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SENATE DOCKET, NO. 1451 FILED ON: 1/16/2025
SENATE . . . . . . . . . . . . . . No. 1037
The Commonwealth of Massachusetts
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PRESENTED BY:
William N. Brownsberger
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act related to indigency.
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PETITION OF:
NAME:DISTRICT/ADDRESS :William N. BrownsbergerSuffolk and Middlesex 1 of 2
SENATE DOCKET, NO. 1451 FILED ON: 1/16/2025
SENATE . . . . . . . . . . . . . . No. 1037
By Mr. Brownsberger, a petition (accompanied by bill, Senate, No. 1037) of William N.
Brownsberger for legislation relative to indigency. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 915 OF 2023-2024.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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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 is hereby amended by striking out the definition
2of “indigent” and inserting in place thereof the following:
3 ''Indigent'', (a) a person who receives one of the following types of public assistance:
4transitional aid to families with dependent children, emergency aid to elderly, disabled and
5children, supplemental nutrition assistance program benefits, refugee cash assistance, need-
6based veterans' benefits, Medicaid, supplemental security income or supplemental security
7income state supplemental program benefits; (b) a person whose income, after taxes, is 125 per
8cent or less of the current poverty guidelines established annually by the Department of Health
9and Human Services pursuant to Section 673(2) of the Omnibus Budget Reconciliation Act of
101981 (42 U.S.C. 9902(2)), as amended; or (c) a person who is unable to pay the fees and costs of 2 of 2
11the proceeding in which he is involved or is unable to do so without depriving himself or his
12dependents of the necessities of life, including food, shelter and clothing, but an inmate shall not
13be adjudged indigent pursuant to section 27C unless the inmate has complied with the procedures
14set forth in section 29 and the court finds that the inmate is incapable of making payments under
15the plans set forth in said section 29.
16 SECTION 2. Section 2A of chapter 211D is hereby amended by striking out the second
17paragraph of section 2A (c) and inserting in place thereof the following:-
18 At any time the court receives information causing its determination of a person’s
19indigency status to be in doubt, the court shall order the chief probation officer or the officer's
20designee to reassess the financial circumstances of the person to ensure that the person meets the
21definition of indigency. The chief probation officer or the officer's designee shall prepare, sign
22and file a written report certifying that the person meets, or does not meet, the definition of
23indigency.
24 SECTION 3. Said chapter 211D is further amended in section 2A (d) by striking the
25following: ", other than the bi-annual reassessments required by the defendant’s representation
26for the first offense,"
27 SECTION 4. Said chapter 211D is further amended by striking out section 2A (f), (g), (h)
28and (i).