HOUSE . . . . . . . . No. 4353
The Commonwealth of Massachusetts
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HOUSE OF REPRESENTATIVES, February 12, 2024.
The committee on The Judiciary, to whom were referred the petition
(accompanied by bill, Senate, No. 915) of William N. Brownsberger for
legislation relative to indigency, and the petition (accompanied by bill,
House, No. 1561) of Daniel J. Hunt for legislation relative to indigency,
reports recommending that the accompanying bill (House, No. 4353)
ought to pass.
For the committee,
MICHAEL S. DAY. 1 of 3
FILED ON: 2/5/2024
HOUSE . . . . . . . . . . . . . . . No. 4353
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act related to indigency.
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. Section 27A of chapter 261 of the General Laws as appearing in the 2022
2Official Edition is hereby amended by striking out the definition of “indigent” and inserting in
3place thereof the following definition:-
4 ''Indigent'', (a) a person who receives one of the following types of public assistance:
5transitional aid to families with dependent children, emergency aid to elderly, disabled and
6children, supplemental nutrition assistance program benefits, refugee cash assistance, need-
7based veterans' benefits or SSI state supplemental program benefits; (b) a person whose income,
8after taxes, is 125 per cent or less of the current poverty guidelines established annually by the
9Department of Health and Human Services pursuant to Section 673(2) of the Omnibus Budget
10Reconciliation Act of 1981 (42 U.S.C. 9902(2)), as amended; or (c) a person who is unable to
11pay the fees and costs of the proceeding in which they are involved or is unable to do so without
12depriving themselves or their dependents of the necessities of life, including food, shelter and
13clothing, but an inmate shall not be adjudged indigent pursuant to section 27C unless the inmate 2 of 3
14has complied with the procedures set forth in section 29 and the court finds that the prisoner is
15incapable of making payments under the plans set forth in said section 29.
16 SECTION 2. Section 2A of Chapter 211D, as so appearing, is hereby amended by
17striking out the second paragraph of subsection (c) and inserting in place thereof the following
18paragraph:
19 Any time the court receives information causing its determination of a person’s indigency
20status to be in doubt, the court shall order the chief probation officer or the officer's designee to
21reassess the financial circumstances of the person to ensure that the person meets the definition
22of indigency. The chief probation officer or the officer's designee shall prepare, sign and file a
23written report certifying that the person meets, or does not meet, the definition of indigency.
24 SECTION 3. Said section 2A of said chapter 211D, as so appearing, is hereby further
25amended by striking, in lines 87-89, the words “, other than the bi-annual reassessments required
26by the defendant’s representation for the first offense,”
27 SECTION 4. Said section 2A of said chapter 211D, as so appearing, is further amended
28by striking out subsections (f), (g) and (h).
29 SECTION 5. Said section 2A of said chapter 211D, as so appearing, is hereby further
30amended by striking out subsection (i) and inserting in place thereof the following subsection:-
31 (i)The office of the commissioner of probations hall submit quarterly reports to the
32house and senate committees on ways and means that shall include, but not be limited to: (a) the
33number of individuals claiming indigency who are determined to be indigent; (b) the number of
34individuals claiming indigency who are determined not to be indigent; (c ) the number of 3 of 3
35individuals found to have misrepresented wage, tax or asset information; (d) the number of
36individuals found to no longer qualify for appointment of counsel upon any re-assessment of
37indigency required by this section; and (e) other pertinent information to ascertain the
38effectiveness of indigency verification procedures. The information within such reports shall be
39delineated by court division and delineated further by month.