Budget Amendment ID: FY2021-S4-303

EPS 303

Boston Fire Department

Mr. Collins, Ms. DiZoglio, Messrs. Rush, O'Connor, Brady, Feeney and DiDomenico moved that the proposed new text be amended in section 2, in item 8324-0000, by inserting after the words “for the student awareness fire education program;” 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 2021; provided further, that the amount allocated for hazardous material response teams in said item 8324-0000 of said section 2 of said chapter 182 shall be allocated to each program in fiscal year 2021”.

Budget Amendment ID: FY2021-S4-303-R1

Redraft EPS 303

Boston Fire Department

Mr. Collins, Ms. DiZoglio, Messrs. Rush, O'Connor, Brady, Feeney and DiDomenico moved that the proposed new text be amended in section 2, in item 8324-0000, by inserting after the word “program”, in line 50, the following words:- "; provided further, that 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 2021; provided further, that not less than $500,000 shall be expended for the hazardous materials response team in the cities of Cambridge, Everett and Boston”; and

by striking out the figure “$29,047,062” and inserting in place thereof the following figure:- “$31,297,062”.

Budget Amendment ID: FY2021-S4-304-R2

2nd Redraft EPS 304

Hazmat Response Team Funding

Messrs. Brady, Timilty, O'Connor, Feeney and Keenan and Ms. Gobi moved that the proposed new text be amended in section 2, in item 8324-0000, by striking out the figure “$3,065,561” and inserting in place thereof the following figure:- “$3,341,182”; and 

by striking out the figure "$29,047,062" and inserting in place thereof the following figure:- "$29,261,372".

Budget Amendment ID: FY2021-S4-304

EPS 304

Hazmat Response Team Funding

Messrs. Brady and Timilty, Ms. DiZoglio and Mr. Pacheco 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 further move to amend the bill by adding the following section:

Section XXXX. 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: FY2021-S4-304-R1

Redraft EPS 304

Hazmat Response Team Funding

Messrs. Brady, Timilty, O'Connor, Feeney and Keenan and Ms. Gobi 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 $3,341,182 shall be expended for annual stipends to members of the hazardous materials emergency response team, pursuant to subsection (m) of section 5 of chapter 21K of the General Laws”;  and 

in said section 2, in said item 8324-0000, by striking out the figure “$29,047,062” and inserting in place thereof the following figure:-  “$29,261,372”.

Budget Amendment ID: FY2021-S4-305

EPS 305

Regional Parity for Fire Training

Mr. Cyr and Ms. Moran 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 “$29,047,062” and inserting in place thereof the following figure:- “$29,147,062”.

Budget Amendment ID: FY2021-S4-305-R1

Redraft EPS 305

Regional Parity for Fire Training

Mr. Cyr and Ms. Moran 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 the Joint Base Cape Cod”; and

by striking out the figure “$29,047,062” and inserting in place thereof the following figure:- “$29,147,062”.

Budget Amendment ID: FY2021-S4-306

EPS 306

Community Based Residential Re-entry Programs

Mr. Boncore and Ms. DiZoglio moved that the proposed new text be amended in section 2, in item 0339-1011, by inserting after the word “participants”, in line __ , the following words:- “, prior appropriation continued”.

Budget Amendment ID: FY2021-S4-306-R1

Redraft EPS 306

Community Based Residential Re-entry Programs

Mr. Boncore and Ms. DiZoglio moved that the proposed new text be amended in section 2, in item 0339-1011, by adding the following words:- “, prior appropriation continued”.

Budget Amendment ID: FY2021-S4-310

EPS 310

Strengthening public safety through interlock devices

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

"SECTION _. Subparagraph (1) of paragraph (c) of subdivision (1) of said section 24 of chapter 90 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following sentence at the end thereof:-

In all such cases where the defendant operated a motor vehicle with a percentage, by weight, of alcohol in their blood of fifteen one-hundredths or greater, the court may order as a condition of probation that a mandatory restriction on a hardship license granted by the registrar under this subparagraph shall be that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the hardship license.

SECTION _. The fourth paragraph of section 24D of said chapter 90, as so appearing, is hereby amended by adding the following sentence at the end thereof:-

In all such cases where the defendant operated a motor vehicle with a percentage, by weight, of alcohol in their blood of fifteen one-hundredths or greater, the court may order as a condition of probation that a mandatory restriction on a hardship license granted by the registrar under this section shall be that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the hardship license.

SECTION _. This act shall take effect on January 1, 2021."

Budget Amendment ID: FY2021-S4-310-R1

Redraft EPS 310

Strengthening public safety through interlock devices

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

SECTION XX. Subparagraph (1) of paragraph (c) of subdivision (1) of section 24 of chapter 90 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following sentence:-

In all such cases where the defendant operated a motor vehicle with a percentage, by weight, of alcohol in their blood of fifteen one-hundredths or greater, the registrar may place a restriction on a hardship license granted by the registrar under this subparagraph requiring that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the hardship license.

SECTION XX. The fourth paragraph of section 24D of said chapter 90, as so appearing, is hereby amended by adding the following sentence:-

In all such cases where the defendant operated a motor vehicle with a percentage, by weight, of alcohol in their blood of fifteen one-hundredths or greater, the registrar may place a restriction on a hardship license granted by the registrar under this section requiring that such person have an ignition interlock device installed on each vehicle owned, each vehicle leased and each vehicle operated by the licensee for the duration of the hardship license.

SECTION XX. Section 19 of chapter 122 of the acts of 2005 is hereby amended by inserting after the word “registry”, in line 7, the following words:- ; provided, however, that approval procedures for ignition interlock device servicing and monitoring entities shall require any entity seeking certification to agree to provide all program costs, including installation, maintenance and removal, at no cost to a person who presents documentation issued by the registrar that such cost would cause a grave and serious hardship to the offender or the offender’s family; provided further, that documentation of grave and serious hardship to the offender or the offender’s family shall include, but not be limited to, evidence of a valid electronic benefit transfer card, evidence of a valid MassHealth benefits card or evidence the offender was appointed counsel or otherwise had their financial status verified after filing an affidavit of indigency; and provided further, that the registrar shall provide notice to a person seeking application for a certified ignition interlock device that the person may obtain a certified ignition interlock device, services and monitoring at no cost if such cost would cause a grave and serious hardship to the offender or the offender’s family.

SECTION XX. Sections XX to XX, inclusive, shall take effect on January 1, 2021.

