Consolidated Amendment #C to H.4000

Consolidated Amendment "C" to H4000

Public Safety and Judiciary

Fiscal Note: $5,340,904

Amendment 855 is recategorized from Constitutional Officers and State Admin to Judiciary

Amendments 67 and 69 are recategorized from Public Safety to Transportation

Amendments from Judiciary: 136, 304, 325, 401, 535, 549, 843, 845, 853, 855, 878, 1028, 1044, 1062, 1065, 1109, 1150

Amendments from Public Safety: 1, 7, 17, 24, 31, 47, 53, 56, 62, 66, 68, 71, 90, 92, 173, 178, 179, 220, 227, 233, 268, 287, 288, 289, 290, 291, 292, 303, 305, 307, 310, 317, 322, 336, 395, 419, 435, 475, 487, 524, 531, 532, 562, 563, 564, 612, 613, 616, 620, 625, 640, 646, 651, 662, 664, 675, 679, 680, 681, 683, 684, 700, 701, 702, 704, 705, 713, 725, 748 , 775, 780, 789, 802, 807, 821, 824, 831, 836, 859, 876, 900, 923, 944, 947, 950, 1018, 1025, 1038, 1042, 1047, 1064, 1067, 1069, 1070, 1074, 1075, 1081, 1110, 1125, 1135

Mr. Michlewitz of Boston and others move to amend H.4000 in section 2, in item 0321-1510, by inserting after the figure “211D”, the second time it appears, the following:- , prior appropriation continued;

And further amend said section 2, in item 0330-0300, by inserting after the word “litigants” the following words:- ; provided further, that not less than $75,000 shall be expended for pro-bono legal services to low-income residents of the city of Chelsea provided by Chelsea Legal Services, Inc.; provided further, that not less than $75,000 shall be expended for community outreach clinics and pro bono activities of the University of Massachusetts School of Law to provide direct legal assistance in the area of tenants’ rights;

And further amend said item by striking out the figure “$291,254,992” and inserting in place thereof the following figure:- $291,404,992;

And further amend said section 2, in item 0330-0613, by striking out the figure “$1,200,000” and inserting in place thereof the following figure:- $1,300,000;

And further amend said item by striking out the figure “$7,562,500” and inserting in place thereof the following figure:- $7,662,500;

And further amend said section 2, in item 0337-0002, by inserting after the word “department” the following words:- ; provided, that not less than $50,000 shall be expended for a grant to One Can Help, Inc. for the purpose of providing assistance and resources for families in juvenile courts statewide; provided further, that not less than $300,000 shall be expended on the Worcester county court-appointed special advocates program; provided further, that not less than $136,000 shall be expended on the Franklin and Hampshire county court-appointed special advocates program; provided further, that not less than $180,000 shall be expended on the Hampden county court-appointed special advocates program; provided further, that not less than $167,000 shall be expended on the Essex county court-appointed special advocates program; provided further, that not less than $240,000 shall be expended on the Boston court-appointed special advocates program; and provided further, that not less than $64,000 shall be expended on the Berkshire county court-appointed special advocates program;

And further amend said item by striking out the figure “19,128,605” and inserting in place thereof the following figure:- $20,265,605;

And further amend said section 2, in item 0339-1001, by inserting after the word “substances” the following words:- ; provided further, that not less than $100,000 shall be expended for the expansion of Communities for Restorative Justice, Inc. pursuant to chapter 276B of the General Laws;

And further amend said item by striking out the figure “$159,855,587” and inserting in place thereof the following figure:- $159,955,587;

And further amend said section 2, in item 0340-0400, by inserting after the word “item” the following words:- ; provided further, that notwithstanding any general or special law to the contrary, the Worcester district attorney’s office may expend money under this item for the legal defense of prosecutors for conduct arising during the course of their employment;

And further amend said section 2, in item 0840-0100, by striking out the words “training programs for victim witness advocates in district attorneys’ offices” and inserting in place thereof the following words:- the operation and administration of trainings and educational programming that advances the goals of the Massachusetts Office for Victim Assistance;

