Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1100 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2216 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1100
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 establishing a domestic violence and sexual assault probation unit.
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 3
16	16	SENATE DOCKET, NO. 2216 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1100
18	18	By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1100) of Patrick M. O'Connor
19	19	and Steven George Xiarhos for legislation to establish a domestic violence and sexual assault
20	20	probation unit. 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 establishing a domestic violence and sexual assault probation unit.
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 276 of the general laws, as so appearing, is hereby amended by
30	30	2inserting the following new section:-
31	31	3 “Section 99C. Domestic violence and sexual assault probation unit
32	32	4 There shall be established in the superior court department, the Boston municipal court
33	33	5department, and divisions of the probate and family and district court departments a domestic
34	34	6violence and sexual assault probation unit within the court’s probation department. For the
35	35	7purposes of this section, the word “victim” shall mean a complainant that has filed a complaint
36	36	8under chapter 209A. For the purposes of this section, the word “unit” shall mean the domestic
37	37	9violence and sexual assault probation unit. The unit shall consist of:
38	38	10 (a) a domestic violence and sexual assault victim advocate who shall be stationed in the
39	39	11probation department and employed by an external non-profit organization whose mission
40	40	12includes but is not limited to advocating for victims of domestic violence and sexual assault by 2 of 3
41	41	13way of prevention and intervention services, receiving and handling victim complaints against
42	42	14probation officers, raising public awareness, and promoting safety and justice. The victim
43	43	15advocate shall act as the primary liaison between a victim that has filed a complaint and
44	44	16probation officers assigned to the victim’s open case. The victim advocate shall notify victims of
45	45	17any scheduled proceedings pursuant to the victim’s complaint, their rights in the probation
46	46	18process as established in the Victims Bill of Rights in Section 3 of Chapter 258B of the General
47	47	19Laws, as amended by this act, as well as the contact information of the probation officer assigned
48	48	20to the respondent of the victim’s complaint. The victim advocate shall interact with certified
49	49	21batterer’s treatment programs if the respondent is so enrolled to obtain current information to
50	50	22provide associated probation officers. The victim advocate shall compile and maintain pertinent
51	51	23information as to the victim and their complaint, including but not limited to victim contact with
52	52	24release risk assessments, police reports relating to arrests and non-arrests, board of probation
53	53	25record, the interstate identification index, restraining orders and affidavits, victim statements,
54	54	26medical reports and photographs evidencing injury, and reports from certified batterer’s
55	55	27treatment programs.
56	56	28 (b) probation officers as established in section 83 of chapter 276 of the general laws who
57	57	29shall exclusively be assigned to cases and complaints involving domestic violence and sexual
58	58	30assault. Probation officers within the unit shall be assigned to an offender or respondent to a
59	59	31domestic violence or sexual assault case or complaint. The probation officer that is assigned to
60	60	32an offender or respondent shall continue to serve the same client if they are found to have re-
61	61	33offended or committed the same offense against the original victim or a new victim. Probation
62	62	34officers within the unit, in addition to the training and education set forth in section 85 of said
63	63	35chapter 276, shall attend a training course on domestic violence and sexual assault and 3 of 3
64	64	36interacting with offenders. Said training course shall be designed and certified by the Governor’s
65	65	37council to address sexual assault and domestic violence in collaboration with any affiliate non-
66	66	38profit organizations. If a probation officer’s assigned respondent or offender enrolls in a certified
67	67	39batterer’s treatment program and is found to be non-compliant with the requirements of the
68	68	40program, the probation officer shall surrender the assigned respondent or offender. During
69	69	41hearings and proceedings, probation officers shall disclose to the judge all material relative to the
70	70	42respondent’s conduct including but not limited to any contact with the victim, global positioning
71	71	43satellite tracking device maintenance, or violations of conditions of release.
72	72	44 SECTION 2. Chapter 276 of the general laws is hereby further amended in section 58A
73	73	45subsection (2) by inserting a new subparagraph after subparagraph (2)(B):-
74	74	46 “(C) subject to the condition that the person maintain or commence a certified batterers’
75	75	47treatment program in the case of a violation of an order pursuant to section 3, 4 or 5 of chapter
76	76	48209 A, or a misdemeanor or felony involving abuse as defined in section 1 of said chapter 209A
77	77	49or of a violation of an order of protection issued under said chapter 209A in effect”.