SENATE DOCKET, NO. 1477        FILED ON: 1/17/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 937

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Cindy F. Friedman

_________________

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:

 

Cindy F. Friedman

Fourth Middlesex

 

Jack Patrick Lewis

7th Middlesex

1/23/2019

William N. Brownsberger

Second Suffolk and Middlesex

1/25/2019

Maria Duaime Robinson

6th Middlesex

1/28/2019

Thomas M. Stanley

9th Middlesex

1/28/2019

Kenneth I. Gordon

21st Middlesex

1/29/2019

Jason M. Lewis

Fifth Middlesex

1/29/2019

Michael J. Barrett

Third Middlesex

1/29/2019

Joseph A. Boncore

First Suffolk and Middlesex

1/30/2019

Mike Connolly

26th Middlesex

1/30/2019

Mary S. Keefe

15th Worcester

1/30/2019

Edward J. Kennedy

First Middlesex

1/30/2019

Sal N. DiDomenico

Middlesex and Suffolk

1/31/2019

Jennifer E. Benson

37th Middlesex

1/31/2019

Bruce E. Tarr

First Essex and Middlesex

1/31/2019

Michelle L. Ciccolo

15th Middlesex

1/31/2019

Patricia D. Jehlen

Second Middlesex

1/31/2019

Richard M. Haggerty

30th Middlesex

1/31/2019

John F. Keenan

Norfolk and Plymouth

2/1/2019

Sean Garballey

23rd Middlesex

2/1/2019

David Henry Argosky LeBoeuf

17th Worcester

2/1/2019

Julian Cyr

Cape and Islands

2/1/2019

Kay Khan

11th Middlesex

2/1/2019

Liz Miranda

5th Suffolk

2/1/2019

David M. Rogers

24th Middlesex

2/1/2019

Rebecca L. Rausch

Norfolk, Bristol and Middlesex

2/1/2019

Joanne M. Comerford

Hampshire, Franklin and Worcester

2/4/2019

James K. Hawkins

2nd Bristol

2/6/2019

James B. Eldridge

Middlesex and Worcester

2/8/2019

Joan B. Lovely

Second Essex

2/15/2019

Christopher Hendricks

11th Bristol

3/7/2019


SENATE DOCKET, NO. 1477        FILED ON: 1/17/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 937

By Ms. Friedman, a petition (accompanied by bill, Senate, No. 937) of Cindy F. Friedman, Jack Patrick Lewis, William N. Brownsberger, Maria Duaime Robinson and other members of the General Court for legislation relative to treatment, not imprisonment.  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 no longer engaged in treatment, 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 no longer engaged in treatment, 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 no longer engaged in treatment, 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 no longer engaged in treatment, 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.