Public Safety Amendments

Budget Amendment ID: FY2012-S3-347

EPS 347

Regional PSAP Waiver

Mr. Downing moved that the proposed new text be amended by inserting after section 119 the following section:-

“SECTION 119A. Notwithstanding any general or special law to the contrary, the state comptroller shall grant a 1-time waiver or exemption from all applicable charges or assessments made against grants disbursed from the Enhanced 911 Fund to the Berkshire sheriff’s department regional 911 communications center pursuant to its authority under sections 5D and 6B of chapter 29 of the General Laws; provided, however, that no waiver or exemption shall be granted without the written approval of the secretary of administration and finance.”

Budget Amendment ID: FY2012-S3-350

EPS 350

Berkshire Sheriff's Office

Mr. Downing moved that the proposed new text be amended in section 2, in item 8910-0145, by striking out the figure “$14,108,413” and inserting in place thereof the figure:- “$14,608,413”.

Budget Amendment ID: FY2012-S3-351

EPS 351

Bay State Correctional Center

Mr. Ross moved that the proposed new text be amended in section 2, in item 8900-0001, Mr. Ross moved that the bill be amended in section 2, in item 8900-0001, in line 1, by inserting after “the department of correction” the inserting in place thereof the following:- “;provided, that the department shall expend no less than the amount provided for in chapter 61 of the acts of 2007 to the municipality hosting the Bay State Correctional Center”

Budget Amendment ID: FY2012-S3-352

EPS 352

Prison Mitigation

Mr. Ross moved that the proposed new text be amended in section 2, in item 8900-0001, Mr. Ross moved that the bill be amended in section 2, in item 8900-0001, in line 1, by inserting after “the department of correction” the following words:-“;provided that the department shall expend no less than the amount provided for in chapter 61 of the acts of 2007 to cities and towns hosting facilities”

Budget Amendment ID: FY2012-S3-354

EPS 354

PAYMENT BY CERTAIN PRISONERS

Mr. Tarr moved that the proposed new text be amended by inserting, after Section __, the following new Section:-

"SECTION __. Notwithstanding any general or special law to the contrary, any adult person committed to the state or county correctional facility, as defined in Section 1 of Chapter 125 of the General Laws, shall at the time of sentencing be interviewed by the Department of Probation for the purpose of determination of financial condition and indigency. Said interview shall be conducted in accordance with the provisions of Sections 27A through 27C of Chapter 261 of the General Laws. If the court finds the defendant not indigent, the court shall order in the minimum that the prisoner pay to the Commonwealth if committed to a state correctional facility or to the county of committed to a House of Correction, the sum of $2.00 (two dollars) per calendar day of incarceration to defray the costs of incarceration. The Commissioner of Correction or Sheriff or Superintendent of the facility in which the prisoner is incarcerated, shall no later than thirty days prior to the prisoner’s release, prepare an accounting of sums owed to the Commonwealth or a county, but non-payment shall in no case be a condition of release of grounds for violation of probation or parole. The provisions of this Act shall not be applicable to prisoners determined to be pregnant, terminally ill or confined in a hospital during incarceration. Any party aggrieved by the determination of the court, Commissioner, Sheriff or Superintendent may appeal such determination in accordance with the provisions of Section 27D of Chapter 261 of the General Laws."

Budget Amendment ID: FY2012-S3-355

EPS 355

EFFECTIVENESS OF FLAGMEN

Messrs. Tarr and Knapik moved that the proposed new text be amended by inserting, after Section __, the following new Section:-

“SECTION __. Section 10 of Chapter 86 of the Acts of 2008 is hereby amended by adding at the end the following additional paragraph:-

“The secretary, in consultation with the secretary of public safety and homeland security, the secretary of administration and finance, and the commissioner of the department of revenue, shall report annually not later than not later than June 30 in each year from 2012 to 2016 on the cost savings, if any, to both the commonwealth and to municipalities, as well as any impacts on public safety, which result from these regulations. Data in such report shall be based on the best available information, and may include estimates if necessary. Such report shall be filed with the senate and house committees on ways and means, the joint committee on transportation, and the joint committee on public safety and homeland security.”

Budget Amendment ID: FY2012-S3-356

EPS 356

EOPSS Information Technology

Mr. Timilty moved that the proposed new text be amended in section 2, in item 8000-1700, by striking out the figure "$18,077,757" and inserting in place thereof the figure:- "$18,237,757".