And further amend said section 2, in item 8000-0313, by inserting after the word “programs” the following words:- ; provided, that not less than $25,000 shall be expended to the town of Shrewsbury for public safety improvements including the purchase of 40 police-worn body cameras; provided further, that not less than $50,000 shall be expended for mental and behavioral health training and clinical consultation to support police department personnel in the city of Malden; provided further, that not less than $40,000 shall be expended to the town of Pembroke for public safety improvements; provided further, that not less than $25,000 shall be expended to the town of Rehoboth for funding for building code upgrades for the fire alarm and security system at the Rehoboth public safety building; provided further, that not less than $50,000 shall be expended for assisting with the creation of a diversity, equity and inclusion task force in the town of Wellesley; provided further, that not less than $25,000 shall be expended for a public safety grant in the town of Topsfield; provided further, that not less than $25,000 shall be expended for a public safety grant in the town of Rowley; provided further, that not less than $25,000 shall be expended for a public safety grant in the town of Wenham; provided further, that not less than $25,000 shall be expended for a public safety grant in the town of Ipswich; provided further, that not less than $50,000 shall be expended for the Lynn police department's behavioral health unit; provided further, that not less than $100,000 shall be expended for the Dismas House of Massachusetts, Inc. in the city of Worcester; provided further, that not less than $22,500 shall be expended for public safety radio communication improvements in the town of Sudbury; provided further, that not less than $25,000 shall be expended for the construction of a fiber optic network in the town of Middleton to connect the fire, police and other municipal buildings and enable to the town to join a regional IT collaborative; provided further, that not less than $25,000 shall be expended for public health and safety improvements in the town of Grafton; provided further, that not less than $25,000 shall be expended for public health and safety improvements in the town of Northbridge; provided further, that not less than $25,000 shall be expended for public health and safety improvements in the town of Upton; provided further, that not less than $50,000 shall be expended to the Everett police department for communications upgrades; provided further, that not less than $25,000 shall be expended to the town of Middleborough for the police department to implement measures intended to build positive relationships with the community, including the purchasing of body cameras for officers; provided further, that not less than $100,000 shall be expended to the town of Braintree for public safety improvements; provided further, that not less than $50,000 shall be expended to the town of Holbrook for public safety improvements; provided further, that not less than $50,000 shall be expended to the town of Randolph for public safety improvements; provided further, that not less than $20,000 shall be expended for the police department in the town of Brookfield; provided further, that not less than $20,000 shall be expended for the police department in the town of Oakham; provided further, that not less than $75,000 shall be expended for the town of Tewksbury for services provided by the police department to the Tewksbury state hospital; provided further, that not less than $30,000 shall be expended for emergency roadway repairs in the town of Acushnet; provided further, that not less than $60,000 shall be expended for the procurement and implementation of a body camera program in city of Marlborough's police department; provided further, that not less than $38,404 shall be expended for the continued implementation of a body camera program in the town of Westborough's police department; provided further, that not less than $60,000 shall be expended for the procurement and implementation of a body camera program in the town of Northborough’s police department; provided further, that not less than $75,000 shall be expended to the Northeastern Massachusetts Law Enforcement Council, Inc. to provide mental health, wellness and suicide prevention services to emergency service providers in northeastern Massachusetts; provided further, that not less than $50,000 shall be expended to the town of Watertown for public safety improvements; provided further, that not less than $50,000 shall be expended to the Woburn police department to modernize its emergency equipment; provided further, that not less than $50,000 shall be expended to the town of Boylston for hosting a municipal police training academy; provided further, that not less than $50,000 shall be expended for the purchase of a new police and/or fire department equipment in the town of Dracut; provided further, that notwithstanding any general or special law to the contrary, no funds shall be transferred from this item to any other item of appropriation; and provided further, that funds shall be expended fully and on a schedule consistent with the provisions of section 9B of chapter 29 of the General Laws;

