Consolidated Amendment "J" to H4100
Judiciary and Public Safety
Fiscal Note: $27,943,433
Amendment 324 has been re-categorized as Legislation, Non-Budgetary.
Amendment 654 has been re-categorized to Public Health.
Amendments from the Judiciary and Public Safety: 8, 26, 30, 36, 46, 51, 57, 67, 73, 74, 75, 88, 89, 90, 92, 95, 99, 102, 105, 107, 119, 121, 125, 127, 134, 138, 180, 181, 188, 197, 199, 217, 219, 225, 236, 241, 255, 276, 280, 281, 282, 285, 287, 290, 297, 302, 312, 314, 326, 355, 362, 365, 368, 369, 409, 412, 415, 419, 422, 426, 428, 438, 441, 443, 444, 445, 446, 448, 449, 451, 457, 469, 477, 482, 485, 489, 492, 493, 500, 504, 505, 508, 520, 521, 531, 550, 558, 581, 590, 604, 612, 623, 624, 638, 648, 650, 655, 680, 699, 702, 733, 751, 752, 756, 758, 761, 762, 763, 765, 766, 772, 775, 819, 847, 851 and 852
Mr. Dempsey of Haverhill and others move to Amend H.4100 in section 2, in item 0321-1600, by striking out the figures “$11,000,000” and inserting in place thereof the figures “$12,000,000”.
And further amend the bill in section 2, in item 0321-2000, by striking out the figures “$781,177” and inserting in place thereof the figures “$806,177”.
And further amend the bill in section 2, in item 0321-2100, by striking out the figures “$902,016” and inserting in place thereof the figures “$981,810”.
And further amend the bill in section 2, in item 0330-0300, in line 12, by inserting after “commonwealth” the following: “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 2013 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” and in said line item by striking out the figures “$203,775,080” and inserting in place thereof the figures “$209,775,080”.
And further amend the bill in section 2, in item 0332-0100, in line 2, by striking out the following: “provided, that notwithstanding the provisions of any general or special law to the contrary, the district court of Chelsea shall be the permanent location for the northern trial session to handle 6 person jury cases; provided further, that all personnel within said district court whose duties related to said northern trial session shall report to the clerk magistrate of said district court; and provided further, that the clerk magistrate shall utilize whatever space within the facility-at-large he deems necessary to comply with S.J.C. Rule 3:12, Canon 3(A)6”; and in said item by striking out the figures “$55,552,336” and inserting in place thereof the figures “$54,442,152”.
And further amend the bill in section 2, in item 0335-0001, by adding the following: “provided further that the district court of Chelsea shall be known as ‘the Chelsea division of the Boston municipal court department held at Chelsea; Chelsea and Revere’;” and in said item by striking out the figures “$8,538,726” and inserting in place thereof the figures “$9,648,910”.
And further amend the bill in section 2, in item 0337-0002, by inserting after “department” the following: “provided that in fiscal year 2013 the department shall not reduce the amount allocated to the CASA programs as appearing in items 0337-0300, 0337-0400, 0337-0600, 0337-0700 of section 2 of chapter 182 of the acts of 2008 by more than 5 per cent”; and in said item by striking out the figures “$14,642,982” and inserting in place thereof the figures “$15,039,221”.
And further amend the bill in section 2, in item 0340-0100, by striking out the figures “$16,378,860” and inserting in place thereof the figures “$16,442,761”; and in item 0340-0200 by striking out the figures “$13,875,497” and inserting in place thereof the figures “$14,023,058”; and in item 0340-0300 by striking out the figures “$8,755,092” and inserting in place thereof the figures “$8,615,961”; and in item 0340-0400 by striking out the figures “$9,468,939” and inserting in place thereof the figures “$9,105,742”; and in item 0340-0500 by striking out the figures “$8,064,395” and inserting in place thereof the figures “$8,198,688”; and in item 0340-0600 by striking out the figures “$5,004,655” and inserting in place thereof the figures “$5,104,790”; and in item 0340-0700 by striking out the figures “$8,445,028” and inserting in place thereof the figures “$8,399,821”; and in item 0340-0800 by striking out the figures “$7,189,887” and inserting in place thereof the figures “$7,286,097”; and in item 0340-0900 by striking out the figures “$7,553,290” and inserting in place thereof the figures “$7,580,803”; and in item 0340-1000 by striking out the figures “$3,716,007” and inserting in place thereof the figures “$3,705,545”; and in item 0340-1100 by striking out the figures “$3,619,864” and inserting in place thereof the figures “$3,608,246”.
