Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1099 Compare Versions

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

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2	2	SENATE DOCKET, NO. 2215 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1099
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Patrick M. O'Connor
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 to protect survivors of domestic violence.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Patrick M. O'ConnorFirst Plymouth and NorfolkSteven George Xiarhos5th Barnstable3/9/2023 1 of 8
16	16	SENATE DOCKET, NO. 2215 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1099
18	18	By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1099) of Patrick M. O'Connor
19	19	and Steven George Xiarhos for legislation to protect survivors of domestic violence. The
20	20	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 to protect survivors of domestic violence.
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. Notwithstanding any general or special law to the contrary, there shall be
30	30	2established a special commission to study the Commonwealth’s response to and resources for
31	31	3victims of domestic violence and sexual assault.
32	32	4 (a) The commission shall be comprised of the following members: the commissioner of
33	33	5probation; the director of the juvenile court probation department; the director of the probate and
34	34	6family court probation department; the director of the office of community corrections; the
35	35	7director of the electronic monitoring center; the executive director of the governor’s council to
36	36	8address sexual assault and domestic violence; an assistant attorney general to be appointed by the
37	37	9attorney general; the secretary of the executive office of public safety and security; the director
38	38	10of the Massachusetts office for victim assistance; two SAFEPLAN advocates to be appointed by
39	39	11the director of the Massachusetts office for victim assistance; the director of Jane Doe Inc. of
40	40	12Boston; the director of New Hope, Inc. of Attleboro; the director of the South Shore Resource 2 of 8
41	41	13and Advocacy Center; the director of the Massachusetts intimate partner abuse education
42	42	14program; a law enforcement officer with experience in domestic violence and sexual assault
43	43	15cases to be appointed by the governor; the head of the domestic violence unit within the Boston
44	44	16police department; and two survivors of domestic abuse to be appointed by the governor. The
45	45	17board shall be chaired by the director of the Massachusetts office for victim assistance. Each
46	46	18such member may appoint a designee to serve in the member's place.
47	47	19 (b) The commission shall analyze current resource offerings to victims of domestic
48	48	20violence and sexual assault; study the efficiency of state departments in maintaining victim
49	49	21safety, including but not limited to probation departments; consider ways to provide robust
50	50	22opportunities for victim and community engagement, ongoing analysis, and oversight of
51	51	23probation department policies, practices, and procedures; analyze income-based privileges and
52	52	24disadvantages for victims in participating with probation proceedings; consider ways to ensure
53	53	25that victims are part of the probation process while holding offenders accountable and
54	54	26simultaneously reducing the rates of recidivism; analyze probation violation reporting advisories
55	55	27and other written resources and whether they are helpful, understandable, and effective for
56	56	28victims; and determine the feasibility of a complaint communication tool for victims to report
57	57	29probation officer misconduct.
58	58	30 (c) The first meeting of the commission shall take place no later than December 1, 2023
59	59	31and shall be organized by the director of the Massachusetts office for victim assistance.
