Budget Amendment ID: FY2016-S3-618

EPS 618

Department of Correction Facilities

Messrs. Timilty, Ross, Barrett, Eldridge and Pacheco moved that the proposed new text be amended in section 2, in item 8900-0001, by adding the following words:- “provided further, that the department shall expend not less than $2,200,000 for cities and towns hosting department of correction facilities; provided further, that of the $2,200,000 for cities and towns, no city or town hosting a department of correction facility shall receive more than $800,000; and provided further, that of the $2,200,000 for cities and towns, no city or town hosting a department of correction facility shall receive less than the amount allocated in item 8900-0001 of section 2 of chapter 68 of the acts of 2011”; and in said section 2, in said item 8900-0001, by striking out the figure “$567,883,603” and inserting in place thereof the following figure:- “$570,083,603”.


Budget Amendment ID: FY2016-S3-619

EPS 619

Route 6 Traffic Enforcement

Mr. Wolf moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following: "provided further, that $30,000 shall be expended to the Eastham Police Department to be used in conjunction with the towns of Wellfleet, Truro and Provincetown to address the traffic safety issues on Route 6 from the Orleans rotary to Provincetown from May 22nd to October 18th"; and in said item by striking out the figures "$2,226,406" and inserting in place thereof the figures "$2,256,406".


Budget Amendment ID: FY2016-S3-620

EPS 620

Dukes County Sheriff’s Department

Mr. Wolf moved that the proposed new text be amended in section 2, in item 8910-8400, by striking out the figures "$2,915,947," and inserting in place thereof the figures "$3,433,612". 


Budget Amendment ID: FY2016-S3-621-R1

Redraft EPS 621

Essex County Regional Communications Center Fringe Costs

Mr. Tarr, Ms. Lovely and Ms. O'Connor Ives moved that the proposed new text be amended by inserting after section 104 the following section:-

“SECTION 104A. Notwithstanding section 163 of chapter 38 of the acts of 2013 or any other general or special law to the contrary, for fiscal year 2016, the state comptroller shall, upon the written approval of the secretary of administration and finance, exempt the Essex county sheriff’s department from all applicable charges or assessments made against grants to the Essex Regional Emergency Communications Center and monies derived from local aid cherry sheet charges to member communities pursuant to its authority under sections 5D and 6B of chapter 29 of the General Laws.”


Budget Amendment ID: FY2016-S3-622

EPS 622

National Guard Tuition and Fee Reimbursement

Messrs. Rush, Moore and McGee, Ms. Flanagan, Ms. O'Connor Ives, Ms. Gobi, Ms. Lovely, Messrs. Keenan, Eldridge and deMacedo and Ms. Forry moved that the proposed new text be amended in section 2, in item 8700-1150, by striking out the figure "$5,250,000" and inserting in place thereof the following figure:-  "$7,250,000"


Budget Amendment ID: FY2016-S3-623

EPS 623

Bristol County Fire Chiefs

Messrs. Rodrigues, Pacheco and Ross moved that the proposed new text be amended in section 2, in item 8324-0000, by inserting after “program” the following: “; provided further, that not less than $100,000 shall be expended for the Fire Chiefs Association of Bristol County to develop, upgrade and maintain the emergency radio communications system in Bristol County, and to provide equipment and training support to the Regional Technical Rescue Team in Bristol County ”; and in said item by striking out the figures “$21,000,065 and inserting in place thereof the figures “$21,100,065”.


Budget Amendment ID: FY2016-S3-624

EPS 624

Community Liaison Team

Mr. McGee moved that the proposed new text be amended in section 2, in item 8200-0200, by adding the following: “; provided further that not less than $600,000 shall be expended for the Community Liaison Team in the Lynn Police Department”; and in said item, by striking out the figures “$5,150,382” and inserting in place thereof the figures “$5,750,382”.


Budget Amendment ID: FY2016-S3-625

EPS 625

State Police Directed Patrols

Mr. McGee, Ms. O'Connor Ives, Mr. Kennedy, Ms. Forry, Messrs. Hedlund and Petruccelli moved that the proposed new text be amended in section 2, in item 8100-1001, after the words “criminal justice information services;” by inserting the following new words:- “provided further, that not less than $1,000,000 shall be expended for the payroll costs of the state police directed patrols; provided further, that subject to appropriation communities receiving funds for directed patrols in fiscal year 2008 shall receive an equal disbursement of funds in proportion to the current appropriation in fiscal year 2016;” ; and further, in the same section and same line-item, by striking the number “$267,709,501” and inserting in place thereof the following new number:- “$268,709,501”.


Budget Amendment ID: FY2016-S3-626

EPS 626

Townsend Public Safety Improvements

Ms. Flanagan moved that the proposed new text be amended in section 2, in item 8000-0600, By adding at the end thereof the following: “provided that not less than $50,000 be expended for public safety improvements in Townsend,” and in said item, by striking out the figures “$2,226,406” and inserting in place thereof the figures “2,276,406”


Budget Amendment ID: FY2016-S3-627

EPS 627

Public Safety Improvements in the Town of Braintree

Messrs. Keenan and Joyce moved that the proposed new text be amended in section 2, in item 8000-0600, by adding at the end thereof the following:-

“; and provided further, that not less than $150,000 shall be expended to the town of Braintree for public safety improvements”; and in said item, by striking out the figure “$2,226,406” and inserting in place thereof the following figure:- “$2,376,406”.


Budget Amendment ID: FY2016-S3-628

EPS 628

Summer State Police Patrols in Quincy

Mr. Keenan moved that the proposed new text be amended in section 2, in item 8100-1001, by adding at the end thereof the following:-

“; provided further, that not less than $90,000 shall be expended for additional patrols for the summer season at Wollaston Beach and Furnace Brook Parkway in the city of Quincy”, and in said item by striking out the figure “$267,709,501” and inserting in place thereof the following figure:- “$267,799,501”

 

 

 

 


Budget Amendment ID: FY2016-S3-629

EPS 629

Carbon Monoxide Protection

Mr. Donnelly moved that the proposed new text be amended by adding the following new section:-

 

"SECTION XX: Section 26F1/2 of chapter 148 of the General Laws, is hereby amended by inserting at the end thereof, the following sentences:-

 

For nonresidential buildings other than enclosed parking structures, and for nonresidential areas of a building that contains a mix of residential and nonresidential uses, carbon monoxide alarms shall be required only in areas or rooms containing a furnace, boiler, water heater, fireplace or any other apparatus, appliance or device that burns fossil fuel."


Budget Amendment ID: FY2016-S3-630-R1

Redraft EPS 630

Critical Stress Management for Correction Officers

Messrs. Donnelly, Rodrigues and Montigny, Ms. O'Connor Ives, Messrs. Rush and Eldridge, Ms. Gobi and Mr. Ross moved that the proposed new text be amended in section 2, in item 8900-0001, in item 8324-0000, by adding at the end thereof the following:-

"provided further, that $200,000 shall be allocated to the On-Site Academy to provide training and treatment programs for correctional officers from the Department of Corrections for critical incident stress management";

 

in said section 2, in item 8324-0000, by striking out the figure "21,000,065" and inserting in place thereof the following figure:- "21,200,065".


Budget Amendment ID: FY2016-S3-631

EPS 631

Quincy Fire Department Hazardous Material Response Team

Mr. Keenan moved that the proposed new text be amended in section 2, in item 8324-0000, by adding at the end thereof the following:-

“; and provided further, that $50,000 shall be provided for the Quincy fire department hazardous material response team", and in said item by striking out the figure “$21,000,065” and inserting in place thereof the following figure:- "$21,050,065”


Budget Amendment ID: FY2016-S3-632

EPS 632

Plymouth County Fire Mutual Aid Radio Network

Messrs. Keenan and Kennedy moved that the proposed new text be amended in section 2, in item 8324-0000, by adding at the end thereof the following:-

“;and provided further, that not less than $100,000 shall be expended for the Fire Chiefs’ Association of Plymouth County to develop and upgrade the emergency radio communications system in Plymouth County”, and in said item by striking out the figure “$21,000,065” and inserting in place thereof the following figure:- “$21,100,065”.


