Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1643 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 640 FILED ON: 1/14/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1643
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	William N. Brownsberger
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 access to community corrections.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :William N. BrownsbergerSuffolk and Middlesex 1 of 9
16	16	SENATE DOCKET, NO. 640 FILED ON: 1/14/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1643
18	18	By Mr. Brownsberger, a petition (accompanied by bill, Senate, No. 1643) of William N.
19	19	Brownsberger for legislation relative to access to community corrections. Public Safety and
20	20	Homeland Security.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 1481 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act relative to access to community corrections.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 211F of the General Laws, as appearing in the 2022 Official
32	32	2Edition, is hereby stricken and inserting in place thereof the following:-
33	33	3 § 1. Definitions
34	34	4 The following terms as used in this chapter shall have the following meanings:
35	35	5 “Commissioner”, the commissioner of probation.
36	36	6 “Community justice program”, any program or service that is operated by a state, local or
37	37	7private service agency, that has been deemed an appropriate provider of services by the office of
38	38	8community justice programs including, but not limited to, intensive supervision with treatment,
39	39	9community service, pretrial services programs, reentry services programs, programs designed as 2 of 9
40	40	10an alternative to jail or prison, and any other program or service as the commissioner may so
41	41	11direct; provided, however, that pretrial and reentry services programs shall each be a separate
42	42	12track of programming from intensive supervision with treatment as defined herein.
43	43	13 “Community justice plan”, a written proposal submitted to the executive director of the
44	44	14office of community justice programs for approval and funding as a community justice program.
45	45	15 “Executive director”, the executive director of the office of community justice programs.
46	46	16 “Intensive supervision with treatment”, as determined by the office of community justice
47	47	17programs, a community justice program that provides a combination of interventions, including
48	48	18treatment, services and accountability measures for persons assessed to be at moderate or higher
49	49	19risk for recidivism.
50	50	20 § 2. Office of community justice programs; executive director
51	51	21 (a) There is hereby established subject to appropriation within the office of the
52	52	22commissioner of probation an office of community justice programs, which shall be used for any
53	53	23criminal justice purpose as determined by the commissioner, and shall establish a continuum of
54	54	24community justice programs statewide.
55	55	25 (b) The executive director of the office of community justice programs shall be appointed
56	56	26by the commissioner to establish, oversee and operate a statewide continuum of community
57	57	27justice programs.
58	58	28 (c) The executive director shall operate subject to the direction and approval of the
59	59	29commissioner. The office shall, to the extent practicable, utilize existing resources of the office
60	60	30of court management for the purpose of avoiding unnecessary duplication. 3 of 9
61	61	31 § 3. Sentence to intensive supervision with treatment; conditions; eligibility
62	62	32 (a) Any court exercising jurisdiction is authorized to sentence any eligible person to
63	63	33intensive supervision with treatment.
64	64	34 (b) A sentence to intensive supervision with treatment shall be imposed as a condition of
65	65	35probation consistent with chapters 276 and 276A. The court may modify the sentence of a person
66	66	36subject to intensive supervision with treatment in the same manner as if the person had been
67	67	37placed on probation.
68	68	38 (c) The commissioner shall develop guidelines for the eligibility of persons for intensive
69	69	39supervision with treatment.
70	70	40 (d) No person shall be sentenced to intensive supervision with treatment in lieu of a
71	71	41mandatory minimum term of incarceration set by statute.
72	72	42 § 3A. Participation in a pretrial services program in lieu of bail or as condition of release
73	73	43 (a) Participation in a pretrial services program may be ordered by the court, in lieu of bail
74	74	44or as a condition of release consistent with sections 57, 58 and 58A of chapter 276. The court
75	75	45may dictate the duration and conditions of the pretrial services program. Any conditions should
76	76	46be imposed to ensure return of the defendant to court or, where permitted by law, to assure the
77	77	47safety of any person or the community.
78	78	48 (b) The Massachusetts probation service may utilize pretrial services programs for
79	79	49pretrial supervision consistent with sections 87 and 87A of chapter 276, upon agreement by the
80	80	50person before the court who is charged with an offense or crime. 4 of 9
81	81	51 (c) If the sheriff who has custody of a person held on bail under section 57 or 58 of
82	82	52chapter 276 determines that the person would benefit from entering a pretrial services program,
83	83	53the sheriff shall provide a written recommendation of such determination to the court, the
84	84	54commissioner, the prosecuting office and the person or the person’s attorney, where applicable.