And further amend said item by striking out the figure “$100,000” and inserting in place thereof the following figure:- $1,415,904;

And further amend said section 2, in item 8000-1127, by striking out the figure “$1,000,000” and inserting in place thereof the following figure:- $1,250,000;

And further amend said section 2, in item 8100-1001, by inserting after the words “information services” 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 of said amount, 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, of said amount, not less than $50,000 shall be expended for directed patrols in the South Boston section of the city of Boston including, but not limited to, Day boulevard, Carson beach, M street beach and Castle island; provided further, that, of said amount, not less than $25,000 shall be expended for directed patrols at Constitution beach in the East Boston section of the city of Boston; provided further, that, of said amount, not less than $95,000 shall be expended for designated seasonal state police patrols in the Wollaston beach and Quincy Shore drive area and Furnace Brook parkway in the city of Quincy from May 31 to September 1; 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 2022;

And further amend said section 2, in item 8100-1001, by striking out the figure “$298,754,896” and inserting in place thereof the following figure:- $299,784,896

And further amend said section 2, in item 8324-0050, by adding the following words:- ; provided, that not less than $75,000 shall be expended for the purchase of equipment necessary to upgrade the infrastructure of public safety radio equipment to improve the public safety in the town of Southwick; provided further, that not less than $25,000 shall be expended for the Boston Sparks Association, Inc. canteen program to serve and assist first responders during emergency situations; provided further, that not less than $5,000 shall be expended for fire department security repairs in the town of Norwood; provided further, that not less than $50,000 shall be expended for updated surveillance and rescue equipment for the fire department in the city of Malden; provided further, that not less than $8,000 shall be expended for the purpose of the maintenance of the Sandwich fire department fire boat; provided further, that not less than $25,000 shall be expended for the town of North Andover to purchase a vehicle for the fire department; provided further, that not less than $25,000 shall be expended for the town of Tewksbury for services provided by the fire department to the Tewksbury state hospital; provided further, that not less than $40,000 shall be expended to the Duxbury fire department in the town of Duxbury for fire safety improvements; provided further, that not less than $75,000 shall be expended for the town of Saugus fire department for EFJ VP portable radios; provided further, that the amount expended 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 expended in fiscal year 2022; provided further, that not less than $50,000 shall be expended to the Everett fire department for communications upgrades; provided further, that not less than $25,000 shall be expended to the Norfolk fire department for the purchase of a battery powered extrication tool; provided further, that not less than $25,000 shall be expended for the Taunton fire department for roof repairs at fire stations in the city of Taunton; provided further, that not less than $150,000 shall be expended for public safety communication and alarm equipment upgrades in the city of Beverly; provided further, that not less than $100,000 shall be expended for a municipal grant program administered by the fire marshal for firefighter cancer screenings including advance blood testing and imaging; provided further, that not less than $25,000 shall be expended for emergency radio communications upgrades for the Fire Chiefs’ Association of Bristol county to cover 1/3 of the cost for the full implementation of developing and upgrading the emergency radio communications system in Bristol county; provided further, that notwithstanding any general or special law to the contrary, no funds shall be transferred from this item to any other item of appropriation; and provided further, that funds shall be expended fully and on a schedule consistent with the provisions of section 9B of chapter 29 of the General Laws;

And further amend said section 2, in item 8324-0050, by striking out the figure “$100,000” and inserting in place thereof the following figure:- $753,000;

And further amend said section 2, in item 8700-0001, by inserting after the word “services” the following words:- ;provided further, that not less than $25,000 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 further amend said section 2, in item 8700-0001, by striking out the figure “$11,152,525” and inserting in place thereof the following figure:- $11,177,525;

And further amend said section 2, in item 8900-0001, by inserting after the word “level” the following words:- ; provided further, that the department shall expend not less than $500,000 for municipalities hosting department of correction facilities;

