 27th Middlesex | 1/30/2019 |
Bud L. Williams | 11th Hampden | 1/30/2019 |
Carmine Lawrence Gentile | 13th Middlesex | 1/30/2019 |
Elizabeth A. Malia | 11th Suffolk | 1/30/2019 |
Stephan Hay | 3rd Worcester | 1/30/2019 |
Carlos González | 10th Hampden | 1/30/2019 |
Natalie M. Higgins | 4th Worcester | 1/30/2019 |
Sal N. DiDomenico | Middlesex and Suffolk | 1/30/2019 |
Jennifer E. Benson | 37th Middlesex | 1/31/2019 |
Tami L. Gouveia | 14th Middlesex | 1/31/2019 |
Bruce E. Tarr | First Essex and Middlesex | 1/31/2019 |
Mindy Domb | 3rd Hampshire | 1/31/2019 |
Russell E. Holmes | 6th Suffolk | 1/31/2019 |
Michelle L. Ciccolo | 15th Middlesex | 1/31/2019 |
Daniel J. Ryan | 2nd Suffolk | 1/31/2019 |
José F. Tosado | 9th Hampden | 1/31/2019 |
Patricia D. Jehlen | Second Middlesex | 1/31/2019 |
Sean Garballey | 23rd Middlesex | 1/31/2019 |
David Paul Linsky | 5th Middlesex | 1/31/2019 |
Liz Miranda | 5th Suffolk | 2/1/2019 |
John F. Keenan | Norfolk and Plymouth | 2/1/2019 |
Marjorie C. Decker | 25th Middlesex | 2/1/2019 |
Daniel R. Cullinane | 12th Suffolk | 2/1/2019 |
David Henry Argosky LeBoeuf | 17th Worcester | 2/1/2019 |
Daniel M. Donahue | 16th Worcester | 2/1/2019 |
Susannah M. Whipps | 2nd Franklin | 2/1/2019 |
Jon Santiago | 9th Suffolk | 2/1/2019 |
James B. Eldridge | Middlesex and Worcester | 2/1/2019 |
Kay Khan | 11th Middlesex | 2/1/2019 |
Frank A. Moran | 17th Essex | 2/1/2019 |
Patricia A. Haddad | 5th Bristol | 2/1/2019 |
James K. Hawkins | 2nd Bristol | 2/1/2019 |
Julian Cyr | Cape and Islands | 2/1/2019 |
HOUSE DOCKET, NO. 2727 FILED ON: 1/17/2019
HOUSE . . . . . . . . . . . . . . . No. 1343
By Ms. Balser of Newton, a petition (accompanied by bill, House, No. 1343) of Ruth B. Balser and others relative to the testing for the use of alcohol or narcotic drugs or other controlled substances as a condition of release. The Judiciary. |
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-First General Court
(2019-2020)
_______________
An Act relative to treatment, not imprisonment.
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 57 of chapter 276 of the General Laws, as amended by sections 166 through 169 of chapter 69 of the acts of 2018, is hereby amended by inserting after the first paragraph the following paragraphs:-
If a person is ordered to refrain from the use of alcohol or a narcotic drug or other controlled substance as a condition of release or if drug or alcohol testing is ordered as a condition of release, the justice of the supreme judicial or superior court, a clerk of courts 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, in the county of Suffolk, by the sheriff of said county with the approval of the superior court, a justice or clerk of a district court, a master in chancery, shall not order drug or alcohol testing to occur more than 4 times per month. Upon motion of the person, the justice of the supreme judicial or superior court, a clerk of courts 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, in the county of Suffolk, by the sheriff of said county with the approval of the superior court, a justice or clerk of a district court, a master in chancery, shall consider whether the person has a substance use disorder in need of treatment. If he or she determines that the person has a substance use disorder in need of treatment, the person shall be ordered to engage in such treatment with any health care provider licensed by the department of public health, as defined in section 1 of chapter 111.
If a person is engaged in treatment, the person shall not be required to submit to any drug or alcohol testing that is not required by such treatment program, and any positive test result or any other indicator of relapse shall not be considered a violation of the person’s conditions of release. For the purposes of this section, a person shall be considered engaged in treatment if the person: (i) is attending a treatment program or regimen; (ii) switches treatment programs voluntarily or at the direction of a health care provider; (iii) is discharged from a treatment program and transitions into a new treatment program or regimen within a reasonable period of time; or (iv) is on a waiting list for a treatment program or regimen. If a person is not engaged in treatment, absent extenuating circumstances and a showing that the person is earnestly attempting to comply with the court’s condition of release, the court may find that the person is in violation of a condition of release.
If a person has completed treatment and remains subject to pretrial conditions of release, and tests positive for drugs or alcohol, upon motion of the person, the court shall again consider the person’s treatment needs. If the court determines that the person has a substance use disorder in need of treatment, the person shall be ordered to resume treatment with any health care providers licensed by the department of public health, as defined in section 1 of chapter 111, and the positive drug or alcohol test shall not be considered a violation of conditions of release.