Budget Amendment ID: FY2012-S3-357

EPS 357

Office of the Chief Medical Examiner

Mr. Timilty moved that the proposed new text be amended in section 2, in item 8000-0105, by striking out the figure "$7,022,773" and inserting in place thereof the figure:- "$7,398,166".

Budget Amendment ID: FY2012-S3-358

EPS 358

State Police Crime Lab

Mr. Timilty and Ms. Creem moved that the proposed new text be amended in section 2, in item 8000-0106, by striking out the figure "$12,506,412" and inserting in place thereof the figure:- "$13,164,644".

Budget Amendment ID: FY2012-S3-359

EPS 359

Department of Criminal Justice Information Systems

Mr. Timilty moved that the proposed new text be amended in section 2, in item 8000-0110, by striking out the figure "$2,106,449" and inserting in place thereof the figure:- "$2,541,372".

Budget Amendment ID: FY2012-S3-360

EPS 360

Municipal Police Training Committee

Messrs. Timilty, Welch and Knapik moved that the proposed new text be amended in section 2, in item 8200-0200, by striking out the figure "$2,476,460" and inserting in place thereof the figure:- "$4,000,000".

Budget Amendment ID: FY2012-S3-361

EPS 361

Municipal Police Training Committee Recruit Fee

Messrs. Timilty, Welch and Knapik and Ms. Donoghue moved that the proposed new text be amended in section 2, in item 8200-0222, by striking out the figure "$2,500" and inserting in place thereof the figure:- "$2,900".

Budget Amendment ID: FY2012-S3-362

EPS 362

Include Department of Correction in Video Teleconferencing Initiative

Mr. Timilty moved that the proposed new text be amended in Section 141 by inserting after the words “sheriff’s office” the following words:- "or the department of correction".

Budget Amendment ID: FY2012-S3-363

EPS 363

State Police Association of Massachusetts Contract Clarification Language

Mr. Timilty moved that the proposed new text be amended by inserting the following new Section:-

SECTION X. 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

Budget Amendment ID: FY2012-S3-364

EPS 364

An Amendment Creating the Police Fire Safety Fund

Mr. Knapik moved that the proposed new text be amended by inserting, after Section XXX, the following new Section:-

SECTION 1 .Section 90 of chapter 90 of the General Laws is hereby amended by inserting after the third paragraph of subparagraph (4) of paragraph (a) of subdivision (1) the following new subparagraph:-

(5) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Police Fire Safety Equipment Fund, the purpose of which shall be to make an annual disbursement to state and local law enforcement for active or passive fire suppression kits for state and municipal police cruisers to aid in the prevention of fires resulting from rear end collisions. The fund shall be administered by the Executive Office of Public Safety and Security. The state treasurer shall be the custodian of the fund and shall receive, deposit and invest all monies transmitted to him under this section in accordance with sections 34, 34A and 38 of chapter 29 in such a manner as to secure the highest rate of return available consistent with the safety of the fund, and shall credit interest and earnings on the trust fund corpus to the trust fund.

There shall be an assessment of $150 against a person who is convicted, placed on probation or granted a continuance without a finding or who otherwise pleads guilty to or admits to a finding of sufficient facts for operating a motor vehicle while under the influence of intoxicating liquor or under the influence of marihuana, narcotic drugs, depressants or stimulant substances, provided, however, that but $125 of the amount collected under this assessment shall be deposited monthly by the court with the state treasurer who shall deposit it into the Police Fire Safety Equipment Fund, and the remaining amount of the assessment shall be credited to the General Fund. The assessment shall not be subject to reduction or waiver by the court for any reason.

Allocations from the Police Fire Safety Equipment Fund shall be made to the Executive Office of Public Safety and Security, which shall administer the distribution of said funds to the Massachusetts State Police and police departments in each municipality of the commonwealth on an annual basis. Monies shall be distributed based on the projected number of new police cruisers expected to be purchased by each state or municipal police department, as demonstrated by each agency’s operating budget for that fiscal year.

Fees paid by an individual into the Police Fire Safety Equipment Fund pursuant to this section shall be in addition to, and not in lieu of, any other fee imposed by the court pursuant to this chapter or any other chapter. The administrative office of the trial court shall file a report detailing the amount of funds imposed and collected pursuant to this section to the house and senate committees on ways and means and to the victim and witness assistance board not later than August 15 of each calendar year.

