Budget Amendment ID: FY2017-S4-1005

JUD 1005

Option B: Discretionary Imposition of Probation Fees and Victim Services Surcharges on Probationers

Messrs. Brownsberger and Barrett, Ms. Creem, Mr. Eldridge, Ms. Forry, Ms. Gobi, Messrs. Joyce, Keenan, Lesser and Lewis, Ms. Lovely, Messrs. Montigny, Wolf and Donnelly, Ms. Chang-Diaz, Ms. Flanagan, Mr. Rodrigues, Ms. Donoghue, Messrs. Downing and Boncore moved that the proposed new text be amended by inserting, after section ___, the  following new section:-

Discretionary Imposition of Probation Fees and Victim Services Surcharges on Probationers

Section __.Section 87A of Chapter 276 of the General Laws, as appearing in the 2014 Official Edition is hereby amended

by striking the word “shall” and inserting in place thereof  the word “may” in lines 24, 30, 66, and 72;

by striking the word “every” and inserting in place thereof the word “a” in lines 24, 30, 66, and 72;

by striking the third paragraph in its entirety;

by striking the fourth paragraph in its entirety;

by striking the eighth paragraph in its entirety;

and by adding the following new paragraph to the end thereof:-

“No person placed on probation shall be deemed to have violated a condition of his or her probation on the basis of his or her failure to pay any of the fees assessed by a court pursuant to this section, nor shall any person placed on probation be subject to incarceration or an extension of probation on the basis of his or her failure to pay said fees.”