Amendment ID: S2185-83-R1

Redraft Amendment 83

Hold time for Section 58A dangerousness hearing

Messrs. Rodrigues, O'Connor, Moore and Montigny move to amend the bill in Section 182, in proposed section 58A of chapter 276, by striking out subsection (e) and inserting in place thereof the following subsection:-

“(e) A defendant detained under this section shall be brought to trial as soon as reasonably possible. For cases prosecuted in juvenile court, district court or Boston municipal court, in the absence of good cause, a defendant shall not be detained under this section for more than 120 days, if older than the age of criminal majority, and for a period of not more than 60 days for a defendant who is younger than the age of criminal majority, excluding any period of delay as defined in Rule 36(b)(2) of the Massachusetts Rules of Criminal Procedure. Defendants indicted and pending prosecution in the superior court shall not be detained under this section for more than 180 days, excluding any period of delay as defined in Rule 36(b)(2) of the Massachusetts Rules of Criminal Procedure.  If the defendant’s case has not been brought to trial or otherwise resolved by the end of the periods prescribed by this section, excluding any period of delay as defined above, the defendant shall be entitled to a de novo reconsideration of the detention order by the court that originally issued the order.”.