Budget Amendment ID: FY2014-S3-68

JUD 68

Judicial Compensation

Messrs. Joyce and Wolf and Ms. Creem and Ms. Candaras and Messrs. Timilty and Brownsberger and Ms. Donoghue and Messrs. Finegold and Donnelly and Ms. Lovely and Ms. Spilka moved that the proposed new text be amended by inserting after section __ the following new section:-

 

SECTION __.  (a) Section 22 of Chapter 211 of the General Laws is hereby amended by striking out the first sentence and inserting in place thereof the following sentence: The Chief Justice of the Supreme Judicial Court shall receive a salary of $186,579.00; and each Associate Justice of the Supreme Judicial Court shall receive a salary of $180,097.00, all effective July 1, 2013; and such compensation shall be increased at the same rate of increase, if any, as the percentage change in the Consumer Price Index for Urban Workers for the Northeast Region commencing the first day in July of the year 2014, and every year thereafter, and the Chief Justice and Associate Justices shall annually receive from the Commonwealth upon the certificate of the Chief Justice the amount of expenses incurred by each of them in the discharge of their duties.

 

(b) Section 2 of Chapter 211A of the General Laws is hereby amended by striking out the first sentence and inserting in place thereof the following sentence: The Chief Justice of the Massachusetts Appeals Court shall receive a salary of $173,156.00; and each Associate Justice of the Massachusetts Appeals Court shall receive a salary of $166,653.00, all effective July 1, 2013; and such compensation shall be increased at the same rate of increase, if any, as the percentage change in the Consumer Price Index for Urban Workers for the Northeast Region commencing the first day in July of the year 2014, and every year thereafter; and the Chief Justice and the Associate Justices shall annually receive from the Commonwealth upon the certificate of the Chief Justice the amount of expenses incurred by each of them in the discharge of their duties.

 

(c) Section 4 of Chapter 211B of the General Laws is hereby amended by striking out the first three paragraphs and inserting in place thereof the following four paragraphs:

 

The salaries of the Justices of the Trial Court shall be paid by the Commonwealth. Each Associate Justice shall receive a salary of $160,000.00.

 

The Chief Justice of the several Departments of the Trial Court shall receive a salary of $166,699.00.

 

The Chief Justice of the Trial Court shall receive a salary of $173,156.00.

 

The foregoing salaries, all effective July 1, 2013, shall be increased at the same rate of increase, if any, as the percentage change in the Consumer Price Index for Urban Workers for the Northeast Region commencing the first day in July of the year 2014, and every year thereafter.


Budget Amendment ID: FY2014-S3-71

JUD 71

Mental Health Legal Advisors Committee

Mr. Joyce and Ms. Lovely and Mr. Brownsberger and Ms. Jehlen, Ms. Creem and Ms. Clark and Mr. Eldridge and Ms. Candaras and Mr. McGee moved that the proposed new text be amended in section 2, in item 0321-2000, by striking out the figures “$837,712” and inserting in place thereof the following figures:- “$938,683”.


Budget Amendment ID: FY2014-S3-72

JUD 72

Taunton Law Library

Mr. Pacheco moved that the proposed new text be amended in section 2, in item 0330-0300, by inserting after the words "law libraries" the following new text:-

",provided further that the law library located in the Bristol Superior Court in Taunton shall operate as a full service library 5 days a week  Monday thru Friday from 8:00 am - 4:00 pm;"


Budget Amendment ID: FY2014-S3-73

JUD 73

Increasing awareness of the false claims program

Mr. Tarr moved that the proposed new text be amended in section 2, in item 0810-0013, by inserting at the end thereof the following:-

“provided further, that sums from this account may be expended to increase awareness of the availability of the false claims program to address fraud in programs of public assistance”


Budget Amendment ID: FY2014-S3-74

JUD 74

Victim Compensation

Ms. Flanagan and Messrs. Joyce, DiDomenico and McGee moved that the proposed new text be amended SECTION 93A. Section 1 of chapter 258C of the General Laws, as so appearing, is hereby amended by striking out the definition of “claim” and inserting in place thereof the following 2 definitions:-

