Amendment ID: S3087-5

Amendment 5

Dangerousness hearing at any point in the case

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

SECTION_. Section 58A of said chapter 276, as so appearing,  is hereby further amended by striking out, in lines 113-to 124, the first four sentences of subsection (4) and inserting in place thereof the following five sentences:-

(4) When a person is charged with an offense listed in subsection (1) and upon a motion by the commonwealth, the judge shall hold a hearing to determine whether conditions of release will reasonably assure the safety of any other person or the community.

If the commonwealth moves for a hearing at the time of arraignment, the hearing shall be held immediately upon the person's first appearance before the court unless that person, or the attorney for the commonwealth, seeks a continuance. Except for good cause, a continuance on motion of the person may not exceed seven days, and a continuance on motion of the attorney for the commonwealth may not exceed three business days. During a continuance, the individual shall be detained upon a showing that there existed probable cause to arrest the person.

If the  attorney for the commonwealth files a motion seeking to detain the person under this section at any time after the time of arraignment or the person’s first appearance before the court, the court shall order that the hearing shall occur as soon as possible and within the time periods and as otherwise set forth in this section.