And further amend the bill in section 2, in line item 8000-0106, by inserting after the words “municipal police departments” the following: "; provided further, that $200,000 shall be used for the recording and processing for DNA samples pursuant to Chapter 22E of the General Laws”.
And further amend the bill in section 2, in line item 8000-0106, by striking out the figure “$15,074,646” and inserting in place thereof the figure: “$15,530,646”.
And further amend the bill is section 2 by striking out item 8000-0600 and inserting in place thereof the following item:
8000-0600 For the office of the secretary, including the administration of the office of grants and research and the highway safety division, to provide matching funds for a federal planning and administration grant pursuant to 23 U.S.C. section 402; provided, that local police departments, sheriff departments, the department of state police, the department of correction and other state agencies, authorities and educational institutions with law enforcement functions as determined by the secretary that receive funds for the cost of replacement of bulletproof vests through the office of the secretary may expend without further appropriation such funds to purchase additional vests in the fiscal year in which they receive the reimbursements; provided further, that the office of the secretary shall, in consultation with the Massachusetts sheriffs' association, develop a report on recidivism rates for all pretrial, county sentenced and state sentenced inmates utilizing data provided by the department of correction and sheriff departments; provided further, that funds under this item may be expended by office of the secretary to facilitate the sheriffs, in consultation with the Massachusetts sheriffs' association, in determining a standardized definition of recidivism for Massachusetts sheriffs and analyzing relevant data to provide above required recidivism reporting; provided further, that the department shall submit these reports to the executive office for administration and finance, the house and senate committees on ways and means and the joint committee on public safety on a quarterly basis starting October 1, 2012, due no later than 30 days after the last day of each quarter; and provided further, that the executive office of public safety and security shall conduct a study in collaboration with the department of mental health on the potential benefits and viability of a Jail Diversion Community Safety Initiative that promotes programs focused on mental health treatment for persons facing arrest; provided further, that said initiative would focus on (a) support for regional, multidisciplinary approaches to promote access to mental health treatment rather than arrest or jail, (b) provide resources to communities to develop programs for prevention and intervention and technical assistance and information to support local planning and training efforts; provided further, the executive office of public safety and security shall submit said report to the house and senate committees on ways and means no later than January 15, 2013; provided further, that not less than $50,000 shall be expended for public safety improvements in the town of Braintree; and provided further, that $75,000 shall be expended for the commission created in section 189 of Chapter 68 of the Acts of 2011 ……….$2,212,797
And further amend the bill in section 2, in line item 8100-0111, by striking out the figure “$2,000,000” and inserting in place thereof the figure: “$5,500,000”.
And further amend the bill in section 2, in line item 8100-0111, by inserting after the words “December 15,2012” the following: ";provided further, funds from this item shall not be used for police or law-enforcement overtime pay; provided further, that the Executive Office of Public Safety and Security must submit a report that details the distribution of grant funds to the executive office for administration and finance and the house and senate committees on ways and means within 60 days of the distribution of said funds”.
And further amend the bill in section 2, in line item 8100-1001, by inserting after “performed by state police officers” the following: “; 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 subject to appropriation communities receiving funds for directed patrols in fiscal year 2008 shall receive an equal disbursement of funds in proportion to the current appropriation in fiscal year 2013; provided further, that the Town of Randolph shall receive no less than $50,000 for the payroll costs of the state police directed patrols; provided further, that the Town of Milton shall receive no less than $50,000 for the payroll costs of the state police directed patrols”.
And further amend the bill in section 2, in line item 8100-1001, by striking out the figure “$243,119,033” and inserting in place thereof the figure: “$244,119,033”.