“Catastrophic injury”, an injury that creates a permanent impairment for the victim, including: (i) a spinal cord injury involving  paralysis; (ii) amputation of an arm, hand, foot or leg; (iii) severe brain injury; (iv) second or third degree burns on 25 per cent or more of the total body surface or third degree burns on 5 per cent or more of the face and hands; (v) total or functional loss of vision or hearing; (vi) severe communication, sensory or motor disturbances; or (vii) any other injury that would otherwise qualify under this chapter.

“Claim”, an application for compensation under this chapter.

 

SECTION 93B. Section 3 of said chapter 258C is hereby amended by striking out subsection (a), as so appearing, and inserting in place thereof the following subsection:-

(a) The maximum award for compensation to a claimant under this chapter shall be $25,000; provided, however, that the maximum award for compensation to a claimant with a catastrophic injury under this chapter shall be $50,000. If there are 2 or more claimants eligible for compensation arising out of a crime committed against 1 individual for the same crime, each claimant shall be entitled to the out-of-pocket losses of every other claimant. The cumulative total of all awards based on such crime shall not exceed $25,000; provided, however, that the cumulative total of all awards based on such crime for catastrophic injuries shall not exceed $50,000.

 

SECTION 93C. Said section 3 of said chapter 258C is hereby further amended by striking out, in line 12, as so appearing, the figure “$6,500” and inserting in place thereof the following figure:- $8,000.

 

SECTION 93D. Said chapter 258C is hereby further amended by adding the following section:-

Section 14.  When a person files a claim under this chapter, no health care provider, as defined in section 1 of chapter 111, that has been given notice of the claim shall conduct any debt collection activities relating to medical or dental treatment received by the person in connection with the claim until an award has been made on the claim or until the claim has been denied. The period during which the health care provider shall be prohibited from conducting debt collection activities under this section shall be excluded in determining the applicable limitations period for commencing an action to collect the debt.  For the purposes of this section, “debt collection activities” shall mean repeatedly calling or writing the claimant or threatening to turn the matter over to a debt collector, as defined in section 24 of chapter 93, for collection, enforcement or filing of other process; provided, however, that “debt collections activities” shall not include the routine billing or inquiries about the status of a claim.


Budget Amendment ID: FY2014-S3-75

JUD 75

Berkshire County District Attorney

Mr. Downing moved that the proposed new text be amended in section 2, by striking out item 0340-1100 and inserting in place thereof the following item:-

"0340-1100 For the Berkshire district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program, the drug task force and the domestic violence unit; provided, that 50 per cent of fees payable under Massachusetts Rules of Criminal Procedure 15(d) and 30(c)(8) for appeals taken by the office shall  be paid from this item; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; provided further, that funds shall be expended for the operation and management of the Berkshire County Drug Task Force; and provided further, that $96,895 shall be expended for increased rent and lease costs in FY 2014………$3,825,694"


Budget Amendment ID: FY2014-S3-76

JUD 76

Terrorist Acts and Public Assistance

Messrs. Tarr, Hedlund, Knapik, Ross and Timilty moved that the proposed new text be amended by inserting after section _ the following section:-

 

SECTION _.  Chapter 12 of the General Laws is hereby amended by inserting after section 5O the following section:-

Section 5P.  The attorney general shall have a cause of action to recover any and all money for or on behalf of the commonwealth against any individual, convicted of 18 U.S.C. s 2332a(a) or section 102(b) or 102(C) of chapter 266, who has previously collected public assistance, financial assistance, or received any other direct financial benefit from the commonwealth.

Notwithstanding section 5H, all money recovered by the commonwealth under this section as a result of actions brought by the attorney general, other than costs and attorney’s fees, shall be credited by the state treasurer to benefit victims of the criminal act.


