Amendment #197 to H3400

Sex Offender Classifcation Hearings - No Paid Counsel

Representatives Jones of North Reading, Hill of Ipswich, Poirier of North Attleborough, Gifford of Wareham, Frost of Auburn and Smola of Warren move to amend the bill by inserting at the end thereof the following sections:—

“SECTION XX. Section 178L of chapter 6 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking in paragraph (a), in lines 26 through 28, inclusive, the words, ‘his right to retain counsel to represent him at such hearing and his right to have counsel appointed for him if he is found to be indigent as determined by the board using the standards under chapter 211D; provided, however, that such indigent offender may also apply for and the board may grant payment of fees for an expert witness in any case where the board in its classification proceeding intends to rely on the testimony or report of an expert witness prepared specifically for the purposes of the classification proceeding.’ and  inserting in place thereof the words:  and his right to retain counsel to represent him at such hearing.

SECTION XX. Section 178L of chapter 6 of the General Laws, as so appearing, is hereby amended by striking in paragraph (c), in lines 65 through 73, inclusive, the words, ‘his right to retain counsel to represent him at such hearing and his right to have counsel appointed for him if he is found to be indigent as determined by the board using the standards under chapter 211D; provided, however, that such indigent offender may also apply for and the board may grant payment of fees for an expert witness in any case where the board in its classification proceeding intends to rely on the testimony or report of an expert witness prepared specifically for the purposes of the classification proceeding.’ and inserting in place thereof the words:- and his right to retain counsel to represent him at such hearing.

SECTION XX. Section 178L of chapter 6 of the General Laws, as so appearing, is hereby amended by striking in subsection (2), in lines 84 through 87, inclusive, the sentence ‘The board shall inform offenders requesting a hearing under the provisions of subsection (1) of their right to have counsel appointed if a sex offender is deemed to be indigent as determined by the board using the standards under chapter 211D.’

SECTION XX. Section 178M of chapter 6 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking, in lines 3 to 5, inclusive, the words ‘The court shall, if requested, appoint counsel to represent the sex offender in the proceedings if such sex offender is deemed indigent in accordance with section 2 of chapter 211D.’”.

Additional co-sponsor(s) added to Amendment #197 to H3400

Sex Offender Classifcation Hearings - No Paid Counsel