Text of MA S 2200 (2018)

Page 1 of 174 SENATE . . . . . . . . . . . . . . No. 2200 Senate, October 26, 2017, – Text of the Senate Bill relative to criminal justice reform (being the text of Senate document number 2185, printed as amended) The Commonwealth of Massachusetts _______________ In the One Hundred and Ninetieth General Court (2017-2018) _______________ An Act relative to criminal justice reform. 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 7 of chapter 4 of the General Laws, as appearing in the 2016 2 Official Edition, is hereby amended by adding the following clauses:- 3 Sixtieth, “The age of criminal majority” shall mean the age of 19. 4 Sixty-first, “Offense-based tracking number” shall mean a unique number assigned by a 5 criminal justice agency, as defined in section 167 of chapter 6, for an arrest or charge; provided, 6 however, that any such designation shall conform to the policies of the department of state police 7 and the department of criminal justice information services. 8 SECTION 2. The second paragraph of subsection (a) of section 116A of chapter 6 of the 9 General Laws, as so appearing, is hereby amended by adding the following sentence:- As used in 10 this section, “bias-free policing” shall mean decisions made by law enforcement officers that 11 shall not consider a person’s race, ethnicity, gender, gender identity, religion, mental or physical 12 disability or socioeconomic level. Page 2 of 174 13 SECTION 3. Said section 116A of said chapter 6, as so appearing, is hereby further 14 amended by striking out, in line 81, the word “and”. 15 SECTION 4. Subsection (b) of said section 116A of said chapter 6, as so appearing, is 16 hereby amended by adding the following 3 clauses:- 17 (16) procedures and techniques to promote bias-free policing; 18 (17) procedures and techniques for handling complaints involving victims, witnesses or 19 suspects with a mental illness or developmental disability and for handling mental health 20 emergencies; and 21 (18) procedures and techniques for civilian interaction and to promote procedural justice, 22 which shall emphasize de-escalation and disengagement tactics and techniques. 23 SECTION 5. Said chapter 6 is hereby further amended by inserting after section 116F 24 the following section: - 25 Section 116G. (a) The municipal police training committee under the direction of the 26 executive office of public safety and security shall establish and develop an in-service training 27 program designed to train law enforcement officials, including municipal, metropolitan and state 28 police, in the following areas: 29 (i) practices and procedures relating to unconscious or implicit bias policing which shall 30 include, but not be limited to, training that examines issues of race, ethnicity, gender, religion, 31 sexual orientation and gender identity and socioeconomic and professional status in relation to 32 policing decisions; Page 3 of 174 33 (ii) handling mental health emergencies and complaints involving victims, witnesses or 34 suspects with a mental illness or developmental disability, which shall include training related to 35 common behaviors and actions exhibited by such individuals, strategies law enforcement officers 36 may use for reducing or preventing the risk of harm and strategies that involve the least intrusive 37 means of addressing such incidences and individuals while protecting the safety of the law 38 enforcement officer and other persons; provided, however, that training presenters shall include 39 certified mental health practitioners with expertise in the delivery of direct services to individuals 40 experiencing mental health emergencies and victims, witnesses and suspects with a mental 41 illness or developmental disability; and 42 (iii) practices and techniques for law enforcement officers in civilian interaction and to 43 promote procedural justice, which shall emphasize de-escalation and disengagement tactics and 44 techniques and practices and procedures that build community trust and maintain community 45 confidence. 46 (b) The committee shall determine training requirements and minimum standards of the 47 program that all law enforcement agencies throughout the commonwealth shall implement in 48 their practices and training of law enforcement officials. 49 (c) This section shall apply to law enforcement officials who are employed on a full-time 50 basis as a police officer of the department of state police, a municipal police department and the 51 University of Massachusetts police department and environmental police officers in the office of 52 law enforcement. 53 (d) The committee, in consultation with the attorney general and other relevant entities, 54 shall promulgate rules and regulations to carry out this section. Page 4 of 174 55 SECTION 6. Section 167 of said chapter 6 of the General Laws, as appearing in the 2016 56 Official Edition, is hereby amended by inserting after the definition of “Commissioner” the 57 following definition:- 58 “Conviction”, a finding of guilty or not guilty by reason of insanity. 59 SECTION 7. The definition of “Criminal offender record information” in said section 60 167 of said chapter 6, as so appearing, is hereby amended by striking out the second sentence 61 and inserting in place thereof the following sentence:- Such information shall be restricted to 62 information recorded in criminal proceedings that are not dismissed before arraignment. 63 SECTION 8. Said section 167 of said chapter 6, as so appearing, is hereby further 64 amended by striking out, in lines 38 and 40, the figure “18” and inserting in place thereof, in 65 each instance, the following words:- criminal majority. 66 SECTION 9. Said section 167 of said chapter 6, as so appearing, is hereby further 67 amended by striking out, in lines 41 and 42, the words “18 is adjudicated as an adult” and 68 inserting in place thereof the following words:- criminal majority was tried as an adult in 69 superior court or tried as an adult after transfer of a case from a juvenile session to another trial 70 court department. 71 SECTION 10. Said chapter 6 is hereby further amended by inserting after section 172M 72 the following section:- 73 Section 172N. State and political subdivision licensing authorities shall provide in the 74 licensing requirements for a professional license a list of the categories of crimes that would 75 disqualify an applicant from eligibility for a license. For the purposes of this section, “licensing 76 authority” shall include an agency, examining board, credentialing board, or other office or Page 5 of 174 77 commission with the authority to impose occupational fees or licensing requirements on a 78 profession. 79 SECTION 11. Said chapter 6 is hereby further amended by striking out section 184A, as 80 so appearing, and inserting in place thereof the following section:- 81 Section 184A. (a) There shall be a forensic science commission in the executive office of 82 public safety and security. The commission shall provide enhanced, objective and independent 83 auditing and oversight of forensic evidence used in criminal matters and analysis done in state 84 and municipal laboratories. 85 The commission shall consist of: the undersecretary for forensic sciences or a designee; 86 and 12 members who shall be appointed by the governor, 1 of whom shall have expertise in 87 forensic science, 1 of whom shall have expertise in cognitive bias, 1 of whom shall be in 88 academia in a research field adjacent to forensic science, 1 of whom shall have expertise in 89 statistics, 1 of whom shall have expertise in forensic laboratory management, 1 of whom shall 90 have expertise in clinical quality management, 2 of whom shall be nominated by the 91 Massachusetts District Attorneys Association, 1 of whom shall be nominated by the attorney 92 general, 1 of whom shall be nominated by the committee of public counsel services, 1 of whom 93 shall be nominated by the Massachusetts Association of Criminal Defense Lawyers, Inc. and 1 of 94 whom shall be nominated by the New England Innocence Project, Inc. A member, other than the 95 undersecretary for forensic sciences or a designee and those nominated by the Massachusetts 96 District Attorneys Association, the attorney general, the committee of public council services and 97 the New England Innocence Project, Inc., shall not be employed by or affiliated with any state or 98 municipal forensic laboratory throughout the term of membership. Page 6 of 174 99 (b) All appointments shall be for a term of 4 years. A vacancy, other than by expiration of 100 term, shall be filled by the governor for the unexpired term. The chair of the commission shall be 101 elected from among the members appointed. Staff shall be provided by the executive office of 102 public safety and security. The commission shall meet at times and places as is requested by 5 of 103 its members but shall not meet less than quarterly. Members shall not designate a proxy to vote 104 in their absence. Members of the commission shall serve without compensation but shall be 105 reimbursed for reasonable and necessary expenses incurred in the performance of their duties. 106 (c) The commission shall initiate an investigation into any forensic science, technique or 107 analysis used in a criminal matter upon: (i) application by a person alleging that a forensic 108 technique in common use is not scientifically valid if not less than 5 members of the commission 109 agree; or (ii) not less than 5 members of the commission determine that an investigation of a 110 forensic analysis would advance the integrity and reliability of forensic science in the 111 commonwealth. 112 The results of an investigation by the commission, with any resulting recommendations, 113 shall be reported to the executive office of public safety and security, the joint committee on 114 public safety and homeland security, the supreme judicial court, the Massachusetts District 115 Attorneys Association, the attorney general, the committee for public counsel services, the 116 Massachusetts Association of Criminal Defense Lawyers, Inc. and the New England Innocence 117 Project, Inc. 118 (d) The commission shall develop and implement a system for forensic laboratories to 119 report professional negligence or misconduct and any such a facility shall be required to report to 120 the commission such instance of professional negligence and misconduct. Page 7 of 174 121 (e) The commission shall actively engage stakeholders in the criminal justice system in 122 forensic development initiatives and shall work with stakeholders to improve education and 123 training in forensic science and the law. 124 SECTION 12. Chapter 10 of the General Laws is hereby amended by inserting after 125 section 35EEE the following 2 sections:- 126 Section 35FFF. There shall be established and set up on the books of the commonwealth 127 the Garden of Peace Trust Fund to be used, without further appropriation, for the operation of the 128 Garden of Peace. The fund shall consist of the existing balance held by the Garden of Peace, Inc. 129 and all revenues received by the commonwealth from public and private sources as gifts, grants 130 and donations to support and maintain the Garden of Peace. Any balance in the fund at the end 131 of the fiscal year shall not revert to the General Fund, but shall remain available for expenditure 132 in subsequent years. No expenditure made from the fund shall cause the fund to become 133 deficient at any point during a fiscal year. 134 Section 35GGG. (a) There shall be a Municipal Police Training Fund which shall consist 135 of amounts credited to the fund in accordance with this section. The fund shall be administered 136 by the state treasurer and held in trust exclusively for the purposes of this section. The state 137 treasurer shall be treasurer-custodian of the fund and shall have the custody of its monies and 138 securities. 139 (b) The fund shall consist of: (i) funds transferred from the Marijuana Regulation Fund 140 established in section 14 of chapter 94G; (ii) revenue from appropriations or other money 141 authorized by the general court and specifically designated to be credited to the fund; (iii) 142 interest earned on money in the fund; and (iv) funds from private sources including, but not Page 8 of 174 143 limited to, gifts, grants and donations received by the commonwealth that are specifically 144 designated to be credited to the fund. Amounts credited to the fund shall not be subject to further 145 appropriation and any money remaining in the fund at the end of a fiscal year shall not revert to 146 the General Fund. The secretary shall annually report the activity of the fund to the clerks of the 147 senate and the house of representatives and the senate and house committees on ways and mean 148 not later than December 31. 149 (c) Expenditures from the fund shall be made to provide funding for: 150 (i) the operating expenses of the municipal police training committee; 151 (ii) basic recruit training for new police officers; 152 (iii) mandatory in-service training for veteran police officers; 153 (iv) specialized training for veteran police officers and reserve and intermittent police 154 officers; and 155 (v) the basic training program for reserve and intermittent police officers. 156 SECTION 13. Section 59 of said chapter 10 of the General Laws, as appearing in the 157 2016 Official Edition, is hereby amended by adding the following sentence:- Annually, not later 158 than October 1, the commissioner of rehabilitation shall report to the clerks of the senate and the 159 house of representatives and the senate and house committees on ways and means on the fund’s 160 activity and the balance of the fund. Page 9 of 174 161 SECTION 14. Section 66 of said chapter 10, as so appearing, is hereby amended by 162 inserting after the words “ways and means”, in line 34, the following words:- and the clerks of 163 the senate and the house of representatives. 164 SECTION 15. Chapter 17 of the General Laws is hereby amended by adding the 165 following section: - 166 Section 21. The registry of vital records and the chief medical examiner shall take 167 measures to record the sex of a decedent that corresponds to the decedent’s gender identity. The 168 registry and the examiner shall also take measures to improve the incidence of the collection of 169 information on the gender identity and sexual orientation of a decedent where a death occurs 170 under any of the following circumstances: (i) a hate crime as defined in section 32 of chapter 171 22C; (ii) death where criminal violence appears to have taken place, regardless of the time 172 interval between the incident and death, and regardless of whether such violence appears to have 173 been the immediate cause of death, or a contributory factor thereto; (iii) suicide, regardless of the 174 time interval between the incident and death; (iv) death under suspicious or unusual 175 circumstances; or (v) death in custody, in a jail or correctional facility. 176 The registry of vital records and the chief medical examiner may provide in its discretion 177 information collected under this section to a requesting authority compiling statistical data. Such 178 data shall contain only aggregate data and no individual names or other personally identifying 179 information or information that could lead to the identification of an individual decedent, or 180 other information that is protected by statute, regulation or executive order. 181 SECTION 16. Section 36 of chapter 22C of the General Laws, as appearing in the 2016 182 Official Edition, is hereby amended by striking out, in line 22, the words “said board” and 183 inserting in place thereof the following words:- the department. Page 10 of 174 184 SECTION 17. Said section 36 of said chapter 22C, as so appearing, is hereby further 185 amended by adding the following 3 paragraphs:- 186 The department shall transmit criminal case disposition information, except those 187 transmitting expungement orders, including any order of dismissal and any order to seal or 188 expunge a record, to the Federal Bureau of Investigation to provide criminal history record 189 information through the bureau’s Interstate Identification Index. 190 The department shall transmit juvenile case disposition information, including any order 191 of dismissal and any order to seal or expunge a record, to the Federal Bureau of Investigation to 192 provide criminal history record information through the bureau’s Interstate Identification Index; 193 provided, however, that the department shall include with every transmission of juvenile case 194 disposition information an order to seal such information within the bureau’s Interstate 195 Identification Index. 196 The executive office of public safety and security shall implement a fingerprint-supported 197 criminal history system that utilizes a fingerprint-based state identification number as the unique 198 identifier of a person from the point of arrest or charging through each contact the person has 199 with the criminal justice system or juvenile justice system and that provides criminal case 200 disposition and other relevant information to ensure a complete and accurate criminal history. 201 The executive office of public safety and security may promulgate regulations to implement this 202 paragraph. 203 SECTION 18. Chapter 22E of the General Laws is hereby amended by striking out 204 section 3, as so appearing, and inserting in place thereof the following section:- 205 Section 3. (a) A person who is convicted of an offense that is punishable by 206 imprisonment in the state prison and a person adjudicated a youthful offender by reason of an Page 11 of 174 207 offense that would be punishable by imprisonment in the state prison if committed by an adult 208 shall submit a DNA sample to the department not more than 6 months after the conviction or 209 adjudication or, if incarcerated, within the first 6 months of the incarceration or before release 210 from custody, whichever occurs first. 211 (b) A person who is arrested by virtue of process or is taken into custody by an officer 212 and charged with the commission of an offense: (i) listed in clause (i) of subsection (b) of section 213 25 of chapter 279; or (ii) under section 17 or section 18 of chapter 266, and who upon arrest has 214 been arraigned pursuant to the applicable court rules under the Massachusetts Rules of Criminal 215 Procedure, shall submit a DNA sample to the department. 216 (c) The trial court and probation department shall work in conjunction with the director to 217 establish and implement a system for the electronic notification to the department whenever a 218 person is required to submit a DNA sample under this section. The sample shall be collected by a 219 person authorized under section 4 of this chapter subsequent to arraignment, in accordance with 220 regulations or procedures established by the director. The results of the sample shall be made 221 part of the state DNA database. If the department is unable to complete DNA analysis on a 222 sample provided pursuant to this section or any sample so provided fails to yield a DNA record, 223 the person required to submit a DNA sample pursuant to this section shall, not more than 6 224 months after notice from the director, submit additional DNA samples until DNA analysis is 225 completed and results in the production of a DNA record. The submission of such a DNA sample 226 shall not be stayed pending a sentence appeal, motion for new trial, appeal to an appellate court 227 or other post conviction motion or petition. Page 12 of 174 228 SECTION 19. Said chapter 22E is hereby further amended by striking out section 5, as 229 appearing in the 2016 Official Edition, and inserting in place thereof the following section:- 230 Section 5. The department shall provide all collection materials, labels and instructions 231 for the collection of DNA samples pursuant to this chapter. 232 SECTION 20. Said chapter 22E is hereby further amended by striking out section 11, as 233 so appearing, and inserting in place thereof the following section:- 234 Section 11. A person required to provide a DNA sample pursuant to this chapter and 235 who, after notice, willfully fails to provide such a DNA sample or the additional DNA samples 236 required by section 3 shall be subject to punishment by a fine of not more than $2,000 or 237 imprisonment in a jail or house of correction for not more than 6 months or both. 238 SECTION 21. Section 12 of said chapter 22E, as so appearing, is hereby amended by 239 striking out, in line 7, the figure “$1,000” and inserting in place thereof the following figure:- 240 $2,000. 241 SECTION 22. Said section 12 of said chapter 22E, as so appearing, is hereby further 242 amended by striking out, in line 8, the words “six months” and inserting in place thereof the 243 following words:- 1 year. 244 SECTION 23. Section 13 of said chapter 22E, as so appearing, is hereby amended by 245 striking out, in line 4, the figure “$1,000” and inserting in its place thereof the following figure:- 246 $2,000. Page 13 of 174 247 SECTION 24. Said section 13 of said chapter 22E, as so appearing, is hereby further 248 amended by striking out, in line 5, the words “six months” and inserting in place thereof the 249 following words:- 1 year. 250 SECTION 25. Section 15 of said chapter 22E, as so appearing, is hereby amended by 251 adding the following 4 paragraphs:- 252 The department shall destroy the DNA sample and any records of a person related to the 253 sample that were taken in connection with a particular alleged designated crime if the sample 254 was collected post-arraignment under subsection (b) of section 3 and any of the following 255 occurs: (i) the felony charge that required the DNA sample is downgraded to a misdemeanor by 256 the prosecuting attorney upon a plea agreement or the person is convicted of a lesser offense that 257 is a misdemeanor other than an offense that constitutes “abuse” as defined in section 1 of chapter 258 209A or a sex offense for which registration is required pursuant to sections 178C to 178P, 259 inclusive, of chapter 6; (ii) the person is acquitted after a trial of the charges that required the 260 taking of the DNA sample; or (iii) the charges that required the taking of the DNA sample are 261 dismissed by either the court or the commonwealth after arraignment unless good cause is shown 262 as to why the sample should not be destroyed. 263 If the person has more than 1 entry in the state DNA database, CODIS or the state DNA 264 data bank, only the entry related to the dismissed case shall be deleted. 265 The trial court and probation department shall work in conjunction with the director to 266 establish and implement a system for the electronic notification to the department whenever a 267 DNA sample is required to be destroyed pursuant to this section. The department shall notify the Page 14 of 174 268 person upon destroying the DNA sample and completing its responsibilities under this 269 subsection. 270 If a DNA sample is matched to another DNA sample during the course of a criminal 271 investigation, the record of the match shall not be expunged even if the sample itself is expunged 272 in accordance with this section. 273 SECTION 26. Chapter 29 of the General Laws is hereby amended by inserting after 274 section 2XXXX the following 2 sections:- 275 Section 2YYYY. (a) There is hereby established and set up on the books of the 276 commonwealth a separate fund to be known as the Criminal Justice and Community Support 277 Trust Fund. The fund shall be administered by the executive office of public safety and security, 278 in consultation with the department of mental health, which shall contract with county restoration 279 centers and the center of excellence in community policing and behavioral health, established in 280 section 18L½ of chapter 6A, to administer the fund. There shall be credited to the fund any 281 appropriations, grants, gifts or other monies authorized by the general court or other parties and 282 specifically designated to be credited to the fund. The objectives of the fund shall include, but 283 shall not be limited to: supporting jail diversion programs for persons suffering from a mental 284 illness or substance use disorder who interact with law enforcement or the court system during a 285 pre-arrest investigation or the pre-adjudication process in order to divert individuals from lockup 286 facilities and hospital emergency departments to appropriate treatment; developing and providing 287 training for state and municipal law enforcement in evidence-based mental health and substance 288 use crisis response; creating patient-focused ongoing community services for individuals who are 289 frequent users of emergency departments and suffer from serious and persistent mental illness; Page 15 of 174 290 and providing funding for multi-year restoration center grants for planning and implementing a 291 restoration center within a county in the commonwealth. 292 (b) Monies deposited in the fund that are unexpended at the end of the fiscal year shall 293 not revert to the general fund and shall be available for expenditure in the subsequent year. 294 (c) The fund may apply for and accept subventions, grants, loans, advances and 295 contributions from any source of money, property, labor or other things of value to be held, used 296 and applied in furtherance of this section. 297 (d) The executive office of public safety and security shall file a report to the joint 298 committee on mental health and substance abuse, the joint committee on public safety and 299 homeland security and the senate and house committees on ways and means that detail the fund’s 300 activities not later than March 1. 301 Section 2ZZZZ. (a) There shall be a Strong Communities and Crime Prevention Fund. 302 Monies transferred to the fund shall be continuously expended, without regard for fiscal year, 303 exclusively for carrying out the purposes of this section. 304 (b)(1) For the purposes of this section, the term “target population” shall mean any 305 person who meets at least 2 of the following characteristics: (i) is under 25 years of age; (ii) is a 306 victim of violence; (iii) is over 18 years of age and does not have a high school diploma; (iv) has 307 been convicted of a felony; (v) has been unemployed or has had family income below 250 per 308 cent of the federal poverty level for not less than 6 months; or (vi) lives in a census tract where 309 over 20 per cent of the population fall below the federal poverty line. Page 16 of 174 310 (2) There shall be a board of directors to consist of 13 members to be appointed by the 311 secretary of housing and economic development, with the approval of the governor. The board of 312 directors shall consist of not less than 6 individuals who are, or have been at some time, 313 members of the target population and a combination of appointees with professional case 314 management experience, entrepreneurial or business management experience, professional youth 315 development experience, experience providing professional or vocational training or experience 316 in labor market analysis. The terms of the initial members shall be: 3 shall be appointed for 1 317 year, 3 shall be appointed for 2 years, 3 shall be appointed for 3 years and 3 shall be appointed 318 for 4 years. Upon the expiration of the term of a member, a successor shall be appointed for a 319 term of 4 years. The members shall elect a chair and shall meet not less than bi-annually. 320 Members shall serve without compensation, but shall be reimbursed for expenses necessarily 321 incurred in the performance of their duties. Upon notification by the chair that a vacancy exists, 322 the secretary of housing and economic development shall appoint, with the approval of the 323 governor, another member to fill the unexpired term. 324 (3) The executive office of housing and economic development shall provide staff 325 support to the board of directors. The total expenditure from the fund for administration, 326 including salaries and benefits of supporting staff, shall not exceed 5 per cent of the total amount 327 disbursed by the fund in any given fiscal year. 328 (c)(1) The executive office of public safety and security shall calculate the aggregate 329 annual population of the department of correction and the houses of correction and calculate 330 annually an average marginal cost rate per inmate among the department of correction and the 331 houses of correction based on the actual marginal cost rates used by the department of correction 332 and the houses of correction for their budgeting purposes. Page 17 of 174 333 (2) The secretary of housing and economic development shall annually determine the 334 difference between the combined population of the department of correction and the houses of 335 correction in fiscal year 2017, multiplied by the rate of total population growth for the 336 commonwealth since fiscal year 2017, and the actual combined population of the department of 337 correction and the houses of correction in that year. The secretary shall multiply the difference 338 by the average marginal cost rate per inmate. Not later than October 1 of each year, the secretary 339 shall certify this calculation to the joint committee on ways and means, the secretary of 340 administration and finance and the comptroller for the prior fiscal year and shall publish the 341 calculation on a public website. The comptroller shall transfer an amount equal to ½ of the 342 product of this calculation to the fund. 343 (d) Monies in the fund shall be competitively granted to develop and strengthen 344 communities heavily impacted by crime and the criminal justice system by creating opportunities 345 for job training, job creation and job placement for those who face high barriers to employment. 346 (e) Eligible grant recipients shall exhibit a model of creating employment opportunities 347 for members of the target population or, in the case of programs serving a target population aged 348 20 years and under, may instead demonstrate a model of building the skills necessary for future 349 employment within such members. Such a model shall be supported by research and evaluation 350 and may include transitional employment programs, social enterprise, pre-apprenticeship or other 351 training programs, school-based or community-based high school dropout prevention and re- 352 engagement programs, cooperative and small business development programs and community- 353 based workforce development programs. Components of a successful program may include, but 354 shall not be not limited to, job training in both “soft skills” and skills identified as lacking in 355 growth industries, stipends or wage subsidies, serving as employer of record with private Page 18 of 174 356 employers, case management, cognitive behavioral therapy and supports such as child care 357 vouchers or transportation assistance. The fund may give priority to programs that include access 358 to services such as addiction treatment and trauma-informed mental health care as relevant to the 359 fund’s mission, but such services by themselves shall not be eligible for monies from the fund. 360 Training programs that do not include a strong presumption of full employment by a specific 361 employer or entry into a bona fide apprenticeship program recognized by the commonwealth 362 upon successful completion by each participant shall not be eligible for funding; provided, 363 however, that high school dropout prevention and re-engagement programs shall not need to 364 include said presumption. 