60	60	32 (d) The commission shall produce a report of their findings and analysis along with any
61	61	33recommendations for legislation to the Clerks of the House and Senate and the chairs of the Joint
62	62	34Committee on the Judiciary no later than December 1, 2024. 3 of 8
63	63	35 SECTION 2. Chapter 276 of the general laws, as so appearing, is hereby amended by
64	64	36inserting the following new section:-
65	65	37 “Section 99C. Domestic violence and sexual assault probation unit
66	66	38 There shall be established in the superior court department, the Boston municipal court
67	67	39department, and divisions of the probate and family and district court departments a domestic
68	68	40violence and sexual assault probation unit within the court’s probation department. For the
69	69	41purposes of this section, the word “victim” shall mean a complainant that has filed a complaint
70	70	42under chapter 209A. For the purposes of this section, the word “unit” shall mean the domestic
71	71	43violence and sexual assault probation unit. The unit shall consist of:
72	72	44 (a) a domestic violence and sexual assault victim advocate who shall be stationed in the
73	73	45probation department and employed by an external non-profit organization whose mission
74	74	46includes but is not limited to advocating for victims of domestic violence and sexual assault by
75	75	47way of prevention and intervention services, receiving and handling victim complaints against
76	76	48probation officers, raising public awareness, and promoting safety and justice. The victim
77	77	49advocate shall act as the primary liaison between a victim that has filed a complaint and
78	78	50probation officers assigned to the victim’s open case. The victim advocate shall notify victims of
79	79	51any scheduled proceedings pursuant to the victim’s complaint, their rights in the probation
80	80	52process as established in the Victims Bill of Rights in Section 3 of Chapter 258B of the General
81	81	53Laws, as amended by this act, as well as the contact information of the probation officer assigned
82	82	54to the respondent of the victim’s complaint. The victim advocate shall interact with certified
83	83	55batterer’s treatment programs if the respondent is so enrolled to obtain current information to
84	84	56provide associated probation officers. The victim advocate shall compile and maintain pertinent 4 of 8
85	85	57information as to the victim and their complaint, including but not limited to victim contact with
86	86	58release risk assessments, police reports relating to arrests and non-arrests, board of probation
87	87	59record, the interstate identification index, restraining orders and affidavits, victim statements,
88	88	60medical reports and photographs evidencing injury, and reports from certified batterer’s
89	89	61treatment programs.
90	90	62 (b) probation officers as established in section 83 of chapter 276 of the general laws who
91	91	63shall exclusively be assigned to cases and complaints involving domestic violence and sexual
92	92	64assault. Probation officers within the unit shall be assigned to an offender or respondent to a
93	93	65domestic violence or sexual assault case or complaint. The probation officer that is assigned to
94	94	66an offender or respondent shall continue to serve the same client if they are found to have re-
95	95	67offended or committed the same offense against the original victim or a new victim. Probation
96	96	68officers within the unit, in addition to the training and education set forth in section 85 of said
97	97	69chapter 276, shall attend a training course on domestic violence and sexual assault and
98	98	70interacting with offenders. Said training course shall be designed and certified by the Governor’s
99	99	71council to address sexual assault and domestic violence in collaboration with any affiliate non-
100	100	72profit organizations. If a probation officer’s assigned respondent or offender enrolls in a certified
101	101	73batterer’s treatment program and is found to be non-compliant with the requirements of the
102	102	74program, the probation officer shall surrender the assigned respondent or offender. During
103	103	75hearings and proceedings, probation officers shall disclose to the judge all material relative to the
104	104	76respondent’s conduct including but not limited to any contact with the victim, global positioning
105	105	77satellite tracking device maintenance, or violations of conditions of release.
106	106	78 SECTION 3. Chapter 276 of the general laws is hereby further amended in section 58A
107	107	79subsection (2) by inserting a new subparagraph after subparagraph (2)(B):- 5 of 8
108	108	80 “(C) subject to the condition that the person maintain or commence a certified batterers’
109	109	81treatment program in the case of a violation of an order pursuant to section 3, 4 or 5 of chapter
110	110	82209 A, or a misdemeanor or felony involving abuse as defined in section 1 of said chapter 209A
111	111	83or of a violation of an order of protection issued under said chapter 209A in effect”
112	112	84 SECTION 4. Chapter 209A of the general laws is hereby further amended in section 3 in
113	113	85subsection (i) by inserting at the end of the third paragraph the following:-
114	114	86 “When reviewing a request to extend or renew an order, the court shall take into account
115	115	87sobriety and substance use recovery, based on independent medical standards, if substance use
116	116	88was a factor in issuing the original order. A lack of sobriety or continuing existence of substance
117	117	89use shall weigh in favor of extending or renewing the order.”
118	118	90 SECTION 5. Chapter 209A of the general laws is hereby further amended in section 7 in
119	119	91the fifth paragraph by striking out the first sentence and inserting in place thereof the following:-
120	120	92 “Any violation of such order or a protection order issued by another jurisdiction shall be
121	121	93punishable by a fine of not more than ten thousand dollars, or by imprisonment for not more than
122	122	94five years in a house of correction, or by both such fine and imprisonment.”
