Budget Amendment ID: FY2020-S3-997

EPS 997

Firefighter Turnout Gear Grant Program

Messrs. Tarr, deMacedo, Tran, Humason and O'Connor moved that the proposed new text be amended in section 2, in item 8324-0000, by adding the following words:-“; provided further, that $500,000 shall be expended as a grant program for the purchase of firefighter turnout gear; and by striking out the figure “$27,386,212” and inserting in place thereof the following figure:-“$27,886,212”

Budget Amendment ID: FY2020-S3-998

EPS 998

Lab Analysis of Cocaine

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

SECTION XX.  Section 31 of chapter 94C of the General Laws, as most recently amended by chapter 69 of the acts of 2018, is hereby further amended by striking out clause (4) of paragraph (a) of Class B Page 275 and inserting in place thereof the following clause:- (4) Coca leaves, and the salts, optical and geometric isomers and salts of isomers, excluding coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; of cocaine, ecgonine, pseudococaine, allococaine and pseudoallococaine, their derivatives, their salts, isomers and salts of their isomers; or any compound, mixture, or preparation which contains any quantity of any of the substances referred to in this paragraph.

Budget Amendment ID: FY2020-S3-999

EPS 999

Wiretapping

Messrs. Moore and Tarr, Ms. Gobi and Mr. O'Connor moved that the proposed new text be amended by inserting after section ___ the following 2 sections:-

“SECTION ____. Paragraph A of section 99 of chapter 272 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the last subparagraph and inserting in place thereof the following 2 subparagraphs:-

The general court further finds that in certain circumstances normal investigative procedures may not be effective in the investigation of specific illegal acts not associated with organized crime as described in clause 7 of paragraph B. Therefore, law enforcement officials may use modern methods of electronic surveillance, under strict judicial supervision, when investigating those specific crimes.

The general court further finds that the uncontrolled development and unrestricted use of modern electronic surveillance devices pose grave dangers to the privacy of all citizens of the commonwealth. Therefore, the secret use of such devices by private individuals shall be prohibited. The use of such devices by law enforcement officials shall be conducted under strict judicial supervision and shall be limited to the investigation of designated offenses as defined in clause 7 of paragraph B.

SECTION ____. Paragraph B of  section 99 of chapter 272, as so appearing, is hereby amended by striking out clause 7 and inserting in place thereof the following clause:-

7. The term “designated offense” shall include (a) the following offenses in connection with organized crime as defined in the preamble:

; the illegal use, possession, theft, transfer or trafficking of one or more firearms, rifles, shotguns, sawed-off shotguns, machine guns, assault weapons, large capacity weapons, covert weapons as defined by section 121 of chapter 140, or silencers; any arson; assault and battery with a dangerous weapon; bribery; any felony burglary; money laundering in violation of chapter 267A; enterprise crime in violation of chapter 271A; extortion; forgery; gaming in violation of sections 38, 39, 40, 41 and 43 of chapter 23K and sections 16A and 17 of chapter 271; kidnapping; any felony larceny; lending of money or things of value in violation of the general laws; perjury; any felony involving prostitution; robbery; subornation of perjury; any violation of section 13B of chapter 268; any violation of this section; being an accessory to any of the foregoing offenses; and conspiracy, attempt or solicitation to commit any of the foregoing offenses; and (b) the following offenses, whether or not in connection with organized crime, as referenced in paragraph 3 of the preamble: human trafficking in violation of sections 50 through 53 of chapter 265; illegal trafficking in weapons; the illegal use or possession of explosives or chemical, radiological or biological weapons; civil rights violation causing bodily injury; being an accessory to any of the foregoing offenses; and conspiracy, attempt or solicitation to commit any of the foregoing offenses.”

Budget Amendment ID: FY2020-S3-1000

EPS 1000

Southern Worcester County Public Safety Improvements

Mr. Moore moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- “; provided further, that not less than $50,000 shall be expended for a public safety feasibility study in the town of Shrewsbury; provided further, that not less than $25,000 shall be expended on traffic enforcement equipment for the police department in the town of Upton”; and by striking out the figure “$3,590,131“ and inserting in place thereof the following figure: "$3,665,131".

Budget Amendment ID: FY2020-S3-1000-R1

Redraft EPS 1000

Southern Worcester County Public Safety Improvements

Mr. Moore moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following words:- “; provided further, that not less than $50,000 shall be expended for a public safety feasibility study in the town of Shrewsbury; provided further, that not less than $25,000 shall be expended for traffic enforcement equipment for the police department in the town of Upton”; and

in said section 2, in said item 8000-0313, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$175,000”.

Budget Amendment ID: FY2020-S3-1001

EPS 1001

Delinquent Children

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

"SECTION XX. Section 52 of chapter 119 of the General Laws, as amended by section 72 of chapter 69 of the acts of 2018, is hereby further amended by striking out the definition of “Delinquent child” and inserting in place thereof the following definition:-

“Delinquent child”, a child between 12 and 18 years of age who commits any offense against a law of the Commonwealth; provided, however, that a child shall not be adjudged a delinquent child for an offense that is a civil infraction, a violation of any municipal ordinance or town by-law or a first offense of a misdemeanor for which the punishment is a fine, imprisonment in a jail or house of correction for not more than 6 months or both such fine and imprisonment without first being afforded the opportunity to participate in a diversion or restorative justice program.”.

Budget Amendment ID: FY2020-S3-1003

EPS 1003

Community Policing Grants

Messrs. Collins and Moore moved that the proposed new text be amended in section 2, by inserting after item 8000-0655 the following new item:-

"8000-0660 For community policing grants to be administered by the executive office of public safety and security; provided, that grants shall be awarded pursuant to a distribution method determined by the secretary of public safety and security; provided further, that said secretary shall award grants based on criteria including, but not limited to, unspent balances of prior-year community policing awards, population statistics, crime rates, and the merits of community policing programs as described by municipalities on their grant applications; provided further, that grant funds shall only be expended on items that are related to community policing activities, programs, purchases, or construction; provided further, that grant funds shall not be expended on food and beverages, recruit training academy tuition, salaries and benefits for non community policing personnel, and payments for non-related overtime; provided further, that all grant funds distributed from this item shall be used to supplement local community policing efforts; and provided further, that all funds appropriated in this item and allocated for the fiscal year 2020 shall be awarded to the city of Boston for a pilot program for the reintroduction of community policing grants…………………..$500,000".

Budget Amendment ID: FY2020-S3-1004

EPS 1004

Merrimac Police Station Generator

Ms. DiZoglio moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- “; provided further, that not less than $50,000 shall be expended toward the installation of a new generator at the Merrimac Police Station”; and by striking out the figure $3,590,131”and inserting in place thereof the following figure:- “$3,640,131”.

Budget Amendment ID: FY2020-S3-1004-R1

Redraft EPS 1004

Merrimac Police Station Generator

Ms. DiZoglio moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following words:- “; provided further, that not less than $50,000 shall be expended for the installation of a new generator at the police station in the town of Merrimac”; and

in said section 2, in said item 8000-0313, by striking out the figure $100,000” and inserting in place thereof the following figure:- “$150,000”.

Budget Amendment ID: FY2020-S3-1005

EPS 1005

Plymouth District Attorney

Messrs. deMacedo and O'Connor moved that the proposed new text be amended in section 2, in item 0340-0800, by striking out the figure "$9,962,140" and inserting in place thereof the following figure:- "10,169,341".

Budget Amendment ID: FY2020-S3-1006

EPS 1006

C-10 Research & Education Foundation, Inc

Ms. DiZoglio and Mr. Tarr moved that the proposed new text be amended in section 2, in item 4510-0615, by adding at the end the following words:- “provided further, that not less than $57,029 shall be expended to C-10 Research & Education Foundation, Inc. for radiological monitoring equipment and technological upgrades”; and by striking out the figure “$1,895,090” and inserting in place thereof the following figure:- “$1,952,119”.

Budget Amendment ID: FY2020-S3-1007

EPS 1007

Living Assistance for Domestic Violence Victims

Ms. DiZoglio and Mr. O'Connor moved that the proposed new text be amended in section 2, in item 7004-9316, by adding the following new section:                                             

SECTION XX. There shall be a program of financial assistance for household expenses for victims of domestic violence and their minor children who do not qualify for Emergency Assistance, can otherwise afford rent, but possess insufficient funds to pay the cost of moving from an address known to an abuser to a new home. These expenses may include, but should not be limited to: rental fees, additional rents to be secured by the landlord, security deposits, moving company costs, fees to establish utilities and services, and any other costs not to exceed $8,000.

This program shall be available to those who demonstrate that they and/or their dependent children are survivors of domestic violence whose safety is at risk.

Participants in this program shall be afforded the opportunity to register with, and become instantly enrolled in, the Address Confidentiality Program offered by the Secretary of the Commonwealth.

Budget Amendment ID: FY2020-S3-1007-R1

Redraft EPS 1007

Living Assistance for Domestic Violence Victims

Ms. DiZoglio, Mr. O'Connor and Ms. Lovely moved that the proposed new text be amended in section 2, in item 7004-9316, by adding the following words:- “; provided further, that, notwithstanding clauses (i) and (ii), not less than $500,000 shall be expended to families and individuals who are at risk of injury or harm due to domestic violence in their current housing situation and whose household income is not greater than 60 per cent of the area median income; provided further, that families and individuals that are at risk of injury or harm from domestic violence who meet the qualifications of enrollment in the address confidentiality program shall be afforded the opportunity to register with and become enrolled in the address confidentiality program as offered by the state secretary”.

Budget Amendment ID: FY2020-S3-1007-R2

2nd Redraft EPS 1007

Living Assistance for Domestic Violence Victims

Ms. DiZoglio, Mr. O'Connor, Ms. Lovely and Mr. Welch moved that the proposed new text be amended in section 2, in item 7004-9316, by adding the following words:- “; provided further, that, notwithstanding clauses (i) and (ii), not less than $500,000 shall be expended to families and individuals who are at risk of injury or harm due to domestic violence in their current housing situation and whose household income is not greater than 60 per cent of the area median income; provided further, that families and individuals that are at risk of injury or harm from domestic violence who meet the qualifications of enrollment in the address confidentiality program shall be afforded the opportunity to register with and become enrolled in the address confidentiality program as offered by the state secretary”; and

in said section 2, in said item 7004-9316, by striking out the figure:- "$15,274,232" and inserting in place thereof the following figure:- “$15,774,232”.

Budget Amendment ID: FY2020-S3-1008-R1

Redraft EPS 1008

Environmental Police New Recruits

Mr. Moore, Ms. Gobi, Messrs. Eldridge, deMacedo and O'Connor moved that the proposed new text be amended in section 2, in item 2030-1000, by adding the following words:- “; provided further, that not less than $525,000 shall be expended for the expenses of hiring, equipping and training of new recruits”; and

in said section 2, in said item 2030-1000, by striking out the figure “$11,270,594” and inserting in place thereof the following figure:- "$11,795,594".

Budget Amendment ID: FY2020-S3-1008

EPS 1008

Environmental Police New Recruits

Mr. Moore, Ms. Gobi, Messrs. Eldridge, deMacedo and O'Connor moved that the proposed new text be amended in section 2, in item 2030-1000, by adding the following words:- “; provided further, that $1,600,000 shall be expended for the expenses of hiring, equipping and training of new recruits ”; and by striking out the figure “$11,270,594“ and inserting in place thereof the following figure: "$12,870,594".

Budget Amendment ID: FY2020-S3-1010

EPS 1010

Boston Fire Department

Mr. Collins, Ms. DiZoglio, Messrs. Feeney, O'Connor and Brady moved that the proposed new text be amended in section 2, in item 8324-0000, by inserting after the words “fire training program shall use the split days option;” the following words:-

“provided further, fire department training academies listed in item 8324-0000 of section 2 of chapter 182 of the acts of 2008 shall be allocated to each program in fiscal year 2020; provided further that in addition to the allocation listed in item 8324-0000 of section 2 of chapter 182 of the acts of 2008, the Boston Fire Department Training Academy shall be allocated an additional $500,000 ”

Mr. Collins of Boston, further moves to amend said line item 8324-0000 by striking out the number $27,386,212” and replacing it with the following:-

“$29,886,212”

Budget Amendment ID: FY2020-S3-1011

EPS 1011

Lynn Police Department Behavioral Health Uni

Mr. Crighton moved that the proposed new text be amended in section 2, in item 8000-0600, by adding at the end thereof the following words:- "; provided further, that not less than $150,000 shall be expended to the Lynn Police Department for their Behavioral Health Unit"; and by striking out the figure "$3,590,131" and inserting in place thereof the following figure:- "$3,740,131".

Budget Amendment ID: FY2020-S3-1011-R1

Redraft EPS 1011

Lynn Police Department Behavioral Health Unit

Mr. Crighton moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following words:- “; provided further, that not less than $150,000 shall be expended to the police department of the city of Lynn for their behavioral health unit”; and

in said section 2, in said item 8000-0313, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$250,000”.

Budget Amendment ID: FY2020-S3-1012

EPS 1012

Nahant Police Utility Vehicle

Mr. Crighton moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following words:- "; provided further, that not less than $15,000 shall be expended for a police side-by-side utility vehicle for the Nahant Police Department"; and by striking out the figure "$100,000" and inserting in place thereof the following figure:- "$115,000".

Budget Amendment ID: FY2020-S3-1013

EPS 1013

Saugus Fire Department Cascade Air Filling System

Mr. Crighton moved that the proposed new text be amended in section 2, in item 8324-0000, by adding the following: “Not less than $60,000 shall be expended to the Town of Saugus for a Cascade Air Filling System and a self-contained breathing apparatus for the Saugus Fire Department”; and by striking out the figure "$27,386,212" and inserting in place thereof the following figure:- "$27,446,212".

Budget Amendment ID: FY2020-S3-1014

EPS 1014

Town of Saugus Fire Department

Mr. Crighton moved that the proposed new text be amended in section 2, in item 8324-0000, by adding at the end thereof the following words:- "provided further, that not less than $50,000 shall be expended for the purchase of washers and dryers for the Saugus Fire Department"; and by striking out the figure "$27,386,212" and inserting in place thereof the following figure:- "$27,436,212".

