Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1684 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 867 FILED ON: 1/17/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1684
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Frank A. Moran and Kate Lipper-Garabedian
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to community corrections.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Frank A. Moran17th Essex1/17/2023Kate Lipper-Garabedian32nd Middlesex1/17/2023James K. Hawkins2nd Bristol1/27/2023Estela A. Reyes4th Essex2/8/2023 1 of 9
16	16	HOUSE DOCKET, NO. 867 FILED ON: 1/17/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1684
18	18	By Representatives Moran of Lawrence and Lipper-Garabedian of Melrose, a petition
19	19	(accompanied by bill, House, No. 1684) of Frank A. Moran, Kate Lipper-Garabedian and others
20	20	relative to community corrections. The Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to community corrections.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 211F of the General Laws, as appearing in the 2016 Official
30	30	2Edition, is hereby stricken and inserting in place thereof the following:-
31	31	3 § 1. Definitions
32	32	4 The following terms as used in this chapter shall have the following meanings:
33	33	5 “Commissioner”, the commissioner of probation.
34	34	6 “Community justice program”, any program or service that is operated by a state, local or
35	35	7private service agency, that has been deemed an appropriate provider of services by the office of
36	36	8community justice programs including, but not limited to, intensive supervision with treatment,
37	37	9community service, pretrial services programs, reentry services programs, programs designed as
38	38	10an alternative to jail or prison, and any other program or service as the commissioner may so 2 of 9
39	39	11direct; provided, however, that pretrial and reentry services programs shall each be a separate
40	40	12track of programming from intensive supervision with treatment as defined herein.
41	41	13 “Community justice plan”, a written proposal submitted to the executive director of the
42	42	14office of community justice programs for approval and funding as a community justice program.
43	43	15 “Executive director”, the executive director of the office of community justice programs.
44	44	16 “Intensive supervision with treatment”, as determined by the office of community justice
45	45	17programs, a community justice program that provides a combination of interventions, including
46	46	18treatment, services and accountability measures for persons assessed to be at moderate or higher
47	47	19risk for recidivism.
48	48	20 § 2. Office of community justice programs; executive director
49	49	21 (a) There is hereby established subject to appropriation within the office of the
50	50	22commissioner of probation an office of community justice programs, which shall be used for any
51	51	23criminal justice purpose as determined by the commissioner, and shall establish a continuum of
52	52	24community justice programs statewide.
53	53	25 (b) The executive director of the office of community justice programs shall be appointed
54	54	26by the commissioner to establish, oversee and operate a statewide continuum of community
55	55	27justice programs.
56	56	28 (c) The executive director shall operate subject to the direction and approval of the
57	57	29commissioner. The office shall, to the extent practicable, utilize existing resources of the office
58	58	30of court management for the purpose of avoiding unnecessary duplication.
59	59	31 § 3 Sentence to intensive supervision with treatment; conditions; eligibility 3 of 9
60	60	32 (a) Any court exercising jurisdiction is authorized to sentence any eligible person to
61	61	33intensive supervision with treatment.
62	62	34 (b) A sentence to intensive supervision with treatment shall be imposed as a condition of
63	63	35probation consistent with chapters 276 and 276A. The court may modify the sentence of a person
64	64	36subject to intensive supervision with treatment in the same manner as if the person had been
65	65	37placed on probation.
66	66	38 (c) The commissioner shall develop guidelines for the eligibility of persons for intensive
67	67	39supervision with treatment.
68	68	40 (d) No person shall be sentenced to intensive supervision with treatment in lieu of a
69	69	41mandatory minimum term of incarceration set by statute.
70	70	42
71	71	43 § 3A. Participation in a pretrial services program in lieu of bail or as condition of release
72	72	44 (a) Participation in a pretrial services program may be ordered by the court, in lieu of bail
73	73	45or as a condition of release consistent with sections 57, 58 and 58A of chapter 276. The court
74	74	46may dictate the duration and conditions of the pretrial services program. Any conditions should
75	75	47be imposed to ensure return of the defendant to court or, where permitted by law, to assure the
76	76	48safety of any person or the community.