Budget Amendment ID: FY2016-S3-633

EPS 633

Public Safety in Holyoke

Mr. Humason moved that the proposed new text be amended in section 2, in item 8000-0600, by adding at the end thereof the following: "provided further, that not less than $50,000 shall be expended to the city of Holyoke for public safety improvements"; and further in said item, by striking out the figures "$2,226,406" and inserting in place thereof the following figures:- "2,276,406"


Budget Amendment ID: FY2016-S3-634

EPS 634

Decriminalization of Minor Offenses

Mr. Moore moved that the proposed new text be amended by inserting, after section ____, the following 6 sections:-

“SECTION _____.  Section 21D of chapter 40 of the General Laws, as so appearing, is hereby amended by inserting after the word “of”, in line 2,  the following words:- misdemeanors not ineligible for decriminalization under section 70C of chapter 277, any matters deemed civil infractions by any general or special law, and any.

SECTION _____.  Said section 21D of said chapter 40, as so appearing, is hereby amended by inserting, after the first paragraph, the following paragraph:-

A police officer taking cognizance of any such violation may request the offender to state the offender’s name and address. Whoever, upon such request, refuses to state such name and address, or states a false name and address or a name and address which is not the offender’s name and address in ordinary use, shall be punished by a fine of not less than $20 nor more than $50. Any such offender who refuses upon such request to state the offender’s name and address or states a false name and address or a name and address which is not the offender’s name and address in ordinary use may be arrested without a warrant.

SECTION _____. Said section 21D of said chapter 40, as so appearing, is hereby amended by inserting after the words “violation of a”, in line 7, the following words:- misdemeanor, civil infraction,.

SECTION _____. Said section 21D of said chapter 40, as so appearing, is hereby amended by striking out, in lines 9 and 10, the words “shall, or, if so provided in such ordinance or by-law, may,” and inserting in place thereof the following word:- may..

SECTION ______.  Said section 21D of said chapter 40, as so appearing, is hereby amended by inserting after the word “appropriate”, in  line 80,  the following words:- ,misdemeanor, civil infraction,.

SECTION _____. The seventh paragraph of said section 21D of said chapter 40, as so appearing, is hereby amended by adding the following 2 sentences:- Such persons shall also be punished by a fine of not less than $20 nor more than $50. If the person fails, without good cause, to appear in response to the summons and the court has satisfactory proof of service of said summons, an arrest warrant may be issued and shall be served by any officer authorized to serve criminal process.”

 

 


Budget Amendment ID: FY2016-S3-635

EPS 635

DOC Prison Industries

Messrs. Moore and Brownsberger, Ms. Flanagan, Messrs. Timilty, Eldridge and deMacedo moved that the proposed new text be amended in section 2, in item 8900-0011, by striking out the figure "$3,600,000" and inserting in place thereof the following figure:- "$5,600,000".


Budget Amendment ID: FY2016-S3-637-R1

Redraft EPS 637

Off-Highway Vehicle Titles

Mr. Moore moved that the proposed new text be amended by inserting after section 40 the following section:-

“SECTION 40A. Chapter 90B of the General Laws is hereby amended by inserting after section 22A the following section:-

Section 22B. Whoever acquires a snow vehicle or recreation vehicle shall apply for a certificate of title. The application shall be made within 10 days from taking ownership of the snow vehicle or recreation vehicle. The division shall not accept a new application for registration of a snow vehicle or recreation vehicle until the owner of the vehicle applies to the director for a certificate of title. The application for a certificate of title shall be made to the division on a form prescribed by the division that shall include: the name and address of the owner; a description of the titled snow vehicle or recreation vehicle; the name and address of the purchaser and the date of purchase; the name and address of any holder of a security interest; and any other information as the division may prescribe. The division shall file each application received and, when the division is satisfied that the application is genuine and that the applicant is entitled to the issuance of a certificate of title, shall issue a certificate of title for the vehicle. The division shall maintain a record of all certificates of title issued: (i) under a distinctive title number assigned to the vehicle; (ii) under the identifying number of the vehicle; and (iii) alphabetically under the name of the applicant owner. The application shall be accompanied by the prescribed fee and by any evidence as the division shall reasonably require establishing that the applicant is entitled to a certificate of title or a noted security interest. A certificate of title shall be required as proof of ownership of a titled snow vehicle or recreation vehicle on an application for registration as required by this chapter.

The division may cancel a certificate of title for due cause under law. Any person aggrieved by a ruling or decision of the division under this section may appeal, in writing, to the department. The fees for the issuance of a certificate of title and the notation of a security interest or other lien or encumbrance shall be determined by the commissioner; provided, however, that the fee shall not be less than $25. Fees collected pursuant to this section shall be deposited into the Massachusetts Environmental Police Trust Fund established in section 2LLLL of chapter 29.

No person shall possess or sell a titled snow vehicle or recreation vehicle without an original title or a legally transferred title. A person who violates this subsection shall be fined $100 for the first offense. A person who commits a subsequent violation of this subsection shall be fined an amount not less than $250 but not more than $500.”.


Budget Amendment ID: FY2016-S3-638-R1

Redraft EPS 638

Sheriffs

Mr. Moore moved that the proposed new text be amended by inserting after section 3 the following section:-

“SECTION 3A. Chapter 6 of the General Laws is hereby amended by adding the following section:-Section 218. There shall be a corrections advisory board, hereinafter called the board, to provide independent advice to the corrections’ providers, including the sheriffs, to: (i) improve coordination efforts between and among the sheriffs, the department of correction, the courts and community corrections programs; and (ii) identify and establish best practices in all aspects of corrections’ operations including, but not limited to, accounting, human resources, care and custody of inmates, special inmate populations, civil process, community corrections, health and mental health care management, inmate rehabilitation and reentry, capital, master and strategic planning, inmate tracking and transportation and procurement.

The board shall include: the secretary of public safety and security, the chair of the parole board, the commissioner of correction, the commissioner of probation, the secretary of administration and finance, the president of the Massachusetts Sheriffs Association, Inc., or their designees, each of whom shall serve ex-officio; 9 persons to be appointed by the governor, 1 of whom shall have experience in the areas of workforce development and ex-offender rehabilitation, 1 of whom shall have experience in the area of reintegration and rehabilitation of female ex-offenders, 1 of whom shall have experience in treating people with mental illness and substance abuse, 1 of whom shall have experience in government accounting practices, 1 of whom shall have experience in human resources management, 1 of whom shall have experience in independent auditing and 1 of whom shall be a representative of organized labor; 2 persons to be appointed by the president of the Massachusetts Sheriffs Association, Inc.; and 2 persons to be appointed by the chief justice of the supreme judicial court.  Appointed members shall serve for terms of 3 years.  In the event of a vacancy in office, a successor shall be appointed in like manner by the appropriate appointing authority. Ten members shall constitute a quorum and all members shall be voting members. The board shall annually elect a chairperson from among its members and shall be supported by the executive office for administration and finance. Board members shall be considered state employees for the purposes of chapter 268A.

The chairperson shall hold meetings at least quarterly, 1 of which shall be the annual meeting, and shall notify all board members and the sheriffs of the time and place of the meetings. Special meetings may be called at any time by a majority of the board members and shall be called by the chairperson upon written application of at least 8 members. Members of the board shall not receive compensation but shall be reimbursed for their expenses actually and necessarily incurred in the discharge of their duties.

The sheriffs and any other interested parties may address the board during its meetings and provide written information to the board for its consideration.