Budget Amendment ID: FY2020-S3-1014-R1

Redraft EPS 1014

Town of Saugus Fire Department

Mr. Crighton moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following words:- “; provided further, that not less than $45,000 shall be expended for the purchase of washers and dryers for the fire department of the town of Saugus”; and

in said section 2, in said item 8000-0313, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$145,000”.

Budget Amendment ID: FY2020-S3-1015

EPS 1015

Prison Mitigation

Messrs. Eldridge, Feeney, Barrett and Pacheco moved that the proposed new text be amended in section 2, in item 8900-0001, by inserting after the words "housed by the department of correction" the following:-

; "provided further, that the department shall expend not less than $2,200,000 for municipalities hosting department of correction facilities; provided further, that of that $2,200,000, no municipality hosting a department of correction facility shall receive more than $800,000; provided further, that of the $2,200,000, no municipality hosting a department of correction facility shall receive less than the amount allocated in item 8900-0001 of section 2 of chapter 68 of the acts of 2011";

and in said item, by striking out the figure "$674,393,117" and inserting in place thereof the following figure:- "$676,593,117".

Budget Amendment ID: FY2020-S3-1016

EPS 1016

Access to Level 1 sex offender information for child care facilities

Messrs. Tarr and Humason moved that the proposed new text be amended by inserting after section _ the following section:-

“SECTION _. Chapter 6 of the General Laws is hereby amended by inserting after section 178J the following section:-

Section 178J ½. Notwithstanding any general or special law to the contrary, a designated point of contact person from the department of early education and care, a public or private pre-kindergarten school or a child care program or provider licensed by said department may request sex offender registry information, including, but not limited to information pertaining to level 1 sex offenders, from the board or the local police department as follows:

(i) Any designated point of contact person making a written request to the board pursuant to this section shall receive at no cost from the board a report which indicates whether an individual identified by name, date of birth or sufficient personal identifying characteristics is a sex offender with an obligation to register pursuant to this chapter, the offenses for which the offender was convicted or adjudicated and the dates of such convictions or adjudications. Any records of inquiry shall be kept confidential, except that the records may be disseminated to assist or defend in a criminal prosecution.  All reports to point of contact persons making inquiries shall include a warning regarding the criminal penalties for use of sex offender registry information to commit a crime or to engage in illegal discrimination or harassment of an offender and the punishment for threatening to commit a crime under section 4 of chapter 275. The board shall not release information identifying the victim by name, address or relation to the offender.

(ii) Any designated point of contact person making a request through the local police department pursuant to this section shall: (1) appear in person at such police station and present proper identification; and (2) complete and sign a record of inquiry designed by the board which shall include; (i) the name and address of the department, school, program or provider making such request, (ii) the name of the person that is the subject of the inquiry, or personal identifying information sufficient to allow the police to identify the subject of the inquiry and (iii) the reason for, and date and time of the inquiry.  If the search of the sex offender registry results in the identification of a sex offender required to register pursuant to this chapter, the police shall disseminate, to the point of contact person making the inquiry, the offenses for which the offender was convicted or adjudicated and the dates of such convictions or adjudications. The police shall not release information identifying the victim by name, address or the victim's relation to the offender.”

Budget Amendment ID: FY2020-S3-1017

EPS 1017

State Police Administration and Operations

Mr. Moore and Ms. DiZoglio moved that the proposed new text be amended in section 2, in item 8100-1001, by striking out the figure “$285,148,383” and inserting in place thereof the following figure:- “$286,368,339”.

Budget Amendment ID: FY2020-S3-1017-R1

Redraft EPS 1017

State Police Administration and Operations

Mr. Moore, Ms. DiZoglio, Messrs. Crighton, O'Connor, Tran and Keenan moved that the proposed new text be amended in section 2, in item 8100-1001, by adding the following words:- “; provided further, that not less than $1,030,000 shall be expended for the payroll costs of the state police directed patrols; provided further, that not less than $30,000 shall be expended for Troop A to conduct mounted, directed patrols throughout Revere beach, the Lynn fells and the Middlesex fells reservation park, among other identified areas; provided further that, subject to appropriation, communities that received funds for directed patrols in fiscal year 2008 shall receive an equal disbursement of funds in proportion to the current appropriation in fiscal year 2020; provided further, that funds shall be expended for directed patrols at Constitution beach in the East Boston section of the city of Boston; provided further, that not less than $95,000 shall be expended for additional patrols for the summer season at Wollaston beach and Furnace Brook parkway in the city of Quincy”; and by striking out the figure “$285,148,383” and inserting in place thereof the following figure:- “$287,523,339”.

Budget Amendment ID: FY2020-S3-1018

EPS 1018

Barnstable County Sheriff

Messrs. deMacedo and Brady moved that the proposed new text be amended in section 2, in item 8910-8200, by striking out the figure "$28,882,375" and inserting in place thereof the following figure:- "30,712,849".

Budget Amendment ID: FY2020-S3-1019-R1

Redraft EPS 1019

Northbridge Improvements

Mr. Moore moved that the proposed new text be amended in section 2, in item 7010-1192, by adding the following words:- “; provided further, that not less than $15,000 shall be expended for security improvements in Northbridge public schools”; and

in said section 2, in said item 7010-1192, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$115,000”.

Budget Amendment ID: FY2020-S3-1019

EPS 1019

Northbridge Improvements

Mr. Moore moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- “; provided further, that not less than $15,000 shall be expended for security improvements at the Northbridge public schools”; and by striking out the figure “$3,590,131“ and inserting in place thereof the following figure: "$3,605,131".

Budget Amendment ID: FY2020-S3-1020

EPS 1020

Dismas House

Ms. Chandler, Messrs. Eldridge and Moore and Ms. Gobi moved that the proposed new text be amended in section 2, in item 8900-0001, by inserting at the end, the following words:- “; and provided further, that $100,000 shall be expended for the Dismas House in Worcester”; and by striking out the figure "$674,393,117" and inserting in place thereof the following figure:- "674,493,117".

Budget Amendment ID: FY2020-S3-1021-R1

Redraft EPS 1021

HazMat Response Teams Funding

Mr. Brady, Ms. DiZoglio, Messrs. Feeney, Eldridge, O'Connor, Crighton, Hinds, Moore and Timilty moved that the proposed new text be amended in section 2, in item 8324-0000, by adding the following words:- “; provided further, that not less than $3,065,561 shall be expended for the hazardous materials emergency response program under chapter 21K of the General Laws”.

Budget Amendment ID: FY2020-S3-1021

EPS 1021

HazMat Response Teams Funding

Mr. Brady, Ms. DiZoglio, Messrs. Feeney, Eldridge, O'Connor, Crighton, Hinds, Moore, Timilty and Tran moved that the proposed new text be amended in section 2, in item 8324-0000, by inserting the following: “and provided further, that not less than $3,341,182 shall be expended for the hazardous materials emergency response program for the purposes of annual stipends pursuant to subsection (m) of section 5 of chapter 21K of the General Laws”; and in said item by striking out the figures “$20,304,522” and inserting in place thereof the following figures "$20,844,522” and by adding the following section:

Section XX. Section 5 of chapter 21K of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 140, the figure “$3,000” and inserting in place thereof the following figure:- $5,000.

Budget Amendment ID: FY2020-S3-1022

EPS 1022

Canton Active Shooter Training

Mr. Timilty moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- "; provided further, that $30,000 shall be expended for an active shooter training exercise in the town of Canton"; and by striking out the figure "$3,590,131" and inserting in place thereof the following figure:- "$3,620,131".

Budget Amendment ID: FY2020-S3-1023

EPS 1023

Easton Fire Department

Mr. Timilty moved that the proposed new text be amended in section 2, in item 8324-0000, by adding the following words:- "and provided further, that not less than $23,000 shall be expended on the Easton Fire Department for an inflatable boat and trailer"; and by striking out the figure "$27,386,212" and inserting in place thereof the following figure:- "$27,409,212".

Budget Amendment ID: FY2020-S3-1024

EPS 1024

Milton Traffic Calming Measures

Mr. Timilty moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- "provided that $20,000 shall be expended to the Milton Police Department for dedicated speed prevention patrols in the Town of Milton”; and by striking out the figure "$3,590,131" and inserting in place thereof the following figure:- "$3,610,131".

Budget Amendment ID: FY2020-S3-1024-R1

Redraft EPS 1024

Milton Traffic Calming Measures

Mr. Timilty moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following:- "; provided further, that not less than $20,000 shall be expended to the Milton police department for dedicated speed prevention patrols in the town of Milton”; and

in said section 2, in said item 8000-0313, by striking out the figure "$100,000" and inserting in place thereof the following figure:- "$120,000".

Budget Amendment ID: FY2020-S3-1025-R1

Redraft EPS 1025

Incident Command Vests

Mr. Timilty moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following:- "; provided further, that not less than $1,000 shall be expended to the town of Randolph for the purchase of incident command vests"; and

in said section 2, in said section 8000-0313, by striking out the figure "$100,000" and inserting in place thereof the following figure:- "$101,000".

Budget Amendment ID: FY2020-S3-1025

EPS 1025

Incident Command Vests

Mr. Timilty moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- "provided further, that $1,000 shall be expended to the Town of Randolph for the purchase of incident command vests"; and by striking out the figure "$3,590,131" and inserting in place thereof the following figure:- "$3,591,131".

Budget Amendment ID: FY2020-S3-1026

EPS 1026

First Responders Trauma Facility Support

Messrs. Tran, Tarr and Fattman moved that the proposed new text be amended in section 2, in item 4590-1507, by striking out the figure "$400,000" and inserting in place thereof the following figure:- "$500,000"; and moved further that the proposed new text be further amended in section 2, in item 4590-1507, by striking out the figure "$200,000" and inserting in place thereof the following figure:- "$300,000"; and by striking out the figure "$27,386,212" and inserting in place thereof the following figure:- "$27,586,212"

Budget Amendment ID: FY2020-S3-1026-R1

Redraft EPS 1026

First Responders Trauma Facility Support

Messrs. Tran, Tarr and Fattman moved that the proposed new text be amended in section 2, in item 8324-0000, by striking out, in line 40, the figure “$400,000” and inserting in place thereof the following figure:- "$500,000"; and

in said section 2, in said item 8324-0000, by striking out, in line 42, the figure “$200,000” and inserting in place thereof the following figure:- “$300,000”; and

in said section 2, in said item 8324-0000, by striking out the figure “$27,386,212” and inserting in place thereof the following figure:- “$27,586,212”.

Budget Amendment ID: FY2020-S3-1027

EPS 1027

Lunenburg Fire Department SCBA Gear

Mr. Tran moved that the proposed new text be amended in section 2, in item 8324-0000, by adding the following words:- "; provided further, that not less than $300,000 shall be expended for the Lunenburg Fire Department for the purposes of replacing the department's self-contained breathing apparatus"; and by striking out the figure "$27,386,212" and inserting in place thereof the following figure:- "$27,686,212".

Budget Amendment ID: FY2020-S3-1028

EPS 1028

Randolph Public Safety

Mr. Timilty moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words: - "provided further, that $500,000 be expended to the Town of Randolph for public safety training tools and supplies"; and by striking out the figure "$3,590,131" and inserting in place thereof the following figure:- "$4,090,131".

Budget Amendment ID: FY2020-S3-1029

EPS 1029

Boston Sparks Canteen

Mr. Collins moved that the proposed new text be amended in section 2, in item 8324-0000, by adding the following text:- “;provided further that not less than $25,000 shall be expended for the Boston Sparks Canteen Program to serve and assist first responders during emergency situations ; and in said item by striking out the amount of “$27,386,212" and inserting in its place the amount of “$27,411,212”.

Budget Amendment ID: FY2020-S3-1030

EPS 1030

Prison Mitigation

Mr. Tran moved that the proposed new text be amended in section 2, in item 8900-0001, by adding the following words:- "; and provided further, that the department shall expend not less than $2,000,000 for municipalities hosting department of correction facilities; provided further, that of that $2,000,000 no municipality hosting a department of correction facility shall receive more than $800,000" and by striking out the figure "$674,393,117" and inserting in place thereof the following figure:- "676,393,117

Budget Amendment ID: FY2020-S3-1030-R1

Redraft EPS 1030

Prison Mitigation

Mr. Tran moved that the proposed new text be amended in section 2, in item 8900-0001, by adding the following words:- "; and provided further, that the department shall expend not less than $2,200,000 for municipalities hosting department of correction facilities; provided further, that of that $2,200,000 no municipality hosting a department of correction facility shall receive more than $800,000" and by striking out the figure "$674,393,117" and inserting in place thereof the following figure:- "$676,593,117

Budget Amendment ID: FY2020-S3-1031

EPS 1031

2020 State Police Academy

Messrs. Tran and O'Connor moved that the proposed new text be amended in section 2, in item 8100-0515, by striking out the figures, "4,456,067" and inserting in place thereof the following figure:- "6,956,067".

Budget Amendment ID: FY2020-S3-1032

EPS 1032

Veterans Oral History Project

Messrs. Tran and O'Connor moved that the proposed new text be amended in section 2, in item 8700-0001, by adding the following words:- "; provided further, that not less than $50,000 shall be expended for the Massachusetts Veterans Oral History Project to be conducted by Home of the Brave, Inc., in conjunction with the Massachusetts National Guard Museum and Archives"; and by striking out the figure "$10,911,181" and inserting in the place thereof the following figure:- "$10,961,181".

Budget Amendment ID: FY2020-S3-1033

EPS 1033

Clinton Fire Department Gear

Mr. Tran moved that the proposed new text be amended in section 2, in item 8324-0000, by adding the following words:- "; provided further that not less than $30,000 shall be expended to the Clinton Fire Department for the purchase of additional fire equipment including, but not limited to, vehicle extrication tools"; and by striking the figure "$27,386,212" and inserting in place thereof the following figure:- "$27,416,212".

Budget Amendment ID: FY2020-S3-1033-R1

Redraft EPS 1033

Clinton Fire Department Gear

Mr. Tran moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following words:- "; provided further, that not less than $30,000 shall be expended to the Clinton fire department for the purchase of additional fire equipment including, but not limited to, vehicle extrication tools"; and

in said section 2, in said item 8000-0313, by striking out the figure "$100,000" and inserting in place thereof the following figure:- "$130,000".

