Consolidated Amendment #H to H.3400

Consolidated Amendment "H" to H3400

Judiciary & Public Safety

Fiscal Note: $7,247,632

Amendment 41 has been re-categorized from Labor and Economic Development.

Amendments from the Judiciary: 45, 154, 185, 187, 225, 243, 274, 275, 277, 278, 306, 318, 325, 327, 331, 332, 346, 358, 374, 444, 459, 509, 527, 636, 654, 658, 668, 673, 680, 684, 687, 689, 690, 692, 695, 696, 698, 708, 723, 724, and 726.

Amendments from Public Safety: 36, 84, 88, 91, 114, 138, 140, 161, 166, 181, 197, 201, 208, 220, 245, 246, 256, 289, 291, 295, 296, 297, 302, 328, 334, 338, 342, 349, 352, 355, 356, 372, 383, 393, 395, 426, 434, 461, 473, 488, 503, 522, 530, 532, 543, 544, 550, 604, 606, 610, 617, 665, 682, 693, 694, 697, 703, and 710.

Mr. Dempsey of Haverhill and others move to amend H 3400 in section 2, in item 0337-0002, by inserting after the word “department”, the words “; provided that in fiscal year 2012 the department shall not reduce the amount allocated to the CASA programs as appearing in items 0337-0300, 0337-0400, 0337-0600, 0337-0700, 0337-0900 of section 2 of chapter 182 of the acts of 2008”.

And further amend the bill in section 2, by striking item 0330-0300, and inserting in place thereof the following:-

0330-0300For the central administration of the trial court, including costs associated with trial court non-employee services, trial court dental and vision health plan agreements, jury expenses, trial court law libraries, statewide telecommunications, private and municipal court rentals and leases, operation of courthouse facilities, rental of county court facilities, witness fees, printing expenses, equipment maintenance and repairs, the court interpreter program, insurance and chargeback costs, the Massachusetts sentencing commission, court security and judicial training; provided, that funds shall be expended on permanency mediation services; provided further , that the chief justice for administration and management shall submit a report to the house and senate committees on ways and means not later than February 2, 2012, detailing the number of court officers, per diem court officers and security personnel located in each trial court of the commonwealth; provided further, that the chief justice for administration and management may expend funds for guardian ad litem services; provided further, that not less than $20,000 shall be spent for the "Grandparents Raising Grandchildren Project" to provide legal services to such grandparents in the areas of family law and public benefits and further requiring the chief justice of administration and management to make a report to the Legislature no later than January 2012 of all the above grandparents who requested legal services, were eligible for legal services and were denied because of insufficient resources, including the legal problem for which they sought assistance; provided further, that notwithstanding any general or special law to the contrary, the chief justice for administration and management shall submit a report to the joint committee on the judiciary and the house and senate committees on ways and means 90 days prior to the temporary closure or temporary relocation of courthouses; provided further, that said report shall include, but not be limited to, the transfer of personnel, the reallocation of resources, the impact on other courthouses resulting from the temporary closure of said court and other factors that may affect implementation of said temporary closure; provided further, that 50 per cent of all fees payable pursuant to Massachusetts Rules of Criminal Procedure 15(d) and 30(c)(8) shall be paid from this item; provided further, that notwithstanding section 9A of chapter 30 of the General Laws, or any other general or special law to the contrary, the rights afforded to a veteran, pursuant to said section 9A of said chapter 30, shall also be afforded to any such veteran who holds a trial court office or position in the service of the commonwealth not classified under chapter 31 of the General Laws, other than an elective office, an appointive office for a fixed term or an office or position under section 7 of chapter 30, and who: (1) has held the office or position for not less than 1 year; and (2) has 30 years of total creditable service to the commonwealth, as defined in chapter 32 of the General Laws; provided further, that the trial court shall submit a report to the victim and witness assistance board detailing the amount of assessments imposed within each court by a justice or clerk-magistrate during the previous calendar year pursuant to section 8 of chapter 258B of the General Laws; provided further, that the report shall include, but not be limited to, the number of cases in which the assessment was reduced or waived by a judge or clerk-magistrate within the courts; and provided further, that the report shall be submitted to the victim and witness assistance board on or before January 9, 2012……………………..………………………………………….......$186,060,141

And further amend the bill, in section 2, by striking item 8000-0000 and inserting in place thereof the following item:-

