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HOUSE DOCKET, NO. 2644 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1661
The Commonwealth of Massachusetts
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PRESENTED BY:
Christopher M. Markey
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying
resolve:
Resolve establishing a bail reform and pretrial treatment task force.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Christopher M. Markey9th Bristol1/19/2023 1 of 3
HOUSE DOCKET, NO. 2644 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1661
By Representative Markey of Dartmouth, a petition (accompanied by resolve, House, No. 1661)
of Christopher M. Markey for an investigation by special commission (including members of the
General Court) to study the legal and regulatory framework governing the bail system. The
Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1778 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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Resolve establishing a bail reform and pretrial treatment task force.
1 Resolved, There shall be established, pursuant to section 2A of Chapter 4 of the General
2Laws as appearing in the 2020 Official Edition, a special legislative commission known as the
3Task Force on Bail Reform and Pretrial Treatment. The task force shall consist of the following
412 members: the governor or his designee; the speaker of the house of representatives or his
5designee; the senate president or her designee; a member of the house of representatives
6appointed by the minority leader of the house of representatives; a member of the senate
7appointed by the minority leader of the senate; the attorney general or her designee;
8commissioner of probation or designee; president of the Massachusetts District Attorney
9Association or designee; president of the Massachusetts Sheriffs Association or a designee;
10executive director of Prisoners’ Legal Services or her designee; Chief Justice of the
11Massachusetts Trial Court; a designee appointed by the Bureau of Substance Addiction Services 2 of 3
12of the Department of Public Health; chief counsel from Committee for Public Counsel Services;
13and president of the Massachusetts Bar Association or a designee.
14 The task force shall conduct an investigation and study the existing legal and regulatory
15framework of governing current bail system and use of pretrial hearings and treatments including
16the pretrial release and detention system in the Commonwealth. Further, the task force shall
17review the feasibility of a cashless bail system while considering, but not limited to, the
18following guiding principles: pretrial custody should not occur solely because the defendant
19cannot afford bail; public safety is a fundamental consideration in the pretrial detention
20decisions; defendants should be released from pretrial custody as early as possible based on an
21assessment of the risk to public safety and the risk of failing to appear in court; non-financial
22release alternatives should be available; consistent practices for making pretrial release,
23detention, and supervision decisions should be established. Further, the task force shall consider
24the use and breadth of “dangerousness hearings” as defined in Section 58A of Chapter 276 as
25appearing in the 2016 Official Edition, including but not limited to the ability to hold individuals
26considered to be a serious danger past the current 120 day holding period limit, limiting hearsay
27in said hearings, and consider testing such as mental health screenings, alcohol or drug abuse
28evaluation or any other methods deemed necessary to order medical, psychological, or
29psychiatric treatment, including treatment for substance or alcohol use disorder. The task force
30shall also consider any other aspects of bail reform or pretrial services as it sees fit.
31 The task force shall file a report with the governor, the president of the senate and
32speaker of the house of representatives regarding the results of its investigation and study within
33twelve months of the formulation of the task force. The report shall include: (i) an assessment of
34the current legal and regulatory structures of the bail system in the Commonwealth as well as the 3 of 3
35treatment of individuals in the pretrial setting; (ii) recommendations for amendments to any
36current law, rule, or regulation; and (iii) recommendations for legislation, if any, which shall be
37filed with the clerks of the house of representatives and senate.