And further amend said section 2, in item 8900-0001, by striking out the figure “$696,482,000” and inserting in place thereof the following figure:- $696,982,000;

And further amend said section 2, in item 8900-1100, by inserting after the words “state prisons” the following words:- ; provided further, that not less than $30,000 shall be expended for the department of correction to cover costs associated with coordinating and supporting partnerships with higher education institutions that provide post-secondary education programs in state prisons;

And further amend said section 2, in item 8900-1100, by striking out the figure “$1,500,000” and inserting in place thereof the following figure:- $1,530,000;

And further amend said section 2, in item 8910-0102, by striking out the figure “$25,000” and inserting in place thereof the following figure:- $75,000;

And further amend said section 2, in item 8910-0102, by striking out the figure “$76,824,582” and inserting in place thereof the following figure:- $76,874,582;

And further moves to amend the bill by inserting, after section 8, the following section:-

SECTION 8A. Section 17 of chapter 37 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

The sheriffs of the counties of Barnstable, Bristol, Norfolk, Plymouth and Suffolk and of the former counties of Berkshire, Essex, Franklin, Hampden, Hampshire, Middlesex and Worcester shall each receive a salary equal to 90 per cent of the amount of the annual salary of district attorneys set forth in section 15 of chapter 12. The sheriff of the county of Dukes shall receive a salary equal to 71 per cent of the amount of the annual salary of district attorneys set forth in said section 15 of said chapter 12. The sheriff of the county of Nantucket shall receive a salary equal to 57 per cent of the amount of the annual salary of district attorneys set forth in said section 15 of said chapter 12.

And further amend the bill by inserting after section 9, the following 5 sections:-

SECTION 9A. Section 111M of chapter 41 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 2, the words “city or town” and inserting in place thereof the following words:- city, town or political subdivision thereof.

SECTION 9B. Said section 111M of said chapter 41, as so appearing, is hereby further amended by inserting after the word “town”, in line 11, the following words:- or political subdivision thereof.

SECTION 9C. Said section 111M of said chapter 41, as so appearing, is hereby further amended by inserting after the word “town”, in lines 25 and 28, in each instance, the following words:- or political subdivision thereof.

SECTION 9D. Said section 111M of said chapter 41, as so appearing, is hereby further amended by striking out, in line 36, the word “town,” and inserting in place thereof the following words:- town or political subdivision thereof.

SECTION 9E. Section 111N of said chapter 41, as so appearing, is hereby amended by inserting after the words “or town”, in lines 8, 13, 15, 24, 26, 43, 50, 53 and 59, in each instance, the words:- or political subdivision thereof.

And further amend the bill by inserting, after section 24H, inserted by Consolidated Amendment “B”, the following section:-

SECTION 24I. Section 2A of chapter 5 of the acts of 2019 is hereby amended by striking out item 8100-1014, as amended by section 40 of chapter 142 of the acts of 2019, and inserting in place thereof the following item:-

8100-1014. For costs associated with the collection and testing of all previously untested investigatory sexual assault evidence kits by the crime laboratory within the department of state police or by an accredited private crime laboratory designated by the secretary of public safety and security; provided, that all previously untested investigatory sexual assault evidence kits shall be tested within 180 days of the effective date of this act; provided further, that for the purposes of this item, “previously untested investigatory sexual assault evidence kits” shall mean any sexual assault evidence kit or additional evidence collected contemporaneously with such kit that has not been subjected to a forensic DNA analysis intended to develop an autosomal DNA profile that is eligible for entry into CODIS and the state DNA databases; and provided further, that any unexpended funds in this item shall not revert but shall be made available for the purpose of this item until June 30, 2022………………………………………………..$8,000,000

And further amend the bill by inserting, after section 28, the following section:-

SECTION 28A. (a) Notwithstanding section 11 of chapter 211D of the General Laws, or any general or special law to the contrary, for fiscal year 2022, the rates of compensation payable to all counsel who are appointed or assigned to represent indigents within the private counsel division of the committee for public counsel services in accordance with subsection (b) of section 6 of said chapter 211D, shall, subject to appropriation, be as follows: for homicide cases the rate of compensation shall be $105 per hour; for superior court non-homicide cases, including sexually dangerous person cases, the rate of compensation shall be $71.50 per hour; for district court cases and children in need of services cases the rate of compensation shall be $56.50 per hour; for children and family law cases and care and protection cases the rate of compensation shall be $65 per hour; and for sex offender registry cases and mental health cases the rate of compensation shall be $56.50 per hour.