Budget Amendment ID: FY2014-S3-77-R2

2nd Redraft JUD 77

Judicial Compensation II

Mr. Joyce and Ms. Clark, Ms. Lovely and Ms. Creem and Mr. Wolf moved that the proposed new text be amended amended by inserting after section 92 the following 21 sections:-

 

“SECTION 92A. Section 22 of chapter 211 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 1, the figure “$151,239” and inserting in place thereof the following figure:- $166,239.

 

SECTION 92B. Said section 22 of said chapter 211 is hereby further amended by striking out the figure “$166,239”, inserted by section 92A, and inserting in place thereof the following figure:- $176,239.

 

SECTION 92C. Said section 22 of said chapter 211 is hereby further amended by striking out the figure “$176,239”, inserted by section 92B, and inserting in place thereof the following figure:- $181,239.

 

SECTION 92D. Said section 22 of said chapter 211 is hereby further amended by striking out, in line 2, the figure “$145,984” and inserting in place thereof the following figure:- $160,984.

 

SECTION 92E. Said section 22 of said chapter 211 is hereby further amended by striking out the figure “$160,984”, inserted by section 92D, and inserting in place thereof the following figure:- $170,984.

 

SECTION 92F. Said section 22 of said chapter 211 is hereby further amended by striking out the figure “$170,984”, inserted by section 92E, and inserting in place thereof the following figure:- $175,984.

 

SECTION 92G. Section 2 of chapter 211A of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the figure “$140,358” and inserting in place thereof the following figure:- $155,358.

 

SECTION 92H. Said section 2 of said chapter 211A is hereby further amended by striking out the figure “$155,358”, inserted by section 92G, and inserting in place thereof the following figure:- $165,358.

 

SECTION 92I. Said section 2 of said chapter 211A is hereby further amended by striking out the figure “$165,358”, inserted by section 92H, and inserting in place thereof the following figure:- $170,358.

 

SECTION 92J. Said section 2 of said chapter 211A is hereby further amended by striking out, in line 2, the figure “$135,087” and inserting in place thereof the following figure:- $150,087.

 

SECTION 92K. Said section 2 of said chapter 211A is hereby further amended by striking out the figure “$150,087”, inserted by section 92J, and inserting in place thereof the following figure:- $160,087.

 

SECTION 92L. Said section 2 of said chapter 211A is hereby further amended by striking out the figure “$160,087”, inserted by section 92K, and inserting in place thereof the following figure:- $165,087.

 

SECTION 92M. Section 4 of chapter 211B of the General Laws is hereby amended by striking out, in line 3, as so appearing, the figure “$129,694” and inserting in place thereof the following figure:- $144,694.

 

SECTION 92N. Said section 4 of said chapter 211B is hereby further amended by striking out the figure “$144,694”, inserted by section 92M, and inserting in place thereof the following figure:- $154,694.

 

SECTION 92O. Said section 4 of said chapter 211B is hereby further amended by striking out the figure “$154,694”, inserted by section 92N, and inserting in place thereof the following figure:- $159,694.

 

SECTION 92P. Said section 4 of said chapter 211B is hereby further amended by striking out, in line 5, as so appearing, the figure “$135,124” and inserting in place thereof the following figure:- $150,124.

 

SECTION 92Q. Said section 4 of said chapter 211B is hereby further amended by striking out the figure “$150,124”, inserted by section 92P, and inserting in place thereof the following figure:- $160,124.

 

SECTION 92R. Said section 4 of said chapter 211B is hereby further amended by striking out the figure “$160,124”, inserted by section 92Q, and inserting in place thereof the following figure:- $165,124.

 

SECTION 92S. Said section 4 of said chapter 211B is hereby further amended by striking out, in line 6, as so appearing, the figure “$140,358” and inserting in place thereof the following figure:- $155,358.

 

SECTION 92T. Said section 4 of said chapter 211B is hereby further amended by striking out the figure “$155,358”, inserted by section 92S, and inserting in place thereof the following figure:- $165,358.