Budget Amendment ID: FY2021-S4-311

EPS 311

Massachusetts Veterans Oral History Project

Ms. Gobi, Ms. Rausch, Messrs. O'Connor, Timilty and Velis moved that the proposed new text be amended in section 2, in item 8700-0001, by adding at the end thereof 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 in said item by striking out the figures “$11,136,892” and inserting in place thereof the figures “$11,186,892”.

Budget Amendment ID: FY2021-S4-312

EPS 312

Norfolk County Regional Fire and Rescue Dispatch Center

Messrs. Timilty and Feeney, Ms. Rausch and Mr. Keenan moved that the proposed new text be amended in section 2, in item 8324-0000, by adding at the end thereof the following:- “provided further, that the amount allocated for the Norfolk County Regional Fire and Rescue Dispatch Center in item 8324-0000 of section 2 of chapter 182 of the acts of 2008 shall be allocated in fiscal year 2021"; and by striking out the figure "$29,047,062" and inserting in place thereof the following figure:- "$29,147,062".

Budget Amendment ID: FY2021-S4-313

EPS 313

Franklin Sheriff’s Office

Ms. Comerford, Ms. Gobi and Mr. Hinds moved that the proposed new text be amended in section 2, in item 8910-0108, by inserting after the words “per inmate report” the following words:- “; provided further, that $100,000 shall be provided for a pilot program for training active bystanders; and provided further, that not less than $300,000 shall be expended for the Franklin County Opioid Education and Awareness Task Force”; and by striking out the figure “$17,745,028” and inserting in place thereof the following figure:- “$17,968,246”.

Budget Amendment ID: FY2021-S4-314

EPS 314

Fire Department Extractors Grant Program

Messrs. Feeney, Timilty and O'Connor, Ms. DiZoglio, Messrs. Brady, Pacheco, Keenan and Tran, Ms. Gobi, Mr. Tarr and Ms. Lovely moved that the proposed new text be amended in section 2, in item 8324-0000, by adding the following: “; provided further, that not less than $450,000 shall be allocated for a grant program to provide financial assistance for the purchase of gear extractors and drying cabinets”.

and in said item, by striking out the figure "$29,047,062" and inserting in place thereof the following figure:- "$29,497,062".

Budget Amendment ID: FY2021-S4-315

EPS 315

Critical Incident Stress Management Services

Messrs. Feeney, Timilty and Montigny moved that the proposed new text be amended in section 2, in item 8324-0000, by striking out the figure “$500,000” and inserting in place thereof the following figure:-“$600,000”; and by striking out the figure "$29,047,062" and inserting in place thereof the following figure:- "$29,147,062".

Budget Amendment ID: FY2021-S4-316

EPS 316

Prison Host Community Mitigation

Mr. Feeney, Ms. Rausch and Mr. Pacheco moved that the proposed new text be amended in section 2, in item 8900-0001, by adding, at the end, the following:-"provided further, that the department shall expend not less than $2,200,000 for municipalities hosting department of corrections facilities; provided however, no municipality hosting a department of corrections facility shall receive more than $800,000; and provided further, that no municipality hosting a department of corrections 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 "$685,058,991" and inserting in place thereof the following figure:- "$687,258,991".

Budget Amendment ID: FY2021-S4-316-R1

Redraft EPS 316

Prison Host Community Mitigation

Mr. Feeney, Ms. Rausch and Mr. Pacheco moved that the proposed new text be amended in section 2, in item 8900-0001, by adding the follow words:-"; provided further, that the department shall expend not less than $2,200,000 for municipalities hosting department of correction facilities; provided further, that no municipality hosting a department of correction facility shall receive more than $800,000; and provided further, that 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 section 2, in said item 8900-0001, by striking out the figure "$685,058,991" and inserting in place thereof the following figure:- "$687,258,991".

Budget Amendment ID: FY2021-S4-317

EPS 317

State Police Administration Funding

Mr. Velis moved that the proposed new text be amended in section 2, in item 8100-1001, by striking out the figure "$287,418,254" and inserting in place thereof the following figure:- "$300,636,257".

Budget Amendment ID: FY2021-S4-318

EPS 318

Laboratory Analysis of Cocaine

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

"SECTION X. Section 31 of chapter 94C of the General Laws, as so appearing, is hereby 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: FY2021-S4-319

EPS 319

Disability Law Center monitoring-BSH

Ms. Creem moved that the proposed new text be amended in section 2, in item 8900-0001, by adding the following words:- "; provided further, that not less than $125,000 shall be expended for the Disability Law Center, Inc. to monitor the efficacy of service delivery reforms at Bridgewater state hospital, including units at the Old Colony correctional center and the treatment center; 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; provided further, that the Disability Law Center, Inc. may monitor the continuity of care for Bridgewater state hospital persons served who are discharged to county correctional facilities or Department of mental health facilities, including assessment of the efficacy of admission, discharge and transfer planning procedures and coordination between the Department of Correction, Wellpath, the Department of Mental Health  and county correctional facilities; provided further, that not less than once every 6 months, the Disability Law Center, Inc. shall report on the impact of these reforms on those served at Bridgewater state hospital to the joint committee on mental health, substance use and recovery, the joint committee on the judiciary, the house and senate committees on ways and means, the senate president and the speaker of the house"; and by striking out the figure "$685,058,991" and inserting in place thereof the following figure:- "$685,183,991".

Budget Amendment ID: FY2021-S4-320

EPS 320

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 "$29,047,062" and inserting in place thereof the following figure:- "$29,097,062".

Budget Amendment ID: FY2021-S4-321

EPS 321

Lynn Behavioral Health Unit

Mr. Crighton moved that the proposed new text be amended in section 2, in item 1599-1233, 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 1599-1233, by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$250,000”.

Budget Amendment ID: FY2021-S4-322

EPS 322

Dukes County Sheriff's Office

Mr. Cyr moved that the proposed new text be amended in section 2, in item 8910-8400, by striking out the figure “3,600,298” and inserting in place thereof the figure “4,250,298”.

Budget Amendment ID: FY2021-S4-323

EPS 323

Prison Mitigation

Messrs. Eldridge, Barrett, Pacheco and Feeney and Ms. Rausch moved that the proposed new text be amended in section 2, in item 8900-0001, by adding the following words:- “; 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 section 2, in item 8900-0001, by striking out the figure "$685,058,991" and inserting in place thereof the following figure:- "$687,258,991".

