Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1897 Compare Versions

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2	2	HOUSE DOCKET, NO. 851 FILED ON: 1/13/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1897
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Frank A. Moran and Kate Lipper-Garabedian
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 community corrections.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Frank A. Moran17th Essex1/13/2025Kate Lipper-Garabedian32nd Middlesex1/13/2025 1 of 9
16	16	HOUSE DOCKET, NO. 851 FILED ON: 1/13/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1897
18	18	By Representatives Moran of Lawrence and Lipper-Garabedian of Melrose, a petition
19	19	(accompanied by bill, House, No. 1897) of Frank A. Moran and Kate Lipper-Garabedian for
20	20	legislation to further regulate community corrections. The Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act relative to community corrections.
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 211F of the General Laws, as appearing in the 2016 Official
30	30	2Edition, is hereby stricken and inserting in place thereof the following:-
31	31	3 § 1. Definitions
32	32	4 The following terms as used in this chapter shall have the following meanings:
33	33	5 “Commissioner”, the commissioner of probation.
34	34	6 “Community justice program”, any program or service that is operated by a state, local or
35	35	7private service agency, that has been deemed an appropriate provider of services by the office of
36	36	8community justice programs including, but not limited to, intensive supervision with treatment,
37	37	9community service, pretrial services programs, reentry services programs, programs designed as
38	38	10an alternative to jail or prison, and any other program or service as the commissioner may so 2 of 9
39	39	11direct; provided, however, that pretrial and reentry services programs shall each be a separate
40	40	12track of programming from intensive supervision with treatment as defined herein.
41	41	13 “Community justice plan”, a written proposal submitted to the executive director of the
42	42	14office of community justice programs for approval and funding as a community justice program.
43	43	15 “Executive director”, the executive director of the office of community justice programs.
44	44	16 “Intensive supervision with treatment”, as determined by the office of community justice
45	45	17programs, a community justice program that provides a combination of interventions, including
46	46	18treatment, services and accountability measures for persons assessed to be at moderate or higher
47	47	19risk for recidivism.
48	48	20 § 2. Office of community justice programs; executive director
49	49	21 (a) There is hereby established subject to appropriation within the office of the
50	50	22commissioner of probation an office of community justice programs, which shall be used for any
51	51	23criminal justice purpose as determined by the commissioner, and shall establish a continuum of
52	52	24community justice programs statewide.
53	53	25 (b) The executive director of the office of community justice programs shall be appointed
54	54	26by the commissioner to establish, oversee and operate a statewide continuum of community
55	55	27justice programs.
56	56	28 (c) The executive director shall operate subject to the direction and approval of the
57	57	29commissioner. The office shall, to the extent practicable, utilize existing resources of the office
58	58	30of court management for the purpose of avoiding unnecessary duplication.
59	59	31 § 3 Sentence to intensive supervision with treatment; conditions; eligibility 3 of 9
60	60	32 (a) Any court exercising jurisdiction is authorized to sentence any eligible person to
61	61	33intensive supervision with treatment.
62	62	34 (b) A sentence to intensive supervision with treatment shall be imposed as a condition of
63	63	35probation consistent with chapters 276 and 276A. The court may modify the sentence of a person
64	64	36subject to intensive supervision with treatment in the same manner as if the person had been
65	65	37placed on probation.
66	66	38 (c) The commissioner shall develop guidelines for the eligibility of persons for intensive
67	67	39supervision with treatment.
68	68	40 (d) No person shall be sentenced to intensive supervision with treatment in lieu of a
69	69	41mandatory minimum term of incarceration set by statute.
70	70	42 § 3A. Participation in a pretrial services program in lieu of bail or as condition of release
71	71	43 (a) Participation in a pretrial services program may be ordered by the court, in lieu of bail
72	72	44or as a condition of release consistent with sections 57, 58 and 58A of chapter 276. The court
73	73	45may dictate the duration and conditions of the pretrial services program. Any conditions should
74	74	46be imposed to ensure return of the defendant to court or, where permitted by law, to assure the
75	75	47safety of any person or the community.
76	76	48 (b) The Massachusetts probation service may utilize pretrial services programs for
77	77	49pretrial supervision consistent with sections 87 and 87A of chapter 276, upon agreement by the
78	78	50person before the court who is charged with an offense or crime.
