Amendment #4 to H4278

Court Efficiency

Mr. Cabral of New Bedford moves to amend the bill by adding the following section:

SECTION XX. Section 58A of Chapter 276, as so appearing, is hereby amended by striking paragraph two of subsection (7) thereof, and inserting in place thereof the following:-

If the defendant has been found not dangerous by the district court, he shall have the same right to review as described in section 58 of this Chapter.

If the defendant has been found dangerous by the district court, a justice of the superior court shall consider his petition for review under the procedures described in this section. Such a review shall be conducted as speedily as practicable and in any event within five business days of the filing of the petition.

The justice of the superior court shall review the district court’s decision only to determine whether the district court committed a clear error of fact or law that plainly affected the district court’s disposition. In conducting this review, the justice of the superior court shall consider the district court’s written findings of fact, the written statement of the reasons for detention if the defendant has been ordered detained, the written statement of the reasons for conditions of release if such conditions have been imposed, and the record in the court below. The record shall include but not be limited to: any police reports, a copy of the complaint or complaints, the defendant’s Board of Probation record, and any other documents presented before the district court.

If the justice finds that the district court committed a clear error of fact or law and that such error plainly affected the district court’s disposition, the justice of the superior court may revise that disposition by ordering that the defendant be released on bail on his personal recognizance with or without surety, or may make any other order of bail or recognizance. The superior court justice may also uphold the district court’s original disposition on grounds other than those originally put forth by the district court.

In any instance where the superior court justice either modifies the disposition of the district court or makes a new order of pre-trial detention or release upon conditions, the justice must issue written findings describing (a) the error or errors that triggered the modification or new order and (b) the justice’s reasons for the modification or new order.

If there is no clear error of law or fact that plainly affected the district court’s disposition, the superior court justice shall remand the defendant in accordance with the terms on which he was ordered committed by the district court.