Budget Amendment ID: FY2012-S3-365-R1

Redraft EPS 365

Aid to Incarcerated Mothers

Messrs. Tolman and McGee and Ms. Chang-Diaz and Ms. Chandler moved that the proposed new text be amended in section 2, in item 8900-0001, <w:p><w:r><w:t xml:space="preserve">by inserting after the “operated by the department” the following:- "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;"

Further, Mr. Tolman moved to amend said item iby striking out the figure "$508,385,246" and inserting in place thereof the following figure:- "$508,585,246"

Budget Amendment ID: FY2012-S3-366

EPS 366

State Police Directed Patrols

Mr. Hart moved that the proposed new text be amended in section 2, in item 8100-0000, by inserting after the words “that office” the following:

“,provided further, that any community that was selected to receive earmarked funds for directed patrols in fiscal year 2009 shall receive 100 per cent of the amount so earmarked in fiscal year 2011”

Budget Amendment ID: FY2012-S3-367

EPS 367

Municipal Police Training Academies

Ms. Chandler moved that the proposed new text be amended in section 2, in item 8200-0200, by adding at the end thereof the following: "provided that no less than $25,000 be provided for towns in Worcester County hosting municipal police training academies."

Budget Amendment ID: FY2012-S3-369

EPS 369

Naming the Department of Fire Services Headquarters in Stow

Messrs. Timilty and Tarr moved that the proposed new text be amended by inserting at the end thereof the following new Section:-

"Section X. Notwithstanding any general law to the contrary, the Department of Fire Services Headquarters in Stow shall be named the “Stephen D. Coan Department of Fire Services Headquarters.”

Budget Amendment ID: FY2012-S3-370

EPS 370

Sheriff's Commission Fiscal Analysis

Mr. Michael O. Moore moved that the proposed new text be amended by inserting, after Section ___, the following new Section:-

"SECTION ____. The third paragraph of section 22 of chapter 61 of the acts of 2009 is hereby amended by adding the following sentence:- For the purpose of conducting its investigation and study, the commission may contract with an independent, outside organization, at a cost not to exceed $50,000, to conduct a fiscal analysis of the potential cost savings and other efficiencies that may be achieved by reorganization, consolidation, elimination or realignment of sheriffs’ offices".

Budget Amendment ID: FY2012-S3-371

EPS 371

Retained Revenue

Ms. Candaras and Messrs. Knapik and Welch moved that the proposed new text be amended in section 2, in item 8910-2222, Ms. Candaras moved that the bill be amended in section 2, in item 8910-2222, in line 2, by strking out the following: "provided, that $312,000 from re-imbursements shall not be available for expenditure and shall be deposited into the General Fund before the retention by the department of any of these Reimbursements."

Budget Amendment ID: FY2012-S3-372

EPS 372

Maintaining Emergency Preparedness Services

Ms. Candaras and Messrs. Moore and Pacheco moved that the proposed new text be amended in section 2, in item 8800-0001, Ms. Candaras moves to amend Section 2 of the bill in line item 8800-0001, by striking out the figure "$1,214,379" and inserting in place thereof the figure:- "$1,487,555".

Budget Amendment ID: FY2012-S3-373-R1

Redraft EPS 373

State Police Education Incentive Clarification

Messrs. Michael O. Moore and Timilty moved that the proposed new text be amended by inserting, after Section ____, the following new Sections:-

"SECTION __. Section 128 of chapter 27 of the acts of 2009 is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

Budget Amendment ID: FY2012-S3-375-R2

2nd Redraft EPS 375

Prison Mitigation

Ms. Flanagan and Messrs. Eldridge, Timilty, Ross and Pacheco moved that the proposed new text be amended in section 2, in item 8900-0001, by adding the following words:- “provided further, that the department shall expend not less than $500,000 for cities and towns hosting facilities;”; and

in said section 2, in said item 8900-0001, by inserting at the end thereof the following words:- “prior appropriation continued”; and

in said section 2, in said item 8900-0001, by striking out the figure “$508,585,246” and inserting in place thereof the following figure:- “$509,085,246”.

Budget Amendment ID: FY2012-S3-376-R1

Redraft EPS 376

Shannon Grants

Ms. Donoghue, Ms. Chandler, Messrs. Kennedy, Rodrigues, Eldridge, Knapik, McGee, Finegold, Montigny and Tolman and Ms. Jehlen moved that the proposed new text be amended in section 2, in item 8100-0111, by inserting at the end thereof the following words:- “prior appropriation continued” and by striking out the figure "$4,500,000" and inserting in place thereof the following figure:- "$5,500,000".