The board shall make a report, not later than June 1 of every even-numbered year and shall file a copy of the reportwith the governor, the clerks of the house and senate, the senate and house committees on ways and means, the joint committee on public safety and homeland security, the joint committee on the judiciary and the joint committee on state administration and regulatory oversight.”; and

by inserting after section 86 the following section:-

“SECTION 86A. Subject to appropriation, the human resources division in the executive office for administration and finance shall conduct, in consultation with the sheriffs and Massachusetts Sheriffs Association, Inc., a comprehensive assessment that shall lead to statewide standards for classification, recruitment, promotion, compensation and professional standards for sheriffs’ offices. The assessment shall include, but not be limited to, standardizing job titles and classification, job postings, minimum testing requirements and other employment practices. The human resources division shall issue a report of its assessment by April 30, 2016 and shall require that implementation of the standards shall begin not later than September 1, 2016. A copy of the human resources division’s assessment shall be sent to the senate and house chairs of the joint committee on state administration and regulatory oversight, the chairs of the house and senate committees on ways and means, the clerks of the house and senate, the senate and house chairs of the joint committee on public safety and homeland security, the secretary of administration and finance and the secretary of public safety and security.”


Budget Amendment ID: FY2016-S3-639-R1

Redraft EPS 639

Municipal Improvements for Tewksbury Fire Department

Mrs. L'Italien moved that the proposed new text be amended in section 2, in item 8324-0000, by adding the following words:- “;provided that no less than $90,000 be allocated to the Tewksbury Fire Department for municipal improvements to cover the cost of responding to Tewksbury State Hospital”.

and by striking out the figure "21,000,065" and inserting in place thereof the following figure:- "21,090,065 ".


Budget Amendment ID: FY2016-S3-640

EPS 640

Revenue collected from fees for the licensure of pipefitters

Mrs. L'Italien, Messrs. McGee, Lewis, Rush, Eldridge and Keenan, Ms. Gobi, Ms. O'Connor Ives, Mr. Moore, Ms. Forry and Mr. Lesser moved that the proposed new text be amended in section 2, in item 8315-1024, by striking out the figure "$180,000" and inserting in place thereof the figure:- "$600,000."


Budget Amendment ID: FY2016-S3-641-R1

Redraft EPS 641

Barnstable County Regional Communications Center

Messrs. deMacedo and Wolf moved that the proposed new text be amended by inserting after section 104, the following section:-

“SECTION 104A. Notwithstanding any general or special law to the contrary, for fiscal year 2016, the state comptroller shall, upon the written approval of the secretary of administration and finance, exempt the Barnstable county sheriff’s department from all applicable charges or assessments made against grants to the Barnstable County Communications Center and monies derived from local aid cherry sheet charges to member communities pursuant to its authority under sections 5D and 6B of chapter 29 of the General Laws.”


Budget Amendment ID: FY2016-S3-642

EPS 642

School Safety

Messrs. Humason, Tarr, Ross, deMacedo and Fattman moved that the proposed new text be amended by inserting, after section XX, the following new section:-

SECTION XX. The Executive Office of Public Safety and Security shall issue a report with recommendations for limiting the proximity to which a level 2 or level 3 registered sex offenders may reside to a public or private school or daycare facility. The Executive Office shall consider population and housing density, and municipality size when drafting recommendations. The Executive Office shall submit its report to the joint committee on public safety and homeland security and the joint committee on judiciary, and the clerks of the senate and the house by December 31, 2015.


Budget Amendment ID: FY2016-S3-643

EPS 643

The Big E

Mr. Humason moved that the proposed new text be amended in section 2, in item 1599-0026, by inserting at the end thereof the following:- “provided further that State Police shall promote and display the various units of the Massachusetts State Police during the Big E Fair held at Eastern State Exhibition”


Budget Amendment ID: FY2016-S3-644-R1

Redraft EPS 644

Taxiway Sierra

Mr. Humason moved that the proposed new text be amended in section 2, in item 8700-0001, by inserting after “national guard aviation facilities;” the following: “provided further, not less than $250,000 shall be expended for the project design for improvements to Taxiway Sierra at Barns National Air Guard Base”; and further in said item by striking out the figure “$9,973,671” and inserting in place thereof the following figure:- “$100,336,671”

 


Budget Amendment ID: FY2016-S3-645-R2

2nd Redraft EPS 645

Sandwich Public Safety Improvements

Mr. deMacedo moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following:- “; provided further, that not less than $100,000 shall be expended to the town of Pembroke for public safety improvements.”. and in said item by striking out the figures $2,226,406 and inserting in place thereof the figures $"2,326,406.".


Budget Amendment ID: FY2016-S3-646

EPS 646

Watertown Public Safety

Mr. Brownsberger moved that the proposed new text be amended in section 2, in item 8000-0600, by adding at the end thereof the following: "provided further that not less than $50,000 shall be expended to the town of Watertown for public safety improvements"; and in said item, by striking out the figures "$2,226,406" and inserting in place thereof the figures "$2,276,406"


Budget Amendment ID: FY2016-S3-647

EPS 647

Hopedale Fire Department Assistance

Mr. Fattman moved that the proposed new text be amended in section 2, in item 8324-0000, by inserting after the word "insurance" the following:-- "provided further, that $30,000 shall be provided for the Hopedale fire department hazardous material response team to upgrade equipment", and in said item by striking out the figures "$17,809,781" and inserting in place thereof the figures "$17,839,781".


Budget Amendment ID: FY2016-S3-648

EPS 648

Webster Fire Department

Mr. Fattman moved that the proposed new text be amended in section 2, in item 8324-0000, by inserting after the word "insurance" the following:-- "provided further, that $15,000 shall be provided for the Webster fire department to upgrade equipment", and in said item by striking out the figures "$17,809,781" and inserting in place thereof the figures "$17,824,781".


Budget Amendment ID: FY2016-S3-649

EPS 649

Municipal Police Staffing Grant

Mrs. L'Italien and Ms. Lovely moved that the proposed new text be amended in section 2, in item 1599-0026, by striking the figure “$3,000,000” and inserting in place thereof the following figure:- “$5,000,000”. 


Budget Amendment ID: FY2016-S3-650-R1

Redraft EPS 650

Town of Seekonk Public Safety Improvements

Mr. Timilty moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following:- “provided further, that not less than $50,000 shall be expended for public safety improvements in the town of Seekonk;" and in said section 2, in said item 8000-0600, by striking out the figures "$2,226,406" and inserting in place thereof the figures "$2,276,406"


Budget Amendment ID: FY2016-S3-651-R1

Redraft EPS 651

Police Training

Messrs. Timilty and Moore moved that the proposed new text be amended by inserting after section 3 the following section:-

"SECTION 3A.  Chapter 6 of the General Laws is hereby amended by inserting after section 116 the following section:-

Section 116 1/2. (a) Sums for the estimated expenses of providing annual in-service specialized and statutorily-mandated training programs conducted by the municipal police training committee for veteran and reserve municipal police officers and for those officers employed by agencies who exercise police powers and receive this training from the municipal police training committee, including, but not limited to, environmental police officers and campus police officers at the University of Massachusetts and state universities who exercise police powers, shall be paid to the commissioner of insurance by property and casualty insurance companies by means of a policy surcharge imposed upon a policyholder of a private passenger automobile policy issued by a property and casualty insurance company writing motor vehicle insurance policies in the commonwealth. These training programs shall include: new recruit training provided by the municipal police training committee; development and delivery of distance learning programs by the municipal police training committee; a standards and evaluations program for training courses and instructors of or certified by the municipal police training committee; the development and updating of training programs including curricula by the municipal police training committee; hiring, equipping and training new state police recruits; and the development and operation of a state police cadet program including the hiring, equipping and, subject to appropriation, training of state police cadets  and the estimated cost of fringe benefits associated with this training hiring and employment. The amount of any surcharge shall be separately stated on either a billing or policy declaration sent to the insured. The rate of the policy surcharge shall be determined and adjusted annually by the commissioner of insurance to a rate sufficient to generate a surcharge to fund the expenses estimated by the secretary of public safety and security for the purposes described in this subsection.

