Judiciary Amendments

Budget Amendment ID: FY2025-S4-895

JUD 895

Court-Appointed Special Advocates

Messrs. Moore and Eldridge, Ms. Kennedy, Ms. Moran and Messrs. Mark and Gomez moved that the proposed new text be amended in section 2, in item 0337-0002, by adding the following words:- “; provided further, that not less than $460,000 shall be expended for the Worcester County court-appointed special advocates program for its court-appointed special advocates program in Worcester county; provided further, that not less than $136,000 shall be expended for the Franklin and Hampshire County court-appointed special advocates program; provided further, that not less than $180,000 shall be expended for the Hampden county court-appointed special advocates program; provided further, that not less than $167,000 shall be expended for the Essex county court-appointed special advocates program; provided further, that not less than $288,000 shall be expended for the Boston court-appointed special advocates program; provided further, that not less than $100,000 shall be expended for the Berkshire county court-appointed special advocates program; provided further, that not less than $125,000 shall be expended for the Bristol County court-appointed special advocates program; provided further, that not less than $100,000 shall be expended to Massachusetts CASA Association, Inc.”; and

by striking out the figure “$25,296,828” and inserting in place thereof the following figure:- “$26,852,828”.

Budget Amendment ID: FY2025-S4-895-R1

Redraft JUD 895

Court-Appointed Special Advocates

Mr. Moore, Ms. Kennedy, Ms. Miranda, Messrs. Payano, Oliveira, Gomez and Tarr and Ms. Lovely moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following words:- “; provided further, that not less than $26,000 shall be expended for the Worcester county court-appointed special advocates program for its court-appointed special advocates program in Worcester county”; and by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$126,000”.

Budget Amendment ID: FY2025-S4-896-R1

Redraft JUD 896

Inmate No Cost Calls Limitations

Messrs. Fattman, Tarr and Collins moved that the proposed new text be amended by inserting after section ___ the following section:-

“SECTION X. Chapter 64 of the Acts of 2023 is hereby amended by inserting after section 2 the following subsection:-

(d) Notwithstanding any general or special law to the contrary, section 87A shall not apply to an individual committed to a state correctional facility, state prison, or county correctional facility who has been found guilty of any of the following crimes: rape, rape of a child, first degree murder, second degree murder, attempted murder, sexual assault, assault and battery on second offense, assault and battery with dangerous weapon, arson, stalking, and armed robbery.”

Budget Amendment ID: FY2025-S4-896

JUD 896

Inmate No Cost Calls Limitations

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

“SECTION X. Chapter 64 of the Acts of 2023 is hereby amended by inserting after section 2 the following subsection:-

(d) Notwithstanding any general or special law to the contrary, section 87A shall not apply to an individual committed to a state correctional facility, state prison, or county correctional facility who has been found guilty of any of the following crimes: rape, rape of a child, first degree murder, second degree murder, attempted murder, vehicular manslaughter, sexual assault, assault and battery on second offense, assault and battery with dangerous weapon, arson, stalking, and armed robbery.”

Budget Amendment ID: FY2025-S4-897

JUD 897

Committee for Public Counsel Services

Ms. Moran, Messrs. Keenan, O'Connor, Cyr, Eldridge and Montigny, Ms. Edwards and Ms. Rausch moved that the proposed new text be amended in section 2, in item 0321-1500, by striking out the figure “$86,828,810” and inserting in place thereof the following figure:- “$89,000,000”.

Budget Amendment ID: FY2025-S4-898

JUD 898

CPCS Private Counsel

Ms. Moran, Messrs. Keenan and O'Connor, Ms. Edwards, Mr. Montigny and Ms. Rausch moved that the proposed new text be amended in section 2, in item 0321-1510, by striking out the figure “$214,378,853” and inserting in place thereof the following figure:- “$215,000,000”.

