Budget Amendment ID: FY2017-S4-981
JUD 981
Eastern Hampden District Court Assistant Clerks
Ms. Gobi moved that the proposed new text be amended by inserting after section XX the following new sections:-
“SECTION XX. Section 10 of chapter 218 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 18, the words “district court of eastern Hampden;”.
SECTION XX. Said section 10 of said chapter 218, as so appearing, is hereby further amended by inserting after the word “Worcester;” in line 39, the following words:- district court of eastern Hampden;.”
SECTION XX. Section 10 of chapter 218 of the General Laws, as so appearing, is hereby further amended by inserting after the word “Plymouth;” in line 130, the following words:- district court of eastern Hampden.”
Budget Amendment ID: FY2017-S4-982
JUD 982
Social Law Library
Messrs. McGee, Joyce and Keenan moved that the proposed new text be amended in section 2, in item 0321-2205, by striking out the figures "1,781,200" and inserting in place thereof the figures "1,948,749".
Budget Amendment ID: FY2017-S4-983
JUD 983
Child Pornography and Child Enticement Asset Forfeiture
Messrs. Tarr, Timilty, Montigny, O'Connor, Fattman and Ross moved that the proposed new text be amended by inserting after section _ the following new section:-
"SECTION __. Chapter 272 of the General Laws is hereby amended by inserting after section 29C the following section:-
Section 29D. (a) The following property shall be subject to forfeiture to the commonwealth and all property rights therein shall be in the commonwealth:
(1) All materials, products, and equipment of any kind which are used, or intended for use: in delivering, dispensing, distributing, transmitting, encrypting, or otherwise disseminating any visual material in violation of sections 29B or 29C of chapter 272; or in luring, inducing, persuading, tempting, inciting, soliciting, coaxing or inviting a child under the age of 16 in violation of section 26C of chapter 265.
(2) All conveyances, including aircraft, vehicles or vessels used, or intended for use to facilitate a violation of any provision of sections 29B or 29C of chapter 272 or section 26C of chapter 265.
(3) All negatives, slides, books, magazines, films, videotapes, photographs or other similar visual reproductions, computers, video cameras, or digital or analog cameras which are used, or intended for use, to facilitate a violation of sections 29B or 29C of chapter 272.
(4) All moneys, negotiable instruments, securities or other things of value furnished or intended to be furnished by any person in exchange for visual material in violation of chapter 272 section 29B or 29C, or in exchange for a violation of section 26C of chapter 265; all proceeds traceable to such an exchange, including real estate and any other thing of value; and all moneys, negotiable instruments, and securities used or intended to be used to facilitate any violation of any provision of sections 29B or 29C of chapter 272, or section 26C of chapter 265.
(5) All real property, including any right, title, and interest in the whole of any lot or tract of land and any appurtenances or improvements thereto, which is used in any manner or part, to commit or to facilitate the commission of a violation of any provision of sections 29B or 29C of chapter 272, or section 26C of chapter 265.
(6) No forfeiture under this section shall extinguish a perfected security interest held by a creditor in a conveyance or in any real property at the time of the filing of the forfeiture action.
(b) Property subject to forfeiture under paragraphs (1) through (5) of subsection (a), inclusive, shall, upon motion of the attorney general or district attorney, be declared forfeit by any court having jurisdiction over said property or having final jurisdiction over any related criminal proceeding brought under any provision of section 26C of chapter 265 or sections 29B or 29C of chapter 272.
(c) The court shall order forfeiture of all conveyances subject to the provisions of paragraph (2) of subsection (a) and of all real property subject to the provisions of paragraph (5) of subsection (a) of this section, except as follows:
(1) No conveyance used by any person as a common carrier in the transaction of business as a common carrier shall be forfeited unless it shall appear that the owner or other person in charge of such conveyance was a consenting party of privy to a violation of either section 26C of chapter 265 or sections 29B or 29C of chapter 272.
(2) No conveyance or real property shall be subject to forfeiture unless the owner thereof knew or should have known that such conveyance or real property was used in and for the business of: unlawfully disseminating visual material in violation of sections 29B or 29C of chapter 272; or enticing a child under the age of 16 in violation of section 26C of chapter 265. Proof that the conveyance or real property was used to facilitate the unlawful dissemination of visual material or the enticement of a child under the age of 16 on 3 or more different dates shall be prima facie evidence that the conveyance or real property was used in and for the business of unlawfully disseminating such visual material or enticing a child under the age of 16.