(b) The policy surcharge shall be collected and remitted to the commissioner of insurance by the property and casualty insurance companies writing motor vehicle insurance policies in the commonwealth on a quarterly basis not later than the twenty-fifth day of the month succeeding the end of the quarter in which it is collected. A company that fails or refuses to collect and remit the policy surcharge to the commissioner of insurance or whose surcharge payments are not postmarked by the due date for quarterly filing shall be liable for a penalty of up to $100 for each day of delinquency, to be assessed by the commissioner of insurance. The estimated costs shall include an amount equal to the cost of fringe benefits as established by the secretary of administration and finance under section 5D of chapter 29. Any surcharge collected in a fiscal year but not expended by the municipal police training committee or department of state police for the purposes set forth in this section shall be retained by the commonwealth solely for use by the municipal police training committee or department of state police."


Budget Amendment ID: FY2016-S3-652

EPS 652

Office of the Chief Medical Examiner

Messrs. Timilty and Moore moved that the proposed new text be amended in section 2, in item 8000-0105, by striking out the figures "$9,829,347" and inserting in place thereof the figures "$10,277,597".


Budget Amendment ID: FY2016-S3-653

EPS 653

Coordinated Security of the Commonwealth’s Ports

Messrs. Timilty and Tarr moved that the proposed new text be amended in section 2, by inserting the following new line-item:

“xxxx-xxxx For the implementation of a statewide port security camera network integrated with the United States Department of Homeland Security, United States Coast Guard, Massachusetts Emergency Management Agency, and all thirty municipal ports within Coast Guard Sector 1, including any community participating in the existing Urban Area Security Initiative (UASI); provided that every state dollar shall be matched by three dollars in federal funding from the Federal Emergency Management Agency . . . . .. . . . . .. . . . . . . . $650,000”

 


Budget Amendment ID: FY2016-S3-654

EPS 654

Middlesex Sheriff's Office

Ms. Flanagan, Messrs. Brownsberger and Eldridge, Ms. Gobi and Mr. Lewis moved that the proposed new text be amended in section 2, in item 8910-1101, By striking out the figures “$896,387” and inserting in place thereof the figures:- “$1,200,000”


Budget Amendment ID: FY2016-S3-655

EPS 655

Barnstable Sheriffs Retained Revenue

Mr. deMacedo moved that the proposed new text be amended in section 2, by inserting after item 8910-8200 the following item:- “8910-8210 For the Barnstable sheriff’s office, which may expend for the operation of the office an amount not to exceed $250,000 from revenues received from federal inmate reimbursements; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the office may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system…..$250,000.”.


Budget Amendment ID: FY2016-S3-656

EPS 656

DCF Background Check

Messrs. Tarr, Ross, deMacedo, Fattman and Humason moved that the proposed new text be amended by inserting after Section __, the following section:-

“SECTION __. Chapter 18B of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by adding at the end thereof the following new section:-

“SECTION 26. As part of the department’s licensing and background record check process, the department shall conduct fingerprint-based checks of the state and national criminal history databases, as authorized by 42 U.S.C. Section 16962, for all applicants to be adoptive or foster parents and their household members age 15 or older. Authorized department staff may receive criminal offender record information and the results of state and national criminal history databases checks, pursuant to 42 U.S.C. Section 16962. The department shall handle the information obtained under this section pursuant to section s167 to 178, inclusive, of chapter 6.

As part of the department’s approval process, the department, prior to issuing any approval, shall: (1) obtain from the sex offender registry board all available sex offender registry information associated with the address of the center, home or facility; and (2) conduct fingerprint-based checks of the state and national criminal history databases, pursuant to Public Law 92-544, that are required under this subsection. The fingerprint-based checks of the state and national criminal history databases shall be conducted, pursuant to Public Law 92-544, to determine the suitability of all applicants for employment, interns and volunteers who have the potential for unsupervised contact with children in any department-approved program. The fingerprint-based checks shall also be required to determine the suitability of any individual who provides transportation services on behalf of any department-approved program. Authorized department staff may receive all criminal offender record information and the results of checks of state and national criminal history information databases pursuant to Public Law 92-544. When the department obtains the results of checks of state and national criminal information databases, it shall treat the information according to sections 167 to 178, inclusive, of chapter 6 and the regulations thereunder regarding criminal offender record information.”.


Budget Amendment ID: FY2016-S3-657

EPS 657

Sex Offender Declassification Correction

Messrs. Tarr, Ross, deMacedo, Fattman, Moore and Humason moved that the proposed new text be amended by inserting after Section __, the following sections:-

SECTION __.  Section 178L of chapter 6 of the General Laws, as appearing in the 2012 Official edition, is hereby amended by striking out subsection (1)(b) and inserting there of the following subsection:-

(1)(b) The district attorney for the county where such sex offender was prosecuted may, within ten days of a conviction or adjudication of a sexually violent offense or a declassification of a sex offender, file a motion with the board to make an expedited recommended classification upon a showing that such sex offender poses a grave risk of imminent reoffense. If the petition is granted, the board shall make such recommendation within ten days of the expiration of the time to submit documentary evidence. If the petition is not granted, the board shall make such recommended classification as otherwise provided in this section.

 

SECTION __.  Section 14 of chapter 30A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting at the end of paragraph (3) the following words:-

“Notwithstanding the above, should the Sex Offender Registry Board or the Court issue a stay of a final classification in a Sex Offender Registry Board proceeding or court appeal held pursuant to G.L. chapter 6 § 178M, then such hearing shall be expedited and such stay shall be for no more than 60 days.


Budget Amendment ID: FY2016-S3-658

EPS 658

Sex Offender Registration Fee Collection

Messrs. Tarr, Ross, deMacedo, Fattman and Moore moved that the proposed new text be amended by inserting after Section __, the following section:-

“SECTION __. Section 178Q of chapter 6 of the General Laws is hereby amended by inserting at the end thereof, the following:— The sex offender registry board shall, within 60 days of initial sex offender registration and annual sex offender registration, report to the department of revenue, the department of transitional assistance and the registry of motor vehicles the amount of any sex offender registration fee owed by the sex offender. The department of revenue shall intercept payment of such fee from tax refunds due to persons who owe all or a portion of such fee. 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 sex offender registry board that the fee has been collected.”.


Budget Amendment ID: FY2016-S3-659

EPS 659

Bristol County Fire Chiefs

Messrs. Joyce, Montigny and Ross moved that the proposed new text be amended in section 2, in item 8324-0000, by adding at the end thereof the following:- “; provided further, that not less than $100,000 shall be expended for the Fire Chiefs Association of Bristol County to develop, upgrade and maintain the emergency radio communications system in Bristol County, and to provide equipment and training support to the Regional Technical Rescue Team in Bristol County”.


Budget Amendment ID: FY2016-S3-660

EPS 660

Weymouth Fire Department Safety Equipment

Mr. Hedlund moved that the proposed new text be amended in section 2, in item 8324-0000, by inserting the following:- "provided further that not less than $100,000 shall be expended to the Weymouth Fire Department for the purchase and upgrade of equipment”; and in said item, by striking out the figures “$21,000,065” and inserting in place thereof the figures “$21,100,065”.


Budget Amendment ID: FY2016-S3-661

EPS 661

Local Shannon Grant Funding

Mr. Joyce moved that the proposed new text be amended in section 2, in item 8100-0111, that the bill be amended in section 2, in item 8100-0111, by inserting at the end thereof the following:-

 

"; provided further, that not less than $100,000 shall be expended for violence prevention and intervention programming in the town of Randolph".


Budget Amendment ID: FY2016-S3-662

EPS 662

Norfolk County Regional Fire and Rescue Dispatch

Messrs. Joyce and Ross moved that the proposed new text be amended in section 2, in item 8324-0000, by adding at the end thereof the following:-

 

"; provided further, that the amount allocated for the Norfolk County Regional Fire and Rescue Dispatch Center in item 8324-0000 of section 2 of chapter 182 of the acts of 2008 shall be allocated in fiscal year 2016".


Budget Amendment ID: FY2016-S3-663-R1

Redraft EPS 663

Weymouth Police Department Safety Equipment

Mr. Hedlund moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- “;“provided further that not less than $100,000 shall be expended to the Weymouth Police Department”; and by striking out the figure "2,226,406" and inserting in place thereof the following figure:- "2,326,406".