85	85	55The prosecuting office may notify any victim of the sheriff’s recommendation upon receipt of
86	86	56such recommendation. If the commissioner or the prosecuting office objects to such
87	87	57recommendation, the commissioner or prosecuting office shall file written objection with the
88	88	58court within 14 days of receipt of such notice. Upon receipt of such objection, the court may set
89	89	59the matter for hearing. After expiration of the time for filing objections and after hearing, if
90	90	60applicable, the court shall either decline to modify its earlier bail order or make an order under
91	91	61subsection (a) of this section authorizing the person’s participation in a pretrial services program.
92	92	62In no event shall the person held on bail be ordered under this paragraph to enter a pretrial
93	93	63services program without that person’s consent.
94	94	64 (d) Placement of a person in a pretrial services program shall require victim notification
95	95	65as required under subsection (t) of section 3 of chapter 258B.
96	96	66 § 3B. Utilization of programs developed by the office of community justice programs for
97	97	67persons not sentenced to intensive supervision with treatment under Sec. 3
98	98	68 (a) For any person sentenced to probation supervision who has not been sentenced to
99	99	69intensive supervision with treatment under section 3, the probation department may utilize
100	100	70programs and services offered by the office of community justice programs: (i) for participation
101	101	71in court-ordered programming where such programming is available through the office of
102	102	72community justice programs; or (ii) upon agreement by the person so sentenced. 5 of 9
103	103	73 (b) The use of programs and services under subsection (a) of section 3B of this chapter
104	104	74shall not operate as intensive supervision with treatment as defined in section 1.
105	105	75 § 3C. Utilization of programs developed by the office of community justice programs for
106	106	76reentry and other criminal justice involved persons
107	107	77 (a) The office of community justice programs may provide reentry services programs,
108	108	78which shall not operate as intensive supervision with treatment as defined in section 1 of this
109	109	79chapter, to any person released from incarceration including, but not limited to, any probationer
110	110	80or parolee.
111	111	81 (b) Any person who has previously been sentenced to probation supervision, even if that
112	112	82person is no longer being supervised by the Massachusetts probation service, may utilize
113	113	83programs and services offered by the office of community justice programs. The use of programs
114	114	84and services under this section shall not operate as intensive supervision with treatment as
115	115	85defined in section 1.
116	116	86 § 4. Community justice plans
117	117	87 (a) The executive director is hereby authorized and directed to develop and implement
118	118	88standards for a contracting process for community justice plans, as follows:
119	119	89 (1) A community justice plan shall include:
120	120	90 (A) the type of programs and services offered such as, intensive supervision with
121	121	91treatment, pretrial services or reentry services and the interventions to be made therein, such as
122	122	92cognitive behavioral therapy, employment counseling, educational support, etc.
123	123	93 (B) a description of the administrative, capital and operating costs of the programs; 6 of 9
124	124	94 (C) a description of methods by which the state, local or private service agency shall
125	125	95implement the community justice program with fidelity to evidence-based practices;
126	126	96 (D) a description of the knowledge, skill and experience of the state, local or private
127	127	97service agency in the fields of criminal justice, human services and social sciences.
128	128	98 (2) Subject to appropriation, the executive director shall select plans for funding. All
129	129	99contracts shall provide that the executive director may suspend funding or may assume
130	130	100administrative responsibility for any community justice programs not in compliance with
131	131	101standards, or if the public safety is threatened.
132	132	102 (3) The executive director shall monitor programs for compliance with the goals of this
133	133	103chapter, and shall provide technical assistance, training and education to providers in developing
134	134	104and operating community justice programs.
135	135	105 (b) Subject to an agreement between the commissioner and the secretary of public safety
136	136	106and subject to appropriation, the resources of community justice programs shall be utilized by
137	137	107the parole board for the purpose of parole supervision and the department of correction for the
138	138	108purpose of reentry.