 

SECTION 92U. Said section 4 of said chapter 211B is hereby further amended by striking out the figure “$165,358”, inserted by section 92T, and inserting in place thereof the following figure:- $170,358.”;

and by inserting after section 93 the following section:-

“SECTION 93A. Chapter 278 of the General Laws is hereby amended by striking out section 28D½, as so appearing, and inserting in place thereof the following section:-

Section 28D½. The clerk, the first assistant clerk and the second assistant clerk of the appellate division shall receive from the commonwealth as salary an amount equal to 10 per cent of, and in addition to, the salaries established and paid to them as clerk, 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 designated clerical assistant shall receive from the commonwealth as salary an amount equal to 10 per cent of, and in addition to, the salary established and paid to the employee for the employee’s current position.”;

 

and by inserting after section 143 the following 3 sections:-

 

“SECTION 143A. Sections 92A, 92D, 92G, 92J, 92M, 92P and 92S shall take effect on July 1, 2014.

 

SECTION 143B.  Sections 92B, 92E, 92H, 92K, 92N, 92Q and 92T shall take effect on January 1, 2015.

 

SECTION 143C. Sections 92C, 92F, 92I, 92L, 92O, 92R and 92U shall take effect on July 1, 2015.”


Budget Amendment ID: FY2014-S3-79

JUD 79

District Attorneys

Messrs. Downing, Montigny, Rodrigues, Timilty and Welch and Ms. Candaras and Messrs. McGee and Keenan and Ms. Lovely and Messrs. Joyce and Rush moved that the proposed new text be amended in section 2, in item 0340-0100, by striking the figure “$16,942,414” and inserting in place thereof the figure “$17,597,052”; and further in item 0340-0198 by striking the figure “$354,303” and inserting in place thereof the figure “$369,892”; and further in item 0340-0200, by striking the figure “$14,451,985” and inserting in place thereof the figure “$15,007,484”; and further in item 0340-0298 by striking the figure “$516,485” and inserting in place thereof the figure “$539,210”; and further in item 0340-0300, by striking the figure “$8,872,189” and inserting in place thereof the figure “$9,220,805”; and further in item 0340-0398 by striking the figure “$504,351” and inserting in place thereof the figure “$526,542”; and further in item 0340-0400, by striking the figure “$9,377,263” and inserting in place thereof the figure “$9,744,971”; and further in item 0340-0498, by striking the figure “$413,499” and inserting in place thereof the figure “$431,693”; and further in item 0340-0500, by striking the figure “$8,447,444” and inserting in place thereof the figure “$8,774,240”; and further in item 0340-0598 by striking the figure “$339,899” and inserting in place thereof the figure “$354,855”; and further in item 0340-0600, by striking the figure “$5,262,902” and inserting in place thereof the figure “$5,463,150”; and further in  item 0340-0698 by striking the figure “$294,248” and inserting in place thereof the figure “$307,195”; and further in item 0340-0700, by striking the figure “$8,650,626” and inserting in place thereof the figure “$8,989,494”; and further in item 0340-0798 by striking the figure “$427,306” and inserting in place thereof the figure “$446,107”; and further in item 0340-0800, by striking the figure “$7,508,951” and inserting in place thereof the figure “$7,797,585”; and further in item 0340-0898 by striking the figure “$429,842” and inserting in place thereof the figure “$448,755”; and further in item 0340-0900, by striking the figure “$7,811,053” and inserting in place thereof the figure “$8,112,979”; and further in item 0340-0998 by striking the figure “$326,318” and inserting in place thereof the figure “$340,676”; and further in item 0340-1000, by striking the figure “$3,828,541” and inserting in place thereof the figure “$3,965,677”; and further in item 0340-1098 by striking the figure “$278,735” and inserting in place thereof the figure “$290,999”; and further in item 0340-1100, by striking the figure “$3,728,799” and inserting in place thereof the figure “$3,861,546”; and further in item 0340-1198 by striking the figure “$215,126” and inserting in place thereof the figure “$224,592”;

and further in item 0340-2100, by inserting after the words “the amount appropriated in this item” the following:- “provided further, that not less than $200,000 shall be spent on procuring a vendor for a new case management system”; and further in item 0340-2100, by striking the figure $1,660,006 and inserting in place thereof the figure “$1,860,006”.