Budget Amendment ID: FY2012-S3-377

EPS 377

Environmental Law Enforcement

Mr. Michael O. Moore moved that the proposed new text be amended in Section 143, by inserting after the word "force", in lines 2 and 8, each time it appears, the following words:- "and the Office of Environmental Law Enforcement"; and further by inserting after the words “Massachusetts Department of Transportation” the following words:- ",the Office of Environmental Law Enforcement and the Executive Office of Energy and Environmental Affairs".

Budget Amendment ID: FY2012-S3-378

EPS 378

Randolph Youth Violence Task Force

Mr. Joyce moved that the proposed new text be amended in section 2, in item 8100-0011, in section2, item 8100-0011, by inserting the following "provided further that, not less than $100,000 shall be expended for the Youth Violence and Street Crimes Unit of the Randolph Police Department."

Budget Amendment ID: FY2012-S3-380

EPS 380

DOC Mitigation MCI-Cedar Junction

Mr. Timilty moved that the proposed new text be amended in section 2, in item 8900-0001, by inserting the following:-

"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 consistent with 8900-0001 of section 2 of Chapter 61 of the Acts of 2007 relative to MCI-Cedar Junction;"

Budget Amendment ID: FY2012-S3-382

EPS 382

Ignition Interlock

Messrs. Hedlund, Ross, Knapik and Tarr moved that the proposed new text be amended SECTION __: Paragraph c of Subsection 1 of Section 24 of Chapter 90 of the General Laws is hereby amended by striking out subparagraph 1, as appearing in the 2006 Official Edition, and inserting in place thereof the following subparagraph:-

(c) (1). Where the license or right to operate has been revoked under section twenty-four D or twenty-four E, or revoked under paragraph (b) and such person has not been convicted of a like offense or has not been assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the commonwealth or any other jurisdiction preceding the date of the commission of the offense for which he has been convicted, the registrar shall not restore the license or reinstate the right to operate to such person unless the prosecution of such person has been terminated in favor of the defendant, until one year after the date of conviction; provided, however, that such person may, after the expiration of three months from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license for employment or educational purposes, which license shall be effective for not more than an identical twelve hour period every day on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control, and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the expiration of six months from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under such terms and conditions as he deems appropriate and necessary. A mandatory restriction on a hardship license granted by the registrar under this subparagraph shall be that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the hardship license.

SECTION 2. Chapter 90 of the General Laws is hereby amended by striking out section 241/2, as appearing in the 2006 Official Edition, and inserting in place thereof the following section:-

241/2. No person whose license has been suspended in the commonwealth or any other jurisdiction by reason of: an assignment to an alcohol or controlled substance education, treatment or rehabilitation program; or a conviction for violating paragraph (a) of subdivision (1) of section 24, subsection (a) of section 24G, operating a motor vehicle with a percentage by weight of blood alcohol of eight one-hundredths or greater, or while under the influence of intoxicating liquor in violation of subsection (b) of said section 24G, section 24L, section 13 1/2 of chapter 265, subsection (a) of section 8 of chapter 90B, section 8A or 8B of chapter 90B or, in the case of another jurisdiction, for any like offense, shall be issued a new license or right to operate or have his license or right to operate restored unless a certified ignition interlock device has been installed on each vehicle owned, each vehicle leased and each vehicle operated by that person as a precondition to the issuance of a new license or right to operate or the restoration of such person’s license or right to operate. A certified ignition interlock device shall be installed on all vehicles owned, leased and operated by the licensee for a period of 6 months if he has not previously been assigned or convicted, and for a period of 2 years if he has previously been so assigned or convicted and person restricted by a certified ignition interlock device shall have such device inspected, maintained and monitored in accordance with such regulations as the registrar shall promulgate. The registrar may, after hearing, revoke for an extended period or for life, the license of whoever removes such device or fails to have it inspected, maintained or monitored on at least 2 occasions during the period of the restricted license or right to operate if the licensee has operated or attempted to operate a vehicle with a blood alcohol level that caused the certified ignition interlock device to prohibit a vehicle from starting on at least 2 occasions or that recorded a blood alcohol level in excess of.02 on at least 2 occasions. A person aggrieved by a decision of the registrar pursuant to this section may file an appeal in the superior court of the trial court department. If the court determines that the registrar abused his discretion, the court may vacate the suspension or revocation of a license or right to operate or reduce the period of suspension or revocation as ordered by the registrar.

