Amendment ID: S2467-7

Amendment 7

Corrective Amendment

Ms. Spilka moves to amend the bill in section 1, in proposed section 2 of proposed chapter 276B of the General Laws, by inserting after the sixth sentence the following sentence:-  “A community-based justice program shall certify to the court that an offender has successfully completed the requirements of the program, failed to complete the program or has withdrawn from the program.”;

 in said section 1, by striking out, in line 31, the words “in which the arraignment occurred” and inserting in place thereof the following words:- “with jurisdiction over the offense”; and             

in said section 1, by striking out, in line 38, the words “serious bodily injury as determined by the judge” and inserting in place thereof the following words:- “substantial impairment by a physical condition including a burn, subdural hematoma, injury to an internal organ, an injury which occurs as the result of repeated harm to a bodily function or organ including human skin or a physical condition which puts a person’s health or welfare in substantial peril; provided, however, that an offense resulting in the fracture of a bone shall not be automatically excluded, but may be considered ineligible in light of the facts and circumstances of the case.”; and

in said section 1, by striking out the second and third sentences of proposed section 4 of proposed chapter 276B of the General Laws and inserting in place thereof the following 3 sentences:-

“Any communication made by a juvenile or an adult offender during the course of an assignment to a community-based restorative justice program shall be confidential and shall not be subject to disclosure in a judicial or administrative proceeding. Such evidence, however, may be admissible in such proceedings if that evidence was obtained through an independent source. Communications regarding crimes that would make a person ineligible for participation in a restorative justice program pursuant to section 3 shall be admissible.”.