Restores and expands upon the Obama-Biden Administrations restrictions on the transfer of military equipment. A court shall determine whether the payment of a fine would cause such substantial financial hardship after a hearing, and, in making such determination, shall consider the persons employment status, income, financial resources, living expenses, number of dependents, and any special circumstances that may affect a persons ability to pay. Section 100C of said chapter 276, as so appearing, is hereby amended by striking out, in line 23, the words used by an employer and inserting in place thereof the following words:- , housing or an occupational license. The EO orders all Federal LEAs to adopt policies that ban chokeholds and carotid restraints unless deadly force is authorized and restricts the use of no knock entries to a limited set of circumstances, such as when an announced entry would pose an imminent threat of physical violence. Section 54 of said chapter 119, as so appearing, is hereby amended by striking out, in line 2, the word seven and inserting in place thereof the following figure:- 10. Inmates in disciplinary segregation shall be evaluated by a qualified mental health professional in accordance with clinical standards adopted by the sheriff. SECTION 97. Section 119B. Section 127 in chapter 266 is hereby amended by striking out the section in its entirety and replacing it with the following: Section 127. Section 59. Elderly person, a person who is 60 years of age or older. Bans the use of chokeholds and carotid restraints unless deadly force is authorized, and restricts the use of no-knock entries. The policy review panel shall meet at least 2 times annually and review reports, data and other information related to justice-involved women in the Commonwealth. Said chapter 94C is hereby further amended by striking out sections 32A and 32B, as so appearing, and inserting in place thereof the following 2 sections:-. SECTION 107. The Anti-Recidivism Coalition and Youth Sentencing Reentry Project works with those affected by the criminal justice system, seeking to offer assistance and create a more just . (b) The statewide sexual assault evidence kit tracking system shall: (i) track the location and status of sexual assault evidence kits throughout the criminal justice process, including; (1) the initial collection in examinations performed at hospitals or medical facilities, (2) receipt and storage at a governmental entity, including a local law enforcement agency, the department of state police, a district attorneys office or any other official body of the commonwealth or of a county, city or town, (3) a hospital or medical facility that is in possession of forensic evidence pursuant to section 97B, (4) receipt and analysis at forensic laboratories, and (5) storage and any destruction after completion of analysis; (ii) allow hospitals or medical facilities performing sexual assault forensic examinations, law enforcement agencies, prosecutors, the crime laboratory within the department of state police, the crime laboratory within the Boston police department, and other entities in the custody of sexual assault kits to update and track the status and location of sexual assault kits; (iii) allow victims of sexual assault to anonymously track and receive updates regarding the status of their sexual assault kits; and. Whoever destroys or injures the personal property, dwelling house or building of another in any manner or by any means not particularly described or mentioned in this chapter shall, if such destruction or injury is willful and malicious, be punished by imprisonment in the state prison for not more than ten years or by a fine of three thousand dollars or three times the value of the damage caused to the property so destroyed or injured, whichever is greater and imprisonment in jail for not more than two and one-half years; or if such destruction or injury is wanton, shall be punished by a fine of one thousand dollars or three times the value of the damage to the property so destroyed or injured, whichever is greater, or by imprisonment for not more than two and one-half years; if the value of the damage to the property so destroyed or injured is not alleged to exceed one thousand dollars, the punishment shall be by a fine of three times the value of the damage to property or by imprisonment for not more than two and one-half years; provided, however, that where a fine is levied pursuant to the value of the damage to the property destroyed or injured, the court shall, after conviction, conduct an evidentiary hearing to ascertain the value of the damage to the property so destroyed or injured. A sexual assault evidence kit shall include the standardized kit for the collection and preservation of evidence in sexual assault or rape cases as designed by the municipal police training committee pursuant to section 97B of chapter 41. Used violence or threats of violence or possess a firearm, rifle, shotgun, machine gun or dangerous weapon or induced another to do so during the offense; or 2. SECTION 116. An Act relative to criminal justice reform as Engrossed after (a) For the purposes of this section the following words shall have the following meanings unless the context clearly requires otherwise: Juvenile, a person appearing before a division of the juvenile court department who is subject to a delinquency, child requiring assistance or care and protection case or a person under the age of 21 in a youthful offender case. SECTION 113. Participation in a community-based restorative justice program shall be voluntary and may be available to both a juvenile and adult defendant. Section 2 of Chapter 258C