365 SECTION 27. Section 20 of chapter 31 of the General Laws, as appearing in the 2016 366 Official Edition, is hereby amended by striking out, in lines 10 and 11, the words “18 years” and 367 inserting in place thereof the following words:- criminal majority. 368 SECTION 28. Section 24 of chapter 37 of the General Laws, as so appearing, is hereby 369 amended by striking out, in line 14, the words “18 years” and inserting in place thereof the 370 following words:- criminal majority. 371 SECTION 29. Section 21D of chapter 40 of the General Laws, as so appearing, is hereby 372 amended by striking out the first and second paragraphs and inserting in place thereof the 373 following 3 paragraphs:- 374 A city or town may, by ordinance or by-law that is not inconsistent with this section, 375 provide for the non-criminal disposition of: (i) a misdemeanor eligible for decriminalization 376 under section 70C of chapter 277; (ii) a matter that has been deemed a civil infraction by a 377 general or special law; and (iii) a violation of an ordinance, by-law, rule or regulation of a 378 municipal officer, board or department that is subject to a specific penalty. Page 19 of 174 379 If a city or town has approved such an ordinance or by-law, a police officer who has 380 probable cause to believe that a person has committed a misdemeanor, civil infraction or 381 violation for which the city or town has allowed non-criminal disposition may ask the person to 382 provide the person’s name or address, where applicable. If, having been advised by the officer 383 that failure to provide the person’s name or address may result in the person’s arrest, and the 384 person refuses to provide the person’s name or address, provides a false name or address or 385 provides a name or address that is not the person’s name or address in ordinary use, the person 386 may be arrested without a warrant. 387 Such an ordinance or by-law shall provide that a police officer who has probable cause to 388 believe that a person has committed a misdemeanor, civil infraction or violation may, as an 389 alternative to initiating criminal proceedings, provide to the person alleged to have committed 390 the misdemeanor, civil infraction or violation a written notice to appear before the clerk of the 391 district court with jurisdiction over the misdemeanor, civil infraction or violation during office 392 hours, not later than 21 days after the date of the notice. The notice shall be produced in triplicate 393 and shall contain the name and address, if known, of the person alleged to have committed the 394 offense, the specific offense charged and the time and place of any required appearance. The 395 notice shall be signed by the issuing police officer. If the person alleged to have committed the 396 offense fails, without good cause, to appear in response to the written notice and the court has 397 satisfactory proof of service of the notice, an arrest warrant may be issued and shall be served by 398 any officer authorized to serve criminal process. 399 SECTION 30. Section 98 of chapter 41 of the General Laws, as so appearing, is hereby 400 amended by striking out the second paragraph. Page 20 of 174 401 SECTION 31. Section 98F of said chapter 41, as so appearing, is hereby amended by 402 striking out, in line 18, the words “or (iii)” and inserting in place thereof the following words:- , 403 (iii). 404 SECTION 32. Said section 98F of said chapter 41, as so appearing, is hereby further 405 amended by inserting after the figure “209A”, in line 21, the following words:- , or (iv) any entry 406 concerning the arrest of a person who has not yet reached the age of criminal majority. 407 SECTION 33. Section 1 of chapter 46 of the General Laws, as so appearing, is hereby 408 amended by inserting after the word “sex”, in line 23, the following words:- , gender identity as 409 defined in section 7 of chapter 4. 410 SECTION 34. Subsection (b) of section 37P of chapter 71 of the General Laws, as so 411 appearing, is hereby amended by striking out the second paragraph and inserting in place thereof 412 the following paragraph:- 413 In selecting a school resource officer, the chief of police shall consider candidates that the 414 chief believes would strive to foster an optimal learning environment and educational 415 community; provided, however, that the chief of police shall give preference, to the extent 416 practicable, to candidates who have received specialized training in one or more of the following 417 areas: (i) child and adolescent development; (ii) de-escalation and conflict resolution techniques 418 with children and adolescents; (iii) behavioral health disorders in children and adolescents; (iv) 419 alternatives to arrest and other juvenile justice diversion strategies; (v) and behavioral threat 420 assessment methods. The appointment of a school resource officer shall not be based on 421 seniority. 422 The performance of a school resource officer shall be reviewed annually by the 423 superintendent and the chief of police. The superintendent and the chief of police shall enter into Page 21 of 174 424 a written memorandum of understanding to clearly define the role and duties of the school 425 resource officers. The memorandum shall be placed on file in the office of the school 426 superintendent and police chief. The memorandum shall: (i) state that school resource officers 427 may use arrest, citation and court referral only when necessary to address and prevent real and 428 immediate threats to the physical safety of the members of the school and the wider community; 429 (ii) state that it is the responsibility of school officials to impose discipline for non-violent school 430 infractions such as tardiness, loitering, use of profanity, dress code violations and disruptive or 431 disrespectful behaviors; (iii) set forth protocols for utilizing the expertise of mental health 432 professionals in addressing the needs of students with behavioral and emotional difficulties, in 433 crisis situations and otherwise; (iv) require that a school resource officer devote a significant 434 portion of time that the officer devotes to professional development activities and to school- 435 based or other training that promotes heightened awareness of the challenges faced by students in 436 the school to which the officer is assigned, with an emphasis on professional development 437 activities that impart information regarding child development, including the incidence and 438 impact of adverse childhood experiences, de-escalation techniques and implicit or unconscious 439 bias; (v) specify how the school and police departments will regularly monitor and assure that a 440 school resource officer is complying with the terms of the memorandum and avoiding 441 inappropriate arrest, citation or court referral; and (vi) specify the manner and division of 442 responsibility for collecting and reporting the school-based arrests, citations and court referrals 443 of students to the department of elementary and secondary education in accordance with 444 regulations promulgated by the department, which shall collect and publish disaggregated data in 445 a like manner as school discipline data made available for public review. Page 22 of 174 446 SECTION 35. Section 8A of chapter 90 of the General Laws, as so appearing, is hereby 447 amended by striking out, in line 33, the words “of the vapors of glue” and inserting in place 448 thereof the following words:- from smelling or inhaling the fumes of any substance having the 449 property of releasing toxic vapors as defined in section 18 of chapter 270. 450 SECTION 36. Section 8A ½ of said chapter 90, as so appearing, is hereby amended by 451 striking out, in lines 29 and 30, the words “the vapors of glue” and inserting in place thereof the 452 following words:- from smelling or inhaling the fumes of any substance having the property of 453 releasing toxic vapors as defined in section 18 of chapter 270. 454 SECTION 37. Section 21 of said chapter 90, as so appearing, is hereby amended by 455 striking out, in line 27, the words “under the influence of the vapors of glue” and inserting in 456 place thereof the following words:- while under the influence from smelling or inhaling the 457 fumes of any substance having the property of releasing toxic vapors as defined in section 18 of 458 chapter 270. 459 SECTION 38. Section 22 of chapter 90 of the General Laws, as so appearing, is hereby 460 amended by striking out subsection (i). 461 SECTION 39. Section 23 of said chapter 90, as so appearing, is hereby amended by 462 inserting after the figure “$500”, in line 53, the following words:- ; provided, however, that a 463 finding of delinquency shall not be entered against such a person in a proceeding for a complaint 464 issued for violation of this section. 465 SECTION 40. Section 24 of said chapter 90, as so appearing, is hereby amended by 466 striking out, in lines 8 and 759, the words “the vapors of glue” and inserting in place thereof, in 467 each instance, the following words:- while under the influence from smelling or inhaling the Page 23 of 174 468 fumes of any substance having the property of releasing toxic vapors as defined in section 18 of 469 chapter 270. 470 SECTION 41. Said section 24 of said chapter 90, as so appearing, is hereby further 471 amended by striking out, in lines 22 and 23 and in lines 816 and 817, the words “not be subject 472 to reduction or waiver by the court for any reason” and inserting in place thereof, in each 473 instance, the following words:- be waived or reduced if it will impose a substantial financial 474 hardship on the person or the person’s family or dependents. 475 SECTION 42. Said section 24 of said chapter 90, as so appearing, is hereby further 476 amended by striking out, in line 32, the words “not be subject to waiver by the court for any 477 reason” and inserting in place thereof the following words:- be waived or reduced if it will 478 impose a substantial financial hardship on the person or the person’s family or dependents. 479 SECTION 43. Said section 24 of said chapter 90, as so appearing, is hereby further 480 amended by striking out, in line 319, the words “or twenty-four E, or” and inserting in place 481 thereof the following word:- or. 482 SECTION 44. Said section 24 of said chapter 90, as so appearing, is hereby further 483 amended by inserting after the figure “(b)”, in line 320, the following words:- for being under 484 the influence of a controlled substance or the vapors of glue. 485 SECTION 45. Subparagraph (1) of paragraph (c) of subdivision (1) of said section 24 of 486 said chapter 90, as so appearing, is hereby amended by adding the following paragraph:- 487 Where the license or right to operate of a person has been revoked pursuant to sections 488 24D or 24E or pursuant to paragraph (b) for operating a motor vehicle with a percentage, by 489 weight, of alcohol in the operator’s blood of .08 or greater and the person has not been convicted Page 24 of 174 490 of a like offense or has not been assigned to an alcohol or controlled substance education, 491 treatment or rehabilitation program because of a like offense by a court of the commonwealth or 492 any other jurisdiction preceding the date of the commission of the offense for which the person 493 was convicted, the registrar shall not restore the license or reinstate the right to operate to the 494 person unless the prosecution of the person has been terminated in favor of the defendant, until 1 495 year after the date of conviction; provided, however, that such a person may, after receiving 496 notice of the revocation from the registrar, apply for the issuance of an ignition interlock license. 497 Mandatory restrictions on an ignition interlock license granted by the registrar pursuant to this 498 subparagraph shall include, but shall not be limited to: (i) proof in a format determined by the 499 registrar that a functioning certified ignition interlock device is installed on vehicles that will be 500 operated by the person during the term of the ignition interlock license; and (ii) an attestation that 501 ignition interlock devices will be maintained on all vehicles to be operated by the person. A 502 person with an ignition interlock license shall be prohibited from operating vehicles without an 503 ignition interlock device for the duration of the license. Failure of the person to remain in 504 compliance with court probation shall be cause for immediate revocation of the ignition interlock 505 license. The registrar shall provide notice of a revocation to the person issued the ignition 506 interlock license at the address of record at the registry. 507 SECTION 46. Said section 24 of said chapter 90, as so appearing, is hereby further 508 amended by inserting after the figure “(b)”, in line 347, the following words:- for being under the 509 influence of a controlled substance or the vapors of glue. 510 SECTION 47. Subparagraph (2) of said paragraph (c) of said subdivision (1) of said 511 section 24 of said chapter 90, as so appearing, is hereby amended by striking out the last 512 sentence. Page 25 of 174 513 SECTION 48. Said subparagraph (2) of said paragraph (c) of said subdivision (1) of said 514 section 24 of said chapter 90, as so appearing, is hereby further amended by adding the following 515 paragraph:- 516 Where the license or the right to operate of a person has been revoked pursuant to 517 paragraph (b) for operating a motor vehicle with a percentage, by weight, of alcohol in the 518 operator’s blood of .08 or greater and the person has been previously convicted of a like offense 519 or assigned to an alcohol or controlled substance education, treatment or rehabilitation program 520 by a court of the commonwealth or any other jurisdiction because of a like offense preceding the 521 date of the commission of the offense for which that person has been convicted, the registrar 522 shall not restore the license or reinstate the right to operate of the person unless the prosecution 523 of that person has been terminated in favor of the defendant, until 1 year after the date of 524 conviction; provided, however, that such person may, after receiving notice from the registrar, 525 apply for the issuance of an ignition interlock license. That person shall provide proof in a format 526 acceptable to the registrar that the person has enrolled in and is successfully completing the 527 residential treatment program in subparagraph (4) of paragraph (a) of subdivision (1) or a 528 treatment program mandated by section 24D or has completed the incarcerated portion of the 529 sentence. Mandatory restrictions on an ignition interlock license granted by the registrar pursuant 530 to this subparagraph shall include, but shall not be limited to: (i) proof in a format determined by 531 the registrar that a functioning certified ignition interlock device is installed on vehicles that will 532 be operated by the person during the term of the ignition interlock license; and (ii) an attestation 533 that ignition interlock devices will be maintained on all vehicles to be operated by the person. A 534 person with an ignition interlock license shall be prohibited from operating vehicles without an 535 ignition interlock device for the duration of the license. Failure of the person to remain in Page 26 of 174 536 compliance with court probation shall be cause for immediate revocation of the ignition interlock 537 license. The registrar shall provide notice of a revocation to the person issued the ignition 538 interlock license at the address of record at the registry. 539 SECTION 49. Said section 24 of said chapter 90, as so appearing, is hereby further 540 amended by inserting after the figure “(b)”, in line 382, the following words:- for being under the 541 influence of a controlled substance or the vapors of glue. 542 SECTION 50. Subparagraph (3) of said paragraph (c) of said subdivision (1) of said 543 section 24 of said chapter 90, as so appearing, is hereby amended by striking out the last 544 sentence. 545 SECTION 51. Said subparagraph (3) of said paragraph (c) of said subdivision (1) of said 546 section 24 of said chapter 90, as so appearing, is hereby further amended by adding the following 547 paragraph:- 548 Where the license or right to operate of a person has been revoked pursuant to paragraph 549 (b) for operating a motor vehicle with a percentage, by weight, of alcohol in the operator’s blood 550 of .08 or greater and the person has been previously convicted of a like offense or assigned to an 551 alcohol or controlled substance education, treatment or rehabilitation program because of a like 552 offense by a court of the commonwealth or any other jurisdiction 2 times preceding the date of 553 the commission of the offense for which that person has been convicted or where the license or 554 right to operate has been revoked due to a violation section 23 and such revocation was made 555 pursuant to paragraph (b) or section 24D or 24E, the registrar shall not restore the license or 556 reinstate the right to operate to the person, unless the prosecution of the person has terminated in 557 favor of the defendant, until 8 years after the date of conviction; provided, however, that such a Page 27 of 174 558 person may, after completion of the incarcerated portion of the sentence, apply for an ignition 559 interlock license for the balance of the 8 year revocation period. The person shall provide proof 560 in a format acceptable to the registrar that the person has enrolled in and is successfully 561 completing the residential treatment program in subparagraph (4) of paragraph (a) of subdivision 562 (1) or such treatment program mandated by section 24D. Mandatory restrictions on an ignition 563 interlock license granted by the registrar pursuant to this subparagraph shall include, but shall not 564 be limited to: (i) proof in a format determined by the registrar that a functioning certified ignition 565 interlock device is installed on vehicles that will be operated by the person during the term of the 566 ignition interlock license; and (ii) an attestation that ignition interlock devices will be maintained 567 on all vehicles to be operated by the person. A person with an ignition interlock license shall be 568 prohibited from operating vehicles without an ignition interlock device for the duration of the 569 license. Failure of the person to remain in compliance with court probation shall be cause for 570 immediate revocation of the ignition interlock license. The registrar shall provide notice of a 571 revocation to the person issued the ignition interlock license at the address of record at the 572 registry. 573 SECTION 52. Said section 24 of said chapter 90, as so appearing, is hereby further 574 amended by inserting after the figure “(b)”, in line 417, the following words:- for being under the 575 influence of a controlled substance or the vapors of glue. 576 SECTION 53. Subparagraph (3½) of said paragraph (c) of said subdivision (1) of said 577 section 24 of said chapter 90, as so appearing, is hereby amended by striking out the last 578 sentence. Page 28 of 174 579 SECTION 54. Said subparagraph (3½) of said paragraph (c) of said subdivision (1) of 580 said section 24 of said chapter 90, as so appearing, is hereby further amended by adding the 581 following paragraph:- 582 Where the license or the right to operate of a person has been revoked pursuant to 583 subsection (b) for operating a motor vehicle with a percentage, by weight, of alcohol in the 584 operator’s blood of .08 or greater and the person has been previously convicted of a like offense 585 or assigned to an alcohol or controlled substance education, treatment or rehabilitation program 586 by a court of the commonwealth or any other jurisdiction because of a like offense 3 times 587 preceding the date of the commission of the offense for which the person has been convicted, the 588 registrar shall not restore the license or reinstate the right to operate of that person unless the 589 prosecution of that person has been terminated in favor of the defendant, until 10 years after the 590 date of the conviction; provided, however, that such a person may, after the completion of the 591 incarcerated portion of the sentence, apply for the issuance of an ignition interlock license. The 592 person shall provide proof in a format acceptable to the registrar that the person has enrolled in 593 and is successfully completing the residential treatment program in subparagraph (4) of 594 paragraph (a) of subdivision (1) or a treatment program mandated by section 24D. The ignition 595 interlock license shall not be removed for the life of the person; provided, however, that the 596 person may petition the registrar for removal not less than 10 years after the issuance of the 597 ignition interlock license and not less than every 5 years thereafter. Mandatory restrictions on an 598 ignition interlock license granted by the registrar pursuant to this subparagraph shall include, but 599 shall not be limited to: (i) proof in a format determined by the registrar that a functioning 600 certified ignition interlock device is installed on vehicles that will be operated by the person 601 during the term of the ignition interlock license; and (ii) an attestation that ignition interlock Page 29 of 174 602 devices will be maintained on all vehicles to be operated by the person. A person with an ignition 603 interlock license shall be prohibited from operating vehicles without an ignition interlock device 604 for the duration of the license. Failure of the person to remain in compliance with probation shall 605 be cause for immediate revocation of the ignition interlock license. The registrar shall provide 606 notice of a revocation to the person issued the ignition interlock license at the address of record 607 at the registry. An aggrieved party may appeal, in accordance with chapter 30A, from an order of 608 the registrar of motor vehicles pursuant to this subparagraph. 609 SECTION 55. Said paragraph (c) of said subdivision (1) of said section 24 of said chapter 610 90, as so appearing, is hereby further amended by striking out subparagraph (3¾) and inserting in 611 place thereof the following subparagraph:- 612 (3¾) Where the license or the right to operate of a person has been revoked pursuant to 613 paragraph (b) and that person was previously convicted of a like offense or assigned to an 614 alcohol or controlled substance education, treatment or rehabilitation program by a court of the 615 commonwealth or any other jurisdiction because of a like offense not less than 4 times preceding 616 the date of the commission of the offense for which the person has been convicted, that person's 617 license or right to operate a motor vehicle shall be revoked for the life of that person; provided, 618 however, that such a person may, after completion of the incarcerated portion of the sentence, 619 apply for an ignition interlock license. The person shall provide proof in a format acceptable to 620 the registrar that the person has enrolled in and has successfully completed or is successfully 621 completing the residential treatment program in subparagraph (4) of paragraph (a) of subdivision 622 (1) or a treatment program mandated by section 24D and has completed the incarcerated portion 623 of the sentence. The ignition interlock license shall not be removed for the life of the person; 624 provided, however, that the person may petition the registrar for removal not less than 10 years Page 30 of 174 625 after the issuance of the ignition interlock license and not less than every 5 years thereafter. 626 Mandatory restrictions on an ignition interlock license granted by the registrar pursuant to this 627 subparagraph shall include, but shall not be limited to: (i) proof in a format determined by the 628 registrar that a functioning certified ignition interlock device is installed on vehicles that will be 629 operated by the person during the term of the ignition interlock license; and (ii) an attestation that 630 ignition interlock devices will be maintained on all vehicles to be operated by the person. A 631 person with an ignition interlock license shall be prohibited from operating vehicles without an 632 ignition interlock device for the duration of the license. Failure of the person to remain in 633 compliance with probation shall be cause for immediate revocation of the ignition interlock 634 license. An aggrieved party may appeal, in accordance with chapter 30A, from an order of the 635 registrar of motor vehicles pursuant to this subparagraph. 636 SECTION 56. Said section 24 of said chapter 90, as so appearing, is hereby further 637 amended by striking out, in line 575, the word “restistrar” and inserting in place thereof the 638 following word:- registrar. 639 SECTION 57. The fourth paragraph of subparagraph (1) of paragraph (f) of said 640 subdivision (1) of said section 24 of said chapter 90, as so appearing, is hereby further amended 641 by striking out the first sentence and inserting in place thereof the following 4 sentences:- A 642 person who refuses to submit to a chemical test or analysis of breath or blood may apply for the 643 issuance of an ignition interlock license, on or after the effective date of the suspension, for the 644 balance of the suspension period imposed by this paragraph. A mandatory restriction on an 645 ignition interlock license granted by the registrar pursuant to this subparagraph shall include, but 646 shall not be limited to: (i) proof in a format determined by the registrar that a functioning 647 certified ignition interlock device is installed on vehicles that will be operated by the person Page 31 of 174 648 during the term of the ignition interlock license; and (ii) an attestation that ignition interlock 649 devices will be maintained on all vehicles to be operated by the person. A person with an ignition 650 interlock license shall be prohibited from operating vehicles without an ignition interlock device 651 for the duration of the license. A person issued an ignition interlock license pursuant to this 652 subparagraph shall not receive credit against an additional ignition interlock requirement arising 653 from the same incident or from another incident. A defendant, during the suspension period 654 imposed by this paragraph, may immediately, upon the entry of a not guilty finding or dismissal 655 of all charges under this section, section 24G, section 24L or section 13½ of chapter 265, and in 656 the absence of any other alcohol related charges pending against the defendant, apply for and be 657 immediately granted a hearing before the court that took final action on the charges to request the 658 restoration of the person’s license. 659 SECTION 58. Subparagraph (2) of said paragraph (f) of said subdivision (1) of said 660 section 24 of said chapter 90, as so appearing, is hereby amended by inserting after the second 661 paragraph the following paragraph:- 662 A person may apply in advance of or after the effective date of a suspension under this 663 subparagraph for the issuance of an ignition interlock license for the balance of the suspension 664 period listed in this paragraph. Mandatory restrictions on an ignition interlock license granted by 665 the registrar pursuant to this subparagraph shall include, but shall not be limited to: (i) proof in a 666 format determined by the registrar that a functioning certified ignition interlock device is 667 installed on vehicles that will be operated by the person during the term of the ignition interlock 668 license; and (ii) an attestation that ignition interlock devices will be maintained on all vehicles to 669 be operated by the person. A person with an ignition interlock license shall be prohibited from 670 operating vehicles without an ignition interlock device for the duration of the license. A Page 32 of 174 671 suspension for failure of a chemical test or analysis of breath or blood shall run consecutively, 672 both as to any additional suspension periods arising from the same incident and as to each other. 673 A person issued an ignition interlock license pursuant to this subparagraph shall receive day for 674 day credit against an additional ignition interlock requirement arising from the same incident. 675 SECTION 59. Paragraph (g) of said subdivision (1) of said section 24 of said chapter 90, 676 as so appearing, is hereby amended by inserting after the first paragraph the following 677 paragraph:- 678 The application for the issuance of an ignition interlock license for the period during 679 which a person’s license, permit or right to operate is suspended pursuant to subparagraph (1) of 680 paragraph (f) shall waive the person’s right to a hearing pursuant to this subparagraph. 681 SECTION 60. Said chapter 90 is hereby further amended by striking out section 24½, as 682 so appearing, and inserting in place thereof the following section:- 683 Section 24½. (a) A person whose license has been suspended in the commonwealth or 684 any other jurisdiction by reason of an assignment to an alcohol education, treatment or 685 rehabilitation program or because of a conviction for a violation of subsection (a) of section 24G, 686 or operating a motor vehicle with a percentage by weight of blood alcohol of .08 or greater or 687 while under the influence of intoxicating liquor in violation of paragraph (a) of subdivision (1) of 688 section 24, subsection (b) of said section 24G, section 24L, section 13½ of chapter 265, 689 subsection (a) of section 8 of chapter 90B, section 8A or 8B of said chapter 90B or, in the case of 690 another jurisdiction, for any like offense, shall not be issued a new license or right to operate or 691 have such a license or right to operate restored if the person has previously been so assigned or 692 convicted unless the person provides proof in a format acceptable to the registrar that the person Page 33 of 174 693 has a functioning certified ignition interlock device installed on all vehicles to be operated by 694 that person as a precondition for the issuance, reissuance or restoration of a license or right to 695 operate. A functioning certified ignition interlock device shall be installed and maintained on all 696 vehicles operated by any such person for a period of 2 years. 