8000-0000For the office of the secretary, including the administration of the committee on criminal justice and the highway safety bureau to provide matching funds for a federal planning and administration grant pursuant to 23 U.S.C. section 402 and the costs associated with the implementation of chapter 228 of the acts of 2000; provided, that the secretary shall, to the fullest extent consistent with the duties of the office, prioritize the development and implementation of a real-time data-sharing system between federal, state and municipal law enforcement to facilitate interdepartmental cooperation and assistance; and provided further, that the secretary may enter into an agreement with a state college or university to provide for the expansion of a comprehensive law enforcement and emergency response training program for local, state and federal criminal justice and homeland security professionals, subject to the receipt of federal matching funds…………………………………………………………………$1,905,427

And further amend the bill, in section 2, by striking item 8100-0000 and inserting in place thereof the following item:-

8100-0000For the administration and operation of the department of state police; provided, that the department shall expend funds from this item for the purpose of maximizing federal grants for the operation of a counter-terrorism unit and the payment of overtime for state police officers; provided further, that the department shall maintain the division of field services which shall include, but not be limited to, the bureau of metropolitan district operations; provided further, that not fewer than 40 officers may be provided to the department of conservation and recreation for the purpose of patrolling the watershed property of the department of conservation and recreation; provided further, that funds shall be expended from this item for the administration and operation of an automated fingerprint identification system and the motor carrier safety assistance program; provided further, that not fewer than 5 officers shall be provided to the disabled persons protection commission for the purpose of investigating cases of criminal abuse; provided further, that the department shall enter into an interagency agreement with the department of conservation and recreation to provide police coverage on department properties and parkways; provided further, that the creation of a new or the expansion of the existing statewide communications network shall include the office of law enforcement in the executive office of energy and environmental affairs at no cost to, or compensation from, that office; provided further, that there shall be a study submitted to the house and senate committees on ways and means not later than January 31, 2012, on traffic details worked by the department of state police, including troops A, B, C, D, E, F, and H, over the last year, which shall detail, on a monthly basis: the total number of hours worked on traffic details by state police officers, the total amount paid to state police officers for traffic details, the standard hourly rates for traffic details done by state police officers and the city or town in which traffic details are performed by state police officers; provided further, that funds may be expended for a new state police class; provided further, that not less than $1,000,000 shall be expended for the payroll costs of the state police directed patrols; provided further, that any community that was selected to receive earmarked funds for directed patrols in fiscal year 2008 shall receive 100 percent of the amount so earmarked in fiscal year 2012; and provided further, that the department may expend funds from this item for the administration of budgetary, procurement, fiscal, human resources, payroll and other administrative services of the office of the chief medical examiner, the municipal police training committee and the criminal history systems board……………………………………………………………..$227,725,459

And further amend the bill, in section 2, by inserting after item 8100-0101 the following item:-

8100-0111For a grant program to be known as the Senator Charles E. Shannon, Jr. Community Safety Initiative, to be administered by the executive office of public safety and security, to support regional, multidisciplinary approaches to combat gang violence through coordinated programs for prevention and intervention, coordinated law enforcement, including regional gang task forces and regional crime mapping strategies, focused prosecutions and reintegration strategies for ex-convicts; provided, that the secretary of public safety and security shall distribute grant funds through a competitive grant program that gives preference to applications that: (a) demonstrate high levels of youth violence, gang problems and substance abuse in a region; (b) demonstrate a commitment to regional, multijurisdictional strategies to deal with such community safety issues, including written commitments for municipalities, law enforcement agencies, community-based organizations and government agencies to work together; (c) clearly outline a comprehensive plan for municipalities to work with law enforcement, community-based organizations and government agencies to address gang activity; (d) make a written commitment to match grant funds with a 25 per cent match provided by either municipal or private contributions; and (e) identify a local governmental unit to serve as fiscal agent; provided further, that clusters of municipalities, in partnership with nonprofit organizations and other agencies, including district attorney’s offices, may apply for such funds; provided further, that such funds shall be considered one-time and grants awarded to public agencies and shall not annualize into fiscal year 2013 or subsequent years; provided further, that administrative costs for successful grant applications shall not exceed 3 per cent of the value of the grant; provided further, that no grants shall be awarded to the department of state police; provided further, that no grant funds shall be expended on food or beverages; provided further, that the executive office of public safety and security shall publish guidelines and an application for the competitive portion of the grant program not later than August 16, 2011; provided further, that awards shall be made to applicants not later than December 15, 2011; and provided further, that the executive office of public safety and security may expend not more than $100,000 of the sum appropriated in this item for its costs in administering the program…………….$3,000,000

And further amend the bill, in section 2, by striking item 8200-0200 and inserting in place thereof the following item:-