Budget Amendment ID: FY2020-S3-1034

EPS 1034

Security Upgrades to Perkins School in Lancaster

Mr. Tran moved that the proposed new text be amended in section 2, in item 1599-0026, by adding the following words:- "; provided further that not less than $70,000 shall be expended to Doctor Franklin Perkins School in the town of Lancaster for the purchase of new security cameras and equipment"; and by striking the figure "$4,750,000" and inserting in place thereof the following figure:- "$4,820,000".

Budget Amendment ID: FY2020-S3-1035

EPS 1035

Gardner Playgrounds

Mr. Tran moved that the proposed new text be amended in section 2, in item 2810-0100, by adding the following words:- "; provided further that not less than $40,000 shall be expended to the City of Gardner for playground renovations"; and by striking out the figure "$42,486,288" and inserting in place thereof the following figure:- "$42,526,288"

Budget Amendment ID: FY2020-S3-1035-R1

Redraft EPS 1035

Gardner Playgrounds

Mr. Tran moved that the proposed new text be amended in section 2, in item 2810-0122, by adding the following words:- "; provided further, that not less than $40,000 shall be expended to the city of Gardner for playground renovations; provided further, that not less than $43,000 shall be expended for the Sam Pawlak community playground, an inclusive handicap-accesible playground project at Coolidge park in the city of Fitchburg"; and

in said section 2, in said item 2810-0122, by striking out the figure "$185,000" and inserting in place thereof the following figure:- "$268,000".

Budget Amendment ID: FY2020-S3-1036

EPS 1036

Westminster Fire Department Washer-Extractor

Mr. Tran moved that the proposed new text be amended in section 2, in item 8324-0000, by adding the following words:- "; provided further that not less than $10,000 shall be expended to the Westminster Fire Department for the purchase of a washer-extractor"; and by striking the figure "$27,386,212" and inserting in place thereof the following figure:- $27,396,212"

Budget Amendment ID: FY2020-S3-1036-R1

Redraft EPS 1036

Westminster Fire Department Washer-Extractor

Mr. Tran moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following words:- “; provided further, that not less than $10,000 shall be expended to the fire department of the town of Westminster for the purchase of a washer-extractor”; and

in said section 2, in said item 8000-0313, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$110,000”.

Budget Amendment ID: FY2020-S3-1037

EPS 1037

Bridgewater Monitoring

Ms. Creem and Mr. Keenan moved that the proposed new text be amended in section 2, in item 8900-0001, by striking the figure “$75,000” and inserting in place thereof the figure “$150,000”; and by striking the figure “$674,393,117” and inserting in place thereof the figure “$674,468,117”

Budget Amendment ID: FY2020-S3-1039-R1

Redraft EPS 1039

Judicial Reporting Requirements

Messrs. Tarr, deMacedo, Tran, Humason and O'Connor moved that the proposed new text be amended by inserting after section 75 the following section:-

“SECTION 75A. The sex offender registry board, in consultation with the probate court, shall study and report on the effectiveness of the requirements under sections 178E to 178H, inclusive, of chapter 6 of the General Laws, section 13 of chapter 210 of the General Laws and the regulations under 803 C.M.R. 1.26(5) to prevent a person who is required to register as a sex offender under sections 178C to 178Q, inclusive, of said chapter 6 from changing their name in order to avoid detection by the board, governmental departments, agencies, institutions, municipal police departments or the public. The report shall include, but not be limited to, data on: (i) the number of people required to be registered as a sex offender who petition the probate court for a name change each year; (ii) the number of people convicted under section 178H of said chapter 6 for: (A) failure to verify registration information after a legal name change; or (B) knowingly providing false information regarding a legal name change; and (iii) the estimated total number of people required to be registered as a sex offender who avoid the registration requirements under sections 178E to 178H, inclusive, of said chapter 6 by legally changing their name.

The sex offender registry board shall file its report, together with any recommendations, with the clerks of the senate and the house of representatives, the senate and house committees on ways and means and the joint committee on the judiciary not later than December 31, 2019.”.

Budget Amendment ID: FY2020-S3-1039

EPS 1039

Judicial Reporting Requirements

Messrs. Tarr, deMacedo, Tran, Humason and O'Connor moved that the proposed new text be amended SECTION X. Chapter 6 of the General Laws is hereby amended by inserting after said section 178E the following section:-

Section 178E

(a) Prior to approving a change of name, a probate court shall verify whether or not the applicant is defined as a sex offender who is required to register pursuant to sections 178C to 178P, inclusive, and if such applicant is so required, shall notify the board within 30 days after a change of name.

(b) The board, upon receipt of the sex offender's name change notification, shall promptly transmit notice of the sex offender's name registration change to: the police departments in the municipalities in the commonwealth wherein the sex offender is currently registered to reside, work or attend an institution of higher learning or other educational institution; the police departments in the municipalities in the commonwealth wherein the sex offender, as currently registered with the board, intends to reside, work, or plans to attend an institution of higher learning; and the police departments in the municipalities in the commonwealth wherein a sex offense was committed and the Federal Bureau of Investigation.

(c) Except as required under subsection (b), the board shall make notification of a sex offender's name change to governmental departments, agencies, institutions and municipal police departments or to the public, as authorized under section 178K to receive registration information. A municipal police department notified by the board of a sex offender's name change pursuant to subsection (b) shall make notification of such name change to individuals, organizations, governmental departments, agencies and institutions and municipal police departments or the public, as authorized under section 178K to receive registration information.

Budget Amendment ID: FY2020-S3-1040

EPS 1040

West Bridgewater Active Shooter Training

Mr. Timilty moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- "provided further, that $23,300 shall be expended to the Town of West Bridgewater for active shooter training"; and by striking out the figure "$3,590,131" and inserting in place thereof of the following figure:- "$3,613,431".

Budget Amendment ID: FY2020-S3-1040-R1

Redraft EPS 1040

West Bridgewater Active Shooter Training

Mr. Timilty moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following:- "; provided further, that not less than $23,300 shall be expended to the town of West Bridgewater for active shooter training"; and

in said section 2, in said item 8000-0313, by striking out the figure "$100,000" and inserting in place thereof of the following figure:- "$123,300".

Budget Amendment ID: FY2020-S3-1042

EPS 1042

Home of the Brave

Messrs. Rush, Eldridge and O'Connor moved that the proposed new text be amended in section 2, in item 8700-0001, by adding the following:- "provided further, that not less than $50,000 shall be expended for the Massachusetts Veterans Oral History Project to be conducted by Home of the Brave, Inc., in conjunction with the Massachusetts National Guard Museum and Archives”; and by striking out the figure “10,911,181” and inserting in place thereof the following figure:- “$10,961,181”.

Budget Amendment ID: FY2020-S3-1043

EPS 1043

Municipal Police Insurance

Messrs. Rush, Humason and O'Connor moved that the proposed new text be amended by inserting after section 80 the following section:-

“SECTION XX.  Notwithstanding any general or special law to the contrary, provisions of chapter 32b of the General Laws or the provisions  of 805 CMR 9.01 (3), the effective date of group insurance commission health coverage for municipal police officers shall begin on the first day of employment."

Budget Amendment ID: FY2020-S3-1044

EPS 1044

Tewksbury Fire Department

Mr. Finegold moved that the proposed new text be amended in section 2, in item 8324-0000, by adding the following words:- "provided further, that $75,000 shall be allocated to the fire department in the city of Tewksbury for municipal improvements to cover the cost of responding to Tewksbury state hospital"; and by striking out the figure "$27,386,212" and inserting in place thereof the following figure:- "$27,461,212".

Budget Amendment ID: FY2020-S3-1044-R1

Redraft EPS 1044

Tewksbury Fire Department

Mr. Finegold moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following words:- “; provided further, that not less than $75,000 shall be expended for the fire department in the town of Tewksbury for municipal improvements to cover the costs of responding to Tewksbury hospital”; and

in said section, in said item 8000-0313, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$175,000”.

Budget Amendment ID: FY2020-S3-1045-R1

Redraft EPS 1045

Norton Town Hall Improvements

Mr. Feeney moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following words:- "; provided further, that not less than $30,000 shall be expended for electrical improvements and the installation of a new generator at the Norton fire department and municipal center in the town of Norton"; and

in said section 2, in said item 8000-0313, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$130,000”.

Budget Amendment ID: FY2020-S3-1045

EPS 1045

Norton Town Hall Improvements

Mr. Feeney moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following words:- ";provided further, that not less than $50,000 shall be expended for electrical improvements and the installation of a new generator for the Norton Fire Department and Municipal Center in Norton" and by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$150,000”.

Budget Amendment ID: FY2020-S3-1046

EPS 1046

Mansfield Council on Aging Improvements

Mr. Feeney moved that the proposed new text be amended in section 2, in item 9110-1900, by adding the following words:- “; provided further, that not less than $25,000 shall be expended for costs associated with the feasibility study as well as the conversion and general improvements as they relate to the Mansfield police station being converted into a center for the Council on Aging" and by striking out the figure “$9,707,559” and inserting in place thereof the following figure:- “$9,732,559”.

Budget Amendment ID: FY2020-S3-1046-R1

Redraft EPS 1046

Mansfield Council on Aging Improvements

Mr. Feeney moved that the proposed new text be amended in section 2, in item 9110-9002, by adding the following words:- “; provided further, that not less than $25,000 shall be expended for costs associated with a feasibility study and for the conversion of and general improvements to the Mansfield police station, for the purposes of conversion into a center for the council on aging" and

in said section 2, in said item 9110-9002, by striking out the figure “16,740,125” and inserting in place thereof the following figure:- “16,765,125”.

Budget Amendment ID: FY2020-S3-1047-R1

Redraft EPS 1047

Gear Extractor and Drying Cabinet to Remove Carcinogens and Protect Fire Fighters in Attleboro

Mr. Feeney and Ms. Rausch moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following words:- "; provided further, that not less than $22,500 shall be expended to the city of Attleboro for the purchase of an additional gear extractor and drying cabinet to ensure that each fire house has the capability to wash and dry gear”; and

in said section 2, in said item 8000-0313, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$122,500”.

Budget Amendment ID: FY2020-S3-1047

EPS 1047

Gear Extractor and Drying Cabinet to Remove Carcinogens and Protect Fire Fighters in Attleboro

Mr. Feeney and Ms. Rausch moved that the proposed new text be amended in section 2, in item 8324-0000, by adding the following words:- ",provided further, that not less than $22,500 shall be expended for the purchase of an additional gear extractor and drying cabinet in the city of Attleboro to ensure that each fire house has the capability to wash and dry gear; and by striking out the figure “$27,386,212” and inserting in place thereof the following figure:- “$27,408,712”.

Budget Amendment ID: FY2020-S3-1048

EPS 1048

Active Shooter Training in Sharon

Messrs. Feeney and Timilty moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following words:- ";provided further, that not less than $35,000 shall be expended for active shooter training for the Fire Department, in coordination with the Police Department in Sharon" and by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$135,000”.

Budget Amendment ID: FY2020-S3-1049

EPS 1049

Seekonk Council on Aging Accessibility Improvements

Mr. Feeney moved that the proposed new text be amended in section 2, in item 9110-9002, by adding the following words:- “; provided that not less than $20,000 shall be expended for the installment of an elevator in the Senior Center Building in the town of Seekonk" and by striking out the figure “$16,740,125” and inserting in place thereof the following figure:- “$16,760,125”.

Budget Amendment ID: FY2020-S3-1050

EPS 1050

Rehoboth Public Safety Building Emergency Generator

Mr. Feeney moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following words:- "; provided further, that not less than $50,000 shall be expended for the replacement of a diesel emergency generator for the public safety building in the town of Rehoboth"and by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$150,000”.

Budget Amendment ID: FY2020-S3-1050-R1

Redraft EPS 1050

Rehoboth Public Safety Building Emergency Generator

Mr. Feeney moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following words:- "; provided further, that not less than $20,000 shall be expended to the town of Rehoboth for the replacement of a diesel emergency generator for the public safety building "; and

in said section 2, in said item 8000-0313, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$120,000”.

Budget Amendment ID: FY2020-S3-1051

EPS 1051

Fire Department Gear Extractors Grant Program

Mr. Feeney, Ms. Gobi, Ms. DiZoglio, Messrs. O'Connor, Brady, Crighton, Hinds, Humason, deMacedo, Montigny, Moore, Timilty, Tran, Tarr and Cyr moved that the proposed new text be amended in section 2, in item 8324-0000, by adding the following words:- ”;provided further, that not less than $420,000 shall be allocated for a grant program to provide financial assistance for the purchase of extractors” and by striking out the figure “$27,386,212” and inserting in place thereof the following figure:- “$27,806,212”.

Budget Amendment ID: FY2020-S3-1052

EPS 1052

Safer and Enhanced Drug Trafficking and Contraband Detection Technology for Norfolk County Sheriff

Messrs. Feeney, Timilty, O'Connor and Fattman moved that the proposed new text be amended in section 2, in item 8910-8600, by adding the following words:- ";provided further that no less than $45,000 is expended for enhanced inmate drug trafficking prevention and contraband detection technology.” and by striking the figure "$32,843,581" and inserting in place thereof the following figure:- "$32,888,581."

Budget Amendment ID: FY2020-S3-1053

EPS 1053

Department of Correction and Sheriff Funding Commission

Messrs. Feeney and O'Connor moved that the proposed new text be amended by striking out, in Section 71, line 13 the words “National Correctional Employees Union, Inc.” and inserting in place thereof the following words:- “Massachusetts AFL-CIO”

Budget Amendment ID: FY2020-S3-1054-R1

Redraft EPS 1054

County Wide Fire Communications System Upgrade for Bristol County

Messrs. Feeney, Pacheco, Timilty and Montigny moved that the proposed new text be amended in section 2, in item 8324-0000, by adding the following words:- “; provided further, that not less than $200,000 shall be expended for emergency radio communications upgrades for the Bristol County Fire Chiefs’ Association”; and

in said section 2, in said item 8324-0000, by striking out the figure “$27,386,212” and inserting in place thereof the following figure:- “$27,586,212”.

Budget Amendment ID: FY2020-S3-1054

EPS 1054

County Wide Fire Communications System Upgrade for Bristol County

Messrs. Feeney, Pacheco, Timilty and Montigny moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- ",provided further, that not less than $200,000 shall be expended for a Bristol County Fire Radio System" and by striking out the figure “$3,590,131” and inserting in place thereof the following figure:- “$3,790,131”.