Budget Amendment ID: FY2021-S4-324

EPS 324

State Police Directed Patrols

Messrs. Crighton and Keenan moved that the proposed new text be amended in section 2, in item 8100-1001, by inserting 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 receiving funds for directed patrols in fiscal year 2008 shall receive an equal disbursement of funds in proportion to the current appropriation in fiscal year 2021; provided further, that not less than $95,000 shall be expanded for additional patrols for the summer season at Wollaston Beach and Furnace Brook Parkway in the city of Quincy"; and by striking out figure “$287,418,254" and inserting in place thereof the following figure:-"$288,572,254”

Budget Amendment ID: FY2021-S4-325

EPS 325

Harm Reduction for Congregate Facilities

Ms. Chang-Diaz, Ms. Rausch, Messrs. Barrett and Eldridge moved that the proposed new text be amended in section 2, in item 8900-0001, by inserting after the words:- "contraband in each facility" the following:- "provided further that given the continued prevalence and threat of COVID-19 in the Commonwealth and recent outbreaks of the virus at Essex county jail and within the DOC, that the DOC Commissioner shall take all measures possible to release or furlough all individuals in its care and custody who can be safely released or furloughed, through various mechanisms including, but not limited to, the use of home confinement without exclusion pursuant to Section 1 of Chapter 211F, the expediting of medical parole petition review by Superintendents and the DOC Commissioner, and maximizing good time without mandating participation in programming for those close to their release dates; and further that the Commissioner ensure that all correctional staff undergo weekly COVID-19 testing until the termination of the state of emergency concerning the outbreak of the  novel coronavirus disease, also known as COVID-19, declared by the governor on March 10, 2020. The Commissioner shall apply the same to the counties through its regulation and oversight authority."

Budget Amendment ID: FY2021-S4-325-R1

Redraft EPS 325

Harm Reduction for Congregate Facilities

Ms. Chang-Diaz, Ms. Rausch, Messrs. Barrett and Eldridge, Ms. Jehlen and Ms. Comerford moved that the proposed new text be amended in section 2, in item 8900-0001, by striking the phrase “For the operation of the department of correction; provided that” and inserting in place thereof the following:- 

“For the operation of the department of correction; provided that given the declaration of the state of emergency concerning the outbreak of the 2019 novel coronavirus disease by the governor on March 10, 2020 in the Commonwealth and recent outbreaks of the virus at Essex county jail and within the department of correction, the department shall comply with the following public health and harm reduction measures, and procure certification of compliance from the special master, who in consultation with the health equity task force pursuant to §2 of Chapter 93 of the Acts of 2020 shall review and consider testimony from incarcerated individuals, department staff and public health experts on the department’s progress towards compliance prior to completion of certification, and provided further, the department shall demonstrate compliance prior to the Commissioner and the superintendents of any department facility receiving more than two months of their annual salary from said line item: (I) In addition to credits received pursuant to M.G.L. c.127, §129D and M.G.L. c.127, §129C the commissioner of the department also shall award prisoners public health emergency credits to provide further remission from time of sentence for time served during periods of declared public health emergencies impacting the operation of prisons, in view of the trauma caused by prolonged lockdowns and separation from families and loved ones due to restricted visitation policies. All prisoners incarcerated during such emergencies shall receive further remission of time from sentence at the rate of six months for each month or portion thereof served during a declared emergency up to a maximum of 24 months of credit. All prisoners shall receive public health emergency credit for time served in department facilities from the declaration of the state of emergency concerning the outbreak of the 2019 novel coronavirus disease by the governor on March 10, 2020; (II) for all periods of declared public health emergency the commissioner shall in consultation with the contracted medical provider for the department identify and expedite all medical parole petitions filed pursuant to M.G.L c. 127 §119A for all eligible prisoners, further, the medical provider at each facility shall affirmatively identify all prisoners who meet the eligibility criteria for medical parole, including but not limited to all prisoners living in the Critical Stabilization Units, and Lemuel Shattuck hospital and shall petition on their behalf if a petition has not yet been filed, and shall only deny petitions filed if there is clear and convincing evidence, detailed in writing in the denial, that the prisoner would pose a threat to public safety under medical parole that is not outweighed by the risk to their health and the health of the public by continued incarceration; (III) notwithstanding any other provisions of M.G.L. c. 127 §119A for all periods of declared public health emergency the commissioner shall consider  all prisoners who are at heightened risk in said public health emergency in accordance with Center of Disease Control and Prevention guidelines presumptively eligible for home confinement  through the conclusion of the public health emergency and shall only deny petitions filed if there is clear and convincing evidence, detailed in writing in the denial, that the prisoner would pose a threat to public safety under home confinement that is not outweighed by the risk to their health and the health of the public by continued incarceration; (IV) the commissioner shall direct superintendents to refile denied medical parole petitions from the last 365 days; (V) for all periods of declared public health emergency,  the superintendent for each department facility shall take no longer than 3 days to review and submit to the commissioner their recommendations on medical parole petitions filed pursuant to M.G.L c. 127 §119A, and provided further that the commissioner shall take no longer than 3 days to issue her final decision, and all medical parole petition decisions made during declared public health emergencies shall be reported weekly to the clerks of the senate and the house of representatives, the senate and house committees on ways and means and the joint committee on the judiciary pursuant to M.G.L c. 127 §119A; (VI) all individuals incarcerated solely due to technical violations of probation and/or parole conditions, or pending a hearing on a technical violation of probation or parole, shall be immediately re-probated or re-paroled to the same conditions without requiring any subsequent appearance before the Parole Board or before a judge; throughout the declared state of emergency technical violations of probation or parole cannot serve as the basis for revocation of probation or parole or for imposing the balance of a suspended sentence; (VII) the commissioner shall seek clemency for, release to home confinement, or furlough to home confinement all prisoners age 60 or older for whom a safe and stable housing location can be identified, provided that safe and stable housing shall include, for the duration of the state of emergency declared March 10, 2020, non-congregate shelter units provided under line items 7004-0101, 7004-0102, 7004-0108 and 7004-9316, and provided further that safe and stable housing shall mean safe for both the incarcerated individual and any other persons residing in that housing unit; (VIII) the commissioner shall mandate and enforce weekly testing for all department staff, including contracted and vendor staff who report to in-person duties and cohort staff, including back-up staff, to reduce cross-contamination between units; (IX) for the duration of state of emergency concerning the outbreak of the  novel coronavirus disease, also known as COVID-19, declared by the governor on March 10, 2020 all department facilities shall provide access to emergency services to all prisoners; (X) the commissioner shall ensure that all prisoners earning good time or wages pursuant to M.G.L. c. 127, §§ 129C through D shall be able to continue accruing earned good time or wages without mandating participation in programming for the duration of the state of emergency; (XI) the commissioner shall ensure during the duration of the state of emergency all prisoners receive daily access to outdoor recreation and telephone calls.  The special master in consultation with the health equity task force pursuant to §2 of Chapter 93 of the Acts of 2020 shall review all documentation related to the public health of department facilities and individuals in their custody, testimony from department officials, testimony from incarcerated individuals, and testimony from medical providers and public health experts  to determine the department’s compliance with the aforementioned public health and harm reduction measures, and shall make public online the initial certification excluding all personally identifying information online no later than 3 days after submission; the special master shall also submit and publish periodic certifications of ongoing compliance with the aforementioned public health and harm reduction measures that require sustained, rather than one-time, implementation;”