79	79	51 (c) If the sheriff who has custody of a person held on bail under section 57 or 58 of
80	80	52chapter 276 determines that the person would benefit from entering a pretrial services program, 4 of 9
81	81	53the sheriff shall provide a written recommendation of such determination to the court, the
82	82	54commissioner, the prosecuting office and the person or the person’s attorney, where applicable.
83	83	55The prosecuting office may notify any victim of the sheriff’s recommendation upon receipt of
84	84	56such recommendation. If the commissioner or the prosecuting office objects to such
85	85	57recommendation, the commissioner or prosecuting office shall file written objection with the
86	86	58court within 14 days of receipt of such notice. Upon receipt of such objection, the court may set
87	87	59the matter for hearing. After expiration of the time for filing objections and after hearing, if
88	88	60applicable, the court shall either decline to modify its earlier bail order or make an order under
89	89	61subsection (a) of this section authorizing the person’s participation in a pretrial services program.
90	90	62In no event shall the person held on bail be ordered under this paragraph to enter a pretrial
91	91	63services program without that person’s consent.
92	92	64 (d) Placement of a person in a pretrial services program shall require victim notification
93	93	65as required under subsection (t) of section 3 of chapter 258B.
94	94	66 § 3B. Utilization of programs developed by the office of community justice programs for
95	95	67persons not sentenced to intensive supervision with treatment under Sec. 3
96	96	68 (a) For any person sentenced to probation supervision who has not been sentenced to
97	97	69intensive supervision with treatment under section 3, the probation department may utilize
98	98	70programs and services offered by the office of community justice programs: (i) for participation
99	99	71in court-ordered programming where such programming is available through the office of
100	100	72community justice programs; or (ii) upon agreement by the person so sentenced.
101	101	73 (b) The use of programs and services under subsection (a) of section 3B of this chapter
102	102	74shall not operate as intensive supervision with treatment as defined in section 1. 5 of 9
103	103	75 § 3C. Utilization of programs developed by the office of community justice programs for
104	104	76reentry and other criminal justice involved persons
105	105	77 (a) The office of community justice programs may provide reentry services programs,
106	106	78which shall not operate as intensive supervision with treatment as defined in section 1 of this
107	107	79chapter, to any person released from incarceration including, but not limited to, any probationer
108	108	80or parolee.
109	109	81 (b) Any person who has previously been sentenced to probation supervision, even if that
110	110	82person is no longer being supervised by the Massachusetts probation service, may utilize
111	111	83programs and services offered by the office of community justice programs. The use of programs
112	112	84and services under this section shall not operate as intensive supervision with treatment as
113	113	85defined in section 1.
114	114	86 § 4. Community justice plans
115	115	87 (a) The executive director is hereby authorized and directed to develop and implement
116	116	88standards for a contracting process for community justice plans, as follows:
117	117	89 (1) A community justice plan shall include:
118	118	90 (A) the type of programs and services offered such as, intensive supervision with
119	119	91treatment, pretrial services or reentry services and the interventions to be made therein, such as
120	120	92cognitive behavioral therapy, employment counseling, educational support, etc.
121	121	93 (B) a description of the administrative, capital and operating costs of the programs;
122	122	94 (C) a description of methods by which the state, local or private service agency shall
123	123	95implement the community justice program with fidelity to evidence-based practices; 6 of 9
124	124	96 (D) a description of the knowledge, skill and experience of the state, local or private
125	125	97service agency in the fields of criminal justice, human services and social sciences.
126	126	98 (2) Subject to appropriation, the executive director shall select plans for funding. All
127	127	99contracts shall provide that the executive director may suspend funding or may assume
128	128	100administrative responsibility for any community justice programs not in compliance with
129	129	101standards, or if the public safety is threatened. The executive director shall separately contract to
130	130	102provide specialized, age-appropriate reentry services for emerging adults (18-25 years old),
131	131	103released from incarceration including, but not limited to, any probationer or parolee.
132	132	104 (3) The executive director shall monitor programs for compliance with the goals of this
133	133	105chapter, and shall provide technical assistance, training and education to providers in developing
134	134	106and operating community justice programs.
135	135	107 (b) Subject to an agreement between the commissioner and the secretary of public safety
136	136	108and subject to appropriation, the resources of community justice programs shall be utilized by
137	137	109the parole board for the purpose of parole supervision and the department of correction for the
138	138	110purpose of reentry.