Budget Amendment ID: FY2020-S3-1055

EPS 1055

Collection of Sex Offender Registration Fee

Messrs. Tarr and Humason moved that the proposed new text be amended by inserting after Section _, the following new section:- 

“SECTION_.Section 178Q of chapter 6 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting the following paragraph:-

The sex offender registry board shall, within 30 days of a sex offender's failure of the requirement under this section to pay said sex offender registry fee or any portion thereof, report to the department of revenue and the registry of motor vehicles the offender's name, other necessary identifying information as determined by the commissioner of the department of revenue or the registrar of motor vehicles, and the unpaid amount of any sex offender registration fee owed. The department of revenue shall intercept payment of such unpaid fee from tax refunds due to such offender and provide the amount intercepted to the sex offender registry board in accordance with the provisions of chapter 62D. For the purposes of this intercept, the sex offender registry board shall be considered a "claimant agency" as defined in section 1 of chapter 62D, and such set-off shall be conducted before the set-off of a refund for unpaid federal nontax liabilities to a federal agency. The registry of motor vehicles shall not issue or renew a driver's license, or motor vehicle registration for any vehicle subsequently purchased, to any offender reported with an unpaid sex offender registration fee until it receives subsequent notification from the sex offender registry board that the reported offender's fee has been paid.”

Budget Amendment ID: FY2020-S3-1056

EPS 1056

Public Safety Improvements in the town of Braintree

Messrs. Keenan and Timilty moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- "; provided further, that no less than $150,000 shall be expended to the town of Braintree for public safety improvements"; and by striking out the figure "$3,590,131" and inserting in place thereof the following figure:- "$3,740,131".

Budget Amendment ID: FY2020-S3-1057

EPS 1057

Plymouth County Fire Mutual Aid Radio Network

Messrs. Keenan, deMacedo, O'Connor and Timilty moved that the proposed new text be amended in section 2, in item 8324-0000, by adding the following words:- “; provided further, that not less than $100,000 shall be expended for the Fire Chiefs’ Association of Plymouth County, Inc. to maintain and upgrade emergency communication systems, provide for mass casualty and major operations incident planning and training, and to enhance mutual aid operations in Plymouth County”; and by striking out the figure "$27,386,212" and inserting in place thereof the following figure:- "$27,486,212".

Budget Amendment ID: FY2020-S3-1058

EPS 1058

Dispute Resolution Services

Messrs. Welch and Lesser moved that the proposed new text be amended in section 2, by inserting after item 8910-0102 the following item:

"XXXX-XXXX For Dispute Resolution Services, Inc. of Springfield to provide community mediation services to ex-offenders as an outlet for conflict resolution once they return to the community, provide general community mediation services to the residents of Hampden County to prevent everyday conflict escalation that would require police, court and potentially corrections interventions and involvement, additional service would include training for correctional officers and other staff members as requested in mediation and conflict resolution techniques to effectively address daily conflicts…………$75,000”.

Budget Amendment ID: FY2020-S3-1059

EPS 1059

Lab Analysis of Cocaine

Messrs. Keenan and O'Connor moved that the proposed new text be amended by inserting at the end thereof the following new section:-

SECTION X. Section 31 of chapter 94C of the General Laws, as most recently amended by chapter 69 of the acts of 2018, is hereby further amended by striking out clause (4) of paragraph (a) of Class B and inserting in place thereof the following clause:- (4) Coca leaves, and the salts, optical and geometric isomers and salts of isomers, excluding coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; of cocaine, ecgonine, pseudococaine, allococaine and pseudoallococaine, their derivatives, their salts, isomers and salts of their isomers; or any compound, mixture, or preparation which contains any quantity of any of the substances referred to in this paragraph.

Budget Amendment ID: FY2020-S3-1060

EPS 1060

Jail and House of Correction - Hampden County

Messrs. Welch and Lesser moved that the proposed new text be amended in section 2, in item 8910-0102, by striking out the figures “$75,662,572“ and inserting in place thereof the figures “$79,962,701”.

Budget Amendment ID: FY2020-S3-1060-R1

Redraft EPS 1060

Jail and House of Correction - Hampden County

Messrs. Welch, Lesser, Humason and Hinds moved that the proposed new text be amended in section 2, in item 8910-0102, by striking out the figures “$73,841,801" and inserting in place thereof the figures “$79,962,701”.

Budget Amendment ID: FY2020-S3-1061

EPS 1061

Western Mass Regional Women’s Correctional Center

Messrs. Welch, Lesser, Humason and Hinds moved that the proposed new text be amended in section 2, in item 8910-1030, by striking out figures “$4,108,308” and interesting in place thereof the figures “$4,206,665”

Budget Amendment ID: FY2020-S3-1062

EPS 1062

Hampden County DOC Re-entry

Messrs. Welch, Lesser, Humason and Hinds moved that the proposed new text be amended in section 2, in item 8910-1020, by striking out figures “$595,170” and interesting in place thereof the figures “$608,835”

Budget Amendment ID: FY2020-S3-1063

EPS 1063

Emergency Stabilization Unit - Hampden County

Messrs. Welch and Lesser moved that the proposed new text be amended in section 2, in item 8910-1010, by striking out the figures “$1,088,096" and inserting in place thereof the figures “$1,206,553”.

Budget Amendment ID: FY2020-S3-1063-R1

Redraft EPS 1063

Emergency Stabilization Unit - Hampden County

Messrs. Welch, Lesser, Humason and Hinds moved that the proposed new text be amended in section 2, in item 8910-1010, by striking out the figures “$1,091,246" and inserting in place thereof the figures “$1,206,553”.

Budget Amendment ID: FY2020-S3-1064

EPS 1064

Civil Commitments - Hampden County

Messrs. Welch, Lesser, Humason and Hinds moved that the proposed new text be amended in section 2, by inserting after item 8910-1000 the following item:  “8910-XXXX for the operations of the only Regional Section 35 program in Western Massachusetts for the counties of Hampden, Hampshire, Worcester, Franklin, and Berkshire which provides involuntary commitment to a treatment facility for up to ninety days of an individual who has an addiction to alcohol and/or legal or illegal drugs; provided that the program shall be located in Hampden County to provide treatment, case management, medical and mental health services, withdrawal management and ongoing monitoring, medication addiction treatment (MAT) and safety and security staffing as well as release planning and after care services; provided further that additional costs associated with the Section 35 program includes medication, food, clothing, medical needs and psychiatric services.”…...........………$5,933,500

Budget Amendment ID: FY2020-S3-1065

EPS 1065

Prison Industries Retained Revenue - Hampden County

Messrs. Welch, Lesser, Hinds and Humason moved that the proposed new text be amended in section 2, in item 8910-1000, in line 2, by striking out the figures “$2,991,332” and inserting in place thereof the figures “$3,500,000”, and in said item striking out the figures "$2,991,332" and inserting in place thereof the figures "$3,500,000".

Budget Amendment ID: FY2020-S3-1066

EPS 1066

Abington Fire Station

Mr. Keenan moved that the proposed new text be amended in section 2, in item 8324-0000, by adding the following words:- "; provided further, that not less than $30,000 shall be expended for a study of a centralized fire station in Abington"; and by striking out the figure "$27,386,212" and inserting in place thereof the following figure:- "$27,416,212".

Budget Amendment ID: FY2020-S3-1067

EPS 1067

Quincy Fire Department Hazardous Material Response Team

Mr. Keenan moved that the proposed new text be amended in section 2, in item 8324-0000, by adding the following words:- "; provided further, that not less than $50,000 shall be expended for the Quincy fire department hazardous material response team"; and by striking out the figure "$27,386,212" and inserting in place thereof the following figure:- "$27,436,212".

Budget Amendment ID: FY2020-S3-1068

EPS 1068

East Longmeadow Police Department Feasibility Study

Mr. Lesser moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following words:- "; provided further, that $25,000 shall be expended to the town of East Longmeadow for a feasibility study for the renovation and expansion of the existing police station"; and by striking out the figure "$100,000" and inserting in place thereof the following figure: "$125,000".

Budget Amendment ID: FY2020-S3-1069

EPS 1069

Randolph Ladder Truck

Mr. Timilty moved that the proposed new text be amended in section 2, in item 8324-0000, by adding the following words:- "provided further, that $1,300,000 shall be expended to the Town of Randolph to purchase a new ladder truck for the Randolph Fire Department"; and by striking out the figure "$27,386,212" and inserting in place thereof the following figure:- "$28,686,212".

Budget Amendment ID: FY2020-S3-1070

EPS 1070

Responsible Emergency Planning and Monitoring

Messrs. Cyr, deMacedo and O'Connor moved that the proposed new text be amended in section 2, in item 8800-0100, by striking the words “nuclear power generating facilities in the commonwealth” and inserting in place thereof the following:- "active or inactive nuclear power generating facilities that harbor spent nuclear fuel, high-level radioactive waste, or other nuclear material in a spent fuel pool or other storage structure; provided however, that these costs shall not be assessed against inactive facilities that store all spent nuclear fuel and high-level radioactive waste in dry cask storage systems licensed by the Nuclear Regulatory Commission; and provided further, that that no monies from any Decommissioning Trust Fund shall be used to satisfy this obligation;" and moves to further amend the bill by adding the following section:-

SECTION X. Section 5K of chapter 111 of the General Laws is hereby amended in subpart (E) after “defray the cost of such activities” by inserting following:- Such assessments may be made against operating nuclear power plants, or non-operating nuclear power plant sites, except for the Yankee Atomic Electric Company Independent Spent Fuel Storage Instillation site in Rowe Massachusetts, that harbor spent nuclear fuel, high-level radioactive waste, or other nuclear material in a spent fuel pool, in dry cask storage systems or other storage structure until such time as all plant facilities have completed the decommissioning process; provided however that no monies from any Decommissioning Trust Fund shall be used to satisfy assessments under this subpart.

SECTION X. Section 5K of chapter 111 of the General Laws is hereby amended in subpart (E) by striking out the words “Said amount shall not exceed $180,000 per anum, per facility”.

Budget Amendment ID: FY2020-S3-1070-R1

Redraft EPS 1070

Responsible Emergency Planning and Monitoring

Messrs. Cyr, deMacedo and O'Connor moved that the proposed new text be amended in section 2, in item 8800-0100, by striking out, in line 5, the words “generating facilities in the commonwealth” and inserting in place thereof the following words:- "plants and upon non-operating nuclear power plant sites that harbor spent nuclear fuel, high-level radioactive waste or other nuclear material in a spent fuel pool, dry cask storage systems or other storage structure; provided further, that these costs shall not be assessed against non-operating nuclear power plant sites where all plant facilities have completed the decommissioning process and the federal Nuclear Regulatory Commission has approved all areas of the site for unrestricted use, excluding the Independent Spent Fuel Storage Installation, in accordance with 10 CFR Part 50.82 and 10 CFR Part 72; and provided further, that that no monies from any Decommissioning Trust Fund shall be used to satisfy this obligation"; and

by inserting after section 35 the following section:-

“SECTION 35A. Subpart (E) of section 5K of chapter 111 of the General Laws, as so appearing, is hereby amended by inserting after the second sentence the following sentence:- Such assessments may be made against operating nuclear power plants and non-operating nuclear power plant sites that harbor spent nuclear fuel, high-level radioactive waste or other nuclear material in a spent fuel pool, dry cask storage systems or other storage structure; provided, that these costs shall not be assessed against non-operating nuclear power plant sites where all plant facilities have completed the decommissioning process and the federal Nuclear Regulatory Commission has approved all areas of the site for unrestricted use, excluding the Independent Spent Fuel Storage Installation, in accordance with 10 CFR Part 50.82 and 10 CFR Part 72; provided further, that no monies from any Decommissioning Trust Fund shall be used to satisfy assessments under this subpart.”.

Budget Amendment ID: FY2020-S3-1071

EPS 1071

Sheriff Compensation Parity

Messrs. Cyr and O'Connor moved that the proposed new text be amended by adding the following section:-

SECTION X. Chapter 37 of the General Laws is hereby amended by striking out section 17, and inserting in place thereof the following section:-

Section 17. The salaries of sheriffs shall be paid by their respective counties and shall, except as hereinafter provided, be in full compensation for all services rendered both as sheriff and as superintendent or keeper of the jail or house of correction. If a sheriff elects to act, or his deputy acts, as superintendent or keeper of the jail or house of correction and resides thereat, he shall be entitled to rent, heat and light, and such subsistence as he may desire out of the regular subsistence rations purchased for prisoners, together with such other maintenance as may be determined from time to time by the county personnel board.

The sheriffs of the counties of Barnstable, Bristol, Norfolk, Plymouth, Suffolk, Dukes, and Nantucket and of the former counties of Berkshire, Essex, Franklin, Hampden, Hampshire, Middlesex and Worcester shall each receive a salary of $151,709.

Budget Amendment ID: FY2020-S3-1072

EPS 1072

C3 Policing

Messrs. Welch and Lesser moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following:- “; provided further, that not less than $75,000 shall be expended for the New North Citizens Council in the city of Springfield for C3 and E3 police management in low-income and downtown neighborhoods. And in said item by striking out the figures “$100,000” and inserting in place thereof the following figure:- “$175,000”.

Budget Amendment ID: FY2020-S3-1072-R1

Redraft EPS 1072

C3 Policing

Messrs. Welch and Lesser moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following words:- “; provided further, that not less than $50,000 shall be expended to the New North Citizens Council in the city of Springfield for C3 and E3 police management in low-income and downtown neighborhoods”; and

in said section 2, in said item 8000-0313, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$150,000”.

Budget Amendment ID: FY2020-S3-1073-R1

Redraft EPS 1073

EPIC Police Training Program

Messrs. Welch and Lesser moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following words:- "; provided further, that not less than $40,000 shall be expended to the police department of the city of Springfield for EPIC, a new officer training program that emphasizes peer intervention"; and

in said section 2, in said item 8000-0313, by striking out the figure "$100,000" and inserting in place thereof the following figure:- "$140,000".

Budget Amendment ID: FY2020-S3-1073

EPS 1073

EPIC Police Training Program

Messrs. Welch and Lesser moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following:- "provided further, that not less than $50,000 shall be expended or a new training program for the City of Springfield Police Department called EPIC, officer-training program that emphasizes peer intervention." and in said item by striking out the figures  "$100,000" and insert in place thereof the following figure:- "$150,000".