And further amend the bill in section 2, in line item 8200-0200, by inserting after “charged to item 8200-0222” the following: “; provided further, towns in Worcester County hosting municipal police training academies shall not receive less than the amount appropriated in section 2 of chapter 68 of the acts of 2011; provided further, in fiscal year 2013 no less than $20,000 shall be provided for the manufacture and presentation of medals of recognition for Korean War Veterans“.
And further amend the bill in section 2, in line item 8200-0200, by striking out the figure “$2,500,378” and inserting in place thereof the figure: “$2,520,378”.
And further amend the bill in section 2, in line 8311-1000, by inserting after “whichever is greater” the following: “; 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”.
And further amend the bill in section 2, in line item 8324-0000, by inserting after “the split day option” the following: ";provided further, that the amount allocated for the regional dispatch center listed in item 8234-0000 of section 2 of chapter 182 of the acts of 2008 shall be allocated in fiscal year 2013; provided further, that $1,296,000 shall be provided for the Commonwealth's Hazardous Material Response Teams; provided further, that $1,200,000 shall be allocated by the department for the Student Awareness Fire Education program; provided further, that $75,000 shall be allocated by the department for Critical Incident Stress Management program; provided further, $100,000 shall be allocated by the department for the Gardner On-Site Critical Incident Stress Management Residential Services".
And further amend the bill in section 2, in line item 8324-0000, by striking out the figure “13,218,884” and inserting in place thereof the figure: “$15,989,884”.
And further amend the bill is section 2 by striking out item 8900-0001 and inserting in place thereof the following item:
“8900-0001 For the operation of the commonwealth’s department of correction; provided, that all correctional facilities that were active in fiscal year 2012 shall remain open in fiscal year 2013; provided further, the commissioner of correction and the secretary of public safety and security shall report to the house and senate committees on ways and means and the joint committee on public safety and homeland security before January 1 of each year on the point score compiled by the department of correction’s objective classification system for all prisoners confined in each prison operated by the department; provided further, that the amount allocated to the municipality housing MCI-Cedar Junction shall be not less than the amount allocated in 8900-0001 of section 2 of chapter 61 of the acts of 2007 relative to MCI-Cedar Junction; 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 2013; provided further, that the department shall expend not less than $1,000,000 for cities and towns hosting department of corrections facilities; provided further, the department of correction may expend $412,000 for the operation of the Western Massachusetts Regional Women's Correctional Center; provided further that the department of correction may expend $412,000 to transfer male inmates with less than 2 years left on their sentence to the Hampden Sheriff's Department; provided further, that the amount allocated for the Dismas House in Worcester in item 8900-0001 of section 2 of chapter 182 of the acts of 2008 shall be allocated to the program in fiscal year 2013; and provided further, that this item shall pay for the operation of the Massachusetts Alcohol and Substance Abuse Center…..$545,951,881”.
And further amend the bill in section 2 by inserting after item 8910-0188 the following item:
"8910-0288 For the Franklin Sheriff's office, which may expend for the operation of the office an amount not to exceed $350,000 from revenues received from federal reimbursements for transportation of federal detainees; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system…….$350,000”.
And further amend the bill in section 2, in line item 8910-1000, by striking out the figure “$2,251,900” and inserting in place thereof the figure: “$2,388,300”.
And further amend the bill in section 2 by inserting after item 8910-1112 the following item:
8910-1127 For the Hampshire Sheriff's office, which may expend for the operation of the office an amount not to exceed $250,000 from revenues received from federal inmate reimbursements; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system…….$250,000.
And further amend the bill in section 2, in line item 8910-8610, by striking out the figure “$1,116,000” and inserting in place thereof the figure: “$2,500,000”.
And further amend the bill in section 2, in line item 8950-0001, by striking out the figure “$17,197,436” and inserting in place thereof the figure: “$17,497,436”.