SECTION 2. Section 58 of chapter 276 of the General Laws, as amended by sections 170 and 171 of chapter 69 of the acts of 2018, is hereby amended by inserting after the first paragraph the following paragraphs:-
If a person is ordered to refrain from the use of alcohol or a narcotic drug or other controlled substance as a condition of release or if drug or alcohol testing is ordered as a condition of release, the justice or clerk or assistant clerk of the district court, the bail commissioner or master in chancery, shall not order drug or alcohol testing to occur more than 4 times per month. Upon motion of the person, the justice or clerk or assistant clerk of the district court, the bail commissioner or master in chancery, shall consider whether the person has a substance use disorder in need of treatment. If he or she determines that the person has a substance use disorder in need of treatment, the person shall be ordered to engage in such treatment with any health care provider licensed by the department of public health, as defined in section 1 of chapter 111.
If a person is engaged in treatment, the person shall not be required to submit to any drug or alcohol testing that is not required by such treatment program, and any positive test result or any other indicator of relapse shall not be considered a violation of the person’s conditions of release. For the purposes of this section, a person shall be considered engaged in treatment if the person: (i) is attending a treatment program or regimen; (ii) switches treatment programs voluntarily or at the direction of a health care provider; (iii) is discharged from a treatment program and transitions into a new treatment program or regimen within a reasonable period of time; or (iv) is on a waiting list for a treatment program or regimen. If a person is not engaged in treatment, absent extenuating circumstances and a showing that the person is earnestly attempting to comply with the court’s condition of release, the court may find that the person is in violation of a condition of release.
If a person has completed treatment and remains subject to pretrial conditions of release, and tests positive for drugs or alcohol, upon motion of the person, the court shall again consider the person’s treatment needs. If the court determines that the person has a substance use disorder in need of treatment, the person shall be ordered to resume treatment with any health care providers licensed by the department of public health, as defined in section 1 of chapter 111, and the positive drug or alcohol test shall not be considered a violation of conditions of release.
SECTION 3. Section 58A of said chapter 276, as amended by sections 174 through 176 of chapter 69 of the acts of 2018, is hereby further amended by adding after subsection (8) the following subsection:-
(9) If after a hearing under subsection (4) pretrial release subject to conditions under subsection (2) is ordered, and if the person is ordered to refrain from the excessive use of alcohol or use of a narcotic drug or other controlled substance as a condition of release or if drug or alcohol testing is ordered as a condition of release, the judicial officer shall not order drug or alcohol testing to occur more than 4 times per month. Upon motion of the person, the judicial officer shall consider whether the person has a substance use disorder in need of treatment. If he or she determines that the person has a substance use disorder in need of treatment, the person shall be ordered to engage in such treatment in accordance with clause (x) of paragraph (B) of subsection (2) with any health care provider licensed by the department of public health, as defined in section 1 of chapter 111.
If a person is engaged in treatment, the person shall not be required to submit to any drug or alcohol testing that is not required by such treatment program, and any positive test result or any other indicator of relapse shall not be considered a violation of the person’s conditions of release. For the purposes of this section, a person shall be considered engaged in treatment if the person: (i) is attending a treatment program or regimen; (ii) switches treatment programs voluntarily or at the direction of a health care provider; (iii) is discharged from a treatment program and transitions into a new treatment program or regimen within a reasonable period of time or (iv) is on a waiting list for a treatment program or regimen. If a person is not engaged in treatment, absent extenuating circumstances and a showing that the person is earnestly attempting to comply with the court’s condition of release, the court may find that the person is in violation of a condition of release.
If a person has completed treatment and remains subject to pretrial conditions of release, and tests positive for drugs or alcohol, upon motion of the person, the court shall again consider the person’s treatment needs. If the court determines that the person has a substance use disorder in need of treatment, the person shall be ordered to resume treatment with any health care providers licensed by the department of public health, as defined in section 1 of chapter 111, and the positive drug or alcohol test shall not be considered a violation of conditions of release.
SECTION 4. Section 87A of said chapter 276, as amended by sections 180 through 182 of chapter 69 of the acts of 2018, is hereby further amended by inserting after the first paragraph the following paragraphs:-
If a person is ordered to refrain from the use of alcohol or a narcotic drug or other controlled substance as a condition of probation or if drug or alcohol testing is ordered as a condition of probation, the court shall not order drug or alcohol testing to occur more than 4 times per month. Upon motion of the person, the court shall consider whether the person has a substance use disorder in need of treatment. If the court determines that the person has a substance use disorder in need of treatment, the person shall be ordered to engage in such treatment with any health care provider licensed by the department of public health, as defined in section 1 of chapter 111.
If a person is engaged in treatment, the person shall not be required to submit to any drug or alcohol testing that is not required by such treatment program, and any positive test result or any other indicator of relapse shall not be considered a violation of the person’s conditions of probation. For the purposes of this section, a person shall be considered engaged in treatment if the person: (i) is attending a treatment program or regimen; (ii) switches treatment programs voluntarily or at the direction of a health care provider; (iii) is discharged from a treatment program and transitions into a new treatment program or regimen within a reasonable period of time; or (iv) is on a waiting list for a treatment program or regimen. If a person is not engaged in treatment, absent extenuating circumstances and a showing that the person is earnestly attempting to comply with the court’s condition of probation, the court may find that the person is in violation of a condition of probation.
If a person has completed treatment and remains subject to conditions of probation, and tests positive for drugs or alcohol, upon motion of the person, the court shall again consider the person’s treatment needs. If the court determines that the person has a substance use disorder in need of treatment, the person shall be ordered to resume treatment with any health care providers licensed by the department of public health, as defined in section 1 of chapter 111, and the positive drug or alcohol test shall not be considered a violation of conditions of probation.