(d) A district attorney or the attorney general may petition the superior court in the name of the commonwealth in the nature of a proceeding in rem to order forfeiture of a conveyance, real property, moneys or other things of value subject to forfeiture pursuant to paragraphs (1) through (5) of subsection (a), inclusive. Such petition shall be filed in the court having jurisdiction over said conveyance, real property, monies or other things of value or having final jurisdiction over any related criminal proceeding brought under any provision of section 26C of chapter 265 or sections 29B or 29C of chapter 272. In all such suits where the property is claimed by any person, other than the commonwealth, the commonwealth shall have the burden of proving to the court the existence of probable cause to institute the action, and any such claimant shall then have the burden of proving that the property is not forfeitable pursuant to paragraphs (1) through (5) of subsection (a), inclusive. The owner of said conveyance or real property, or other person claiming thereunder shall have the burden of proof as to all exceptions set forth in subsections (c) and (g). The court shall order the commonwealth to give notice by certified or registered mail to the owner of said conveyance, real property, moneys or other things of value and to such other persons as appear to have an interest therein, and the court shall promptly, but not less than 2 weeks after notice, hold a hearing on the petition. Upon the motion of the owner of said conveyance, real property, moneys or other things of value, the court may continue the hearing on the petition pending the outcome of any criminal trial related to the violation of section 26C of chapter 265 or sections 29B or 29C of chapter 272. At such hearing the court shall hear evidence and make conclusions of law, and shall thereupon issue a final order, from which the parties shall have a right of appeal. In all such suits where a final order results in a forfeiture, said final order shall provide for disposition of said conveyance, real property, moneys or any other thing of value by the commonwealth or any subdivision thereof in any manner not prohibited by law, including official use by an authorized law enforcement or other public agency, or sale at public auction or by competitive bidding. The proceeds of any such sale shall be used to pay the reasonable expenses of the forfeiture proceedings, seizure, storage, maintenance of custody, advertising, and notice, and the balance thereof shall be distributed as further provided in this section.
The final order of the court shall provide that said moneys and the proceeds of any such sale shall be distributed equally between the prosecuting district attorney or attorney general and the city, town or state police department, or sheriff’s department involved in the seizure. If more than one department was substantially involved in the seizure, the court having jurisdiction over the forfeiture proceeding shall distribute the 50 per cent equitably among these departments.
All such monies and proceeds received by any prosecuting district attorney or attorney general shall be deposited in a trust fund established pursuant to subsection (d) of section 47 of chapter 94C, and shall then be expended without further appropriation to defray the costs of protracted investigations, to provide additional technical equipment or expertise, to provide matching funds to obtain federal grants, or such other law enforcement purposes as the district attorney or attorney general deems appropriate. The district attorney or attorney general may expend up to 10 per cent of the monies and proceeds for victim rehabilitation and therapy, internet safety education and other cyber-crime watch programs which further law enforcement purposes.
Any program seeking to be an eligible recipient of said funds shall file an annual audit report with the local district attorney and attorney general. Such report shall include, but not be limited to, a listing of the assets, liabilities, itemized expenditures, and board of directors of such program. Within 90 days of the close of the fiscal year, each district attorney and the attorney general shall file an annual report with the house and senate committees on ways and means on the use of the monies in the trust fund for the purposes of victim rehabilitation and therapy, internet safety education and other cyber-crime watch programs which further law enforcement purposes.
All such moneys and proceeds received by any police department or sheriff’s department shall be deposited in a special law enforcement trust fund and shall be expended without further appropriation to defray the costs of protracted investigations, to provide additional technical equipment or expertise, to provide matching funds to obtain federal grants, or to accomplish such other law enforcement purposes as the chief of police of such city or town, the colonel of state police, or the sheriff deems appropriate, but such funds shall not be considered a source of revenue to meet the operating needs of such department.
(e) Any officer, department, or agency having custody of any property subject to forfeiture under section 26C of chapter 265 or sections 29B or 29C of chapter 272 or having disposed of said property shall keep and maintain full and complete records showing from whom it received said property, under what authority it held or received or disposed of said property, to whom it delivered said property, the date and manner of destruction or disposition of said property, and the exact kinds, quantities and forms of said property. Said records shall be open to inspection by all federal and state officers charged with enforcement of federal and state child pornography and internet crimes laws. Persons making final disposition or destruction of said property under court order shall report, under oath, to the court the exact circumstances of said disposition or destruction.