77	77	49 (b) The Massachusetts probation service may utilize pretrial services programs for
78	78	50pretrial supervision consistent with sections 87 and 87A of chapter 276, upon agreement by the
79	79	51person before the court who is charged with an offense or crime. 4 of 9
80	80	52 (c) If the sheriff who has custody of a person held on bail under section 57 or 58 of
81	81	53chapter 276 determines that the person would benefit from entering a pretrial services program,
82	82	54the sheriff shall provide a written recommendation of such determination to the court, the
83	83	55commissioner, the prosecuting office and the person or the person’s attorney, where applicable.
84	84	56The prosecuting office may notify any victim of the sheriff’s recommendation upon receipt of
85	85	57such recommendation. If the commissioner or the prosecuting office objects to such
86	86	58recommendation, the commissioner or prosecuting office shall file written objection with the
87	87	59court within 14 days of receipt of such notice. Upon receipt of such objection, the court may set
88	88	60the matter for hearing. After expiration of the time for filing objections and after hearing, if
89	89	61applicable, the court shall either decline to modify its earlier bail order or make an order under
90	90	62subsection (a) of this section authorizing the person’s participation in a pretrial services program.
91	91	63In no event shall the person held on bail be ordered under this paragraph to enter a pretrial
92	92	64services program without that person’s consent.
93	93	65 (d) Placement of a person in a pretrial services program shall require victim notification
94	94	66as required under subsection (t) of section 3 of chapter 258B.
95	95	67 § 3B. Utilization of programs developed by the office of community justice programs for
96	96	68persons not sentenced to intensive supervision with treatment under Sec. 3
97	97	69 (a) For any person sentenced to probation supervision who has not been sentenced to
98	98	70intensive supervision with treatment under section 3, the probation department may utilize
99	99	71programs and services offered by the office of community justice programs: (i) for participation
100	100	72in court-ordered programming where such programming is available through the office of
101	101	73community justice programs; or (ii) upon agreement by the person so sentenced. 5 of 9
102	102	74 (b) The use of programs and services under subsection (a) of section 3B of this chapter
103	103	75shall not operate as intensive supervision with treatment as defined in section 1.
104	104	76 § 3C. Utilization of programs developed by the office of community justice programs for
105	105	77reentry and other criminal justice involved persons
106	106	78 (a) The office of community justice programs may provide reentry services programs,
107	107	79which shall not operate as intensive supervision with treatment as defined in section 1 of this
108	108	80chapter, to any person released from incarceration including, but not limited to, any probationer
109	109	81or parolee.
110	110	82 (b) Any person who has previously been sentenced to probation supervision, even if that
111	111	83person is no longer being supervised by the Massachusetts probation service, may utilize
112	112	84programs and services offered by the office of community justice programs. The use of programs
113	113	85and services under this section shall not operate as intensive supervision with treatment as
114	114	86defined in section 1.
115	115	87
116	116	88 § 4. Community justice plans
117	117	89 (a) The executive director is hereby authorized and directed to develop and implement
118	118	90standards for a contracting process for community justice plans, as follows:
119	119	91 (1) A community justice plan shall include:
120	120	92 (A) the type of programs and services offered such as, intensive supervision with
121	121	93treatment, pretrial services or reentry services and the interventions to be made therein, such as
122	122	94cognitive behavioral therapy, employment counseling, educational support, etc. 6 of 9
123	123	95 (B) a description of the administrative, capital and operating costs of the programs;
124	124	96 (C) a description of methods by which the state, local or private service agency shall
125	125	97implement the community justice program with fidelity to evidence-based practices;
126	126	98 (D) a description of the knowledge, skill and experience of the state, local or private
127	127	99service agency in the fields of criminal justice, human services and social sciences.
128	128	100 (2) Subject to appropriation, the executive director shall select plans for funding. All
129	129	101contracts shall provide that the executive director may suspend funding or may assume
130	130	102administrative responsibility for any community justice programs not in compliance with
131	131	103standards, or if the public safety is threatened. The executive director shall separately contract to
132	132	104provide specialized, age-appropriate reentry services for emerging adults (18-25 years old),
133	133	105released from incarceration including, but not limited to, any probationer or parolee.
134	134	106 (3) The executive director shall monitor programs for compliance with the goals of this
135	135	107chapter, and shall provide technical assistance, training and education to providers in developing
136	136	108and operating community justice programs.
137	137	109 (b) Subject to an agreement between the commissioner and the secretary of public safety
138	138	110and subject to appropriation, the resources of community justice programs shall be utilized by
139	139	111the parole board for the purpose of parole supervision and the department of correction for the
140	140	112purpose of reentry.