697 (b) A person whose license or right to operate is restricted to operating vehicles equipped 698 with a functioning certified ignition interlock device shall have such a device inspected, 699 maintained and monitored in accordance with regulations that shall be promulgated by the 700 registrar. The ignition interlock device shall be calibrated to prevent the motor vehicle from 701 being started with the breath sample provided has an alcohol concentration of 0.025 or more. The 702 ignition interlock device shall remain in place until the registrar receives a declaration from the 703 person's ignition interlock device vendor, in a form provided or approved by the registry, 704 certifying that there have been none of the following incidents in the 6 consecutive months prior 705 to the date the person seeks removal of the device: (i) any attempt to start the vehicle with a 706 breath alcohol concentration of 0.04 or more unless a subsequent test performed within ten 707 minutes registers a breath alcohol concentration lower than 0.04; (ii) failure to take any random 708 test; (iii) failure to pass any random retest with a breath alcohol concentration of 0.025 or lower; 709 (iv) any attempt to remove, tamper or circumvent the proper operation of the device; or (v) 710 failure of the person to appear at the ignition interlock device vendor when required for 711 maintenance, repair, calibration, monitoring, inspection, or replacement of the device. 712 SECTION 61. Section 24D of said chapter 90, as so appearing, is hereby amended by 713 striking out, in lines 4 and in lines 17 and 18, the words “the vapors of glue” and inserting in 714 place thereof, in each instance, the following words:- while under the influence from smelling or Page 34 of 174 715 inhaling the fumes of any substance having the property of releasing toxic vapors as defined in 716 section 18 of chapter 270. 717 SECTION 62. Said section 24D of said chapter 90, as so appearing, is hereby further 718 amended by inserting after the word “defendant”, in line 65, the following words:- whose 719 disposition resulted from the use of a controlled substance or the vapors of glue. 720 SECTION 63. The fourth paragraph of said section 24D of said chapter 90, as so 721 appearing, is hereby amended by inserting after the fifth sentence the following sentence:- 722 Notwithstanding subparagraph (1) of paragraph (c) of subdivision (1) of section 24, 723 subparagraph (1) of paragraph (f) of subdivision (1) of said section 24 and section 24P, a 724 defendant whose disposition resulted from a conviction or charge of alcohol in their blood of .08 725 or greater or while under the influence of intoxicating liquor may immediately upon entering a 726 program pursuant to this section apply to the registrar for issuance of an ignition interlock license 727 for the probation period. A mandatory restriction on an ignition interlock license granted by the 728 registrar pursuant to this paragraph shall include, but shall not be limited to: (i) proof in a format 729 determined by the registrar that a functioning certified ignition interlock device is installed on 730 vehicles that will be operated by the person during the term of the ignition interlock license; and 731 (ii) an attestation that ignition interlock devices will be maintained on all vehicles to be operated 732 by the person. A person with an ignition interlock license shall be prohibited from operating 733 vehicles without an ignition interlock device for the duration of the license. 734 SECTION 64. Said section 24D of said chapter 90, as so appearing, is hereby further 735 amended by inserting after the word “hardship”, in lines 76 and 81, each time it appears, the 736 following words:- or ignition interlock Page 35 of 174 737 SECTION 65. Said section 24D of said chapter 90, as so appearing, is hereby further 738 amended by striking out, in lines 138 and 139, the words “cause a grave and serious hardship to 739 such individual or to the family of such individual” and inserting in place thereof the following 740 words:- impose a substantial financial hardship on the person or the person’s family or 741 dependents. 742 SECTION 66. Said section 24D of said chapter 90, as so appearing, is hereby further 743 amended by striking out, in lines 173 and 174, the words “cause a grave and serious hardship to 744 such individual or to the family thereof” and inserting in place thereof the following words:- 745 impose a substantial financial hardship on the person or the person’s family or dependents. 746 SECTION 67. Section 24E of said chapter 90, as so appearing, is hereby amended by 747 inserting after the word “program”, in line 38, the following words:- and may include a written 748 statement by the supervisor of the ignition interlock provider used by the person detailing the 749 person’s compliance with the ignition interlock requirement. 750 SECTION 68. Said section 24E of said chapter 90, as so appearing, is hereby further 751 amended by inserting after the word “operate”, in lines 66 and 67, each time it appears, the 752 following words:- or an ignition interlock license. 753 SECTION 69. Section 24G of said chapter 90, as so appearing, is hereby amended by 754 striking out, in lines 8 and 43, the words “vapors of glue” and inserting in place thereof, in each 755 instance, the following words:- while under the influence from smelling or inhaling the fumes of 756 any substance having the property of releasing toxic vapors as defined in section 18 of chapter 757 270. Page 36 of 174 758 SECTION 70. Section 24G of said chapter 90, as so appearing, is hereby amended adding 759 the following subsection:- 760 (d) Upon completion of the period of imprisonment prescribed in subsection (a) or (b) for 761 an offense involving operating a motor vehicle with a percentage, by weight, of alcohol in the 762 blood of .08 or greater or while under the influence of intoxicating liquor, a person may apply to 763 the registrar for the issuance of an ignition interlock license for the remainder of the revocation 764 period designated in subsection (c). The registrar may issue such a license under such terms and 765 conditions as appropriate and necessary for the balance of the revocation period listed in this 766 subsection. Mandatory restrictions on an ignition interlock license granted by the registrar 767 pursuant to this subsection shall include, but shall not be limited to: (i) proof in a format 768 determined by the registrar that a functioning certified ignition interlock device is installed on 769 vehicles that will be operated by the person during the term of the ignition interlock license; and 770 (ii) an attestation that ignition interlock devices will be maintained on all vehicles to be operated 771 by the person. A person with an ignition interlock license shall be prohibited from operating 772 vehicles without an ignition interlock device for the duration of the license. Failure of the person 773 to remain in compliance with the sentence or court probation shall be cause for immediate 774 revocation of the ignition interlock license. The registrar shall provide notice a revocation to the 775 person issued the ignition interlock license at the address of record at the registry. 776 SECTION 71. Chapter 90 of the General Laws is hereby amended by striking out section 777 24G, as so appearing, and inserting in place thereof the following section:- 778 Section 24G. (a) Whoever, upon any way or in any place to which the public has a right 779 of access, or upon any way or in any place to which members of the public have access as Page 37 of 174 780 invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their 781 blood of .08 or greater, or while under the influence of intoxicating liquor, or of marijuana, 782 narcotic drugs, depressants or stimulant substances, all as defined in section 1 of chapter 94C, or 783 from smelling or inhaling the fumes of any substance having the property of releasing toxic 784 vapors as defined in section 18 of chapter 270, and so operates a motor vehicle recklessly or 785 negligently so that the lives or safety of the public might be endangered, and by any such 786 operation so described causes the death of another person, shall be guilty of homicide by a motor 787 vehicle while under the influence of an intoxicating substance, and shall be punished by 788 imprisonment in the state prison for not less than 2 ½ years or more than 15 years and a fine of 789 not more than $5,000, or by imprisonment in a jail or house of correction for not less than 1 year 790 nor more than 2 ½ years and a fine of not more than $5,000. The sentence imposed upon such 791 person shall not be reduced to less than 1 year, nor suspended, nor shall any person convicted 792 under this subsection be eligible for probation, parole, or furlough or receive any deduction from 793 a sentence until such person has served at least 1 year of such sentence; provided, however, that 794 the commissioner of correction may, on the recommendation of the warden, superintendent or 795 other person in charge of a correctional institution or the administrator of a county correctional 796 institution grant to an offender committed under this subsection a temporary release in the 797 custody of an officer of such institution for the following purposes only: (i) to attend the funeral 798 of a relative; (ii) to visit a critically ill relative; (iii) to obtain emergency medical or psychiatric 799 services unavailable at said institution; or (iv) to engage in employment pursuant to a work 800 release program. Prosecutions commenced under this section shall neither be continued without a 801 finding nor placed on file. Page 38 of 174 802 Section 87 of chapter 276 shall not apply to any person charged with a violation of this 803 subsection. 804 (b) Whoever, upon any way or in any place to which the public has a right of access or 805 upon any way or in any place to which members of the public have access as invitees or 806 licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of .08 807 or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, 808 depressants or stimulant substances, all as defined in section 1 of chapter 94C, or from smelling 809 or inhaling the fumes of any substance having the property of releasing toxic vapors as defined in 810 section 18 of chapter 270, or whoever operates a motor vehicle negligently so that the lives or 811 safety of the public might be endangered and by any such operation causes the death of another 812 person, shall be guilty of homicide by a motor vehicle and shall be punished by imprisonment in 813 a jail or house of correction for not less than 30 days nor more than 2 ½ years, or by a fine of not 814 less than $300 nor more than $3,000 dollars, or both. 815 (c) Whoever, upon any way or in any place to which the public has a right of access or 816 upon any way or in any place to which members of the public have access as invitees or 817 licensees, operates a motor vehicle recklessly so that the lives or safety of the public might be 818 endangered and by any such operation causes the death of another person, shall be guilty of 819 reckless homicide by a motor vehicle and shall be punished by imprisonment in a jail or house of 820 correction for not more than 2 ½ years, or by imprisonment in the state prison for not more than 821 5 years, or by a fine of not more than $3,000 dollars, or by both such fine and imprisonment. For 822 the purpose of this section, a person operates recklessly when that person consciously disregards 823 a substantial and unjustifiable risk that the lives or safety of the public might be endangered. Page 39 of 174 824 (d) When a motor vehicle is the instrument of the offense, the registrar shall revoke the 825 license or right to operate of a person convicted of a violation of subsection (a), (b) or (c), or 826 punished under section 13 of chapter 265, for a period of 10 years after the date of conviction for 827 a first offense. The registrar shall revoke the license or right to operate of a person convicted for 828 a subsequent violation of this section for the life of such person. No appeal, motion for a new 829 trial or exceptions shall operate to stay the revocation of the license or of the right to operate; 830 provided, however, such license shall be restored or such right to operate shall be reinstated if the 831 prosecution of such person ultimately terminates in favor of the defendant. 832 SECTION 72. Section 24L of said chapter 90, as so appearing, is hereby amended by 833 striking out, in lines 8 and 43, the words “vapors of glue” and inserting in place thereof, in each 834 instance, the following words:- while under the influence from smelling or inhaling the fumes of 835 any substance having the property of releasing toxic vapors as defined in section 18 of chapter 836 270. 837 SECTION 73. Section 24L of said chapter 90, as so appearing, is hereby amended by 838 adding the following subdivision:- 839 (5) Upon completion of the period of imprisonment prescribed in subdivision (1) or (2) 840 for an offense involving operating a motor vehicle with a percentage, by weight, of alcohol in the 841 blood of .08 or greater or while under the influence of intoxicating liquor, a person may apply to 842 the registrar for the issuance of an ignition interlock license for the remainder of the revocation 843 period designated in subdivision (4). The registrar may issue such a license under such terms and 844 conditions as appropriate and necessary for the balance of the revocation period listed in this 845 subsection. Mandatory restrictions on an ignition interlock license granted by the registrar 846 pursuant to this subdivision shall include, but shall not be limited to: (i) proof in a format Page 40 of 174 847 determined by the registrar that a functioning certified ignition interlock device is installed on 848 vehicles that will be operated by the person during the term of the ignition interlock license; and 849 (ii) an attestation that ignition interlock devices will be maintained on all vehicles to be operated 850 by the person. A person with an ignition interlock license shall be prohibited from operating 851 vehicles without an ignition interlock device for the duration of the license. Failure of the person 852 to remain in compliance with the sentence or court probation shall be cause for immediate 853 revocation of the ignition interlock license. The registrar shall provide notice of a revocation to 854 the person issued the ignition interlock license at the address of record at the registry. 855 SECTION 74. Section 24N of said chapter 90, as so appearing, is hereby amended by 856 inserting after the word “days”, in line 38, the following words:- ; provided, however, that such a 857 person may apply, on or after the effective date of the suspension, for the issuance of an ignition 858 interlock license for the balance of the suspension period listed in this subsection; provided 859 further, that mandatory restrictions on an ignition interlock license granted by the registrar 860 pursuant to this section shall include, but shall not be limited to: (i) proof in a format determined 861 by the registrar that a functioning certified ignition interlock device is installed on vehicles that 862 will be operated by the person during the term of the ignition interlock license; and (ii) an 863 attestation that ignition interlock devices will be maintained on all vehicles to be operated by the 864 person. A person with an ignition interlock license shall be prohibited from operating vehicles 865 without an ignition interlock device for the duration of the license. A suspension for failure of a 866 chemical test or analysis of breath or blood shall run consecutively, both as to any additional 867 suspension periods arising from the same incident and as to each other. A person issued an 868 ignition interlock license pursuant to this section shall receive day-for-day credit against any 869 additional ignition interlock requirement arising from the same incident. Page 41 of 174 870 SECTION 75. Said section 24N of said chapter 90, as so appearing, is hereby further 871 amended by striking out, in lines 58 to 61, inclusive, the words “refusal. No license shall be 872 restored under any circumstances and no restricted or hardship permits shall be issued during the 873 suspension period imposed by this paragraph; provided, however, that the” and inserting in place 874 thereof the following words:- refusal; provided further, that a person who refused to submit to 875 such test or analysis may apply, on or after the effective date of the suspension, for the issuance 876 of an ignition interlock license for the balance of the suspension period listed in this section; 877 provided further, that mandatory restrictions on an ignition interlock license granted by the 878 registrar pursuant to this paragraph shall include, but shall not be limited to: (i) proof in a format 879 determined by the registrar that a functioning certified ignition interlock device is installed on 880 vehicles that will be operated by the person during the term of the ignition interlock license; and 881 (ii) an attestation that ignition interlock devices will be maintained on all vehicles to be operated 882 by the person. A person with an ignition interlock license shall be prohibited from operating 883 vehicles without an ignition interlock device for the duration of the license; provided however, 884 that a suspension for a refusal of either a chemical test or analysis of breath or blood shall run 885 consecutively, both as to any additional suspension periods arising from the same incident and as 886 to each other; provided further, that a person issued an ignition interlock license pursuant to this 887 section shall not receive credit against any additional ignition interlock requirement arising from 888 the same incident; provided further, that a. 889 SECTION 76. Said section 24N of said chapter 90, as so appearing, is hereby further 890 amended by adding the following paragraph:- The application for the issuance of an ignition 891 interlock license for the period during which a person’s license, permit or right to operate is Page 42 of 174 892 suspended pursuant to this section shall waive the person’s right to a hearing pursuant to this 893 section. 894 SECTION 77. Section 24W of said chapter 90, as so appearing, is hereby amended by 895 inserting after the words “ways and means”, in line 85, the following words:- and the clerks of 896 the senate and the house of representatives. 897 SECTION 78. Section 34J of said chapter 90, as so appearing, is hereby amended by 898 inserting after the figure “$500”, in line 59, the following words:- ; provided, however, that a 899 finding of delinquency shall not be entered against such a person in a proceeding for a complaint 900 issued for violation of this section. 901 SECTION 79. Section 8 of chapter 90B of the General Laws, as so appearing, is hereby 902 amended by striking out, in lines 6 and 508, the words “the vapors of glue” and inserting in place 903 thereof, in each instance, the following words:- from smelling or inhaling the fumes of any 904 substance having the property of releasing toxic vapors as defined in section 18 of chapter 270. 905 SECTION 80. Said section 8 of said chapter 90B, as so appearing, is hereby amended by 906 striking out, in lines 513 and 514, the words “not be subject to reduction or waiver by the court 907 for any reason” and inserting in place thereof the following words:- be waived or reduced if it 908 will impose a substantial financial hardship on the person or the person’s family or dependents. 909 SECTION 81. Section 8A of said chapter 90B, as so appearing, is hereby amended by 910 striking out, in lines 5 and 6, the words “the vapors of glue” and inserting in place thereof the 911 following words:- from smelling or inhaling the fumes of any substance having the property of 912 releasing toxic vapors as defined in section 18 of chapter 270. 913 SECTION 82. Said section 8A of said chapter 90B, as so appearing, is hereby further 914 amended by striking out, in line 36, the words “vapors of glue” and inserting in place thereof the Page 43 of 174 915 following words:- from smelling or inhaling the fumes of any substance having the property of 916 releasing toxic vapors as defined in section 18 of chapter 270. 917 SECTION 83. Section 8B of said chapter 90B, as so appearing, is hereby amended by 918 striking out, in lines 5 and 6 and 38 and 39, the words “the vapors of glue” and inserting in place 919 thereof, in each instance, the following words:- from smelling or inhaling the fumes of any 920 substance having the property of releasing toxic vapors as defined in section 18 of chapter 270. 921 SECTION 84. Section 26A of said chapter 90B, as so appearing, is hereby amended by 922 striking out, in line 8 and 17, the words “the vapors of glue” and inserting in place thereof, in 923 each instance, the following words:- from smelling or inhaling the fumes of any substance 924 having the property of releasing toxic vapors as defined in section 18 of chapter 270. 925 SECTION 85. Paragraph (6) of subsection (A) of section 3 of chapter 90C of the General 926 Laws, as so appearing, is hereby amended by adding the following subparagraph:- 927 (d) A violator may request a payment plan for the payment of the violator’s assessment to 928 the registrar or the registrar’s authorized agent. If the violator requests a payment plan, the 929 registrar shall determine a monthly payment plan that takes the violator’s ability to pay into 930 consideration; provided, however, that a monthly payment shall not be less than $25. The 931 payment plan shall be sufficient to discharge the violator of all reinstatement fees and underlying 932 fines assessed to the violator. The term of a payment plan under this section shall be not more 933 than 12 months. During the period of the payment plan, the registrar shall defer any suspension 934 otherwise required by this section as a result of the civil motor vehicle infraction. 935 If a violator signs a payment plan approved by the registrar and fails to make payments 936 on the plan, the registrar may suspend the violator’s license, learner’s permit or right to operate Page 44 of 174 937 without further notice or hearing. The registrar shall promulgate regulations to govern the 938 determination and use of payment plans. 939 SECTION 86. Class A of section 31 of chapter 94C of the General Laws, as so 940 appearing, is hereby amended by adding the following paragraph:- 941 (d) Unless specifically excepted or unless listed in another schedule, any material, 942 compound, mixture or preparation that contains any quantity of the following substances 943 including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and 944 salts of isomers is possible within the specific chemical designations: 945 (1) Acetyl Fentanyl 946 (2) Carfentanil 947 (3) Fentanyl 948 (4) Cyclopropyl fentanyl 949 (5) Furanyl fentanyl 950 (6) 3-methylfentanyl 951 (7) 3,4-Dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide also known as u- 952 47700 953 (8) Any synthetic opioid controlled in Schedule I of Title 21 of the Code of Federal 954 Regulations Part 1308.11 or Schedule II of Title 21 of the Code of Federal Regulations Part 955 1308.12, unless specifically excepted or unless listed in another class in this section. 956 SECTION 87. Paragraph (a) of Class B of said section 31 of said chapter 94C, as so 957 appearing, is hereby amended by striking out clause (4) and inserting in place thereof the 958 following clause:- Page 45 of 174 959 (4) Coca leaves, and their salts, optical and geometric isomers and salts of isomers, 960 excluding coca leaves and extracts of coca leaves from which cocaine, ecgonine and derivatives 961 of ecgonine or their salts have been removed; or cocaine, ecgonine, pseudococaine, allococaine 962 and pseudoallococaine, their derivatives, their salts, isomers and salts of their isomers; or any 963 compound, mixture or preparation which contains any quantity of any substances referred to in 964 this paragraph. 965 SECTION 88. Paragraph (b) of said Class B of said section 31 of said chapter 94C, as so 966 appearing, is hereby amended by striking out clauses (1) to (21), inclusive, and inserting in place 967 thereof the following 20 clauses:- 968 (1) Alphaprodine 969 (2) Anileridine 970 (3) Bezitramide 971 (4) Dihydrocodeine 972 (5) Diphenoxylate 973 (6) Isomethadone 974 (7) Levomethorphan 975 (8) Levorphanol 976 (9) Metazocine 977 (10) Methadone 978 (11) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane 979 (12) Moramide-Intermediate, 2-methyl-3 morpholine-1, 1-diphenyl-propane carboxylic 980 acid 981 (13) Pethidine Page 46 of 174 982 (14) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine 983 (15) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate 984 (16) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid 985 (17) Phenazocine 986 (18) Piminodine 987 (19) Racemethorphan 988 (20) Racemorphan 989 SECTION 89. Said chapter 94C is hereby further amended by striking out sections 32 to 990 32C, inclusive, as so appearing, and inserting in place thereof the following 4 sections:- 991 Section 32. A person who knowingly or intentionally manufactures, distributes, dispenses 992 or possesses with intent to manufacture, distribute or dispense a controlled substance in Class A 993 of section 31 shall be punished by imprisonment in the state prison for not more than 10 years or 994 in a jail or house of correction for not more than 2½ years, by a fine of not less than $1,000 nor 995 more than $10,000 or by both such fine and imprisonment. 996 Section 32A. A person who knowingly or intentionally manufactures, distributes, 997 dispenses or possesses with intent to manufacture, distribute or dispense a controlled substance 998 in Class B of section 31 shall be punished by imprisonment in the state prison for not more than 999 10 years or in a jail or house of correction for not more than 2½ years, by a fine of not less than 1000 $1,000 nor more than $10,000 or by both such fine and imprisonment. 1001 Section 32B. A person who knowingly or intentionally manufactures, distributes, 1002 dispenses or possesses with intent to manufacture, distribute or dispense a controlled substance 1003 in Class C of section 31 shall be imprisoned in state prison for not more than 5 years or in a jail Page 47 of 174 1004 or house of correction for not more than 2½ years, by a fine of not less than $500 nor more than 1005 $5,000 or by both such fine and imprisonment. 1006 Section 32C. A person who knowingly or intentionally manufactures, distributes, 1007 dispenses or cultivates, or possesses with intent to manufacture, distribute, dispense or cultivate a 1008 controlled substance in Class D of section 31 shall be imprisoned in a jail or house of correction 1009 for not more than 2 years or by a fine of not less than $500 nor more than $5,000, or by both 1010 such fine and imprisonment. 1011 SECTION 90. Section 32E of said chapter 94C, as so appearing, is hereby amended by 1012 striking out, in lines 46 and 47, the figure “18” and inserting in place thereof, in each instance, 1013 the following figure:- 100. 1014 SECTION 91. Subsection (b) of said section 32E of said chapter 94C, as so appearing, is 1015 hereby amended by striking out clauses (1) to (4), inclusive, and inserting in place thereof the 1016 following 2 clauses:- 1017 (1) Not less than 100 grams but less than 200 grams, be punished by a term of 1018 imprisonment in the state prison for not less than 8 nor more than 20 years and by a fine of not 1019 less than $10,000 nor more than $100,000; provided, however, that a sentence imposed under 1020 this clause shall not be for less than a mandatory minimum term of imprisonment of 8 years; 1021 provided further, that a fine shall not be imposed in lieu of the mandatory minimum term of 1022 imprisonment established in this clause. 1023 (2) Not less than 200 grams, be punished by a term of imprisonment in the state prison 1024 for not less than 12 nor more than 20 years and by a fine of not less than $50,000 nor more than 1025 $500,000; provided, however, that a sentence imposed under this clause shall not be for less than Page 48 of 174 1026 a mandatory minimum term of imprisonment of 12; provided further, that a fine shall not be 1027 imposed in lieu of the mandatory minimum term of imprisonment established in this clause. 1028 SECTION 92. Said section 32E of said chapter 94C, as so appearing, is hereby further 1029 amended by inserting after the word “thereof”, in line 80, the following words:- , a controlled 1030 substance defined in paragraph (d) of Class A of section 31. 1031 SECTION 93. Said section 32E of said chapter 94C, as so appearing, is hereby further 1032 amended by inserting after the word “thereof”, in line 85, the first time it appears, the following 1033 words:- , a controlled substance defined in paragraph (d) of Class A of section 31. 1034 SECTION 94. Said section 32E of said chapter 94C, as so appearing, is hereby further 1035 amended by inserting after the word “thereof”, in line 87, the following words:- , a controlled 1036 substance defined in paragraph (d) of Class A of section 31. 1037 SECTION 95. Said section 32E of said chapter 94C, as so appearing, is hereby further 1038 amended by inserting after the word “thereof”, in line 89, the first time it appears, the following 1039 words:- , a controlled substance defined in paragraph (d) of Class A of section 31. 1040 SECTION 96. Said section 32E of said chapter 94C, as so appearing, is hereby further 1041 amended by striking out subsection (c½). 1042 SECTION 97. Section 32H of said chapter 94C, as so appearing, is hereby amended by 1043 striking out, in lines 1 to 3, inclusive, the words “paragraph (b) of section thirty-two, paragraphs 1044 (b), (c) and (d) of section thirty-two A, paragraph (b) of section thirty-two B, sections” and 1045 inserting in place thereof the following word:- sections. 1046 SECTION 98. Said section 32H of said chapter 94C, as so appearing, is hereby further 1047 amended by striking out, in lines 3 and 4, the words “thirty-two E thirty-two F and thirty-two J” 1048 and inserting in place thereof the following words:- 32E and 32F. Page 49 of 174 1049 SECTION 99. Said section 32H of said chapter 94C, as so appearing, is hereby further 1050 amended by striking out, in lines 16 to 18, inclusive, the words “subsection (c) of Section 32, 1051 subsection (e) of section 32A, subsection (c) of section 32B, subsection (d) of section 32E, or 1052 section 32J” and inserting in place thereof the following words:- subsection (d) of section 32E. 1053 SECTION 100. Said section 32H of said chapter 94C, as so appearing, is hereby further 1054 amended by striking out, in line 33, the words “18 years of age or older” and inserting in place 1055 thereof the following words:- having attained the age of criminal majority. 1056 SECTION 101. Said section 32H of said chapter 94C, as so appearing, is hereby further 1057 amended by striking out, in line 34, the figure “18” and inserting in place thereof the following 1058 words:- the age of criminal majority. 1059 SECTION 102. Section 32I of said chapter 94C, as so appearing, is hereby amended by 1060 striking out, in line 10, the words “less than one nor”. 1061 SECTION 103. Said section 32I of said chapter 94C, as so appearing, is hereby further 1062 amended by striking out, in line 11, the words “less than five hundred nor”. 1063 SECTION 104. Said section 32I of said chapter 94C, as so appearing, is hereby further 1064 amended by striking out, in line 24, the words “less than fifty nor”. 