Budget Amendment ID: FY2023-S4-921-R1

Redraft JUD 921

Indigency

Mr. Brownsberger and Ms. Creem moved that the proposed new text be amended by inserting after section 42 the following 3 sections:-

“SECTION 42A. Subsection (c) of section 2A of chapter 211D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

At any time that the court receives information that puts into doubt the court’s determination that a person for whom counsel was appointed no longer meets the definition of indigency, the court shall order the chief probation officer or the officer’s designee to reassess the financial circumstances of the person to ensure that the person continues to meet the definition of indigency. The chief probation officer or the officer’s designee shall prepare, sign and file a written report certifying that the person continues to meet or no longer meets the definition of indigency.

SECTION 42B.  Said section 2A of said chapter 211D, as so appearing, is hereby amended by striking out, in lines 87 to 89, inclusive, the words “, other than the bi-annual reassessments required by the defendant’s representation for the first offense,”.

SECTION 42C. Said section 2A of said chapter 211D, as so appearing, is hereby further amended by striking out subsections (f) to (i), inclusive.”;

and by inserting after section 46 the following 5 sections:-

“SECTION 46A.  Section 27A of chapter 261 of the General Laws, as so appearing, is hereby amended by striking out the definition of “Indigent” and inserting in place thereof the following definition:-

''Indigent'', a person: (i) who receives transitional aid to families with dependent children, emergency aid to the elderly, disabled and children, supplemental nutrition assistance program benefits, refugee cash assistance, need-based veterans' benefits, medicaid, supplemental security income or supplemental security income state supplemental program benefits; (ii) whose income, after taxes, is 125 per cent or less of the current poverty guidelines established annually by the United States Department of Health and Human Services pursuant to section 673 of the Omnibus Budget Reconciliation Act of 1981, 42 U.S.C. 9902(2), as amended; or (iii) who is unable to pay the fees and costs of the proceeding in which the person is involved or is unable to do so without depriving themself or their dependents of the necessities of life, including food, shelter and clothing; provided, however, that “indigent” shall not include a prisoner adjudged indigent pursuant to section 27C unless the prisoner has complied with the procedures set forth in section 29 and the court finds that the prisoner is incapable of making payments under the plans set forth in said section 29.

SECTION 46B. Said section 27A of said chapter 261, as so appearing, is hereby further amended by striking out the definition of “Inmate” and inserting in place thereof the following definition:-

''Prisoner”, a person committed to, held by or in the custody of the department of correction or a state, county or federal correctional facility or the treatment center under chapter 123A.

SECTION 46C. Section 29 of said chapter 261, as so appearing, is hereby amended by striking out the word “inmate”, each time it appears, and inserting in place thereof, in each instance, the following word:- prisoner.

SECTION 46D. Said section 29 of said chapter 261, as so appearing, is hereby further amended by striking out the word “inmate’s”, each time it appears, and inserting in place thereof, in each instance, the following word:- prisoner’s.

SECTION 46E. Said section 29 of said chapter 261, as so appearing, is hereby further amended by striking out, in line 24, the word “inmates” and inserting in place thereof the following word:- prisoners.”.