Budget Amendment ID: FY2025-S4-899

JUD 899

MOPC Community Mediation Center Grant Program

Mr. Mark and Ms. Edwards moved that the proposed new text be amended in section 2, in item 7100-0700, by striking out the figure “$3,013,465” and inserting in place thereof the figure “$3,213,465”.

Budget Amendment ID: FY2025-S4-900

JUD 900

Juvenile Court Clinics

Ms. Lovely and Messrs. Eldridge, Keenan, Gomez and Crighton moved that the proposed new text be amended in section 2, by striking out item 5055-0000 and inserting in place thereof the following item:-

"5055-0000 For forensic services provided by the department of mental health, provided, that not less than $1,500,000 above the amount expended in the previous fiscal year shall be expended for juvenile court clinics..................$18,590,093".

Budget Amendment ID: FY2025-S4-901

JUD 901

Ensuring Domestic Violence Victims' Protections for all Employees in the Commonwealth

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

"SECTION X. Chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 52E the following section:-

Section 52F: Leave from work when a contract worker has been victim of abusive behavior

(a) For purposes of this section, the following words shall have the following meanings, unless the context clearly indicates otherwise:

''Abuse'', (i) attempting to cause or causing physical harm; (ii) placing another in fear of imminent serious physical harm; (iii) causing another to engage involuntarily in sexual relations by force, threat or duress or engaging or threatening to engage in sexual activity with a dependent child; (iv) engaging in mental abuse, which includes threats, intimidation or acts designed to induce terror; (v) depriving another of medical care, housing, food or other necessities of life; or (vi) restraining the liberty of another.

''Abusive behavior'', (i) any behavior constituting domestic violence, (ii) stalking in violation of section 43 of chapter 265, (iii) sexual assault, which shall include a violation of sections 13B, 13B1/2, 13B3/4, 13F, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 24B, 26D, 50 or 51 of chapter 265 or sections 3 or 35A of chapter 272 and (iv) kidnapping in violation of the third paragraph of section 26 of chapter 265.

“Client employers”, a business entity, regardless of its form, that obtains or is provided workers to perform labor or services within its usual course of business from a third party, which includes a staffing agency as defined by section 159C of chapter 149.

''Contract workers'', individuals who perform services for an employer but are not considered employees under section 148B of chapter 149 of the General Laws, including individuals who are contracted by client employers.

''Domestic violence'', abuse against a contract worker by: (i) a current or former spouse of the contract worker; (ii) a person with whom the contract worker shares a child in common; (iii) a person who is cohabitating with or has cohabitated with the contract worker; (iv) a person who is related by blood or marriage to the contract worker; or (v) a person with whom the contract worker has or had a dating or engagement relationship.

(b) A client employer shall permit a contract worker to take up to 15 days of leave from work in any 12 month period if:

(i) the contract worker is a victim of abusive behavior; and

(ii) the contract worker is using the leave from work to: seek or obtain medical attention, counseling, victim services or legal assistance; secure housing; obtain a protective order from a court; appear in court or before a grand jury; meet with a district attorney or other law enforcement official; or attend child custody proceedings or address other issues directly related to the abusive behavior against the contract worker.

The client employer shall have sole discretion to determine whether any leave taken under this section shall be paid or unpaid.

(c) Except in cases of imminent danger to the health or safety of a contract worker, a contract worker seeking leave from work under this section shall provide appropriate advance notice of the leave to the client employer as required by the client employer's leave policy.

If there is a threat of imminent danger to the health or safety of a contract worker, the contract worker shall not be required to provide advanced notice of leave; provided, however, that the contract worker shall notify the client employer within 3 workdays that the leave was taken or is being taken under this section. Such notification may be communicated to the client employer by the contract worker, a family member of the contract worker or the contract worker's counselor, social worker, health care worker, member of the clergy, shelter worker, legal advocate or other professional who has assisted the contract worker in addressing the effects of the abusive behavior on the contract worker.