1065 SECTION 105. Section 32J of said chapter 94C is hereby repealed. 1066 SECTION 106. Section 32M of said chapter 94C, as amended by section 19 of chapter 55 1067 of the acts of 2017, is hereby further amended by striking out, in line 1, the word “eighteen” and 1068 inserting in place thereof the following words:- criminal majority. 1069 SECTION 107. Said section 32M of said chapter 94C, as so amended, is hereby further 1070 amended by striking out, in line 6, the figure “18” and inserting in place thereof the following 1071 words:- criminal majority. Page 50 of 174 1072 SECTION 108. Chapter 94C of the General Laws is hereby amended by inserting after 1073 section 32N the following section:- 1074 Section 32O. (a) A person who, while in the course of trafficking or unlawfully 1075 distributing a controlled substance as defined in section 32E, knowingly or intentionally 1076 manufactures, distributes, dispenses, delivers, gives away, barters, administers or provides any 1077 amount of a controlled substance or counterfeit substance which results in death shall be 1078 punished as murder in the second degree as defined by section 1 of chapter 265. 1079 (b) Lack of knowledge of a previous health condition shall not be a defense to a violation 1080 of this section. 1081 SECTION 109. Section 34 of said chapter 94C, as appearing in the 2016 Official Edition, 1082 is hereby amended by striking out, in lines 14 and 15, the words “less than two and one-half 1083 years nor”. 1084 SECTION 110. Said section 34 of said chapter 94C, as so appearing, is hereby further 1085 amended by striking out, in lines 42 to 44, inclusive, the words “departmental records which are 1086 not public records, maintained by police and other law enforcement agencies, shall not be sealed; 1087 and provided further, that”. 1088 SECTION 111. Section 34A of said chapter 94C, as so appearing, is hereby amended by 1089 striking out, in lines 4 and 11, the words “sections 34 or 35” and inserting in place thereof, in 1090 each instance, the following words:- section 34 or found in violation of a condition of probation 1091 or pretrial release as determined by the courts or a condition of parole as determined by the 1092 parole board. Page 51 of 174 1093 SECTION 112. Said section 34A of said chapter 94C, as so appearing, is hereby further 1094 amended by striking out, in lines 5 and 12, the word “substance” and inserting in place thereof, 1095 in each instance, the following words:- substance or violation. 1096 SECTION 113. Section 35 of said chapter 94C is hereby repealed. 1097 SECTION 114. Section 36 of said chapter 94C, as appearing in the 2016 Official Edition, 1098 is hereby amended by striking out, in lines 6 and 7, the words “his eighteenth birthday” and 1099 inserting in place thereof the following words:- the age of criminal majority. 1100 SECTION 115. Section 44 of said chapter 94C, as so appearing, is hereby amended by 1101 striking out, in lines 5 to 8, inclusive, the words “; provided, however, that departmental records 1102 maintained by police and other law enforcement agencies which are not public records shall not 1103 be sealed”. 1104 SECTION 116. Section 45 of said chapter 94C is hereby repealed. 1105 SECTION 117. Section 47 of said chapter 94C, as appearing in the 2016 Official Edition, 1106 is hereby amended by adding the following subsection:- 1107 (k) (1) The attorney general, each district attorney, and each police department for which 1108 the state treasurer has established a special law enforcement trust fund pursuant to subsection (d) 1109 shall file an annual report with the treasurer regarding all assets, monies, and proceeds from 1110 assets seized pursuant to this section and held by such fund. The report shall provide itemized 1111 accounting for all assets, monies and proceeds from assets within the following asset categories: 1112 cash, personal property, conveyances, and real property, including any property disposed of by 1113 the office of seized property management within the division of capital asset management and 1114 maintenance. Such reports shall be filed not later than January 31 for the preceding calendar year 1115 and shall be public records. Page 52 of 174 1116 (2) The attorney general, each district attorney, and each police department for which the 1117 state treasurer has established a special law enforcement trust fund pursuant to subsection (d) 1118 shall file an annual report with the treasurer regarding all expenditures therefrom, which shall 1119 include, but not be limited to, the following expense categories: personnel; contractors; 1120 equipment; training; private-public partnerships; inter-agency collaborations; and community 1121 grants. Such reports shall be filed not later than January 31 for the preceding calendar year and 1122 shall be public records. 1123 (3) On or before March 15, the state treasurer shall file a report with the executive office 1124 of administration and finance and the house and senate committees on ways and means regarding 1125 the aggregate deposits and expenditures, and the ending balances, for each special law 1126 enforcement trust fund during the preceding calendar year. Such reports shall be public records. 1127 SECTION 118. Subsection (b) of section 14 of chapter 94G of the General Laws, as 1128 appearing in section 40 of chapter 55 of the acts of 2017, is hereby amended by striking out 1129 clause (iii) and inserting in place thereof the following clause:- (iii) the Municipal Police 1130 Training Fund established in section 35FFF of chapter 10 for the municipal police training 1131 committee established in section 116 of chapter 6. 1132 SECTION 119. Section 1 of chapter 111E of the General Laws, as appearing in the 2016 1133 Official Edition, is hereby amended by striking out the definition of “Administrator” and 1134 inserting in place thereof the following 2 definitions:- 1135 “Addiction specialist”, a licensed physician who specializes in the practice of psychiatry 1136 or addiction medicine, a licensed psychologist, a licensed independent social worker, a licensed 1137 mental health counselor, a licensed psychiatric clinical nurse specialist, a licensed alcohol and Page 53 of 174 1138 drug counselor I as defined in section 1 of chapter 111J or any other professional considered 1139 qualified by the department to evaluate whether an individual is a drug dependent person. 1140 “Administrator”, the person in charge of the operation of a facility or a penal facility, or 1141 the person’s designee. 1142 SECTION 120. Said section 1 of said chapter 111E, as so appearing, is hereby further 1143 amended by striking out the definitions of “Independent psychiatrist” and “Independent 1144 physician” and inserting in place thereof the following definition:- 1145 “Independent addiction specialist”, an addiction specialist, other than one holding an 1146 office or appointment in a department, board or agency of the commonwealth or in a public 1147 facility or penal facility. 1148 SECTION 121. Section 10 of said chapter 111E, as so appearing, is hereby amended by 1149 striking out, in lines 18 and 19, the words “a psychiatrist, or if it is, in the discretion of the court, 1150 impracticable to do so, a physician,” and inserting in place thereof the following words:- an 1151 addiction specialist. 1152 SECTION 122. Said section 10 of said chapter 111E, as so appearing, is hereby further 1153 amended by striking out, in lines 23, 25, 31, 35, 93 and 104 the words “psychiatrist or physician” 1154 and inserting in place thereof, in each instance, the following words:- addiction specialist. 1155 SECTION 123. Said section 10 of said chapter 111E, as so appearing, is hereby further 1156 amended by striking out, in lines 60 and 61 and in line 71 the words “for the first time”. 1157 SECTION 124. Said section 10 of said chapter 111E, as so appearing, is hereby further 1158 amended by striking out, in lines 61 and 62 and in lines 72 and 73, the words “not involving the 1159 sale or manufacture of dependency related drugs,”. Page 54 of 174 1160 SECTION 125. Said section 10 of said chapter 111E, as so appearing, is hereby further 1161 amended by striking out, in lines 98 and 99, the words “independent psychiatrist, or if it is 1162 impracticable to do so, an independent physician” and inserting in place thereof the following 1163 words:- independent addiction specialist. 1164 SECTION 126. Said section 10 of said chapter 111E, as so appearing, is hereby further 1165 amended by striking out, in lines 124 and 125, the words “independent psychiatrist, or, if none is 1166 available, an independent physician” and inserting in place thereof the following words:- 1167 independent addiction specialist. 1168 SECTION 127. Said section 10 of said chapter 111E, as so appearing, is hereby further 1169 amended by striking out, in line 184, the words “thirty-two to thirty-two G” and inserting in 1170 place thereof the following words:- 32E to 32G. 1171 SECTION 128. Section 11 of said chapter 111E, as so appearing, is hereby amended by 1172 striking out, in lines 4 and 5, the words “a psychiatrist, or, if, in the discretion of the court, it is 1173 impracticable to do so, by a physician,” and inserting in place thereof the following words:- an 1174 addiction specialist. 1175 SECTION 129. Said section 11 of said chapter 111E, as so appearing, is hereby further 1176 amended by striking out, in line 11, lines 16 and 17 and line 18, the words “physician or 1177 psychiatrist” and inserting in place thereof, in each instance, the following words:- addiction 1178 specialist. 1179 SECTION 130. Section 13A of said chapter 111E, as so appearing, is hereby amended by 1180 striking out, in lines 9 and 12 the word “physician” and inserting in place thereof, in each 1181 instance, the following words:- addiction specialist. Page 55 of 174 1182 SECTION 131. Section 52 of chapter 119 of the General Laws, as so appearing, is hereby 1183 amended by striking out the definitions of “Court” and “Delinquent Child” and inserting in place 1184 thereof the following 3 definitions:- 1185 “Civil infraction”, a violation for which a civil proceeding is allowed, for which the court 1186 shall not appoint counsel nor impose a sentence of incarceration and for which a civil penalty 1187 may be imposed. 1188 “Court”, a division of the juvenile court department. 1189 “Delinquent child”, a child between the age of 12 and the age of criminal majority who 1190 commits any offense against a law of the commonwealth; provided, however, that such an 1191 offense shall not include a civil infraction. 1192 SECTION 132. Said section 52 of said chapter 119, as so appearing, is hereby further 1193 amended by striking out, in line 15, the figure “18” and inserting in place thereof the following 1194 words:- the age of criminal majority. 1195 SECTION 133. Section 54 of said chapter 119, as so appearing, is hereby amended by 1196 striking out, in line 2, the words “seven and 18 years of age” and inserting in place thereof the 1197 following words:- 12 and the age of criminal majority. 1198 SECTION 134. Said section 54 of said chapter 119, as so appearing, is hereby further 1199 amended by striking the second paragraph and inserting in place thereof the following 1200 paragraph:- 1201 An application for such a complaint submitted to the juvenile court by a police 1202 department against a child arrested for an offense shall be accompanied by an offense-based 1203 tracking number. An application’s failure to include the arrestee’s offense-based tracking number 1204 shall not preclude the issuance of a complaint where there is otherwise a valid application Page 56 of 174 1205 submitted by a police department against a child. If a complaint is issued based on an application 1206 for a complaint submitted by a police department against a child that did not include the child’s 1207 offense-based tracking number, the prosecutor shall submit the offense-based tracking number of 1208 the child to the court to be included in the case file. 1209 SECTION 135. Said section 54 of said chapter 119, as so appearing, is hereby further 1210 amended by striking out, in line 21, the words “ages of fourteen and 18” and inserting in place 1211 thereof the following words:- age of 14 and the age of criminal majority. 1212 SECTION 136. Said chapter 119 is hereby further amended by inserting after section 54 1213 the following section:- 1214 Section 54A. (a) A juvenile court shall have jurisdiction to divert from further court 1215 processing a child who is subject to the jurisdiction of the juvenile court as the result of an 1216 application for complaint brought under section 54. The court may divert a child to a program as 1217 defined in section 1 of chapter 276A or elsewhere. 1218 (b) A child complained of as a delinquent child may, upon the request of the child, 1219 undergo an assessment prior to arraignment to enable the judge to consider the suitability of the 1220 child for diversion. If a child chooses to request a continuance for the purpose of such an 1221 assessment, the child shall notify the judge prior to arraignment. Upon receipt of such 1222 notification, the judge may grant a 14-day continuance. The department of probation may 1223 conduct such assessment prior to arraignment to assist the judge in making that decision. If the 1224 judge determines it is appropriate, a determination of eligibility by the personnel of a program 1225 may substitute for an assessment. If a case is continued under this subsection, the child shall not 1226 be arraigned and an entry shall not be made into the criminal offender record information system 1227 until a judge issues an order to resume the ordinary processing of a delinquency proceeding. A Page 57 of 174 1228 judge may order diversion without first ordering an assessment in any case in which the court 1229 finds that sufficient information is available without an assessment. 1230 (c)(1) After the completion of the assessment, the probation officer or, where applicable, 1231 the director of a program to which the child has been referred shall submit to the court and to the 1232 counsel for the child a recommendation as to whether the child would benefit from diversion. 1233 Upon receipt of the recommendation, the judge shall provide an opportunity for both the 1234 commonwealth and counsel for the child to be heard regarding diversion of the child. The judge 1235 shall then make a final determination as to the eligibility of the child for diversion. There shall be 1236 a rebuttable presumption that a child who is otherwise eligible for diversion under subsection (g) 1237 and who is charged with a misdemeanor for which the punishment is a fine, imprisonment in a 1238 jail or house of correction for not more than 6 months or both such fine and imprisonment shall 1239 be eligible for diversion if such child has no outstanding warrants, continuances, appeals or 1240 juvenile court cases pending. The proceedings of a child who is found eligible for diversion shall 1241 be stayed for 90 days unless the judge determines that the interest of justice would best be served 1242 by a lesser period of time or unless extended under subsection (f). 1243 (2) A stay of proceedings shall not be granted under this section unless the child consents 1244 in writing to the terms and conditions of the stay of proceedings and knowingly executes a 1245 waiver of the child’s right to a speedy trial on a form approved by the chief justice of the juvenile 1246 court department. Consent shall be given only upon the advice of counsel. 1247 (3) The following shall not be admissible against the child in any proceedings: (i) a 1248 request for assessment; (ii) a decision by the child not to enter a program; (iii) a determination by 1249 probation or by a program that the child would not benefit from diversion; and (iv) any statement Page 58 of 174 1250 made by the child or the child’s family during the course of assessment. Any consent by a child 1251 to a stay of proceedings or any act done or statement made in fulfillment of the terms and 1252 conditions of a stay of proceedings shall not be admissible as an admission, implied or otherwise, 1253 against the child if the stay of proceedings was terminated and proceedings were resumed on the 1254 original complaint. A statement or other disclosure or a record thereof made by a child during the 1255 course of assessment or during the stay of proceedings shall not be disclosed at any time to a 1256 commonwealth or other law enforcement officer in connection with the investigation or 1257 prosecution of any charges against the child or a codefendant. 1258 (4) If a child is found eligible for diversion under this section, the child shall not be 1259 arraigned and an entry shall not be made into the criminal offender record information system 1260 unless a judge issues an order to resume the ordinary processing of a delinquency proceeding. If 1261 a child is found eligible under this section, the eligibility shall not be considered an issuance of a 1262 criminal complaint for the purposes of section 37H½ of chapter 71. 1263 (d) A district attorney may divert any child for whom there is probable cause to issue a 1264 complaint, either before or after the assessment procedure set forth in subsection (b), with or 1265 without the permission of the court and without regard to the limitations in subsection (g). A 1266 district attorney who diverts a case pursuant to this subsection may request a report from a 1267 program regarding the child’s status in and completion of the program. 1268 (e) If during the stay of proceedings a child is charged with a subsequent offense, a judge 1269 in the court that entered the stay of proceedings may issue such process as is necessary to bring 1270 the child before the court. When the child is brought before the court, the judge shall afford the 1271 child an opportunity to be heard. If the judge finds probable cause to believe that the child has Page 59 of 174 1272 committed a subsequent offense, the judge may order that the stay of proceedings be terminated 1273 and that the commonwealth be permitted to proceed on the original complaint as provided by 1274 law. 1275 (f)(1) Upon the expiration of the initial 90-day stay of proceedings, the probation officer 1276 or the program director shall submit to the court a report indicating the successful completion of 1277 diversion by the child or recommending an extension of the stay of proceedings for not more 1278 than an additional 90 days so that the child may complete the diversion program successfully. 1279 (2) If the probation officer or the program director indicates the successful completion of 1280 diversion by a child, the judge may dismiss the original complaint pending against the child. If 1281 the report recommends an extension of the stay of proceedings, the judge may, on the basis of 1282 the report and any other relevant evidence, take such action as the judge deems appropriate, 1283 including the dismissal of the complaint, the granting of an extension of the stay of proceedings 1284 or the resumption of proceedings. 1285 (3) If the conditions of diversion have not been met, the child’s attorney shall be notified 1286 prior to the termination of the child from diversion and the judge may grant an extension to the 1287 stay of proceedings if the child provides good cause for failing to comply with the conditions of 1288 diversion. 1289 (4) If the judge dismisses a complaint under this subsection, the court shall, unless the 1290 child objects, enter an order directing expungement of any records of the complaint and related 1291 proceedings maintained by the clerk, the court, the department of criminal justice information 1292 services and the court activity record index. Page 60 of 174 1293 (g) A child otherwise eligible for diversion under this section shall not be eligible for 1294 diversion if the child charged with a violation of any of the offenses enumerated in section 70C 1295 of chapter 277 other than an offense under: (i) subsection (a) of section 13A of chapter 265; (ii) 1296 sections 13J and 13M of said chapter 265; (iii) sections 13A and 13C of chapter 268; and (iv) 1297 sections 1, 16, 28, 29, 29A and 29B of chapter 272 or if the child is indicted as a youthful 1298 offender. 1299 SECTION 137. Section 58 of said chapter 119, as appearing in the 2016 Official Edition, 1300 is hereby amended by striking out, in line 73, the words “his eighteenth birthday” and inserting 1301 in place thereof the following words:- the age of criminal majority. 1302 SECTION 138. Said section 58 of said chapter 119, as so appearing, is hereby further 1303 amended by striking out, in line 79, the words “his eighteenth birthday” and inserting in place 1304 thereof the following words:- attaining the age of criminal majority. 1305 SECTION 139. Section 60A of said chapter 119, as so appearing, is hereby amended by 1306 striking out, in line 17, the words “his fourteenth and eighteenth birthdays” and inserting in place 1307 thereof the following words:- the age of 14 and the age of criminal majority. 1308 SECTION 140. Said section 60A of said chapter 119, as so appearing, is hereby further 1309 amended by striking out, in line 20, the words “been age 18 or older” and inserting in place 1310 thereof the following words:- attained the age of criminal majority. 1311 SECTION 141. Said section 60A of said chapter 119, as so appearing, is hereby further 1312 amended by striking out, in line 22, the words “were age 18 or older” and inserting in place 1313 thereof the following words:- had attained the age of criminal majority. 1314 SECTION 142. Section 62 of said chapter 119 is hereby repealed. Page 61 of 174 1315 SECTION 143. Section 63A of said chapter 119, as appearing in the 2016 Official 1316 Edition, is hereby amended by striking out, in line 1, the words “is 19 years of age or older” and 1317 inserting in place thereof the following words:- has attained the age of criminal majority. 1318 SECTION 144. Said section 63A of said chapter 119, as so appearing, is hereby further 1319 amended by striking out, line 2, the figure “18” and inserting in place thereof the following 1320 words:- criminal majority. 1321 SECTION 145. Section 65 of said chapter 119, as so appearing, is hereby amended by 1322 striking out, in line 2, the words “18 years of age” and inserting in place thereof the following 1323 words:- the age of criminal majority. 1324 SECTION 146. Section 66 of said chapter 119, as so appearing, is hereby amended by 1325 striking out, in lines 3 and 5, the words “18 years of age” and inserting in place thereof, in each 1326 instance, the following words:- the age of criminal majority. 1327 SECTION 147. Said chapter 119, as so appearing, is hereby amended by striking out 1328 section 67 and inserting in place thereof the following section:- 1329 Section 67. (a) Whenever a child between the age of 12 and the age of criminal majority 1330 is arrested with or without a warrant, as provided by law, and the court or courts having 1331 jurisdiction over the offense are not in session, the officer in charge shall immediately notify at 1332 least one of the child’s parents, or, if there is no parent, the guardian or custodian with whom the 1333 child resides, or the department of children and families if the child is in the custody and care of 1334 the department. Pending such notice, such child shall be detained under subsection (c). 1335 (b) Upon the acceptance by the officer in charge of said police station or town lockup of 1336 the written promise of said parent, guardian, custodian or representative of the department of 1337 children and families to be responsible for the presence of the child in court at the time and place Page 62 of 174 1338 when the child is ordered to appear, the child shall be released to said person giving such 1339 promise; provided, however, that if the arresting officer requests in writing that a child between 1340 the age 14 and the age of criminal majority be detained, and if the court issuing a warrant for the 1341 arrest of a child between the age of 14 and the age of criminal majority directs in the warrant that 1342 such child shall be held in safekeeping pending his appearance in court, the child shall be 1343 detained in a police station or town lockup, or a place of temporary custody commonly referred 1344 to as a detention home of the department of youth services, or any other home approved by the 1345 department of youth services pending the child’s appearance in court; provided further, that in 1346 the event any child is so detained, the officer in charge of the police station or town lockup shall 1347 notify the parents, guardian, custodian or representative of the department of children and 1348 families of the detention of the child. If a child is detained overnight, the child shall receive a bail 1349 hearing in accordance with section 59 of chapter 276, if applicable. 1350 (c) No child between the age of 14 and the age of criminal majority shall be detained in a 1351 police station or town lockup under (a) or (b) unless the detention facilities for children at such 1352 police station or town lockup have received the approval in writing of the commissioner of youth 1353 services. The department of youth services shall make inspection at least annually of police 1354 stations and town lockups wherein children are detained. If no such approved detention facility 1355 exists in any city or town, the city or town may contract with an adjacent city or town for the use 1356 of approved detention facilities in order to prevent children who are detained from coming in 1357 contact with adult prisoners. A separate and distinct place shall be provided in police stations, 1358 town lockups or places of detention for such children. Nothing in this section shall permit a child 1359 between 14 and the age of criminal majority to be detained in a jail or house of correction. Page 63 of 174 1360 (d) When a child is arrested who is in the care and custody of the department of children 1361 and families, the officer in charge of the police station or town lockup where the child has been 1362 taken shall immediately contact the department’s emergency hotline and notify the on-call 1363 worker of the child’s arrest. The on-call worker shall notify the social worker assigned to the 1364 child’s case who shall make arrangement for the child’s release as soon as practicable if it has 1365 been determined that the child will not be detained. 1366 SECTION 148. Section 68 of said chapter 119, as so appearing, is hereby further 1367 amended by striking out, in lines 1 and 34, the word “seven” and inserting in place thereof, in 1368 each instance, the following figure:- 12. 1369 SECTION 149. Said section 68 of said chapter 119, as so appearing, is hereby further 1370 amended by striking out, in lines 2 and 52, the figure “18” and inserting in place thereof, in each 1371 instance, the following words:- criminal majority. 1372 SECTION 150. Said section 68 of said chapter 119, as so appearing, is hereby further 1373 amended by striking out, in line 3, the words “if unable to furnish bail” and inserting in place 1374 thereof the following words:- if detained pretrial pursuant to paragraph (3) of subsection (e) of 1375 section 58 of chapter 276. 1376 SECTION 151. Said section 68 of said chapter 119, as so appearing, is hereby further 1377 amended by striking out, in line 34, the words “and 18 years of age” and inserting in place 1378 thereof the following words:- years of age and the age of criminal majority. 1379 SECTION 152. Section 68A of said chapter 119, as so appearing, is hereby amended by 1380 striking out, in line 1, the words “seven and 18 years of age” and inserting in place thereof the 1381 following words:- 12 years of age and the age of criminal majority. Page 64 of 174 1382 SECTION 153. Section 70 of said chapter 119, as so appearing, is hereby amended by 1383 striking out, in line 2, the words “18 years of age” and inserting in place thereof the following 1384 words:- the age of criminal majority. 1385 SECTION 154. Section 72 of said chapter 119, as so appearing, is hereby amended by 1386 striking out, in lines 2 and 3, the words “their eighteenth birthday” and inserting in place thereof 1387 the following words:- the age of criminal majority. 1388 SECTION 155. Said section 72 of said chapter 119, as so appearing, is hereby further 1389 amended by striking out, in lines 10 to 13, inclusive, the words “his eighteenth birthday, and is 1390 not apprehended until between such child’s eighteenth and nineteenth birthday, the court shall 1391 deal with such child in the same manner as if he has not attained his eighteenth birthday” and 1392 inserting in place thereof the following words:- attaining the age of criminal majority and is not 1393 apprehended until between the birthday at which the child attained the age of criminal majority 1394 and the child’s subsequent birthday, the court shall deal with the child in the same manner as if 1395 the child had not attained the age of criminal majority. 1396 SECTION 156. Said section 72 of said chapter 119, as so appearing, is hereby further 1397 amended by striking out, in line 18, the words “their eighteenth birthday” and inserting in place 1398 thereof the following words:- the age of criminal majority. 1399 SECTION 157. Section 72A of chapter 119, as so appearing, is hereby amended by 1400 striking out, in lines 2 and 3, the words “his eighteenth birthday, and is not apprehended until 1401 after his nineteenth birthday, the” and inserting in place thereof the following words:- attaining 1402 the age of criminal majority, and is not apprehended until after attaining the first birthday 1403 following the birthday at which the person attained the age of criminal majority, the. Page 65 of 174 1404 SECTION 158. Section 72B of said chapter 119, as so appearing, is hereby amended by 1405 striking out, in lines 2 and 3 and 7 and 8, the words “his eighteenth birthday” and inserting in 1406 place thereof, in each instance, the following words:- the person attains the age of criminal 1407 majority. 1408 SECTION 159. Said section 72B of said chapter 119, as so appearing, is hereby further 1409 amended by striking out, in line 25, the words “his eighteenth birthday” and inserting in place 1410 thereof the following words:- the age of criminal majority. 1411 SECTION 160. Said section 72B of said chapter 119, as so appearing, is hereby further 1412 amended by striking out, in line 31, the words “his eighteenth birthday” and inserting in place 1413 thereof the following words:- attaining the age of criminal majority. 1414 SECTION 161. Section 74 of said chapter 119, as so appearing, is hereby amended by 1415 striking out, in lines 3 and 4, the words “his eighteenth birthday” and inserting in place thereof 1416 the following words:- the person attaining the age of criminal majority. 1417 SECTION 162. Said section 74 of said chapter 119, as so appearing, is hereby further 1418 amended by striking out, in line 10, the words “sixteen and 18 years of age” and inserting in 1419 place thereof the following words:- 16 years of age and the age of criminal majority. 