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.