Judiciary Amendments

Budget Amendment ID: FY2019-S4-992

JUD 992

MLAC

Ms. Creem, Messrs. Brownsberger, Barrett, Boncore, Lewis, Montigny, Lesser, Brady and Eldridge, Ms. Friedman, Messrs. Crighton, Rush, Hinds, Moore and Rodrigues, Ms. Jehlen, Messrs. Feeney, Welch, DiDomenico, Cyr and Timilty, Ms. L'Italien, Messrs. Tran and Collins, Ms. Gobi and Mr. O'Connor moved that the proposed new text be amended in section 2, in item 0321-1600, by striking out the figure "19,000,000" and inserting in place thereof the following figure:- "23,000,000".

Budget Amendment ID: FY2019-S4-992-R1

Redraft JUD 992

MLAC

Ms. Creem, Messrs. Brownsberger, Barrett, Boncore, Lewis, Montigny, Lesser, Brady and Eldridge, Ms. Friedman, Messrs. Crighton, Rush, Hinds, Moore and Rodrigues, Ms. Jehlen, Messrs. Feeney, Welch, DiDomenico, Cyr and Timilty, Ms. L'Italien, Messrs. Tran and Collins, Ms. Gobi, Messrs. O'Connor and Fattman moved that the proposed new text be amended in section 2, in item 0321-1600, by striking out the figure "19,000,000" and inserting in place thereof the following figure:- "21,000,000".

Budget Amendment ID: FY2019-S4-993

JUD 993

One Can Help, Inc.

Ms. Creem moved that the proposed new text be amended in section 2, in item 0337-0002, by adding at the end thereof the following:- “; provided, that not less than $50,000 shall be expended for a grant to One Can Help, Inc.”; and by deleting the figures “$20,248,171" and inserting in place thereof the figures "$20,298,171"

Budget Amendment ID: FY2019-S4-995

JUD 995

Social Law Library

Messrs. DiDomenico and O'Connor moved that the proposed new text be amended in section 2, in item 0321-2205, by striking out the figures “1,906,264” and inserting in place thereof the following figures:-

“$2,133,787”.

Budget Amendment ID: FY2019-S4-996

JUD 996

Juvenile Diversion Programming

Ms. Creem, Messrs. Lewis, Eldridge, Brownsberger and Barrett, Ms. Jehlen, Ms. L'Italien and Mr. Boncore moved that the proposed new text be amended in section 2, in item 0339-1001, by adding the following words:- “and provided further that not less than $700,000 shall be expended for juvenile diversion programs as provided under chapter 119 section 54A” and

In said section 2, in said item 0339-1001, by striking out the figure “$148,688,559” and inserting in place thereof the figure “$149,388,559”

Budget Amendment ID: FY2019-S4-997

JUD 997

Data Reporting

Ms. Creem, Messrs. Eldridge, Lewis and Moore, Ms. Jehlen, Mr. Barrett, Ms. L'Italien, Ms. Gobi and Mr. Boncore moved that the proposed new text be amended in section 2, in item 0340-2100, by striking after the words “not charged;” the words “and (e) the number of cases under active management where the case includes charges for drug offenses under chapter 94C of the General Laws, motor vehicle charges under chapter 90 of the General Laws or firearm offenses under chapter 140 of the General Laws” and inserting in place thereof the following words:- “(e) the number of cases under active management where the case includes charges for drug offenses under chapter 94C of the General Laws, motor vehicle charges under chapter 90 of the General Laws or firearm offenses under chapter 140 of the General Laws; (f) the number of juvenile and adult cases diverted from prosecution or referred to diversion programming; (g) the number of cases indicted as a youthful offender; (h) the number of cases in which an indictment was dismissed or in which an indictment was dismissed in exchange for other action; and (i) the number of cases prosecuted in criminal court under M.G.L.A. ch. 119 § 74; provided further that data required in subsections (a) through (i), inclusive, shall be disaggregated by age, race, ethnicity, gender, gender identity, sexual orientation, and offense by statute;”

Budget Amendment ID: FY2019-S4-998

JUD 998

Court Appointed Special Advocates

Mr. Moore, Ms. L'Italien, Messrs. Welch, Lesser, Eldridge, Hinds, Tarr and Collins, Ms. O'Connor Ives and Ms. Gobi moved that the proposed new text be amended in section 2, in item 0337-0002, by adding the following words:- “; provided further, that not less than $200,000 shall be expended on the Worcester county CASA program; provided further, that not less than $112,000 shall be expended on the Franklin and Hampshire county CASA program; provided further, that not less than $175,989 shall be expended on the Hampden county CASA program; provided further, that not less than $125,000 shall be expended on the Essex county CASA program; provided further, that not less than $150,000 shall be expended on the Boston CASA program; and provided further, that not less than $53,995 shall be expended on the Berkshire county CASA program.”and

in said section 2, in said item 0337-0002, by striking out the figure “$20,248,171” and inserting in place thereof the following figure:- “$21,065,155”.