Budget Amendment ID: FY2021-S4-325-R2

2nd Redraft EPS 325

Harm Reduction for Congregate Facilities

Ms. Chang-Diaz, Ms. Rausch, Messrs. Barrett and Eldridge, Ms. Jehlen and Ms. Comerford moved that the proposed new text be amended in section 2, in item 8900-0001, by inserting the following:- "; provided further, that the department shall conduct routine surveillance testing for the 2019 novel coronavirus, consistent with public health best practices, of consenting inmates in facilities under its purview throughout the state of emergency relative to the 2019 novel coronavirus declared by the governor on March 10, 2020; provided further, that given the continued prevalence and threat of the 2019 novel coronavirus within the commonwealth’s department of correction facilities, the commissioner of correction shall take all measures possible to release, transition to home confinement or furlough individuals in the care and custody of the department who can be safely released, transitioned to home confinement or furloughed with prioritization given to populations most vulnerable to serious medical outcomes associated with the 2019 novel coronavirus according to the federal Centers for Disease Control and Prevention’s guidelines; provided further, that the department shall consider, but shall not be limited to, the following mechanisms: (i) the use of home confinement without exclusion pursuant to chapter 211F of the General Laws; (ii) the expedition of medical parole petition review by superintendents and the commissioner; (iii) the use of furlough; (iv) the maximization of good time by eliminating mandates for participation in programming for those close to their release dates; and (v) awarding credits to provide further remission from time of sentence for time served during periods of declared public health emergencies impacting the operation of prisons; provided further, that the department shall seek recommendations from public health experts to ensure that policies are appropriate in relation to the 2019 novel coronavirus; provided further, that the department shall provide court-mandated access to the special master appointed pursuant to supreme judicial court order number 12926; provided further, that funds shall be made available from this item for the creation of an independent ombudsman’s office for the duration of the state of emergency relative to the 2019 novel coronavirus declared by the governor on March 10, 2020; provided further, that the attorney general, in consultation with the department of public health, shall appoint an ombudsman to act as director of the ombudsman’s office; provided further, that the office shall monitor compliance with the requirements of this item relative to the 2019 novel coronavirus public health emergency, including, but not limited to, actions taken or not taken by the department to ensure the health and safety of individuals under the department’s purview including, but not limited to, employees and inmates, as well as the families of such individuals, and shall have access to information related to the department’s use of the mechanisms for release, home confinement or furlough stated in this item; provided further, that the office shall establish public health standards, using recommended standards and guidance from public health experts, to evaluate the department’s compliance or non-compliance with best practices; provided further, that not less than biweekly, the office shall provide the joint committee on the judiciary and the joint committee on public health with a report on: (a) the department’s efforts to mitigate the rate of infection in facilities under its purview; (b) the department’s efforts taken relative to safe depopulation during the state of emergency relative to the 2019 novel coronavirus declared by the governor on March 10, 2020; (c) the department’s policies in development to further mitigate the rate of infection in correctional settings; (d) the amount of population reduction achieved to-date by the use of the mechanisms for release, home confinement or furlough stated in this item; and (e) the department’s compliance or non-compliance with the office’s established public health standards; and provided further, that, if the office determines that the department is not taking actions necessary to mitigate the rate of infection in facilities under its purview or is in non-compliance with its established public health standards, the office may recommend that the joint committee on the judiciary and the joint committee on public health require the commissioner to testify in a publicly-available forum to discuss the department’s non-compliance and a remediation plan to meet the office’s public health standards".

Budget Amendment ID: FY2021-S4-326

EPS 326

Keeping Families Connected

Ms. Chang-Diaz, Ms. Rausch, Messrs. Barrett, Eldridge and Collins, Ms. Jehlen, Mr. Montigny and Ms. Lovely moved that the proposed new text be amended in section 3, by inserting the following section:-

"SECTION 1. Chapter 127 of the Massachusetts General Laws of 2016 is hereby amended by adding the following new section:-

Section 87A. Telephone and video services shall be provided to prisoners in department of correction facilities and county houses of correction at no cost to the prisoners or the receiving parties."

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2956

The Commonwealth of Massachusetts

_______________

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

_______________

by inserting after section XX the following section:-

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

Section 219. (a) For purposes of this section, “partnership” shall mean the human trafficking prevention business partnership.

(b) There shall be a human trafficking prevention business partnership. The partnership shall engage participating corporations and other private entities in voluntary efforts to prevent and combat human trafficking. The governor or the governor’s designee shall serve as chair of the partnership.

(c) The corporations and other private entities that participate in the partnership shall: (i) adopt a zero tolerance policy toward human trafficking; (ii) ensure that the employees of the corporation or entity comply with the policy adopted pursuant to clause (i); (iii) participate in public awareness and education campaigns; (iv) enhance awareness of and encourage participation in the partnership; and (v) exchange information about effective practices for abolishing human trafficking including, but not limited to, identifying private and nonprofit resources that may be available to support the work of the partnership and promote efforts to abolish human trafficking.

(d) The governor or the governor’s designee shall work collaboratively to promote the partnership with other state agencies including, but not limited to, the executive office of labor and workforce development, the executive office of health and human services and the executive office of public safety and security.

(e) The chair of the partnership shall present a certificate of recognition to participating corporations and private entities to recognize the corporation’s or other private entity’s contributions and commitment to abolishing human trafficking.

(f) Nothing in this section shall limit any existing partnerships to prevent or combat human trafficking, including, but not limited to, existing programs through the office of the attorney general.

