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General Laws

Section 8. The office of the commissioner shall, in its discretion, certify, monitor and aid all programs to which defendants may be diverted pursuant to this chapter. The certification of programs shall be subject to the approval of the presiding justice of the individual court which would be the beneficiary of such services. The office of the commissioner shall, in its discretion, (a) issue for a term of two years, and may renew for like terms, a certification, subject to revocation for cause, to any person, partnership, corporation, society, association or other agency or entity of any kind, other than a licensed general hospital or a department, agency or institution of the federal government, the commonwealth or any political subdivision thereof, deemed to be responsible and suitable to establish and maintain such a program and to meet applicable certification standards and requirements; and in the case of a department, agency or institution of the commonwealth or any political subdivision thereof, grant approval to establish and maintain a program for a term of two years, and may renew such approval for like terms, subject to revocation for cause; (b) promulgate, in consultation with the advisory board established in section nine, rules and regulations establishing certification and approval standards and requirements; (c) establish limits for caseloads and enrollment so that programs are able to provide high quality intensive individualized service to those defendants participating in such programs; (d) procure, where appropriate, by contract, the personnel, facilities, services, and materials necessary to carry out the purposes of this act, subject to all applicable laws and regulations; (e) prepare reports for said advisory board showing the progress of all programs in fulfilling the purposes set forth; (f) notify the appropriate presiding justice of the individual court that adequate facilities and personnel are available to fulfill a plan of community supervision and services for that court; (g) provide technical assistance to such program as may be certified hereunder; (h) provide for the audit of any funds expended by the office for the support of programs certified hereunder; (i) promote the cooperation of all agencies which provide education, training, counseling, legal, employment, or other services to assure that eligible individuals released to programs may benefit to the maximum extent practicable; (j) prepare and submit an annual report to the chief justices of the supreme judicial, appeals, superior and district courts and to all justices in the district court system evaluating the performance of all programs.

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