SECTION 3. Section 24(D) of Chapter 90 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after the fourth paragraph the following paragraph:-

A mandatory restriction on a hardship license granted by the registrar under this section shall be that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the hardship license.

Budget Amendment ID: FY2012-S3-383

EPS 383

Maintaining SORB Operations

Ms. Creem moved that the proposed new text be amended in section 2, in item 8000-0125, by striking out the figure $3,641,391 and inserting in place thereof the figure:- $3,774,193

Budget Amendment ID: FY2012-S3-384

EPS 384

Juvenile Justice Data Collection

Ms. Creem moved that the proposed new text be amended by inserting, after Section _____, the following new 6 Sections: -

SECTION ___. Definitions.

As used in sections ___ through ___, inclusive, of this act, -

"contact" means any action or practice by law enforcement personnel or by any other official of the commonwealth or private service provider under contract or other agreement with the commonwealth, in dealing with a juvenile at any stage of the juvenile justice system including, but not limited to, the points of contact listed below in sections 4(a) –(i).

“juvenile” means a youth between the age of seven and seventeen and up to the age of 21 if the individual remains within the jurisdiction of the juvenile court or juvenile justice system, and children aged fourteen to seventeen who are charged with first or second degree murder pursuant to M.G.L.A. 119 § 74;

“alternative lock-up program” means a facility and/or program that provides for the physical care and custody of a youth being held by the police after an arrest and before an arraignment, and includes programs provided by the police, municipal, county or state government, as well as any contractor, vendor or service-provider working with such government entities.

“racial/ethnic category” means the socio-cultural racial and ethnic category of an individual as categorized in a manner that is consistent with the categories established and utilized by the Office of Juvenile Justice and Delinquency Prevention.

“type of crime” means category of crime into which the alleged or proven offense a youth has committed falls as categorized in a manner that is consistent with the categories established and utilized by the National Incident-Based Reporting System.

SECTION ___. The Child Advocate shall create and update as may be appropriate an instrument to record statistical data at each point of contact identified in sections 4(a)-(i). This instrument shall, at minimum, include age, gender, race/ethnicity category, and type of crime. The child advocate shall give due regard to the census of juveniles when setting forth the race/ethnicity categories in the instrument. The Child Advocate shall consider providing guidance about the manner in which the race/ethnicity information is designated and collected, with consideration of the juveniles’ self-reporting of such categories. All Offices and Departments subject to this law shall use this instrument to record contacts.

SECTION ___. (a) The department of state police, municipal police departments, Massachusetts Bay Transportation Authority police, any school-based police from a local education authority, and any contractor, vendor or service-provider working with such police including any alternative lock-up programs, shall collect the necessary information to complete the instrument identified in Section 3 for each juvenile subjected to the following contacts for each fiscal year

(1) referral to and/or use of diversion programming;

(2) arrest; and

(3) pre-arraignment detention;

(b) Clerk magistrates shall collect the necessary information to complete the instrument identified in Section 3 for each juvenile subjected to the following contacts for each fiscal year

(1) criminal complaint filed

(2) finding of probable cause;

(3) complaint issued;

(4) appeal to judge of the finding by the clerk magistrate; and

(5) complaint issued after appeal.

(c) The district attorneys shall collect the necessary information to complete the instrument identified in Section 3 for each juvenile subjected to the following contacts for each fiscal year

(1) referral to and/or use of diversion programming;

(2) indictment as a youthful offender;

(3) dismissal of indictment/dismissal of indictment in exchange for other action; and

(4) prosecution in criminal court under M.G.L.A. ch. 119 § 74.

(d) The juvenile court department shall collect the necessary information to complete the instrument identified in Section 3 for each juvenile subjected to the following contacts for each fiscal year

(1) arraignment as a delinquent

(2) arraignment as a youthful offender;

(3) referral to and/or use of diversion programming;

(3) pre-trial probation pursuant to M.G.L.A ch. 276 § 87;

(4) cases which are continued without a finding, M.G.L.A. ch. 278 § 18 and M.G.L.A. ch. 119 §58 ;

(5) adjudication as a delinquent;

(6) adjudication as a youthful offender;

(7) sentence to probation;

(8) commitment to the department of youth services pursuant to M.G.L.A. ch. 119 § 58;

(9) commitment to the department of youth services pursuant to M.G.L.A. ch. 279 s. 2 that are suspended;

(10) extension of commitments to the department of youth services pursuant to M.G.L.A. ch. 120 § §17,18 by consent or order;

(11) juvenile brought before the court on criminal and non-criminal violations of probation; and

(12) commitments to department of youth services following probation violation.

