Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1725 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. 283 FILED ON: 1/11/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1725
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Angelo J. Puppolo, Jr.
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 the Commonwealth’s right to appeal bail decisions.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Angelo J. Puppolo, Jr.12th Hampden1/10/2023Steven George Xiarhos5th Barnstable1/12/2023Brian M. Ashe2nd Hampden1/12/2023Michael J. Finn6th Hampden1/13/2023Marcus S. Vaughn9th Norfolk1/13/2023Bud L. Williams11th Hampden1/25/2023Kelly W. Pease4th Hampden1/25/2023 1 of 9
16	16	HOUSE DOCKET, NO. 283 FILED ON: 1/11/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1725
18	18	By Representative Puppolo of Springfield, a petition (accompanied by bill, House, No. 1725) of
19	19	Angelo J. Puppolo, Jr. and others relative to bail decision appeals. The Judiciary.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act relative to the Commonwealth’s right to appeal bail decisions.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Section 58 of Chapter 276, of the General Laws as appearing in the 2014
29	29	2Official Edition, is hereby amended by striking the sixth and seventh paragraphs and inserting in
30	30	3place thereof the following 4 paragraphs:--
31	31	4 A person aforesaid charged with an offense and not released on his personal recognizance
32	32	5without surety by a clerk or assistant clerk of the district court, a bail commissioner or master in
33	33	6chancery shall forthwith be brought before the next session of the district court for a review of
34	34	7the order to recognize in accordance with the standards set forth in the first paragraph of this
35	35	8section. The court shall provide as an explicit condition of release for any person admitted to bail
36	36	9pursuant to this section or Section 57 that should said person be charged with a crime during the
37	37	10period of his release, his bail may be revoked in accordance with this paragraph and the court
38	38	11shall enter in writing on the court docket that the person was so informed and the docket shall
39	39	12constitute prima facie evidence that the person was so informed. If a person is on release pending
40	40	13the adjudication of a prior charge, and the court before which the person is charged with 2 of 9
41	41	14committing a subsequent offense after a hearing at which the person shall have the right to be
42	42	15represented by counsel, finds probable cause to believe that the person has committed a crime
43	43	16during said period of release, the court shall then determine, in the exercise of its discretion,
44	44	17whether the release of said person will seriously endanger any person or the community. In
45	45	18making said determination, the court shall consider the gravity, nature and circumstances of the
46	46	19offenses charged, the person's record of convictions, if any, and whether said charges or
47	47	20convictions are for offenses involving the use or threat of physical force or violence against any
48	48	21 person, whether the person is on probation, parole or other release pending completion of
49	49	22sentence for any conviction, whether he is on release pending sentence or appeal for any
50	50	23conviction, the person's mental condition, and any illegal drug distribution or present drug
51	51	24dependency. If the court determines that the release of said person will seriously endanger any
52	52	25person or the community and that the detention of the person is necessary to reasonably assure
53	53	26the safety of any person or the community, the court may revoke bail on the prior charge and
54	54	27may order said person held without bail pending the adjudication of said prior charge, for a
55	55	28period not to exceed sixty days. The hearing shall be held upon the person's first appearance
56	56	29before the court before which the person is charged with committing an offense while on release
57	57	30pending adjudication of a prior charge, unless that person, or the attorney for the commonwealth,
58	58	31seeks
59	59	32 and the court allows, a continuance because a witness or document is not immediately
60	60	33available. Except for good cause, a continuance on motion of the person shall not exceed seven
61	61	34days and on motion of the attorney for the commonwealth may not exceed three business days.
62	62	35During such continuance, the person may be detained consistent with the provisions of this 3 of 9
63	63	36section. Said order shall state in writing the reasons therefor and shall be reviewed by the court
64	64	37upon the acquittal of the person, or the dismissal of, any of the cases
65	65	38 involved. A person so held shall be brought to trial as soon as reasonably possible.
66	66	39 A person aggrieved by the denial of a district court justice to admit him to bail on his
67	67	40personal recognizance without surety may petition the superior court for review of the order of
68	68	41the recognizance and the justice of the district court shall thereupon immediately notify such
69	69	42person of his right to file a petition for review in the superior court. The Commonwealth, with
70	70	43the approval of the District Attorney or the Attorney General, or his or her designee, may petition
71	71	44the superior court for a review of the order of the district court or the detaining authority
72	72	45admitting a person to bail on his personal recognizance without surety, or admitting a person to
73	73	46bail with or without surety. The Commonwealth's petition shall be filed no later than the next
74	74	47business day after the entry of the order of the district court or the detaining authority. The filing
75	75	48of a petition by the Commonwealth shall not stay the order of the district court admitting the
76	76	49person to bail on his personal recognizance without surety or admitting the person to bail with or
77	77	50without surety. The court shall inform the defendant that a petition by the Commonwealth may
78	78	51be filed, that if the Commonwealth files a petition and if the defendant is released on personal
79	79	52recognizance without surety or is released on bail with or without surety, he shall appear at the
80	80	53superior court for the hearing on the morning of the next business day following the filing of the
81	81	54Commonwealth's petition, and that failure to appear in the superior court could result in arrest or
82	82	55revocation of bail.
