Judiciary Amendments

Budget Amendment ID: FY2015-S4-95

JUD 95

CASA Programs

Messrs. Finegold and Michael O. Moore moved that the proposed new text be amended in section 2, moved that the bill be amended in section 2, by inserting after item 0337-0002 the following item:

“0337-0003 For the operation of the Massachusetts Court Appointed Special Advocates (CASA) programs provided that in fiscal year 2015 CASA program funding shall not be reduced from the amount allocated to the CASA programs as appearing in items 0337-0300 (Hampden County CASA Program) and 0337-0600 (Northern Essex (Lawrence) County CASA Program) of section 2 of chapter 182 of the acts of 2008; provided further that $100,000 shall be expended for the Boston CASA Program; provided further that $100,000 shall be expended for the Worcester CASA Program; provided further that $100,000 shall be expended for the Franklin/Hampshire CASA Program.”…………………………………………………$545,841”

Budget Amendment ID: FY2015-S4-96-R1

Redraft JUD 96

Gloucester Juvenile Court

Mr. Tarr moved that the proposed new text be amended moved that the bill be amended by inserting, after section__, the following new section:-

"Notwithstanding any general or special act, law, rule or regulation to the contrary, the Chief Justice of the Juvenile Court, in consultation with the municipal officials, police departments, school systems, human service agencies involved with child welfare, and other stakeholders as the justice may deem appropriate which are within the jurisdiction of the Gloucester District Court, shall study the feasibility of developing and implementing a plan to ensure access to the juvenile court by the communities served by the Gloucester District Court through the presence of a satellite juvenile court housed in the Gloucester District Court and operating for the number of hours and days per month necessary to provide such access."

Budget Amendment ID: FY2015-S4-97-R2

2nd Redraft JUD 97

County Court Rental

Mr. Kennedy moved that the proposed new text be amended <w:p><w:r><w:t xml:space="preserve">by inserting after section 34 the following 3 sections:-

“SECTION 34A. Section 4 of chapter 29A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the word “utilities”, in line 20, the following words:- , county courthouse retiree health benefits, not less than $1 per square foot for administrative costs.

SECTION 34B. Said section 4 of said chapter 29A, as so appearing, is hereby further amended by inserting after the word “costs”, in line 27, the following words:- ; provided, however, that for the purposes of this section, “maintenance costs” may include healthcare benefits for retirees of the county courthouses.

SECTION 34C. Said section 4 of said chapter 29A, as so appearing, is hereby further amended by striking out, in line 47, the word “ninety” and inserting in place thereof the following figure:- 100.

SECTION 34D. Said section 4 of said chapter 29A, as so appearing, is hereby further amended by inserting after the word “expenditures", in line 54, the following words:- ; provided, however, that if the quarterly payment is more than 5 days late, the judicial branch shall pay to the county a penalty equal to 5 per cent of the quarterly payment due.”

Budget Amendment ID: FY2015-S4-98

JUD 98

Suffolk County Assistant Clerk

Mr. Petruccelli moved that the proposed new text be amended in section 2, in item 0320-0010, moved that the bill be amended in section 2, in item 0320-0010 by striking out the figures “$1,462,119” and inserting in place there of the following figures:- “$1,514,490”.;

and by inserting at the end the following new section:-

Section XX. “Section 28D1/2 of Chapter 278 of the General Laws, as appearing in the 2012 official addition, is hereby amended by inserting at the end the following words:-

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 percent of, an in addition to, the salaries established and paid to them as the 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 the clerical assistant in matters pertaining to the business of the appellate division. The clerical assistant, so designated, shall receive from the Commonwealth as salary an amount equal to 10 percent of, and in addition to, the salary established and paid to said employee in the position held by said employee in the office of the clerk.”;

Budget Amendment ID: FY2015-S4-101

JUD 101

Collection of Outstanding Delinquent Legal Fees

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

“SECTION__. Chapter 211D of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting, after subsection (i), the following subsection:-

(j) The clerk of the court shall submit a quarterly report to MassHealth, the department of transitional assistance and the registry of motor vehicles detailing the amount of any unresolved counsel fees owed by persons for whom counsel was appointed under this chapter. Said fees shall be considered by MassHealth and the department of transitional assistance as financial benefits to be repaid pursuant to section 22 of chapter 118E and section 5G of chapter 18. The registry of motor vehicles shall not issue or renew a person's driver's license or motor vehicle registration for any vehicle subsequently purchased by such person until it receives notification from the clerk of the court that the fee has been resolved.”

Budget Amendment ID: FY2015-S4-102

JUD 102

Assault on a Court Officer

Messrs. Brownsberger and Tarr moved that the proposed new text be amended moved that the bill be amended by adding the following new section:-

SECTION XX.Section 58 of chapter 30 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the word "custody", in line 19, the following words:- , or in the case of a court officer, receives bodily injuries resulting from acts of violence in the courtroom or public areas, holding areas and other designated areas of the courthouse or from subduing or apprehending escaping prisoners.

Budget Amendment ID: FY2015-S4-103

JUD 103

Increasing the use of community corrections in the supervision of criminal defendants and in the re-entry of incarcerated offenders

Mr. Brownsberger and Ms. Jehlen moved that the proposed new text be amended moved that the bill be amended by adding the following new sections:-

SECTION XX. Section 16 of chapter 125 of the General Laws, as appearing in 2010 Official Edition, is hereby amended by adding, at the end thereof, the following sentence:-

The commissioner of corrections may place female prisoners held for trial in a community corrections program under chapter 211F.

SECTION XX. Section 4 of chapter 126, as appearing in the 2010 Official Edition, is hereby amended by inserting, after the first sentence, the following sentence:-

The sheriff, superintendent, keeper or other officer in charge of the jail may place a person, who is charged with crime and committed for trial, in a community corrections program under chapter 211F.