of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word crime, in line 11, the following words:- ; provided, however, that a claimant who was a victim under the age of criminal majority shall not be required to file such report within 5 days. G. Be informed about how to file a report with law enforcement and have their sexual assault evidence kit tested in the future, if the victim chose not to file a report or have the kit tested at the time the kit was collected. Said panel shall be chaired by the commissioner of the department of corrections or a designee, and shall consist of the commissioner of the department of children and families or a designee, the commissioner of the department of mental health or a designee, the commissioner of the department of public health or a designee, the commissioner of the office of probation, a member of the house of representatives appointed by the speaker of the house, a member of the senate appointed by the senate president, a member of the Massachusetts sheriffs association, and persons representing justice-involved women, re-entry programs, trauma-informed programs and training, domestic violence prevention, and an individual who has been formally incarcerated. Section 3. Nothing in this chapter shall be construed to prohibit pre-arraignment law enforcement based programs. SECTION 140. The Justice Reform is made up of a passionate group of people who are moved by the injustice of modern-day slavery and willing to say, "Not on my watch." Reformation means to make the crooked way straight. (b) A juvenile shall not be placed in restraints during court proceedings and any restraints shall be removed prior to the appearance of a juvenile before the court at any stage of a proceeding unless the justice presiding in the courtroom issues an order and makes specific findings on the record that: (i) restraints are necessary because there is reason to believe that a juvenile presents an immediate and credible risk of escape that cannot be curtailed by other means; (ii) a juvenile poses a threat to the juveniles own safety or to the safety of others; or (iii) restraints are reasonably necessary to maintain order in the courtroom. Addresses Police Reform, Accountability and Transparency. (e) Any county agency, municipal agency or state agency receiving an order from the commissioner or the commissioner of criminal justice information services appointed pursuant to section 167A of chapter 6 pursuant to subsection (a), shall forthwith expunge any criminal records within their care, custody or control. An Act Relative to Criminal Justice Reform SECTION 58. The commissioner of correction, in consultation with the Department of Public Health, Bureau of Substance Addiction Services, shall develop criteria for the selection of houses of correction and state prisons to participate in a pilot program to investigate the broader provision of opioid substitution therapies for addiction in correction facilities, and shall select houses of correction and state prisons to participate in said pilot program according to these criteria. (b) Whoever willfully, either directly or indirectly: (i) threatens, attempts or causes physical, emotional or economic injury or property damage to; (ii) conveys a gift, offer or promise of anything of value to; or (iii) misleads, intimidates or harasses another person who is a: (A) witness or potential witness; (B) person who is or was aware of information, records, documents or objects that relate to a violation of a criminal law or a violation of conditions of probation, parole, bail or other court order; (C) judge, juror, grand juror, attorney, victim witness advocate, police officer, correction officer, federal agent, investigator, clerk, court officer, court reporter, court interpreter, probation officer or parole officer; (D) person who is or was attending or a person who had made known an intention to attend a proceeding described in this section; or (E) family member of a person described in this section, with the intent to or with reckless disregard for the fact that it may: (1) impede, obstruct, delay, prevent or otherwise interfere with: (I) a criminal investigation at any stage, a grand jury proceeding, a dangerousness hearing, a motion hearing, a trial or other criminal proceeding of any type or a parole hearing, parole violation proceeding or probation violation proceeding; or (II) an administrative hearing or a probate or family court proceeding, juvenile proceeding, housing proceeding, land proceeding, clerks hearing, court-ordered mediation or any other civil proceeding of any type; or (2) punish, harm or otherwise retaliate against any such person described in this section for such person or such persons family members participation in any of the proceedings described in this section, shall be punished by imprisonment in the state prison for not more than 10 years or by imprisonment in the house of correction for not more than 2 years or by a fine of not less than $1,000 or more than $5,000 or by both such fine and imprisonment. Implements a new, evidence-informed annual anti-bias training requirement. The department shall file the findings of its study by December 31, 2018, with the clerks of the house and the senate, who shall forward the report to the chairmen of the house committee on ways and means, the senate committee on ways and means, and the joint committee on the judiciary. The Anti-Recidivism Coalition and Youth Sentencing Reentry Project works with those affected by the criminal justice system, seeking to offer assistance and create a more just society. Except as provided in sections 40 and 40B, at the request of a superintendent of a state correctional facility the commissioner may