Budget Amendment ID: FY2012-S3-78
JUD 78
Commission on Judicial Conduct
Ms. Chandler moved that the proposed new text be amended in section 2, in item 0321-0001, by striking out the figure “$512,657" and inserting in place thereof the following figure: “$575,359.”
Budget Amendment ID: FY2012-S3-80
JUD 80
Berkshire DA Moving Costs
Mr. Downing moved that the proposed new text be amended in section 2, by inserting after item 0340-1101 the following item:
"0340-1102 For costs associated with moving the Berkshire District Attorney’s office.................................................... $215,740"
Budget Amendment ID: FY2012-S3-81
JUD 81
Appeals Court
Mr. Rodrigues moved that the proposed new text be amended in section 2, in item 0322-0100, by striking the figures "10,430,108" and inserting in place thereof the following figures:- "10,501,429".
Budget Amendment ID: FY2012-S3-83
JUD 83
CORI REFORM (Convictions Notice on Job Applications)
Messrs. Tarr and Knapik moved that the proposed new text be amended by inserting, after Section __, the following new Section:-
“Section __. Section 101 of Chapter 256 of the Acts of 2010 is hereby repealed.”
Budget Amendment ID: FY2012-S3-84
JUD 84
District Attorneys Association
Messrs. Timilty, Downing and Kennedy moved that the proposed new text be amended in section 2, by striking item 0340-2100 and inserting in place thereof the following new items:
0340-2100……..For the operation of the Massachusetts District Attorneys Association, including the implementation and related expenses of the district attorneys’ office automation and case management and tracking system; provided, that expenses associated with the system may be charged directly to this item; provided further, that the department shall work in conjunction with the disabled persons protection commission and the 11 district attorneys’ offices to prepare a report that shall include, but not be limited to, the following: (a) the number of abuse cases that are referred to each district attorney office for further investigation; (b) the number of said referrals resulting in the filing of criminal charges, delineated by type of charge; (c) the number of cases referred to each district attorneys office that remain open as of the date for submission of said report; and (d) the number of cases resulting in a criminal prosecution, and the disposition of each such prosecution; provided further, that said report shall be submitted to the house and senate committees on ways and means on or before March 12, 2012; 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; provided further, that the association shall work in conjunction with the 11 district attorneys’ offices to prepare and submit a report to the house and senate committees on ways and means not later than February 28, 2012, summarizing the number and types of criminal cases managed or prosecuted by all district attorneys’ offices in calendar year 2011 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of the courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) summary of dispositions or statuses thereof; provided further, that the association shall work in conjunction with the 11 district attorneys’ offices to prepare and submit a report to the house and senate committees on ways and means not later than February 28, 2012, detailing all district attorney offices’ use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) amount of the funds deposited into an office’s special law enforcement trust fund in fiscal years 2009, 2010 and 2011; (b) how the funds were used in those fiscal years; and (c) balance of the trust fund as of January 2, 2012; provided further, that the department shall work together with the 11 district attorneys’ offices to submit a report to the house and senate committees on ways and means not later than January 30, 2012, detailing the total number and use of private attorneys participating in any volunteer prosecutor program; and provided further, that the report shall include, but not be limited to, the following: (a) the total number of personnel from private law firms participating in the program at each of the 11 district attorneys’ offices; (b) the name and address of the law firms; (c) the duties performed by the personnel; and (d) the benefits and cost savings associated with the program....…..$1,660,006
0340-2117……….For the retention of assistant district attorneys with more than 3 years of experience; provided, that the Massachusetts District Attorneys Association shall transfer funds to the AA object class in each of the 11 district attorney offices in the commonwealth; provided further, that the association shall develop a formula for distribution of the funds; provided further, that funds distributed from this item to the district attorneys’ offices shall be used for retention purposes and shall not be transferred out of the AA object class; provided further, that not more than $100,000 shall be distributed to any 1 district attorney’s office; provided further that not less than 60 days prior to the distribution of funds the District Attorneys Association shall notify the house and senate committees on ways and means detailing: (a) the methodology used to determine the amount to be dispersed; (b) the amount to be given to each district attorney’s office; (c) the reasoning behind the distribution; and (d) the number of assistant district attorneys from each office who would receive funds from this item; and provided further, that no funds shall be expended on the administrative costs of the association…………………..$500,000
And by striking item 0340-8908 and inserting in place thereof the following new item:
0340-8908………For the costs associated with maintaining the Massachusetts District Attorneys Association’s wide area network ……………….$1,317,090
Budget Amendment ID: FY2012-S3-85
JUD 85
Domestic Violence Emergency Shelter Fund
Mr. Timilty moved that the proposed new text be amended by inserting the following new Section:-
SECTION X. Section 1. Said chapter 29 of the General Laws is hereby further amended by inserting after section 2BBBB the following section:-
Section 2DDDD. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Domestic Violence Emergency Shelter Fund. Amounts credited to such fund shall be used for the reimbursement of state and municipal police departments for the costs associated with the emergency placement of victims of domestic violence. $50 of each assessment imposed under section 10 of chapter 209A and transmitted to the treasurer shall be deposited into the fund. The funds shall be utilized for the sole purpose of emergency placement for victims of domestic violence or abuse as defined in section 1 of chapter 209A.