1420 SECTION 163. Said section 74 of said chapter 119, as so appearing, is hereby further 1421 amended by striking out, in line 14, the figure “18” and inserting in place thereof the following 1422 words:- criminal majority. 1423 SECTION 164. Section 84 of said chapter 119, as so appearing, is hereby amended by 1424 striking out, in lines 12 and 13, the word “seven and eighteen (or nineteen)” and inserting in 1425 place thereof the following figure:- 12 and 19 (or 20). Page 66 of 174 1426 SECTION 165. Said chapter 119 is hereby further amended by adding the following 2 1427 sections:- 1428 Section 86. (a) For the purposes of this section and section 87, the following words shall 1429 have the following meanings unless the context clearly requires otherwise: 1430 “Juvenile”, a person appearing before a division of the juvenile court department who is 1431 subject to a delinquency, child requiring assistance or care and protection case or a person under 1432 the age of 21 in a youthful offender case. 1433 “Restraints”, devices that limit voluntary physical movement of an individual, including 1434 leg irons and shackles, which have been approved by the trial court department. 1435 (b) A juvenile shall not be placed in restraints during court proceedings and any restraints 1436 shall be removed prior to the appearance of a juvenile before the court at any stage of a 1437 proceeding unless the justice presiding in the courtroom issues an order and makes specific 1438 findings on the record that: (i) restraints are necessary because there is reason to believe that a 1439 juvenile presents an immediate and credible risk of escape that cannot be curtailed by other 1440 means; (ii) a juvenile poses a threat to the juvenile’s own safety or to the safety of others; or (iii) 1441 restraints are reasonably necessary to maintain order in the courtroom. 1442 (c) The court officer charged with custody of a juvenile shall report any security concern 1443 to the presiding justice. On the issue of courtroom or courthouse security, the presiding justice 1444 may receive information from the court officer charged with custody of a juvenile, a probation 1445 officer or any other source determined by the court to be credible. 1446 The authority to use restraints shall reside solely within the discretion of the presiding 1447 justice at the time that a juvenile appears before the court. A juvenile court justice shall not Page 67 of 174 1448 impose a blanket policy to maintain restraints on all juveniles or a specific category of juveniles 1449 who appear before the court. 1450 Section 87. A child against whom a complaint is brought under this chapter may 1451 participate in a community-based restorative justice program pursuant to the requirements of 1452 chapter 276B. 1453 SECTION 166. Section 16 of chapter 119A of the General Laws, as appearing in the 1454 2016 Official Edition, is hereby amended by inserting after the word “obligor”, in line 44, the 1455 following words:- ; provided, however, that the IV-D agency has no evidence of the obligor 1456 residing at an address other than the address last known by the IV-D agency; provided further, 1457 that the IV-D agency shall not notify a licensing authority unless the child support arrearage 1458 exceeds an amount equal to 8 weeks obligation or $500, whichever is greater. 1459 SECTION 167. Chapter 120 of the General Laws is hereby amended by inserting after 1460 section 10 the following section:- 1461 Section 10B. A person detained by and committed to the department of youth services 1462 shall not be placed in involuntary room confinement as a consequence for noncompliance, 1463 punishment or harassment or in retaliation for any conduct. 1464 SECTION 168. Section 15 of said chapter 120, as appearing in the 2016 Official Edition, 1465 is hereby amended by striking out, in line 3 and line 4, the figure “18” and inserting in place 1466 thereof, in each instance, the following words:- the age of criminal majority. 1467 SECTION 169. Section 21 of said chapter 120, as so appearing, is hereby amended by 1468 striking out, in line 17, the words “seven and 18 years of age” and inserting in place thereof the 1469 following words:- 7 years of age and the age of criminal majority. Page 68 of 174 1470 SECTION 170. Section 1 of chapter 127 of the General Laws, as so appearing, is hereby 1471 amended by inserting after the definition of “Commissioner” the following 2 definitions: 1472 “Disciplinary restrictive housing”, a placement in restrictive housing in a state 1473 correctional facility for disciplinary purposes after a finding has been made that the prisoner has 1474 committed a breach of discipline. 1475 “Exigent circumstances”, circumstances that create an unacceptable risk to the safety of 1476 any person. 1477 SECTION 171. Said section 1 of said chapter 127, as so appearing, is hereby further 1478 amended by inserting after the definition of “Parole board” the following definition:- 1479 “Placement review”, a multidisciplinary examination to determine whether, 1480 notwithstanding any previous finding of a disciplinary breach or exigent circumstances or other 1481 circumstances supporting a placement in restrictive housing, restrictive housing is still necessary 1482 to reasonably manage risks of harm; when conducted pursuant to clause (iv) or (v) of subsection 1483 (a) of section 39B, examiners performing a placement review shall include, but not be limited to, 1484 1 member of the security staff, 1 member of the programming staff, and 1 member of the mental 1485 health staff. 1486 SECTION 172. Said section 1 of said chapter 127, as so appearing, is hereby further 1487 amended by inserting after the definition of “Residential treatment unit” the following 1488 definition:- 1489 “Restrictive Housing”, a housing placement where a prisoner is confined to a cell for 1490 over 22 hours per day; provided, however, that mental health watch shall not be considered 1491 restrictive housing. 1492 SECTION 173. Section 4 of said chapter 127 is hereby repealed. Page 69 of 174 1493 SECTION 174. Section 16 of said chapter 127, as appearing in the 2016 Official Edition, 1494 is hereby amended by inserting after the word “tuberculosis”, in line 9, the following words:- 1495 “and the presence of drug dependency to be made by the physician or another addiction 1496 specialist, as defined in chapter 111E, including, but not limited to, a determination of whether or 1497 not opioid substitution or medication assisted treatment for opioid addiction is appropriate for the 1498 inmate. An examination pursuant to section 10 of said chapter 111E shall satisfy this 1499 requirement if the examination includes a determination whether opioid substitution or 1500 medication assisted treatment for opioid addiction is appropriate for the inmate. To the extent 1501 practicable, the department of correction shall prioritize placement of inmates that were 1502 receiving opioid substitution or medication assisted treatment for opioid addiction immediately 1503 preceding their incarceration within a facility that provides the same opioid substitution or 1504 medication assisted treatment. 1505 SECTION 175. Section 28 of said chapter 127, as so appearing, is hereby amended by 1506 striking out, in line 4, the word “twenty-three” and inserting in place thereof the following 1507 words:- 23, a record of the fingerprint-based state identification number. 1508 SECTION 176. Said chapter 127 is hereby further amended by inserting after section 32 1509 the following section:- 1510 Section 32A. A prisoner of a correctional institution, jail or house of correction that has a 1511 gender identity, as defined in section 7 of chapter 4, that differs from the prisoner’s sex assigned 1512 at birth, with or without a diagnosis of gender dysphoria or any other physical or mental health 1513 diagnosis, shall be: (i) addressed in a manner consistent with the prisoner’s gender identity; (ii) 1514 provided with access to commissary items, clothing, programming, educational materials and 1515 personal property that is consistent with the prisoner’s gender identity; (iii) searched by an Page 70 of 174 1516 officer of the same gender identity if the search requires an inmate to remove all clothing or 1517 includes a visual inspection of the anal cavity or genitals; provided, however, that the officer’s 1518 gender identity is consistent with the prisoner’s request; and provided further, that such a search 1519 shall not be conducted for the sole purpose of determining genital status; and (iv) housed in a 1520 correctional facility with inmates with the same gender identity, provided that the placement is 1521 consistent with the prisoner’s request. 1522 SECTION 177. Said chapter 127 is hereby further amended by inserting after section 1523 36B the following section:- 1524 Section 36C. A correctional institution, jail or house of correction shall not prohibit, 1525 eliminate or unreasonably limit in-person visitation of inmates or coerce, compel or otherwise 1526 pressure an inmate to forego or limit in-person visitation. For the purposes of this section, an 1527 unreasonable limit shall include, but not be limited to, providing an eligible inmate fewer than 2 1528 opportunities for in-person visitation during a 7-day period. A correctional institution, jail or 1529 house of correction that elects to use video or other types of electronic devices for inmate 1530 communications with visitors shall not make such communications available in lieu of in-person 1531 visits prescribed in this section. Nothing in this section shall prohibit the temporary suspension 1532 of visitation privileges for good cause including, but not limited to, misbehavior or during a 1533 bonafide emergency. 1534 A correctional institution, jail or house of correction may charge a fee for video visitation 1535 communication for inmate communications not occurring on site; provided, however, that the fee 1536 shall not exceed the operating cost of the communication. Fees collected in excess of operating 1537 costs shall be allocated to the fund established under chapter 258C. Page 71 of 174 1538 SECTION 178. Said chapter 127 is hereby amended by striking out sections 39 and 39A, 1539 as so appearing, and inserting in place thereof the following 8 sections:- 1540 Section 39. (a) Subject to the limits of this section and section 39A, the superintendent of 1541 a state correctional facility or the administrator of a county correctional facility may authorize 1542 the confinement of a prisoner in a restrictive housing unit to discipline the prisoner or if the 1543 prisoner’s retention in general population poses an unacceptable risk: (i) to the safety of others; 1544 (ii) of damage or destruction of property; or (iii) to the operation of a correctional facility. 1545 (b) In addition to meeting all standards defined by the department of public health, 1546 restrictive housing units shall provide: (i) meals that meet the same standards defined by the 1547 commissioner as for general population prisoners; (ii) access to showers not less than 3 days per 1548 week; (iii) rights of visitation and communication by those properly authorized; provided, 1549 however, that the authorization may be diminished for the enforcement of discipline for a period 1550 not to exceed 15 days in a state correctional facility or 10 days in a county correctional facility 1551 for any given offense; (iv) access to reading and writing materials unless clinically 1552 contraindicated; (v) access to a radio or television if confinement exceeds 30 days; (vi) periodic 1553 mental and psychiatric examinations under the supervision of the department of mental health; 1554 (vii) medical and psychiatric treatment that may be clinically indicated under the supervision of 1555 the department of mental health; (viii) the same access to canteen purchases and privileges to 1556 retain property in a prisoner’s cell as prisoners in the general population at the same facility; 1557 provided, however, that such access and privileges may be diminished for the enforcement of 1558 discipline for a period not to exceed 15 days in a state correctional facility or 10 days in a county 1559 correctional facility for any given offense or where inconsistent with the security of the unit; (ix) 1560 the same access to disability accommodations as prisoners in general population, except where Page 72 of 174 1561 inconsistent with the security of the unit; and (x) other rights and privileges as may be 1562 established or recognized by the commissioner. 1563 (c) Before placement in restrictive housing, a prisoner shall be screened by a qualified 1564 mental health professional to determine whether the prisoner has a serious mental illness or 1565 restrictive housing is otherwise clinically contraindicated based on clinical standards adopted by 1566 the department of correction and clinical judgment, provided that clinical standards shall be 1567 promulgated by the department of correction in consultation with the department of mental 1568 health. 1569 (d) A qualified mental health professional shall make rounds in every restrictive housing 1570 unit and may conduct an out-of-cell meeting with a prisoner for whom a confidential meeting is 1571 warranted in the clinician’s professional judgment. Prisoners shall be evaluated by a qualified 1572 mental health professional in accordance with clinical standards adopted by the department of 1573 correction and clinical judgment to determine whether the prisoner has a serious mental illness or 1574 restrictive housing is otherwise clinically contraindicated, provided that clinical standards shall 1575 be promulgated by the department of correction in consultation with the department of mental 1576 health. 1577 Section 39A. (a) A prisoner shall not be held in restrictive housing if the prisoner has a 1578 serious mental illness or a finding has been made, pursuant to subsections (c) or (d) of section 39 1579 or otherwise, that restrictive housing is clinically contraindicated unless, not later than 72 hours 1580 after the finding, the commissioner, the sheriff or a designee of the commissioner or sheriff 1581 certifies in writing: (i) the reason why the prisoner may not be safely held in the general 1582 population; (ii) that there is no available placement in a secure treatment unit; (iii) efforts that are 1583 being undertaken to find appropriate housing and the status of the efforts; and (iv) the anticipated Page 73 of 174 1584 time frame for resolution. A copy of the written certification shall be provided to the prisoner. 1585 Such a prisoner in restrictive housing shall be offered additional mental health treatment in 1586 accordance with clinical standards adopted by the department. 1587 (b) If a prisoner needs to be separated from general population to protect the prisoner 1588 from harm by others, the prisoner shall not be placed in restrictive housing, but shall be placed in 1589 a housing unit that provides approximately the same conditions, privileges, amenities and 1590 opportunities as in general population; provided, however, that the prisoner may be placed in 1591 restrictive housing for not more than 72 hours while suitable housing is located. A prisoner shall 1592 not be held in restrictive housing to protect the prisoner from harm by others for more than 72 1593 hours unless the commissioner, the sheriff or a designee of the commissioner or sheriff certifies 1594 in writing: (i) the reason why the prisoner may not be safely held in the general population; (ii) 1595 that there is no available placement in a unit comparable to general population; (iii) efforts that 1596 are being undertaken to find appropriate housing and the status of the efforts; and (iv) the 1597 anticipated time frame for resolution. A copy of the written certification shall be provided to the 1598 prisoner. 1599 (c) A prisoner who is or is perceived to be lesbian, gay, bisexual, transgender, queer or 1600 intersex or has or is perceived to have a gender identity or expression or sexual orientation 1601 uncommon in general population shall not be grounds for placement in restrictive housing. 1602 (d) A prisoner shall not be confined to restrictive housing except pursuant to section 39 or 1603 this section. 1604 Section 39B. (a) All prisoners confined to restrictive housing shall receive placement 1605 reviews at the following intervals and may receive them more frequently: 1606 (i) If a prisoner is being held pursuant to subsection (a) of section 39A, every 72 hours; Page 74 of 174 1607 (ii) If a prisoner is being held pursuant to subsection (b) of section 39A, every 72 hours; 1608 (iii) If a prisoner is awaiting adjudication of an alleged disciplinary breach, every 15 1609 days; 1610 (iv) If a prisoner has been committed to disciplinary restrictive housing, no later than 6 1611 months and every 90 days thereafter; and 1612 (v) If a prisoner is being held for any other reason, every 90 days. 1613 (b) After a placement review, the prisoner shall be retained in restrictive housing only if 1614 the prisoner is determined to pose an unacceptable risk as provided in subsection (a) of section 1615 39 or if the commissioner, the sheriff or a designee of the commissioner or sheriff re-certifies, in 1616 writing, the findings required by subsections (a) or (b) of section 39A. 1617 (c) If a prisoner’s placement in restrictive housing may reasonably be expected to last 1618 more than 60 days, the prisoner shall: (i) have 24 hours written notice of placement reviews; (ii) 1619 have the opportunity to participate in reviews in person or in writing; (iii) upon review, if no 1620 placement change is ordered, be provided a written statement as to the evidence relied on and the 1621 reasons for the placement decision; and (iv) not more than 15 days after the initial placement and 1622 upon placement review, if no placement change is ordered, be advised as to behavior standards 1623 and program participation goals that will increase the prisoner’s chances of a less restrictive 1624 placement upon next placement review. 1625 (d) A prisoner who is committed to a secure treatment unit following an allegation or 1626 finding of a disciplinary breach shall receive placement reviews at intervals not less than as 1627 frequently as if the prisoner were confined to restrictive housing. Page 75 of 174 1628 (e) The commissioner shall promulgate regulations to define standards and procedures to 1629 maximize out-of-cell activities in restrictive housing and to maximize outplacements from 1630 restrictive housing consistent with the safety of all persons. 1631 Section 39C. The commissioner, after consultation with the sheriffs and the department 1632 of mental health, shall promulgate regulations governing the training and qualifications of 1633 correction officers, supervisors and managers deployed to restrictive housing. 1634 Section 39D. (a) The commissioner shall publish monthly the number of prisoners held in 1635 each restrictive housing unit within each state and county correctional facility. 1636 (b) The commissioner shall publish quarterly, as to each restrictive housing unit within 1637 each state correctional facility, and annually, as to each restrictive housing unit within each 1638 county correctional facility: (i) the number of prisoners as to whom a finding of serious mental 1639 illness has been made and the number of such prisoners held for more than 30 days; (ii) the 1640 number of prisoners who have committed suicide or committed non-lethal acts of self-harm; (iii) 1641 the number of prisoners according to the reason for their restrictive housing; (iv) as to prisoners 1642 in disciplinary restrictive housing, a listing of prisoners with names redacted, including an 1643 anonymized identification number that shall be consistent across reports, age, race, gender and 1644 ethnicity, whether the prisoner has an open mental health case, the date of the prisoner’s 1645 commitment to discipline, the length of the prisoner’s term and a summary of the reason for the 1646 prisoner’s commitment; (v) the number of placement reviews conducted under clause (iv) and 1647 (v) of subsection (a) of section 39B and the number of prisoners released from restrictive 1648 housing as a result of such placement reviews; (vi) the length of original assignment to and total 1649 time served in disciplinary restrictive housing for each prisoner released from disciplinary 1650 restrictive housing as a result of a placement review; (vii) the count of prisoners released to the Page 76 of 174 1651 community directly or within 30 days of release from restrictive housing; and (vii) such 1652 additional information as the commissioner may determine. 1653 Such information shall be published in a commonly available electronic, machine 1654 readable format. 1655 (c) The administrators of county correctional facilities shall furnish to the commissioner 1656 all information that the commissioner deems necessary to support reporting under this section. 1657 Section 39E. Prisoners held in restrictive housing for a period of more than 60 days shall 1658 have access to vocational, educational and rehabilitative programs to the extent consistent with 1659 the safety and security of the unit and shall receive good time for participation at the same rates 1660 as the general population. 1661 Section 39F. A prisoner who has less than 180 days until that prisoner’s mandatory 1662 release date or parole release date and who is held in restrictive housing shall be offered reentry 1663 programming that shall include, but shall not limited to housing assistance, assistance obtaining 1664 state and federal benefits, employment readiness training and programming designed to help the 1665 person rebuild interpersonal relationships, which may include, but shall not be limited to, anger 1666 management and parenting courses. 1667 Section 39G. The commissioner shall promulgate regulations to implement sections 39 to 1668 39G, inclusive. 1669 SECTION 179. Sections 40 and 41 of said chapter 127 are hereby repealed. 1670 SECTION 180. Section 48 of said chapter 127, as appearing in the 2016 Official Edition, 1671 is hereby amended by inserting after the first paragraph the following paragraph:- Page 77 of 174 1672 The commissioner shall ensure that at least 1 educational program leading to the award of 1673 a high school equivalency certificate is available to persons who are committed to the custody of 1674 the department or to a county correctional facility for not less than 6 months and who have not 1675 obtained a high school degree or equivalency. Pursuant to section 129D of chapter 127, good 1676 conduct credit of 10 days shall be granted to a person who satisfactorily completes an 1677 educational program leading to the award of a high school equivalency certificate under this 1678 paragraph. 1679 SECTION 181. Said chapter 127 is hereby further amended by inserting after section 1680 117A the following section:- 1681 Section 117B. A prisoner who requests to initiate treatment related to gender transition or 1682 gender dysphoria and is denied treatment shall be offered an opportunity to be referred to an 1683 independent healthcare provider with expertise in transgender health care for consultation. A 1684 prisoner who previously received a diagnosis of gender dysphoria while in the custody of the 1685 department of correction shall not require a new diagnosis to obtain treatment related to gender 1686 transition. 1687 SECTION 182. Said chapter 127 is hereby further amended by inserting after section 119 1688 the following section:- 1689 Section 119A. (a) As used in this section, the following words shall have the following 1690 meanings unless the context clearly requires otherwise: 1691 “Conditional medical parole plan”, a comprehensive written medical and psychosocial 1692 care plan that is specific to the prisoner and includes the proposed course of treatment and post- 1693 treatment care. 1694 “Department”, the department of correction. Page 78 of 174 1695 “Permanent incapacitation”, a physical or cognitive incapacitation that appears 1696 irreversible, as determined by a licensed physician, and that is so debilitating that the prisoner 1697 does not pose a public safety risk. 1698 “Secretary”, the secretary of the executive office of public safety and security. 1699 “Terminal illness”, a condition that appears incurable, as determined by a licensed 1700 physician, that will likely cause the death of the prisoner in not more than 18 months and that is 1701 so debilitating that the prisoner does not pose a public safety risk. 1702 (b) Notwithstanding any general or special law to the contrary, a prisoner may be eligible 1703 for conditional medical parole due to a terminal illness or permanent incapacitation pursuant to 1704 subsections (c) and (d). 1705 (c)(1)The superintendent of a correctional facility shall consider a prisoner for 1706 conditional medical parole upon a written petition by the prisoner, the prisoner’s attorney, the 1707 prisoner’s next of kin, the commissioner’s medical provider or a member of the department’s 1708 staff. The superintendent shall review the petition and develop a recommendation as to the 1709 release of the prisoner. Whether or not the superintendent recommends in favor of conditional 1710 medical parole, the superintendent shall, not more than 21 days after receipt of the petition, 1711 transmit the petition and the recommendation to the commissioner. The superintendent shall 1712 submit with the recommendation: (i) a conditional medical parole plan; (ii) a written diagnosis 1713 by a physician licensed to practice medicine under section 2 of chapter 112; and (iii) an 1714 assessment of the risk for violence that the prisoner poses to society. 1715 (2) Upon receipt of the petition and recommendation under paragraph (1), the 1716 commissioner shall notify, in writing, the district attorney, the prisoner, the person who 1717 requested the release, if not the prisoner, and, if applicable under chapter 258B, the victim or the Page 79 of 174 1718 victim’s family that the prisoner is being considered for conditional medical parole. The parties 1719 who receive the notice shall have an opportunity to provide written statements; provided, 1720 however, that if the prisoner was convicted and is serving a sentence under section 1 of chapter 1721 265, the district attorney or victim’s family may request a hearing. 1722 (d)(1) A sheriff shall consider a prisoner for conditional medical parole upon a written 1723 petition filed by the prisoner, the prisoner’s attorney, the prisoner’s next of kin, the sheriff’s 1724 medical provider or a member of the sheriff’s staff. The sheriff shall review the request and 1725 develop a recommendation as to the release of the prisoner. Whether or not the sheriff 1726 recommends in favor of conditional medical parole, the sheriff shall, not more than 21 days after 1727 receipt of the petition, transmit with the petition and the recommendation to the commissioner. 1728 The sheriff shall transmit with the petition: (i) a conditional medical parole plan; (ii) a written 1729 diagnosis by a physician licensed to practice medicine under section 2 of chapter 112; and (iii) an 1730 assessment of the risk for violence that the prisoner poses to society. 1731 (2) Upon receipt of the petition and recommendation under paragraph (1), the 1732 commissioner shall notify, in writing, the district attorney, the prisoner, the person who 1733 requested the release, if not the prisoner and, if applicable under chapter 258B, the victim or the 1734 victim’s family that the prisoner is being considered for conditional medical parole. The parties 1735 who receive the notice shall have an opportunity to submit written statements. 1736 (e) The commissioner shall issue a written decision not later than 45 days after receipt of 1737 a petition, which shall be accompanied by a statement of reasons for the commissioner’s 1738 decision. If the commissioner determines that a prisoner is terminally ill or permanently 1739 incapacitated such that if the prisoner is released the prisoner will live and remain at liberty 1740 without violating the law and that the release will not be incompatible with the welfare of Page 80 of 174 1741 society, the prisoner shall be released on conditional medical parole. The parole board shall 1742 impose terms and conditions for conditional medical parole that shall apply through the date 1743 upon which the prisoner’s sentence would have expired. 1744 Not less than 24 hours before the date of a prisoner’s release on conditional medical 1745 parole, the commissioner shall notify, in writing, the district attorney, the department of state 1746 police, the police department in the city or town in which the prisoner shall reside and, if 1747 applicable under chapter 258B, the victim or the victim’s family of the prisoner’s release and the 1748 terms and conditions of the release. 1749 (f) A prisoner granted release under this section shall be under the jurisdiction, 1750 supervision and control of the parole board, as if the prisoner had been paroled pursuant to 1751 section 130 of chapter 127. The parole board may revise, alter or amend the terms and conditions 1752 of a conditional medical parole at any time. If a parole officer receives credible information that 1753 a prisoner has failed to comply with a condition of the prisoner’s release or upon discovery that 1754 the terminal illness or permanent incapacitation has improved to the extent that the prisoner 1755 would no longer be eligible for conditional medical parole under this section, the parole officer 1756 shall immediately arrest the prisoner and bring the prisoner before the board for a hearing. If the 1757 board determines that the prisoner violated a condition of the prisoner’s conditional medical 1758 parole or that the terminal illness or permanent incapacitation has improved to the extent that the 1759 prisoner would no longer be eligible for conditional medical parole pursuant to this section, the 1760 prisoner shall resume serving the balance of the sentence with credit given only for the duration 1761 of the prisoner’s conditional medical parole that was served in compliance with all conditions set 1762 pursuant to this subsection. Revocation of a prisoner’s conditional medical parole due to a Page 81 of 174 1763 change in the prisoner’s medical condition shall not preclude a prisoner’s eligibility for 1764 conditional medical parole in the future or for another form of release permitted by law. 1765 (g) A prisoner or sheriff aggrieved by a decision denying or granting conditional medical 1766 parole made under this section may petition for relief pursuant to section 4 of chapter 249. A 1767 decision by the court affirming or reversing the commissioner’s grant or denial of conditional 1768 medical parole shall not affect a prisoner’s eligibility for any other form of release permitted by 1769 law. A decision under this subsection shall not preclude a prisoner’s eligibility for conditional 1770 medical parole in the future. 1771 (h) The commissioner and the secretary shall promulgate rules and regulations necessary 1772 to implement this section. 