(f) (1) During the pendency of the proceedings the court may issue at the request of the commonwealth ex parte any preliminary order or process as is necessary to seize or secure the property for which forfeiture is sought and to provide for its custody, including but not limited to an order that the commonwealth remove the property if possible, and safeguard it in a secure location in a reasonable fashion; that monies be deposited in an interest-bearing escrow account; and, that a substitute custodian be appointed to manage such property or a business enterprise. Property taken or detained under this section shall not be repleviable, but once seized shall be deemed to be lawfully in the custody of the commonwealth pending forfeiture, subject only to the orders and decrees of the court having jurisdiction thereof. Process for seizure of said property shall issue only upon a showing of probable cause, and the application therefor and the issuance, execution, and return thereof shall be subject to the provisions of chapter 276, so far as applicable.
(2) A district attorney or the attorney general may refer any real property, and any furnishings, equipment and related personal property located therein, for which seizure is sought to the office of seized property management, as established by section 47 of chapter 94C.
(g) The owner of any real property which is the principal domicile of the immediate family of the owner and which is subject to forfeiture under this section may file a petition for homestead exemption with the court having jurisdiction over such forfeiture. The court may, in its discretion, allow the petition exempting from forfeiture an amount allowed under section 1 of chapter 188. The value of the balance of said principal domicile, if any, shall be forfeited as provided in this section. Such homestead exemption may be acquired on only 1 principal domicile for the benefit of the immediate family of the owner.
(j) A forfeiture proceeding affecting the title to real property or the use and occupation thereof or the buildings thereon shall not have any effect except against the parties thereto and persons having actual notice thereof, until a memorandum containing the names of the parties to such proceeding, the name of the town where the affected real property lies, and a description of such real property sufficiently accurate for identification is recorded in the registry of deeds for the county or district where the real property lies. At any time after a judgment on the merits, or after the discontinuance, dismissal or other final disposition is recorded by the court having jurisdiction over such matter, the clerk of such court shall issue a certificate of the fact of such judgment, discontinuance, dismissal or other final disposition, and such certificate shall be recorded in the registry in which the original memorandum recorded pursuant to this section was filed."
Budget Amendment ID: FY2017-S4-984
JUD 984
Collection of Delinquent Legal Fees
Messrs. Tarr, O'Connor, Fattman and Ross moved that the proposed new text be amended by inserting after section __ the following new section:-
“SECTION__. Section 9 of Chapter 211D of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting, after subsection (i), the following subsection:-
(j) The clerk of the court shall submit a quarterly report to MassHealth, the department of transitional assistance and the registry of motor vehicles detailing the amount of any unresolved counsel fees owed by persons for whom counsel was appointed under this chapter. Said fees shall be considered by MassHealth and the department of transitional assistance as financial benefits to be repaid pursuant to section 22 of chapter 118E and section 5G of chapter 18. 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 clerk of the court that the fee has been resolved.”
Budget Amendment ID: FY2017-S4-985
JUD 985
Specialty Courts Court Clinicians
Messrs. Donnelly and Eldridge and Ms. Lovely moved that the proposed new text be amended in section 2, in item 0330-0601, by adding at the end thereof the following:- "provided that not less than $312,000 shall be expended for hiring at least 3 additional mental health court clinicians"; and in said item, by striking out the figures $3,229,651" and inserting in place thereof the figures "$3,541,651"
Budget Amendment ID: FY2017-S4-986
JUD 986
Trial Court Maintenance Funding
Mr. Donnelly moved that the proposed new text be amended in section 2, in item 0330-0300, by striking out the figure “$237,872,058” and inserting in place thereof the following figure:- “244,872,058”.
Budget Amendment ID: FY2017-S4-987
JUD 987
Collection of Outstanding Delinquent Legal Fees
Mr. Tarr moved that the proposed new text be amended by inserting after section __ the following new section:-
“SECTION __. Chapter 211D of the General Laws is hereby amended by striking section 2A in its entirety, and inserting in place thereof the following:—
Section 2A. (a) A person claiming indigency under section 2 shall execute a waiver authorizing the court's chief probation officer, or the officer's designee, to obtain the person's wage, tax and asset information from the department of revenue, department of transitional assistance and the registry of motor vehicles that the court may find useful in verifying the person's claim of indigency. The waiver shall authorize the chief probation officer, or the officer's designee, to conduct any further reassessment required by this section.
