Amendment ID: S2185-98-R1

Redraft Amendment 98

Hold time for bail revocation

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

“(d) Upon the defendant’s first appearance before the judge that will conduct proceedings for revocation of an order of release under this section, the hearing concerning revocation shall be held immediately unless the defendant or the commonwealth seeks a continuance. During a continuance, the defendant shall be detained without bail unless the judge finds that there are conditions of release that will reasonably assure that the defendant will not pose a danger to the safety of any other person or the community and that the defendant will abide by conditions of release. If the defendant is detained without bail, a continuance on a motion of the defendant shall not be for more than 5 business days, except for good cause, and a continuance on motion of the commonwealth or probation shall not be for more than 3 business days, except for good cause. A defendant detained under an order of revocation and detention 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 90 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.”