SECTION XX. Section 48 of Chapter 127 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding, after the third sentence, the following sentence:- The commissioner or the administrators of county correctional facilities may place inmates in a community corrections program under chapter 211F.

SECTION XX. Section 49 of Chapter 127 of the General Laws, as so appearing, is hereby amended by adding after the word “facility” in line 7 the following sentence:- or to participate in a community corrections program under chapter 211F;

SECTION XX. Section 90A of Chapter 127 of the General Laws, as so appearing, is hereby amended by adding after subsection (e) the following subsection: - ; (f) to participate in a community corrections program under chapter 211F; or .

SECTION XX. Subsection (a) of section 3 of chapter 211F of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting at the end thereof the following sentences:-

Under section 49 of chapter 127, the commissioner of corrections or the administrator of a county correctional facility may place in a community corrections program an inmate eligible to participate in education, training or employment under section 48 of chapter 127. Under section 16 of chapter 125 or section 4 of chapter 126, the commissioner of corrections or the administrator of a county correctional facility may place a person who is being held for trial in a community corrections program under chapter 211F.

SECTION XX. Subsection (c) of section 3 of chapter 211F of the General Laws, as so appearing, is hereby amended by adding before the word “sentence”, in line 8, the following words:- court-ordered.

SECTION XX. Subsection (b) of section 4 of chapter 211F, as so appearing, is hereby amended by adding at the end thereof the following sentence: - and by the commissioner of corrections, under sections 48, 49 and 90A of chapter 127, for the purpose of re-entry and reintegration or, under section 16 of chapter 125 or section 4 of chapter 126, for the purpose of community supervision of persons held for trial.

Budget Amendment ID: FY2015-S4-104

JUD 104

Alternative Dispute Resolution

Mr. Brownsberger moved that the proposed new text be amended in section 2, moved that the bill be amended in section 2, by inserting after line item 0330-0300 the following:

"xxxx-xxxx for Alternative Dispute Resolution (ADR) programs and ADR training and education programs in the Boston Municipal Court, District Court, Housing Court, Juvenile Court, and Probate and Family Court Departments of the Trial Court………………………………………….$2,319,885”

Budget Amendment ID: FY2015-S4-105

JUD 105

Enhanced Courthouse Security

Messrs. Brownsberger and Kennedy moved that the proposed new text be amended in section 2, moved that the bill be amended in section 2, by inserting after line item 0330-0300 the following:-

"xxxx-xxxx for enhanced courthouse security; provided, that not more than $854,000 of the sum appropriated in this item shall be expended for the purchase of walk through metal detectors, package x-ray machines, CCTV system upgrades, and the installation of duress alarms; provided further, that not more than $1,354,166 of the sum appropriated shall be expended from this item for the expense of hiring and training of twenty additional Court Officer and twenty additional Associate Court Officer positions. ……………………………………………………………………………………………………………….$2,208,166”

Budget Amendment ID: FY2015-S4-106

JUD 106

Mass. Offender Recidivism Reduction

Mr. Rosenberg moved that the proposed new text be amended in section 2, in item 0330-0599, moved that the bill be amended in section 2, in item 0330-0599, by inserting after the words “new court locations;” the following:- “provided further that one new location shall be in a rural county experiencing high caseloads;”

Budget Amendment ID: FY2015-S4-107-R1

Redraft JUD 107

Massachusetts Legal Assistance Corporation

Messrs. Brownsberger and Donnelly, Ms. Creem, Messrs. Barrett, Wolf and Lewis, Ms. Chang-Diaz, Mr. DiDomenico, Ms. Candaras, Mr. Rodrigues, Ms. Forry, Ms. Jehlen, Mr. Eldridge, Ms. Lovely, Mr. Keenan, Ms. Donoghue, Ms. Spilka, Ms. O'Connor Ives, Messrs. Rush, Welch, Joyce, Finegold, McGee and Montigny moved that the proposed new text be amended in section 2, in item 0321-1600, moved that the bill be amended in section 2, in item 0321-1600, by striking out the figures ”13,000,000” and inserting in place thereof the figures “14,000,000”

Budget Amendment ID: FY2015-S4-108

JUD 108

Fund for Seized Abused Animals

Mr. Brownsberger, Ms. Candaras, Ms. Jehlen, Messrs. Lewis, Tarr, DiDomenico and Barrett moved that the proposed new text be amended in section 2, moved that the bill be amended in section 2, by inserting the following new item:-

0810-XXXX For a fund to provide reimbursement to any state, municipal, public or private agency or person for the purpose of the housing, care and welfare of any animal seized under sections 77 or 94 of chapter 272, until final disposition of such animal if such temporary care exceeded thirty days in duration and such costs exceed the amount of any bond or security posted under to section 104 of chapter 272. Nothing in this section shall prevent the Attorney General from obtaining or using funds from sources other than the account for the housing, care and welfare of any animal seized under said sections. At the end of each fiscal year any unexpended balance shall be retained in this fund for future use. Expenditures from this fund shall be disclosed in a manner consistent with the provisions of section 14C of chapter 7 of the general laws …………………………………………$100,000

Budget Amendment ID: FY2015-S4-109

JUD 109

Specialty Drug Courts

Ms. Donoghue, Ms. Candaras, Ms. Forry, Messrs. Michael O. Moore, Ross, Brownsberger, Montigny, Eldridge and Joyce moved that the proposed new text be amended in section 2, in item 0330-0601, moved that the bill be amended in section 2, in item 0330-0601, by striking out figure "$3,000,000" and inserting in place thereof the following figure:- "$5,000,000".

