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