Budget Amendment ID: FY2016-S3-664

EPS 664

Randolph Youth Violence Unit

Mr. Joyce moved that the proposed new text be amended in section 2, in item 8000-0600, by inserting the following:-

 

“; provided, that $100,000 shall be expended for the continuation of a youth violence and street crimes unit pursuant to section 2 of chapter 182, of the acts of 2008”.


Budget Amendment ID: FY2016-S3-665

EPS 665

Community Corrections for Pre-Trial Detainees and Criminal Defendants

Ms. Lovely, Ms. O'Connor Ives, Messrs. Tarr, Brownsberger and Eldridge and Mrs. L'Italien moved that the proposed new text be amended by inserting, after section ___, the following 10 new sections:-

 

"SECTION __. Section 16 of chapter 125 of the General Laws, as appearing in 2012 Official Edition, is hereby amended by adding, at the end thereof, the following sentence:-

 

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

 

SECTION __. Section 4 of chapter 126 of the General Laws, as so appearing, 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, upon approval of the commissioner of probation, place a person, who is charged with crime and committed for trial, in a community corrections program under chapter 211F.

 

SECTION __. Section 48 of Chapter 127 of the General Laws, as so appearing, is hereby amended by adding, after the third sentence, the following sentence:-

 

The commissioner or the administrators of county correctional facilities may, upon approval of the commissioner of probation, place inmates in a community corrections program under chapter 211F.

 

SECTION __. 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 __. 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 __. Subsection (a) of section 3 of chapter 211F of the General Laws, as so appearing, 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, upon approval of the commissioner of probation, 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, upon approval of the commissioner of probation, place a person who is being held for trial in a community corrections program under chapter 211F.

 

SECTION __. 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 __. Section 3 of chapter 211F of the General Laws, as so appearing, is hereby amended by adding the following subsection:-

 

(e) Participation in a community corrections program may be ordered by the court, in lieu of bail, or as a condition of release consistent with sections 57, 58, and 58A of chapter two hundred and seventy-six and subject to the eligibility requirements of this section.

 

SECTION __. Subsection (b) of section 4 of chapter 211F of the General Laws, 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.

 

SECTION __. Section 4 of chapter 211F of the General Laws, as so appearing, is hereby amended by adding the following subsection:-

 

(d) Community corrections programs may be utilized by the probation department for pretrial supervision consistent with section eighty-seven of chapter two hundred and seventy-six.


Budget Amendment ID: FY2016-S3-666-R1

Redraft EPS 666

Dispute Resolution

Messrs. Welch and Lesser moved that the proposed new text be amended in section 2, in item 8900-0001, by inserting the following:- "provided that not less than $68,000 shall be expended for Dispute Resolution Services, Inc., of Springfield"; and, in said item 8900-0001 by striking out the figure “$567,883,603” and inserting in place thereof the following figure:- “$567,951,603”.


Budget Amendment ID: FY2016-S3-667

EPS 667

C3 Policing

Mr. Welch moved that the proposed new text be amended in section 2, in item 8100-1001, by inserting the following:- "provided that not less than $200,000 be expended for the C3 policing program in Springfield"; and, in said item 8100-1001 by striking out the figure “$267,709,501” and inserting in place thereof the following figure:- “$267,909,501”.


Budget Amendment ID: FY2016-S3-668

EPS 668

Hampden Sheriff

Messrs. Welch and Lesser and Ms. Gobi moved that the proposed new text be amended in section 2, by inserting after item 8910-1030 the following item:-

 

"8910-2222 For the Hampden sheriff's office, which may expend for the operation of the office an amount not to exceed $650,000 from federal inmate reimbursements; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the office may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system ....... $650,000".


Budget Amendment ID: FY2016-S3-669

EPS 669

Pretrial Detoxification Facility Pilot Program

Ms. Lovely, Ms. O'Connor Ives, Messrs. Tarr and McGee and Mrs. L'Italien moved that the proposed new text be amended in section 2, by inserting after item 8910-0619 the following item:

 

"xxxx-xxxx For the operations of a pretrial detoxification unit within the Middleton House of Correction. A pretrial detoxification pilot program shall be established at the Essex County Sheriff’s Department Middleton House of Correction for the purpose of the creation and operation of a detoxification facility within the existing physical facilities. The secure unit will be run by medical and substance abuse treatment professionals. Section 20B of Chapter 217 of the Massachusetts General Laws provides the sheriff with the power and discretion to assign certain detainees to a pre-trial diversion program.  The proposed target populations of our new initiative are offenders that would be eligible to be classified to a pretrial diversion program under the statute. The creation and funding of new detoxification beds may provide alternatives to addicts becoming incarcerated for longer periods of time and may provide a more stable environment for these individuals over the long term.  The pilot program will track individual offenders from the point of court order to detoxification unit through the final   disposition of the case.  The report shall include, but not be limited to: (a) the number of pretrial offenders ordered to the detoxification unit; (b) the charges each offender faced; (c) the treatment received; (d) the court determination of pretrial status after initial court ordered detoxification; (e) final disposition of the mater(s) before the court; (f) the amount of time each individual was incarcerated pretrial.  This report shall be prepared and filed with house and senate committees on ways and means no later than December 15, 2016. The unit will provide substance abuse intervention, clinical treatment, and recovery support services to pretrial offenders.  A judge may order pretrial offenders who are substance-abuse impaired to be held in detoxification unit to receive treatment and to stabilize the individual.  After the initial court order to detoxification the individual will be returned to court for further determination of pretrial status…………………………………$2,000,000"


Budget Amendment ID: FY2016-S3-670

EPS 670

Public Safety Technology

Mr. Welch moved that the proposed new text be amended in section 2, in item 8000-0600, by inserting the following:- "provided that not less than $160,000 shall be expended for the New North Citizens' Council and the Springfield police department for ShotSpotter technology"; and, in said item 8000-0600 by striking out the figure “$2,226,406” and inserting in place thereof the following figure:- “$2,386,406".


Budget Amendment ID: FY2016-S3-671

EPS 671

Sexual Assault Nurse Examiner Program

Messrs. Rush, Moore and Lewis, Ms. Gobi, Ms. Forry and Mr. Ross moved that the proposed new text be amended in section 2, in item 4510-0810, by striking out the figures “$3,869,814” and inserting in place thereof the following figures:- “$4,595,000”


Budget Amendment ID: FY2016-S3-672

EPS 672

UMass Memorial - State Police STOP Team

Mr. Moore moved that the proposed new text be amended in section 2, in item 8100-1001, by inserting after the word  "parkways" the following: "provided further, the department shall execute a service contract with UMass Memorial Emergency Medical Services for no more than $60,000 for emergency and tactical medical support services and allocate no less than $20,000 for emergency and tactical supplies and equipment for use by the UMass Memorial Emergency Medical Services staff in performing said services"; and in said item, by striking out the figure "$267,709,501" and inserting in place thereof the figure "$267,789,501".


Budget Amendment ID: FY2016-S3-674-R1

Redraft EPS 674

Berkshire Sheriff

Mr. Downing moved that the proposed new text be amended in section 2, in item 8910-0145, by striking out the figure “$17,306,274” and inserting in place thereof the figure “$17,911,995”


Budget Amendment ID: FY2016-S3-675-R1

Redraft EPS 675

Hampshire Sheriff

Mr. Downing and Ms. Gobi moved that the proposed new text be amended in section 2, in item 8910-0110, by striking out the figure “$13,323,440” and inserting in place thereof the figure “13,788,885”, and further, in line 8910-1112 by striking the figure “$167,352” each time it appears, and inserting in place thereof the figure “$200,000”


Budget Amendment ID: FY2016-S3-676-R1

Redraft EPS 676

Franklin Sheriff

Mr. Downing moved that the proposed new text be amended in section 2, in item 8910-0108, by inserting at the end thereof the following: “provided further, that not less than $200,000 shall be expended for the Franklin County Opioid Education and Awareness Task Force”, and further in said item by striking out the figure “$14,297,242” and inserting in place thereof the figure “14,497,242”


Budget Amendment ID: FY2016-S3-677

EPS 677

Boston Fire Department's Training Academy

Ms. Forry, Messrs. Rush and Brownsberger moved that the proposed new text be amended in section 2, in item 8324-0000, by inserting after the words “the amount collected for critical incident stress intervention programs” the following words:-

“and fire department training academies”; and in said item, by striking out the figures “$21,000,065 and inserting in place thereof the figures :- “22,750,065”


Budget Amendment ID: FY2016-S3-678

EPS 678

Massachusetts Sheriffs' Association

Ms. Forry and Mr. Timilty moved that the proposed new text be amended in section 2, in item 8910-7110, by striking out the figures "$344,790" and inserting in place thereof the figure: - "$379,790"


Budget Amendment ID: FY2016-S3-680

EPS 680

Bristol Sheriff’s Office

Messrs. Timilty and Ross moved that the proposed new text be amended in section 2, in item 8910-8300, by striking out the figures "$44,134,993" and inserting in place thereof the figures "$50,253,428".