Budget Amendment ID: FY2020-S3-1075

EPS 1075

Hilltown Youth Recovery Theater

Mr. Hinds moved that the proposed new text be amended in section 2, in item 8910-0108, by inserting at the end thereof the following:- "; provided further, that $75,000 shall be expended for the Hilltown Youth Recovery Theater"; and in said item, by striking out the figures "$16,803,075" and inserting in place thereof the figures "$16,878,075".

Budget Amendment ID: FY2020-S3-1075-R1

Redraft EPS 1075

Hilltown Youth Recovery Theater

Mr. Hinds moved that the proposed new text be amended in section 2, in item 4512-0205, by adding the following words:- “; provided further, that not less than $15,000 shall be expended for the Recovery Theater within the Hilltown Youth Theatre Performing Arts Programs”; and

in said section 2, in said item 4512-0205, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$115,000”.

Budget Amendment ID: FY2020-S3-1076

EPS 1076

MSP Reporting Information

Messrs. Rush, Brady, Tarr, Finegold and O'Connor moved that the proposed new text be amended in section 2, in item 8100-1001, by striking out, in line 32, the words “troop and “.

Budget Amendment ID: FY2020-S3-1076-R1

Redraft EPS 1076

MSP Reporting Information

Messrs. Rush, Brady, Tarr, Finegold and O'Connor moved that the proposed new text be amended in section 2, in item 8100-1001, by striking out, in lines 32 to 34, inclusive, the words “troop and category of payout; (ii) the average hours of overtime accumulated delineated by troop, trooper and reason for the use of overtime; and (iii)” and inserting in place thereof the following words:- “category of payout; (ii) the total compensation paid to each troop in aggregate, delineated by regular and overtime compensation; (iii) the average hours of overtime accumulated, delineated by trooper and reason for the use of overtime; (iv) the average hours of overtime accumulated, delineated by troop in aggregate; and (v)”.

Budget Amendment ID: FY2020-S3-1077

EPS 1077

Dukes County Sheriff

Mr. Cyr moved that the proposed new text be amended in section 2, in item 8910-8400, by striking out the figure “$3,021,660” and inserting in place thereof the following figure:- “$3,805,509”.

Budget Amendment ID: FY2020-S3-1078

EPS 1078

Springfield Police Department’s Hub and COR Program

Messrs. Lesser and Welch moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- "; provided further, that $25,000 shall be expended for the Springfield Police Department’s Hub and COR Program for the purpose of innovative collaboration between human service organizations and the police department in the city of Springfield”; and by striking out the figure "$3,590,131" and inserting in place thereof the following figure:- "$3,615,131".

Budget Amendment ID: FY2020-S3-1079

EPS 1079

Bridgewater State Hospital Patient Safety

Messrs. deMacedo and Moore moved that the proposed new text be amended in section 2, in item 8900-0001, by striking out the words "; provided further, that the Disability Law Center, Inc. may investigate the physical environment of said facilities, including infrastructure issues, and may use methods including, but not limited to, testing and sampling the physical and environmental conditions, regardless of whether they are utilized by patients or inmates"

Budget Amendment ID: FY2020-S3-1080-R1

Redraft EPS 1080

Non-profit security grant

Messrs. Lesser, Welch, Feeney, Crighton, Moore and Eldridge, Ms. Rausch, Messrs. Boncore, Tarr, Collins, Montigny, Humason, deMacedo, Fattman, O'Connor and Tran, Ms. Lovely, Ms. Gobi, Mr. Cyr and Ms. Creem moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following words:- “; provided further, that not less than $500,000 shall be expended for a nonprofit security grant program to provide support for target hardening and other physical security enhancements to nonprofit organizations that are at high risk of terrorist attacks or hate crimes as defined in section 32 of chapter 22C of the General Laws and are ineligible for the United States Department of Homeland Security’s Nonprofit Security Urban Area Grant Program based on their location; provided further, that: (i) not less than 1 such grant shall be awarded to a nonprofit organization in the eastern region of the commonwealth; (ii) not less than 1 such grant shall be awarded to a nonprofit organization in the central region of the commonwealth; and (iii) not less than 1 such grant shall be awarded to a nonprofit organization in the western region of the commonwealth”; and

in said section 2, in said item 8000-0313, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$600,000”.

Budget Amendment ID: FY2020-S3-1080

EPS 1080

Non-profit security grant

Messrs. Lesser, Welch, Feeney, Crighton, Moore and Eldridge, Ms. Rausch, Messrs. Boncore, Tarr, Collins, Montigny, Humason, deMacedo, Fattman, O'Connor and Tran, Ms. Lovely, Ms. Gobi, Mr. Cyr and Ms. Creem moved that the proposed new text be amended in section 2, by inserting after item 8000-0600 the following item:

“8000-XXXX  For a nonprofit security grant pilot program to provide support for target hardening and other physical security enhancements to nonprofit organizations that are at high risk of terrorist attack and are ineligible for the United States Department of Homeland Security’s Nonprofit Security Grant Program based on their location; provided, that: (a) not less than 1 such grant shall be awarded to a non-profit organization in the eastern region of the state; (b) not less than 1 such grant shall be awarded to a non-profit organization in the central region of the state; and (c) not less than 1 such grant shall be awarded to the western region of the state…………………………………………………………………..$1,000,000”

Budget Amendment ID: FY2020-S3-1081

EPS 1081

Boston Beach Patrols

Mr. Collins moved that the proposed new text be amended in section 2, in item 8100-1001, by adding the following text:- "provided further that not less than $50,000 shall be expended to the H-6 Station in South Boston for the purpose of additional beach patrols in South Boston and Dorchester including but not limited to Day Boulevard, Carson Beach, Castle Island, Tenean Beach, and Morrissey Boulevard" and in said item by striking the figure "$285,148,383" and inserting in place thereof the following figure:- "$285,198,383"

Budget Amendment ID: FY2020-S3-1081-R1

Redraft EPS 1081

Boston Beach Patrols

Mr. Collins moved that the proposed new text be amended in section 2, in item 8100-1001, by adding the following words:- "; provided further, that not less than $25,000 shall be expended for the H-6 station in the South Boston section of the city of Boston for the purpose of additional beach patrols in the South Boston, Dorchester, and Mattapan sections of the city of Boston including, but not limited to, Day Boulevard, Carson beach, Castle Island, Tenean beach, Toohig Park, the Neponset Greenway, and Morrissey boulevard"; and

in said section 2, in said item 8100-1001, by striking out the figure "$285,148,383" and inserting in place thereof the following figure:- "$285,173,383".

Budget Amendment ID: FY2020-S3-1082

EPS 1082

Assault and Battery Against Law Enforcement

Messrs. deMacedo, Timilty, Tarr and Fattman moved that the proposed new text be amended by inserting at the end thereof the following section:-

“SECTION XX. Chapter 265 of the General Laws is hereby amended by inserting after section 15F the following section:-

Section 15G. (a) As used in this section, “law enforcement officer” shall mean an officer of a local police department, the department of the state police or the Massachusetts Bay Transportation Authority police department.

(b) Whoever commits an assault or an assault and battery on a law enforcement officer: (i) with the intent to commit murder; (ii) by discharging a firearm, rifle, shotgun, sawed-off shotgun, machine gun or assault weapon; (iii) while the law enforcement officer is engaged in the performance of official duties; and (iv) with knowledge or reason to know that the victim is a law enforcement officer, shall be punished by imprisonment in the state prison for not less than 10 years and not more than 30 years. No sentence imposed under this paragraph shall be for less than a mandatory minimum term of imprisonment of 10 years, and a fine of not more than $150,000 may be imposed, but not in lieu of the mandatory minimum term of imprisonment established by this section.  Prosecutions commenced under this section shall not be continued without a finding nor placed on file.”.

Budget Amendment ID: FY2020-S3-1082.1

Further EPS 1082.1

Assault and Battery Against Law Enforcement Extended Penalties

Mr. Timilty moved that the amendment be amended in section 2, in item 0320-0010, to strike the definition of "law enforcement officer" in Section 15G. (a) and replaces language with:, "shall mean an officer of a local police department, fire department, the department of the state police, the Massachusetts Bay Transportation Authority police department, or members of the Massachusetts Department of Corrections.

Additionally, strikes the language in Section 15G. (b) (iv) "with knowledge or reason to know that the victim is a law enforcement officer, shall be punished by imprisonment in the state prison for not less than 10 years and not more than thirty days" and be replaced with the language :, "with knowledge or reason to know that the victim is a law enforcement officer, shall be punished by imprisonment in the state prison for not less than 15 years and not more than thirty days".

Budget Amendment ID: FY2020-S3-1082.1-R1

Redraft Further EPS 1082.1

Assault and Battery Against Law Enforcement Extended Penalties

Messrs. Timilty and Tarr moved that the amendment be amended in section 2, in item 0320-0010, the definition of "law enforcement officer" in Section 15G. (a) to be replaced with:, "shall mean an officer of a local police department, sworn fire fighters, the department of the state police, emergency medical services, the Massachusetts Bay Transportation Authority police department, or corrections or jail officers” :,  and in Section 15G. (b) (iv) "with knowledge or reason to know that the victim is a law enforcement officer, shall be punished by imprisonment in the state prison for not less than 10 years and not more than thirty days" and be replaced with the language :, "with knowledge or reason to know that the victim is a law enforcement officer, shall be punished by imprisonment in the state prison for not less than 15 years and not more than thirty days".

Budget Amendment ID: FY2020-S3-1083

EPS 1083

Electric City

Mr. Humason moved that the proposed new text be amended in section 2, in item 8000-0600, by inserting at the end thereof the following:- "provided further that $90,000 shall be expended for an emergency generator in the town of Agawam" and further in said item, by striking the figures "$3,590,131" and inserting in place thereof the following "$3,680,131".

Budget Amendment ID: FY2020-S3-1083-R1

Redraft EPS 1083

Electric City

Mr. Humason moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- "; provided further, that not less than $50,000 shall be expended for improvements to the biology laboratory in Wilson Hall"; and

in said section 2, in said item 7115-0100, by striking out the figure "$29,465,559" and inserting in place thereof the following figure:- "$29,515,559".

Budget Amendment ID: FY2020-S3-1083-R2

2nd Redraft EPS 1083

Electric City

Mr. Humason moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following words:- "; provided further, that not less than $90,000 shall be expended for an emergency generator in the town of Agawam"; and

in said section 2, in said item 8000-0313, by striking out the figure "$100,000" and inserting in place thereof the following figure:- "$190,000".

Budget Amendment ID: FY2020-S3-1084

EPS 1084

Department of Correction and Sheriff Funding Commission

Messrs. Fattman, deMacedo and Moore moved that the proposed new text be amended by striking out section 71.

Budget Amendment ID: FY2020-S3-1085

EPS 1085

Mendon Fire Upgrades

Mr. Fattman moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- “; provided further, that not less than $50,000 shall be expended for the purchase of a new cardiac monitor and turnout gear for the Mendon Fire Department in the town of Mendon”; and

In said section 2, in said item 8000-0600, by striking out the figure “$3,590,131” and inserting in place thereof the following figure:- “$3,630,131”.

Budget Amendment ID: FY2020-S3-1087

EPS 1087

Dudley Communications Equipment

Mr. Fattman moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- “; provided further, that not less than $100,000 shall be expended for the purchase of public safety communications equipment in the town of Dudley”; and

In said section 2, in said item 8000-0600, by striking out the figure “$3,590,131” and inserting in place thereof the following figure:- “$3,690,131”.

Budget Amendment ID: FY2020-S3-1087-R1

Redraft EPS 1087

Dudley Communications Equipment

Mr. Fattman moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following words:- “; provided further, that not less than $100,000 shall be expended for the purchase of public safety communications equipment in the town of Dudley”; and

in said section 2, in said item 8000-0313, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$200,000”.

Budget Amendment ID: FY2020-S3-1088-R1

Redraft EPS 1088

Oxford Communications Equipment

Mr. Fattman moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following words:- “; provided further, that not less than $75,000 shall be expended for the purchase of public safety communications equipment in the town of Oxford”; and

in said section 2, in said item 8000-0313, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$175,000”.

Budget Amendment ID: FY2020-S3-1088

EPS 1088

Oxford Communications Equipment

Mr. Fattman moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- “; provided further, that not less than $75,000 shall be expended for the purchase of public safety communications equipment in the town of Oxford”; and

In said section 2, in said item 8000-0600, by striking out the figure “$3,590,131” and inserting in place thereof the following figure:- “$3,665,131”.

Budget Amendment ID: FY2020-S3-1089

EPS 1089

Bellingham Fire Turnout Gear

Mr. Fattman moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- “; provided further, that not less than $50,000 shall be expended for the purchase of new turnout gear for the Bellingham Fire Department in the town of Bellingham”; and

In said section 2, in said item 8000-0600, by striking out the figure “$3,590,131” and inserting in place thereof the following figure:- “$3,630,131”.

Budget Amendment ID: FY2020-S3-1089-R1

Redraft EPS 1089

Bellingham Fire Turnout Gear

Mr. Fattman moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following words:- “; provided further, that not less than $50,000 shall be expended for the purchase of new turnout gear for the Bellingham fire department in the town of Bellingham”; and

in said section 2, in said item 8000-0313, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$150,000”.

Budget Amendment ID: FY2020-S3-1090-R1

Redraft EPS 1090

Southbridge Fire Turnout Gear

Mr. Fattman moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following words:- “; provided further, that not less than $50,000 shall be expended for the purchase of new turnout gear for the Southbridge fire department in the town of Southbridge”; and

in said section 2, in said item 8000-0313, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$150,000”.

Budget Amendment ID: FY2020-S3-1090

EPS 1090

Southbridge Fire Turnout Gear

Mr. Fattman moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- “; provided further, that not less than $50,000 shall be expended for the purchase of new turnout gear for the Southbridge Fire Department in the town of Southbridge”; and

In said section 2, in said item 8000-0600, by striking out the figure “$3,590,131” and inserting in place thereof the following figure:- “$3,630,131”.

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2226

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

SECTION XX. Section 1A of chapter 263 of the General Laws, as inserted by section 125 of chapter 69 of the acts of 2018, is hereby amended by striking out the word “felony” and inserting in place thereof the following word:- crime.