1773 (i) The commissioner and the secretary shall file an annual report not later than March 1 1774 with the clerks of the senate and the house of representatives, the senate and house committees 1775 on ways and means and the joint committee on the judiciary detailing, for the prior fiscal year: (i) 1776 the number of prisoners in the custody of the department or of the sheriffs who applied for 1777 conditional medical parole under this section and the race and ethnicity of each applicant; (ii) the 1778 number of prisoners who have been granted conditional medical parole and the race and ethnicity 1779 of each prisoner; (iii) the nature of the illness of the applicants for conditional medical parole; 1780 (iv) the counties to which the prisoners have been released; (v) the number of prisoners who have 1781 been denied conditional medical parole, the reason for the denial and the race and ethnicity of 1782 each prisoner; (vi) the number of prisoners who have petitioned for conditional medical parole 1783 more than once; (vii) the number of prisoners released who have been returned to the custody of 1784 the department or the sheriff and the reason for each prisoner’s return; and (viii) the number of 1785 petitions for relief sought pursuant to subsection (g). Page 82 of 174 1786 SECTION 183. Section 130 of said chapter 127, as appearing in the 2016 Official 1787 Edition, is hereby amended by inserting after the word “that”, in line 47, the following words :- 1788 the terms and conditions shall not include payment of a supervision fee; provided further, that. 1789 SECTION 184. Section 133A of said chapter 127, as so appearing, is hereby amended by 1790 striking out, in line 5, the words “18 years” and inserting in place thereof the following words:- 1791 criminal majority. 1792 SECTION 185. Said section 133A of said chapter 127, as so appearing, is hereby further 1793 amended by adding the following paragraph:- 1794 If a prisoner is indigent and is serving a life sentence for an offense that was committed 1795 before the prisoner reached the age of criminal majority, the prisoner shall have the right to have 1796 appointed counsel at the parole hearing and shall have the right to funds for experts as 1797 determined by the standards in chapter 261. 1798 SECTION 186. Section 133C of said chapter 127, as so appearing, is hereby amended by 1799 striking out, in line 7, the words “18 years” and inserting in place thereof the following words:- 1800 criminal majority. 1801 SECTION 187. Section 144 of said chapter 127, as so appearing, is hereby amended by 1802 striking out, in line 3, the words “thirty dollars” and inserting in place thereof the following 1803 figure:- $90. 1804 SECTION 188. Said chapter 127 is hereby further amended by striking out section 145, 1805 as so appearing, and inserting in place thereof the following section:- 1806 Section 145. (a) A justice of a trial court shall not commit a person to a prison or place of 1807 confinement solely for the nonpayment of money owed if the person has shown by a 1808 preponderance of the evidence that the person is not able to pay without imposing substantial Page 83 of 174 1809 financial hardship on the person or the person’s family or dependents. A court shall determine if 1810 a substantial financial hardship exists at a hearing where it shall consider the person’s 1811 employment status, earning ability, financial resources, living expenses and any special 1812 circumstances that may affect the person’s ability to pay. 1813 (b) A justice of trial court shall not commit a person to a prison or place of confinement 1814 solely for the nonpayment of money owed if the person was not offered counsel for the 1815 commitment portion of the case. A person deemed indigent for the purpose of being offered 1816 counsel and who is assigned counsel for the commitment portion of a proceeding solely for the 1817 nonpayment of money owed shall not be assessed a fee for such counsel. 1818 (c) A justice of the trial court shall consider alternatives to incarceration before 1819 committing a person to a prison or place of confinement solely for nonpayment of a fine or any 1820 expenses. 1821 (d) A justice of the trial court shall not commit a person who has not reached the age of 1822 criminal majority to a prison, place of confinement or the department of youth services solely for 1823 the nonpayment of money. 1824 SECTION 189. Chapter 138 of the General Laws is hereby amended by inserting after 1825 section 34A the following section:- 1826 Section 34A ½. (a) A person under 21 years of age who, in good faith, seeks medical 1827 assistance for someone experiencing an alcohol-related overdose shall not be charged or 1828 prosecuted for possession of alcohol under section 34C if the evidence for the charge of 1829 possession of alcohol was gained as a result of seeking medical assistance. 1830 (b) A person under 21 years of age who experiences an alcohol-related overdose and is in 1831 need of medical assistance and, in good faith, seeks such medical assistance or is the subject of Page 84 of 174 1832 such a good faith request for medical assistance shall not be charged or prosecuted under section 1833 34C if the evidence for the charge of possession of alcohol was gained as a result of seeking 1834 medical assistance. 1835 (c) Nothing in this section shall be construed to limit any seizure of evidence or 1836 contraband otherwise permitted by law. Nothing in this section shall be construed to limit or 1837 abridge the authority of a law enforcement officer to detain or take into custody a person in the 1838 course of an investigation or to effectuate an arrest for any offense. 1839 SECTION 190. Section 10 of chapter 209A of the General Laws, as appearing in the 1840 2016 Official Edition, is hereby amended by striking out the third sentence and inserting in place 1841 thereof the following sentence:- The court may reduce or waive the assessment if the court finds 1842 that the person is indigent or that payment of the assessment would cause substantial financial 1843 hardship to the person or the person’s family or dependents. 1844 SECTION 191. Chapter 211B of the General Laws is hereby amended by adding the 1845 following section:- 1846 Section 22. For the purposes of updating the criminal history record, the trial court shall 1847 electronically send to the department of state police all criminal case disposition information for 1848 the offender, including sealing and expungement orders and dismissals, together with the 1849 corresponding offense-based tracking number and fingerprint-based state identification number, 1850 to the extent that the offender has been assigned such numbers and the numbers have been 1851 provided to the court. 1852 SECTION 192. Section 2A of chapter 211D of the General Laws, as appearing in the 1853 2016 Official Edition, is hereby amended by striking out, in line 105, the word “A” and inserting 1854 in place thereof the following words:- Except for a person under the age of criminal majority, a. Page 85 of 174 1855 SECTION 193. Said section 2A of said chapter 211D, as so appearing, is hereby further 1856 amended by striking out, in lines 106, 108, 110 and 112, the figure “$150” and inserting in place 1857 thereof, in each instance, the following figure:- $100. 1858 SECTION 194. Subsection (f) of said section 2A of said chapter 211D, as amended by 1859 section 193, is hereby further amended by striking out, each time it appears, the figure “$100” 1860 and inserting in place thereof, in each instance, the following figure:- $50. 1861 SECTION 195. Said section 2A of said chapter 211D, as so appearing, is hereby 1862 amended by striking out subsection (f), as so appearing, and inserting in place thereof the 1863 following subsection:- 1864 (f) Notwithstanding any general or special law to the contrary, no person determined to 1865 be indigent shall be assessed a counsel fee. 1866 SECTION 196. Said section 2A of said chapter 211D is hereby amended by striking out 1867 subsection (i), as appearing in the 2016 Official Edition, and inserting in place thereof the 1868 following subsection:- 1869 (i) The trial court shall submit an annual report to the senate and house committees on 1870 ways and means that shall include, but not be limited to: (i) the number of individuals claiming 1871 indigency who are determined to be indigent for the purposes of appointment of counsel; (ii) the 1872 number of individuals claiming indigency who are determined not to be indigent for the purposes 1873 of appointment of counsel; (iii) the total number of times that an indigent but able to contribute 1874 counsel fee was collected or waived and the aggregate amount of indigent but able to contribute 1875 counsel fees collected and waived; (iv) the average indigent but able to contribute counsel fee 1876 that each court division collects; (v) the total number of times that an indigent but able to 1877 contribute fee was collected or waived and the aggregate amount of indigent but able to Page 86 of 174 1878 contribute fees collected and waived; and (vi) other pertinent information to ascertain the 1879 effectiveness of indigency verification procedures. The information in the report shall be 1880 delineated by court division and delineated further by month. 1881 SECTION 197. Section 7 of chapter 212 of the General Laws, as appearing in the 2016 1882 Official Edition, is hereby amended by inserting after the first sentence the following sentence:- 1883 An indictment for an offense shall be accompanied by the offense-based tracking number and 1884 fingerprint-based state identification number of the defendant when the corresponding charges 1885 result from an arrest. 1886 SECTION 198. Section 26 of chapter 218 of the General Laws, as so appearing, is hereby 1887 amended by striking out, in line 18, the words ”thirteen K” and inserting in place thereof the 1888 following two figures:- “13D, 13K.” 1889 SECTION 199. Said section 26 of said chapter 218, as so appearing, is hereby amended 1890 by striking out, in line 27, the words “two hundred and sixty-eight” and inserting in place thereof 1891 the following words:- 268, conspiracy under section 7 of chapter 274, solicitation to commit a 1892 felony under section 8 of said chapter 274. 1893 SECTION 200. Said section 26 of said chapter 218, as so appearing, is hereby further 1894 amended by striking out, in lines 26 to 27, the words “intimidation of a witness or juror under 1895 section thirteen B” and inserting in place thereof the following words:- section 13B. 1896 SECTION 201. Said chapter 218 is hereby further amended by inserting after section 32 1897 the following section:- 1898 Section 32A. An application for a criminal complaint submitted to the district court by a 1899 police department against a person arrested for an offense shall be accompanied by an offense- 1900 based tracking number. Page 87 of 174 1901 An otherwise valid application for a complaint submitted by a police department against 1902 a person arrested shall not preclude the issuance of a complaint merely because the application 1903 does not include an arrestee’s offense-based tracking number. If a complaint is issued based on 1904 an application for a complaint submitted by a police department against a person arrested that did 1905 not include the arrestee’s offense-based tracking number, the prosecutor shall submit the offense- 1906 based tracking number of the defendant to the court to be included in the case file. 1907 SECTION 202. Section 20 of chapter 233 of the General Laws, as appearing in the 2016 1908 Official Edition, is hereby amended by striking out clause Fourth and inserting in place thereof 1909 the following clause:- 1910 Fourth, A parent shall not testify against the parent’s minor child and a minor child shall 1911 not testify against the child’s parent in a proceeding before an inquest, grand jury, trial of an 1912 indictment or complaint or any other criminal, delinquency or youthful offender proceeding in 1913 which the victim in the proceeding is not a family member and does not reside in the family 1914 household; provided, however, that for the purposes of this clause, “parent” shall mean the 1915 biological or adoptive parent, stepparent, foster parent, legal guardian or other person who has 1916 the right to act in loco parentis for the child; provided further, that in a case in which the victim 1917 is a family member and resides in the family household, the parent shall not testify as to any 1918 communication with the minor child that was for the purpose of seeking advice regarding the 1919 child’s legal rights. 1920 SECTION 203. Section 13 of chapter 250 of the General Laws, as so appearing, is hereby 1921 amended by striking out, in line 3, the figure “18” and inserting in place thereof the following 1922 words:- criminal majority. Page 88 of 174 1923 SECTION 204. The fifth paragraph of section 4 of chapter 258B of the General Laws, as 1924 so appearing, is hereby amended by adding the following clause:- 1925 (e) assume the management and administration of the Garden of Peace, a public 1926 memorial garden located on the plaza of 100 Cambridge street in the city of Boston to honor 1927 victims of homicide, receive any gifts or grants of money or property for the purpose of assisting 1928 the board in the maintenance and operation of the memorial and establish an advisory committee 1929 which shall consist of individuals who have served on the board of directors of the Garden of 1930 Peace or other interested citizens appointed by the victim witness assistance board to provide 1931 ongoing advice to the board. 1932 SECTION 205. Section 8 of said chapter 258B, as so appearing, is hereby amended by 1933 striking out, in lines 38 to 40, inclusive, the words “severe financial hardship upon the person 1934 against whom the assessment is imposed” and inserting in place thereof the following words:- 1935 substantial financial hardship upon the person against whom the assessment is imposed or upon 1936 the person’s family or dependents. 1937 SECTION 206. Section 2 of chapter 258C of the General Laws, as so appearing, is 1938 hereby amended by inserting after the word “crime”, in line 11, the following words:- ; provided, 1939 however, that a claimant who was a victim under the age of criminal majority shall not be 1940 required to file such report within 5 days. 1941 SECTION 207. Said section 2 of said chapter 258C, as so appearing, is hereby further 1942 amended by striking out, in line 27, the word “shall” and inserting in place thereof the following 1943 word:- may. 1944 SECTION 208. Subsection (e) of said section 2 of said chapter 258C, as so appearing, is 1945 hereby amended by inserting after the second sentence the following sentence:- In the event of a Page 89 of 174 1946 victim’s death by homicide, an award may be reduced except the costs for appropriate and 1947 modest funeral, burial or cremation services shall be paid by the fund. 1948 SECTION 209. Section 1 of chapter 258D of the General Laws, as so appearing, is 1949 hereby amended by striking out, in line 10, the words “which tend to establish” and inserting in 1950 place thereof the following words:- consistent with. 1951 SECTION 210. Said section 1 of said chapter 258D, as so appearing, is hereby further 1952 amended by adding the following subsection:- 1953 (G) A claimant shall be entitled to entitled to preliminary relief under section subsection 1954 (E) of section 5 upon an initial showing that there is a substantial likelihood of success on the 1955 merits of the case. 1956 SECTION 211. Section 3 of said chapter 258D, as so appearing, is hereby amended by 1957 inserting after the second sentence the following sentence:- Upon motion of the claimant, the 1958 court shall advance the proceeding for expedited discovery and a speedy trial so that it may be 1959 heard and determined with as little delay as possible. 1960 SECTION 212. Subsection (A) of section 5 of said chapter 258D, as so appearing, is 1961 hereby amended by striking out the fourth to sixth sentences, inclusive, and inserting in place 1962 thereof the following sentence:- The court may include, as part of its judgment against the 1963 commonwealth, an order requiring the commonwealth to provide the claimant with services that 1964 are reasonable and necessary to address any deficiencies in the individual's physical and 1965 emotional condition and waive tuition and fees for the claimant for any educational services from 1966 a state or community college in the commonwealth including, but not limited to, the University 1967 of Massachusetts at Amherst and its satellite campuses. Page 90 of 174 1968 SECTION 213. Said subsection (A) of said section 5 of said chapter 258D, as so 1969 appearing, is hereby further amended by striking out, in line 43, $500,000, and inserting in place 1970 thereof the following figure:- $2,000,000. 1971 SECTION 214. Said section 5 of said chapter 258D, as so appearing, is hereby further 1972 amended by adding the following subsection:- 1973 (E) Upon a ruling in favor of a claimant moving for preliminary relief under subsection 1974 (G) of section 1, the court shall enter an order requiring the commonwealth to provide the 1975 claimant with services that are reasonable and necessary to address any deficiencies in the 1976 individual's physical and emotional condition and waive tuition and fees for the claimant for any 1977 educational services from a state or community college in the commonwealth including, but not 1978 limited to, the University of Massachusetts at Amherst and its satellite campuses. 1979 SECTION 215. Said chapter 258D is hereby further amended by striking out section 6, 1980 as so appearing, and inserting in place thereof the following section:- 1981 Section 6. A claimant who prevails in an action under this chapter shall be entitled to an 1982 award of the costs of the litigation and reasonable attorneys' fees in an amount to be fixed by the 1983 court. 1984 SECTION 216. Section 7 of said chapter 258D, as appearing in the 2016 Official Edition, 1985 is hereby amended by adding the following 2 subsections:- 1986 (E) A settlement agreement under this chapter may include a stipulation or agreement to 1987 an order of expungement or sealing to be entered by the court. Such stipulation or agreement 1988 shall be filed with the court and the court shall enter an order directing the expungement or Page 91 of 174 1989 sealing of those records of the claimant maintained by the department of criminal justice 1990 information services, the probation department and the sex offender registry that directly pertain 1991 to the claimant's erroneous felony conviction, including documents and other materials and any 1992 biological samples or other materials obtained from the claimant. If the settlement does not 1993 include an agreement to an order of expungement or sealing, the claimant is entitled to seek 1994 expungement or sealing from the court. 1995 (F) For the purposes of this chapter, expungement shall mean the permanent erasure and 1996 destruction of records. 1997 SECTION 217. Section 8 of said chapter 258D, as so appearing, is hereby amended by 1998 striking out, in lines 2 and 6, the figure “2” and inserting in place thereof, in each instance, the 1999 following figure:- 3. 2000 SECTION 218. Section 9 of said chapter 258D, as so appearing, is hereby amended by 2001 striking out subsection (C). 2002 SECTION 219. Section 2 of chapter 258E of the General Laws, as so appearing, is 2003 hereby amended by striking out, in line 7, the figure “18” and inserting in place thereof the 2004 following words:- criminal majority. 2005 SECTION 220. Chapter 263 of the General Laws is hereby amended by striking out 2006 section 1A, as so appearing, and inserting in place thereof the following section:- 2007 Section 1A. Whoever is arrested by virtue of process or is taken into custody by an 2008 officer and is charged with the commission of a felony or misdemeanor shall be fingerprinted 2009 according to the system of the department of state police and photographed. The fingerprints and 2010 photographs shall be immediately forwarded to the department of state police to allow a Page 92 of 174 2011 biometric positive identification. The fingerprint record shall be suitable for comparison and 2012 shall include an offense-based tracking number, completed description of the offenses charged 2013 and other descriptors as required. 2014 The executive office of public safety and security may audit police departments for 2015 compliance with this section. 2016 SECTION 221. Section 1 of chapter 263A of the General Laws, as so appearing, is 2017 hereby amended by striking out the definition of “Critical witness” and inserting in place thereof 2018 the following definition:- 2019 “Critical witness”, a person who is participating, has participated or is reasonably 2020 expected to participate in a criminal investigation, motion hearing, trial, show cause hearing or 2021 other criminal proceeding or a proceeding involving an alleged violation of conditions of 2022 probation or parole or the commitment of a sexually dangerous person pursuant to chapter 123A 2023 or who has received a subpoena requiring such participation and who is, or was, in the judgment 2024 of the prosecuting officer, a necessary witness at any of the aforementioned proceedings; 2025 provided, however, that “critical witness” shall also include such a person’s relatives, guardians, 2026 friends or associates who are or may be endangered by the person’s participation in any of the 2027 aforementioned proceedings. 2028 SECTION 222. Section 2 of chapter 265 of the General Laws, as so appearing, is hereby 2029 amended by striking out, in line 7, the words “person’s eighteenth birthday” and inserting in 2030 place thereof the following words:- person has attained the age of criminal majority. 2031 SECTION 223. Said chapter 265 is hereby further amended by striking out section 13, as 2032 so appearing, and inserting in place thereof the following section:- Page 93 of 174 2033 Section 13. (a) Except as hereinafter provided, whoever is found guilty of manslaughter 2034 shall be punished by imprisonment in the state prison for not more than 20 years or by a 2035 imprisonment in a house of correction for not more than 2½ years and a fine of not more than 2036 $1,000. Whoever is found guilty of manslaughter while committing a violation of sections 102 to 2037 102C, inclusive, of chapter 266 shall be punished by imprisonment in the state prison for life or 2038 for any term of years. 2039 (b) A corporation that is found guilty of manslaughter shall be punished by a fine of not 2040 less than $250,000. If a corporation is found guilty under this section, the appropriate 2041 commissioner or secretary may debar the corporation under section 29F of chapter 29 for not 2042 more than 10 years. 2043 SECTION 224. Said chapter 265 is hereby further amended by striking out section 13B, 2044 as so appearing, and inserting in place thereof the following section:- 2045 Section 13B. Whoever is found guilty of indecent assault and battery on a minor under 2046 the age of 14 shall be punished by imprisonment in the state prison for not more than 10 years or 2047 by imprisonment in a house of correction for not more than 2½ years. A prosecution commenced 2048 under this section shall not be continued without a finding or placed on file. In a prosecution 2049 under this section, a minor under the age of 14 years shall be deemed incapable of consenting to 2050 any conduct of the defendant for which the defendant is being prosecuted unless: (i) the 2051 defendant is not more than 2 years older than the minor; or (ii) the defendant is not more than 1 2052 years older than the minor if the minor is under 12 years of age. 2053 SECTION 225. Section 13D of said chapter 265, as so appearing, is hereby amended by 2054 adding the following paragraph:- Page 94 of 174 2055 Whoever commits an assault and battery upon a police officer when such person is 2056 engaged in the performance of the person’s duties at the time of the assault and battery, causing 2057 serious bodily injury, shall be punished by a term of imprisonment in the state prison for not less 2058 than 1 year nor more than 10 years or house of correction for not less than 1 year nor more than 2059 2½ years. A sentence imposed under this section shall not be for less than a mandatory minimum 2060 term of imprisonment of 1 year. A fine of not less than $500 nor more than $10,000 may be 2061 imposed but not in lieu of the mandatory minimum term of imprisonment. A prosecution 2062 commenced under this paragraph shall not be placed on file or continued without a finding and a 2063 sentence imposed upon a person convicted of violating this paragraph shall not be suspended or 2064 reduced, nor shall such a person be eligible for probation, parole, work release, furlough or 2065 receive any deduction from the person’s sentence for good conduct until the person shall have 2066 served the mandatory minimum term of imprisonment. 2067 SECTION 226. Section 15A of said chapter 265, as so appearing, is hereby amended by 2068 striking out, in line 24, the words “18 years of age or over” and inserting in place thereof the 2069 following words:- who has attained the age of criminal majority. 2070 SECTION 227. Said section 15A of said chapter 265, as so appearing, is hereby further 2071 amended by striking out, in line 46, the words “is 18 years of age or older” and inserting in place 2072 thereof the following words:- has attained the age of criminal majority. 2073 SECTION 228. Section 15B of said chapter 265, as so appearing, is hereby amended by 2074 striking out, in line 24, the words “18 years of age or over” and inserting in place thereof the 2075 following words:- who has attained the age of criminal majority. Page 95 of 174 2076 SECTION 229. Section 18 of said chapter 265, as so appearing, is hereby amended by 2077 striking out, in line 26 and 27, the words “18 years of age or over” and inserting in place thereof 2078 the following words:- who has attained the age of criminal majority. 2079 SECTION 230. Section 18B of said chapter 265, as so appearing, is hereby amended by 2080 striking out, in lines 43 and 44, the figure “18 years of age or over” and inserting in place thereof 2081 the following words:- who has attained the age of criminal majority. 2082 SECTION 231. Section 19 of said chapter 265, as so appearing, is hereby amended by 2083 striking out, in lines 23 and 24, the words “18 years of age or over” and inserting in place thereof 2084 the following words:-who has attained the age of criminal majority. 2085 SECTION 232. Said chapter 265 is hereby further amended by striking out section 23, as 2086 so appearing, and inserting in place thereof the following section:- 2087 Section 23. Whoever has sexual intercourse with a minor under 16 years of age and: (i) 2088 the defendant is more than 2 years older than the minor; or (ii) the minor is under 13 years of 2089 age, shall be punished by imprisonment in the state prison for life or for any term of years or, 2090 except as otherwise provided, for any term of years in a jail or house of correction; provided, 2091 however, that a prosecution commenced under this section shall not be placed on file or 2092 continued without a finding. 2093 Notwithstanding section 54 of chapter 119 or any other general or special law to the 2094 contrary, in a prosecution under this section in which the defendant is under the age of criminal 2095 majority at the time of the offense, the commonwealth shall only proceed by a complaint in 2096 juvenile court or in a juvenile session of a district court. Page 96 of 174 2097 SECTION 233. Section 43 of said chapter 265, as so appearing, is hereby amended by 2098 striking out, in lines 56 and 89, the words “18 years of age or over” and inserting in place 2099 thereof, in each instance, the following words:- who has attained the age of criminal majority. 2100 SECTION 234. The second paragraph of section 47 of said chapter 265, as so appearing, 2101 is hereby amended by striking out the last sentence and inserting in place thereof the following 2102 sentence:- The court may waive the fees if an offender establishes that the fees would impose a 2103 substantial financial hardship upon the offender or the offender’s family or dependents. 2104 SECTION 235. Said chapter 265 of the General Laws, as so appearing, is hereby further 2105 amended by adding the following section:- 2106 Section 59. (a) At any time after the entry of a judgment of disposition on an indictment 2107 or criminal or delinquency complaint for an offense, excluding a felony offense, the court in 2108 which it was entered shall, upon motion of the defendant, vacate any conviction, adjudication of 2109 delinquency, or continuance without a finding and permit the defendant to withdraw any plea of 2110 guilty, plea of nolo contendere, plea of delinquent, or factual admission tendered in association 2111 with one or more pleas upon a finding by the court, established by a preponderance of the 2112 evidence, that the defendant’s participation in the offense was a result of having been a victim of 2113 human trafficking as defined by section 20M of chapter 233 or a victim of trafficking in persons 2114 under 22 U.S.C. 7102. 2115 (b) For the purposes of this subsection, “official documentation” shall mean a document 2116 issued by a local, state or federal government agency in the agency’s official capacity. 2117 Except as provided in this section, the defendant shall have the burden of establishing by 2118 a preponderance of the evidence that the defendant’s participation in the offense was the result of Page 97 of 174 2119 having been a victim of human trafficking. If the conviction, adjudication of delinquency, or 2120 continuance without a finding was for an offense under sections 8, 26 or 53A of chapter 272 or 2121 common nightwalking or common streetwalking under section 53 of chapter 272, official 2122 documentation of the defendant’s status as a victim of human trafficking or trafficking in persons 2123 at the time of the offense shall create a rebuttable presumption that the defendant’s participation 2124 in the offense was a result of having been a victim of human trafficking or trafficking in persons; 2125 provided, however, that such documentation shall not be required for granting a motion under 2126 this section. 2127 (c) In determining whether the defendant’s participation in the offense was a result of 2128 having been a victim of human trafficking, the court may consider any evidence it deems 2129 appropriate in determining whether the person was a victim of human trafficking. 2130 (d) The rules concerning the admissibility of evidence at criminal trials shall not apply to 2131 the presentation and consideration of evidence at a hearing conducted pursuant to this section. 2132 The court may, in its discretion, consider any evidence it deems relevant, including, but not 2133 limited to, hearsay evidence. 