(b) It shall be the responsibility of the chief probation officer assigned to each court to ensure that a person claiming to be indigent meets the definition of indigency under section 2. A person seeking the appointment of counsel shall be interviewed by the chief probation officer or the officer's designee prior to the appointment of counsel. The person conducting the interview shall explain to the person seeking appointment of counsel: (1) the definition of indigency; (2) the process used to verify the person's information with other state agencies; and (3) the penalties for misrepresenting financial information in applying for the appointment of counsel, including possible civil penalties and criminal prosecution. The officer or the officer's designee conducting the interview shall prepare a written indigency intake report that shall record the results of the interview and state a recommendation on whether or not the person seeking appointment of counsel is indigent. The person seeking appointment of counsel and the officer or the officer's designee conducting the interview shall sign the indigency intake report. In signing the report, the person seeking appointment of counsel shall certify under the pains and penalties of perjury that the information contained therein is true and that the person has not concealed any information relevant to the person's financial status. The intake report shall clearly and conspicuously state in bold type directly above the signature area that penalties for misrepresentation include fines and criminal prosecution. All statements contained in the report shall be deemed material statements. The completed report shall be presented to a judge who may adopt or reject the recommendations in the report, either in whole or in part.
(c) Appointment of counsel by a court shall, at all times, be subject to verification of indigency by the chief probation officer assigned to each court. The chief probation officer or the officer's designee shall, within 7 business days of appointment of counsel, complete a final report of the financial circumstances of the person for whom counsel was appointed containing wage, tax and asset information. In preparing the final report, the chief probation officer or the officer's designee shall access, through electronic sharing of information pursuant to a memorandum of understanding, wage, tax and asset information in the possession of the department of revenue and the department of transitional assistance, and any other information relevant to the verification of indigency in the possession of the registry of motor vehicles. These departments shall provide this information to the chief probation officer or the officer's designee upon request, within 3 business days from the date of request. The chief probation officer shall sign the final report, certifying that the person for whom counsel was appointed either continues to meet or no longer meets the definition of indigency. Thereafter, the report shall be filed with the case papers and shall be presented to the judge presiding at the person's next court appearance; provided, however, that if a person for whom counsel was appointed is found to not meet the definition of indigency, a court appearance shall be scheduled as soon as feasible prior to the person's next court appearance if the next court appearance is more than 2 weeks from the date the final report is completed. If, upon receipt of the report, a judge finds that the person for whom counsel was appointed no longer meets the definition of indigency, the judge shall revoke the appointment of counsel and allow such person a reasonable continuance to obtain new counsel.
Not later than 6 months after the appointment of counsel, and every 6 months thereafter, the chief probation officer or the officer's designee shall conduct a further reassessment of the financial circumstances of the person for whom counsel was appointed to ensure that the person continues to meet the definition of indigency. The chief probation officer or the officer's designee shall prepare, sign and file a written report certifying that the person either continues to meet, or no longer meets, the definition of indigency.
Upon request of the department of children and families, the commissioner of probation shall provide to the department a copy of a person's indigency intake form, final assessment of financial circumstances, and any report certifying that the person either continues to meet or no longer meets the definition of indigency prepared by the chief probation officer in accordance with this section. The department shall only use these forms, assessments and reports for the purpose of completing eligibility determinations under Title IV-E of the Social Security Act. The commissioner of probation and the commissioner of children and families shall jointly determine the process by which the department of children and families shall obtain and maintain these forms, assessments and reports. The department of children and families shall not disseminate, and shall prohibit dissemination of, such information for any purpose other than those set forth in this paragraph.
(d) If a criminal defendant is charged with a second or further offense while continuing to be represented by court-appointed counsel for a previously charged offense, the court in its discretion shall determine whether any further determination of indigency, other than the bi-annual reassessments required by the defendant's representation for the first offense, need be undertaken. Upon completion of a reassessment, the chief probation officer shall prepare a written report of the officer's findings. The chief probation officer shall sign the report, certifying that the defendant either continues to meet or no longer meets the definition of indigency. The report shall be filed with the case papers and shall be presented to the judge presiding at the defendant's next court appearance. If, upon receipt of the report, a judge finds that the defendant no longer meets the definition of indigency, the judge shall revoke the appointment of counsel and allow the defendant a reasonable continuance to obtain new counsel.
(e) If the court finds that a person has materially misrepresented or omitted information concerning the person's property or assets for purposes of determining indigency and that the person does not meet the definition of indigency, the court shall immediately terminate any assignment or appointment of counsel made under this chapter and shall assess a fine of not less than $1,000 against the person. A person assessed such fine who fails or neglects to pay the fine within 30 days shall be punished by imprisonment in the house of correction for not more than 90 days. The chief probation officer shall refer each matter arising under this subsection to the district attorney for the appropriate county.