Budget Amendment ID: FY2016-S3-681-R1

Redraft EPS 681

Sex Offender Offence Tracking and Accountability

Messrs. Tarr, Ross, deMacedo, Fattman, Moore and Humason and Ms. Flanagan moved that the proposed new text be amended by inserting, after section _____, the following new section:-

“SECTION _____. Subsection (e) of section 16 of chapter 123 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:-

The facility shall notify the district attorney which has or had jurisdiction of the criminal case if such approval is sought.”


Budget Amendment ID: FY2016-S3-682

EPS 682

Lawrence Public Safety Center

Mrs. L'Italien moved that the proposed new text be amended in section 2, in item 8100-1001, by adding at the end thereof the following new language:- "provided further, that $2,000,000 shall be expended for the Lawrence Public Safety Center."


Budget Amendment ID: FY2016-S3-683-R2

2nd Redraft EPS 683

Worcester & Franklin County Sheriffs

Ms. Chandler, Mr. Moore and Ms. Gobi moved that the proposed new text be amended in section 2, in item 8910-0105, by adding to the end thereof, the following: “provided, that not less than $500,000 shall be expended for mental health services.”

And further moves to amend said line item by striking out the figure " 45,424,583" and inserting in place thereof the following figure:- " 45,924,583".

And further moves that the bill be amended, in Section 2, in item 8910-0108, by adding the following words: “; provided further, that $185,000 shall be provided for a pilot program for Training Active Bystanders; provider further, that said pilot program should seek out federal matching grants” ; and inserting in and in said Section 2, in said item 8910-0108, by striking out the figure “$14,297,242” and inserting in place thereof the following figure:- “$14,482,242”.


Budget Amendment ID: FY2016-S3-684-R1

Redraft EPS 684

North Attleboro Public Safety Improvements

Mr. Ross moved that the proposed new text be amended in section 2, in item 8000-0600, by inserting at the end thereof the following:- “provided further, that not less than $50,000 shall be expended to the town of North Attleboro for public safety improvements;” and

in said section 2, in said item 8000-0600, by striking out the figure “2,226,406” and inserting in place thereof the following figure:- “2,276,406”.


Budget Amendment ID: FY2016-S3-685

EPS 685

Prison Rehabilitation and Reentry Programming

Ms. Chang-Diaz moved that the proposed new text be amended in section 2, in item 8900-0001, by inserting after the words “all prisoners confined in each prison operated by the department,” the following words:-

“; provided further, that not less than $850,000 be expended on rehabilitation and reentry programming within Department of Correction facilities, and that such programming shall include but not be limited to year round academic education, substance abuse treatment and education, cognitive behavioral therapy, and violence reduction programs;”

and by striking out the figure “567,883,603,” and inserting in place thereof the following figure:- “568,733,603”.


Budget Amendment ID: FY2016-S3-686

EPS 686

Uxbridge Public Safety

Mr. Fattman moved that the proposed new text be amended in section 2, in Section 2, in line item 8000-4611, by adding the following: "provided further, that $25,000 shall be expended for the public safety communications equipment improvement initiative for the Town of Uxbridge.”.


Budget Amendment ID: FY2016-S3-687

EPS 687

Providing Oversight of Crime Labs

Messrs. Tarr, Ross, deMacedo, Fattman and Humason moved that the proposed new text be amended by inserting after Section __, the following section:-

 

Section __.

SECTION 1.  Chapter 6 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after section 184A the following section:-

SECTION 184B.  (a) There shall be established a forensic services drug laboratory oversight board within, but not subject to the control of, the executive office of public safety and security.   The board shall consist of the secretary of public safety and security or a designee; the governor or a designee;  the attorney general or a designee; the inspector general or a designee; and the colonel of state police or a designee.

(b)  At the direction of the board, the undersecretary of public safety for forensic sciences shall advise and report to the board on the administration and delivery of forensic services at such facilities.

(c) The board shall have oversight authority over all commonwealth facilities engaged in forensic services in criminal investigations.  The board shall ensure every such facility is actively accredited with the American Society of Crime Laboratory Directors/Laboratory Accreditation Board and compliant with standards promulgated by the International Organization for Standardization (IOS).   The board shall receive quarterly reports from the undersecretary for forensic sciences which shall include, but not be limited to, the following information:

(i)  the volume of forensic services at each facility;

(ii)  the volume of forensic services of each employee at such facilities;

(iii)  the costs and length of time from submission for testing or procedures and the return of results from such facilities;

(iv)  compliance with accreditation standards of such facilities; and

(v)  facility employee records, qualifications, and incident reports; provided,  however, that any suspected or potential criminal wrongdoing shall be promptly referred to the attorney general for prosecution.

An electronic summary of said reports shall be submitted to the clerks of the senate and house of representatives and the chairs and ranking minority members of the joint committee on public safety and homeland security.

(d) The board shall promulgate rules and regulations necessary to carry out this section; provided, however, that said regulations shall require:

(i)  facilities engaged in forensic services in criminal investigations to be actively accredited by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board and compliant with standards promulgated by the International Organization for Standardization (ISO);

(ii)  the forensic sciences advisory board to hold  not less than 1 public hearing a year; and

(iii)  the undersecretary for forensic sciences to receive anonymous complaints of employee or facility misfeasance or deviation from accreditation standards;

The oversight board shall consider the input of the forensic sciences advisory board prior to implementing said rules and regulations.


Budget Amendment ID: FY2016-S3-688

EPS 688

Carbon Monoxide Detectors in Schools

Messrs. deMacedo, Rush, Tarr, Ross and Humason moved that the proposed new text be amended by inserting after section xxxx the following new section: "SECTION XXXX.

SECTION 1. Section 26F½ of said chapter 148 , as appearing in the 2012 Official Edition, is hereby amended by inserting after subsection (a) the following subsection:-

(a½) Each school building that provides public or private education for children in kindergarten through grade 12 that: (1) contains fossil-fuel burning equipment including, but not limited to, a furnace, boiler, water heater, fireplace or any other apparatus, appliance or device that burns fossil fuel; or (2) incorporates enclosed parking within its structure shall install carbon monoxide alarms under the regulations of the board of fire prevention.

SECTION 2. Notwithstanding subsection (a½) of section 26F½ of chapter 148 of the General Laws, the board of fire prevention shall allow the temporary use of battery-operated carbon monoxide alarms.

SECTION 3. Section 2 is hereby repealed.

SECTION 4. Section 3 shall take effect on January 1, 2022.

SECTION 5. Unless otherwise provided, this act shall take effect on January 1, 2017."


Budget Amendment ID: FY2016-S3-689

EPS 689

Clinical Staff at Bridgewater State Hospital

Mr. Brownsberger moved that the proposed new text be amended in section 2, in item 8900-0001, by adding the following words after the words "Dismas House in Worcester":-

"; provided further, that not less than $9,004,000 shall be expended for the hiring and training of clinical staff at Bridgewater state hospital";

and by striking out the figure "$567,883,603" and inserting in place thereof "576,887,603".