Section 2. Section 10 of Chapter 209A is hereby amended by striking out the words “three hundred and fifty dollars” and inserting in place thereof the following figure:- "$400".
Budget Amendment ID: FY2012-S3-86
JUD 86
Trial Court Reserve
Ms. Creem and Ms. Spilka moved that the proposed new text be amended in section 2, by inserting after item 0330-3334 the following item:-
0330-3337. For additional expenses associated with the operation of the trial court; provided, that a schedule detailing all transfers shall be submitted to the house and senate committees on ways and means not later than January 31, 2012.............$9,300,000
Budget Amendment ID: FY2012-S3-87
JUD 87
Probation Operations
Ms. Creem moved that the proposed new text be amended in section 2, in item 0339-1001, by striking out the figure “$108,153,535” at the end thereof and inserting in place thereof the following figure:- “$116,153,535”.
Budget Amendment ID: FY2012-S3-88
JUD 88
SAFEPLAN Program
Ms. Chandler, Messrs. Knapik, Downing and McGee moved that the proposed new text be amended in section 2, in item 0840-0101, by striking out the figure “$741,199” and inserting in place thereof the figure “$772,500.”
Budget Amendment ID: FY2012-S3-89
JUD 89
MLAC-Mass Legal Assistance Corp.
Ms. Creem, Ms. Chang-Diaz, Ms. Jehlen, Mr. Kennedy, Ms. Clark, Messrs. DiDomenico, Eldridge, Petruccelli and Rodrigues, Ms. Spilka, Messrs. Michael O. Moore and Keenan, Ms. Fargo and Mr. McGee moved that the proposed new text be amended in section 2, in item 0321-1600, by striking out the figure "$8,750,000" and inserting in place thereof the following figure:- "$9,500,000"
Budget Amendment ID: FY2012-S3-90-R3
3rd Redraft JUD 90
MLAC Special Projects Language
Ms. Creem and Mr. McGee moved that the proposed new text be amended in section 2, in item 0321-1600, by striking out the wording and inserting in place thereof the following wording:-
“For the Massachusetts Legal Assistance Corporation to provide legal representation for indigent or otherwise disadvantaged residents of the commonwealth; provided, that the corporation shall submit a report to the house and senate committees on ways and means not later than January 30, 2012 that shall include, but not be limited to, the following: (a) the number of persons whom the programs funded by the corporation assisted in the prior fiscal year; (b) any proposed expansion of legal services delineated by type of service, target population and cost; and (c) the total number of indigent or otherwise disadvantaged residents of the commonwealth who received services of the corporation, by type of case and geographic location; provided further, that the corporation may contract with any organization for the purpose of providing the representation; and provided further, that notwithstanding the first paragraph of section 9 of chapter 221A of the General Laws, funds shall be expended for the Disability Benefits Project, the Medicare Advocacy Project, and the Battered Women‘s Legal Assistance Project"
Budget Amendment ID: FY2012-S3-92
JUD 92
CASA
Ms. Candaras, Mr. Finegold, Ms. Flanagan, Messrs. Welch, Rosenberg, Baddour and Eldridge, Ms. Chandler, Messrs. Michael O. Moore and Knapik moved that the proposed new text be amended in section 2, in item 0337-0002, Ms. Candaras moved that the bill be amended, in section 2, in item 0337-0002, by inserting after the word "department", the following:- ";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".
Budget Amendment ID: FY2012-S3-93
JUD 93
Appellate Division
Mr. Petruccelli moved that the proposed new text be amended by inserting, after Section , the following new Section:-
“SECTION . Section 28D of Chapter 278, as amended by Section 31 of Chapter 61 of the Acts of 2007 is hereby amended by inserting the following:-
Section 28D. The first assistant clerk and the second assistant clerk of the appellate division shall receive from the commonwealth as salary an amount equal to ten per cent of and in addition to the salaries established and paid to them as first assistant clerk and second assistant clerk respectively of the superior court for criminal business in the county of Suffolk.