Budget Amendment ID: FY2014-S3-81

JUD 81

Clerks of Courts

Mr. Rush moved that the proposed new text be amended in section 10, by inserting after section XX the following new section:-

SECTION XX. Chapter 221 of the Generals Laws, as appearing in the 2010 Official Edition, is hereby amended in section 7 by striking out the following words:- “of the several counties except Suffolk”


Budget Amendment ID: FY2014-S3-82

JUD 82

Grandparents Raising Grandchildren Project

Ms. Jehlen moved that the proposed new text be amended in section 2, in item 0330-0300, by inserting at the end thereof the following:-

“provided further, that not less than $30,000 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 General Court on or before January 1, 2014, of all grandparents who requested legal services, their eligibility for such services and whether or not they were denied due to insufficient resources, including the legal problem for which they sought assistance”;

and by striking out the figure "$219,244,450" and inserting in place thereof the following figure:-

“$219,274,450”.


Budget Amendment ID: FY2014-S3-83

JUD 83

Governor's Council

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

 

"SECTION __. Section 3 of chapter 6 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting, in line 1, after the figure "$26,025" the following:- and an additional amount to be calculated by applying the adjustment percentage most recently ascertained by the governor pursuant to Article CXVIII of the Articles of Amendment to the Constitution to the preceding figure."


Budget Amendment ID: FY2014-S3-84

JUD 84

Social Law Library

Ms. Clark and Mr. Eldridge and Ms. Candaras moved that the proposed new text be amended in section 2, in item 0321-2205, by striking out the figure "$1,140,000" and inserting in place thereof the following figure:- "$1,299,000".


Budget Amendment ID: FY2014-S3-85

JUD 85

Lowell Drug Court

Ms. Donoghue moved that the proposed new text be amended in section 2, by inserting after item 0330-0559 the following new item:-

 

"XXXX-XXXX For the development and operation of a pilot drug court session at the Lowell District Court in Middlesex County that seeks to reduce recidivism, the impact of repeat drug offenders on the local criminal justice system, the drug-related court workload and can be replicated in other Massachusetts courts................$250,000."


Budget Amendment ID: FY2014-S3-86

JUD 86

Uniform Law Commission

Ms. Creem moved that the proposed new text be amended in section 2, by inserting after item 0810-0201 the following item:

 

“0810-0223 For the purpose of funding the Uniform Law Commission; provided, that prior fiscal year payments may be payable from this appropriation............................... $300,000”


Budget Amendment ID: FY2014-S3-87

JUD 87

Prisoners’ Legal Services

Ms. Clark, Ms. Creem, Ms. Jehlen and Ms. Chang-Diaz and Mr. Brownsberger moved that the proposed new text be amended in section 2, in item 0321-2100, by striking out the figure “$981,810” and inserting in place thereof the following figure:- “1,129,584”.


Budget Amendment ID: FY2014-S3-88

JUD 88

Access to Justice in Contesting Motor Vehicle Infractions

Ms. Creem and Mr.Michael O. Moore moved that the proposed new text be amended  by inserting, after section ___, the following new sections:-

 

SECTION __. The first paragraph of paragraph (4) of subsection (A) of section 3 of chapter 90C of the General Laws is hereby amended by striking the words “filing fees” and replacing them with the following:- “filing fees; provided further, that the filing fee shall be waived or refunded if the hearing results in a ruling that the violator is not responsible”

 

SECTION __. Subsection (a) of section 13 of chapter 6C of the General Laws is hereby amended by inserting at the end thereof the following new sentence:- Upon the completion of a successful appeal, violation administrative fees shall be refunded.

 

SECTION __. Subsection (b) of section 13 of Chapter 6C of the General Laws is hereby amended by inserting at the end thereof the following new sentence:- Upon the completion of a successful appeal, violation administrative fees shall be refunded.