(g) Nothing in this section shall limit any laws related to human trafficking.”; and

by inserting after section XX the following section:-

“SECTION XX. Chapter 6A of the General Laws is hereby amended by adding the following 3 sections:-

Section 105. (a) Law enforcement agencies, prosecutors, public defenders, juvenile detention center employees providing direct services and others providing direct services in the juvenile justice system and criminal justice system shall be trained in identifying and responding to human trafficking. The executive office public safety and security shall offer training that shall include information on: (i) human trafficking offenses; (ii) methods used in identifying victims of human trafficking who may be United States citizens or foreign national citizens, including preliminary interview techniques and appropriate questioning methods; (iii) prosecuting human traffickers; (iv) increasing effective collaboration between the courts, nongovernmental organizations and other relevant social service organizations to assist in the investigation and prosecution of human trafficking cases; (v) protecting the rights of victims of human trafficking, including, but not limited to, specific consideration of human rights and female and minor victims; (vi) interacting with victims of human trafficking as victims of crime rather than criminals; and (vi) promoting the safety of victims of human trafficking. The training shall include information on the screening of individuals who may be victims of human trafficking and data collection protocols under section 35A of chapter 22C. The executive office of public safety and security shall collaborate with nongovernmental organizations and other relevant organizations in the preparation and presentation of the training required pursuant to this section.  Nothing in this section shall preclude alternative training programs approved by the attorney general.

(b) The administrative office of the trial court shall provide mandatory training for judges, clerk-magistrates and court personnel.

(c) The executive office of education shall implement mandatory educational training for educators in kindergarten to grade 12, inclusive. The training shall include information to assist educators in identifying victims of human trafficking and providing appropriate support to victims of human trafficking. The training may be incorporated into professional development modules. The executive office of education may collaborate with public or nongovernmental organizations to provide training and may use previously developed courses. The executive office of education shall also develop a parent guide and teacher training material on internet safety and methods of preventing the exploitation of minors over the internet. 

(d) The department of public health shall implement mandatory training at hospitals licensed pursuant to chapter 111 for mandated reporters, as defined by section 21 of chapter 119,  working in such a facility to assist in identifying human trafficking victims and the appropriate actions to be undertaken when such victims have been identified. The department may collaborate with public or nongovernmental organizations to provide training and may use previously developed courses.

Section 106. (a) The executive office of health and human services, in cooperation with the executive office of public safety and security, other appropriate agencies and nongovernmental organizations, shall, subject to appropriation, prepare public awareness programs to educate potential victims of human trafficking and their families on the risks of victimization. The public awareness programs shall include, but not be limited to: (i) information about the risks of becoming a victim of human trafficking that uses best practices to prevent stigmatization of victims and includes information about common recruitment techniques, use of debt bondage and other coercive tactics, risk of maltreatment, rape, exposure to HIV/AIDS and other sexually-transmitted diseases and psychological harm related to victimization in human trafficking cases; (ii) information about victims’ rights under federal and state laws; (iii) methods for reporting suspected recruitment activities; and (iv) information on the types of services available to victims of human trafficking and how to access such services, including information on relevant hotlines including the National Human Trafficking Resource Center Hotline.

(b) The executive office of health and human services, in cooperation with other appropriate agencies and nongovernmental organizations, shall prepare and disseminate general public awareness materials to educate the public on the extent of human trafficking of both United States citizens and foreign nationals within the United States to discourage the demand that fosters the exploitation of persons and that leads to human trafficking.

General public awareness materials may include: (i) information on the impact of human trafficking on individual victims, whether United States citizens or foreign nationals; (ii) aggregate information on human trafficking worldwide and domestically; and (iii) warnings of the criminal consequences of engaging in human trafficking. The materials may include pamphlets, brochures, posters and advertisements in mass media and any other appropriate media. 

(c) Programs and materials described in this section shall preserve the privacy of victims and their family members.

(d) All public awareness programs shall be evaluated periodically to ensure their effectiveness.

(e) The executive office of health and human services, in collaboration with the executive office of public safety and security and the office of the attorney general, shall establish and maintain an independent website to disseminate information regarding human trafficking, human trafficking crime statistics and resources for victims of human trafficking. Information available through the website shall not include the names, locations or other identifying information of victims of human trafficking.

Section 107. The secretary of health and human services shall file an annual report not later than January 1 with the joint committee on children, families and persons with disabilities, the senate and house committees on ways and means and the senate and house committees on rules outlining the adequacy and limitations of current services to meet the safety, support, housing, health, education and quality of life needs of human trafficking victims. The report shall identify specialized needs of victims under the age of 18 including, but not limited to, the needs or current efforts to provide specialized foster care, other suitable housing arrangements and services to safe guard children. The report shall also identify current resources available at safe house facilities including the number of beds, resources located on site and number of victims served.”; and

by inserting after section XX the following section:-

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

Section 77. (a) The department shall display public awareness signs that contain the National Human Trafficking Resource Center Hotline, or a successor hotline, in every transportation station, rest area and welcome center that is open to the public.

(b)  Public awareness campaign advertisements shall be displayed in a conspicuous location visible to the public and employees in: (i) adult entertainment facilities and other businesses primarily dedicated to adult entertainment or sex-related products; (ii) facilities determined to be a nuisance for prostitution under section 4 of chapter 139; (iii) facilities licensed as massage establishments and facilities providing bodyworks and related therapies; (iv) nail salons; (v) job recruitment centers; (vi) facilities operating as foreign transmittal agencies under chapter 169; (vii) hospitals; and (viii) emergency care providers.

(c) An employer who violates subsection (b) shall be punished by a fine of not more than $500 for a first offense and a fine of not more than $1,000 for a second or subsequent offense. 

(d) The attorney general shall promulgate rules and regulations to enforce subsection (b).”; and

by inserting after section XX the following section:-

“SECTION XX. Section 66A of chapter 10 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 3, the word “proceeds” and inserting in place thereof the following words:- all revenues received under section 6O of chapter 62, proceeds.”; and

by inserting after section XX the following section:-

“SECTION XX. Chapter 22C of the General Laws is hereby amended by inserting after section 35 the following section:-

SECTION 35A. (a) The colonel shall promulgate regulations relative to the collection of human trafficking crime data. The regulations shall include, but not be limited to: (i) the responsibilities of the crime reporting unit, as defined in section 32 of chapter 22C, for the collection, analysis, classification, reporting and retention of  human trafficking crime data in a central repository; (ii) the procedures necessary to ensure effective data-gathering, preservation and protection of confidential information, including, but not limited to, victims’ private and identifying information, and the disclosure of information as required by this section; (iii) the procedures for reporting data on a standardized form to the crime reporting unit by law enforcement agencies; and (iv) the procedures for assessing the credibility and accuracy of reports of human trafficking from law enforcement agencies.

(b) The crime reporting unit shall analyze and summarize reports of human trafficking data received by the unit. The crime reporting unit shall produce a report summarizing the data collected from law enforcement agencies, which shall be submitted annually to the governor, attorney general, the joint committee on public safety and homeland security, the joint committee on the judiciary, the senate and house committees on rules, and the senate and house committees on ways and means. The report shall not include the names, locations or other identifying information of victims of human trafficking. The annual report shall be a public record and shall be available on the executive office of public safety and security’s website.