An employee of the office of the clerk of the superior court for criminal business in the county of Suffolk shall be designated by the clerk as a clerical assistant in matters pertaining to the business of the appellate division. The clerical assistant, so designated, shall receive from the commonwealth as salary an amount equal to ten per cent of, and in addition to, the salary established and paid to said employee in the position held by said employee in the office of the clerk.”
Budget Amendment ID: FY2012-S3-94-R1
Redraft JUD 94
Treatment to Reduce Recidivism
Mr. Tolman moved that the proposed new text be amended by inserting after section 145 the following new section:-
“SECTION 145A. Notwithstanding any general or special law to the contrary, the department of public health shall, in collaboration with the department of correction and the Massachusetts Sheriffs’ Association, investigate and make recommendations regarding the use of a FDA-approved, non-narcotic, opioid antagonist therapy for opioid-dependent offenders leaving correctional facilities and transitioning to community based treatment programs. The department shall report its recommendations to the joint committee on mental health and substance abuse and the house and senate committees on ways and means not later than January 2, 2012.
If the department determines that use of a FDA-approved, non-narcotic, opioid antagonist therapy for opioid-dependent offenders leaving correctional facilities and transitioning to community based treatment programs is likely to be effective in improving treatment outcomes and reducing recidivism, the department may enter into pilot programs to provide voluntary treatment for opioid-dependent offenders with select sheriff’s offices that choose to participate.”
Budget Amendment ID: FY2012-S3-95
JUD 95
Permanency Mediation
Mr. Rosenberg and Ms. Creem and Mr. McGee moved that the proposed new text be amended in section 2, in item 0330-0300, by striking the words “permanency mediation” and inserting in place thereof “provided that funds shall be expended on permanency mediation services”
Budget Amendment ID: FY2012-S3-97
JUD 97
Victim Compensation
Ms. Clark and Messrs. Michael O. Moore and Montigny and Ms. Creem and Mr. McGee moved that the proposed new text be amended in section 2, in item 0810-0004, by striking out the figure “$2,088,340” and inserting in place thereof the following figure:- “$2,188,340”.
Budget Amendment ID: FY2012-S3-98
JUD 98
State Police Directed Patrols
Mr. McGee moved that the proposed new text be amended in section 2, in item 8100-0000, by adding the following:- "provided further, that not less than $2,710,146 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."
Budget Amendment ID: FY2012-S3-99
JUD 99
Special Commission on Determining the Economic Impact
Ms. Candaras and Ms. Fargo and Messrs. Kennedy and Donnelly and Ms. Spilka and Ms. Jehlen and Mr. Knapik and Ms. Flanagan and Ms. Donoghue and Mr. Pacheco moved that the proposed new text be amended Ms. Candaras moved that the bill be amended by inserting, after Section ______, the following new Section:-
SECTION____. There shall be established a commission to study the economic impact on the business communities of the commonwealth by any proposal to change the existing percentage of private attorneys and public salaried staff utilized by CPCS to deliver constitutionally mandated legal services.
The commission shall be composed of nine persons, two of whom shall be appointed by the governor, one of whom shall be appointed by the senate president, and one of whom shall appointed by the speaker of the house of representatives. The remaining members shall be appointed as follows one member shall be a representative of local government appointed by the Massachusetts Municipal Association, one member shall be a representative appointed by the Massachusetts Bar Association, one member shall be a representative appointed by the Massachusetts Association of Court Appointed Attorneys, one member shall be the chief counsel of the Committee for Public Counsel Services, and one member shall be a faculty member of the University of Massachusetts with an expertise in economic development to be selected by the president of said university.
Said commission shall take into consideration the effect any such proposal will have on business districts within each county, and the fiscal health and stabilization of said business districts, if private firms providing these services were no longer utilized. Said commission shall also review vacancy rates, and loss of revenues to other non-legal businesses.
The commission shall report its findings to the clerks of the House of Representatives and senate, the house committees on ways and means, the joint committee on revenue, the joint committee on municipalities and regional government, and the joint committee on the judiciary no later than May 1, 2012.
Budget Amendment ID: FY2012-S3-100
JUD 100
Probate Court fees and costs
Ms. Candaras moved that the proposed new text be amended Ms. Candaras moved that the bill be amended by inserting after Section ______, the following new Section:-
"SECTION____. 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."