Budget Amendment ID: FY2014-S3-89

JUD 89

Raising the Age Limit on Juvenile Jurisdiction

Ms. Creem and Messrs. Eldridge, Keenan and Michael O. Moore and Ms. Chang-Diaz moved that the proposed new text be amended Ms. Creem and Messrs. Eldridge, Keenan and Michael O. Moore and Ms. Chang-Diaz moved that the bill be amended by inserting, after section ___, the following new sections:-

 

SECTION __. Section 167 of chapter 6 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in lines 21, 23 and 24 the word “seventeen” and inserting in place thereof the following word:- eighteen

 

SECTION __. Section 20 of chapter 31 of the General Laws, as so appearing, is hereby amended by striking out in line 10 the word “seventeen” and inserting in place thereof the following word:- eighteen

 

SECTION __. Section 24 of chapter 37 of the General Laws, as so appearing, is hereby amended by striking out in paragraph (d) the word “seventeen” and inserting in place thereof the following word:- eighteen

 

SECTION __. Section 32H of chapter 94C, as most recently amended by sections 28 and 29 of Chapter 192 of the Acts of 2012, is hereby further amended by striking out in the last sentence the number “17” and inserting in place thereof the following number:- 18

 

SECTION __. Section 32M of chapter 94C of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out in line 6 the word “seventeen” and inserting in place thereof the following word:- eighteen

 

SECTION __. Section 36 of said chapter 94C, as so appearing, is hereby amended by striking out, in line 6 the word “seventeenth” and inserting in place thereof the following word:- eighteenth

 

SECTION __. Section 52 of said chapter 119, as so appearing, is hereby amended by striking out in line 5 in the definition of “Delinquent child” the word “seventeen” and inserting in place thereof the following word:- eighteen

 

SECTION __. Said section 52 of said chapter 119, as so appearing, is hereby further amended by striking out in line 14 in the definition of “Youthful offender” the word “seventeen” and inserting in place thereof the following word:- eighteen

 

SECTION __. Section 54 of said chapter 119, as so appearing, is hereby amended by striking out in lines 2 and 20 the word “seventeen” and inserting in place thereof the following word:- eighteen

 

SECTION __. The second sentence of the first paragraph of section 58 of said chapter 119, as most recently amended by section 16 of Chapter 176 of the Acts of 2011, is hereby amended by inserting in lines 9 and 10 after the words “or age nineteen in the case of a child whose case is disposed of after he has attained his eighteenth birthday” the following:-

 

or age twenty in the case of a child whose case is disposed of after he has attained his nineteenth birthday

 

SECTION __. The second paragraph of said section 58 of said chapter 119, as so appearing, is hereby further amended by inserting after the words “or nineteen in the case of a child whose case is disposed of after he has attained his eighteenth birthday” the following:-

 

, or twenty in the case of a child whose case is disposed of after he has attained his nineteenth birthday.

 

SECTION __. Said section 58 of said chapter 119, as so appearing, is hereby further amended by striking out in line 59 the word “seventeenth” and inserting in place thereof the following word:- eighteenth

 

SECTION __. Said section 58 of said chapter 119, as so appearing, is hereby further amended by inserting in line 81 after the words “child attains his eighteenth birthday” the following:-

 

or his nineteenth birthday in the case of a child whose case is disposed of after he has attained his eighteenth birthday

 

SECTION __. The second paragraph of section 60A of said chapter 119, as appearing in the 2010 Official Edition, is hereby amended by striking out the word “seventeenth” and inserting in place thereof the following word:- eighteenth

 

SECTION __. Said paragraph of said section of said chapter is hereby further amended by striking out the word, “seventeen” where it so appears and inserting in place thereof the following word:- eighteen

 

SECTION __. In clause (i) of paragraph 1 of section 63A of said chapter 119, as so appearing, is hereby amended by striking out the words “seventeen, or under the age of 18 and in state custody,” and inserting in place thereof the follow word:- eighteen