SECTION XX.  Chapter 268 of the General Laws is hereby amended by inserting after section 13D the following section:-

Section 13E.  Whoever unlawfully removes, destroys, damages, or interferes with the proper functioning of a geolocation monitoring device, breath-testing instrument, or other mechanism intended to facilitate recognizance or compliance with conditions of pretrial release, probation or parole, shall be punished by imprisonment in the state prison for not more than 10 years or imprisonment in a house of correction for not more than 2 and ½ years.  In any proceeding under section 58, 58A, 58B or 59 of chapter 276, the fact of a person’s prior conviction pursuant to this section shall be prima facie evidence that there is no financial condition or other condition of release that will reasonably assure the presence of the person so convicted.

SECTION XX.  Section 42A of chapter 276 of the General Laws is hereby amended by striking out the first six paragraphs and inserting in place thereof the following paragraph:-

As part of the disposition of any criminal complaint involving a crime of abuse, as defined in section 57, the court may establish such terms and conditions of probation as will insure the safety of the person who has suffered such abuse or threat thereof, and will prevent the recurrence of such abuse or threat thereof.

SECTION XX. Said chapter 276 is hereby amended by striking out sections 57 through 58B, inclusive, as appearing in the 2016 Official Edition, and inserting in place thereof the following 6 sections:-

Section 57.  (a) As used in sections 57 through 59, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

“Controlled substance”, the same meaning as in section 1 of chapter 94C.

“Crime of abuse”, a crime that involves assault and battery, trespass, threat to commit a crime, or any other criminal conduct and that involves the infliction, or the imminent threat of infliction, of physical harm upon a person by such person’s family or household member as defined in section 1 of chapter 209A; any violation of an order issued pursuant to section 18 or 34B of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A or section 15 or 20 of chapter 209C; or any act that would constitute abuse, as defined in section 1 of chapter 209A; or a violation of section 13M or 15D of chapter 265.

“Dangerous crime”, any of the following:

(A)  a felony that has as an element of the crime the use, attempted use or threatened use of physical force against the person of another;

(B)  the crimes of burglary or arson;

(C)  a violation of an order pursuant to section 18, 34B or 34C of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A or section 15 or 20 of chapter 209C;

(D)  a misdemeanor or felony involving abuse as defined in section 1 of chapter 209A;

(E) a sex offense involving a child as defined in section 178C of chapter 6;

(F)  a violation of section 13B of chapter 268;

(G)  a violation of section 13, 13 ½, 13B, 13B ½, 13 B ¾, 13F, 18B, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 25, 26B, 26C, 37, 43A, 50 or 51 of chapter 265 or a violation of section 13D of said chapter 265 in which the public employee is a police officer;

(H)  a violation of section 4A, 4B, 16, 29A, 29B, 29C, 77 or 105 of chapter 272;

(I)  a violation of section 24G of chapter 90 which occurs under the influence of alcohol or drugs, or a violation of section 8B of chapter 90B; or a third or subsequent violation of section 24 of chapter 90 or section 8 of chapter 90B;

(J)  a crime under chapter 94C for which the maximum term of imprisonment is more than 10 years;

(K)  any violation of sections 102 or 102A, or a malicious violation of section 127 of chapter 266;

(L)  a violation of section 131N of chapter 140 or subsection (a), (b), (c), (d), (h), (j) or (m) of section 10 or section 11C of chapter 269;

(M)  a violation of section 10A, 10E, or 10G of chapter 269;

(N)  threats to kill, rape, or cause serious bodily injury;

(O)  conspiracy or solicitation to commit any of the above enumerated crimes.

“Financial condition”, a secured or unsecured bond.

“Judicial officer”, a judge or a clerk or assistant clerk of the superior, district, Boston municipal, or juvenile court.

“Release order”, any order releasing a defendant on personal recognizance or on conditions, regardless of whether the defendant has satisfied any financial condition.

“Secured bond”, payment to the court of a specified amount of money that in the discretion of the judicial officer will reasonably assure the presence of a defendant, taking into consideration the defendant’s ability to pay.

“Unsecured bond”, a defendant’s promise to pay to the court a specified amount of money if the defendant does not appear before the court on a date certain or fails to abide by any conditions of release set under clause (B) of paragraph (1) of subsection (b) of section 58, such amount being an amount that in the discretion of the judicial officer will reasonably assure the presence of a defendant, taking into consideration the defendant’s ability to pay.

(b)  Upon the appearance of a defendant charged with a crime, the judicial officer shall hold a hearing, at which the defendant and his counsel, if any, may participate and inquire into the case, to determine whether the defendant shall be released or detained pending trial of the case, as provided in this section and sections 58, 58A, and 58B.  At the hearing, the judicial officer shall have immediate access to all pending and prior criminal offender record information, board of probation records, out of state criminal records, and police and incident reports related to the defendant, upon oral, telephonic, facsimile or electronic mail request, to the extent practicable. 

At the conclusion of such hearing, the judicial officer shall issue an order that, pending trial, the defendant be:

(1) Released on personal recognizance under clause (A) of paragraph (1) of subsection (b) of section 58;

(2) Released on financial or other conditions under clauses (B) or (C) of paragraph (1) of subsection (b) of section 58;

(3) Detained under section 58A;

(4) Released on financial or other conditions under section 58A; or

(5) Temporarily detained to permit an opportunity for the attorney for the commonwealth to move for revocation of conditional release under section 58B.

(c)For a person who is arrested and not released under section 59, a hearing under section 58 shall take place no later than the next day that the superior, district, Boston municipal, or juvenile court in the place of jurisdiction is in session, provided that, in a case that involves a crime of abuse, (1) the commonwealth shall be the only party permitted to move for arraignment within 3 hours of a complaint being signed by a magistrate or a magistrate’s designee; and (2) a defendant arrested, who has attained the age of 18 years, shall not be released sooner than 6 hours after arrest, except by a judge in open court.

Any hearing under section 58A shall be held immediately upon the motion of the commonwealth unless the defendant, or the attorney for the commonwealth, seeks a continuance. Except for good cause, a continuance on motion of the defendant may not exceed 5 business days, and a continuance on motion of the attorney for the commonwealth may not exceed 3 business days. During a continuance, the individual shall be detained.  The commonwealth may move for an initial hearing under section 58A at any time before disposition of the case.  Once a hearing under section 58A commences, the defendant shall be detained pending completion of the hearing.

In any pending case where the defendant has been first arraigned in the district, Boston municipal, or juvenile court and is subsequently arraigned in superior court for the same or related crimes arising out of the same incident, the superior court may conduct a new hearing under section 58 or, upon motion of the commonwealth, section 58A, provided that any order of the district, Boston municipal, or juvenile court concerning the defendant issued under section 58 or 58A shall remain in effect until such time as the superior court issues a new order under section 58 or 58A.  In any such new hearing in the superior court, the judicial officer shall consider the defendant’s compliance with any previously ordered conditions of release.

Any hearing under section 58 may be reopened by the judicial officer, and any hearing under section 58A may be reopened by the judge.  Any hearing under either section may also be reopened upon motion of the commonwealth or the defendant, provided that the judicial officer or judge determines by a preponderance of the evidence that: (1) information exists that was not known to the movant at the time of the hearing or there has been a material change in circumstances; and (2) such information or change in circumstances has a substantial bearing on the issue of whether the defendant’s detention, defendant’s release on conditions, or conditions imposed on the defendant are necessary and sufficient to reasonably assure the appearance of the defendant and the safety of any other person and the community.  In any such reopened hearing, the judicial officer shall consider the defendant’s compliance with any previously ordered conditions of release.

Section 58.  (a) Unless the attorney for the commonwealth has moved for detention under section 58A, the judicial officer shall order the pretrial release of a defendant on personal recognizance, subject to the condition that the defendant not commit a new crime during the period of release, unless the judicial officer determines, in the exercise of his or her discretion, that the release will not reasonably assure the appearance of the defendant or will endanger the safety of any other person or the community.

(b) If the judicial officer determines, in the exercise of his or her discretion, that the release described in subsection (a) will not reasonably assure the appearance of the defendant or will endanger the safety of any other person or the community:

(1)  the judicial officer shall order the pretrial release of the defendant subject to:

(A) the condition that the defendant not commit a new crime during the period of release; and

(B) the least restrictive further condition, or combination of conditions, that the judicial officer determines will reasonably assure the appearance of the defendant, which may include the condition or combination of conditions that the defendant during the period of release shall:

(i) abide by specified restrictions on place of abode or travel;

(ii) report on a regular basis to a designated law enforcement agency, pretrial services agency, or other agency;

(iii) refrain from use of alcohol, marijuana, or other intoxicants, and from use of any controlled substance, except as prescribed or certified by a licensed medical practitioner;

(iv)  submit to random testing to monitor compliance with any conditions ordered under subclause (iii);

(v)  comply with a specified curfew or home confinement;

(vi)  undergo medical, psychological, or psychiatric treatment, including treatment for substance or alcohol use disorder, if available, and remain in a specified institution if required for that purpose;

(vii)  submit to electronic monitoring, provided that any condition of electronic monitoring may include either specified inclusion or exclusion zones or a curfew;

(viii)  participate in a community corrections program pursuant to chapter 211F; provided, however, that the defendant shall consent to such participation;

(ix)  participate in a notification program pursuant to subsection (c);

(x)  provide an unsecured or secured bond to satisfy a financial condition that the judicial officer may specify; provided that a financial condition shall be set in an amount no higher than what would reasonably assure the appearance of the person before the court after taking into account the person’s financial resources; provided, however, that a higher than affordable financial condition may be set if neither alternative nonfinancial conditions nor an amount which the person could likely afford would adequately assure the person’s appearance before the court; and provided further that for crimes that do not carry a penalty of incarceration, no secured bond may be ordered unless the defendant has previously failed to appear on that charge; and

(xi)  satisfy any other condition that is reasonably necessary to assure the appearance of the defendant; and

(C)  the least restrictive further condition, or combination of conditions, that the judicial officer determines will reasonably assure the safety of any other person and the community, which may include the condition or combination of conditions that the defendant during the period of release shall:

(i)  refrain from abusing and harassing any alleged victim of the charged crime and any potential witness who may testify concerning the charged crime;

(ii)  stay away from and have no contact with an alleged victim of the charged crime and with any potential witness who may testify concerning the charged crime;

(iii)  refrain from possessing a firearm, rifle, shotgun, destructive device, or other dangerous weapon;

(iv)  comply with restrictions on personal associations, a curfew or home confinement;

(v)  refrain from use of alcohol, marijuana, or other intoxicants, and from use of any controlled substance except as prescribed or certified by a licensed medical practitioner;

(vi)  undergo medical, psychological, or psychiatric treatment, including treatment for substance or alcohol use disorder, if available, and remain in a specified institution if required for that purpose;

(vii) submit to electronic monitoring, provided that any condition of electronic monitoring may include either specified inclusion or exclusion zones or a curfew;

(viii) satisfy any other condition that is reasonably necessary to assure the safety of any other person and the community.

(2)  When setting any conditions under clause (B) of paragraph (1), the judicial officer shall consider where relevant the following factors concerning the defendant: 

(A)  financial resources;

(B)  family ties;

(C)  any record of convictions under the laws of the commonwealth or the laws of another state, the United States, or a military, territorial or Indian tribal authority;

(D)  potential penalty the defendant faces;

(E)  any illegal drug distribution or present drug dependency;

(F)  any employment record;

(G)  any history of mental illness;

(H)  any flight to avoid prosecution or fraudulent use of an alias or false identification;

(I)  any failure to appear at any court proceedings to answer to a charge;

(J)  any prior violation of conditions of release,probation, or parole, or of a temporary or permanent order issued under section 18 or 34B of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A or section 15 or 20 of chapter 209C;

(K)  the nature and circumstances of the crimes charged;

(L)  whether the defendant was, at the time of the crime charged, on release pending adjudication, sentencing or appeal of a prior charge;

(M)  whether the defendant was, at the time of the crime charged, under the supervision of the commissioner of probation, the parole board or any other comparable authority of this or another state or of the federal government.

(3) When setting any conditions under clause (C) of paragraph (1), the judicial officer shall consider where relevant the following factors concerning the defendant:

(A) any factors listed in clauses (B) through (M) of paragraph (2);

(B) whether the acts alleged involve a crime of abuse;

(C) any history of orders issued against the defendant pursuant to section 18 or 34B of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A or section 15 or 20 of chapter 209C; and

(D) any risk that the defendant will attempt to obstruct justice, or attempt to threaten, injure, or intimidate a prospective witness or juror.

(4) In establishing any financial condition under clause (B) of paragraph (1), any order must comply with the following requirements:

(A) A judicial officer may not impose a financial condition to assure the safety of any other person or the community, but may impose a financial condition when necessary to reasonably assure the defendant’s appearance. 

(B) Where it appears, based on credible evidence, that the defendant lacks sufficient financial resources to post any secured bond required by the judicial officer, such that requiring such secured bond will result in the long-term pretrial detention of the defendant, the judicial officer must provide findings of fact and a statement of reasons for the decision, either in writing or orally on the record, confirming that the judicial officer considered the defendant's financial resources and explaining why the defendant's risk of non-appearance is so great that no alternative, less restrictive financial or nonfinancial conditions will suffice to assure the defendant’s presence at future court proceedings and explaining how the amount was calculated after taking the person’s financial resources into account and why the commonwealth’s interest in a financial condition outweighs the potential adverse impact on the person, their immediate family or dependents resulting from pretrial detention.

(C) When reconsidering or reviewing a financial condition in a case where a defendant has been detained due to his inability to meet the financial condition, a judicial officer shall consider the length of the defendant’s pretrial detention and the equities of the case.

(5)  If the judicial officer imposes a financial condition, the clerk and assistant clerks of the court shall accept, without charging any fee, any money tendered in satisfaction of such financial condition during the regular business hours of that court. 

(6) Before ordering the release of any defendant charged with a crime against the person or property of another, the judicial officer shall comply with the domestic abuse inquiry requirements of section 56A.

(7) In a release order issued under this section, the judicial officer shall:

(A) Include a written statement that sets forth all the conditions to which the release is subject, in a manner sufficiently clear and specific to serve as a guide for the defendant’s conduct; and

(B) If the defendant is not released on personal recognizance or unsecured bond, include a written summary of the reasons for denying such release and detailed reasons for imposing any financial condition; and

(C) Advise the defendant of:

(i) The consequences of violating a condition of release, including immediate arrest or issuance of a warrant for the defendant’s arrest, revocation of release, and, if applicable, the potential that the person may face criminal penalties, including penalties for violating section 13B of chapter 268; and

(ii) If the defendant is charged with a crime of abuse, informational resources related to domestic violence, which shall include, but shall not be limited to, a list of certified intimate partner abuse education programs located within or near the court’s jurisdiction.