Budget Amendment ID: FY2015-S4-110

JUD 110

CPCS Private Counsel Rate and Cap Waiver

Messrs. Brownsberger and Eldridge, Ms. Creem, Ms. Candaras, Ms. Donoghue, Ms. Spilka, Messrs. Welch, Joyce, Downing, McGee and Lewis and Ms. Lovely moved that the proposed new text be amended moved that the bill be amended by inserting the following new section:-

SECTION XX. Chapter 211D, as appearing in the 2012 Official Edition, is hereby amended by striking out section 11, and inserting in place thereof the following:-

Section 11. (a) The rates of compensation payable to all counsel, who are appointed or assigned to represent indigents within the private counsel division of the committee in accordance with the provisions of paragraph (b) of section 6, shall, subject to appropriation, be as follows: for homicide cases the rate of compensation shall be $105 per hour; for superior court non-homicide cases, including sexually dangerous person cases, the rate of compensation shall be $65 per hour; for district court cases and children in need of services cases the rate of compensation shall be $52 per hour; for children and family law cases, care and protection cases, sex offender registry cases and mental health cases the rate of compensation shall be $52 per hour. These rates of compensation shall be reviewed periodically at public hearings held by the committee at appropriate locations throughout the state, and notice shall be given to all state, county and local bar associations and other interested groups, of such hearings by letter and publication in advance of such hearings. This periodic review shall take place not less than once every 3 years.

(b) The committee shall set an annual cap on billable hours not in excess of 1650 hours, provided however that such limitation shall not apply, if the chief counsel of the committee determines that a waiver shall be allowed due to:-

i)Limited availability of qualified counsel in that geographic location or practice area;

ii)Requirements for expertise rendering assignment to certain service providers would be more cost effective; or

iii)Demonstrated efficiency of the service provider shows that shifting the service to other providers will reduce the quality and increase the cost of the service. Counsel appointed or assigned to represent indigents within the private counsel division shall not be paid for any time billed in excess of the annual limit of 1,650 billable hours, provided, however, that if a waiver has been granted in accordance with this section counsel appointed or assigned to represent indigents within the private counsel division shall not be paid for any time billed in excess of an annual limit of 1,800 billable hours. It shall be the responsibility of private counsel to manage their billable hours.

(c) Any counsel who is appointed or assigned to represent indigents within the private counsel division, except any counsel appointed or assigned to represent indigents within the private counsel division in a homicide case, shall be prohibited from accepting any new appointment or assignment to represent indigents after that counsel has billed 1,350 billable hours during any fiscal year, provided however, that the limitation shall not apply if the chief counsel for the committee determines that a waiver shall be allowed due to factors set out in subsection (b) of this section.

Budget Amendment ID: FY2015-S4-111

JUD 111

Human Trafficking Update

Messrs. Montigny and Michael O. Moore moved that the proposed new text be amended moved that the bill be amended by inserting after section__the following new section:-

moves to amend the bill, in section 2, in item xxxx-xxxx, by adding the following words:- “; and provided further, that $ 1,000,000 shall be expended for the support of existing and creation of juvenile and adult safe house for victims of human trafficking”; and

by inserting after section 62 the following section:-

“SECTION 62A. Section 12 of chapter 120 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the figure ‘265’, in line 19, the following words:- ; or trafficking of persons for sexual servitude in violation of subsection (a) of section 50 of said chapter 265; or trafficking of persons for sexual servitude upon a person under 18 years of age in violation of subsection (b) of said section 50 of said chapter 265.”; and

by inserting after section 66 the following section:-

“SECTION 66A. The first paragraph of section 90A of chapter 127 of the General Laws, as so appearing, is hereby amended by striking out, in line 12, the words ‘or section twenty-six’ and inserting in place thereof the following words:- , section 26 or section 50.”; and

by inserting after section 82 the following section:-

“SECTION 82A. Said chapter 276 is hereby further amended by inserting after section 87A the following section:-

Section 87B. (a) Subject to appropriation, a court may, prior to the disposition of a defendant, divert the defendant charged with a first offense of section 8 or subsection (a) or (b) of section 53A of chapter 272 to a first offender prostitution solicitation program. The court shall continue the matter while the defendant fulfills the requirements of the program and retain jurisdiction pending the defendant’s successful completion of the program.

(b) The court shall determine if the defendant is eligible to participate in the first offender prostitution prevention program established pursuant to this section. The defendant shall not be eligible if the court determines that:

(i) the defendant was convicted or admitted to sufficient facts to a previous violation of section 8 or 53A of chapter 272 or a similar offense under the laws of another state;

(ii) the defendant was previously admitted to a first offender prostitution prevention program under this section;

(iii) the defendant has been charged with a violation of section said section 8 or 53A of said chapter 272 or a similar offense under the laws of another state and is awaiting adjudication of such offense;

(iv) the defendant has been charged with, convicted of or admitted to sufficient facts to a violation of section 50 or 51 of chapter 265; or

(v) the defendant is a registered sex offender under chapter 6 or under the laws of another jurisdiction.

(i) provide each participant with information, counseling and services relating to:

(A) the negative impact of commercial sex and sex trafficking on victims;

(B) the negative impact of commercial sex and sex trafficking on communities;

(C) the health risks involved in prostitution, including the risk of sexually transmitted diseases and issues relating to mental health, substance abuse and sexual addiction;

(D) the legal consequence to the defendant; and

(E) classroom instruction related to the prevention of prostitution and organized crime and the sex industry;

(ii) employ persons or solicit volunteers that may include, but shall not be limited to:

(A) health care professionals;

(B) psychologists;

(D) former prostitutes;

(E) members of a neighborhood association or community that is adversely affected by the commercial sex trade or trafficking of persons; or

(F) employees of a nongovernmental organization specializing in advocacy on laws related to sex trafficking or human trafficking or in providing services to victims of those offenses;

(iii) establish and publish local procedures to promote maximum participation of eligible defendants in programs established in the county or municipality in which such defendant reside;

(iv) allow a participant to withdraw from the program at any time before a trial on the merits has been initiated; and

(v) certify to the court that the defendant has successfully completed the requirements of the program, has failed to complete the program or has withdrawn from the program.