83	83	56 When a petition for review is filed in the district court or with the detaining authority
84	84	57subsequent to defendant’s district court appearance, the clerk of the district court or the detaining 4 of 9
85	85	58authority, as the case may be, shall immediately notify by telephone, or by writing delivered in
86	86	59hand or by facsimile or electronic transmission that same day, the clerk and probation officer of
87	87	60the district court, the defendant, the district attorney for the district in which the district court is
88	88	61located, the prosecuting officer, the defendant’s counsel, if any, and the clerk of courts of the
89	89	62county to which the petition is to be transmitted. The clerk of the district court, upon the filing of
90	90	63a petition for review, either in the district court or with the detaining authority, shall forthwith
91	91	64transmit the petition for review, a copy of the complaint and the record of the court, including the
92	92	65appearance of the attorney, if any is entered, and a summary of the court’s reasons for denying
93	93	66the release of the defendant on his personal recognizance without surety, or for releasing the
94	94	67defendant on his
95	95	68 personal recognizance without surety, or for setting bail in the amount determined, to the
96	96	69superior court for the county in which the district court is located, if a justice thereof is then
97	97	70sitting, or to the superior court of the nearest county in which a justice is then sitting; the
98	98	71probation officer of the district court shall transmit forthwith to the probation officer of the
99	99	72superior court, copies of all records of the probation office of said district court pertaining to the
100	100	73defendant, including the defendant’s record of prior convictions, if any, as
101	101	74 currently verified by inquiry of the commissioner of probation. The district court or the
102	102	75detaining authority, as the case may be, shall cause any defendant in its custody to be brought
103	103	76before the said superior court on the same day the petition shall have been filed, unless the
104	104	77district court or the detaining authority shall determine that such appearance and hearing on the
105	105	78petition cannot practically take place before the adjournment of the sitting of said superior court
106	106	79for that day and in which event, the defendant shall be caused to be 5 of 9
107	107	80 brought before said court for such hearing during the morning of the next business day of
108	108	81the sitting of said superior court. Where the Commonwealth has filed a petition for review and
109	109	82where the defendant has been released on personal recognizance without surety, or has posted
110	110	83bail and has been released from custody, the superior court shall order the defendant to appear
111	111	84before the court for review on the next business day following the filing of the Commonwealth's
112	112	85petition for review, and such hearing shall not be continued absent extraordinary circumstances.
113	113	86The district court is authorized to order any officer authorized to execute criminal process to
114	114	87transfer the defendant and any papers herein above described from the district court or the
115	115	88detaining authority to the superior court, and to coordinate the transfer of the defendant and the
116	116	89papers by such officer. The petition for review shall constitute authority in the person or officer
117	117	90having custody of the defendant to transport the defendant to said superior court without the
118	118	91issuance of any writ or other legal process, provided, however, that any district or superior court
119	119	92is authorized to issue a writ of habeas corpus for the appearance forthwith of the defendant
120	120	93before the superior court.
121	121	94 The superior court shall in accordance with the standards set forth in the first paragraph
122	122	95of this section, hear the petition for review as speedily as practicable and except for unusual
123	123	96circumstances, on the same day the petition is filed; provided, however, that the court may
124	124	97continue the hearing to the next business day if the required records and other necessary
125	125	98information are not available. If the Commonwealth files a petition and if the defendant is
126	126	99released on personal recognizance without surety or is released on bail with or without surety,
127	127	100absent extraordinary circumstances, the superior court shall hear the petition on the next business
128	128	101day following the filing of the Commonwealth's petition for review. The justices of the superior
129	129	102court may, after a hearing on the petition for review, order that the defendant be released on bail 6 of 9
130	130	103on his personal recognizance without surety, or, in his discretion, to reasonably assure the
131	131	104effective administration of justice, may make any other order of bail or recognizance, including
132	132	105increasing the amount of the recognizance or requiring sufficient surety, or both, or remand the
133	133	106defendant in accordance with the terms of the process by which he was ordered committed by the
134	134	107district court.
135	135	108 SECTION 2. Said Section 58 of said Chapter 276 of the General Laws, as so appearing,
136	136	109is hereby further amended by inserting after the word “review”, in line 299, the following words:
137	137	110-- "by either the defendant or the Commonwealth."
138	138	111 SECTION 3. Said Section 58A of said Chapter 276 of the General Laws, as so appearing,
139	139	112is hereby amended by striking clause 7, and inserting in place thereof the following clause:--
140	140	113 (7) A person aggrieved by the denial of a district court justice to admit him to bail on his
141	141	114personal recognizance without surety, or the
142	142	115 Commonwealth, with the approval of the District Attorney or the Attorney General, or
143	143	116his or her designee, may petition the superior court for a review of the order of the recognizance.