(c) A person who has been charged with a crime shall provide the court with his or her cellular telephone number, if the defendant has such a device, unless the defendant opts out of the service provided under this subsection; provided, however, that upon the order of a judicial officer pursuant to subclause (ix) of clause (B) of paragraph (1) of subsection (b), a defendant may not opt out of such service.  The court shall provide a service using a system of automated text messaging to remind criminal defendants of mandatory court appearance dates in advance of the date of such appearance.  The court shall keep all information provided by a criminal defendant pursuant to this subsection confidential, and such information may not be used in any proceeding; provided, however, that the fact that a defendant did or did not participate in this system shall be marked on the docket and may be used in a proceeding if otherwise admissible.

(d)  There shall not exist in the case of a person charged with murder a right to release pending trial; provided, however, that a judge may in his or her discretion, order a defendant so charged released subject to any conditions enumerated in paragraph (1) of subsection (b).

Section 58A.  (a)  Upon motion of the attorney for the commonwealth, the judge shall hold a hearing to determine whether any condition or combination of conditions set forth in section 58 will reasonably assure the safety of any other person and the community, in a case:

(1) where the defendant is charged with a dangerous crime; or

(2) where the defendant is charged with a crime for which the potential penalty includes a sentence to the house of correction or state prison and

(A) the defendant has been convicted of a dangerous crime, or has been convicted of a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority; or

(B)  there are specific, articulable facts and circumstances demonstrating a serious risk that the defendant may attempt to obstruct justice, or attempt to threaten, injure, or intimidate a law enforcement officer, an officer of the court, or a prospective witness or juror in any criminal investigation or judicial proceeding.

(b)  (1) If, after a hearing, the judge finds by clear and convincing evidence that no condition or combination of conditions will reasonably assure the safety of any other person and the community, the judge shall order that the defendant be detained pending trial. Such order shall:

(A) include written findings of fact and a written statement of the reasons for the detention;

(B) direct that the defendant be committed to a corrections facility separate, to the extent practicable, from persons serving sentences; and

(C) direct that the defendant be afforded reasonable opportunity for private consultation with counsel.

(2) If, after a hearing, the judge does not issue an order under paragraph (1), the defendant shall be released, pursuant to section 58, on personal recognizance or unsecured bond or on such conditions as the judge determines to be necessary to reasonably assure the safety of any other person and the community.

(c)In conducting a hearing under this section:

(1) the judge shall take into account available information concerning:

(A) any of the factors listed in paragraph (3) of subsection (b) of section 58 where relevant; and

(B) the nature and seriousness of the danger to any person or the community that would be posed by the defendant’s release;

(2) the defendant shall have the right to be represented by counsel at a hearing under this section and, if financially unable to obtain adequate representation, to have counsel appointed;

(3) the defendant shall be afforded an opportunity to testify;

(4) the defendant shall be afforded an opportunity to present witnesses, to cross-examine witnesses who appear at the hearing, and to present information by proffer or otherwise; provided, however, that before issuing a summons to an alleged victim, or a member of the alleged victim’s family, to appear as a witness at the hearing, the defendant shall demonstrate to the court a good faith and reasonable basis for believing that the testimony from the witness will be material and relevant to support a conclusion that the defendant should not be detained; and

(5) the law concerning admissibility of evidence in criminal trials shall not apply to the presentation and consideration of information at a hearing under this section. 

(d)  When a defendant has been released pursuant to section 58 and the attorney for the commonwealth subsequently files a motion seeking to detain the defendant under this section, the attorney for the commonwealth may file such motion ex parte.  Upon such ex parte filing, the court may, for good cause shown, issue a warrant for the defendant’s arrest to secure his presence for such hearing.  Any such hearing shall occur as otherwise set forth in this section.

(e) A defendant detained under this section shall be detained until the disposition of the case and shall brought to trial as soon as reasonably possible.

(f) Nothing in this section shall be construed as modifying or limiting the presumption of innocence.

Section 58B. (a) A defendant who has been released after a hearing pursuant to section 58, 58A, 59 or 87 and who has violated a condition of his release, shall be subject to a revocation of release and an order of detention following a motion by the attorney for the commonwealth and a hearing as provided below.  If there is probable cause to believe that, while on release, the defendant committed a felony or a dangerous crime a rebuttable presumption shall arise that no condition or combination of conditions will assure that the person will not pose a danger to the safety of any other person or the community.

(b)The judge shall enter an order of revocation and detention if after a hearing the judge finds:

(1) that there is probable cause to believe that the defendant has committed a felony or dangerous crime while on release; and

(2) by a preponderance of the evidence, that there are no conditions of release that will reasonably assure the defendant will not pose a danger to the safety of any other person or the community, or the defendant is unlikely to abide by any condition or combination of conditions of release.

(c) The judge may enter an order of revocation and detention if after a hearing the judge finds that there is probable cause to believe that the defendant has committed any crime while on release or clear and convincing evidence that the defendant has violated any other condition of release.

(d) If, following a hearing under this section, the judge does not issue a revocation order, the judge may issue a release order that may include any condition or combination of conditions of release set forth in clauses (B) and (C) of paragraph (1) of subsection (b) of section 58. 

(e) Upon the defendant’s first appearance before the judge in the court which that conduct proceedings for revocation of a release order under this section, the hearing concerning revocation shall be held immediately unless the defendant or the attorney for the commonwealth seeks a continuance.  During a continuance the defendant shall be detained.  Except for good cause, a continuance on motion of the defendant shall not exceed 5 business days, a continuance on motion of the attorney for the commonwealth or probation shall not exceed 3 business days. 

(f) A defendant detained under an order of revocation and detention shall be detained until the disposition of the case and shall be brought to trial as soon as reasonably possible.

(g)Where a person who is released under section 58, 58A, this section or 59 is the subject of a new criminal charge, the probation officer of the court issuing the new criminal charge shall notify the probation officer and the attorney for the commonwealth for the court or courts that have ordered the defendant’s release on any earlier criminal charges

Section 58C.  In a case involving a crime of abuse or a dangerous crime with an identified victim, no person shall be released pursuant to section 58, 58A, 58B or 59 before the alleged victim is notified of the defendant’s imminent release; provided, however, that the defendant shall not be held more than 6 hours in order to permit prior notice to the alleged victim.

When a defendant is to be released from the custody of a police department, such notice shall be provided by the police department.  When a defendant is to be released from a courthouse, such notice shall be provided by the attorney for the commonwealth.  When a defendant is to be released from a jail or correctional facility, such notice shall be provided by the superintendent.  The person or agency responsible for providing notice shall undertake to provide notice promptly.

Section 58D.   Either the defendant or the attorney for the commonwealth, if aggrieved by the entry of an order or granting or denial of a motion under section 58, 58A or 58B by the district, Boston municipal or juvenile court, may petition the superior court for a review of such decision.  Upon entry of such order or ruling on such motion, the justice of the district, Boston municipal or juvenile court shall immediately notify a defendant of his right to file a petition for review in the superior court. The trial court shall establish rules for the filing of such petitions, scheduling the hearing of such petitions and ensuring the transmission of necessary information to the superior court and notice to the parties and the probation department.  The superior court shall in accordance with such rules, hear the petition for review as speedily as practicable and except for unusual circumstances, on the same day the petition is filed; provided, however, that the court may continue the hearing to the next business day if the required records and other necessary information are not available. The superior court may, after a hearing on the petition for review, grant the petition only upon a finding that the decision of the district, Boston municipal or juvenile court was the result of an error of law or abuse of discretion. 

Section 59.  (a) As used in this section, the following words, unless the context clearly requires otherwise, shall have the following meanings:-

“Bail commissioner”, a person other than a statutorily authorized magistrate or a superior court assistant clerk appointed by the trial court to admit people to bail after court hours.

“Bail magistrate”, a clerk-magistrate or assistant clerk-magistrate of the district, Boston municipal, or juvenile court departments, or a clerk of court of the superior court department or an assistant clerk of the superior court who has been approved by the trial court to admit people to bail after court hours.

(b) Except as provided in subsection (n), a bail commissioner or bail magistrate shall order the pretrial release of a person arrested and charged with a crime on personal recognizance subject to the condition that the person not commit a new crime during the period of release, unless the bail commissioner or bail magistrate determines that release on personal recognizance will not reasonably assure the appearance of the person or will endanger the safety of any other person or the community.  Prior to issuing a release order or any other order under this section, the bail commissioner or bail magistrate shall have immediate access to all pending and prior criminal offender record information, board of probation records, out of state criminal records, and police and incident reports related to the person detained, upon oral, telephonic, facsimile or electronic mail request, to the extent practicable.

(c) If the bail commissioner or bail magistrate determines that a release on personal recognizance subject to the condition that the person not commit a new crime during the period of release will not reasonably assure the appearance of the person or will endanger the safety of any other person or the community, the bail commissioner or bail magistrate shall order the pretrial release of the person subject to:

(1) the condition that the person not commit a new crime during the period of release; and

(2) the least restrictive further condition, or combination of conditions, that the bail commissioner or bail magistrate determines will reasonably assure the appearance of the person and the safety of any other person and the community, which may include the condition or combination of conditions that the person during the period of release shall:

(A)  abide by specified restrictions on place of abode or travel;

(B)  refrain from use of alcohol, marijuana, or other intoxicants, and from use of any controlled substance, except as prescribed or certified by a licensed medical practitioner;

(C)  comply with restrictions on personal associations, a curfew or home confinement;

(D)  refrain from abusing and harassing any alleged victim of the charged crime and any potential witness who may testify concerning the charged crime;

(E)  stay away from and have no contact with an alleged victim of the charged crime and with any potential witness who may testify concerning the charged crime;

(F)  refrain from possessing a firearm, rifle, shotgun, destructive device, or other dangerous weapon;

(G)  provide unsecured or secured bond to satisfy a financial condition that the bail commissioner or bail magistrate may specify; or

(H)  satisfy any other condition that is reasonably necessary to assure the appearance of the person or the safety of any other person or the community. 

When setting conditions under this subsection, the bail commissioner or bail magistrate shall consider, where relevant, the factors set forth in paragraphs (2) and (3) of subsection (b) of section 58.

(d) In a case that meets the criteria set forth in subsection (a) of section 58A, the bail commissioner or bail magistrate shall order the person held until the next day that court is in session unless the bail commissioner or bail magistrate determines that some condition or combination of conditions will reasonably assure the safety of any alleged victim, any witness to the alleged crime and the community.  In making this determination, the bail commissioner or bail magistrate shall consider the factors set forth in subsection (c) of section 58A.  The bail commissioner or bail magistrate shall memorialize such determination in a written statement of reasons.

(e) Bail commissioners and bail magistrates may not impose a financial condition to assure the safety of any other person or the community, but may impose a financial condition when necessary to reasonably assure the person’s appearance.    

(f)  Before issuing any release order under this section for a person who has been charged with a new crime while released pending adjudication of a prior charge or who is on probation, the bail commissioner or bail magistrate shall contact the probation service electronic monitoring center to inform the service of the person’s arrest and charge.

(g) In a release order issued under this section, the bail commissioner or bail magistrate shall advise the person of:

(1) The consequences of violating a condition of release, including immediate arrest or issuance of a warrant for the person’s arrest, revocation of release, and, if applicable, the potential that the person may face criminal penalties, including penalties for violating section 13B of chapter 268; and

(2) if the person is charged with a crime of abuse, informational resources related to domestic violence, which shall include, but are not limited to, a list of certified intimate partner abuse education programs located within or near the court’s jurisdiction.

(h) The terms and conditions of any order by the bail commissioner or bail magistrate shall remain in effect until the person is brought before the court for arraignment.

(i) When a bail commissioner or bail magistrate releases a person on conditions under subsection (c), the bail commissioner or bail magistrate shall record the conditions and provide a copy of such conditions to the person and the detaining authority and shall transmit a copy to the court.

(j) If a person released on conditions by a bail commissioner or bail magistrate under subsection (b) or (c) violates any such condition, the person may be subject to an order of revocation of release and detention pursuant to section 58B.

(k)  All bail commissioners and bail magistrates authorized to release a person on recognizance, release a person on conditions, or detain a person under this section shall be governed by rules established by the chief justice of the trial court, subject to review by the supreme judicial court.

(l) Nothing in this section shall authorize a bail commissioner or bail magistrate to release a person arrested and charged with murder or a person arrested and charged with a crime of abuse while an order of protection under chapter 209A was in effect against such person.

SECTION XX.  Said chapter 276 is hereby amended by inserting after section 82A, as appearing in the 2016 Official Edition, the following section:-

Section 82B.  A person who is found violating any condition ordered under section 58 of chapter 119, section 58, 58A, 58B, 59, or 87 of this chapter, or section 1 or 1A of chapter 279, or any other condition of probation imposed by a court after conviction or admission to sufficient facts, or any term or condition of parole imposed by the parole board, may be arrested by a sheriff, deputy sheriff or police officer and kept in custody in a convenient place, not more than 24 hours, Sunday excepted, until notice of the violation can be given to the probation service, and such person be taken before the court upon a warrant issued by the probation service; or, in the case of a person under parole supervision, to the parole board.

SECTION XX.  There shall be a task force on criminal history data enhancements.  The task force shall develop recommendations for enhancements to the criminal history information available to bail commissioner, bail magistrates, judicial officers, prosecutors and defense counsel that will allow actors in the criminal justice system to make more informed recommendations and decisions regarding questions of pre-trial release and allow for access to pre-trial release conditions by law enforcement.  The task force shall consider the value, cost and practicality of adding to a defendant’s criminal history information regarding determinations of dangerousness, custody status, release conditions, reasons for detention, incidents of non-compliance with any conditions of pre-trial release and decisions regarding revocation of release.  The task force shall identify, with respect to each recommendation, whether it requires legislation and, if so, prepare draft legislation. 

The task force shall be comprised of the following persons or their designees: the secretary of the executive office of public safety and security, who shall serve as chair; the secretary of the executive office of technology services and security; the chief justice of the trial court; the commissioner of probation; the president of the Massachusetts district attorneys association; the chief counsel of the committee for public counsel services; and the president of the Massachusetts chiefs of police association. The task force shall consult with other individuals who have relevant expertise as needed.