(e) The office of the commissioner of probation shall collect the necessary information to complete the instrument identified in Section 3 for each juvenile subjected to the following contacts for each fiscal year

(1) referral to and/or use of diversion programming;

(2) supervision of pre-trial probation;

(3) supervision of continuances without a finding; and

(4) supervision of youth on probation;

(f) The department of youth services and any contractor, vendor or service provider working with said department including alternative lock-up programs shall collect the necessary information to complete the instrument identified in Section 3 for each juvenile subjected to the following contacts for each fiscal year

(1) pre-trial detention;

(2) commitment;

(3) level of care including, but not limited to,

a. “hardware,” secure;

b. staff secure;

c. residential; and

d. community placement;

(4) notice of revocation of grants of conditional liberty;

(5) hearing on grants of conditional liberty;

(6) youth placed in secure for violation of conditions of liberty;

(7) extensions of commitments pursuant to M.G.L.A. ch. 120 § §17,18 sought by the department of youth services; and

(8) extensions pursuant to M.G.L.A. ch. 120 § §17,18 by consent or order.

(g) The superior court shall collect the necessary information to complete the instrument identified in Section 3 for each juvenile subjected to the following contacts for each fiscal year

(1) arraignment for murder in the first degree and murder in the second degree; and

(2) convictions.

(h) The department of correction and each sheriff’s department shall collect the necessary information to complete the instrument identified in Section 3 for each juvenile subjected to the following contacts for each fiscal year

(1) prearraignment detention;

(2) pretrial detention;

(3) post-disposition confinement of youthful offenders; and

(4) post-conviction confinement for Murder.

(i) The parole board shall collect the necessary information to complete the instrument identified in Section 3 for each juvenile subjected to the following contacts for each fiscal year

(1) grant of parole;

(2) supervision of parole; and

(3) revocation of parole.

SECTION ___. (a) The Executive Office of Public Safety and Security shall be responsible for assembling the data collected by the below offices and departments on an annual basis. The collected data for each fiscal year shall be published on the Executive Office of Public Safety and Security Website, filed with the clerks of the Massachusetts House and Senate and provided to the Office of the Child Advocate no later than 90 days after the end of that fiscal year. The first such report shall be submitted by January 2, 2012.

a. The Commissioner of the Department of Correction

b. Sheriffs of each County;

c. The Parole Board;

d. The Department of the State Police;

e. Municipal police departments;

f. The Massachusetts Bay Transportation Authority Police;

g. School based police from any local education authority;

h. Alternative Lock-up Programs; and

i. any other contractor, vendor or service provider working with school based or other police officers.

(b) The Attorney General shall be responsible of assembling data collected by District Attorney’s Offices on an annual basis. The collected data for each fiscal year shall be published on the Attorney General’s website, filed with the clerks of the Massachusetts House and Senate and provided to the Office of the Child Advocate no later than 90 days after the end of that fiscal year. The first such report shall be submitted by January 2, 2012.

(c) The Chief Justice for Administration and Management shall be responsible for assembling data collected by judicial officers and court personnel including the Commissioner of Probation, judicial officers and court personnel, and the Executive Director of Community Correction. The data shall be collected on an annual basis. The collected data for each fiscal year shall be published on the Supreme Judicial Court’s website, filed with the clerks of the Massachusetts House and Senate and provided to the Office of the Child Advocate no later than 90 days after the end of that fiscal year. The first such report shall be submitted by January 2, 2012.

(d) The Executive Office for Human Services shall be responsible for assembling data collect by the Commissioner of the Department of Youth Services and all department personnel, contractors or vendors working with the Department. The data shall be collected on an annual basis. The collected data for each fiscal year shall be published on the Office’s website, filed with the clerks of the Massachusetts House and Senate and provided to the Office of the Child Advocate no later than 90 days after the end of that fiscal year. The first such report shall be submitted by January 2, 2012.