(c) The crime reporting unit shall make data collected on human trafficking under this section available to federal, state and municipal agencies including, but not limited to, law enforcement agencies. Data collected on human trafficking under this section shall be made available to the public. The disclosed information shall not include the names, addresses or other identifying information of victims of human trafficking. 

(d) The district attorney for each county shall report on human trafficking data to the crime reporting unit. Data provided to the crime reporting unit shall include, but not be limited to: (i) the number of prosecutions and convictions of human trafficking crimes, including prosecutions and convictions under sections 50 and 51 of chapter 265; (ii) the characteristics of individuals prosecuted for and convicted of violations under said sections 50 and 51 of said chapter 265, including nationality, age, gender and place of origin; (iii) the characteristics of victims of human trafficking, including nationality, age, gender and place of origin; and (iv) the number of human trafficking prosecutions and convictions originating in each municipality under the district attorney's jurisdiction.

(e) The attorney general shall report on human trafficking data to the crime reporting unit.  Data provided to the crime reporting unit shall include, but not be limited to: (i) the number of prosecutions and convictions of human trafficking crimes, including prosecutions and convictions under sections 50 and 51 of chapter 265; (ii) the characteristics of individuals prosecuted for and convicted of violations under said sections 50 and 51 of said chapter 265, including nationality, age, gender and place of origin; (iii) the characteristics of victims of human trafficking, including nationality, age, gender and place of origin; and (iv) the number of human trafficking prosecutions and convictions originating in each municipality under the attorney general’s jurisdiction.             

(f) All state, county, municipal and campus police departments and other law enforcement agencies that report crime statistics to the executive office of public safety and security shall include statistics on the crimes of trafficking of persons for sexual servitude under section 50 of chapter 265 and trafficking of persons for forced service under section 51 of said chapter 265 to ensure compliance with reporting standards established by the Federal Bureau of Investigation’s Uniform Crime Reporting Program.  Said data shall be reported to the crime reporting unit.

(g) The executive office of public safety and security shall prescribe a standardized form for data collection under subsections (d), (e), and (f).”; and

by inserting after section XX the following section:-

“SECTION XX. Chapter 62 of the General Laws is hereby amended by inserting after section 6N the following section:-

Section 6O. A person filing an individual or a joint return may voluntarily contribute all or part of a refund to which the person is entitled, or may voluntarily add an amount on to an amount due, to be credited to the Victims of Human Trafficking Trust Fund established in section 66A of chapter 10.

A contribution under this section may be made with respect to any taxable year at the time of filing a return of the tax established by this chapter for such taxable year.  The commissioner shall prescribe the manner in which the contribution shall be made on the face of the return required by section 5 of chapter 62C; provided, however, that the commissioner shall assure that taxpayers filing such a form are made clearly aware of their ability to make the contributions provided for by this section.

The commissioner shall annually report the total amount designated under this section to the state treasurer, who shall credit such amount to the Victims of Human Trafficking Trust Fund.”; and

by inserting after section XX the following section:-

“SECTION XX. Chapter 90F of the General Laws is hereby amended by adding the following section:-

Section 17. Upon application or renewal for a license to operate a commercial motor vehicle, the registrar shall provide the applicant with materials regarding the recognition and prevention of human trafficking. The registrar shall also post the materials online in a conspicuous manner alongside driver manuals and resources on the registry website. The registrar may collaborate with organizations that specialize in the recognition and prevention of human trafficking including, but not limited to, Truckers Against Trafficking or its successor organization.”; and

by inserting after section XX the following section:-

“SECTION XX. Section 90A of chapter 127 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 13, the words “or section twenty-six” and inserting in place thereof the following words:- , section 26 or section 50.”; and

by inserting after section XX the following section:-

“SECTION XX. Chapter 140 of the General Laws is hereby amended by inserting after section 6B the following section:-

Section 6C. A person, corporation, partnership or other legal entity licensed as an innholder shall provide human trafficking awareness training to each person in its employ at the time of hire. The training shall include, but not be limited to: (i) the definition of human trafficking and commercial exploitation of children; (ii) recognition of potential victims of human trafficking; (iii) activities commonly associated with human trafficking; and (iv) how to appropriately respond to a known or suspected case of human trafficking. The training program shall be approved by the licensing authority and may be developed by a non-profit or lodging association organization familiar with human trafficking-related issues in the hospitality industry. An innholder shall annually certify to the licensing authority that each employee of the innholder’s establishment has received training required by this section. An innholder that fails to provide training required by this section shall be punished by a fine of not less than $1,000 per day that the violation occurs.”; and

by inserting after section XX the following section:-

“SECTION XX.  The General Laws are hereby amended by inserting after Chapter 258E the following chapter:-

CHAPTER 258F.

Section 1.  (a) As used in this chapter, terms shall have the meanings assigned to them by the federal acts. In addition, the following terms shall have the following meanings:

“certifying entity,” a law enforcement agency, prosecutor, or other public authority that has responsibility for the detection, investigation, or prosecution of a qualifying crime or criminal activity, or an agency that has criminal investigative jurisdiction in its respective areas of expertise, including but not limited to the attorney general, the district attorneys, the state police, the municipal police departments, the department of children and families, the commission against discrimination, the department of labor relations, the department of labor standards, the division of industrial accidents and the municipal boards of health.

“federal acts,” the Trafficking and Victim Protection Act of 2000, 22 U.S.C. section 7101 to 7110 and the Immigration and Nationality Act of 1952, 8 U.S.C. sections 1101 to 1107, inclusive.   

(b) A certifying entity shall adopt a policy for completing and signing certification forms for victims of criminal activity who intend to petition for nonimmigrant visas under 8 U.S.C. section 1101(a)(15)(U) and victims of severe forms of trafficking as defined by 22 U.S.C. section 7102 who intend to petition for nonimmigrant visas under 8 U.S.C. section 1101(a)(15)(T).

(c) A certifying entity shall respond to certification requests from victims of criminal activity who intend to petition for nonimmigrant visas under 8 U.S.C. section 1101(a)(15)(U) and from victims of severe forms of trafficking as defined by 22 U.S.C. section 7102 who intend to petition for nonimmigrant visas under 8 U.S.C. section 1101(a)(15)(T) no later than 90 days after receiving the request for certification. The certifying entity’s response shall consist of either:

(1) completing and signing the certification; or

(2) a written denial of the request, informing the requestor of the reason that the request does not meet the requirements of the certifying entity’s policy under this chapter. All denials shall be without prejudice.