If an unscheduled absence occurs, a client employer shall not take any negative action against the contract worker if the contract worker, within 30 days from the unauthorized absence or within 30 days from the last unauthorized absence in the instance of consecutive days of unauthorized absences, provides any of the documentation described in paragraphs (1) to (7), inclusive, of subsection (d).

(d) A client employer may require a contract worker to provide documentation evidencing that the contract worker has been a victim of abusive behavior and that the leave taken is consistent with the conditions of clauses (i) and (ii), inclusive, of subsection (b); provided, however, that a client employer shall not require a contract worker to show evidence of an arrest, conviction or other law enforcement documentation for such abusive behavior. A contract worker shall provide such documentation to the client employer within a reasonable period after the client employer requests documentation relative to the contract worker's absence. A contract worker shall satisfy this documentation requirement by providing any 1 of the following documents to the client employer.

(1) A protective order, order of equitable relief or other documentation issued by a court of competent jurisdiction as a result of abusive behavior against the contract worker.

(2) A document under the letterhead of the court, provider or public agency which the contract worker attended for the purposes of acquiring assistance as it relates to the abusive behavior against the contract worker.

(3) A police report or statement of a victim or witness provided to police, including a police incident report, documenting the abusive behavior complained of by the contract worker.

(4) Documentation that the perpetrator of the abusive behavior against the contract worker has: admitted to sufficient facts to support a finding of guilt of abusive behavior; or has been convicted of, or has been adjudicated a juvenile delinquent by reason of, any offense constituting abusive behavior and which is related to the abusive behavior that necessitated the leave under this section.

(5) Medical documentation of treatment as a result of the abusive behavior complained of by the contract worker.

(6) A sworn statement, signed under the penalties of perjury, provided by a counselor, social worker, health care worker, member of the clergy, shelter worker, legal advocate or other professional who has assisted the contract worker in addressing the effects of the abusive behavior.

(7) A sworn statement, signed under the penalties of perjury, from the contract worker attesting that the contract worker has been the victim of abusive behavior. Any documentation provided to a client employer under this section may be maintained by the client employer in the contract worker’s employment record but only for as long as required for the client employer to make a determination as to whether the contract worker is eligible for leave under this section.

(e) All information related to the contract worker’s leave under this section shall be kept confidential by the client employer and shall not be disclosed, except to the extent that disclosure is:

(i) requested or consented to, in writing, by the contract worker;

(ii) ordered to be released by a court of competent jurisdiction;

(iii) otherwise required by applicable federal or state law;

(iv) required in the course of an investigation authorized by law enforcement, including, but not limited to, an investigation by the attorney general; or

(v) necessary to protect the safety of the contract worker or others employed at the workplace.

(f) Any contract worker seeking leave under this section shall exhaust all annual or vacation leave, personal leave and sick leave available to the contract worker, prior to requesting or taking leave under this section, unless the client employer waives this requirement.

(g) No client employer shall coerce, interfere with, restrain or deny the exercise of, or any attempt to exercise, any rights provided under this section or to make leave requested or taken hereunder contingent upon whether or not the victim maintains contact with the alleged abuser.

(h) No client employer shall discharge or in any other manner discriminate against a contract worker for exercising the contract worker’s rights under this section. The taking of leave under this section shall not result in the loss of any employment benefit accrued prior to the date on which the leave taken under this section commenced. Upon the contract worker’s return from such leave, the contract worker shall be entitled to restoration to the contract worker’s original job or to an equivalent position.

(i) The attorney general shall enforce this section and may seek injunctive relief or other equitable relief to enforce this section.

(j) Client employers shall notify each contract worker of the rights and responsibilities provided by this section including those related to notification requirements and confidentiality.

(k) This section shall not be construed to exempt a client employer from complying with chapter 258B, section 14B of chapter 268 or any other general or special law or to limit the rights of any contract worker under said chapter 258B, said section 14B of chapter 268 or any other general or special law.