(f) A person provided counsel under this chapter shall be assessed a counsel fee of $150 to be paid within 90 days of the date of appointment. The court may only grant a waiver to a person who has made a written request to the chief probation officer for such waiver. The court shall hold a hearing to determine the person’s inability to pay the counsel fee. The facts the judge uses to support findings shall include the person’s inability to pay such $150 within 180 days. If a waiver is granted pursuant to this subsection the judge shall include written findings of fact and a written statement of the reasons for waiver. If, upon the biannual reassessment of the person's indigency, the court concludes that the person is able to pay the $150 counsel fee of which the person obtained a waiver, the court shall revoke the waiver and reimpose the $150 counsel fee. The fee shall be in addition to any reduced fee required pursuant to section 2.
(g) The court may authorize a person for whom counsel was appointed to perform community service in lieu of payment of the counsel fee. A person seeking to work off a counsel fee in community service shall perform 10 hours of community service, in a community service program administered by the administrative office of the trial court, for each $100 owed in legal counsel fees, which may be prorated. Notwithstanding any general or special law to the contrary, a court proceeding shall not be terminated and the person shall not be discharged if the person owes any portion of the legal counsel fee imposed by this section. The clerk shall not release any bail posted on such court proceeding until the legal counsel fee is satisfied in accordance with this chapter. Community service shall be verified by the chief probation officer or the officer’s designee through a report to the court which shall include the nature of the community service, the recipient organization of the community service, the number of hours and identification of the source of verification. The chief probation officer or the officer’s designee shall file a copy of the verification report with the clerk of the court. Community service shall be completed within 60 days of the authorization, unless an extension under the provisions of subsection (h ½ ) is granted.
(h) The clerk of the court shall, within 60 days of appointment of counsel, report to the department of revenue, the department of transitional assistance and the registry of motor vehicles the amount of any legal counsel fee owed by the person for whom counsel was appointed under this chapter. 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 clerk of the court that the fee has been collected or worked off in community service. If payment of the counsel fee has not been made within 90 days, and there has been no extension granted by the court, the registry of motor vehicles shall suspend a person’s driver’s license until it receives notification from the clerk of the court that the fee has been collected or worked off in community service.
(h ½) The court may only grant an extension of the time to pay or complete community service to a person who has made a written request to the chief probation officer for such extension. The court shall hold a hearing to determine the person’s necessity for such extension. If an extension is granted pursuant to this subsection the judge shall include written findings of fact and a written statement of the reasons for the extension. Extensions may not exceed 30 days and no more than two extensions may be granted. If the judge fails to make a written finding, and the payment period has expired, the clerk of the court shall make the notifications required by subsection (h).
(i) The office of the commissioner of probation shall submit quarterly reports to the house and senate committees on ways and means that shall include, but not be limited to: (a) the number of individuals claiming indigency who are determined to be indigent; (b) the number of individuals claiming indigency who are determined not to be indigent; (c) the number of individuals found to have misrepresented wage, tax or asset information; (d) the number of individuals found to no longer qualify for appointment of counsel upon any re-assessment of indigency required by this section; (e) the total number of times an indigent misrepresentation fine was collected and the aggregate amount of indigent misrepresentation fines collected; (f) the total number of times indigent counsel fees were collected and waived and the aggregate amount of indigent counsel fees collected and waived; (g) the average indigent counsel fee that each court division collects; (h) the total number of times an indigent but able to contribute fee was collected and waived and the aggregate amount of indigent but able to contribute fees collected and waived; (i) the highest and lowest indigent but able to contribute fee collected in each court division; (j) the number of cases in which community service in lieu of indigent counsel fees was performed; and (k) other pertinent information to ascertain the effectiveness of indigency verification procedures.
The information within such reports shall be delineated by court division, and delineated further by month.”.
Budget Amendment ID: FY2017-S4-988
JUD 988
MCAD Operations
Ms. Chang-Diaz, Messrs. Eldridge and Barrett, Ms. L'Italien, Messrs. Donnelly and Moore, Ms. Forry, Messrs. Timilty, Lewis, Joyce, Brownsberger and Welch moved that the proposed new text be amended in section 2, in item 0940-0100, in section 2, in item 0940-0100, by striking out the figure "2,898,657" and inserting in place thereof the following figure:- "$3,515,657".