order the administrative segregation of an inmate whose continued retention in the general institution population is detrimental to the program of the institution. Under the supervision of the department of mental health, all inmates in disciplinary segregation shall be given periodic medical and psychiatric examinations and shall receive such medical and psychiatric treatment as may be indicated. H. Be informed about the right to apply for victim compensation. Mandates the adoption of body-worn camera policies. The reports prepared by the sheriff shall contain no identifying information relating to an individual inmate or detainee. (c) a judge, juror, grand juror, attorney, victim witness advocate, police officer, federal agent, investigator, clerk, court officer, court reporter, court interpreter, probation officer or parole officer, (d) a person who is or was attending, or had made known his or her intention to attend a proceeding described in subsection (3)(a), or. Section 13 of chapter 265 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-. The EO requires Federal LEAs to develop best practices to attract, support, and retain an inclusive, diverse, expert, and accountable law enforcement workforce, including by implementing screening tools to ensure that agencies do not hire or retain, or partner with on task forces, individuals who promote unlawful violence, white supremacy, or other bias on the basis of protected characteristics. Upon receipt of a petition for an expungement, the commissioner shall certify whether the petitioner is eligible for an expungement under sections 100I and 100J. Section 101 of this act is hereby repealed. This annual report can obtain information from the tracking system established in section 18W and additional means, such as manual counts and review of records such as case files. (d) The commissioner shall promulgate regulations for the administration and enforcement of this section and section 119D. ii. The sixth paragraph of said section 87A of said chapter 276, as so appearing, is hereby amended by adding the following sentence:- Said person shall pay said administrative victims service surcharge once each month during such time as said person remains on administrative supervised probation. All inmates in disciplinary segregation shall be provided regular meals, fully furnished cells, limited recreational facilities, rights of visitation and communication by those properly authorized, and such other privileges as may be established by the sheriff. . Foundation Friday: Spotlighting efforts to reform the criminal justice Whoever solicits, counsels, advises, or otherwise entices another to commit a crime that may be punished by imprisonment in the state prison, with the intent that the person, in fact, commit or procure the commitment of such crime shall, except as otherwise provided, be punished as follows: First, by imprisonment for not more than 20 years in the state prison or for not more than 2 years in a jail or house of correction, or by a fine of not more than $10,000, or by both such fine and imprisonment, if the intent of the solicitation, counsel, advice or enticement was for the person to commit a crime punishable by imprisonment for life. Thom spearheaded the passage of the Justice Reinvestment Act, sweeping criminal justice reform legislation. Requires new standards for accreditation and for accrediting bodies. The report shall be submitted with drafts of any recommended legislation to the clerks of the house of representatives and the senate and the chairs of the joint committee on elder affairs and the joint committee on the judiciary not later than July 31, 2018. The NBA Foundation spotlights the Anti-Recidivism Coalition and the Youth Sentencing Reentry Project for their efforts to create a more equitable criminal justice system. The Attorney General must also facilitate the contribution of this data, as well as data about officers killed or assaulted, by STLT LEAs, and report to the President his plan to fully implement the Death in Custody Reporting Act. Participation in a community-based restorative justice program shall not be used as evidence or as an admission of guilt, delinquency or civil liability in current or subsequent legal proceedings against any participant. Each agency to designate at least one person, who is trained in trauma and victim response, to receive all inquiries concerning sexual assault evidence kits and to serve as a liaison between the agency and the victim. Amid partisan division, it has been a rare area where Republicans and Democrats have worked together. (g) No pregnant inmate in a state correctional facility or a county correctional facility shall be placed in disciplinary segregation or administrative segregation. SECTION 88. (g) The committee shall establish policies to establish a transitional process for each inmate with an anticipated release date of 120 days or less who is held in segregation, which shall include: (i) substantial re-socialization programming in a group setting; (ii) regular mental health counseling to assist with the transition; and (iii) re-entry planning services offered to inmates in a general population setting. The EO mandates measures for all Federal law enforcement agencies, leveraging the Presidents direct authority over the executive branch. Section 119D. (d) Each sheriff shall promulgate regulations for the administration and enforcement of this section and section 119D. An Act relative to criminal justice reform. Section 68 of said chapter 119, as so appearing, is hereby amended by striking out, in line 1, the word seven and inserting in place thereof the following figure:- 10. The petition shall include an affidavit