139	139	111 § 5. Annual report
140	140	112 The commissioner shall submit an annual report no later than January 15 of each year,
141	141	113commencing January 15, 2026, to the governor, the joint committees on the judiciary, mental
142	142	114health, substance use and recovery, public health and public safety and homeland security and
143	143	115the clerks of the house of representatives and the senate. The report shall include but shall not be
144	144	116limited to the following information: 7 of 9
145	145	117 (1) a statistical report of the utilization of community justice programs, including a list of
146	146	118all community justice programs operated under the office of community justice programs;
147	147	119 (2) the effectiveness of the office of community justice programs in reducing prison
148	148	120commitments, reducing pretrial detention and increasing the court appearance rate and the
149	149	121metrics used to evaluate said effectiveness;
150	150	122 (3) fiscal audits on the expenditure of state funds;
151	151	123 (4) the results of any investigations into community justice program noncompliance with
152	152	124community justice plans;
153	153	125 (4) any other relevant information or recommendations provided by the commissioner.
154	154	126 SECTION 2: Section 57 of chapter 276 of the General Laws, as amended by chapter 69
155	155	127of the Acts of 2018, is hereby amended by striking out the last paragraph and inserting in place
156	156	128thereof the following paragraph:- Participation in intensive supervision with treatment pursuant
157	157	129to chapter 211F as pretrial treatment may be ordered by the court, in lieu of bail, or as a
158	158	130condition of release; provided, however, that the defendant shall consent to such participation.
159	159	131The following shall not be admissible against the person in any proceedings: (i) a request to
160	160	132engage in a pretrial treatment program; (ii) a decision not to enter a pretrial treatment program;
161	161	133(iii) any statement made by the person during the course of a pretrial treatment program
162	162	134assessment. A statement or other disclosure or a record thereof made by a person during the
163	163	135course of a pretrial treatment program assessment shall not be disclosed at any time to the
164	164	136commonwealth or other law enforcement officer in connection with the investigation or
165	165	137prosecution of any charges against the person or a codefendant. 8 of 9
166	166	138 SECTION 3:Section 58 of chapter 276 of the General Laws, as amended by chapter 69 of
167	167	139the Acts of 2018, is hereby amended by striking out the last paragraph and inserting in place
168	168	140thereof the following paragraph:- Participation in intensive supervision with treatment pursuant
169	169	141to chapter 211F as pretrial treatment may be ordered by the court, in lieu of bail, or as a
170	170	142condition of release; provided, however, that the defendant shall consent to such participation.
171	171	143The following shall not be admissible against the person in any proceedings: (i) a request to
172	172	144engage in a pretrial treatment program; (ii) a decision not to enter a pretrial treatment program;
173	173	145(iii) any statement made by the person during the course of a pretrial treatment program
174	174	146assessment. A statement or other disclosure or a record thereof made by a person during the
175	175	147course of a pretrial treatment program assessment shall not be disclosed at any time to the
176	176	148commonwealth or other law enforcement officer in connection with the investigation or
177	177	149prosecution of any charges against the person or a codefendant.
178	178	150 SECTION 4:Section 58A of chapter 276 of the General Laws, as amended by chapter 69
179	179	151of the Acts of 2018, is hereby amended by striking out, in lines 94-97 the following words
180	180	152“Participation in a community corrections program pursuant to chapter 211F may be ordered by
181	181	153the court or as a condition of release; provided, however, that the defendant shall consent to such
182	182	154participation” and by inserting in place thereof:- Participation in intensive supervision with
183	183	155treatment pursuant to chapter 211F as pretrial treatment may be ordered by the court, in lieu of
184	184	156bail, or as a condition of release; provided, however, that the defendant shall consent to such
185	185	157participation. The following shall not be admissible against the person in any proceedings: (i) a
186	186	158request to engage in a pretrial treatment program; (ii) a decision not to enter a pretrial treatment
187	187	159program; (iii) any statement made by the person during the course of a pretrial treatment
188	188	160program assessment. A statement or other disclosure or a record thereof made by a person during 9 of 9
189	189	161the course of a pretrial treatment program assessment shall not be disclosed at any time to the
190	190	162commonwealth or other law enforcement officer in connection with the investigation or
191	191	163prosecution of any charges against the person or a codefendant.