139	139	109 § 5. Annual report
140	140	110 The commissioner shall submit an annual report no later than January 15 of each year,
141	141	111commencing January 15, 2021, to the governor, the joint committees on the judiciary, mental
142	142	112health, substance use and recovery, public health and public safety and homeland security and
143	143	113the clerks of the house of representatives and the senate. The report shall include but shall not be
144	144	114limited to the following information: 7 of 9
145	145	115 (1) a statistical report of the utilization of community justice programs, including a list of
146	146	116all community justice programs operated under the office of community justice programs;
147	147	117 (2) the effectiveness of the office of community justice programs in reducing prison
148	148	118commitments, reducing pretrial detention and increasing the court appearance rate and the
149	149	119metrics used to evaluate said effectiveness;
150	150	120 (3) fiscal audits on the expenditure of state funds;
151	151	121 (4) the results of any investigations into community justice program noncompliance with
152	152	122community justice plans;
153	153	123 (4) any other relevant information or recommendations provided by the commissioner.
154	154	124 SECTION 2. Section 57 of chapter 276 of the General Laws, as amended by chapter 69
155	155	125of the Acts of 2018, is hereby amended by striking out the last paragraph and inserting in place
156	156	126thereof the following paragraph:- Participation in intensive supervision with treatment pursuant
157	157	127to chapter 211F as pretrial treatment may be ordered by the court, in lieu of bail, or as a
158	158	128condition of release; provided, however, that the defendant shall consent to such participation.
159	159	129The following shall not be admissible against the person in any proceedings: (i) a request to
160	160	130engage in a pretrial treatment program; (ii) a decision not to enter a pretrial treatment program;
161	161	131(iii) any statement made by the person during the course of a pretrial treatment program
162	162	132assessment. A statement or other disclosure or a record thereof made by a person during the
163	163	133course of a pretrial treatment program assessment shall not be disclosed at any time to the
164	164	134commonwealth or other law enforcement officer in connection with the investigation or
165	165	135prosecution of any charges against the person or a codefendant. 8 of 9
166	166	136 SECTION 3. Section 58 of chapter 276 of the General Laws, as amended by chapter 69
167	167	137of the Acts of 2018, is hereby amended by striking out the last paragraph and inserting in place
168	168	138thereof the following paragraph:- Participation in intensive supervision with treatment pursuant
169	169	139to chapter 211F as pretrial treatment may be ordered by the court, in lieu of bail, or as a
170	170	140condition of release; provided, however, that the defendant shall consent to such participation.
171	171	141The following shall not be admissible against the person in any proceedings: (i) a request to
172	172	142engage in a pretrial treatment program; (ii) a decision not to enter a pretrial treatment program;
173	173	143(iii) any statement made by the person during the course of a pretrial treatment program
174	174	144assessment. A statement or other disclosure or a record thereof made by a person during the
175	175	145course of a pretrial treatment program assessment shall not be disclosed at any time to the
176	176	146commonwealth or other law enforcement officer in connection with the investigation or
177	177	147prosecution of any charges against the person or a codefendant.
178	178	148 SECTION 4. Section 58A of chapter 276 of the General Laws, as amended by chapter 69
179	179	149of the Acts of 2018, is hereby amended by striking out, in lines 94-97 the following words
180	180	150“Participation in a community corrections program pursuant to chapter 211F may be ordered by
181	181	151the court or as a condition of release; provided, however, that the defendant shall consent to such
182	182	152participation” and by inserting in place thereof:- Participation in intensive supervision with
183	183	153treatment pursuant to chapter 211F as pretrial treatment may be ordered by the court, in lieu of
184	184	154bail, or as a condition of release; provided, however, that the defendant shall consent to such
185	185	155participation. The following shall not be admissible against the person in any proceedings: (i) a
186	186	156request to engage in a pretrial treatment program; (ii) a decision not to enter a pretrial treatment
187	187	157program; (iii) any statement made by the person during the course of a pretrial treatment
188	188	158program assessment. A statement or other disclosure or a record thereof made by a person during 9 of 9
189	189	159the course of a pretrial treatment program assessment shall not be disclosed at any time to the
190	190	160commonwealth or other law enforcement officer in connection with the investigation or
191	191	161prosecution of any charges against the person or a codefendant.