(d) Upon successful completion of the program, the court shall dismiss the charge against the defendant. Upon dismissal, the court may ordered the record of the defendant sealed.

(e) The court shall assess a fee of $750 for participation in the first offender prostitution solicitation program. The court shall not waive the fee but may reduce the fee based on a determination by probation that the defendant cannot pay the entire fee. The fee shall be distributed as follows:

(i) 1/3 shall be transferred to the nonprofit organization certified by the commissioner of probation to conduct the program;

(ii) 1/3 shall be transferred to the Human Trafficking Trust Fund established in section 66A of chapter 10; and

(iii) 1/3 shall be transferred to the police department responsible for the arrest of the defendant.

(f) The commissioner of probation shall, in consultation with the chair of the anti-human trafficking task force, review each organization that operates a first offender prostitution solicitation program and shall certify that the program is operating under the requirements of subsection (c). The commissioner shall notify the administrative office of the trial court of all programs receiving such certification. Only programs certified by the commissioner shall qualify to operate a program under this section. The commissioner, at the commissioner's discretion, may decertify a program for good cause at any time and the commissioner shall notify the administrative office of the trial court of such decertification.”; and

by inserting after section 123 the following 5 sections:-

“SECTION 123A. Subject to appropriation, the executive office of health and human services shall establish a pilot program supporting existing and creating new human trafficking safe houses to meet the unique needs of adult human trafficking victims. The department of youth services, in consultation with the department of children and families, shall establish a pilot program supporting existing and creating new human trafficking safe houses to meet the unique needs of child human trafficking victims. Under the pilot programs, the executive office of health and human services and the department of youth services shall develop and issue requests for proposals for the support and establishment of safe houses. Safe houses shall use the comprehensive services model which shall include, but not be limited to, intake assessment, intensive case management administered by trauma-trained-staff, shelter and housing, sustenance, healthcare, mental health services, dentistry, interpreter or translator services, substance abuse treatment, training on rights and services, literacy training, job training, life skills, employment assistance, transportation, 24-hour response, 24-hour security on the premises and legal services. Such services shall take into account the age, gender and special needs of the victims and the victim’s dependent children, if any.

SECTION 123B. (a) The executive office of public safety and security and the executive office of health and human services shall, in cooperation with other appropriate authorities: (i) coordinate the collection and sharing of human trafficking data among government agencies; provided, however, that such data shall respect the privacy of victims of human trafficking; and (ii) coordinate strategies and make recommendations for law enforcement to share information for the purposes of detecting individuals and groups engaged in human trafficking. The executive offices shall also periodically publish statistical data on human trafficking. The executive offices shall also establish a human trafficking definition for data collection purposes and establish screening tools and guidelines to assist in identifying victims.

(b) The executive office of public safety and security and the executive office of health of human services shall elicit the cooperation and assistance of other government agencies, non-governmental organizations, and other non-government organizations as appropriate to assist in the data collection required under paragraph (a) of this section.

(c) district attorney’s in each county of the commonwealth shall designate a human trafficking case coordinator who shall be responsible to make best efforts to collect information and submit to the executive office of public safety and executive office of health and human services in quarterly intervals relevant information to tracking progress on human trafficking, including but not limited to:

(i) numbers of investigations, arrests, prosecutions and successful convictions of human traffickers and those committing human trafficking-related crimes;

(ii) the estimated number and characteristics of persons engaged in violations of human

trafficking offenses and the number of persons who purchase or receive commercial sex acts or sexually-explicit performances, labor or services performed by victims of human trafficking;

(iii) statistics on the number and characteristics of victims of human trafficking, including nationality, age, method of recruitment and city, state and country of origin;

(iv) human trafficking routes and patterns if transportation took place; and

(v) social and economic factors that contribute to and foster the demand for all forms of exploitation of persons that leads to human trafficking.

(d) The executive office of public safety, in conjunction with the executive office of health and human services, shall establish and maintain a web portal to disseminate information regarding human trafficking violations and a clearinghouse of information for victims of human trafficking.

(e) Subject to appropriation, the executive office of public safety and security, in conjunction with the executive office of health and human services, shall support usage of the National Human Trafficking Resource Center Hotline, 1-888-373-7888, and its text number, BeFree or 233733, to report crimes of human trafficking and to provide confidential information to:

(i) provide a call referral map for the National Human Trafficking Resource Center Hotline;

(ii) maintain regular coordination among the referral providers on the map; and

(iii) develop and issue requests for proposals to support the hotline-related activities of the providers on the map.

SECTION 123C. (a) The executive office of public safety and security shall provide mandatory training for law enforcement agencies, prosecutors, public defenders, judges, juvenile detention center staff and others involved in the juvenile justice system and criminal justice system and to any other relevant officials in addressing human trafficking. Training shall include screening and data collection protocols.

(b) The training shall focus on:

(i) human trafficking offenses;

(ii) methods used in identifying United States citizen and foreign national victims of human trafficking, including preliminary interview techniques and appropriate questioning methods;

(iii) methods for prosecuting human traffickers;

(iv) methods for increasing effective collaboration with nongovernmental organizations and other relevant social service

organizations in the course of investigating and prosecuting a human trafficking case;

(v) methods for protecting the rights of victims of human trafficking, taking into account the need to consider human rights and

special needs of women and minor victims;

(vi) the necessity of treating victims of human trafficking as crime victims rather than criminals; and

(vii) methods for promoting the safety of victims of human trafficking.

(c) The executive office of public safety and securtiy shall seek the input and participation of appropriate nongovernmental organizations and other relevant organizations in the preparation and presentation of the training required pursuant to this section.

(d) The executive office of education shall develop and implement mandatory educational training for educators in kindergarten through grade 12 which would assist in identifying human trafficking victims and the appropriate actions to be undertaken when such victims have been identified. The executive office shall also develop a parent guide and teacher training material on internet safety and methods of preventing the exploitation of minors over the internet.