Budget Amendment ID: FY2019-S4-999-R1

Redraft JUD 999

Worcester County Juvenile Court

Mr. Moore, Ms. Gobi and Ms. L'Italien moved that the proposed new text be amended by inserting after section 29 the following section:-

“SECTION 29A. Section 58 of chapter 218 of the General Laws, as so appearing, is hereby amended by striking out, in line 12, the figure “4” and inserting in place thereof the following figure:- 5”.

Budget Amendment ID: FY2019-S4-999

JUD 999

Worcester County Juvenile Court

Mr. Moore, Ms. Gobi and Ms. L'Italien moved that the proposed new text be amended in section 2, in item 0337-0002, by adding the following words:- “; provided further; that not more than $300,000 shall be expended for the hiring of an additional justice and session clerk at the Worcester County Juvenile Court”; and

in said section 2, in said item 0337-0002, by striking out the figure “$20,248,171” and inserting in place thereof the following figure:- “$20,548,171”.

Budget Amendment ID: FY2019-S4-1000

JUD 1000

Relative to compensation for Susan Hubbard

Mr. Tarr moved that the proposed new text be amended by inserting after section __ the following section:-

"SECTION_:Notwithstanding any special or general law to the contrary, the treasurer of the Commonwealth is hereby authorized and directed to pay Susan Hubbard the sum of $29,808 for services rendered as a guardian pursuant to appointment as such by the Probate and Family Court for the period beginning on July 1, 2015 and ending on June 30, 2016 to compensate for such services provided; that said, Susan Hubbard shall provide itemized invoices to the treasurer for work performed prior to the payment of any sums hereunder.

Budget Amendment ID: FY2019-S4-1001

JUD 1001

Wiretapping for Drug Trafficking Offenses

Messrs. Tarr, O'Connor and Fattman moved that the proposed new text be amended by inserting after Section__, the following new sections:-

Section__. Section 99 of Chapter 272 of the General Laws is amended, in the preamble thereof, by inserting the following new paragraph at the end thereof:-

“The general court further finds that the sale and distribution of harmful drugs, even in the absence of organized crime, poses a serious and continuing threat to public health and safety, inflicting harm to individuals and families, and that to effectively address this threat law enforcement officials need to utilize every available tool to address this threat.”

Section__. Section 99 of Chapter 272 thereof is further amended by adding in subsection B, the following after the seventh paragraph:-

“7A. The term “designated offense” shall also include the trafficking of controlled substances, as defined in Section 1 of Chapter 94C of the General Laws.”

Budget Amendment ID: FY2019-S4-1002

JUD 1002

Protecting Inmate Safety and the Expenditure of State Funds

Messrs. Barrett and Moore, Ms. Friedman, Mr. Eldridge and Ms. L'Italien moved that the proposed new text be amended by inserting after section ____ the following sections:-

“SECTION _____. Section 24 of Chapter 37 of the Massachusetts General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following paragraph:

A sheriff, or anyone acting under a sheriff’s direction or by arrangement with a sheriff, shall not transport a prisoner or other person in the sheriff’s custody within the commonwealth beyond the borders of the commonwealth without the express prior written approval of the secretary of administration and finance and the secretary of the executive office of public safety and security. Nor shall a sheriff, nor anyone acting under a sheriff’s direction or by arrangement with a sheriff, transport said prisoner or other person out of the commonwealth without first filing, not less than 90 days before any transportation occurs, a detailed description of the purpose, mode and manner, physical and material conditions and constraints attendant to, and duration of, both the transport and the transport destination, with the secretary of administration and finance, secretary of the executive office of public safety and security, the chairs of the joint committee on public safety and homeland security, the chairs of the joint committee on the judiciary, the chair of senate ways and means and the chair of house ways and means. In the event of a bona fide public health or safety emergency that may necessitate the transportation of prisoners or other persons in a sheriff’s custody out of Massachusetts, said sheriff shall provide said detailed description to the chairs of the joint committee on public safety and homeland security, the chairs of the joint committee on the judiciary, the chair of senate ways and means and the chair of house ways and means as soon as is practicable, and shall obtain, prior to undertaking said transport, express prior written approval from the secretary of administration and finance and secretary of the executive office of public safety and security. Any prisoner or other person transported out of the commonwealth shall not participate in any work, labor, or public or community service program while outside the commonwealth without the express prior written approval of the aforementioned secretaries.