from a physician licensed to practice medicine in the commonwealth that the prisoner has a terminal illness or permanent incapacitation and remaining as an inmate would be detrimental to, or exacerbate, said illness or incapacitation. If the department fails to transfer the inmate to a secure treatment bed by day 15, the correctional facility shall submit a report to the segregation oversight committee, the house and senate chairs of the joint committee on the judiciary and the house and senate chairs of the joint committee on public safety and homeland security a report that includes the following information: : (1) The reason segregation was instituted for the inmate named in the report; (2) The reason transfer has not occurred 3) Changes to the inmates mental state; and 4) Efforts that have been undertaken to find appropriate housing, the status of such efforts and an estimated date for removal from segregation ; and provided further that the inmate shall be evaluated by a qualified mental health professional in accordance with clinical standards adopted by the department and the department of mental health. A correctional facility may house an inmate diagnosed with a serious mental illness in a segregated unit for no more than 15 days while waiting for a bed in a secure treatment unit. The court shall consider the defendants present and future ability to pay restitution in its determinations relative to the imposition of a fine. SECTION 1. November 13 and 14, 2017. A new committee with representatives from agencies across the federal government will produce a strategic plan that advances front-end diversion, alternatives to incarceration, rehabilitation, and reentry. Annually, on or before September 1st, the following reports regarding the previous fiscal year, shall be submitted to the executive office of public safety and security by law enforcement agencies, medical facilities, crime laboratories, and any other facilities that receive, maintain, store, or preserve sexual assault evidence kits: A. total number of all kits containing forensic samples collected or received. Upon receipt of the report, if such report certifies that the person no longer meets the definition of substantial financial hardship, the court shall hold a hearing, and shall revoke the waiver and impose either or both said fees if the court finds after said hearing that the person no longer meets the definition of substantial financial hardship. House Bill 33 authorized parole reviews for individuals sentenced during the five year period that juries were not properly notified that parole was abolished in 1995. The second paragraph of section 6A of chapter 280 of the General Laws, as so appearing is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The court or justice may waive all or any part of said cost assessment upon a finding that such payment would cause a substantial financial hardship to the person, the persons immediate family or the persons dependents. Anonymized cross-agency data shall be made available to the public for analysis through an application programming interface which allows access to all electronically available records. When a person is sentenced to pay a fine of any amount, or is assessed fines, fees, costs, civil penalties, or other expenses at disposition of a case, the court shall inform that person that: (i) nonpayment of the fines, fees, costs, civil penalties or expenses may result in commitment to a correctional facility; (ii) payment must be made by a date certain; (iii) failure to appear at such date certain or failure to make the payment may result in the issuance of a default; and (iv) if an inability to pay exists as the result of a change in financial circumstances or for any other reason, the person has a right to address the court if the person alleges that such assessed fines, fees, costs, civil penalties or other expenses would cause a substantial financial hardship to the person, the persons immediate family or the persons dependents. No person whose record was expunged pursuant to section 100F, section 100G, section 100H or section 100K shall be held under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of the persons failure to recite or acknowledge such record, or portion thereof, in response to any inquiry made of him or her for any purpose. SECTION 109. A priority shall be placed on juvenile or youthful offenders pathways into the juvenile justice system with the goal of reducing the likelihood of recidivism by addressing the unique issues associated with juvenile or youthful offenders including emotional abuse, physical abuse, sexual abuse, emotional neglect, physical neglect, family violence, household substance abuse, household mental illness, parental absence, and household member incarceration. (a) There shall be established a restorative justice advisory committee to review community-based restorative justice programs. Rebecca Janzen, University of South Carolina. An applicant for employment or housing with a sealed record on file with the commissioner of probation may answer no record to an inquiry herein relative to prior arrests or criminal court appearances. A correctional institution, jail, or house of correction may charge a fee for video visitation communication for inmate communications not occurring on site; provided, however, that the fee shall not exceed the operating cost of the communication. (c) The court officer charged with custody of a juvenile shall report any security concern to the presiding justice. SECTION 12. Said section 52 of said chapter 119, as so appearing, is hereby further amended by striking out the definition of Delinquent child and inserting in place thereof the following