Budget Amendment ID: FY2012-S3-101-R1
Redraft JUD 101
CPCS EFFICIENCY ENHANCEMENTS
Messrs. Tarr, Hedlund, Knapik, Ross and Pacheco moved that the proposed new text be amended in section 2, in item 0321-1500, by inserting after the word “advocates”, in line 8, the following words:- “; provided further, that the committee shall develop and promulgate a schedule of rates of compensation for services conducted by private investigators and shall submit the schedule to the clerks of the house of representatives and senate not later than September 30, 2011”;
And in section 79, by striking out, in lines 115, 117, 118 and 119, the figure “$150” and inserting in place thereof, in each instance, the following figure:- “$200”;
And in said section 79, by inserting after the word “information.”, in line 160, the following sentence:- “A copy of the memorandum of understanding shall be submitted to the clerks of the house of representatives and the senate not later than October 31, 2011.”
Budget Amendment ID: FY2012-S3-102-R2
2nd Redraft JUD 102
Study on Costs of Indigent Counsel
Ms. Creem and Mr. Joyce and Ms. Spilka and Messrs. Welch, Kennedy, Keenan and Knapik and Ms. Fargo and Messrs. DiDomenico and Pacheco and Ms. Donoghue moved that the proposed new text be amended by striking out 0321-1500 and inserting in place thereof the following item:-
"0321-1500 For the operation of the committee for public counsel services, as authorized by chapter 211D of the General Laws; provided, that the committee shall begin the process of moving toward a system in which no less than 30 per cent of indigent defendants are represented by public defenders by the end of fiscal year 2012; provided further, that the committee shall provide a report to the legislature, not later than October 3, 2011, detailing an implementation plan for meeting the requirements of the previous proviso that shall include, but not be limited to, the following: (a) the expected surplus or deficiency for fiscal year 2012 of items 0321-1500 and 0321-1510; (b) the current and projected number of public defenders and private bar advocates assigned to each court house; and (c) any perceived impediments to implementing this plan by the end of fiscal year 2012 and possible solutions to such impediments; provided further, that in hiring new public defenders, priority shall be given to current private bar advocates; provided further, that the committee shall submit a report to the clerks of the house of representatives and senate, the joint committee on the judiciary and the house and senate committees on ways and means, not later than January 30, 2012, that shall include, but not be limited to, the following: (a) the number of clients assisted by the committee in the prior fiscal year, delineated by public defender and private bar advocate representation, and further delineated by type of case and geographic location; (b) the average cost for public defender services rendered per client, delineated by type of case and geographic location; (c) the average cost for private bar advocate services rendered per client, delineated by type of case and geographic location; (d) the average number of hours spent per case by public defenders, delineated by type of case and geographic location; (e) the average number of hours billed by private bar advocates, delineated by type of case and geographic location; (f) the total amount of counsel fees paid to the committee by clients for services rendered, delineated by type of case and geographic location; (g) the total of indigent but able to contribute fees paid to the committee by clients for services rendered, delineated by type of case and geographic location; provided further, that the committee shall submit quarterly reports to the house and senate committees on ways and means starting on January 2, 2012 and ending on September 30, 2012 detailing progress made in providing up to 30 per cent of indigent defense through public defenders; provided further, that the report shall include, but not be limited to, the following: (a) the number of public defenders that have been hired to date; (b) the offices and divisions that these public defenders have been assigned to; (c) the total number of cases that have been assigned to these public defenders, delineated by type of case; (d) the total number of cases that have been assigned to all public defenders, delineated by type of case; (e) the number of public defender vacancies to be filled; (f) the total number of support staff, investigators, attorneys in charge and management that have been hired; (g) the number of cases that have been assigned to private bar advocates, delineated by type of case; (h) the total billable hours to date of private bar advocates, delineated by type of case; (i) the billable hours of private bar advocates broken down by: travel time, time spent in court, including wait time and trial preparation time, including interview time, investigating time and research time; (j) the number of private bar advocates that have been hired as public defenders; (k) changes to the private bar advocate billing system; (l) staffing efficiencies that have been undertaken; (m) the number and cost of private investigators used, delineated by firm; (n) the number and cost of psychologists and psychiatrists used, delineated by firm; and (o) the progress of obtaining temporary and permanent office space; and provided further, that this data shall be provided in a cumulative manner, delineated by quarter .....$66,261,829"
and in line item 0321-1510, by striking out the figure “$68,032,356” and inserting in place thereof the figure “$88,032,356"
and in section 79, in proposed section 1 of chapter 211D, by striking out in line 9 the number “9” and inserting place thereof the following:- 11
and by inserting, in line 10, after the word "governor", the following: "neither of whom shall be from the same political party"
and by striking out, in line 14, the number “5” and inserting in place thereof the following number:- 7
and by striking out the eighth sentence of said section 1, and inserting in place thereof the following:- “Members of the committee shall only be removed for cause. Removal of a member of the committee shall be approved by not less than 3 of the appointing authorities.”