SECTION _____. Section 25 of said Chapter 37 of the Massachusetts General Laws, is hereby amended by adding the following paragraph:

The secretary of administration and finance shall not request, approve, or distribute any appropriations or monies for the transportation out of the commonwealth of a prisoner or other person in the custody of a sheriff unless said sheriff has complied with the provisions of section 24 of this chapter.”

Budget Amendment ID: FY2019-S4-1002-R1

Redraft JUD 1002

Protecting Inmate Safety and the Expenditure of State Funds

Messrs. Barrett and Moore, Ms. Friedman, Mr. Eldridge and Ms. L'Italien moved that the proposed new text be amended by inserting after section 25 the following section:-

“SECTION 25A. Chapter 127 of the General Laws is hereby amended by adding the following section:-

Section 170. No inmate or prisoner placed in the custody of a sheriff shall be transported outside of the commonwealth for the purposes of labor or public or community service programing unless there exists a bona fide public health or safety emergency. If such a bona fide public health or safety emergency exists, the sheriff shall file a description of the purpose, the proposed mode of transportation, the estimated duration of the time to be spent outside of the commonwealth, the housing and security arrangements to be made during the proposed stay and the estimated cost of the entire undertaking with the secretary of administration and finance, the secretary of the executive office of public safety and security, the chairs of the joint committee on public safety and homeland security and the chairs of the senate and house committees on ways and means and shall obtain written approval from the secretary of administration and finance and the secretary of the executive office of public safety and security prior to the commencement of said transport.”.

Budget Amendment ID: FY2019-S4-1003

JUD 1003

Indigent Counsel Fee

Mr. Barrett, Ms. Friedman and Mr. Eldridge moved that the proposed new text be amended by inserting after section _____ the following section:-

“SECTION ______. Section 2A of chapter 211D, as appearing in the 2014 Official Edition, is hereby amended by striking out subsections (f), (g), and (h).”

Budget Amendment ID: FY2019-S4-1004

JUD 1004

Permitting the children of a de-facto parent eligible for social security dependent benefits

Messrs. Lewis and Cyr, Ms. Friedman, Messrs. Moore, Welch and DiDomenico and Ms. Gobi moved that the proposed new text be amended by inserting after section ___ the following section:-

SECTION X. Section 7 of chapter 4 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word “ancestor”, in line 89, the following words:- , including the children of a de-facto parent who has been adjudicated as such by order, judgment, or judgment by agreement of the Family Court or other court of competent jurisdiction, and their issue.

SECTION X. Said section 7 of said chapter 4, as so appearing, is hereby further amended by adding the following clause:-

Sixtieth, “Parent” shall include a parent by birth, adoptive parent, or de-facto parent adjudicated as such by order, judgment, or judgment by agreement of the Family Court or other court of competent jurisdiction.

SECTION X. Section 21 of chapter 119 of the General Laws, as so appearing, is hereby amended by inserting after the ninth paragraph the following paragraph:-

“De-facto parent”, a person determined by a court order, judgment, or agreement to be the de-facto parent of a child. Such de-facto parent shall have the standing and rights of parents for purposes of this chapter.

SECTION X. Section 55 of said chapter 119, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

Section 55. If a child has been summoned to appear or is brought before such court upon a warrant, as provided in section fifty-four, a summons shall be issued to at least one of its parents, if either of them is known to reside within the commonwealth, and, if there is no such parent, then to its lawful guardian, if there is one known to be so resident, and if not, then to a de-facto parent, and if there is no such person, to the person with whom such child resides, if known. Said summons shall require the person served to appear at a time and place stated therein, and show cause why such child should not be adjudged a delinquent child and why it is not in such child's best interest that he be removed from his home and whether reasonable efforts were made to prevent or eliminate the need for removal from his home. If there is no such parent, guardian, de-facto parent, or person who can be summoned as aforesaid, the court may appoint a suitable person to act for such child. A parent, guardian, de-facto parent, or person with whom such child resides who is summoned to appear before the court to show cause why such child shall not be adjudged a delinquent child by reason of having committed the offense of willful or malicious destruction or wanton destruction of property, in violation of the provisions of section one hundred and twenty-seven or one hundred and twenty-seven A of chapter two hundred and sixty-six, and who willfully fails to so appear shall be punished by a fine of not less than two hundred nor more than three hundred dollars.

SECTION X. Section 2-114 of Chapter 190B of the General Laws, as so appearing, is hereby amended by inserting after the word “status”, in line 4, the following words:- , or a de-facto parent who has been adjudicated as such by order, judgment, or judgment by agreement of the Family Court or other court of competent jurisdiction.