SECTION ___. Any individual data described or acquired under the provisions of this chapter shall be used only for statistical purposes and may not be disseminated if it contains data that reveal the identity of an individual who had contact with the juvenile justice system within the meaning of this chapter.

SECTION ___. The annual Juvenile Justice Contact Data Reports from the Executive Offices of Public Safety and Security, Attorney General, Chief Justice for Administration and Management and Executive of Office of Human Services shall be public records.

Budget Amendment ID: FY2012-S3-387-R1

Redraft EPS 387

MIDDLESEX COUNTY CORRECTIONAL FACILITY STUDY

Ms. Spilka and Ms. Clark and Messrs. Donnelly, Eldridge and DiDomenico moved that the proposed new text be amended by inserting, after Section _____, the following new Section: -

SECTION ____. (a) There shall be a special commission to identify and evaluate potential sites suitable for the placement of a replacement jail facility consistent in Middlesex County with the provisions of Chapter 304 of the Acts of 2008. The commission shall establish whether said sites are appropriate to adjoin facilities that perform related criminal justice functions, including courts, pre-arraignment lockup facilities and special population facilities. The commission shall document the needs of the communities and individuals they serve, and make recommendations regarding the most efficient and effective investment of public resources in meeting these needs.

(b) The special commission shall also identify and evaluate potential sites in Middlesex County suitable for the placement of a correctional facility suitable to house female pre-trial and sentenced offenders where the sentence is 2 ½ years or less. The commission shall document the needs of the communities and individuals they serve, and make recommendations regarding the most efficient and effective investment of public resources in meeting these needs.

(c) The commission shall include the following officers or their designees: the secretary of public safety and security, who shall chair the commission, the secretary of administration and finance, the Middlesex sheriff, the administrative office of the trial court, the Middlesex superior court clerk; the commissioner of capital asset management; the Middlesex district attorney; chief counsel of the committee for public counsel services, 1 member of the senate appointed by the president; 1 member of the house of representatives appointed by the speaker. Members not otherwise subject to chapter 268A of the General Laws by virtue of their public positions shall not be considered to be special state employees for purposes of said chapter 268A by virtue of their service on the commission.

(d) The commission shall report its findings and recommendations to the governor and the clerks of the house of representatives and the senate not later than November 1, 2011.

Budget Amendment ID: FY2012-S3-390-R1

Redraft EPS 390

MAINTAINING PAROLE BOARD OPERATIONS

Ms. Spilka and Messrs. Timilty and Moore moved that the proposed new text be amended in section 2, in item 8950-0001, by striking out the figure "$16,016,292" and inserting in place thereof the figure:- "$16,516,292".

Budget Amendment ID: FY2012-S3-391

EPS 391

ESSEX SHERIFF RETAINED REVENUE

Mr. Tarr moved that the proposed new text be amended in section 2, in item 8910-6619, by striking the following:- “provided, that $150,000 from the reimbursements shall not be available for expenditure and shall be deposited quarterly into the General Fund before the retention by the office of any of these revenues as certified by the comptroller; provided further, that the quarterly payments shall total $600,000 in fiscal year 2012”

Budget Amendment ID: FY2012-S3-393

EPS 393

STATE POLICE CRIME LABORATORY

Messrs. DiDomenico and Moore moved that the proposed new text be amended in section 2, in item 8000-0106, by striking out the figure “$12,506,412” and inserting in place thereof the following figure:- “$13,351,250”.

Budget Amendment ID: FY2012-S3-394-R1

Redraft EPS 394

Programs for Incarcerated Mothers

Ms. Chang-Diaz and Ms. Spilka moved that the proposed new text be amended in section 2, in item 8900-0001, by inserting, after the words “all prisoners confined in each prison operated by the department,” the following words:- “; 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"; and in said item, by striking out the figure “$508,385,246” and inserting in place thereof the following figure:- “$508,585,246”.

Budget Amendment ID: FY2012-S3-396-R2

2nd Redraft EPS 396

Escalator Safety

Messrs. Richard T. Moore and Tarr moved that the proposed new text be amended <w:p><w:r><w:t xml:space="preserve">in section 28 by inserting after the word “sections” , in line 15, the following figure:- “65,”; and

by inserting after Section 66, the following section:-

“SECTION 66A. Section 65 of chapter 143 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

No elevator licensed under this chapter shall be operated without a valid inspection certificate. If a certificate of inspection has expired, no new certificate shall be issued until a new inspection has been completed and no elevator shall be operated until a new certificate of inspection has been issued by a qualified state inspector. The owner or operator of an elevator who fails to comply with this section shall be punished by a fine of $1,000 for each day that an elevator is in operation without a valid certificate of inspection. The commissioner or the commissioner’s designee, and such other person as may be specifically authorized, may issue a written notice of violation, under section 21 of chapter 22, for a violation of this section.