 

SECTION __. Section 65 of said chapter 119, as so appearing, is hereby amended by striking out in line 2 the word “seventeen” and inserting in place thereof the following word:- eighteen

 

SECTION __. Section 66 of said chapter 119, as so appearing, is hereby amended by striking out in lines 2 to 3, inclusive, and in line 5 the word “seventeen” and inserting in place thereof the following word:- eighteen

 

SECTION __. Section 67 of said chapter 119, as so appearing, is hereby amended by striking out in lines 2, 19, 20, 35 and 45 the word “seventeen” and inserting in place thereof the following word:- eighteen

 

SECTION __. Section 68 of said Chapter 119, as so appearing, is hereby amended by striking out in lines 2, 31 and 46 the word “seventeen” and inserting in place thereof the following word:- eighteen

 

SECTION __. Section 68A of said chapter 119, as so appearing, is hereby amended by striking out in line 1 the word “seventeen” and inserting in place thereof the following word:- eighteen

 

SECTION __. Section 70 of said chapter 119, as so appearing, is hereby amended by striking out in line 2 the word “seventeen” and inserting in place thereof the following word:- eighteen

 

SECTION __. Section 72 of said chapter 119, as so appearing, is hereby amended by striking out in line 8 the word “nineteenth” and inserting in place thereof the following word:- twentieth

 

SECTION __. Said section 72 of said chapter 119, as so appearing, is hereby further amended by striking out, in lines 9 to 12, inclusive, the words “seventeenth birthday, and is not apprehended until between his seventeenth and eighteenth birthday, the court shall deal with such child in the same manner as if he has not attained his seventeenth birthday” and inserting in place thereof the following:-

 

eighteenth birthday, and is not apprehended before his nineteenth birthday, the court shall deal with such child in the same manner as if he has not attained his eighteenth birthday

 

SECTION __. Section 72A of said chapter 119, as so appearing , is hereby amended by striking out in lines 2 to 3, inclusive, the words “seventeenth birthday, and is not apprehended until after his eighteenth birthday,” and inserting in place thereof the following:-

 

eighteenth birthday, and is not apprehended until after his nineteenth birthday,

 

SECTION __. Section 72B of said chapter 119, as so appearing, is hereby amended by striking out in lines 2, 7 and 24 the word “seventeenth” and inserting in place thereof the following word:- eighteenth

 

SECTION __. Section 74 of said chapter 119, as so appearing, is hereby amended by striking out in line 3 the word “seventeenth” and inserting in place thereof the following word:- eighteenth

 

SECTION __. Said section 74 of said chapter 119, as so appearing, is hereby further amended by striking out in lines 10 and 14 the word “seventeen” and inserting in place thereof the following word:- eighteen

 

SECTION __. Section 84 of said chapter 119, as so appearing, is hereby amended by striking out in line 11 the words “seventeen (or eighteen)” and inserting in place thereof the following:- eighteen (or nineteen)

 

SECTION __. Section 15 of chapter 120 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out in lines 3 and 4 the word “seventeen” and inserting in place thereof the following word:- eighteen

 

SECTION __. Section 21 of said chapter 120, as so appearing, is hereby amended by striking out in line 17 the word “seventeen” and inserting in place thereof the following word:- eighteen

 

SECTION __. Section 13 of chapter 250 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out in line 3 the word “seventeen” and inserting in place thereof the following word:- eighteen

 

SECTION __. Section 89A of chapter 276 of the General Laws, as so appearing, is hereby amended by striking out in line 3 the word “seventeen” and inserting in place thereof the following word:- eighteen

 

SECTION __. Section 2 of chapter 276A of the General Laws, as so appearing, is hereby amended by striking out in lines 6 and 10 the word “seventeen” in and inserting in place thereof the following word:- eighteen

 

SECTION __. Section 6B of chapter 280 of the General Laws, as so appearing, is hereby amended by striking out in line 3 the word “seventeen” and inserting in place thereof the following word:- eighteen


Budget Amendment ID: FY2014-S3-90

JUD 90

Collection of Data on Juvenile Justice

Ms. Creem and Mr. Tarr moved that the proposed new text be amended by inserting, after section ___, the following new section:-

 

SECTION __. (a) The purpose of this provision is to ensure that the Commonwealth establishes systems to collect accurate, consistent, and comprehensive data on juveniles’ contacts with officials in the law enforcement and juvenile justice systems in order to improve comprehensive state planning as required by Title 42 of the United States Code, section 5633.