SECTION X. Section 28 of Chapter 208 of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-

Section 28. Upon a judgment for divorce, the court may make such judgment as it considers expedient relative to the care, custody and maintenance of the minor children of the parties and may determine with which of the parents the children or any of them shall remain or may award their custody to a de-facto parent or some other suitable person if it seems expedient or for the benefit of the children.

SECTION X. Said section 28 of said chapter 208, as so appearing, is hereby further amended by inserting after the word “parent”, in line 20, the following words:- or by a de-facto parent.

SECTION X. Said section 28 of said chapter 208, as so appearing, is hereby further amended by inserting after the fourth sentence the following sentence:-

In such modification as the court deems appropriate custody may be granted to the de-facto parent or next friend or other suitable person as the court determines is in the best interest of the child.

SECTION X. Section 28A of said chapter 208, as so appearing, is hereby amended by inserting after the word “party”, in line 2, the following words:- or of a de-facto parent.

SECTION X. Said section 28A of said chapter 208, as so appearing, is hereby further amended by inserting after the first sentence the following sentence:-

Such temporary orders may grant custody to any of the persons to whom custody may be granted under Section 28 of this chapter.

SECTION X. Section 29 of said chapter 208, as so appearing, is hereby amended by inserting after the word “parent”, in line 5, the following words:- or of a de-facto parent.

SECTION X. Section 30 of said chapter 208, as so appearing is hereby amended by inserting after the word “parents”, in line 6, the following words:- , and any de-facto parent.

SECTION X. Section 31 of said chapter 208, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

Section 31. For the purposes of this section, the term “parent” shall include a de-facto parent or other suitable person to whom any order of custody is made, including an order by agreement, and the following words shall have the following meaning, unless the context requires otherwise:

SECTION X. Section 1 of Chapter 209B of the General Laws, as so appearing, is hereby amended by inserting after the word “includes”, in line 33, the following words:- a de-facto parent or.

SECTION X. Section 10 of chapter 209C of the General Laws, as so appearing, is hereby amended by inserting after the word “jointly”, in line 3, the following words:- or to a de-facto parent.

SECTION X. Said section 10 of said chapter 209C, as so appearing, is hereby further amended by striking out subsection (d) and inserting in place thereof the following subsection:-

(d) If a de-facto parent or other suitable person who is not a parent of the child requests custody, the court may order custody to that person if it is in the best interests of the child and if the written consent of both parents or the surviving parent is filed with the court. Such custody may also be ordered if it is in the best interests of the child and if both parents or the surviving parent are unfit to have custody or if one is unfit and the other files his written consent in court. A parent on notice who does not appear may be defaulted and custody given to the other or to the de-facto parent or other suitable person without the defaulting parent’s consent.

Budget Amendment ID: FY2019-S4-1006

JUD 1006

Bristol County District Attorney State Police Overtime

Messrs. Rodrigues, Feeney, Ross, Montigny and Timilty moved that the proposed new text be amended in section 2, in item 0340-0998, by striking out the figures “$393,218” and inserting in place thereof the figures "$468,218".

Budget Amendment ID: FY2019-S4-1006-R1

Redraft JUD 1006

Bristol County District Attorney State Police Overtime

Messrs. Rodrigues, Feeney, Ross, Montigny and Timilty moved that the proposed new text be amended in section 2, in item 0340-0998, by striking out the figure “$393,218” and inserting in place thereof the figure:- "$443,218"

Budget Amendment ID: FY2019-S4-1007-R1

Redraft JUD 1007

Public Safety Reform

Messrs. deMacedo, Tarr, Humason, Collins, Fattman and Ross moved that the proposed new text be amended by inserting the following sections:-

SECTION XX. Section 1 of chapter 265 of the General Laws is hereby amended by inserting the following paragraph:- “In the case where any person is charged with the murder of a police officer, corrections officer, probation officer, District Attorney or Assistant District Attorney, Trial Court officer, or Trial Court judge, such person shall be charged with Murder in The First Degree. If found guilty, such person shall be sentenced to a life term in state prison with no eligibility for parole.”

Budget Amendment ID: FY2019-S4-1007

JUD 1007

Public Safety Reform

Messrs. deMacedo, Tarr, Humason, Collins, Fattman, Ross, O'Connor and Cyr and Ms. O'Connor Ives moved that the proposed new text be amended by inserting the following sections:-

SECTION XX. Chapter 265 of the General Laws is hereby amended by inserting the following section:- “SECTION 59. (a) The following words as used in this section, unless a different meaning is required by the context or is specifically prescribed shall have the following meanings: “violent felony” shall include murder, manslaughter, kidnapping, rape, aggravated rape, rape of a child, aggravated rape of a child, mayhem, assault with a dangerous weapon, assault and battery with a dangerous weapon, aggravated assault and battery, assault with intent to rape, aggravated statutory rape, attempted indecent assault and battery, indecent assault and battery, indecent assault and battery of a child, unarmed robbery, armed robbery, home invasion, and armed assault in a dwelling. (b) Any person convicted of a fourth violent felony shall be sentenced to no more than two and one-half years in the House of Correction or 3 years in State Prison on and after the term for which such person is sentenced.