123	123	95 SECTION 6. Chapter 209A is hereby further amended in section 7 by inserting after the
124	124	96word “compliance” at the end of the sixth paragraph the following sentence:-
125	125	97 “A defendant will not be relieved of his requirement to regularly attend a certified or
126	126	98provisionally certified batterer’s treatment program until said program can confirm in signed
127	127	99writing with the probation department that the defendant has shown marked improvements and
128	128	100has reached a level of understanding and reform that would deem them a non-threat to women. If 6 of 8
129	129	101the defendant is arrested or investigated by the police in connection with reports of domestic
130	130	102violence or sexual assault while enrolled with a certified batterer’s treatment program, said
131	131	103program shall be apprised of the arrest or investigation by the defendant’s probation officer.”
132	132	104 SECTION 7. Chapter 209A is hereby amended in section 9 by adding at the end the
133	133	105following:-
134	134	106 “The form of complaint shall be supplied without withholding to any person who
135	135	107requests said form and shall be made easily accessible to the public by the offices promulgating
136	136	108said form.”
137	137	109 SECTION 8. The administrative justices of the superior court, probate and family court,
138	138	110district court, and the Boston municipal court departments shall jointly promulgate a new form of
139	139	111complaint for use under Chapter 209A of the general laws pursuant to this act which shall
140	140	112include but not be limited to the following additional fields:
141	141	113 (1) a field wherein a petitioner may indicate whether they have reasonable cause to be in
142	142	114fear of their life at the time of the complaint form’s submission;
143	143	115 (2) a field wherein a petitioner may indicate whether they are a victim of coercive
144	144	116control, a form of abuse as provided in section 4 of this act.
145	145	117 SECTION 9. Chapter 258B of the general laws, as so appearing, is hereby amended in
146	146	118section 3 in paragraph (b) by adding at the end the following:-
147	147	119 “If the respondent or offender has obtained approval to reschedule a hearing or
148	148	120proceeding, the court shall postpone the commencement of the proceeding if the victim is not
149	149	121present and if they have received communication that the victim is in transit to the proceeding, 7 of 8
150	150	122provided that the court may begin the proceeding within one hour of learning that the victim is in
151	151	123transit. The court may within its discretion postpone the proceeding for any amount of time to
152	152	124allow the victim to be present. If the victim cannot be present for a hearing or proceeding that
153	153	125was rescheduled by the respondent, the court may allow the victim advocate probation officer to
154	154	126offer remarks on behalf of the victim.”
155	155	127 SECTION 10. Chapter 258B is hereby further amended in section 3 in paragraph (g) by
156	156	128inserting after the word “recommendation”, the second time it appears, the following:-
157	157	129 “The prosecutor shall provide ample time to confer with the victim to fully explain the
158	158	130position and answer questions or address concerns.”
159	159	131 SECTION 11. Chapter 258B is hereby further amended in section 3 in paragraph (p) by
160	160	132adding at the end the following:-
161	161	133 “The court has the discretion to allow a victim to make a statement at any time during the
162	162	134proceeding prior to sentencing. The court shall allow a victim of domestic violence abuse as
163	163	135defined in Section 1 of Chapter 209A to make a brief statement at a hearing or proceeding prior
164	164	136to sentencing in response to a statement by the defendant or his attorney regarding a violation of
165	165	137a protective order, a violation of a condition of release, improper tampering with a global
166	166	138positioning satellite tracking device system, or failure to disclose relevant information on such
167	167	139matters. A judge may allow the victim or victim advocate probation officer to stipulate facts
168	168	140provided by the respondent;”
169	169	141 SECTION 12. Chapter 258B is hereby further amended in section 3 by adding the
170	170	142following new subparagraph:- 8 of 8
171	171	143 “(x) In the event of a necessitated change in prosecutors assigned to the victim’s case, the
172	172	144victim shall have the right to confer with the new prosecutor for a minimum of one hour to
173	173	145discuss the facts of the case and familiarize the victim with the prosecutor.”
174	174	146 SECTION 13. This Act shall go into effect upon its passage.