(e) The department of public health shall develop and implement mandatory training for all health care professionals who are mandated reporters to assist in identifying human trafficking victims and the appropriate actions to be undertaken when such victims have been identified.

SECTION 123D. (a) The executive office of health and human services, in cooperation with executive office of public safety and security and any other appropriate governmental agencies and nongovernmental organizations, shall prepare public awareness programs designed to educate potential victims of human trafficking and their families on the risks of victimization. The public awareness programs shall include, but not be limited to:

(i) information about the risks of becoming a victim of human trafficking, including information about common recruitment techniques, use of debt bondage and other coercive tactics, risk of maltreatment, rape, exposure to HIV/AIDS and other sexually-transmitted diseases and the psychological harm related to victimization in human trafficking cases;

(ii) information about the risks of engaging in commercial sex and possible punishment;

(iii) information about victims’ rights under state and federal laws;

(iv) methods for reporting suspected recruitment activities, including information on relevant hotlines; and

(v) information on the types of services available to victims of human trafficking and how to access such services, including information on relevant hotlines, such as the National Human Trafficking Resource Center hotline.

(b) The executive office of health and human services, in cooperation with other appropriate government agencies and nongovernmental organizations, shall prepare and disseminate general public awareness materials to educate the public on the extent of human trafficking of both United States citizens and foreign nationals within the United States, to discourage the demand that fosters the exploitation of persons and that leads to human trafficking.

(c) General public awareness materials may include information on the impact of human trafficking on individual victims, whether United States citizens or foreign nationals, aggregate information on human trafficking worldwide and domestically and warnings of the criminal consequences of engaging in human trafficking. Such materials may include pamphlets, brochures, posters, advertisements in mass media and any other appropriate media.

(d) Programs and materials described in this section shall preserve the privacy of the victim and the victim’s family.

(e) All public awareness programs shall be evaluated periodically to ensure their effectiveness.

SECTION 123E. (a) The executive office of public safety and security shall create a public awareness sign poster of not less than 8.5 x 11 inches in size that states:

‘If you or someone you know is being forced to engage in any activity and cannot leave, whether it is commercial sex, housework, farm work or any other activity, call the National Human Trafficking Resource Center Hotline at 1-888-3373-7888 to access help and services. Victims of human trafficking are protected under state and federal laws. The hotline is available 24 hours a day, 7 days a week, toll-free,operated by a nonprofit, nongovernmental organization. It is anonymous and confidential, accessible in 170 languages, able to provide help, referral to services, training and general information.’

(b) The Massachusetts Department of Transportation shall display public awareness signs in every transportation station, rest area and welcome center that is open to the public.

(c) A public awareness sign shall be displayed at the following locations in a place that is clearly conspicuous and visible to employees:

(i) adult entertainment facilities and any other sexually-oriented business;

(ii) entities found to be a nuisance for prostitution under section 4 of chapter 139 of the General Laws;

(iii) entities licensed as massage parlors;

(iv) job recruitment centers;

(v) hospitals; and

(vi) emergency care providers.”

Budget Amendment ID: FY2015-S4-112-R1

Redraft JUD 112

Committee for Public Counsel Services Competitive Salaries

Mr. Brownsberger, Ms. Forry, Mr. Eldridge, Ms. Creem, Ms. Candaras, Ms. Chang-Diaz, Mr. Rush, Ms. Spilka, Mr. Welch, Ms. Jehlen, Mr. Keenan and Ms. Lovely moved that the proposed new text be amended in section 2, in item 0321-1520, moves that the bill be amended by inserting after item 0321-1520 the following new item:-

0321-1521 For the retention of public attorneys in the employ of the Committee for Public Counsel Services with more than 3 years of experience; provided, that the committee shall transfer funds to the AA object class; provided further, that funds distributed from this item shall be used for retention purposes and shall not be transferred out of the AA object class; provided further, that not less than 60 days prior to the use of said funds, the committee shall notify the house and senate committees on ways and means prior to increasing the base compensation for said public attorneys...............................................................................$500,000

Budget Amendment ID: FY2015-S4-113

JUD 113

Authorizing Criteria for the Release of Terminally Ill Inmates to Alternative Locations of Confinement

Mr. Brownsberger and Ms. Jehlen moved that the proposed new text be amended moved that the bill be amended by inserting the following new section:-

SECTION X: Chapter 127 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after section 117A, the following new section:-

“117B. Terminally Ill Inmates.

The Commissioner of the Department of Correction or a Sheriff may petition a Court of original jurisdiction for an Order permitting the transfer of a terminally ill inmate, as certified by the physician or director of medical care at the correctional facility, to receive medically appropriate care at an alternative location of confinement, which shall include a hospital, nursing facility, residential care facility, hospice program or other setting where the inmate may receive hospice services from an entity licensed pursuant to section 57D of chapter 111; provided that the Commissioner or Sheriff shall order the return of the inmate to the correctional facility if at any time the physician or director of medical services subsequently determines that the inmate does not have a terminal medical condition, or that care outside the correctional facility is not medically appropriate.”

Budget Amendment ID: FY2015-S4-114

JUD 114

Prisoners' Legal Services

Messrs. Brownsberger and Eldridge, Ms. Creem and Ms. Jehlen moved that the proposed new text be amended in section 2, in item 0321-2100, moved that the bill be amended in section 2, in item 0321-2100, by striking the figures “$1,129,584” in item 0321-2100 and inserting in place thereof the figures “$1,209,696".

Budget Amendment ID: FY2015-S4-116-R1

Redraft JUD 116

Public Charity Integrity Amendment

Mr. Montigny moved that the proposed new text be amended moved that the bill be amended by inserting, after section____, the following new sections:-

SECTION___

SECTION 1. Chapter 12 of the General Laws is hereby amended by inserting after section 8F the following section:-

Section 8F 1/2. (a) For the purposes of this section, the following words shall have the following meanings:-

“Compensation”, anything given or received for or on account of services, not including (i) reimbursement for costs and expenses reasonably incurred by the independent officer, director or trustee in the course and support of such service, or (ii) any noncash items of value that may be set forth in regulations by the attorney general.