definition:-. The White House Within 21 days of receipt of a petition, the superintendent shall make a recommendation to the commissioner. The Attorney General, in consultation with the Secretary of Health and Human Services, will update procedures as necessary to increase mitigation of Covid-19 in correctional facilities; expand the publication and sharing of vaccination, testing, infection, and fatality data disaggregated by race, ethnicity, age, sex, disability, and facility; and to identify alternatives to facility-wide lockdowns and restrictive housing to reduce the risk of transmission. Chapter 127 of the General Laws is hereby amended by striking out section 1, as appearing in the 2016 Official Edition, and inserting in place thereof the following section:-. Reimagines Crisis Response. You have JavaScript disabled. The commission shall evaluate policies and procedures related to the juvenile justice system, advise the child advocate on the collection and dissemination of data regarding juvenile contact with criminal justice agencies, and study the implementation of any statutory changes to the juvenile justice system. (b) Except in exigent circumstances that would create an unacceptable risk to the safety of any person or where no secure treatment unit bed is available, an inmate in disciplinary segregation diagnosed with a serious mental illness in accordance with clinical standards adopted by the department shall not be housed in a segregated unit for more than 15 days and shall be placed in a secure treatment unit. No sentence imposed under the provisions of this section shall be for less than a mandatory minimum term of imprisonment of one year and a fine of not less than $500 nor more than $10,000 may be imposed but not in lieu of the mandatory minimum term of imprisonment. (d) The attorney general shall be responsible for assembling and submitting to the office the data collected by the district attorney of each county as required by this section. Section 100P. (c) If the district attorney does not file an objection with the commissioner within 30 days of receipt of notification as provided in subsection (a) the court may approve the petition without a hearing. Section 167A of chapter 6 of the General Laws, as so appearing, is hereby amended by adding the following subsection:-. (j) District attorney offices shall participate in the statewide sexual assault evidence kit tracking system established in this section for the purpose of tracking the status of all sexual assault evidence kits. Such act shall include, but not be limited to, an act conducted by mail or by use of a telephonic or telecommunication device or electronic communication device including but not limited to any device that transfers signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system, including, but not limited to, electronic mail, internet communications, instant messages or facsimile communications. The court shall deny any petition that does not meet the requirements of sections 100I and 100J. In advance or at the time of the medical forensic examination or law enforcement interview, medical professionals, victim advocates, law enforcement officers, and district attorneys shall provide victims of sexual assault with a physical document developed by the executive office of public safety and security identifying their rights under law. Section 68A of said chapter 119, as so appearing, is hereby amended by striking out, in line 1, the word seven and inserting in place thereof the following word:- 10. A correctional facility may house an inmate diagnosed with a serious mental illness in a segregated unit for no more than 15 days while waiting for a bed in a secure treatment unit. County agency, any department or office of county government and any division, board, bureau, commission, institution, tribunal or other instrumentality thereof or thereunder. PDF Legal Update Section 14B of chapter 269 of the General Laws, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-. Section 18 of chapter 6A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding the following 4 paragraphs:-. SECTION 60. It shall not be a defense to a prosecution under this section that the decedent contributed to his or her own death by such decedents purposeful, knowing, reckless or negligent injection, inhalation or ingestion of the substance or by such decedents consenting to the administration of the substance by another. Section 18W. SECTION 68. The commission may hold public hearings to assist in the collection and evaluation of data and testimony. The sheriff shall record, without limitation, the following data for each person committed to a jail or house of correction: (i) probation central file number; (ii) race and ethnicity; (iii) offense information with standard definitions, including level and type of offense; (iv) type of release; (v) type of admission; (vi) length of sentence; (vii) jail credit from pretrial incarceration; (viii) earned time; (ix) program participation and outcome during incarceration; (x) case disposition; and (xi) bail amount or reason if no bail set. The department of correction, in consultation with the department of telecommunications and cable shall study and report on: (i) the cost of local and long distance telephone service provided to prisoners in department of correction facilities and county houses of correction; (ii) a comparison of the rates with comparable residential telephone service; and (iii) information relative to commissions and revenue collected as part of telephone services provided to prisoners in department of correction facilities and county houses of correction.
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