(l) Any benefit received from this section shall not be considered relevant in any criminal or civil proceeding as it relates to the alleged abuse unless, after a hearing, a justice of the district, superior or probate court determines that such benefit is relevant to the allegations.”

Budget Amendment ID: FY2025-S4-901-R1

Redraft JUD 901

Ensuring Domestic Violence Victims' Protections for all Employees in the Commonwealth

Messrs. Fattman, Tarr and O'Connor moved that the proposed new text be amended by inserting after section 69 the following section:-

“SECTION 69A. Section 52E of said chapter 149, as so appearing, is hereby amended by inserting after the definition of “Abusive behavior” the following 2 definitions:-

“Client employer”, a business entity that obtains or is provided workers to perform labor or services within its usual course of business from a third party, including, but not limited to, a staffing agency as defined in section 159C.

“Contract worker”, an individual who performs services for a client employer but is not considered an employee under section 148B, including individuals who are contracted for work by client employers.

SECTION 69B. Said section 52E of said chapter 149, as so appearing, is hereby further amended by striking out, in line 36, the words “An employer shall permit an employee” and inserting in place thereof the following words:- An employer or a client employer shall permit an employee or a contract worker.”.

Budget Amendment ID: FY2025-S4-902

JUD 902

Monthly Legislative Reporting for Emergency Rental Assistance

Ms. Lovely moved that the proposed new text be amended by inserting after section ___ the following section:-

"SECTION__. Section 15 (c) of Chapter 239 of the General Laws as most recently amended by Chapter 28 of the ACTS of 2023, is hereby amended by adding after subsection (iv) (b), the following:- 'and the number of times each such case was continued due to a pending application or applications;'."

Budget Amendment ID: FY2025-S4-903

JUD 903

MLAC Civil Legal Aid

Mr. Eldridge, Ms. Creem, Ms. Rausch, Messrs. Cronin, Gomez, Feeney, Velis, Payano, Mark, Pacheco and Keenan, Ms. Moran, Mr. Montigny, Ms. Edwards, Ms. Jehlen, Ms. Miranda and Mr. Oliveira moved that the proposed new text be amended in section 2, in item 0321-1600, by striking out the figure "$49,000,000" and inserting in place thereof the following figure:- "$55,000,000".

Budget Amendment ID: FY2025-S4-905

JUD 905

Board of Bar Examiners

Messrs. Timilty, Eldridge and O'Connor moved that the proposed new text be amended in section 2, in item 0321-0100, by striking out the figure "$2,226,234" and inserting in place thereof the following figure:- "$2,464,119"

Budget Amendment ID: FY2025-S4-906

JUD 906

Housing Assistance for People in Reentry

", and for nonprofit re-entry programs serving participants returning to the community from any county correctional facility and/or state prison";

and by inserting after the word "appropriated" the following words:- ", prior appropriation continued;" and by striking out the figure "$3,000,000" and inserting in place thereof the following figure:- "$9,000,000."

Budget Amendment ID: FY2025-S4-906-R1

Redraft JUD 906

Housing Assistance for People in Reentry

Messrs. Gomez and Brownsberger, Ms. Miranda, Messrs. Eldridge, Payano, Collins and Lewis, Ms. Jehlen, Ms. Edwards and Mr. Feeney moved that the proposed new text be amended in section 2, in item 7004-9034, by inserting after the figure "8900-1100" the following words:- " and nonprofit re-entry programs serving participants returning to the community from a county correctional facility or state prison"; and by adding the following words:- “, prior appropriation continued”.

Budget Amendment ID: FY2025-S4-909

JUD 909

Mental Health Legal Advisors

Messrs. Eldridge, Keenan, Timilty, O'Connor and Montigny moved that the proposed new text be amended in section 2, in item 0321-2000, by striking out the figure “$3,132,657” and inserting in place thereof the following figure: - “$3,579,901”.