Section 2. (a) A certifying entity shall report to the executive office of public safety and security, on or before February 1, 2021, and annually thereafter, the number of victims that requested nonimmigrant status certification forms, the number of those certification forms that were signed, and the number of those certifications that were denied.

(b) There shall be an interagency crime victim certification steering committee to be convened by the executive office of public safety and security within 90 days from the date of the enactment of this provision. The steering committee shall consist of: the director of the Massachusetts office for victim assistance or the director’s designee, and the secretary of the executive office for public safety and security or the secretary’s designee, who shall serve as co-chairs, the attorney general or the attorney general’s designee, a representative of the Massachusetts Chiefs of Police Association, a representative of the Massachusetts District Attorneys Association; a representative of Jane Doe, Inc.; a representative of an entity dedicated to working with child victims of crime appointed by the Massachusetts Children’s Alliance; a representative of an entity dedicated to working with LGBTQI+ individuals appointed by the department of public health; an immigrant victim of crime appointed by the Massachusetts office for victim assistance; a civil legal aid attorney working with immigrant victims appointed by the Massachusetts Law Reform Institute; a victim witness advocate appointed by the Massachusetts office for victim assistance; a mental health professional appointed by the department of public health; a representative of a group dedicated to immigrant and refugee issues appointed by the governor. The members of the committee shall serve without compensation.

The steering committee shall:

(1) develop sample training materials and plan for implementation of training for law enforcement, prosecutors, victim advocates, state agency personnel, court personnel, and others about this chapter;

(2) create sample policies for certifying entities to utilize;

(3) author a report, with the technical assistance of the executive office of public safety and security, that shall be filed by March 1, 2021 and annually thereafter with the clerks of the house of representatives and senate. The clerks shall make the report available for public inspection. The report shall include the following items: (i) the activities of the steering committee from the previous year; (ii) an overview of implementation issues that arose in the previous year, including but not limited to certifying entity non-compliance with this section or section 1 of chapter 258F; (iii) any recommendations to the legislature; (iv) the number of victims that requested certification forms from each certifying entity; (v) the number of those certification forms that each certifying entity completed and signed; (vi) the number of certifications that each certifying entity denied; and (vii) total statewide statistics on certifications and denials; (viii) other information the steering committee identifies as relevant.

(4) undertake other responsibilities relating to this chapter that the committee identifies.”; and

by inserting after section XX the following section:-

“SECTION XX. Section 4D of chapter 260 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in lines 11 and 14, the figure “3” and inserting in place thereof the following figure:- 10.”; and

by inserting after section XX the following section:-

“SECTION XX. Section 57 of chapter 265 of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the words “section 53A” and inserting in place thereof the following words:-  sections 8, 26 or 53A.”; and

by inserting after section XX the following section:-

“SECTION XX. Section 59 of chapter 265 of the General Laws, as so appearing in the 2018 Official Edition, as most recently amended by section 132 of the Acts of 2018, is hereby amended by inserting after the word “under” in the first instance the following words:- subsection (1) of section 30 or section 30A of chapter 266, or under”; and

by inserting after section XX the following section:-

“SECTION XX. Chapter 276 of the General Laws is hereby amended by inserting after section 87A the following section:-

Section 87B. (a) First offender commercial sexual exploitation prevention programs may be established and certified, subject to appropriation. A court and the district attorney may, after arraignment, prior to the disposition of a defendant and with the approval of the district attorney, divert the defendant charged with a first offense of subsection (b) of section 53A of chapter 272 to a first offender commercial sexual exploitation prevention program. The court shall continue the matter while the defendant fulfills the requirements of the program and shall retain jurisdiction pending the defendant’s successful completion of the program. The district attorney may at any time petition to remove the defendant from the program if the defendant fails to fulfill the requirement of the program. If the court finds that the defendant has failed to substantially comply with the requirements of the program, the court may restore the criminal complaint to the docket for trial or further proceedings in accordance with the regular course of such proceedings.

(b) The court shall determine if the defendant is eligible to participate in the first offender commercial sexual exploitation prevention program established pursuant to this section. The defendant shall not be eligible if the court determines that: (i) the defendant was convicted or admitted to sufficient facts of a previous violation of subsection (b) or (c) of section 53A of chapter 272 or a similar offense under the laws of another state; (ii) the defendant was previously admitted to a first offender commercial sexual exploitation prevention program under this section; (iii) the defendant has previously been charged with a violation of subsection (b) or (c) of said section 53A of said chapter 272 or a similar offense under the laws of another state and is awaiting adjudication of such offense; (iv) the defendant has been charged with, convicted of or admitted to sufficient facts of a violation of section 50 or 51 of chapter 265; or (v) the defendant is a registered sex offender under chapter 6 or the laws of another jurisdiction.

(c) A first offender commercial sexual exploitation prevention program shall, at a minimum: (i) provide each participant with information, counseling and services relating to: (A) the negative impact of commercial sex and sex trafficking on victims; (B) the negative impact of commercial sex and sex trafficking on communities; (C) the health risks involved in commercial sexual exploitation, including the risk of sexually transmitted diseases and issues relating to mental health, substance abuse and sexual addiction;  (D) the legal consequence to the defendant; and (E) classroom instruction related to the prevention of commercial sexual exploitation and organized crime and the sex industry;  (ii) employ persons or solicit volunteers that may include, but shall not be limited to, health care professionals, psychologists, licensed social workers or counselors, survivors of commercial sexual exploitation, members of a neighborhood association or community that is adversely affected by the commercial sex trade or trafficking of persons or employees of a nongovernmental organization specializing in advocacy on laws related to sex trafficking or human trafficking or in providing services to victims of those offenses; (iii)  allow a participant to withdraw from the program at any time before a trial on the merits has been initiated; and (iv) certify to the court that the defendant has successfully completed the requirements of the program, has failed to complete the program or has withdrawn from the program.

(d) Upon successful completion of the program, the court may dismiss the charge against the defendant. Upon dismissal, the court may order the record of the defendant sealed.

(e) The court shall determine and assess an appropriate fee for participation in the first offender commercial sexual exploitation prevention program. The court shall not waive the fee but may reduce the fee based on a determination by the court that the defendant cannot pay the entire fee. The fee shall be distributed as follows: (i) ⅓ shall be transferred to the nonprofit organization certified by the commissioner of probation to conduct the program; (ii) ⅓ shall be transferred to the Victims of Human Trafficking Trust Fund established in section 66A of chapter 10; and (iii) ⅓ shall be transferred to the state or municipal law enforcement agency responsible for the arrest of the defendant to be used for human trafficking investigations and prevention and to fund mandatory training for law enforcement agencies, prosecutors, public defenders, juvenile detention center employees providing direct services to victims of human trafficking and others providing direct services in the juvenile justice system and criminal justice system.