141	141	113
142	142	114 § 5. Annual report 7 of 9
143	143	115 The commissioner shall submit an annual report no later than January 15 of each year,
144	144	116commencing January 15, 2025, to the governor, the joint committees on the judiciary, mental
145	145	117health, substance use and recovery, public health and public safety and homeland security and
146	146	118the clerks of the house of representatives and the senate. The report shall include but shall not be
147	147	119limited to the following information:
148	148	120 (1) a statistical report of the utilization of community justice programs, including a list of
149	149	121all community justice programs operated under the office of community justice programs;
150	150	122 (2) the effectiveness of the office of community justice programs in reducing prison
151	151	123commitments, reducing pretrial detention and increasing the court appearance rate and the
152	152	124metrics used to evaluate said effectiveness;
153	153	125 (3) fiscal audits on the expenditure of state funds;
154	154	126 (4) the results of any investigations into community justice program noncompliance with
155	155	127community justice plans;
156	156	128 (4) any other relevant information or recommendations provided by the commissioner.
157	157	129 SECTION 2: Section 57 of chapter 276 of the General Laws, as amended by chapter 69
158	158	130of the Acts of 2018, is hereby amended by striking out the last paragraph and inserting in place
159	159	131thereof the following paragraph:- Participation in intensive supervision with treatment pursuant
160	160	132to chapter 211F as pretrial treatment may be ordered by the court, in lieu of bail, or as a
161	161	133condition of release; provided, however, that the defendant shall consent to such participation.
162	162	134The following shall not be admissible against the person in any proceedings: (i) a request to
163	163	135engage in a pretrial treatment program; (ii) a decision not to enter a pretrial treatment program; 8 of 9
164	164	136(iii) any statement made by the person during the course of a pretrial treatment program
165	165	137assessment. A statement or other disclosure or a record thereof made by a person during the
166	166	138course of a pretrial treatment program assessment shall not be disclosed at any time to the
167	167	139commonwealth or other law enforcement officer in connection with the investigation or
168	168	140prosecution of any charges against the person or a codefendant.
169	169	141 SECTION 3:Section 58 of chapter 276 of the General Laws, as amended by chapter 69 of
170	170	142the Acts of 2018, is hereby amended by striking out the last paragraph and inserting in place
171	171	143thereof the following paragraph:- Participation in intensive supervision with treatment pursuant
172	172	144to chapter 211F as pretrial treatment may be ordered by the court, in lieu of bail, or as a
173	173	145condition of release; provided, however, that the defendant shall consent to such participation.
174	174	146The following shall not be admissible against the person in any proceedings: (i) a request to
175	175	147engage in a pretrial treatment program; (ii) a decision not to enter a pretrial treatment program;
176	176	148(iii) any statement made by the person during the course of a pretrial treatment program
177	177	149assessment. A statement or other disclosure or a record thereof made by a person during the
178	178	150course of a pretrial treatment program assessment shall not be disclosed at any time to the
179	179	151commonwealth or other law enforcement officer in connection with the investigation or
180	180	152prosecution of any charges against the person or a codefendant.
181	181	153 SECTION 4:Section 58A of chapter 276 of the General Laws, as amended by chapter 69
182	182	154of the Acts of 2018, is hereby amended by striking out, in lines 94-97 the following words
183	183	155“Participation in a community corrections program pursuant to chapter 211F may be ordered by
184	184	156the court or as a condition of release; provided, however, that the defendant shall consent to such
185	185	157participation” and by inserting in place thereof:- Participation in intensive supervision with
186	186	158treatment pursuant to chapter 211F as pretrial treatment may be ordered by the court, in lieu of 9 of 9
187	187	159bail, or as a condition of release; provided, however, that the defendant shall consent to such
188	188	160participation. The following shall not be admissible against the person in any proceedings: (i) a
189	189	161request to engage in a pretrial treatment program; (ii) a decision not to enter a pretrial treatment
190	190	162program; (iii) any statement made by the person during the course of a pretrial treatment
191	191	163program assessment. A statement or other disclosure or a record thereof made by a person during
192	192	164the course of a pretrial treatment program assessment shall not be disclosed at any time to the
193	193	165commonwealth or other law enforcement officer in connection with the investigation or
194	194	166prosecution of any charges against the person or a codefendant.