An owner or operator of an elevator shall not be in violation of this section if, 30 days prior to the expiration of a certificate, the owner or operator has, in writing or in a manner prescribed by the department, requested an inspection by the department.

This section shall be known, and may be cited as “Mark’s Law,” in memory of Mark DiBona, age 4, who died from injuries sustained on an escalator that was not in compliance with the inspection requirements of this section.”

Budget Amendment ID: FY2012-S3-397

EPS 397

Plymouth County Sheriff's Department

Mr. Kennedy moved that the proposed new text be amended in section 2, in item 8910-8700, Mr. Kennedy moved to amend the bill in section 2, in item 8910-8700, by striking out the figure “$24,810,825” and inserting in place thereof the following figure:- “$27,998,589”

Budget Amendment ID: FY2012-S3-398-R1

Redraft EPS 398

PILOT PROGRAM THAT INCORPORATE EVIDENCE BASED CORRECTIONAL PRACTICES

Messrs. DiDomenico, McGee and Tarr moved that the proposed new text be amended in section 2, in item 0339-1010, by striking out 0339-1010 and inserting in place thereof the following item:-

0339-1010 For the office of community corrections and renewal of performance-based contracts for the operation of community corrections centers, for the period from January 1, 2012 to June 30, 2012; provided, that funds from this item shall not be expended for centers which failed to meet minimum performance-based contract requirements as determined by the commissioner of probation between June 30, 2011 and December 31, 2011; provided further, that the commissioner may make funds from this line item available for rehabilitative pilot programs that incorporate evidence based correctional practices; and provided further, that the executive director shall submit a spending and management plan for each community corrections center, to include, but not be limited to, the progress and outcomes of performance-based contracting, to the house and senate committees on ways and means not later than June 30, 2012. . . . .$8,758,928

Budget Amendment ID: FY2012-S3-399

EPS 399

Centralized Emergency Medical Dispatch System

Mr. Wolf moved that the proposed new text be amended in section 2, in item 8910-8200, Mr. Wolf moved that the bill be amended in Section 2, by inserting after item 8910-8210 the following item:

“xxxx-xxxx For the Barnstable Country Sheriff’s office to fund the continued operation of the Centralized Emergency Medical Dispatch System, said funds shall remain available only for the expressed purposes of said system and otherwise shall revert to the General Fund. All such funds shall be subject to audit by the state auditor. $457,816

Budget Amendment ID: FY2012-S3-400-R1

Redraft EPS 400

Shannon Grants

Messrs. Finegold and Rodrigues and Ms. Donoghue and Mr. McGee moved that the proposed new text be amended in section 2, in item 1599-0026, by striking the following language:- “provided further, that $2,000,000 shall be transferred to the executive office of public safety and security for a competitive grant program to be administered by the office; provided further, that it shall be the goal of the grant program to address police staffing needs and corresponding public safety concerns in the municipalities most impacted by reductions in local aid; provided further, that the criteria for the competitive grant program shall include, but not be limited to, municipal violent crime rate and reduction in municipal police department staffing since fiscal year 2008;” and inserting in place thereof the following:- “provided further, that $3,000,000 shall be transferred to the executive office of public safety and security for a competitive grant program to be administered by the office; provided further that grants shall be awarded to communities that: (a) have a population of at least 65,000; and (b) demonstrate that its police department had an operating budget per capita of less than $200 in 2010;” and by striking the figure “$8,000,000” and inserting in place thereof the following figure, “$9,000,000”.

Budget Amendment ID: FY2012-S3-401-R1

Redraft EPS 401

Law Enforcement Training Program - Southbridge

Messrs. Richard T. Moore and Knapik moved that the proposed new text be amended in section 2, in item 8000-0000, by adding at the end thereof the following:- "and provided further, that the secretary shall enter into an agreement with a state college or university to provide for the expansion of comprehensive law enforcement and emergency response training, and mandatory reporter programs for local, state and federal criminal justice and homeland security professionals"; and in said item, by striking out the figures "$1,943,074" and inserting in plcae thereof the figures "$2,143,074"