(b) The committee for public counsel services shall submit a report to the house and senate committees on ways and means not later than December 15, 2021 regarding the status of staffing in the private counsel division of the committee due to disruptions resulting from the outbreak of the 2019 novel coronavirus, also known as COVID-19, or the effects of the governor’s March 10, 2020 declaration of a state of emergency. The report shall include, but not be limited to, the following information for each type of case: (i) the number of cases delayed due to court closures; (ii) the number of cases handled by private counsel; (iii) the anticipated number of private counsel needed to handle cases through fiscal year 2024; and (iv) proposed pay rates for private counsel under section 11 of chapter 211D of the General Laws necessary to achieve the anticipated staffing needs of the private counsel division of the committee.

And further amend the bill by inserting, after section 44, the following 2 sections:-

SECTION 44A. (a) Not later than December 1, 2021, the sheriff’s office in each county shall file a report with the clerks of the house of representatives and senate and with the house and senate committees on ways and means, which shall include: (i) the costs, revenues and reimbursements associated with any (A) agreement made pursuant to 8 U.S.C. section 1357(g), and (B) intergovernmental service agreement for housing federal detainees; and (ii) the performance of the functions thereof, for fiscal years 2018 to 2021, inclusive. For fiscal year 2022, the sheriff’s office in each county shall file additional reports with such information on a quarterly basis beginning on October 1, 2021, with the clerks of the house of representatives and senate and the house and senate committees on ways and means not later than 15 days after the last day of the quarter.

(b) Not later than December 1, 2021, the department of correction shall file a report with the clerks of the house of representatives and senate and with the house and senate committees on ways and means, which shall include: (i) the costs, revenues and reimbursements associated with any (A) agreement made pursuant to 8 U.S.C. section 1357(g), and (B) intergovernmental service agreement for housing federal detainees; and (ii) the performance of the functions thereof, for fiscal years 2018 to 2021, inclusive. For fiscal year 2022, the department shall file additional reports with such information on a quarterly basis beginning on October 1, 2021, with the clerks of the house of representatives and senate and the house and senate committees on ways and means not later than 15 days after the last day of the quarter.

SECTION 44B. Notwithstanding any general or special law to the contrary, all previously untested investigatory sexual assault evidence kits shall be tested within 180 days of the effective date of this act. Not later than January 1, 2022, the executive office of public safety and security shall issue a report with the clerks of the house of representatives and senate and the joint committee on public safety and homeland security on the status of testing untested investigatory sexual assault evidence kits, which shall include, but not be limited to, the following information: (i) the number of untested investigatory sexual assault evidence kits in the possession of public crime laboratories prior to the effective date of this act; (ii) the year each kit was collected; (iii) the date each kit was tested; and (iv) the date the resulting information was entered into CODIS and the state DNA databases. For the purposes of this section, “untested investigatory sexual assault evidence kits” shall mean any sexual assault evidence kit or additional evidence collected contemporaneously with such kit that has not been subjected to a forensic DNA analysis intended to develop an autosomal DNA profile that is eligible for entry into CODIS and the state DNA databases. The report shall be made publicly available on the executive office’s website no later than January 1, 2022.

And moves to further amend the bill by inserting, after section 49E, inserted by Consolidated Amendment “B”, the following 2 sections:-

SECTION 49F. Section 28A is hereby repealed.

SECTION 49G. Section 49F shall take effect on July 1, 2022.