Budget Amendment ID: FY2025-S4-911

JUD 911

Prisoners' Legal Services

Messrs. Keenan and Eldridge, Ms. Jehlen and Messrs. Gomez and O'Connor moved that the proposed new text be amended in section 2, in item 0321-2100, by striking out the figure "$3,011,146" and inserting in place thereof the following figure:- "$3,207,964".

Budget Amendment ID: FY2025-S4-912

JUD 912

Relative to hate crimes

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

"SECTION_. Section 39 of Chapter 265 as appearing in the 2020 official edition is hereby amended by striking in line 5 the word "five" and inserting in place thereof the following:-'ten'

Section _. Said section 39 of chapter 265 as appearing in the 2020 official edition is hereby amended by striking in line 7 the words:-"two and one-half years" and inserting in place thereof the following:-'five'

Section _. Said section 39 of chapter 265 as appearing in the 2020 official edition is hereby amended by striking in line 19 the word:-'ten' and inserting in place thereof the following:-"twenty"

Section _. Said section 39 of chapter 265 as appearing in the 2020 official edition is hereby amended by striking in line 20 the word:- 'five' and inserting in place thereof the following:-'ten'

Section _. Said section 39 of chapter 265 as appearing in the 2020 official edition is hereby amended by striking in line 31 the word:- 'one' and inserting in place thereof the following:-'two'

Budget Amendment ID: FY2025-S4-913

JUD 913

Supreme Judicial Court

Mr. Eldridge moved that the proposed new text be amended in section 2, in item 0320-0003, by striking out the figure “$11,536,050” and inserting in place thereof the figure: - “$11,956,282”.

Budget Amendment ID: FY2025-S4-915

JUD 915

CPCS Private Bar Rates

Messrs. Eldridge and Keenan moved that the proposed new text be amended by inserting after section ____ the following section:-

SECTION ___. Subsection (a) of section 11 of chapter 211D of the General Laws is hereby amended by striking out the figure “$120”, inserted by section 59 of chapter 24 of the acts of 2021, and inserting in place thereof the following figure:- $124.

SECTION __. Said subsection (a) of said section 11 of said chapter 211D is hereby further amended by striking out the figure “$85”, inserted by section 60 of said chapter 24, and inserting in place thereof the following figure:- $89.

SECTION __. Said subsection (a) of said section 11 of said chapter 211D is hereby further amended by striking out the figure “$65”, inserted by section 61 of said chapter 24, and inserting in place thereof the following figure:- $70.

SECTION __. Said subsection (a) of said section 11 of said chapter 211D is hereby further amended by striking out the figure “$85”, inserted by section 62 of said chapter 24, and inserting in place thereof the following figure:- $89.

SECTION __. Said subsection (a) of said section 11 of said chapter 211D is hereby further amended by striking out the figure “$65”, inserted by section 63 of said chapter 24, and inserting in place thereof the following figure:- $75.

Budget Amendment ID: FY2025-S4-916

JUD 916

Cape and Islands District Attorney's Office

Ms. Moran and Mr. Cyr moved that the proposed new text be amended in section 2, in item 0340-1000, by striking out the figure “$6,432,134” and inserting in place thereof the following figure:- “$6,852,133”.

Budget Amendment ID: FY2025-S4-917

JUD 917

District Attorney File Digitization

Ms. Moran moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following words:- “; provided further, that $100,000 shall be expended for the Cape Cod and Islands District Attorney’s office for file digitization”; and by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$200,000”.

Budget Amendment ID: FY2025-S4-917-R1

Redraft JUD 917

District Attorney File Digitization

Ms. Moran and Mr. Cyr moved that the proposed new text be amended in section 2, in item 8000-0313, by adding the following words:- “; provided further, that not less than $75,000 shall be expended for the Cape Cod and Islands District Attorney’s office for file digitization”; and by striking out the figure “$100,000” and inserting in place thereof the following figure:- “$175,000”.