SECTION XX. Chapter 263 of the General Laws is hereby amended by inserting the following section:- “SECTION 1B. No person who is subject to a so-called Immigration and Customs Enforcement Detainer at the time of their arraignment in the District Court shall be released on bail within twenty-four hours of such arraignment.

SECTION XX. Section 10A of chapter 269 of the General Laws is hereby amended by inserting the following paragraph:- “Any person charged under this section shall be prohibited from entering a guilty plea to a lesser charge to avoid the mandatory sentencing guidelines established in this section.”

Budget Amendment ID: FY2019-S4-1008

JUD 1008

Requiring Conviction for Criminal Forfeiture

Ms. Creem and Mr. Boncore moved that the proposed new text be amended by inserting after section _ the following sections_-

SECTION 1. Paragraph (a) of Section 47 of Chapter 94C of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting in line 2 after the words “in the commonwealth” the following:- “only when a person has been convicted of violating a law subject to forfeiture”

SECTION 2. Paragraph (d) of said section 47 of Chapter 94C is hereby amended by striking in line 86 the words “in rem” and inserting in place thereof the following words:- “against a person who is alleged to have violated a law subject to forfeiture;”

SECTION 3. Paragraph (d) of said section 47 of Chapter 94C of the General Laws is hereby amended by striking in lines 105 to 107 the phrase “Upon the motion of the owner of said conveyance or real property, moneys or other things of value, the court may,” and inserting in place thereof the following: - “The court shall.”

SECTION 4. Paragraph (d) of said section 47 of Chapter 94C is hereby amended by adding at the end thereof the following sentence:- “A law enforcement agency or prosecuting authority may enter into an agreement to transfer or refer seized property to or receive seized property from a federal agency, state agency or any other agency directly, indirectly, by adoption, through an intergovernmental joint taskforce or by other means for the purposes of forfeiture litigation, but only to the extent that any such property was forfeited as provided for under this section.”

SECTION 5. Section 4 of Chapter 267A of the General Laws is hereby amended by striking the word “(b)” in the second sentence, and inserting in place thereof:- “(a).”

SECTION 6. Paragraph (a) of section 56 of Chapter 265 of the General Laws is hereby amended by inserting in line 2 after the phrase “in the commonwealth” the following phrase:- “only when a person has been convicted of violating a law subject to forfeiture”

SECTION 7. Paragraph (d) of section 56 of Chapter 265 of the General Laws is hereby amended by striking in line 46 the phrase “in rem” and inserting in place thereof the phrase “against a person who is alleged to have violated a law subject to forfeiture;”

SECTION 8. Paragraph (d) of section 56 of Chapter 265 of the General Laws is hereby amended by striking in lines 63 and 64 the words “Upon the motion of the owner of said conveyance or real property, moneys or other things of value, the court may,” and inserting in place thereof the words ”The court shall”

SECTION 9. Paragraph (d) of section 56 of Chapter 265 of the General Laws is hereby amended by adding thereof the following:- “A law enforcement agency or prosecuting authority may enter into an agreement to transfer or refer seized property to or receive seized property from a federal agency, state agency or any other agency directly, indirectly, by adoption, through an intergovernmental joint taskforce or by other means for the purposes of forfeiture litigation, but only to the extent that any such property was forfeited as provided for under this section.”

Budget Amendment ID: FY2019-S4-1009

JUD 1009

Hampshire County Family Resolutions Specialty Court

Messrs. Welch and Hinds, Ms. Gobi, Messrs. Humason and Lesser moved that the proposed new text be amended in section 2, in item 0330-0300, by adding the following words:- “; provided further, that not less than $175,000 shall be expended for the Family Resolutions Specialty Court at the Hampshire Probate and Family Court”; and

In said line item 0330-0300 striking out the figures “$240,698,826” and inserting in place thereof the following figures “$240,873,826”.

Budget Amendment ID: FY2019-S4-1009-R1

Redraft JUD 1009

Hampshire County Family Resolutions Specialty Court

Messrs. Welch and Hinds, Ms. Gobi, Messrs. Humason and Lesser moved that the proposed new text be amended in section 2, in item 0330-0300, by adding the following words:- “; provided further, that not less than $125,000 shall be expended for the Family Resolutions Specialty Court at the Hampshire Probate and Family Court”; and

In said line item 0330-0300 striking out the figures “$240,698,826” and inserting in place thereof the following figures “$240,823,826”.