“Independent officer, director or trustee”, an officer, director or trustee of a public charity, not including an employee of the public charity or an employee of a subsidiary or affiliate of the public charity.

“Massachusetts based public charity”, a public charity incorporated or otherwise organized in Massachusetts or, if incorporated or organized outside of Massachusetts, that primarily conducts its business in Massachusetts.

“Professional fiduciary services”, fiduciary services provided as part of the ordinary course of the trade or business of an individual or institution.

(b) No Massachusetts based public charity required to be registered under section 8E and to file annual reports under section 8F shall provide compensation to any independent officer, director or trustee for service as an independent officer, director or trustee except with the approval of the attorney general under this section; provided, however, that an independent officer, director or trustee who provides professional fiduciary services to a Massachusetts based public charity may receive compensation for providing those services but shall not receive compensation for otherwise serving as an independent officer, director or trustee except with the approval of the attorney general under this section.

Any Massachusetts based public charity intending to provide compensation to any independent officer, director or trustee shall file an application with the division, on the forms and with the supporting information and documentation as the attorney general shall from time to time prescribe, requesting the approval of the attorney general to provide compensation.

The attorney general may adopt and promulgate guidelines, rules or regulations to carry out the provisions of this section including, but not limited to, the criteria for granting approval and the time period during which the approval shall be effective. The criteria shall recognize that service as an independent officer, director or trustee of a public charity is recognized as a voluntary contribution of time and expertise to benefit the community served by the public charity and that any departure from the voluntary nature of that service requires a clear and convincing showing that compensation is necessary to enable the public charity to attract and retain experienced and competent individuals to serve as independent officers, directors or trustees. These regulations may also authorize the attorney general to exempt categories of charities from the prohibition of this section if the exemption serves the public interest. Any regulations allowing for an exemption shall set forth the criteria for granting an exemption.

If the attorney general approves an application for compensation, the amount paid as compensation shall be limited to the amount the Massachusetts based public charity reasonably determines to be necessary to accomplish the purposes for which compensation is paid. The attorney general may rescind the approval for compensation if he finds that any compensation paid under this section is in excess of that reasonably necessary to accomplish the purposes for which compensation is approved and paid.

SECTION 2. Section 1 shall take effect 6 months after the effective date of this act.

Budget Amendment ID: FY2015-S4-117

JUD 117

Access to Justice in Contesting Motor Vehicle Infractions

Ms. Creem and Mr. Eldridge moved that the proposed new text be amended moved that the bill be amended by inserting, after section __, the following three new sections:-

SECTION __. The first paragraph of paragraph (4) of subsection (A) of section 3 of chapter 90C of the General Laws, as amended by chapter 27 of the acts of 2009, is hereby further amended by striking the following:- “magistrate.” and replacing it with the following:- “magistrate; provided, however, that the 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: FY2015-S4-118-R1

Redraft JUD 118

Housing Court Expansion

Messrs. Brownsberger and Eldridge, Ms. Spilka, Messrs. DiDomenico and Wolf, Ms. Jehlen, Messrs. Lewis, Barrett and Joyce moved that the proposed new text be amended moved that the bill be amended by inserting after section 81 the following 4 new sections:-

“SECTION 81A. Section 1 of chapter 185C of the General Laws, as so appearing, is hereby amended by striking out, in line 13, the word “Bristol” and inserting in place thereof the following words:- Barnstable, Nantucket, Dukes, Bristol.

SECTION 81B. Section 8 of said chapter 185C, as so appearing, is hereby amended by striking out, in line 3, the word “two” and inserting in place thereof the following figure:- 3.

SECTION 81C. Section 1 of chapter 211B of the General Laws, as so appearing, is hereby amended by striking out, in line 7, the figure “378” and inserting in place thereof the following figure:- 379.

SECTION 81D. Section 2 of said chapter 211B, as so appearing, is hereby amended by striking out, in line 2, the figure “10” and inserting in place thereof the following figure:- 11.” ; and

by inserting after section 131 the following section:-

“SECTION 131A. Sections 81A to 81D, inclusive, shall take effect on July 1, 2015.

Budget Amendment ID: FY2015-S4-119

JUD 119

Decedents' e-mail accounts

Ms. Creem moved that the proposed new text be amended moved that the bill be amended by inserting, after section __, the following three new sections:-

SECTION __. Subsection (a) of section 3-715 of chapter 190B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following paragraph:-

(28) gain reasonable access to the contents of an electronic mail account of the decedent upon receipt by the electronic mail service provider of: (i) a notarized written request for such access made by the personal representative, accompanied by a copy of the death certificate and a certified copy of the letter of appointment as personal representative; or (ii) an order of the probate court that has jurisdiction over the estate of the decedent. The electronic mail service provider shall provide access to the requested records within 60 days of receipt of the request. Failure of the provider to comply within said 60 days shall be a violation of this paragraph, entitling the requestor to apply for an appropriate order of the court directing compliance. This paragraph shall supersede provisions in the electronic mail service provider’s contractual limitations, terms and conditions or privacy policy; provided, however, that access to the contents of an electronic mail account shall not be provided if the provider shows, by clear and convincing evidence, that it offered opt-out language, separate and distinct from the standard agreement or terms of service, whereby the decedent affirmatively declined to have the decedent’s electronic mail account released after death. This paragraph shall not supersede language in the decedent’s will to the contrary. For purposes of this paragraph, the following words shall, unless the context otherwise requires, have the following meanings:

“Electronic mail account”, all electronic mail sent, received or created by an end-user of electronic mail services provided by an electronic mail service provider that is stored or recorded by the provider in the regular course of such services and any other electronic information stored or recorded by such provider that is directly related to the electronic mail services provided to the end-user by such provider, including, but not limited to, billing and payment information; provided, however, that this definition shall not apply to accounts created, administered, or hosted by an employer for an employee and intended to be used for professional purposes.