And further amend the bill by adding the following sections:
SECTION XX. Chapter 18A of the General Laws is hereby amended by adding the following section:-
Section 10. Whenever a caseworker or other employee of the department of youth services charged with the care, custody or supervision of a youthful or juvenile offender, any volunteer or employee of a contractor of the department of youth services charged with the care, custody or supervision or any duly authorized employee of the department of youth services engaged in the transportation of a youthful or juvenile offender for any lawful purpose the department of youth services of the commonwealth notifies their immediate supervisor that an assault on said employee has been committed by a juvenile or youthful offender in the care and custody of the department of youth services, the department of youth services shall forthwith notify the nearest state police unit and the district attorney for the county in which such assault occurred. Upon notification the department shall immediately provide said district attorney and state police official with any and all documentation pertaining to said assault including but not limited to video and audio recordings, written reports and any other evidence in the possession of the department of youth services
SECTION XX. Chapter 37 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting the following section:-
Section 26. The sheriff shall issue to every full-time deputy employed by the sheriff an identification card bearing the deputy’s photograph and identifying information. The secretary of public safety and security may adopt regulations relative to the form, content and issuance of identification cards and to the carrying thereof by deputies.
SECTION XX. Section 38B of chapter 127 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the words “house of correction”, in line 5, the following words:- trial court detention facility
SECTION XX. Said section 38B of said chapter 127 of the General Laws, as so appearing, is hereby further amended by inserting after the words “house of correction”, in line 15, the following words:- trial court detention facility
SECTION XX. Section 1 of chapter 218 of the General Laws, as so appearing, is hereby amended by striking out, in line 231, the words “The district court of Chelsea, held at Chelsea; Chelsea, and Revere” and inserting in place thereof the following words:- The Chelsea division of the Boston municipal court department, held at Chelsea; Chelsea and Revere
SECTION XX. Section 108 of chapter 231 of the General Laws, as so appearing, is hereby amended by striking out, in lines 18 to 19, the words “district court of Chelsea” and inserting in place thereof the following words:- the Chelsea division of the Boston municipal court department
SECTION XX. Section 3 of chapter 258B of the General Laws, as so appearing, is hereby amended by inserting after paragraph (v) the following paragraph:-
(w) Where the victim or witness is an employee of the department of youth services, no law enforcement agency, prosecutor, defense counsel, or parole, probation or corrections official may disclose or state the residential address, telephone number, or place of employment or school of the victim, a victim's family member, or a witness, except as otherwise ordered by the court. The court may enter such other orders or conditions to maintain limited disclosure of the information as it deems appropriate to protect the privacy and safety of victims, victims' family members and witnesses.
SECTION XX. Section 189 of chapter 68 of the acts of 2011 is hereby amended by striking out the words “March 31, 2012” and inserting in place thereof the following words:- March 31, 2013.
SECTION XX. The Quincy district courthouse in the city of Quincy shall be designated and known as the Francis X. Bellotti Courthouse. The division of capital asset management and maintenance shall erect and maintain suitable markers bearing the designation in compliance with the standards of the division.
SECTION XX. Notwithstanding any general or special law to the contrary, the department of fire services is hereby authorized and directed to establish rules and regulations for the safety and flammability of schools buses in the commonwealth. Such rules and regulations shall, at a minimum, address the flammability of plastic components contained in the engine compartment and occupant seating.
In developing said rules and regulations relative to the flammability of plastic components contained in the engine compartment, the department shall ensure that such rules and regulations: (i) conform with the standards set forth in Underwriters Laboratories incorporated standard 94, standard for safety of flammability of plastic materials for parts in devices and appliances testing, so-called, as that standard may be modified from time to time, and (ii) include a requirement that the plastic components contained in an engine compartment must meet a V-0 classification in the standards.
In developing said rules and regulations relative to the flammability of occupant seating, the department shall ensure that any such rules and regulations conform to either of the following: (i) the standard adopted by ASTM international designated as ASTM E2574 - standard test method for fire testing of schools bus seat assemblies, using pass-or-fail criteria established in section X3, as the standard may be modified from time to time, or (ii) standards adopted by the national congress on school transportation in the school bus seat upholstery fire block test, as those standards may be modified from time to time, that are established in the national school transportation specifications and procedures.
The department shall implement rules and regulations on or before January 1, 2014 to ensure no person, school board, municipality, or government entity shall contract for school bus transportation services or purchase a new school bus that is not in compliance with the provision of this section.
SECTION XX. Notwithstanding any general or special law to the contrary, the executive office of public safety and security shall provide an analysis detailing the costs of collecting DNA evidence during felony arrests. The report shall be filed with the clerks of the senate and house of representatives no later than January 1, 2013.