The task force shall, within 180 days of the passage of this bill, submit its recommendations to the governor and to the clerks of the senate and house of representatives and the clerks shall forward the report to the senate and house chairs of the joint committee on the judiciary

SECTION XX.  Subsection (c) of section 58 of chapter 276 shall take effect on July 1, 2020.

Budget Amendment ID: FY2020-S3-1092

EPS 1092

Milton Traffic Calming Measures II

Mr. Timilty moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- "provided that $20,000 shall be expended to the Massachusetts State Police for dedicated speed prevention patrols on Truman Highway in the town of Milton”; and by striking out the figure "$3,590,131" and inserting in place thereof the following figure:- "$3,610,131".

Budget Amendment ID: FY2020-S3-1093

EPS 1093

Regional Parity for Fire Training

Mr. Cyr moved that the proposed new text be amended in section 2, in item 8324-0000, by adding the following words:- “; provided further, that not less than $100,000 shall be expended for the Barnstable County Fire and Rescue Training Academy including but not limited to relocation of the academy to Joint Base Cape Cod”; and by striking out the figure “$27,386,212” and inserting in place thereof the following figure:- “$27,486,212”.

Budget Amendment ID: FY2020-S3-1094-R1

Redraft EPS 1094

Police Activities league

Messrs. Boncore and O'Connor moved that the proposed new text be amended in section 2, in item 7008-1116, by adding the following:- “; provided further, that not less than $25,000 shall be expended for the Revere Police Activities League”; and

in said section 2, in said item 7008-1116, by striking out the figure "$585,000” and inserting in place thereof the following figure:- "$610,000”.

Budget Amendment ID: FY2020-S3-1094

EPS 1094

Police Activities league

Messrs. Boncore and O'Connor moved that the proposed new text be amended in section 2, in item 7008-0900, by inserting at the end thereof the following new words:- “; and provided further, that $25,000 shall be expended for the Revere Police Activities League.”

Budget Amendment ID: FY2020-S3-1095-R1

Redraft EPS 1095

Soughton Active Shooter Training

Mr. Timilty moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following:- "; provided further, that not less than $30,000 shall be expended to the town of Stoughton for an active shooter training exercise"; and

in said section 2, in said item 8000-0313, by striking out the figure "$100,000" and inserting in place thereof the following figure:- "$130,000".

Budget Amendment ID: FY2020-S3-1095

EPS 1095

Soughton Active Shooter Training

Mr. Timilty moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- "; provided further, that $30,000 shall be expended for an active shooter training exercise in the town of Stoughton"; and by striking out the figure "$3,590,131" and inserting in place thereof the following figure:- "$3,620,131".

Budget Amendment ID: FY2020-S3-1096

EPS 1096

Plainville Fire Department Extrication Tools

Ms. Rausch moved that the proposed new text be amended in section 2, in item 8000-0600, by adding after the words “colonel of the state police” the following: - “; and provided further, that not less than $25,000 shall be expended to the Town of Plainville for the purchase of extrication tools for the Plainville Fire Department”; and in said item by striking out the figure “$3,590,131” and inserting in place thereof the figure:- “$3,615,131”.

Budget Amendment ID: FY2020-S3-1096-R1

Redraft EPS 1096

Plainville Fire Department Extrication Tools

Ms. Rausch moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following words:- “; provided further, that not less than $25,000 shall be expended to the town of Plainville for the purchase of extrication tools for the Plainville fire department”; and

in said section 2, in said item 8000-0313, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$125,000”.

Budget Amendment ID: FY2020-S3-1097

EPS 1097

Student Awareness Fire Education (SAFE) Program

Messrs. Feeney and O'Connor moved that the proposed new text be amended in section 2, in item 8324-0000, by striking out, after the word management, the following sentence:- “provided further, that not less than $1,200,000 shall be allocated by the department for the student awareness fire education program;” and inserting in place thereof the following sentence:- “provided further, that not less than $1,450,000 shall be allocated by the department for the student awareness fire education program;” and in said item by striking out the figures "$27,386,212" and inserting in place thereof the figures "$27,636,212"

Budget Amendment ID: FY2020-S3-1098

EPS 1098

Canton Police Department Message Board

Mr. Timilty moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- "provided further, that $50,000 shall be expended for a digital message board to be located at the Town of Canton police department headquarters"; and by striking out the figures "$3,590,131" and inserting in place thereof the following figures:- "$3,640,131".

Budget Amendment ID: FY2020-S3-1099-R1

Redraft EPS 1099

Shannon Grants

Messrs. Boncore, Montigny, Moore, Welch, Feeney and Crighton, Ms. DiZoglio, Messrs. Eldridge, Keenan, Hinds, Collins, Kennedy, Tran, Timilty, Humason, Lesser, deMacedo, Fattman and O'Connor, Ms. Lovely and Mr. Cyr moved that the proposed new text be amended in section 2, in item 8100-0111, by striking out the words:- “that administrative costs for successful grant applications shall not exceed 4 per cent of the value of the grant” and inserting in place thereof the following words:- “that administrative costs for successful grant applications shall not exceed 10 per cent of the value of the grant”; and

in said section 2, in said item 8100-0111, by striking out the figure "$9,000,000" and inserting in place thereof the following figure:- “$11,000,000”.

Budget Amendment ID: FY2020-S3-1099

EPS 1099

Shannon Grants

Messrs. Boncore, Montigny, Moore, Welch, Feeney and Crighton, Ms. DiZoglio, Messrs. Eldridge, Keenan, Hinds, Collins, Kennedy, Tran, Timilty, Humason, Lesser, deMacedo, Fattman and O'Connor, Ms. Lovely and Mr. Cyr moved that the proposed new text be amended in section 2, in item 8100-0111, by striking out the following: “that administrative costs for successful grant applications shall not exceed 4 per cent of the value of the grant” and inserting in place thereof the following: “that administrative costs for successful grant applications shall not exceed 10 per cent of the grant”; and in said section 2, in said item 8100-0111, by striking out the figures "$9,000,000" and inserting in place thereof the figures "$12,000,000".

Budget Amendment ID: FY2020-S3-1101-R1

Redraft EPS 1101

First Responder Suicide Prevention

Messrs. Montigny, Moore, Feeney, Timilty, Brady and O'Connor moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following words:- “; provided further, that not less than $100,000 shall be expended to the Southeastern Massachusetts Law Enforcement Council, Incorporated to provide mental health, wellness and suicide prevention services to emergency service providers in southeastern Massachusetts”; and

in said section 2, in said item 8000-0313, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$200,000”.

Budget Amendment ID: FY2020-S3-1101

EPS 1101

First Responder Suicide Prevention

Messrs. Montigny, Moore, Feeney, Timilty, Brady and O'Connor moved that the proposed new text be amended in section 2, in item 8000-0600, by adding at the end thereof the following:- “provided further, that not less than $100,000 shall be expended for the Southeastern Massachusetts Law Enforcement Council, Inc. to provide mental health, wellness, and suicide prevention services to emergency service providers in southeastern Massachusetts.”

Budget Amendment ID: FY2020-S3-1102-R1

Redraft EPS 1102

Human Trafficking Investigations

Messrs. Montigny, Feeney, Timilty, O'Connor, Moore, Eldridge and Cyr and Ms. Lovely moved that the proposed new text be amended in section 2, in item 7006-0040, by adding the following words:- “; provided further, that not less than $200,000 shall be expended for the office of investigations to investigate human trafficking and sexual exploitation within facilities subject to inspection by the division”; and

in said section 2, in said item 7006-0040, by striking out the figure “5,488,219” and inserting in place thereof the following figure:- “5,688,219”.

Budget Amendment ID: FY2020-S3-1102

EPS 1102

Human Trafficking Investigations

Messrs. Montigny, Feeney, Timilty, O'Connor and Moore moved that the proposed new text be amended in section 2, in item 7006-0040, by adding at the end thereof the following:- “provided further, that not less than $200,000 shall be expended for the Office of Investigations for the purpose of investigating human trafficking and sexual exploitation within facilities subject to inspection by the division”.

Budget Amendment ID: FY2020-S3-1104

EPS 1104

Grant Program for treatment of emerging adults in county correctional facilities

Ms. Creem moved that the proposed new text be amended in section 2, in item 8000-0655, "provided further that $350,000 shall be provided for grants to county correctional facilities for the purposes of establishing, developing or maintaining specialized units and programming for emerging adults aged 18 to 25  including specialized training of county correctional officers relative to best practices in treatment and rehabilitation of emerging adults.  Said program shall be administered by the executive office of public safety and security", and by striking out the figure "$2,000,000" and inserting in place thereof the figure "$2,350,000"

Budget Amendment ID: FY2020-S3-1105

EPS 1105

Safety of police officers, firefighters, emergency medical personnel, and other first responders

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

"Section XX Notwithstanding any general or special law to the contrary, the Executive Office of Public Safety shall conduct a study of strategies, policies, regulatory and statutory changes, and technology and equipment that could improve the safety of police officers, firefighters, emergency medical personnel, and other first responders. Said study shall include a cost and feasibility analysis, and a ranking of measures based on effectiveness, cost and feasibility, provided, that it may do so by category of profession.

In conducting said study the Secretary shall consult with local police and fire departments, public and private emergency medical service providers, representatives of municipal government and relevant labor organizations, provided that said study shall include consideration of information from at least one public hearing and/or an electronic or paper survey tool for the purpose of gathering information.

The results of said study, together with an legislative recommendations, shall be filed with the clerks of the House and Senate, and the Joint Committee on Public Safety, not later than 11 months following the passage of this act."

Budget Amendment ID: FY2020-S3-1106

EPS 1106

DOC Employment Reporting

Ms. Gobi, Messrs. deMacedo, Moore, O'Connor, Finegold and Brady moved that the proposed new text be amended in section 2, in item 8900-0010, by striking, in line 15, the following words:-  "and their employment rate after release".

Budget Amendment ID: FY2020-S3-1107-R1

Redraft EPS 1107

Increasing penalties for hate crimes

Messrs. Tarr, deMacedo, Tran, Humason and O'Connor moved that the proposed new text be amended by inserting before section 4 the following section:-

“SECTION A4. Chapter 6 of the General Laws is hereby amended by adding the following section:-

Section 220. There shall be a task force on hate crimes. The task force shall consist of: the secretary of public safety or a designee, who shall serve as co-chair; and not more than 20 members appointed by the governor, 1 of whom shall be designated by the governor to serve as co-chair. Members of the task force appointed by the governor may include, but shall not be limited to: representatives of victim assistance agencies; advocates for communities affected by hate crimes; representatives from the attorney general’s office; representatives from the district attorneys’ offices; representatives from state, local and university police departments; educators and students; and persons with expertise or experience in hate crimes issues.

The task force shall advise on issues relating to hate crimes, including the prevalence, deterrence and prevention of hate crimes, how best to combat hate crimes and the support of victims of hate crimes. The task force shall: (i) promote full and effective cooperation and coordination among law enforcement agencies and communities affected by hate crimes to improve prevention, investigation and prosecution of hate crimes; (ii) develop best practices related to technical assistance for school districts that may seek to incorporate hate crime education into their curricula; (iii) recommend policies, procedures and programs to ensure state and local governments provide enhanced support for victims of hate crimes and their communities; (iv) encourage and assist law enforcement agencies in reporting hate crimes pursuant to sections 32 to 35, inclusive, of chapter 22C, including assistance in gathering, analyzing and publishing hate crime reports; (v) encourage law enforcement agencies to enforce section 39 of chapter 265; and (vi) recommend any appropriate legislation, regulations, policies or procedures to better combat hate crimes.

The task force shall meet not less than quarterly each year at the direction of the co-chairs. Annually, not later than December 31, the task force shall submit a report to the governor, the clerks of the senate and house of representatives, the senate and house committees on ways and means, the joint committee on the judiciary and the joint committee on public safety and homeland security. The report shall address the mission of the task force, targeted objectives, options and recommended actions and metrics to measure the effect of such recommendations on hate crimes. The report may also include any recommended legislation, regulations, policies or procedures to better combat hate crimes.

The co-chairs may establish subcommittees comprised of members of the task force and non-members drawn from various groups and organizations with expertise or experience in hate crimes issues.”.

Budget Amendment ID: FY2020-S3-1107

EPS 1107

Increasing penalties for hate crimes

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

Section XX. Section 39 of Chapter 265 as appearing in the 2016 official edition is hereby amended by striking in line 5 the word "five" and inserting in place thereof the following:-"ten"

Section XX. Said section 39 of chapter 265 as appearing in the 2016 official edition is hereby amended by striking in line 7 the words:-"two and one-half years" and inserting in place thereof the following:-"five"

Section XX. Said section 39 of chapter 265 as appearing in the 2016 official edition is hereby amended by striking in line 19 the word:-"ten" and inserting in place thereof the following:-"twenty"

Section XX. Said section 39 of chapter 265 as appearing in the 2016 official edition is hereby amended by striking in line 20 the word:- "five" and inserting in place thereof the following:-"ten"

Section XX. Said section 39 of chapter 265 as appearing in the 2016 official edition is hereby amended by striking in line 31 the word:- "one" and inserting in place thereof the following:-"two"

Budget Amendment ID: FY2020-S3-1108

EPS 1108

Bristol County Sheriff’s Office

Messrs. Feeney and Montigny moved that the proposed new text be amended in section 2, in item 8910-8300, by striking out the figures “47,241,654"and inserting in place thereof the figures "58,012,973".

Budget Amendment ID: FY2020-S3-1109

EPS 1109

State Prison Education programs

Ms. Creem moved that the proposed new text be amended in section 2, in item 8900-1100, by adding the following words:- "; provided further, that not less than $80,000 shall be expended for the department of corrections to cover costs associated with coordinating and supporting partnerships with higher education institutions that provide post-secondary education programs in state prisons"; and by striking the figure "$500,000" and inserting in place thereof the following figure:- "$580,000"

Budget Amendment ID: FY2020-S3-1110

EPS 1110

East Bridgewater Active Shooter Training

Mr. Timilty moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:- "; provided further, that $30,000 shall be expended for an active shooter training exercise in the town of East Bridgewater"; and by striking out the figure "$3,590,131" and inserting in place thereof the following figure:- "$3,620,131".