Budget Amendment ID: FY2019-S4-1010-R1

Redraft JUD 1010

Establishment of Special Commission to Study Adult Guardianship

Ms. Creem, Messrs. Brownsberger, Moore and Barrett, Ms. L'Italien, Ms. Gobi, Messrs. O'Connor and Cyr moved that the proposed new text be amended by inserting, after section 56, the following section:-

“SECTION 56A. There shall be a special commission to study adult guardianship and conservatorship practices in the commonwealth. The commission shall consist of the following members or their designees: the house and senate chairs of the committee on children, families and persons with disabilities, who shall serve as co-chairs; the secretary of the executive office of health and human services; the chief justice of the probate and family court; 1 representative from each of the following organizations: AARP Massachusetts, The ARC of Massachusetts, Massachusetts Alzheimer’s Association, National Association of Social Workers Massachusetts, Mass Home Care, Disability Law Center, Inc., Massachusetts Health and Hospital Association, Inc., Center for Public Representation, Inc.; 1 person who shall be a member of Massachusetts Advocates Standing Strong, Inc.; 1 person who shall be a member of the committee for public counsel services who practices guardianship or disability law; 1 person who shall be a member of the National Academy of Elder Law Attorneys Massachusetts who practices guardianship law; 1 person who shall be an employee of Greater Boston Legal Services, Inc. who practices guardianship or disability law; 1 person who shall be a member of the Massachusetts Medical Society; 1 person who shall be a competency-expert faculty member or equivalent at the Harvard Medical School; 1 person who shall be a member of the Massachusetts Guardianship Policy Institute; and 2 persons to be appointed by the governor, 1 of whom shall be selected from at least 3 persons nominated by the National Association to Stop Guardianship Abuse and 1 of whom shall be a person under guardianship with a family guardian or conservator, who may be accompanied by his or her guardian or conservator.

The study shall include, but shall not be limited to: (i) a review of unmet needs in the commonwealth’s adult guardianship and conservatorship systems; (ii) recommendations on how best to meet the needs of adults with diminished capacity who lack financial resources or family or friends; (iii) an examination of the role that an office of public guardian might have in addressing unmet decisional needs in the commonwealth; (iv) an examination of methods to identify, prevent and remedy guardianship and conservatorship abuses; (v) an examination of the appropriate collection of fees by guardians and conservators; and (vi) a review of alternatives to guardianship, including, but not limited to, supported decision-making and other ways to encourage the use of such alternatives where appropriate.

Not later than July 31, 2019, the commission shall submit a written report of its findings, including legislative recommendations, to the clerks of the senate and the house of representatives, the senate and house committees on ways and means and the joint committee on children, families and persons with disabilities.”.

Budget Amendment ID: FY2019-S4-1010

JUD 1010

Establishment of Special Commission to Study Adult Guardianship

Ms. Creem, Messrs. Brownsberger, Moore and Barrett, Ms. L'Italien, Ms. Gobi, Messrs. O'Connor and Cyr moved that the proposed new text be amended by inserting, after section _, the following section:-

SECTION ___. (a) Notwithstanding any special or general law to the contrary, there shall be a special commission established pursuant to section 2A of chapter 4 to conduct a study on adult guardianship and conservatorship practices in the commonwealth. The commission shall consist of 21 members, including the following or their designees: the house and senate chairs of the committee on Children, Families & Persons with disabilities, who shall serve as co-chairs; the Secretary of the Executive Office of Health and Human Services; chief justice of the probate and family court; director of AARP Massachusetts; director of the Massachusetts ARC; director of the Massachusetts Alzheimer’s Association; director of the National Association of Social Workers Massachusetts; director of Mass Home Care; director of the Disability Law Center; director of the Massachusetts Health and Hospital Association; director of the Center for Public Representation; the following individuals, each of whom shall belong to the organization selecting them: a member of Massachusetts Advocates Standing Strong; a guardianship/disability attorney selected by the Massachusetts Committee for Public Counsel Services; an attorney member who practices guardianship law selected by the National Academy of Elder Law Attorneys Massachusetts; a guardianship/disability member selected by Greater Boston Legal Services; a competency-expert member selected by the Massachusetts Medical Society; a competency-expert faculty or equivalent selected by the Harvard Medical School; a member selected by the Massachusetts Guardianship Policy Institute; and the following individuals appointed by the Governor: one person selected from at least 3 names submitted for consideration by the National Association to Stop Guardianship Abuse; one person under guardianship with a family guardian or conservator, who may be accompanied by his or her guardian or conservator.