2134 (e) Where a child under the age of 18 was adjudicated delinquent for an offense under 2135 sections 8, 26, 53 or 53A of chapter 272, based on allegations of prostitution, there shall be an 2136 irrebuttable presumption that the child’s participation in the offense was a result of having been a 2137 victim of human trafficking or trafficking in persons. 2138 (f) A motion pursuant to this section may be heard by the justice that originally heard the 2139 matter or any sitting justice of the court that originally heard the matter. Page 98 of 174 2140 (g) Upon vacatur of a conviction, adjudication of delinquency, or continuance without a 2141 finding, the court shall enter a plea of not guilty, except if the vacated conviction, adjudication of 2142 delinquency, or continuance without a finding was for an offense under sections 8, 26 or 53A of 2143 chapter 272 or for common nightwalking or common streetwalking under section 53 of chapter 2144 272, in which case the court shall dismiss the indictment or criminal or delinquency complaint 2145 with prejudice. Upon vacatur of a conviction, adjudication of delinquency, or continuance 2146 without a finding and the entrance of a plea of not guilty pursuant to this section, it shall be an 2147 affirmative defense to the charges against the defendant that the defendant’s participation in the 2148 offense was a result of having been a victim of human trafficking or trafficking in persons. 2149 (h) The chief justice of the trial court shall prescribe the form in which a motion may be 2150 filed under this section. 2151 (i) A conviction, adjudication of delinquency, or continuance without a finding vacated 2152 under this section shall be deemed to have been vacated on the merits. 2153 SECTION 236. Section 30 of chapter 266 of the General Laws, as so appearing, is hereby 2154 amended by striking out, in lines 9, 13 and 14, 77 and 82, the words “two hundred and fifty 2155 dollars” and inserting in place thereof, in each instance, the following figure:- $1,500. 2156 SECTION 237. Said section 30 of said chapter 266, as so appearing, is hereby further 2157 amended by striking out, in lines 16 to 23, the words “property was stolen from the conveyance 2158 of a common carrier or of a person carrying on an express business, shall be punished for the 2159 first offence by imprisonment for not less than six months nor more than two and one half years, 2160 or by a fine of not less than fifty nor more than six hundred dollars, or both, and for a subsequent 2161 offence, by imprisonment for not less than eighteen months nor more than two and one half 2162 years, or by a fine of not less than one hundred and fifty nor more than six hundred dollars, or Page 99 of 174 2163 both” and inserting in place thereof the following words:- value of the property stolen is more 2164 than $250 but not more than $500, shall be punished by imprisonment in a jail or house of 2165 correction for not more than 1 year or by a fine of not more than $500; or, if the value of the 2166 property stolen is more than $500 but not more than $1,000, shall be punished by imprisonment 2167 in a jail or house of correction for not more than 1 year or by a fine of not more than $1,000; or, 2168 if the value of the property stolen is more than $1,000 but not more than $1,500, shall be 2169 punished by imprisonment in a jail or house of correction for not more than 1 year or by a fine of 2170 not more than $2,500. 2171 SECTION 238. Said section 30 of said chapter 266, as so appearing, is hereby further 2172 amended by adding the following paragraph:- 2173 (6) A law enforcement officer may arrest a person without a warrant that the officer has 2174 probable cause to believe has committed an offense under this section and the value of the 2175 property stolen is more than $250. 2176 SECTION 239. Section 30A of said chapter 266, as so appearing, is hereby amended by 2177 striking out, in lines 35 and 42 and in lines 46 and 47, the words “one hundred dollars” and 2178 inserting in place thereof, in each instance, the following figure:- $250. 2179 SECTION 240. Section 37A of said chapter 266, as so appearing, is hereby amended by 2180 striking out the definition of “Credit card” and inserting in place thereof the following 2181 definition:- 2182 “Credit card”, an instrument or device, whether known as a credit card, credit plate or 2183 other name, or the code of number used to identify that instrument or device or an account of 2184 credit or cash accessed by that instrument or device, issued with or without a fee by an issuer for Page 100 of 174 2185 the use of the cardholder in obtaining money, goods, services or anything else of value on credit 2186 or by debit from a cash account. 2187 SECTION 241. Section 37B of said chapter 266, as so appearing, is hereby amended by 2188 striking out, in lines 24 and 25, 29 and 30, 37 and 38 and 45 and 46, the words “two hundred and 2189 fifty dollars” and inserting in place thereof, in each instance, the following figure:- $1,500. 2190 SECTION 242. Said section 37B of said chapter 266, as so appearing, is hereby further 2191 amended by striking out, in lines 49 and 50, the words “five hundred dollars” and inserting in 2192 place thereof the following figure:- $3,000. 2193 SECTION 243. Said section 37B of said chapter 266, as so appearing, is hereby further 2194 amended by striking out the last paragraph and inserting in place thereof the following 2195 paragraph:- 2196 A law enforcement officer may arrest any person without a warrant that the officer has 2197 probable cause to believe has committed an offense under this section and the value of the 2198 property stolen exceeds $250. 2199 SECTION 244. Section 37C of said chapter 266, as so appearing, is hereby amended by 2200 striking out, in lines 12, 17 and 23, and in lines 31 and 32, the words “two hundred and fifty 2201 dollars” and inserting in place thereof, in each instance, the following figure:- $1,500. 2202 SECTION 245. Said section 37C of said chapter 266, as so appearing, is hereby further 2203 amended by striking out, in lines 39 and 40, the words “two thousand dollars” and inserting in 2204 place thereof the following figure:- $5,000. 2205 SECTION 246. Said section 37C of said chapter 266, as so appearing, is hereby further 2206 amended by striking out the last paragraph and inserting in place thereof the following 2207 paragraph:- Page 101 of 174 2208 A law enforcement officer may arrest any person without warrant that the officer has 2209 probable cause to believe has committed an offense under this section and the value of the 2210 property stolen exceeds $250. 2211 SECTION 247. Section 37E of said chapter 266, as so appearing, is hereby amended by 2212 inserting after subsection (c) the following subsection:- 2213 (c ½) Whoever possesses a tool, instrument or other article adapted, designed or 2214 commonly used for accessing a person’s financial services account number or code, savings 2215 account number or code, checking account number or code, brokerage account number or code, 2216 credit card account number or code, debit card number or code, automated teller machine 2217 number or code, personal identification number, mother’s maiden name, computer system 2218 password, electronic signature or unique biometric data that is a fingerprint, voice print, retinal 2219 image or iris image of another person under circumstances evincing an intent to use or 2220 knowledge that some person intends to use the same in the commission of larceny shall be guilty 2221 of identity fraud and shall be punished by a fine of not more than $5,000 or imprisonment in a 2222 house of correction for not more than 2½ years or by both such fine and imprisonment. 2223 SECTION 248. Section 60 of said chapter 266, as so appearing, is hereby amended by 2224 striking out, in lines 13, 16 and 20, the figure “$250” and inserting in place thereof, in each 2225 instance, the following figure:- $1,500. 2226 SECTION 249. Said section 60 of said chapter 266, as so appearing, is hereby further 2227 amended by striking out, in line 15, the figure “$1,000” and inserting in place thereof the 2228 following figure:- $2,500. 2229 SECTION 250. Said section 60 of said chapter 266, as so appearing, is hereby further 2230 amended by adding the following paragraph:- Page 102 of 174 2231 A law enforcement officer may arrest any person without warrant that the officer has 2232 probable cause to believe has committed an offense under this section and the value of the 2233 property stolen exceeds $250. 2234 SECTION 251. Section 126A of said chapter 266, as so appearing, is hereby amended by 2235 striking out the second paragraph. 2236 SECTION 252. Section 126B of said chapter 266, as so appearing, is hereby amended by 2237 striking out the second paragraph. 2238 SECTION 253. Section 127 of said chapter 266, as so appearing, is hereby amended by 2239 striking out, in line 13, the words “two hundred and fifty dollars” and inserting in place thereof 2240 the following figure:- $1,500. 2241 SECTION 254. Chapter 268 of the General Laws is hereby amended by striking out 2242 section 13B, as so appearing, and inserting in place thereof the following section:- 2243 Section 13B. (a) As used in this section, the following words shall have the following 2244 meanings unless the context clearly requires otherwise: 2245 “Investigator”, an individual or group of individuals lawfully authorized by a department 2246 or agency of the federal government or any political subdivision thereof or a department or 2247 agency of the commonwealth or any political subdivision thereof to conduct or engage in an 2248 investigation of, prosecution for, or defense of a violation of the laws of the United States or of 2249 the commonwealth in the course of such individual’s or group’s official duties. 2250 “Harass”, to engage in an act directed at a specific person or group of persons that 2251 seriously alarms or annoys such person or group of persons and would cause a reasonable person 2252 or group of persons to suffer substantial emotional distress including, but not limited to, an act 2253 conducted by mail or by use of a telephonic or telecommunication device or electronic Page 103 of 174 2254 communication device including, but not limited to, a device that transfers signs, signals, writing, 2255 images, sounds, data or intelligence of any nature, transmitted in whole or in part by a wire, 2256 radio, electromagnetic, photoelectronic or photo-optical system including, but not limited to, 2257 electronic mail, internet communications, instant messages and facsimile communications. 2258 (b) Whoever willfully, either directly or indirectly: (i) threatens, attempts or causes 2259 physical, emotional or economic injury or property damage to; (ii) conveys a gift, offer or 2260 promise of anything of value to; or (iii) misleads, intimidates or harasses another person who is 2261 a: (A) witness or potential witness; (B) person who is or was aware of information, records, 2262 documents or objects that relate to a violation of a criminal law or a violation of conditions of 2263 probation, parole, bail or other court order; (C) judge, juror, grand juror, attorney, victim witness 2264 advocate, police officer, federal agent, investigator, clerk, court officer, court reporter, court 2265 interpreter, correction officer, probation officer or parole officer; (D) person who is or was 2266 attending or a person who had made known an intention to attend a proceeding described in this 2267 section; or (E) family member of a person described in this section, with the intent to or with 2268 reckless disregard for the fact that it may: (1) impede, obstruct, delay, prevent or otherwise 2269 interfere with: (I) a criminal investigation at any stage, a grand jury proceeding, a dangerousness 2270 hearing, a motion hearing, a trial or other criminal proceeding of any type or a parole hearing, 2271 parole violation proceeding or probation violation proceeding; or (II) an administrative hearing 2272 or a probate or family court proceeding, juvenile proceeding, housing proceeding, land 2273 proceeding, clerk’s hearing, court-ordered mediation or any other civil proceeding of any type; 2274 or (2) punish, harm or otherwise retaliate against any such person described in this section for 2275 such person or such person’s family member’s participation in any of the proceedings described 2276 in this section, shall be punished by imprisonment in the state prison for not more than 10 years Page 104 of 174 2277 or by imprisonment in the house of correction for not more than 2 ½ years or by a fine of not 2278 less than $1,000 or more than $5,000 or by both such fine and imprisonment. If the proceeding in 2279 which the misconduct is directed at is the investigation or prosecution of a crime punishable by 2280 life imprisonment or the parole of a person convicted of a crime punishable by life 2281 imprisonment, such person shall be punished by imprisonment in the state prison for not more 2282 than 20 years or by imprisonment in the house of corrections for not more than 2 ½ years or by a 2283 fine of not more than $10,000 or by both such fine and imprisonment. 2284 (c) A prosecution under this section may be brought in the county in which the criminal 2285 investigation, trial or other proceeding was being conducted or took place or in the county in 2286 which the alleged conduct constituting the offense occurred. 2287 SECTION 255. Said chapter 268 is hereby further amended by inserting after section 2288 21A the following section:- 2289 Section 21B. A person over the age of 21 who is employed by or contracts with a public 2290 or private school, the department of youth services, the department of children and families, the 2291 department of mental health, the department of developmental services or a private institution 2292 that provides services to clients of such departments, who is a teacher, administrator or a person 2293 in a similar position of authority in the school, department or institution and, in the course of 2294 such employment or contract or as a result thereof, engages in, within or outside of the school, 2295 department or institution, sexual relations with a person who is: (i) under the age of 19, has not 2296 received a high school diploma, general educational development certificate or equivalent 2297 document and is served by the school, department or institution; or (ii) under the age of 22, has 2298 special needs under chapter 71B, has not received a high school diploma, general educational 2299 development certificate or equivalent document and is served by the school, department or Page 105 of 174 2300 institution, shall be punished by imprisonment in a state prison for not more than 5 years or in a 2301 jail or house of corrections for not more than 2½ years, by a fine of $10,000 or by both such fine 2302 and imprisonment. In a prosecution commenced under this section, an individual served by such 2303 a school, department or institution shall be deemed incapable of consent to sexual relations with 2304 the person. 2305 SECTION 256. Section 10 of chapter 269 of the General Laws, as appearing in the 2016 2306 Official Edition, is hereby amended by striking out, in line 53, the words “18 years of age or 2307 older” and inserting in place thereof the following words:- who has attained the age of criminal 2308 majority. 2309 SECTION 257. Said section 10 of said chapter 269, as so appearing, is hereby further 2310 amended by striking out, in line 55, the words “ages fourteen and 18” and inserting in place 2311 thereof the following words:- age 14 and the age of criminal majority. 2312 SECTION 258. Said section 10 of said chapter 269, as so appearing, is hereby further 2313 amended by striking out, in lines 223 and 255, the words “18 years of age or over” and inserting 2314 in place thereof the following words:- who has attained the age of criminal majority. 2315 SECTION 259. Section 10E of said chapter 269, as so appearing, is hereby amended by 2316 striking out, in lines 40 and 41, the words “18 years of age or over” and inserting in place thereof 2317 the following words:- who has attained the age of criminal majority. 2318 SECTION 260. Said section 10E of said chapter 269, as so appearing, is hereby further 2319 amended by striking out, in line 42, the figure “18” and inserting in place thereof the following 2320 words:- the age of criminal majority. Page 106 of 174 2321 SECTION 261. Section 10F of said chapter 269, as so appearing, is hereby amended by 2322 striking out, in lines 4 and 28, the words “18 years of age or over” and inserting in place thereof 2323 the following words:- who has attained the age of criminal majority. 2324 SECTION 262. Said section 10F of said chapter 269, as so appearing, is hereby further 2325 amended by striking out, in line 32, the figure “18”and inserting in place thereof the following 2326 words:- criminal majority. 2327 SECTION 263. Said section 10F of said chapter 269, as so appearing, is hereby further 2328 amended by striking out, in line 50, the words “17 years of age” and inserting in place thereof the 2329 following words:- who has attained the age of criminal majority 2330 SECTION 264. Section 10G of said chapter 269, as so appearing, is hereby amended by 2331 striking out, in lines 34 and 35, the words “18 years of age or over” and inserting in place thereof 2332 the following words:- who has attained the age of criminal majority. 2333 SECTION 265. Section 10H of said chapter 269, as so appearing, is hereby amended by 2334 striking out, in line 7, the words “the vapors of glue” and inserting in place thereof the following 2335 words:- from smelling or inhaling the fumes of any substance having the property of releasing 2336 toxic vapors as defined in section 18 of chapter 270. 2337 SECTION 266. Section 4 of chapter 272 of the General Laws is hereby repealed. 2338 SECTION 267. Said chapter 272 is hereby further amended by striking out section 40, as 2339 appearing in the 2016 Official Edition, and inserting in place thereof the following section:- 2340 Section 40. Whoever willfully interrupts or disturbs an assembly of people meeting for a 2341 lawful purpose shall be punished by imprisonment for not more than 1 month or by a fine of not 2342 more than $50; provided, however, that an elementary or secondary school student shall not be Page 107 of 174 2343 charged, adjudicated delinquent or convicted for an alleged violation of this section for such 2344 conduct within school buildings or on school grounds or in the course of school-related events. 2345 SECTION 268. Section 53 of said chapter 272, as so appearing, is hereby amended by 2346 striking out subsection(b) and inserting in place thereof the following subsection:- 2347 (b) Disorderly persons and disturbers of the peace shall, for a first offense, be punished 2348 by a fine of not more than $150; provided, however, that no such person who violates this 2349 subsection shall have a finding of delinquency entered against that person for a first offense. For 2350 a second or subsequent offense, disorderly persons and disturbers of the peace shall be punished 2351 by imprisonment in a jail or house of correction for not more than 6 months or by a fine of not 2352 more than $200 or by both such fine and imprisonment; provided, however, that an elementary 2353 or secondary school student shall not be charged, adjudicated delinquent or convicted for an 2354 alleged violation of this subsection for such conduct within school buildings or on school 2355 grounds or in the course of school-related events. 2356 SECTION 269. Section 6 of chapter 274 of the General Laws, as so appearing, is hereby 2357 amended by striking out, in lines 1 to 3, inclusive, the words “by doing any act toward its 2358 commission, but fails in its perpetration, or is intercepted or prevented in its perpetration,” and 2359 inserting in place thereof the following:- as defined in section 6A. 2360 SECTION 270. Said chapter 274 is hereby further amended by inserting after section 6 2361 the following section:- 2362 Section 6A. (a) A person shall be guilty of an attempt to commit a crime if, acting with 2363 the intent otherwise required for commission of the crime, such person: 2364 (i) purposely engages in conduct that would constitute the crime if the attendant 2365 circumstances were as the person believes them to be; Page 108 of 174 2366 (ii) when causing a particular result is an element of the crime, does or omits to do 2367 anything with the purpose of causing or with the belief that it will cause such result without 2368 further conduct on the person’s part; or 2369 (iii) purposely does or omits to do anything that, under the circumstances as the person 2370 believes them to be, is an act or omission constituting a substantial step in a course of conduct 2371 planned to culminate in that person’s commission of the crime. 2372 (b) Conduct shall not be held to constitute a substantial step under clause (iii) of 2373 subsection (a) unless it is strongly corroborative of the actor’s criminal purpose. 2374 (c) A person who engages in conduct designed to aid another to commit a crime that 2375 would establish such person’s complicity if the crime were committed by such other person, 2376 shall be guilty of an attempt to commit a crime whether or not the crime is committed or 2377 attempted by such other person. 2378 (d) When the actor’s conduct would otherwise constitute an attempt under clause (ii) or 2379 (iii) of subsection (a), it shall be an affirmative defense that the actor abandoned the effort to 2380 commit the crime or otherwise prevented its commission under circumstances which clearly 2381 demonstrate a complete and voluntary renunciation of the actor’s criminal purpose. The 2382 establishment of such a defense shall not affect the liability of an accomplice who did not join in 2383 such abandonment or prevention. 2384 Renunciation of criminal purpose shall not be deemed voluntary if it is motivated, in 2385 whole or in part, by circumstances not present or apparent at the inception of the actor’s course 2386 of conduct, that increase the probability of detection or apprehension or that make more difficult 2387 the accomplishment of the criminal purpose. Renunciation shall not be complete if it is Page 109 of 174 2388 motivated by a decision to postpone the criminal conduct until a more advantageous time or to 2389 transfer the criminal effort to another but similar objective or victim. 2390 SECTION 271. Said chapter 274 is hereby further amended by adding the following 2391 section:- 2392 Section 8. Whoever solicits, counsels, advises or otherwise entices another to commit a 2393 crime that may be punished by imprisonment in the state prison and who intends that the person, 2394 in fact, commit or procure the commission of the crime alleged shall, except as otherwise 2395 provided, be punished: 2396 (i) by imprisonment in the state prison for not more than 20 years or in a jail or house of 2397 correction for not more than 2½ half years or by a fine of not more than $10,000 or by both such 2398 fine and imprisonment if the intent of the solicitation, counsel, advice or enticement is a crime 2399 punishable by imprisonment for life; 2400 (ii) by imprisonment in the state prison for not more than 10 years or in a jail or house of 2401 correction for not more than 2½ years or by a fine of not more than $10,000 or by both such fine 2402 and imprisonment if the intent of the solicitation, counsel, advice or enticement is a crime 2403 punishable by imprisonment in the state prison for at least 10 years but not punishable by 2404 imprisonment for life; 2405 (iii) by imprisonment in the state prison for not more than 5 years or in a jail or house of 2406 correction for not more than 2½ years or by a fine of not more than $5,000 or by both such fine 2407 and imprisonment if the intent of the solicitation, counsel, advice or enticement is a crime 2408 punishable by imprisonment in the state prison for at least 5 years but not more than 10 years; or 2409 (iv) by imprisonment for not more 2½ years in a jail or house of correction or by a fine of 2410 not more than $2,000 or by both such fine and imprisonment if the intent of the solicitation, Page 110 of 174 2411 counsel, advice or enticement is a crime punishable by imprisonment in the state prison for less 2412 than 5 years. 2413 If a person is convicted of a crime of solicitation, counsel, advice or enticement for which 2414 crime the penalty for solicitation, counsel, advice or enticement is expressly set forth, in any 2415 other General Law, this section shall not apply and the penalty therefor shall be imposed 2416 pursuant to the other General Law. 2417 SECTION 272. Section 2 of chapter 275 of the General Laws, as appearing in the 2016 2418 Official Edition, is hereby amended by inserting after the word “subscribed”, in line 5, the 2419 following words:- electronically or in person. 2420 SECTION 273. Section 2A of chapter 276 of the General Laws, as so appearing, is 2421 hereby amended by striking out, in line 1, the word “The” and inserting in place thereof the 2422 following words:- The signature on the warrant may be made by electronic signature. The. 2423 SECTION 274. Section 2B of said chapter 276, as so appearing, is hereby amended by 2424 inserting after the word “personally”, in lines 1 and 2, the following words:- or through wire or 2425 electronic means. 2426 SECTION 275. Said section 2B of said chapter 276, as so appearing, is hereby further 2427 amended by inserting after the word “form”, in line 13, the following words:- and the signature 2428 therein may be made by electronic signature. 2429 SECTION 276. Section 22 of said chapter 276, as so appearing, is hereby amended by 2430 inserting after the word “subscribed”, in line 4, the following words:- electronically or in person. 2431 SECTION 277. Section 30 of said chapter 276, as so appearing, is hereby amended by 2432 striking out, in lines 5 and 6, the words “upon a finding of good cause by the court the fee may Page 111 of 174 2433 be waived” and inserting in place thereof the following words:- the court may waive the fee upon 2434 a finding of good cause or upon a finding that such fee would impose a substantial financial 2435 hardship on the person or the person’s family or dependents. 2436 SECTION 278. Said section 30 of said chapter 276, as so appearing, is hereby further 2437 amended by striking out, in line 11, the words “such person is indigent” and inserting in place 2438 thereof the following words:- the fee would impose a substantial financial hardship on the person 2439 or the person’s family or dependents. 2440 SECTION 279. Section 42A of said chapter 276, as so appearing, is hereby amended by 2441 striking out the first 6 paragraphs and inserting in place thereof the following paragraph:- 2442 As part of the disposition of a criminal complaint involving a crime of abuse as defined in 2443 section 57, the court may establish such terms and conditions of probation as will insure the 2444 safety of the person who has suffered such abuse or threat thereof and will prevent the recurrence 2445 of such abuse or the threat thereof. 2446 SECTION 280. Said chapter 276 is hereby further amended by striking out sections 57 to 2447 59, inclusive, as so appearing, and inserting in place thereof the following 8 sections:- 2448 Section 57. (a) The following words, as used in section 42A and sections 57 to 59, 2449 inclusive, shall have the following meanings unless the context clearly requires otherwise: 2450 “Bail commissioner”, a person other than a statutorily-authorized magistrate or an 2451 assistant clerk of the superior court department appointed by the trial court of the commonwealth 2452 to admit to bail outside of court hours. 2453 “Bail magistrate”, a clerk magistrate or assistant clerk magistrate of the district court 2454 department, Boston municipal court department, juvenile court department or housing court 2455 department or a clerk of court of the superior court department or an assistant clerk of the Page 112 of 174 2456 superior court department who has been approved by the trial court of the commonwealth to 2457 admit people to bail. 2458 “Controlled substance”, the same meaning as ascribed to it in section 1 of chapter 94C; 2459 “Crime of abuse”, a crime or complaint that involves the infliction, or the imminent threat 2460 of infliction, of physical harm upon a person by such person’s family or household member as 2461 defined in section 1 of chapter 209A, which may include assault and battery, trespass and threat 2462 to commit a crime or any violation of an order issued pursuant to section 18, 34B or 34C of 2463 chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A or section 15 or 20 of 2464 chapter 209C or any act that would constitute abuse as defined in said section 1 of said chapter 2465 209A or a violation of section 13M or 15D of chapter 265; 2466 “Dangerous crime”, (i) a felony offense that has as an element of the offense, the use, 2467 attempted use or threatened use of physical force against the person of another; (ii) burglary and 2468 arson; (iii) any other felony that, by its nature, involves a substantial risk that physical force 2469 against the person of another may result; (iv) a violation of an order pursuant to section 18, 34B 2470 or 34C of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A or section 15 2471 or 20 of chapter 209C; (v) a misdemeanor or felony involving abuse as defined in section 1 of 2472 said chapter 209A; (vi) a violation of section 13B of chapter 268; (vii) a third or subsequent 2473 violation of section 24 of chapter 90; (viii) a violent crime as defined in section 121 of chapter 2474 140 for which a term of imprisonment may be served; (ix) a second or subsequent offense of 2475 felony possession of a weapon or machine gun as defined in said section 121 of said chapter 140; 2476 (x) a violation of subsection (a), (c) or (m) of section 10 of chapter 269, except for a violation 2477 based on possession of a large capacity feeding device without simultaneous possession of a Page 113 of 174 2478 large capacity weapon; and (xi) a violation of section 10G of chapter 269; and (xii) a violation of 2479 section 13D of chapter 265 in which the public employee is alleged to be a police officer. 2480 “Financial condition”, a secured or unsecured bond. 2481 “Judicial officer”, a judge or a clerk or assistant clerk of the superior, district, Boston 2482 municipal, juvenile, probate and family or housing court. 2483 “Personal surety”, a person who agrees, to the satisfaction of the judicial officer, to 2484 ensure the appearance of a juvenile defendant. 2485 “Pretrial services”, the pretrial services initiative established in section 58D. 2486 “Release order”, an order releasing a defendant on personal recognizance or on 2487 conditions, regardless of whether the defendant has satisfied any financial condition. 2488 “Risk assessment tool”, an empirically-developed uniform tool validated in the 2489 commonwealth that analyzes risk factors, created or chosen and implemented by pretrial services 2490 to produce a risk assessment classification for a defendant that will aid the judicial officer in 2491 making determinations under sections 58 to 58C, inclusive; provided, however, that a separate, 2492 empirically-developed tool may be used for juveniles. 