“Electronic mail service provider”, any person who is an intermediary in sending or receiving electronic mail and who provides to end-users of electronic mail services the ability to send or receive electronic mail.

SECTION __. Said section 3-715 of said chapter 190B, as appearing, is hereby further amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) Except as restricted or otherwise provided by the will or by an order in a formal proceeding and subject to the priorities stated in section 3-902, a special personal representative acting reasonably for the benefit of the interested persons, may properly exercise only those powers set forth in subsections (1), (2), (3), (5), (7), (12), (15), (18), (19), (20), (21), (22), (24), (26) and (28) of paragraph (a).

SECTION __. Paragraph (28) of subsection (a) and subsection (b) of section 3-715 of chapter 190B of the General Laws shall apply to: (i) all electronic mail accounts existing on or after October 1, 2015; and (ii) all instances in which the electronic mail account contents have been preserved by the electronic mail service provider as of October 1, 2015.

Budget Amendment ID: FY2015-S4-120

JUD 120

Special juveniles

Ms. Creem, Messrs. Brownsberger and Eldridge and Ms. Jehlen moved that the proposed new text be amended moved that the bill be amended by inserting, after section __, the following new section:-

SECTION __. Said chapter 119 of the General Laws, as so appearing, is hereby further amended by adding the following new section:--Section 39DD. (a) For the purposes of this section, the term “dependent on the court” shall mean subject to the jurisdiction of the court for the findings, orders, and referrals enumerated in this section but shall not constitute a finding of legal incompetence.

(b) The divisions of the probate and family court department shall hear petitions of persons, who have attained the age of 18 but remain under the age of 21, seeking a determination that, as a result of abuse, neglect, or abandonment that the petitioner suffered as a child, it is in the best interest of the petitioner not to return to the petitioner’s or the petitioner’s parent’s previous country of nationality or country of last habitual residence.

(c) Upon reviewing the petition and any supporting affidavits, the court shall issue findings of fact which (1) declare the petitioner dependent upon the court as defined in this section; (2) determine whether the petitioner suffered as a child from abuse, neglect or abandonment as those terms are defined in 110 CMR 2.00, chapter 119 or in section 3 of chapter 210 of the General Laws; (3) determine whether reunification with one or both parents is not viable due to the abuse, neglect, or abandonment; and (4) determine whether as a result of the abuse, neglect or abandonment, it is not in the petitioner’s best interest to be returned to the petitioner’s or the petitioner’s parent’s previous country of nationality or country of last habitual residence.

The health and safety of the petitioner shall be of paramount, but not exclusive, concern in the above determinations. When considering the health and safety of the petitioner, the court shall consider whether the petitioner’s present or past living conditions will adversely affect his physical, mental, moral or emotional health.

(d) The petitioner under this section may also request orders necessary to protect against further abuse, including, but not limited to, filing a complaint for an abuse prevention order as set out in chapter 209A of the General Laws.

(e) The court may refer the petitioner to a probation officer for assistance and such officer shall have the authority to make referrals to an appropriate public or private organization or person for psychiatric, psychological, educational, occupational, medical, dental or social services. The petitioner may not be compelled to participate in the referrals.

(f) The court shall hear the petition and issue the findings of fact under this section before the petitioner attains the age of 21.

(g) Nothing in this section shall be construed to prevent the divisions of the probate and family court department or the juvenile court department from issuing similar findings of fact to those in subsection (c) in any proceedings related to a child.

Budget Amendment ID: FY2015-S4-121

JUD 121

Social-media privacy protection

Ms. Creem, Ms. Spilka, Mr. DiDomenico and Ms. Jehlen moved that the proposed new text be amended moved that the bill be amended by inserting, after section __, the following three new sections:-

SECTION __. Section 150 of Chapter 149 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by adding in line 21 after the words “159C” the following:- “, 190”

SECTION __. Chapter 149 of the General Laws is hereby amended by adding the following section:-

Section 190. It shall be unlawful for any employer to:

(a) require, request, suggest, or cause an employee or applicant to disclose a user name, password or any other means for access, or provide access through a user name or password, to a personal social media account or service;

(b) compel an employee or applicant, as a condition of employment or consideration for employment, to add anyone, including the employer or their agent, to the employee or applicant’s list of contacts associated with a personal social media account or service; or

(c) take or threaten any adverse action against an employee or applicant for refusing to disclose any information specified in clause (a) of this section or for refusing to add the employer to a list of contacts associated with a social media account or service, as specified in clause (b) of this section.

(d) For the purposes of this section, “Social media” means an electronic medium allowing users to create, share, and view user-generated content, including, but not limited to, uploading or downloading videos or still photographs, blogs, video blogs, podcasts, messages, e-mails, or Internet Web site profiles or locations.

(e) This section shall not apply to: (1) any social media account or service opened for or provided by an employer and intended solely for professional purposes; or (2) information about an employee or applicant that ispublicly available. Nothing in this act shall be construed to prevent an employer from complying with the requirements of State or federal statutes, rules of regulations, case law or rules of self-regulatory organizations as defined in section 3(a)(26) of the Securities Exchange Act of 1934, as amended.

(f) Nothing in this section shall limit an employer’s right to promulgate and maintain lawful workplace policies governing the use of the employer’s electronic equipment, including policies regarding use of the internet, email, or social media.