Budget Amendment ID: FY2016-S3-690

EPS 690

Victim and Witness Protection Program

Messrs. Brownsberger and Moore moved that the proposed new text be amended in section 2, in item 8000-0038, by striking out the figure "$94,245" and inserting in place thereof the figure "$188,490".


Budget Amendment ID: FY2016-S3-691-R2

2nd Redraft EPS 691

Town of Hopedale 911 Dispatch

Mr. Fattman moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- “;provided further, that $60,000 shall be expended for the public safety communications equipment improvement initiative for the Town of Hopedale”and by striking out the figure "2,226,406" and inserting in place thereof the following figure:- "2,286,406".


Budget Amendment ID: FY2016-S3-692-R1

Redraft EPS 692

Firearms Data Collection

Ms. Creem moved that the proposed new text be amended by inserting after section 4 the following section:-

 

“SECTION 4A.  Clause (10) of section 18 ¾ of said chapter 6A, as appearing in section 4 of chapter 284 of the acts of 2014, is hereby amended by striking out the words “and (v) the effectiveness of section 128B of chapter 140” and inserting in place thereof the following words:- “(v) the effectiveness of section 128B of chapter 140; and (vi) aggregate data concerning the annual number of transactions involving multiple purchases of firearms and the purchase of 5 or more firearms in a 4-month period by the same licensee, including an analysis of whether any such firearms were used in a crime identified and reported under section 131Q of chapter 140."; and

by inserting after section 46 the following section:-

“SECTION 46A. The second paragraph of section 131Q of chapter 140 of the General Laws, as appearing in section 70 of chapter 284 of the acts of 2014, is hereby amended by inserting after the words “in this section” the following words:- and data analyzing whether the license number used for the purchase or transfer of a firearm used in a crime was associated with the purchase or transfer of another firearm within a 12-month period and the number of such firearms purchased or transferred.”


Budget Amendment ID: FY2016-S3-693-R1

Redraft EPS 693

Millis Fire Department

Mr. Ross moved that the proposed new text be amended in section 2, in item 8324-0000, by inserting the following words: “provided further, that not less than $100,000 shall be expended to the Millis Fire Department to initiate funding for advanced life support, for the town of Millis Ambulance Service;” and in said section 2, in said item 8324-0000, by striking out the figure “21,000,065” and inserting in place thereof the following figure:- “21,100,065”.


Budget Amendment ID: FY2016-S3-694-R1

Redraft EPS 694

Public Safety Staffing Grants

Mr. Rodrigues moved that the proposed new text be amended in section 2, in item 1599-0026, in line 16 by striking out the figure “$3,000,000” and inserting in place thereof the following figure:- "$4,250,000” and in said item by striking out the words “(b) demonstrate that their police departments had an operating budget per capita of less than $200 in 2010;” and inserting in place thereof the following:- “(b) demonstrate that their police or fire departments had an operating budget per capita of less than $200 in 2010; provided further, that grant funds under this item shall only be provided to communities who submitted qualifying applications that were approved by the executive office of public safety and security in fiscal year 2015;

 


Budget Amendment ID: FY2016-S3-695

EPS 695

Lowell Post Release Center

Ms. Donoghue, Messrs. Brownsberger and Eldridge moved that the proposed new text be amended in section 2, in item 8910-0107, by inserting in line 1 after the word “office” the following:

“; provided, that $750,000 be expended for the establishment and operation of a post release center located within the existing Lowell Office of Community Corrections building to work with inmates and released offenders providing continuity of health care through intensive patient management and substance abuse prevention and education; active career counseling; placement in CORI friendly jobs; continuing educational services; and assistance with obtaining housing, transportation vouchers and additional transitional assistance to help individuals successfully re-enter the community with the mission to reduce recidivism, generate cost savings for the Commonwealth and increase public safety; provided further, that the Middlesex Sheriff’s Office shall file an annual report by December 31st of each year with Joint Committee on Ways and Means, including data about the number of individuals participating in each of the respective programs, number of released offenders who have secured job placement, number of program participants that have not re-offended, and additional measures of program success;”;

And in said item, by striking out the figure “68,032,130” and inserting in place thereof the following figure:- “68,782,130”.


Budget Amendment ID: FY2016-S3-696

EPS 696

Municipal Police Training

Messrs. Hedlund, deMacedo and Moore, Ms. Flanagan, Messrs. Tarr, Keenan, Ross and Fattman moved that the proposed new text be amended in section 2, in item 8200-0200, by striking out the figures "5,150,382" and inserting in place thereof the figures "5,937,625"


Budget Amendment ID: FY2016-S3-697

EPS 697

Shannon Grants

Ms. Donoghue, Messrs. Timilty and Moore, Ms. Forry, Messrs. McGee, Welch and Kennedy, Ms. O'Connor Ives, Mr. Rush, Ms. Lovely, Messrs. Keenan and Montigny and Ms. Chang-Diaz moved that the proposed new text be amended in section 2, in item 8100-0111, by striking out the figure "6,000,000" and inserting in place thereof the following figure:- "8,000,000".


Budget Amendment ID: FY2016-S3-698-R1

Redraft EPS 698

Medical Placement of Terminal and Incapacitated Inmates

Ms. Chang-Diaz moved that the proposed new text be amended by striking out section 46 and inserting in place thereof the following section:-

“SECTION 46. Chapter 127 of the General Laws is hereby amended by inserting after section 119 the following section:-

Section 119A. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

“Conditional medical parole plan”, a comprehensive written medical and psychosocial care plan that is specific to the prisoner and shall include, but not be limited to: (i) the proposed course of treatment; (ii) the proposed site for treatment and post-treatment care; (iii) documentation that medical providers qualified to provide the medical services identified in the conditional medical parole plan are prepared to provide those services; and (iv) the financial program in place to cover the cost of the plan for the duration of the conditional medical parole which shall include eligibility for enrollment in commercial insurance, Medicare or Medicaid or access to other adequate financial resources for the duration of the conditional medical parole.

“Department”, the department of correction.

“Permanent and total disability”, as determined by a licensed physician, a permanent and irreversible physical incapacitation as a result of an existing physical or medical condition that was unknown at the time of sentencing or, since the time of sentencing, has progressed such that the prisoner does not pose a public safety risk.

“Prisoner”, a committed offender and any other person placed in custody in a correctional facility in accordance with the law.

“Secretary”, the secretary of public safety and security.

“Terminal illness”, an incurable condition caused by illness or disease that was unknown at the time of sentencing or, since the time of sentencing, has progressed to render the prisoner terminally ill, that will likely cause the death of the prisoner within 18 months and that is so debilitating that the prisoner does not pose a public safety risk.

(b) Except as otherwise provided in this section and notwithstanding any other general or special law to the contrary, a prisoner may be eligible for conditional medical parole due to a terminal illness or permanent and total disability.  A prisoner shall be eligible for conditional medical parole if the commissioner or secretary determines that the prisoner has been diagnosed with a permanent and total disability or terminal illness under the procedures described in subsections (c) and (d); provided, however, that no prisoner serving a sentence imposed upon a conviction under sections 1 and 2 of chapter 265, no prisoner considered a habitual criminal under subsection (b) of section 25 of chapter 279 and no prisoner serving a sentence imposed upon a conviction of a sex offense shall be eligible for release under this section.