and by striking out Section 83
and by striking out 1102-3205 and inserting in place thereof the following item:-
1102-3205 For the division of capital asset management and maintenance which may expend for the maintenance and operation of the Massachusetts information technology center, the state transportation building and the Springfield state office building an amount not to exceed $16,250,000 in revenues collected from rentals, commissions, fees, parking fees and any other sources pertaining to the operations of said facilities; provided, that the division shall work with the committee on public counsel services to ensure that all public defenders hired in fiscal year 2012 shall have access to adequate office space; provided further, that the division shall identify any office space that may be vacated by the staffing plan implemented pursuant to item 0321-1500 and shall prioritize use for public defenders; and provided further, that notwithstanding any general or special law to the contrary, and for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the division 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......$16,250,000
Budget Amendment ID: FY2012-S3-106
JUD 106
District Attorney Reporting Requirements
Ms. Creem and Mr. Joyce and Ms. Spilka and Ms. Jehlen and Mr. Welch moved that the proposed new text be amended in section 2, in item 0340-2100, by inserting after the words “submit a report to”, where it so appears, the words “the clerks of the house of representatives and senate”
Budget Amendment ID: FY2012-S3-107
JUD 107
Indigent Grandparents Legal Services
Messrs. Rodrigues and Knapik and Ms. Fargo and Ms. Candaras moved that the proposed new text be amended in section 2, in item 0330-0300, by inserting the following:- “provided further, that not less than $100,000 shall be expended 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 Massachusetts Legal Assistance Corporation 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.”
Budget Amendment ID: FY2012-S3-108
JUD 108
DTA Counsel Fees
Ms. Creem and Ms. Jehlen and Messrs. Rodrigues and Eldridge moved that the proposed new text be amended in Section 79 2½(h) by striking, after the words "tax refunds due to people who owe all or a portion of such fee" the following words:- "The department of transitional assistance may deduct the fee in weekly or monthly increments from persons who have not paid the fee or a portion thereof."
Budget Amendment ID: FY2012-S3-109
JUD 109
Reclassification of Certain Misdemeanors
Ms. Creem moved that the proposed new text be amended by adding at the end thereof the following 3 sections:
Section ___. Section 30A of Chapter 266 is hereby amended by striking the sixth paragraph in its entirety and inserting in place thereof the following:-
"Any person who intentionally removes a shopping cart from the premises of a store or other retail mercantile establishment, without the consent of the merchant given at the time of such removal, with the intention of permanently depriving the merchant of the possession, use or benefit of such cart; and where the retail value of the goods obtained is less than one hundred dollars, shall be punished for a first offense by a fine not to exceed four hundred dollars, for a second offense by a fine of not less than two hundred nor more than eight hundred dollars and for a third or subsequent offense by a fine of not more than one thousand dollars. Where the retail value of the goods obtained equals or exceeds one hundred dollars, any violation of this section shall be punished by a fine of not more than one thousand dollars or by imprisonment in the house of correction for not more than two and one-half years, or by both such fine and imprisonment. Nothing herein shall prevent the court from requiring restitution to be paid to the victim."
Section ___. Section 23 of Chapter 90 of the general laws is hereby amended by striking the first sentence of the second paragraph in its entirety and inserting in place thereof the following:-
"Notwithstanding the preceding paragraph or any other general or special law to the contrary, whoever has not been twice previously found responsible for or convicted of, or against whom a finding of delinquency or a finding of sufficient facts to support a conviction has not twice been rendered on, a complaint charging a violation of operating a motor vehicle after his license to operate has been suspended or revoked, or after notice of the suspension or revocation of his right to operate a motor vehicle without a license has been issued by the registrar and received by such person or by his agent or employer, and prior to the restoration of such license or right to operate or to the issuance to him of a new license to operate shall be punished by a fine of not more than $500."
Section __. Section 34J of Chapter 90 of the general laws is hereby amended by striking the fourth paragraph in its entirety and inserting in place thereof the following:-
"Notwithstanding any general or special law to the contrary, whoever violates this section and has not been twice previously determined responsible for or convicted therefor, or against whom a finding of delinquency or a finding of sufficient facts to support a conviction has not twice previously been rendered, on a complaint charging a violation of this section shall be punished by fine of not more than $1000."