Budget Amendment ID: FY2017-S4-989
JUD 989
Juvenile Court Mental Health Advocacy Project
Ms. Donoghue, Ms. Lovely and Mr. Joyce moved that the proposed new text be amended in section 2E, in item 1450-1200, by inserting at the end thereof the following:- “; provided further, that not less than $175,000 shall be expended for the Juvenile Court Mental Health Advocacy Project; and provided further, that a report on the impact of said project shall be filed with the house and senate committees on ways and means and the joint committee on mental health and substance abuse by no later than June 30, 2017”; and in said item, by striking the figure “$8,479,800” and inserting in place thereof the figure “$8,654,800”.
Budget Amendment ID: FY2017-S4-990
JUD 990
Hampden District Attorney
Messrs. Welch, Humason and Lesser, Ms. Forry, Messrs. Brownsberger, deMacedo and Brady moved that the proposed new text be amended in section 2, in item 0340-0500, by striking out the figure "$9,501,819" and inserting in place thereof the following figure:- "$10,246,671".
Budget Amendment ID: FY2017-S4-991
JUD 991
Technical Correction- Juvenile Probation Fees
Mr. Brownsberger moved that the proposed new text be amended in section 50 by inserting after the word "convicted" the following words:- "or adjudicated."
Budget Amendment ID: FY2017-S4-992
JUD 992
Rates of Compensation to Private Assigned Counsel in Indigent Cases
Mr. Brownsberger moved that the proposed new text be amended by inserting, after section ___, the following new section:-
SECTION ___. Subsection (a) of section 11 of chapter 211D of the General Laws, as most recently amended by Chapter 46 of the Acts of 2015, is hereby further amended by striking out the figure, “$50”, and inserting in place thereof the figure, "$53".
Budget Amendment ID: FY2017-S4-993
JUD 993
CASA
Mr. Lesser, Ms. L'Italien, Mr. Humason, Ms. Lovely and Ms. O'Connor Ives moved that the proposed new text be amended in section 2, in item 0337-0002, by adding at the end thereof the following:- “provided further that not less than $143,989 shall be expended for the Hampden County CASA, not less than $125,000 shall be expended for the Essex County CASA program, not less than $100,000 shall be expended for the Franklin/Hampshire County CASA, and not less than $53,995 shall be expended for the Berkshire County CASA.”; and, in said item, by striking out the figure “19,033,210” inserting in place thereof the following figure:- “19,456,194”.
Budget Amendment ID: FY2017-S4-994
JUD 994
CASA Worcester
Ms. Chandler, Mr. Moore and Ms. Gobi moved that the proposed new text be amended in section 2, in item 0337-0002, by adding the following:- “provided, that no less than $150,000 shall be expended on the Worcester County CASA program” and in said item, by striking out the figures “$19,033,210” and inserting in place thereof the figures “$19,183,210”.
Budget Amendment ID: FY2017-S4-996
JUD 996
Hampden County Courthouse
Mr. Lesser moved that the proposed new text be amended in section 2, in item 0332-0100, by adding at the end thereof the following:- “provided that not less than $100,000 shall be expended for the Hampden County Court House Advocacy Committee to conduct a feasibility study to determine whether there is a need to relocate or rehabilitate the Hampden County Courthouse in the city of Springfield”; and, in said item, by striking out the figure “67,158,335” and inserting in place thereof the following figure:- “67,258,335”.
Budget Amendment ID: FY2017-S4-997
JUD 997
Rates Of Compensation To Private Assigned Counsel In Superior Court Indigent Cases
Mr. McGee moved that the proposed new text be amended by adding the following new section:-SECTION ___. Subsection (a) of section 11 of chapter 211D of the General Laws, as most recently amended by Chapter 46 of the Acts of 2015, is hereby further amended by striking out the figure, “$60”, and inserting in place thereof the figure $63
Budget Amendment ID: FY2017-S4-998
JUD 998
Firearms Trafficking Research
Ms. Creem, Messrs. Eldridge and Barrett and Ms. Forry moved that the proposed new text be amended in section 2, in item 0810-0000, by adding at the end thereof the following:- “; provided that not less than $200,000 shall be expended for research on gun violence administered by the attorney general, provided that a request for proposals be targeted at understanding the patterns of gun trafficking, including the purchase, movement, storage, and theft of guns used in homicides, suicides, or accidents, and other gun-related research, in order to provide evidence aimed at improving violence prevention programs or reducing the volume of guns in the possession of unlicensed individuals in the Commonwealth”; and in said item, by striking out the figures “$23,344,018” and inserting in place thereof the figures “$23,544,018”
Budget Amendment ID: FY2017-S4-999
JUD 999
Improving Juror Service
Ms. Creem moved that the proposed new text be amended by inserting, after section __, the following new section:-
"SECTION __. Section 58 of chapter 234A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentences:- The office of jury commissioner shall provide juror service certificates to all grand and trial jurors who perform juror service. Such certificates shall be provided no later than 14 days after the last business day of each week in which a grand or trial juror performs jury service."