8200-0200For the operation of veteran, reserve, and in-service training programs conducted by the municipal police training committee; provided, that under no circumstances shall any expenditures authorized by this item be charged to item 8200-0222; provided further, that no less than $25,000 be provided for towns in Worcester County hosting municipal police training academies; and provided further, that no expenditures shall be made, on or after the effective date of this act, which would cause the commonwealth’s obligation for the purpose of this item to exceed the amount appropriated in this item.……………….$2,500,378

And further amend the bill, in section 2, by striking item 8311-1000 and inserting in place thereof the following item:-

8311-1000For the administration of the department of public safety, including the division of inspections, the board of building regulations and standards, and the architectural access board; provided, that the department may charge fees for permitting the operation of amusement devices and to support the department’s participation in the National Council for Amusement and Recreational Equipment Safety; provided further, that the department may charge fees for amusement operator certification; provided further, that the salaries of the commissioner and the deputy commissioner of the department of public safety shall be paid from this item; provided further, that a doctor’s certificate from another state shall be accepted as evidence of an eye examination; provided further, that the department shall employ not less than 42 full-time equivalent elevator inspectors, including an additional engineer inspector; provided further, that such additional engineer inspectors’ duties shall include, but not be limited to, administering pipefitter license examinations; provided further, that such an additional engineer inspector and elevator inspectors shall be regular state employees compensated from the AA object class of this item; provided further, that such additional engineer inspector position shall be in addition to any such positions added during fiscal year 1995; provided further, that the division shall develop reasonable rules or promulgate regulations for the granting of hardship fee exemptions to certain owners or persons in control of a building or domicile in which an elevator is operated; provided further, that the division shall report to the house and senate committees on ways and means on the elevator inspection backlog not later than October 3, 2011; provided further, that the division shall develop and maintain an electronic database that shall include, but not be limited to, the location and a categorical classification of buildings in which inspections are conducted; provided further, that the division shall inspect all elevators in the state house and the McCormack office building; and provided further, that the board of building regulations and standards shall expend funds from this item for the purpose of providing for the limited use of first-class mail to send Construction Supervisor License notifications to those who are unable to access notifications via e-mail……………………………………..$4,604,082

And further amend the bill, in section 2, by striking item 8324-0000 and inserting in place thereof the following item:-

8324-0000For the administration of the department of fire services, including the state fire marshal’s office, the hazardous materials emergency response program, the board of fire prevention regulations, under section 4 of chapter 22D of the General Laws, the expenses of the fire safety commission, and the Massachusetts firefighting academy, including the Massachusetts fire training council certification program, municipal and non-municipal fire training, and expenses of the council; provided, that the fire training program shall use the split days option; provided further, that the amount allocated for programs providing information about the fire risks caused by smoking, the regional dispatch center, critical incident stress intervention programs and fire department training academies listed in item 8324-0000 of section 2 of chapter 182 of the acts of 2008 shall be allocated to each program in fiscal year 2012; provided further, that the amount allocated for critical incident stress management residential services in item 8000-0000 of said section 2 of said chapter 182 shall be allocated to the program in fiscal year 2012; provided further, that the amount allocated for hazardous material response teams specifically listed in item 8324-0000 of said section 2 of said chapter 182 shall be allocated to each program in fiscal year 2012 and shall not be reduced by more than 57 per cent; provided further, that notwithstanding any general or special law to the contrary, 100 per cent of the amount appropriated in this item for the administration of the department of fire services, the state fire marshal’s office and the Massachusetts firefighting academy, shall be assessed upon insurance companies writing fire, homeowners multiple peril or commercial multiple peril policies on property situated in the commonwealth and paid within 30 days after receipt of notice of such assessment from the commissioner of insurance; provided further, that notwithstanding any general or special law to the contrary, 100 per cent of the amount appropriated in this item for the operation of the hazardous materials emergency response program shall be assessed upon insurance companies writing commercial multiple peril, non-liability portion, policies on property situated in the commonwealth and commercial auto liability policies as referenced in line 5.1 and line 19.4, respectively, in the most recent annual statement on file with the commissioner of insurance; and provided further, that not more than 10 per cent of the amount designated for the arson prevention program shall be expended for the administrative cost of the program……………………………….$16,644,000

And further amend the bill, in section 2, by striking item 8900-0001 and inserting in place thereof the following item:-