144	144	117The justice of the district court shall thereupon immediately notify the defendant and the
145	145	118Commonwealth of the right to file a petition for review in the superior court. The
146	146	119Commonwealth's petition shall be filed no later than the next business day after the entry of the
147	147	120order of the district court or the detaining authority. The filing of a petition by the
148	148	121Commonwealth shall not stay the order of the district court admitting the defendant to bail on his
149	149	122personal recognizance without surety or releasing the defendant on conditions as set forth in
150	150	123subsection (2). The court shall inform the defendant that a petition by the 7 of 9
151	151	124 Commonwealth may be filed, that if the Commonwealth files a petition and if the
152	152	125defendant is released, he shall appear at the superior court for the hearing on the morning of the
153	153	126next business day following the filing of the Commonwealth's petition, and that failure to appear
154	154	127could result in arrest or revocation of bail.
155	155	128 When a petition for review is filed in the district court or with the detaining authority
156	156	129subsequent to defendant's district court appearance, the clerk of the district court or the detaining
157	157	130authority, as the case may be, shall immediately notify by telephone, or by writing delivered in
158	158	131hand or by facsimile or electronic transmission that same day, the clerk and probation officer of
159	159	132the district court, the defendant, the district attorney for the district in which the district court is
160	160	133located, the prosecuting officer, the defendant's counsel, if any, and the clerk of courts of the
161	161	134county to which the petition is to be transmitted. The clerk of the district court, upon the filing of
162	162	135a petition for review, either in the district court or with the detaining authority, shall forthwith
163	163	136transmit the petition for review, a copy of the complaint and the record of the court, including the
164	164	137appearance of the attorney, if any is entered, and a summary of the court's reasons for the order
165	165	138on the Commonwealth's motion for an order of pretrial detention under subsection (2), to the
166	166	139superior court for the county in which the district court is located, if a justice thereof is then
167	167	140sitting, or to the superior court of the nearest county in which a justice is then sitting; the
168	168	141probation officer of the district court shall transmit forthwith to the probation officer of the
169	169	142superior court,
170	170	143 copies of all records of the probation office of said district court pertaining to the
171	171	144defendant, including the defendant's record of prior convictions, if any, as currently verified by
172	172	145inquiry of the commissioner of probation. The district court or the detaining authority, as the
173	173	146case may be, shall cause any defendant in its custody to be brought before the said superior court 8 of 9
174	174	147on the same day the petition shall have been filed, unless the district court or the detaining
175	175	148authority shall determine that such appearance and hearing on the petition cannot practically take
176	176	149place before the adjournment of the sitting of said superior court for that day and in which event,
177	177	150the defendant
178	178	151 shall be caused to be brought before said court for such hearing during the morning of the
179	179	152next business day of the sitting of said superior court. Where the Commonwealth petitions for
180	180	153review and where the district court has denied the Commonwealth's motion for an order of
181	181	154pretrial detention and has found that there are conditions of release that will reasonably assure
182	182	155the safety of any other individual or the community and the defendant has been released, or
183	183	156where the district court has released the defendant on personal
184	184	157 recognizance, the superior court shall order the defendant to appear before the court for
185	185	158review of the district court's decision on the next business day after the filing of the
186	186	159Commonwealth's petition for review, and such hearing shall not be continued absent
187	187	160extraordinary circumstances. The district court is authorized to order any officer authorized to
188	188	161execute criminal process to
189	189	162 transfer the defendant and any papers herein above described from the district court or the
190	190	163detaining authority to the superior court, and to coordinate the transfer of the defendant and the
191	191	164papers by such officer. The petition for review shall constitute authority in the person or officer
192	192	165having custody of the defendant to transport the defendant to said superior court without the
193	193	166issuance of any writ or other legal process; provided, however, that any district or superior court
194	194	167is authorized to issue a writ of habeas corpus for the appearance forthwith of the defendant
195	195	168before the superior court. 9 of 9
196	196	169 The superior court shall in accordance with the standards set forth in Section 58A, hear
197	197	170the petition for review under Section 58A as speedily as practicable and except for unusual
198	198	171circumstances, on the same day the petition is filed; provided, however, that the court may
199	199	172continue the hearing to the next business day if the required records and other necessary
200	200	173information are not available. Where the district court has denied the Commonwealth's motion
201	201	174for an order of pretrial detention and has found that there are conditions of release that will
202	202	175reasonably assure the safety of any other individual or the community and the defendant has
203	203	176been released, or
204	204	177 where the district court has released the defendant on personal recognizance without
205	205	178surety, the superior court shall hear the Commonwealth's petition for review on the next business
206	206	179day following the filing of the Commonwealth's petition for review. The justice of the superior
207	207	180court may, after a hearing on the petition for review, order that the petitioner be released on bail
208	208	181on his
209	209	182 personal recognizance without surety, or, in his discretion, to reasonably assure the
210	210	183effective administration of justice, make any other order of bail or recognizance, including the
211	211	184issuance of an order for pretrial detention, or remand the defendant in accordance with the terms
212	212	185of the process by which he was ordered committed by the district court.