(b) Definitions. As used in this section,

"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 sub-section (d).

“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.

(c) The Child Advocate shall create and update as may be appropriate an instrument to record statistical data at each point of contact identified in sub-section (d). 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.

(d) (i) 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 sub-section (c) 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;

(ii) Clerk magistrates shall collect the necessary information to complete the instrument identified in sub-section (c) 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.

(iii) The district attorneys shall collect the necessary information to complete the instrument identified in sub-section (c) 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.

(iv) The juvenile court department shall collect the necessary information to complete the instrument identified in sub-section (c) 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;

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

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

(6) adjudication as a delinquent;

(7) adjudication as a youthful offender;

(8) sentence to probation;

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

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

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

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

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

(v) The office of the commissioner of probation shall collect the necessary information to complete the instrument identified in sub-section (c) 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;

(vi) 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 sub-section (c) 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.

(vii) The superior court shall collect the necessary information to complete the instrument identified in sub-section (c) 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.

(viii) The department of correction and each sheriff’s department shall collect the necessary information to complete the instrument identified in sub-section (c) 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.

(ix) The parole board shall collect the necessary information to complete the instrument identified in sub-section (c) 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.

(e) (i) 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, 2013.

(1) The Commissioner of the Department of Correction

(2) Sheriffs of each County;

(3) The Parole Board;

(4) The Department of the State Police;

(5) Municipal police departments;

(6) The Massachusetts Bay Transportation Authority Police;

(7) School based police from any local education authority;

(8) Alternative Lock-up Programs; and

(9) any other contractor, vendor or service provider working with school based or other police officers.

(ii) 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, 2013

(iii) 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, 2013

(iv) 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, 2013

(f) 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.

(g) 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: FY2014-S3-91

JUD 91

CASA Programs

Ms. Candaras and Messrs. Finegold, Rush and Michael O. Moore moved that the proposed new text be amended in section 2, in item 0337-0002, by adding at the end therefor the following:- "provided, that the department shall expend funds for 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, provided further that $75,000 shall be expended for the Boston CASA Program".


Budget Amendment ID: FY2014-S3-92

JUD 92

Worcester District Attorney Moving Costs

Mr. Richard T. Moore and Ms. Flanagan and Ms. Chandler moved that the proposed new text be amended in section 2, by striking out item 0340-0400 and inserting in place thereof the following item:-

"0340-0400 For the Worcester district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program and the domestic violence unit; provided, that 50 per cent of fees payable under Massachusetts Rules of Criminal Procedure 15(d) and 30(c)(8) for appeals taken by the office shall  be paid from this item; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; and provided further, that $323,320 shall be expended for rent and lease costs and other related expenses in FY 2014………$9,700,583"


Budget Amendment ID: FY2014-S3-93-R1

Redraft JUD 93

Massachusetts Legal Assistance Corporation

Ms. Clark, Ms. Creem and Ms. Candaras and Messrs. DiDomenico, Rodrigues and Joyce and Ms. Chang-Diaz and Mr. Donnelly and Ms. O'Connor Ives and Mr. Barrett and Ms. Jehlen and Mr. Kennedy and Ms. Spilka and Messrs. Rush, Wolf, Brownsberger and Eldridge and Ms. Donoghue and Messrs. McGee and Finegold and Ms. Lovely moved that the proposed new text be amended in section 2, in item 0321-1600, by striking out the figure "$12,000,000" and inserting in place thereof the following figure:- "$13,000,000".