Budget Amendment ID: FY2017-S4-1000-R1
Redraft JUD 1000
MLAC
Ms. Creem, Messrs. Brownsberger, Barrett, Rodrigues and Eldridge, Ms. Lovely, Messrs. Moore and Brady, Ms. Flanagan, Ms. L'Italien, Messrs. Lewis and Montigny, Ms. Chang-Diaz, Messrs. Donnelly, Wolf, Joyce and McGee, Ms. Donoghue, Messrs. Boncore and Lesser, Ms. O'Connor Ives and Mr. Welch moved that the proposed new text be amended in section 2, in item 0321-1600, by striking out the figure “$17,000,000” and inserting in place thereof the following figure:- "$18,000,000"
Budget Amendment ID: FY2017-S4-1001
JUD 1001
Prisoners Legal Services
Ms. Creem, Messrs. Eldridge, Brownsberger and Barrett, Ms. Donoghue and Mr. Lewis moved that the proposed new text be amended in section 2, in item 0321-2100, by striking out the figure “$1,442,496” and inserting in place thereof the following figure:- “$1,472,466”
Budget Amendment ID: FY2017-S4-1002
JUD 1002
Specialty Court Expansion
Ms. Creem, Ms. Flanagan, Mr. Rush and Ms. Donoghue moved that the proposed new text be amended in section 2, in item 0330-0601, by striking out the figures “$3,229,651” and inserting in place thereof the figures “$6,028,004”
Budget Amendment ID: FY2017-S4-1003
JUD 1003
Franklin/Hampshire County CASA
Mr. Downing moved that the proposed new text be amended in section 2, in item 0337-0002, by inserting at the end thereof the following:
; provided further, that no less than $100,000 shall be expended on the Franklin/Hampshire County CASA program
and further move that the bill be amended in section 2, in item 0337-0002, by striking out the figure "$19,033,210" and inserting in its place thereof "$19,133,210".
Budget Amendment ID: FY2017-S4-1004
JUD 1004
Rates of Compensation to Private Assigned Counsel in Mental Health Indigent Cases
Ms. Creem moved that the proposed new text be amended by inserting, after section __, the following new section:-
“SECTION ___. Subsection (a) of section 11 of chapter 211D of the General Laws, as most recently amended by Chapter 46 of the Acts of 2015, is hereby further amended by striking out the words “and mental health cases” where they so appear; and by inserting after the words “$50 per hour” the words:- "and for mental health cases the rate of compensation shall be $53 per hour”
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.”
Budget Amendment ID: FY2017-S4-1006
JUD 1006
Option A: Elimination of Probation Fees and Victim Services Surcharges for Probationers
Messrs. Brownsberger and Barrett, Ms. Creem, Mr. Donnelly, Ms. Forry, Messrs. Joyce and Lewis, Ms. Chang-Diaz and Mr. Wolf moved that the proposed new text be amended in section 50 by striking out all of the words following the words “amended by” and inserting in place thereof the following:-
“deleting the second through ninth paragraphs thereof.”
Budget Amendment ID: FY2017-S4-1007
JUD 1007
Improving Juror Service Responses
Ms. Creem, Messrs. Ross and Joyce moved that the proposed new text be amended by inserting, after section __, the following 6 section:-
"SECTION _. Section 4 of chapter 234A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 8 and 9, the words “the juror confirmation form” and inserting in place thereof the following words: - ¬a juror summons response.
SECTION _. Section 21 of said chapter 234A, as so appearing, is hereby amended by striking out, in line 5, the words “, and an alternate month, day, and year,”.
SECTION _. Section 22 of said chapter 234A, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The office of jury commissioner shall provide a confidential juror questionnaire to each prospective juror.
