HOUSE DOCKET, NO. 1334        FILED ON: 1/14/2025

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

The Commonwealth of Massachusetts

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PRESENTED BY:

Bradley H. Jones, Jr.

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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 removing state funded counsel for sex offender classification hearings.

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PETITION OF:

HOUSE DOCKET, NO. 1334        FILED ON: 1/14/2025

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

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1678 OF 2021-2022.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Fourth General Court
(2025-2026)

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An Act removing state funded counsel for sex offender classification hearings.

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 178L of chapter 6 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking in paragraph (a), in lines 26 through 28, inclusive, the words, “his right to retain counsel to represent him at such hearing and his right to have counsel appointed for him if he is found to be indigent as determined by the board using the standards under chapter 211D; provided, however, that such indigent offender may also apply for and the board may grant payment of fees for an expert witness in any case where the board in its classification proceeding intends to rely on the testimony or report of an expert witness prepared specifically for the purposes of the classification proceeding.”, and  inserting in place thereof the words:  “and his right to retain counsel to represent him at such hearing.”

SECTION 2. Section 178L of chapter 6 of the General Laws, as so appearing, is hereby amended by striking in paragraph (c), in lines 65 through 73, inclusive, the words, “his right to retain counsel to represent him at such hearing and his right to have counsel appointed for him if he is found to be indigent as determined by the board using the standards under chapter 211D; provided, however, that such indigent offender may also apply for and the board may grant payment of fees for an expert witness in any case where the board in its classification proceeding intends to rely on the testimony or report of an expert witness prepared specifically for the purposes of the classification proceeding.”, and inserting in place thereof the words:- “and his right to retain counsel to represent him at such hearing.”

SECTION 3. Section 178L of chapter 6 of the General Laws, as so appearing, is hereby amended by striking in subsection (2), in lines 84 through 87, inclusive, the sentence “The board shall inform offenders requesting a hearing under the provisions of subsection (1) of their right to have counsel appointed if a sex offender is deemed to be indigent as determined by the board using the standards under chapter 211D.”

SECTION 4. Section 178M of chapter 6, as so appearing in the 2022 Official Edition, is hereby amended by striking the following, “The court shall, if requested, appoint counsel to represent the sex offender in the proceedings if such sex offender is deemed indigent in accordance with section 2 of chapter 211D.”