8900-0001For the operation of the commonwealth’s department of correction; provided, that before closing any correctional facility, the commissioner of corrections and the secretary of public safety and security shall report to the house and senate committees on ways and means and public safety and homeland security on the per-inmate cost of incarceration in the closing facility, and the per-inmate cost in the facilities to which inmates will be moved; provided further, the commissioner of corrections and the secretary of public safety and security shall report to the house and senate committees on ways and means and public safety and homeland security before January 1 of each year the point score compiled by the department of corrections objective classification system for all prisoners confined in each prison operated by the department; provided further, that the amount allocated for programs for incarcerated mothers in item 8900-0001 of section 2 of Chapter 131 of the Acts of 2010 shall be allocated to the program in fiscal year 2012; provided further, that the department shall report to the house and senate committees on ways and means on or before January 1, 2012 relative to the feasibility of the department to be consistent with 8900-0001 of section 2 of Chapter 61 of the Acts of 2007 relative to MCI-Cedar Junction; provided further, that the department shall expend not less than $500,000 for cities and towns hosting facilities; provided further, that the department of corrections shall expend funds for the operation of the Massachusetts Alcohol and Substance Abuse Center; and provided further, that in an effort to monitor and reduce current levels of over-classification, the department of correction shall provide quarterly reports to the joint committee on public safety and the house and senate committees on ways and means with data on the number of prisoners at each security level…………………………………………….$520,143,025

And further amend the bill, in section 2, in line item 8950-0001, by striking the figures “$16,275,514” and inserting in place thereof the figures “$16,986,537”.

And further amend the bill, in section 2, in line item 8910-8310, by striking the figures “$8,000,000” and inserting in place thereof the figures “$8,460,000”.

And further amend the bill, in section 2, in line item 8910-8610, by striking the figures “$1,200,000” and inserting in place thereof the figures “$2,500,000”.

And further amend the bill, in section 60, by inserting after the word “commonwealth”, in line 715, the following:- “ except in noncriminal or delinquency proceedings where such assignments or appointments shall not exceed 500 billable hours”.

And further amend the bill, in section 60, in line 797, by striking out the words “not less than”.

And further amend the bill, in section 60, by striking out, in line 813, the words “department of transitional assistance” and further amends said section by striking out, in lines 815-817, the sentence “The department of transitional assistance shall be authorized to deduct said fee in weekly or monthly increments from persons who have not paid said fee.”

And further amend the bill, in section 64, by striking out the figure “1500”, in line 899, and inserting in place thereof the figure “1650” and further amends said section by striking out the figure “1200”, in line 906, and inserting in place thereof the figure “1350”.

And further amend the bill by adding the following sections:

SECTION XX. Section 27C of chapter 261 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by adding the following subsection:-

(6) If the court makes a finding that the applicant could reasonably pay part of the normal fees and costs or extra fees and costs, the court may assess a reasonable partial payment towards said fees or costs and a date by which same is to be paid by the applicant. The court shall not order partial payment without first holding a hearing thereon, and if there is an appeal pursuant to section 27D following such an order, the court shall, within 3 days, set forth its written findings and reasons justifying the order of partial payment, which document shall be part of the record on appeal.

SECTION XX. Chapter 262 of the General Laws , as appearing in the 2008 Official Edition, is hereby amended by inserting at the end thereof the following section:-

Section 65. For all fees, fines, costs, assessments and other monies collected by any department of the trial court and payable to the commonwealth under this chapter, the trial court may accept payment by credit card.

SECTION XX. Section 128 of Chapter 27 of the Acts of 2009 is hereby amended by striking subsection (a) and inserting the following new subsection in place thereof:-

(a) Notwithstanding any general or special law to the contrary, any successor agreement to the current collective bargaining agreement for employees of the state police executed by the Commonwealth, acting by and through the secretary of administration and finance, and the State Police Association of Massachusetts shall not include benefits for any regular full-time member of the state police hired on or after July 1, 2009 pursuant to the career incentive pay program established pursuant to section 108L of chapter 41 of the General Laws. Nothing in this section shall preclude regular full-time members of the state police otherwise eligible for participation in the career incentive pay program established pursuant to said section 108L of said chapter 41 from participating in the program. Any new educational career incentive benefit agreed to by the State Police Association of Massachusetts and the Commonwealth for regular full-time members of the state police hired on or after July 1, 2009 shall be subject to appropriation.

SECTION XX. Notwithstanding clause (xxiii) of the third paragraph of section 9 of chapter 211B of the General Laws or any other general or special law to the contrary, the chief justice for administration and management may, from the effective date of this act through April 30, 2012, transfer funds from any item of appropriation within the trial court, except items 0339-1001 and 0339-1003, to any other item of appropriation within the trial court, except items 0339-1001 and 0339-1003. These transfers shall be made in accordance with schedules submitted to the house and senate committees on ways and means. The schedule shall include the following: (1) the amount of money transferred from any item of appropriation to another; (2) the reason for the necessity of the transfer; and (3) the date on which the transfer is to be completed. A transfer under this section shall not occur until 10 days after the revised funding schedules have been submitted in written form to the house and senate committees on ways and means.