SECTION __. Chapter 71 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 93 the following new section:-

Section 94. It shall be unlawful for any public or private institution providing elementary, secondary, or higher education to:

(a) require, request, suggest, or cause a student or applicant to disclose a user name, password or any other means for access, or provide access through a user name or password, to a personal social media account or service;

(b) compel a student or applicant, as a condition of acceptance or participation in curricular or extracurricular activities, to add anyone, including a coach, teacher, school administrator, or other school employee or school volunteer, to the student or applicant’s list of contacts associated with a personal social media account or service; or

(c) take or threaten any adverse action against a student or applicant, including restraining his or her participation in extracurricular activities, for refusing to disclose any information specified in clause (a) of this section or for refusing to add a coach, teacher, school administrator, or other school employee or school volunteer to a list of contacts associated with a social media account or service, as specified in clause (b) of this section.

(e) This section shall not apply to: (1) any social media account or service opened for or provided by an educational institution and intended solely for educational purposes; or (2) information about an employee or applicant that ispublicly available.

(f) Nothing in this section shall limit an educational institution’s right to promulgate and maintain lawful policies governing the use of the educational institution’s electronic equipment, including policies regarding use of the internet, email, or social media.

(g) Any aggrieved student or prospective student may institute a civil action for damages or to restrain any violation of this section and shall be entitled to recover liquidated damages computed at the rate of $1000 per improper request under subsection (a) or (b) or any adverse action is found under subsection (c) or actual damages, whichever amount is higher; punitive damages when a willful violation is found; and reasonable attorneys’ fees and other litigation costs reasonably incurred.

Budget Amendment ID: FY2015-S4-122

JUD 122

Parole Board Operations

Mr. Brownsberger and Ms. Candaras moved that the proposed new text be amended in section 2, in item 8950-0001, moved that the bill be amended in section 2, in item 8950-0001, by striking out the figures "18,069,188"and inserting in place thereof the figures "$18,469,188"

Budget Amendment ID: FY2015-S4-123-R2

2nd Redraft JUD 123

Massachusetts Commission Against Discrimination

Ms. Chang-Diaz, Ms. Forry, Ms. Candaras, Messrs. Montigny, DiDomenico and Barrett and Ms. Spilka moved that the proposed new text be amended in section 2, in item 0940-0100, <w:p><w:r><w:t xml:space="preserve">moved that the bill be amended in section 2, in item 0940-0100, by striking out the figure “2,457,846” and inserting in place thereof the following figure:- “2,857,846”.

Budget Amendment ID: FY2015-S4-124

JUD 124

State DNA Database Expansion

Messrs. Tarr and Ross moved that the proposed new text be amended moved that the bill be amended by inserting, after section__, the following new sections:-

“SECTION__. Section 3 of chapter 22E of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking the section in its entirety and inserting in place thereof following section: -

(a) Any person who is convicted of an offense that is punishable by imprisonment in the state prison and any person adjudicated a youthful offender by reason of an offense that would be punishable by imprisonment in the state prison if committed by an adult shall submit a DNA sample to the department.

(b) Any person who is arrested by virtue of process, or is taken into custody by an officer and charged with the commission of: (i) an offense listed in clause (i) of subsection (b) of section 25 of chapter 279; or (ii) section 17 or section 18 of chapter 266, and who upon arrest has been arraigned pursuant to the applicable court rules under the Massachusetts Rules of Criminal Procedure, shall submit a DNA sample to the department.

(c) The trial court and probation department shall work in conjunction with the director to establish and implement a system for the electronic notification to the department whenever a person is required to submit a DNA sample under this section. The sample shall be collected by a person authorized under section 4 of this chapter subsequent to arraignment, in accordance with regulations or procedures established by the director. The results of such sample shall be made part of the state DNA database.

SECTION__. Section 11 of chapter 22E of the General Laws, as most recently amended by chapter 192 of the acts of 2012, is hereby further amended by striking the section in its entirety and inserting in place thereof the following section:-

Any person required to provide a DNA sample pursuant to this chapter and who fails to provide such DNA sample shall be subject to punishment by a fine of not more than $2,000 or imprisonment in a jail or house of correction for not more than six months, or both.

SECTION__. Section 12 of chapter 22E of the General Laws, as appearing in the 2012 Official Edition, is hereby amended, in line 6, by striking out the figure “$1,000” and inserting in place thereof the following figure:- “$2,000”; and further, in line 7, by striking out the words “six months” and inserting in place thereof the following:- 1 year.

SECTION__. Section 13 of chapter 22E of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking, in line 4, the figure “$1,000” and inserting in place thereof the following figure:- “$2,000”; and further, in line 5, by striking the words “six months” and inserting in place thereof the following:- 1 year.

SECTION__. Section 15 of chapter 22E of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by adding the following subsections:-

(b) The department shall destroy the DNA sample and any records of a person related to the sample that were taken in connection with a particular alleged designated crime if the sample was collected post-arraignment under subsection (b) of section 3, and any of the following occurs: the felony charge which required the DNA sample is downgraded to a misdemeanor by the prosecuting attorney upon a plea agreement or the person is convicted of a lesser offense that is a misdemeanor other than one constituting abuse as defined in section 1 of chapter 209A or a sex offense for which registration is required pursuant to sections 178C to 178P of chapter 6; (ii) the person is acquitted after a trial of the charges which required the taking of the DNA sample; or (iii) the charges which required the taking of the DNA sample are dismissed by either the court or the state after arraignment unless good cause is shown why the sample should not be destroyed.

(c) If the person has more than one entry in the state DNA database, CODIS, or the state DNA data bank, only the entry related to the dismissed case shall be deleted.

(d) The trial court and probation department shall work in conjunction with the director to establish and implement a system for the electronic notification to the department whenever a DNA sample is required to be destroyed pursuant to this section. The department shall notify the person upon destroying the DNA sample and completing its responsibilities under this subsection.

(e) If a DNA sample is matched to another DNA sample during the course of a criminal investigation, the record of the match shall not be expunged even if the sample itself is expunged in accordance with the provisions of this section.”