(f) The commissioner of probation shall review each organization that operates a first offender commercial sexual exploitation prevention program and shall certify that the program is operating under the requirements of subsection (c). The commissioner shall notify the administrative office of the trial court and the district attorney of all programs receiving such certification. Only programs certified by the commissioner shall be qualified to operate a program under this section. The commissioner may decertify a program for good cause and the commissioner shall notify the administrative office of the trial court of decertification.”; and

by inserting after section XX the following section:-

“SECTION XX. Said chapter 276 is hereby further amended by inserting after section 100U the following section:-

Section 100V. (a) In a case in which a plea of not guilty has been entered by a court pursuant to section 59 of chapter 265 and (i) the criminal complaint is subsequently dismissed; (ii) the defendant is found not guilty by a judge or a jury; (iii) a finding of no probable cause is made by the court; or (iv) a nolle prosequi has been entered, a judge shall, upon motion of the defendant, seal the court appearance and disposition recorded and the clerk and the probation officers of the courts in which the proceedings occurred or were initiated shall seal the records of the proceedings in their files. Sealed records shall not operate to disqualify a person in any examination, appointment, or application for public employment in the service of the commonwealth or of any political subdivision.

(b) An application for employment used by an employer that seeks information concerning prior arrests, convictions or adjudications of delinquency of the applicant shall include, in addition to the statement required under section 100A, the following statement: “An applicant for employment with a sealed record on file with the commissioner of probation may answer ‘no record’ with respect to an inquiry herein relative to prior arrests or criminal court appearances.” The attorney general may enforce this section by a suit in equity commenced in the superior court. Notwithstanding this section or any other general or special law to the contrary, the commissioner of probation or the clerk of courts in any district court, superior court, juvenile court or the Boston municipal court, in response to inquiries by authorized persons other than by a law enforcement agency or a court, shall, in the case of a sealed record, report that no record exists.”; and

by inserting after section XX the following section:-

“SECTION 15. The secretary of health and human services shall file the initial report required under section 107 of chapter 6A of the General Laws not later than 180 days after the effective date of this act.”

Budget Amendment ID: FY2021-S4-328

EPS 328

First Responder Suicide Prevention

Mr. Montigny, Ms. DiZoglio, Messrs. O'Connor, Moore 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 not less than $50,000 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

by striking out the figure “$3,614,795” and inserting in place thereof the following figure:- “$3,664,795”.

Budget Amendment ID: FY2021-S4-329

EPS 329

MA Police and Fire Department PPE Grants

Messrs. Tarr, Timilty and O'Connor and Ms. Moran moved that the proposed new text be amended in section 2, in item 8000-0600, by adding the following words:-"; provided further $2,000,000 shall be expended for a grant program to assist municipal police and fire departments for Personal Protective Equipment, funding for said grant program shall be provided to the maximum extend feasible from the federal cares act" and by striking out the figure "3,614,795" and inserting in place thereof the following:-"$5,614,795".

Budget Amendment ID: FY2021-S4-331

EPS 331

Providing for the Care and Transportation of Police Dogs Injured in the Line of Duty

Messrs. Tarr and Feeney, Ms. Gobi, Messrs. O'Connor, Velis, Montigny and Cyr moved that the proposed new text be amended by inserting after section _ the following:-

“SECTION _. Section 1 of Chapter 111C of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the definition of “person” the following definition:-

“Police dog,” a specially trained dog owned or used by a law enforcement department or agency of the commonwealth or any of its political subdivisions, and used in the course of the department’s or agency’s official work, including a search and rescue dog, service dog, accelerant detection canine, or other dog that is in use by the law enforcement agency for official duties.

SECTION _. Said Chapter 111C is hereby amended by adding after Section 9 the following section:-

Section 9A. Ambulance services shall authorize their EMS personnel to provide emergency treatment to a police dog injured in the line of duty, and transport such police dog by ambulance, to a veterinary clinic or veterinary hospital equipped to provide emergency treatment to dogs; provided, there are no person requiring emergency medical treatment or transport at that time.  Ambulance services shall develop written policies or procedures for the following:

(a) Appropriate training of EMS personnel to provide police dogs basic level first aid, cardiopulmonary resuscitation, and life-saving interventions, including but not limited to administering naloxone, developed in consultation with a veterinarian licensed pursuant to chapter 112; the provision of advanced life support care is not authorized and requires treatment by a veterinarian licensed pursuant to chapter 112;

(b) Safe handling procedures for injured police dogs, including the use of a box muzzle, and response coordination with a law enforcement agency member trained in handling police dogs, developed in consultation with a veterinarian licensed pursuant to chapter 112 and a law enforcement police dog handler or trainer;

(c) Identification of local veterinary facilities that will provide emergency treatment of injured police dogs on short notice;

(d) Proper and complete decontamination of stretchers, the patient compartment, and all contaminated medical equipment, when a police dog has been transported by ambulance or other EMS vehicle; and

(e) Sterilization of the interior of an ambulance, including complete sanitizing of all allergens and disinfection to a standard safe for human transport before being returned to human service.

SECTION _. Section 21 of chapter 111C, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:-

No EMS personnel certified, accredited or otherwise approved under this chapter, and no additional personnel certified or authorized under section 9, who in the performance of their duties and in good faith render emergency first aid, cardiopulmonary resuscitation, transportation, or other EMS, to an injured police dog, as permitted by section 9A of this chapter, shall be personally liable as a result of rendering such aid or services or, in the case of an emergency medical technician or additional personnel, as a result of transporting such animal to a veterinary care facility, nor shall they be liable to a veterinary care facility for its expenses if, under emergency conditions, they cause the admission of such animal to said veterinary care facility.

SECTION _. Section 58 of chapter 112, as appearing in the 2018 General Laws, is hereby amended by inserting the following paragraph:-

9. Any EMS provider who provides care to an injured police dog as defined in Section 9A of Chapter 111C.”

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2957

The Commonwealth of Massachusetts

_______________

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

_______________

by inserting after section _ the following sections:-

SECTION 1.  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 2.  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 3.  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 4. 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

(4) 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 5.  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 6.  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 7.  Subsection (c) of section 58 of chapter 276 shall take effect on July 1, 2021.