(b) The study shall include, but not be limited to:

(i) the identification of unmet needs in the commonwealth’s adult guardianship and conservatorship systems, including how best to meet the needs of adults of diminished capacity who lack financial resources or family or friends;

(ii) the role that an office of public guardian might have in addressing unmet decisional needs in the commonwealth;

(iii) the identification, prevention and, remedying of guardianship and conservatorship abuses;

(iv) when and how it is appropriate for guardians and conservators to collect fees; and

(v) a review of alternatives to guardianship, including but not limited to supported decision-making, and how the system and our laws can encourage use of these alternatives, where appropriate.

(c) The commission shall file the findings of its study and any proposed legislation by July 31, 2019, with the clerks of the house and the senate, who shall forward a copy of the report to the chairs of the house and senate committees on ways and means and the house and senate chairs of the joint committee on Children, Families and Persons with Disabilities.

Budget Amendment ID: FY2019-S4-1011

JUD 1011

Trial Court Paper Reduction

Ms. Creem, Messrs. Brownsberger and O'Connor moved that the proposed new text be amended by inserting, after section _, the following section:-

SECTION 1. Section 27A of chapter 221 of the General Laws, as amended by section 124 of chapter 46 of the acts of 2015, is hereby further amended in paragraph (1) by adding at the end there of the following:- “The Supreme Judicial Court may by rule or order make exceptions to this ten year retention requirement for papers filed in or relating to matters involving alleged violations of laws, rules or regulations regarding motor vehicle civil infractions, motor vehicle parking, littering, bicycles, pedestrians, municipal dog control, or non-criminal dispositions of municipal ordinance or by-law violations, or other non-criminal regulatory offenses.”

Budget Amendment ID: FY2019-S4-1012

JUD 1012

Social Law Library

Messrs. Brownsberger, O'Connor, DiDomenico and Barrett moved that the proposed new text be amended in section 2, in item 0321-2205, by striking out the figure "$1,906,264" and inserting in place thereof the following figure:- "$2,133,787".

Budget Amendment ID: FY2019-S4-1013

JUD 1013

Billable Hours Waiver

Mr. Brownsberger, Ms. Friedman, Messrs. Keenan and O'Connor moved that the proposed new text be amended by inserting after section XX the following new section:-

"SECTION YY Section 11 of chapter 211D of the General Laws, as most recently amended by section 16 of chapter 283 of the Acts of 2016, is hereby further amended by striking out subsection (d) and inserting in place thereof the following new subsection (d): - (d) Notwithstanding the billable hour limitations in subsections (b) and (c), the chief counsel may waive the annual cap on billable hours for private counsel appointed or assigned to indigent cases and the cap on accepting new appointment or assignments if the chief counsel finds that: (i) there is limited availability of qualified counsel in that practice area; (ii) shifting the service to private counsel would result in cost efficiencies; or (iii) shifting the service to private counsel would improve the quality of service; provided, however, that counsel appointed or assigned to such cases within the private counsel division shall not be paid for any time billed in excess of 2,000 billable hours and shall not accept any new appointment or assignment after having billed 1,500 billable hours during any fiscal year. It shall be the responsibility of private counsel to manage their billable hours."

Budget Amendment ID: FY2019-S4-1013-R1

Redraft JUD 1013

Billable Hours Waiver

Mr. Brownsberger, Ms. Friedman, Messrs. Keenan and O'Connor moved that the proposed new text be amended by inserting after section 29 the following new section:-

“SECTION 29A. Said section 11 of said chapter, as so appearing, is hereby further amended by striking out subsection (d) and inserting in place thereof the following subsection:-

(d) Notwithstanding the billable hour limitations in subsections (b) and (c), the chief counsel may waive the annual cap on billable hours for private counsel appointed or assigned to indigent cases and the cap on accepting new appointments or assignments if the chief counsel finds that: (i) there is limited availability of qualified counsel in that practice area; (ii) shifting the service to private counsel would result in cost efficiencies and not negatively impact the quality of service; or (iii) shifting the service to private counsel would improve the quality of service; provided, however, that counsel appointed or assigned to such cases within the private counsel division shall not be paid for any time billed in excess of 2,000 billable hours and shall not accept any new appointment or assignment after having billed 1,500 billable hours during any fiscal year. It shall be the responsibility of private counsel to manage their billable hours.”.

Budget Amendment ID: FY2019-S4-1014

JUD 1014

Dangerousness Hearings

Messrs. Fattman, Tarr, Humason and O'Connor moved that the proposed new text be amended by inserting after section __ the following new section:-

“SECTION __. Section 58A of chapter 276, as so appearing, is hereby amended by adding the following new subsection:-

(9) If an individual is charged for the second time with an offense listed in subsection (1) the commonwealth shall move, based on dangerousness, for an order of pretrial detention under subsection (3) or release on conditions under subsection (2).”