SECTION _. Said chapter 234A is hereby further amended by striking out sections 24 to 26, inclusive, as so appearing, and inserting in place thereof the following 3 sections:¬-
Section 24. Every grand or trial juror shall respond to the juror summons within 10 days of receipt. The office of jury commissioner shall provide a means for the juror to respond. If the juror is unable to complete and sign the response, the juror may authorize another person to complete and sign the response on his behalf. A notice of the juror’s duty to respond to the summons within 10 days of receipt thereof shall appear prominently on the face of the juror summons. Grand and trial jurors may confirm their service by any other means approved by the jury commissioner including, but not limited to, telephonic and electronic means, and such confirmation shall be as valid and binding as if it were made in writing.
Section 25. A grand or trial juror from whom the office of jury commissioner has not received a response to the juror summons by the eighth week preceding the term of service for which the juror was summoned shall be summoned a second time. The second summons shall have the same content and form as the first summons, except the words “Second Summons” shall appear prominently on the face of the summons. The second summons shall be sent by first-¬class mail, registered mail, or served by a sheriff or constable. A juror who receives a second summons shall respond to the second summons within 5 days of receipt thereof by any of the means set forth in section 24.
Section 26. On or before the sixth week preceding any term of grand or trial juror service, the office of jury commissioner may summon additional grand or trial jurors if it appears from the responses to the juror summonses that the number of previously summoned jurors who will report for service will be inadequate for the needs of the court. A juror who is summoned under this section shall respond to the juror summons within 10 days of receipt thereof. A grand or trial juror summoned under this section from whom the office of jury commissioner has not received a response to the juror summons by the third week preceding the term of service for which he was summoned shall be summoned a second time. The second summons shall have the same content and form as the first summons, except the words “Second Summons” shall appear prominently on the face of the summons. The second summons shall be sent by first-¬class mail, registered mail, or served by a sheriff or constable. A juror who receives a second summons shall respond to the second summons within 5 days of receipt thereof by the any of the means set forth in section 24.
SECTION _. Said chapter 234A is hereby further amended by striking out section 34, as so appearing, and inserting in place thereof the following section:-¬
Section 34. A trial juror shall have the right to one postponement of his term of juror service for not more than one year. The trial juror must exercise this right by responding to the juror summons and indicating an election to postpone. The month, day and year to which such service is to be postponed shall be indicated in the response to the juror summons. The office of jury commissioner shall have authority to effectuate such first postponements. If the postponement date so designated is improper, unavailable, or inconvenient for the court, the office of jury commissioner shall assign a date of service which is reasonably close to the postponement date selected by the trial juror. The jury commissioner, with the approval of the jury management advisory committee, shall have discretionary authority to limit the number of postponements allowed each day in each courthouse in order to maintain the integrity of the demographic cross-sections appearing in the juror pools.
SECTION _. Section 36 of said chapter 234A, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “the juror confirmation form” and inserting in place thereof the following words:¬- a response to a juror summons.
Budget Amendment ID: FY2017-S4-1008-R1
Redraft JUD 1008
Juvenile Justice Pilot Program
Ms. Creem, Mr. Moore and Ms. Lovely moved that the proposed new text be amended in section 2, <w:p><w:r><w:t xml:space="preserve">by inserting after item 0339-1003 the following item:-
"xxxx-xxxx For a competitive grant program to be administered by the office of the commissioner of probation to cities and towns, acting either individually or in concert, to pilot or expand multidisciplinary approaches to divert juveniles and young adults from the juvenile and criminal justice systems prior to arrest or arraignment through coordinated programs for prevention and intervention serving youths and their families, including: (i) connecting youths to mental health services; (ii) providing youth development activities and mentoring; (iii) promoting school safety, family home visits, juvenile diversion programs and restorative justice and mediation programs; and (iv) providing assistance for families and schools to navigate the legal system; provided, that eligible applicants may partner with nonprofit organizations to provide programs and services; provided further, that the office of the commissioner of probation shall give preference to applications that: (a) clearly outline a comprehensive plan for municipalities to collaborate with law enforcement, schools, community-based organizations and government agencies to address juvenile delinquency and young adult crime; (b) include written commitments of municipalities, law enforcement agencies, schools, community-based organizations and government agencies to collaborate; (c) make a written commitment to match grant funds with a 25 per cent matching grant provided by either municipal or private contributions; and (d) identify a local governmental unit to serve as the fiscal agent for the proposed programs and services; and provided further, that administrative costs for successful grant applications shall not exceed 5 per cent of the value of the grant………………………………………………………………………………….…$200,000”