HOUSE DOCKET, NO. 5204        FILED ON: 7/24/2020

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Alyson M. Sullivan

_________________

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 public safety, improving court security efficiency and the reduction of prisoner transportation costs.

_______________

PETITION OF:

HOUSE DOCKET, NO. 5204        FILED ON: 7/24/2020

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

An Act relative to public safety, improving court security efficiency and the reduction of prisoner transportation costs.

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

1.  Court appearances conducted by closed circuit television, video conference or telephonic conference call.

A.  Notwithstanding the provisions of any other law or rule, whenever the appearance in person in court, in either a civil or criminal proceeding is required of anyone held in a place of confinement operated by the state or any of its political subdivisions, including counties and municipalities, all such personal court appearances, except for trials or contested evidentiary proceedings where witnesses will testify, must be made by two way audio visual communication, closed circuit television, video conference or telephonic conference call Including:

           1. The initial appearance or arraignment on an arrest, a criminal

              complaint or indictment or where bail is set, bail review, warrant or default removal or dangerousness hearing conducted.

          2.  Emergency abuse prevention orders and initial hearing after notice

                (G.L. c. 209A

          3.  Emergency harassment prevention orders and initial hearing after notice.

               (G.I. c.258E)

          4.  Emergency extreme risk protection orders and initial hearing after notice.

               (G.L. c. 140,  131R-131Y

          5.  Probation violations

          6.  Mental Health commitment hearings or evaluations, pursuant to G.L. c.123

          7.  Mental Health orders pursuant to G.L. c.123, 18 (a)

          8.  Search Warrants

          9.  Pre-Trial Conferences

         10.  Discovery Compliance/Jury Election

         11.  Status Hearings

         12.  Pre-Trial Motions

         13.  Probable cause dates, Trial Assignments, Continuances and speedy trial

                requests

         14.  Post-Conviction Proceedings, including Motions for a new trial,

             Motions to revise and revoke, Sentence Appeals.

       15.  Parole Hearings, Probation Hearings, Sexual Dangerousness Hearings,

              Sex Offender Registry Board Hearings,

B. The above list does not preclude or restrict Judicial discretion to allow video conferencing in other Non –Evidentiary Court events.

C.  The audio visual communication facilities must provide two-way audio visual communication between the court and the place of confinement and must provide a secure line over which the person in custody may communicate with his or her counsel, if any.

D.  Except as otherwise provided by law, the public must have access that allows them to view and hear the proceedings in the court room.

E.  The audio visual proceedings conducted under this Section shall be recorded by the court which will constitute the official record of the proceedings. A video tape copy of the Hearing may also be made and retained by the court.

F.  Nothing in this section shall be construed to prohibit other Court appearances through the use of two-way audio visual communication with the consent of the parties and court.

G.  Nothing in this section shall be construed to establish the right of any person held in custody or confinement to appear in court through video conferencing.

H.  The Sheriffs and the Department of Correction shall file a report annually to the Secretary of Public Safety, as to the total number of court, Parole Board, Sex Offender Registry Board, Video Conferences, and transports.

2. Regional Detention Centers

       A. In order to expedite the Pre-arraignment process and reduce the time of incarceration through video conferencing, as well as the implementation of comprehensive interventions that divert as many detainees as possible from Pre-trial incarceration to local Pre-trial intervention and Parole supervisory programs, as well as for the safety and security of the public and detainees, to provide adequate facilities and staffing for alcohol and/or drug withdrawal, suicide watch medical treatment, mental health treatment, visiting, meals preparation, day rooms and other support services, there shall be established in the existing facilities of the several Sheriffs’ Offices of the Commonwealth, regional detention centers and the entire pre-arraignment – video arraignment process shall be supervised by the Sheriffs.

     B.  Notwithstanding the provisions of any other law or rule, whenever a person is arrested or detained for any reason, such person shall be transported to a regional detention center so designated by the Sheriff of that county.

     C. The provisions of MGL Chapter 40 Sections 34, 35, 36, a,b,c and 37 are hereby stricken/repealed effective December 31, 2021. Any existing state, district, city or town lockup shall be closed, effective December 31, 2021, unless the Secretary of Public Safety extends the time for good cause.

    D. Police Officers who are transporting a detainee to a regional detention center shall, during transport, have the full authority and jurisdiction of any police officer through any city, town or county. The Sheriffs regional detention center and deputy sheriffs of the county where the regional detention facility is located shall have the same authority, jurisdiction, and duty as a police office to detain, book, hold, and transport a pre-arraignment detainee or any other detainee to or from the regional detention center.