Budget Amendment ID: FY2019-S4-1015

JUD 1015

Prison Re-Entry

Messrs. Brownsberger, Boncore, Lewis and Brady, Ms. Creem, Mr. Eldridge, Ms. Friedman, Messrs. Barrett and Moore, Ms. Jehlen, Messrs. Rush, Cyr, Collins and Welch and Ms. L'Italien moved that the proposed new text be amended in section 2, by inserting after item 0339-1005 the following item:

"0339-1011 For the establishment of a grant program to be administered by the office of the commissioner of probation for community based residential re-entry programs to reduce recidivism by providing transitional housing, workforce development and case management to individuals returning to the community from state and county jails/prisons. Eligible placements include inmates of state and county jails/prisons approved pursuant to MGL ch. 127, s. 49 and 86F, individuals on parole or on probation.………………………….. $5,000,000"

Budget Amendment ID: FY2019-S4-1016

JUD 1016

Electronic Signatures for Criminal Complaints

Messrs. Brownsberger and Keenan moved that the proposed new text be amended by inserting after section XX the following sections:-

"SECTION YY. Section 22 of chapter 276 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended, in line 4, by inserting after the word “subscribed” the following words:- ", electronically or in person,"

SECTION YYY. Section 22 of chapter 276 of the General laws, as so appearing in the 2016 Official Edition, is hereby amended by adding, in line 7, after the word “Procedure." the following words:- "If a complaint is subscribed to electronically by the complainant, the complainant if a law enforcement officer may in lieu of being examined on oath by a justice, subscribe to the complaint under the pains and penalties of perjury. As used in this section, “law enforcement officer” shall mean including any officer of a local police department, the office of environmental law enforcement, the University of Massachusetts, a state university, a community college, capital and state police, and any officer appointed as a special state police officer under section 63 of chapter 22C."

SECTION ZZ. Section 2 of chapter 275 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting, in line 5, after the word “subscribed” the following words:- ", electronically or in person,"

SECTION ZZZ. Section 2 of chapter 275 of the General laws, as appearing in the 2016 Official Edition, is hereby amended, in line 5, by adding after the word “complainant." the following sentence: - “If a complaint is subscribed to electronically by the complainant, the complainant if a law enforcement officer may in lieu of being examined on oath by a justice, subscribe to the complaint under the pains and penalties of perjury. As used in this section, “law enforcement officer” shall mean including any officer of a local police department, the office of environmental law enforcement, the University of Massachusetts, a state university, a community college, capital and state police, and any officer appointed as a special state police officer under section 63 of chapter 22C."

Budget Amendment ID: FY2019-S4-1016-R1

Redraft JUD 1016

Electronic Signatures for Criminal Complaints

Messrs. Brownsberger and Keenan moved that the proposed new text be amended by inserting after section 29 the following 4 sections:-

“SECTION 29A. Section 2 of chapter 275 of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the word “by” and inserting in place thereof the following words:- , electronically or in person, by.

SECTION 29B. Said section 2 of said chapter 275, as so appearing, is hereby further amended by adding the following paragraph:-

If a complainant who subscribes to a complaint electronically is a law enforcement officer, the complainant may, in lieu of being examined on oath by a justice, subscribe to the complaint under the pains and penalties of perjury. As used in this section, “law enforcement officer” shall mean an officer of a local police department, the office of environmental law enforcement, the University of Massachusetts, a state university, a community college, capital and state police or an officer appointed as a special state police officer under section 63 of chapter 22C.

SECTION 9C. Section 22 of chapter 276 of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the word “by” and inserting in place thereof the following words:- , electronically or in person, by.

SECTION 9D. Said section 22 of said chapter 276, as so appearing, is hereby further amended by adding the following paragraph:-

Budget Amendment ID: FY2019-S4-1017-R2

2nd Redraft JUD 1017

Parole Board

Messrs. Brownsberger and O'Connor moved that the proposed new text be amended in section 2, in item 8950-0001, by striking out the figure “$16,416,718” and inserting in place thereof the following figure:- “$17,366,718”; and

in said section 2, by striking out item 8950-0008.

Budget Amendment ID: FY2019-S4-1017-R1

Redraft JUD 1017

Parole Board

In said section 2 by striking out item 8950-0008 in its entirety.

Budget Amendment ID: FY2019-S4-1017

JUD 1017

Parole Board

Mr. Brownsberger moved that the proposed new text be amended in section 2, in item 8950-0001, by striking out the figure “$16,416,718” and inserting in place thereof the following figure:- “$18,077,089”; and

In said section 2 by striking out item 8950-0008 in its entirety.