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