(c) The superintendent of the correctional facility shall consider a prisoner for conditional medical parole upon a request for conditional medical parole filed by the prisoner, the prisoner’s attorney, the prisoner’s next of kin or a correction officer.  The superintendent shall review the request for consideration and make a recommendation to the commissioner within 15 days after receipt of the request for conditional medical parole.  If, upon an investigation of the request, the superintendent determines that the request should be approved, the superintendent shall recommend, in writing, to the commissioner that the prisoner be released.  The commissioner shall file a petition with the parole board for extraordinary relief.  The commissioner shall notify, in writing, the district attorney, the prisoner, the prisoner’s attorney, the prisoner’s next of kin or a correction officer and, if applicable under chapter 258B, the victim or the victim’s family, that the prisoner is being considered for conditional medical parole subject to this section and the parties receiving the notice shall have an opportunity to be heard through a written or oral statement as to the release of the prisoner.  The commissioner shall file an affidavit with the petition confirming that the notice has been provided.  The commissioner shall file with the petition a conditional medical parole plan and an assessment of the prisoner’s medical and psychosocial condition and the risk the prisoner poses to society, including:

(i) a written diagnosis by a physician licensed to practice medicine in the commonwealth under section 2 of chapter 112 that includes: (A) a description of the terminal illness, physical incapacity or chronic condition; and (B) a prognosis concerning the likelihood of recovery from the terminal illness, physical incapacity or chronic condition; provided, however, that the physician shall be employed by the department or shall be employed by a hospital or medical facility used by the department for the medical treatment of prisoners; and

(ii) an assessment of the risk for violence and recidivism that the prisoner poses to society.

If the superintendent denies the request for conditional medical parole, the superintendent shall provide to the prisoner a statement, in writing, of the reason for the denial.  A prisoner electing to appeal a denial made by the superintendent shall file an appeal with the commissioner within 30 days.

(d) A sheriff shall consider a prisoner for conditional medical parole upon a request for conditional medical parole filed by the prisoner, the prisoner’s attorney, the prisoner’s next of kin or a correction officer.  The sheriff shall review the request for consideration and make a recommendation to the secretary within 15 days after receipt of the request for conditional medical parole.  If, upon an investigation of the request, the sheriff determines that the request should be approved, the sheriff shall recommend, in writing, to the secretary that the prisoner be released.  The secretary shall file a petition with the parole board for extraordinary relief.  The secretary shall notify, in writing, the district attorney, the prisoner, the prisoner’s attorney, the prisoner’s next of kin and, if applicable under chapter 258B, the victim or the victim’s family, that the prisoner is being considered for conditional medical parole subject to this section and the parties receiving the notice shall have an opportunity to be heard through a written or oral statement as to the release of the prisoner.  The secretary shall file an affidavit with the petition confirming that the notice has been provided.  The secretary shall file with the petition a conditional medical parole plan and an assessment of the prisoner’s medical and psychosocial condition and the risk the prisoner poses to society, including:

(i) a written diagnosis by a physician licensed to practice medicine in the commonwealth under section 2 of chapter 112 that includes: (A) a description of the terminal illness, physical incapacity or chronic condition; and (B) a prognosis concerning the likelihood of recovery from the terminal illness, physical incapacity or chronic condition; provided, however, that the physician shall be employed by the department or shall be employed by a hospital or medical facility used by the department for the medical treatment of prisoners; and

(ii) an assessment of the risk for violence and recidivism that the prisoner poses to society.

If the sheriff denies the request for conditional medical parole, the secretary shall provide to the prisoner a statement, in writing, of the reason for the denial.  A prisoner electing to appeal a denial made by the sheriff shall file an appeal with the secretary within 30 days.

(e) The authority to grant a conditional medical parole shall reside solely within the discretion of the parole board.  In making this determination, the board shall consider:

(i) the nature and severity of the prisoner’s crime;

(ii) the prisoner’s prior criminal record;

(iii) the prisoner’s disciplinary, behavioral and rehabilitative record during the term of incarceration;

(iv) the current age of the prisoner and the prisoner’s age at the time of the crime;

(v) the length of the prisoner’s sentence and the amount of time left to serve;

(vi) the recommendations of the district attorney and the victim or the victim’s representative;

(vii) the nature of the prisoner’s medical condition or terminal illness and the extent of care the prisoner will require as a result;

(viii) the danger, if any, the prisoner poses to the public if released;

(ix) appropriate release plans, including family or outside resources; and

(x) any other factors the board considers relevant.

The board shall make a determination of whether to grant conditional medical parole within 15 days after receiving a petition from the commissioner or secretary for release of a prisoner with a terminal illness and within 30 days after receiving a motion for release of a permanently and totally disabled prisoner.

A denial of conditional medical parole by the board shall not affect a prisoner’s eligibility for any other form of parole or release under applicable law.

Any decision made by the board pursuant to this section shall be final; provided, however, that the decision shall not preclude a prisoner’s eligibility for conditional medical parole in the future.

(f) A prisoner granted release under this section shall be under the jurisdiction, supervision and control of the board.  The board shall impose terms and conditions for such release that shall apply through the date upon which the prisoner’s sentence would have expired.  These conditions shall require, but need not be limited to requiring:

(i) the released prisoner’s care be consistent with the care specified in the conditional medical parole plan as approved by the board;

(ii) the released prisoner to cooperate with and comply with the prescribed conditional medical parole plan and with reasonable requirements of medical providers to whom the released prisoner is to be referred for continued treatment;

(iii) the released prisoner to be subject to supervision by the board; and

(iv) the released prisoner to comply with any conditions of release set by the board.

Not less than 24 hours before the date of a conditional medical parole, the board shall notify, in writing, the district attorney, the department of state police and the police department in the city or town in which the released prisoner shall reside and, if necessary under chapter 258B, the victim or the victim’s family, that the prisoner’s request for release has been granted by the board and the terms and conditions of release.

The board may revise, alter or amend the terms and conditions of a conditional medical parole at any time.  The board shall promptly order a prisoner returned to the custody of the department or the county correctional facility to await a revocation hearing if the board receives credible information that a prisoner has failed to comply with a reasonable condition set upon the prisoner’s release or if, upon discovery that the terminal illness or permanent and total disability has improved to the extent that the prisoner would no longer be eligible for conditional medical parole under this section.  If the board subsequently revokes a prisoner’s conditional medical parole, the prisoner shall resume serving the balance of the sentence with credit given only for the duration of the prisoner’s conditional medical parole served in compliance with all reasonable conditions in this subsection.  Revocation of a prisoner’s conditional medical parole shall not preclude a prisoner’s eligibility for another form of parole or release under applicable law; provided, however, that such revocation may be used as a factor in determining eligibility for that other form of parole or release.  Revocation of a prisoner’s conditional medical parole due to a change in the prisoner’s medical condition shall not preclude a prisoner’s eligibility for conditional medical parole in the future or for another form of parole or release under applicable law.

(g) The commissioner, the secretary and the chairperson of the parole board shall promulgate rules and regulations necessary to implement this section.

(h) The commissioner and the secretary shall make reasonable efforts to educate, inform and train department employees about this section and shall furnish those employees with appropriate resources and services to implement this section.

(i) The commissioner and the secretary shall jointly file an annual report not later than March 1 with the clerks of the house of representatives and the senate, the chairs of the house and senate committees on ways and means and the senate and house chairs of the joint committee on the judiciary detailing: (i) each prisoner in the custody of the department who is receiving treatment for a terminal illness or condition and each prisoner in the custody of the department who is receiving treatment for a permanent or incapacitating disability, including the race and ethnicity of the prisoner, the offense under which the prisoner was sentenced, and a detailed description of the prisoner’s physical and mental condition, provided, however, that any identifying information shall be kept confidential; (ii) the number of prisoners in the custody of the department or the sheriffs who applied for conditional medical parole under subsections (c) and (d) and the race and ethnicity of each applicant;; (iii) the number of prisoners who have been granted conditional medical parole and the race and ethnicity of each prisoner granted release; (iv) the nature of the illness of the applicants; (v) the counties where the prisoners have been released to; (vi) the nature of the placement pursuant to the conditional medical parole plan; (vii) the categories of reasons for denial for prisoners who have been denied conditional medical parole; (viii) the number of prisoners petitioning for conditional medical parole on more than 1 occasion; and (ix) the number of prisoners released who have been returned to the custody of the department and the reasons for those returns.”


Budget Amendment ID: FY2016-S3-699

EPS 699

Breathylzer Reliability

Messrs. Tarr, Ross, deMacedo, Fattman, Moore and Humason moved that the proposed new text be amended by inserting, after section __, the following new section:-

"SECTION_. The secretary of public safety shall develop a plan to ensure the reliability of breathalyzer"