2493 “Secured bond”, payment to the court of a specified amount of money which, in the 2494 discretion of the judicial officer, would reasonably assure the presence of a criminal defendant as 2495 required, taking into consideration the defendant’s ability to pay. 2496 “Unsecured bond”, a defendant’s promise to pay to the court a specified amount of 2497 money if the defendant does not appear before the court on a date certain; provided, however, 2498 that the unsecured bond shall be in an amount that, in the discretion of the judicial officer, would 2499 reasonably assure the presence of a defendant as required, taking into consideration the 2500 defendant’s ability to pay. Page 114 of 174 2501 (b) Upon the appearance before a judicial officer of a defendant charged with an offense, 2502 the judicial officer shall hold a hearing, at which the defendant and defendant’s counsel, if any, 2503 may participate and inquire into the case to determine whether the defendant shall be released or 2504 detained pending trial of the case as provided in this section and sections 58 to 58B, inclusive. At 2505 the hearing, the judicial officer shall have immediate access to all pending and prior criminal 2506 offender record information, board of probation records and police and incident reports related to 2507 the defendant, upon oral, telephonic, facsimile or electronic mail request, to the extent 2508 practicable. At the conclusion of the hearing, the judicial officer shall issue an order that, 2509 pending trial, the defendant shall be: 2510 (i) released on personal recognizance under subsection (a) of section 58; 2511 (ii) released on conditions under subsection (b) of said section 58; 2512 (iii) detained or released on a condition or combination of conditions under section 58A; 2513 or 2514 (iv) temporarily detained for not more than 5 business days to permit revocation of 2515 conditional release under section 58B.; 2516 (c)(1) A hearing under section 58 shall take place not later than the next day that the 2517 superior, district, Boston municipal or juvenile court in the appropriate jurisdiction is in session 2518 following the defendant’s arrest; provided, however, that if a case involves a crime of abuse, the 2519 commonwealth shall be the only party that may move for arraignment within 3 hours of a 2520 complaint being signed by a clerk magistrate or a clerk magistrate’s designee; and provided 2521 further, that a defendant arrested for a crime of abuse who has attained the age of criminal 2522 majority shall not be admitted to bail sooner than 6 hours after arrest except by a judge in open 2523 court. Page 115 of 174 2524 (2) A hearing under section 58A shall be held immediately upon the first appearance of 2525 the defendant and upon the motion of the commonwealth unless the defendant, or an attorney for 2526 the commonwealth, seeks a continuance. Except for good cause shown, a continuance on motion 2527 of the defendant shall not exceed 5 business days and a continuance on motion of the 2528 commonwealth shall not exceed 3 business days. During a continuance, the individual shall be 2529 detained upon a showing that there existed probable cause to arrest the defendant. Once a hearing 2530 under said section 58A has been commenced, the defendant shall be detained pending 2531 completion of the hearing. 2532 (3) In any pending case where the defendant has been initially arraigned in the district, 2533 Boston municipal or juvenile court and is being subsequently arraigned in superior court for the 2534 same or related offenses arising out of the same incident, the superior court may conduct a new 2535 hearing under section 58 or, upon motion of the commonwealth, under section 58A; provided, 2536 however, that any order of the district, Boston municipal or juvenile court concerning the 2537 defendant issued under said section 58 or 58A shall remain in effect until the superior court 2538 issues a new order under said section 58 or 58A. In any new hearing in the superior court, the 2539 judicial officer shall consider the defendant’s compliance with any previously-ordered conditions 2540 of release or probation. 2541 If a defendant has posted bail in the district court or Boston municipal court and has 2542 subsequently been arraigned in the superior court for the same offense, the superior court clerk 2543 shall notify the district court or Boston municipal court clerk holding the defendant’s bail of such 2544 arraignment. Upon such notification, any amount tendered by a defendant in satisfaction of a 2545 financial condition in the district court or Boston municipal court shall be carried over to satisfy Page 116 of 174 2546 a financial condition required by the superior court. The judicial officers’ discretion in setting 2547 financial conditions shall not be affected by this paragraph. 2548 (4) Any hearing under section 58 may be reopened by the judicial officer, any hearing 2549 under section 58A or 58B may be reopened by the judge and any hearing under either said 2550 section 58, 58A or 58B may be reopened upon motion of the commonwealth or the defendant if 2551 the judicial officer or judge determines by a preponderance of the evidence that: (i) information 2552 exists that was not known to the moving party at the time of the hearing or there has been a 2553 material change in circumstances; and (ii) such information or change in circumstances has a 2554 material bearing on the issue of whether the defendant’s detention or the defendant’s release on 2555 conditions or the conditions imposed on the defendant are necessary and sufficient to reasonably 2556 assure the appearance of the defendant as required and the safety of any other person and the 2557 community. In any such reopened hearing, the judicial officer shall consider the defendant’s 2558 compliance with any previously-ordered conditions of release. 2559 Section 58. (a) The judicial officer shall order the pretrial release of the defendant on 2560 personal recognizance, subject to the condition that the defendant not commit a new offense 2561 during the period of release, unless the judicial officer determines, in its discretion, that the 2562 release will not reasonably assure the appearance of the defendant as required or will endanger 2563 the safety of any other person or the community. Upon adoption of a risk assessment tool by the 2564 Massachusetts probation service as set forth in section 58E, the judicial officer shall consult the 2565 risk assessment tool before making a determination pursuant to this section. 2566 (b) If the judicial officer determines that the release described in subsection (a) will not 2567 reasonably assure the appearance of the defendant as required or will endanger the safety of any 2568 other person or the community, the judicial officer shall order the pretrial release of the Page 117 of 174 2569 defendant subject to the condition that the defendant not commit a new offense during the period 2570 of release and shall: 2571 (i) in order to assure the defendant’s appearance, impose the least restrictive further 2572 condition or combination of conditions, in writing, which may include that the defendant, during 2573 the period of release, shall: 2574 (1) abide by specified restrictions on personal associations, place of abode and travel; 2575 (2) report on a regular basis to the office of probation including pretrial services or the 2576 office of community corrections; 2577 (3) refrain from using alcohol and marijuana and any controlled substance without a 2578 prescription or certification by a licensed medical practitioner; 2579 (4) submit to random testing to monitor compliance with any conditions ordered pursuant 2580 to subclause (3); provided, however, that a positive test for use of marijuana shall not be 2581 considered a violation of the conditions of pretrial release unless the judicial officer expressly 2582 prohibits the use or possession of marijuana as a condition of pretrial release; 2583 (5) comply with a specified curfew or home confinement; 2584 (6) undergo medical, psychological or psychiatric treatment, including treatment for 2585 substance or alcohol use disorder, if available, and remain in a specified institution if required for 2586 that purpose; 2587 (7) submit to electronic monitoring; provided, however, that any condition of electronic 2588 monitoring shall include either specified inclusion or exclusion zones or a curfew or a 2589 combination thereof; 2590 (8) participate in pretrial programming at a community corrections center pursuant to 2591 chapter 211F; provided, however, that the defendant shall consent to such participation; Page 118 of 174 2592 (9) provide an unsecured or secured bond to satisfy a financial condition that the judicial 2593 officer may specify; provided, however, that for offenses that do not carry a penalty of 2594 incarceration, no secured bond shall be ordered unless the defendant has previously failed to 2595 appear; provided further, that no financial condition shall be imposed on a defendant under the 2596 age of criminal majority; 2597 (10) for a juvenile defendant, release to a personal surety; 2598 (11) participate in a diversion program under chapter 276A, a diversion program under 2599 section 54A of chapter 119 for a child who is subject to the jurisdiction of the juvenile court, an 2600 alternative adjudication program or a drug, mental health, veteran or other treatment court; 2601 provided, however, that the defendant shall consent to such alternative adjudication program or a 2602 drug, mental health, veteran or other treatment court; and 2603 (12) satisfy any other condition that is reasonably necessary to assure the appearance of 2604 the defendant as required; provided, however, that no condition or combination of conditions 2605 shall be imposed pursuant to clause (i) of subsection (b) that is not reasonably necessary to 2606 assure the appearance of the defendant as required; or 2607 (ii) in order to assure the safety of any other person and the community, impose the least 2608 restrictive further condition or combination of conditions, in writing, which may include that the 2609 defendant, during the period of release, shall: 2610 (1) refrain from abusing and harassing any alleged victims of the offense and any 2611 potential witnesses who may testify concerning the offense; 2612 (2) stay away from and have no contact with any alleged victims of the offense and 2613 potential witnesses who may testify concerning the offense; Page 119 of 174 2614 (3) refrain from possessing a firearm, rifle, shotgun, destructive device or other 2615 dangerous weapon; 2616 (4) comply with a specified curfew or home confinement; 2617 (5) refrain from using alcohol and marijuana and any controlled substance without a 2618 prescription or certification by a licensed medical practitioner; 2619 (6) submit to random testing to monitor compliance with subclause (5); provided, 2620 however, that a positive test for use of marijuana shall not be considered a violation of the 2621 conditions of pretrial release unless the judicial officer expressly prohibits the use of marijuana 2622 as a condition of pretrial release; 2623 (7) undergo medical, psychological or psychiatric treatment, including treatment for 2624 substance or alcohol use disorder, if available, and remain in a specified institution if required for 2625 that purpose; 2626 (8) submit to electronic monitoring; provided, however, that any condition of electronic 2627 monitoring shall include either specified inclusion or exclusion zones or a curfew or a 2628 combination thereof; and 2629 (9) satisfy any other condition that is reasonably necessary to assure the safety of any 2630 other person and the community; provided, however, that no condition or combination of 2631 conditions shall be imposed clause (ii) of subsection (b) that is not reasonably necessary to 2632 assure the safety of any other person and the community. 2633 (c) When setting any conditions to reasonably assure the appearance of the defendant as 2634 required under clause (i) of subsection (b), the judicial officer shall consider, when relevant, the 2635 following factors concerning the defendant: 2636 (i) financial resources Page 120 of 174 2637 (ii) any results of a risk assessment tool if such tool is available as set forth in section 58E 2638 of this chapter; 2639 (iii) family ties; 2640 (iv) any record of convictions; 2641 (v) any potential penalty the defendant is facing; 2642 (vi) any illegal drug distribution charges or present drug dependence; 2643 (vii) history records; 2644 (viii) history of mental illness; 2645 (ix) any prior flight to avoid prosecution or fraudulent use of an alias or false 2646 identification; 2647 (x) any prior failure to appear at any court proceeding to answer to an offense; provided, 2648 however, that a judicial officer shall not consider a prior failure to appear at a court proceeding 2649 where a defendant younger than the age of criminal majority failed to appear because the 2650 defendant was unable to secure transportation to the proceeding; and 2651 (xi) any prior violation of conditions of release or probation. 2652 (d) When setting any conditions to reasonably assure the safety of any other person and 2653 the community under clause (ii) of subsection (b), the judicial officer shall consider, when 2654 relevant, the following factors concerning the defendant: 2655 (i) any factors listed in (c)(ii)-(xi); 2656 (ii) the nature and circumstances of the offense charged; 2657 (iii) whether the defendant is on release pending adjudication of a prior charge; 2658 (iv) whether the acts alleged involve a crime of abuse as defined in section 57; Page 121 of 174 2659 (v) any history of orders issued against the defendant pursuant to section 18 or 34B of 2660 chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A or section 15 or 20 of 2661 chapter 209C; 2662 (vi) any specific, articulable risk that the defendant might obstruct or attempt to obstruct 2663 justice or threaten, injure or intimidate or attempt to threaten, injure or intimidate a prospective 2664 witness or juror; 2665 (vii) whether the defendant is on probation, parole or other release pending completion of 2666 a sentence for another conviction; and 2667 (viii) whether the defendant is on release pending sentence or appeal for any conviction. 2668 (f) Before ordering the release of a defendant charged with a crime against the person or 2669 property of another, the judicial officer shall comply with the domestic abuse inquiry 2670 requirements of section 56A. 2671 (g) In a release order issued under this section, the judicial officer shall: 2672 (i) include a written statement that sets forth all of the conditions to which the release 2673 shall be subject, which shall be set forth in a manner sufficiently clear and specific to serve as a 2674 guide for the defendant’s conduct; and 2675 (ii) if a defendant is not released on personal recognizance or unsecured bond, include a 2676 written summary of the reasons for denying release on personal recognizance or unsecured bond 2677 and detailed reasons for imposing any financial condition; and 2678 (iii) advise the defendant of: 2679 (1) the consequences of violating a condition of release, including immediate arrest or the 2680 issuance of a warrant therefor, revocation of release and potential criminal penalties the Page 122 of 174 2681 defendant may face, including penalties for intimidation of a witness under section 13B of 2682 chapter 268; and 2683 (2) if the defendant is charged with a crime of abuse, informational resources related to 2684 domestic violence which shall include, but not be limited to, a list of certified intimate partner 2685 abuse education programs located within or near the court’s jurisdiction. 2686 (h) Whenever a judicial officer releases a defendant under this section, the court shall 2687 enter in writing on the court docket that the defendant was advised as required in clause (iii) of 2688 subsection (g) and that docket entry shall constitute prima facie evidence that the defendant was 2689 so informed. 2690 (i) If a defendant in a case involving a crime of abuse is released from a place of 2691 detention, the arresting police department shall make a reasonable attempt to notify the victim of 2692 the defendant’s release or, if the defendant is released by order of a court, the district attorney 2693 shall make a reasonable attempt to notify the victim of the defendant’s release. 2694 Section 58A. (a)(1) Upon motion of the commonwealth at the defendant’s first 2695 appearance in court, a judge shall hold a hearing to determine whether any condition or 2696 combination of conditions in section 58 will reasonably assure the safety of any other person and 2697 the community in a case: 2698 (i) that involves a dangerous crime as defined in section 57 or an offense under clause (1) 2699 or (2) of subsection (b) of section 32E of chapter 94C, clause (1), (2), (3) or (4) of subsection (c) 2700 of said section 32E of said chapter 94C or section 32F of said chapter 94C; 2701 (ii) where the defendant has an open charge for any crime or offense listed in clause (i); Page 123 of 174 2702 (iii) where the defendant has a conviction for any crime or offense listed in clause (i), 2703 unless the defendant has not been incarcerated for a crime or offense listed in said clause (i) 2704 within the previous 10 years; or 2705 (iv) where there is a serious risk that the defendant will obstruct or attempt to obstruct 2706 justice or threaten, injure or intimidate or attempt to threaten, injure or intimidate a law 2707 enforcement officer, an officer of the court or a prospective witness or juror in a criminal 2708 investigation or judicial proceeding. 2709 (2) If after a hearing pursuant to this section the judge finds by clear and convincing 2710 evidence that no condition or combination of conditions will reasonably assure the safety of any 2711 other person and the community, the judge shall order that the defendant be detained pending 2712 trial. If the judge does not so find, the defendant shall be released pursuant to section 58 on 2713 personal recognizance or unsecured bond or on such condition or combination of conditions as 2714 the judge determines to be necessary to reasonably assure the appearance of the defendant, as 2715 required, and the safety of any other person and the community. 2716 (b)(1) At a hearing under paragraph (1) of subsection (a), the defendant shall: 2717 (i) have the right to be represented by counsel and, if financially unable to obtain such 2718 counsel, the defendant shall have counsel appointed; 2719 (ii) be afforded an opportunity to testify; 2720 (iii) be afforded an opportunity to present witnesses, to cross examine witnesses who 2721 appear at the hearing and to present information by proffer or otherwise; provided, however, that 2722 before issuing a summons to an alleged victim or a member of the alleged victim’s family to 2723 appear as a witness at the hearing, the defendant shall demonstrate to the court a good faith and 2724 reasonable basis for believing that the testimony from that witness will be material and relevant Page 124 of 174 2725 to support a conclusion that there are conditions of release that will reasonably assure the safety 2726 of any other person and the community. 2727 (2) The law concerning admissibility of evidence in criminal trials shall not apply to the 2728 presentation and consideration of information at the hearing. 2729 (3) If a defendant has been released pursuant to section 58 and it subsequently appears 2730 that there are grounds that have arisen since the release for the defendant’s pretrial detention 2731 under paragraph (1) of subsection (a), the commonwealth may request a pretrial detention 2732 hearing by ex parte written motion. If the court grants the commonwealth’s motion, which shall 2733 be supported by an affidavit setting forth the factual basis of the additional grounds for detention, 2734 notice shall be given to the defendant and a hearing shall occur as set forth in this section. A 2735 defendant shall not be detained under this paragraph until after a hearing. 2736 (c) In determining whether there are conditions of release that will reasonably assure the 2737 safety of any other person and the community, a judge shall take into account information 2738 available concerning: 2739 (i) the factors listed in subsection (d) of section 58; 2740 (ii) the weight of the evidence against the defendant; and 2741 (iii) the nature and seriousness of the danger to any other person and the community that 2742 would be posed by the defendant’s release. 2743 Upon adoption of a risk assessment tool by the office of probation under section 58E, the 2744 judge shall consult the risk assessment tool before making a determination pursuant to this 2745 section. 2746 (d) If, after the hearing under this section, the judge determines that detention of the 2747 defendant is necessary under paragraph (2) of subsection (a), the judge shall issue an order that: Page 125 of 174 2748 (i) includes written findings of fact and a written statement of the reasons for the detention; (ii) 2749 directs that the defendant be committed to a correction facility separate, to the extent practicable, 2750 from persons serving sentences; and (iii) directs that the defendant be afforded reasonable 2751 opportunity for private consultation with counsel. 2752 If the judge releases the defendant, the order for release shall comply with section 58. 2753 (e) A defendant detained under this section shall be brought to trial as soon as reasonably 2754 possible. For cases prosecuted in juvenile court, district court or Boston municipal court, in the 2755 absence of good cause, a defendant shall not be detained under this section for more than 120 2756 days, if older than the age of criminal majority, and for a period of not more than 60 days for a 2757 defendant who is younger than the age of criminal majority, excluding any period of delay as 2758 defined in Rule 36(b)(2) of the Massachusetts Rules of Criminal Procedure. Defendants indicted 2759 and pending prosecution in the superior court shall not be detained under this section for more 2760 than 180 days, excluding any period of delay as defined in said Rule 36(b)(2) of the 2761 Massachusetts Rules of Criminal Procedure. If the defendant’s case has not been brought to trial 2762 or otherwise resolved by the end of the periods prescribed by this section, excluding any period 2763 of delay as defined above, the defendant shall be entitled to a de novo reconsideration of the 2764 detention order by the court that originally issued the order. (f) Nothing in this section shall be 2765 construed to modify or limit the presumption of innocence. 2766 Section 58B. (a) A defendant who has been released after a hearing pursuant to section 2767 58, 58A, 59 or 87 and who has violated a condition of release shall be subject to a revocation of 2768 release and an order of detention. 2769 (b) The judge shall enter an order of revocation and detention if, after a hearing, the judge 2770 finds that: (i) there is probable cause to believe that the defendant has committed a crime while Page 126 of 174 2771 on release or there is clear and convincing evidence that the defendant has violated any other 2772 condition of release; and (ii) there are no conditions of release that will reasonably assure the 2773 defendant will not pose a danger to the safety of any other person or the community. The judge 2774 may, in the judge’s discretion, enter an order of revocation and detention if, after a hearing, the 2775 judge finds that: (i) there is probable cause to believe that the defendant has committed a crime 2776 while on release or there is clear and convincing evidence that the defendant has violated any 2777 condition of release other than committing a crime; and (ii) the defendant is unlikely to abide by 2778 any condition or combination of conditions of release. 2779 (c) If the judge issues a release order under this section, the judge may order any 2780 condition or combination of conditions of release under clause (i) and (ii) of subsection (b) of 2781 section 58. 2782 (d) Upon the defendant’s first appearance before the judge that will conduct proceedings 2783 for revocation of an order of release under this section, the hearing concerning revocation shall 2784 be held immediately unless the defendant or the commonwealth seeks a continuance. During a 2785 continuance, the defendant shall be detained without bail unless the judge finds that there are 2786 conditions of release that will reasonably assure that the defendant will not pose a danger to the 2787 safety of any other person or the community and that the defendant will abide by conditions of 2788 release. If the defendant is detained without bail, a continuance on a motion of the defendant 2789 shall not be for more than 5 business days, except for good cause, and a continuance on motion 2790 of the commonwealth or probation shall not be for more than 3 business days, except for good 2791 cause. A defendant detained under an order of revocation and detention shall be brought to trial 2792 as soon as reasonably possible. For cases prosecuted in juvenile court, district court or Boston 2793 municipal court, in the absence of good cause, a defendant shall not be detained under this Page 127 of 174 2794 section for more than 90 days, if older than the age of criminal majority, and for a period of not 2795 more than 60 days for a defendant who is younger than the age of criminal majority, excluding 2796 any period of delay as defined in Rule 36(b)(2) of the Massachusetts Rules of Criminal 2797 Procedure. Defendants indicted and pending prosecution in the superior court shall not be 2798 detained under this section for more than 180 days, excluding any period of delay as defined in 2799 Rule 36(b)(2) of the Massachusetts Rules of Criminal Procedure. If the defendant’s case has not 2800 been brought to trial or otherwise resolved by the end of the periods prescribed by this section, 2801 excluding any period of delay as defined above, the defendant shall be entitled to a de novo 2802 reconsideration of the detention order by the court that originally issued the order. 2803 Section 58C. (a) A defendant who is released on conditions or detained under section 58 2804 or section 58A pursuant to an order of the district court department, the Boston municipal court 2805 department or the juvenile court department shall, upon application, be entitled to have the 2806 conditions or order of detention reviewed de novo by the superior court department on the next 2807 day that court is in session. 2808 (b) A defendant who is released on conditions or detained under section 58 or 58A or 2809 who is the subject of an order under subsection (a) pursuant to an order of the superior court 2810 department may seek relief from a single justice of the appeals court in extraordinary cases 2811 involving a clear and substantial abuse of discretion or a clear and substantial error of law. 2812 (c) A judge hearing a review pursuant to subsection (a) or (b) may consider the record 2813 below which the commonwealth and the defendant may supplement. The reviewing judge may, 2814 after a hearing on the petition for review, order that the petitioner be released on personal 2815 recognizance or on any of the conditions set forth in clause (i) and (ii) of subsection (b) of 2816 section 58 or, in the judge’s discretion to reasonably assure the effective administration of Page 128 of 174 2817 justice, make any other order of recognizance or conditions, or the judge may remand the 2818 petitioner in accordance with the terms of the process by which the petitioner was ordered 2819 committed. 2820 Section 58D. (a) There shall be in the office of probation a pretrial services initiative, 2821 hereinafter referred to as pretrial services. Pretrial services shall be led by a supervisor of pretrial 2822 services. The supervisor shall be a person of ability and experience in the pretrial process who 2823 shall be chosen and appointed by the commissioner of probation. 2824 (b) Pretrial services shall perform the following duties for the departments of the trial 2825 court of the commonwealth: 2826 (i) develop, in coordination with the court and other criminal justice agencies, programs 2827 to minimize unnecessary pretrial detention and violations of conditions of release set forth in 2828 section 58; 2829 (ii) monitor the local implementation of pretrial services as provided in this section and 2830 maintain accurate and comprehensive records of pretrial services’ activities; 2831 (iii) provide notification to supervised defendants of court appearance obligations and, as 2832 needed, require periodic reporting by letter, telephone, electronic communication, personal 2833 appearance or by other means designated by pretrial services to verify compliance with 2834 conditions of release; 2835 (iv) assist defendants who are released prior to trial in securing appropriate employment, 2836 medical, drug, mental or other health treatment or other needed social services that may increase 2837 the defendant’s chances of successful compliance with the conditions of release; Page 129 of 174 2838 (v) prepare a formal report of new charges against defendants released on conditions and 2839 present the same to the court and to the prosecuting officer who shall aid pretrial services in 2840 presenting such violations; and 2841 (vi) perform any other duties that the commissioner of probation deems necessary to 2842 support the operation of pretrial services. 2843 (c) Pretrial services may be provided with probation staff, including community 2844 correction staff, as determined by the commissioner of probation. 2845 (d) A defendant shall not be interviewed by pretrial services unless the defendant has 2846 been apprised of the identity and purpose of the interview, the scope of the interview, the right to 2847 counsel and the right to refuse cooperation. Inquiry of the defendant shall carefully exclude 2848 questions concerning the details of the current charge. Statements made by the defendant during 2849 the interview or evidence derived therefrom shall not be admissible against the defendant in any 2850 pending criminal prosecution, including in determining the defendant’s guilt or the appropriate 2851 disposition or if the defendant has violated a condition of probation or pretrial release or a 2852 condition of parole, except that such statements and evidence may be used in determining 2853 appropriate conditions of release and conditions of probation. 2854 (e) The supervisor of pretrial services shall submit annual reports to the commissioner of 2855 probation, the chief justice of the trial court, the court administrator, the chief justice of the 2856 supreme judicial court and the clerks of the senate and the house of representatives who shall 2857 forward the report to the senate and house chairs of the joint committee on the judiciary. The 2858 report shall include, but not be limited to, if available: (i) analysis on demographics of the 2859 pretrial population, including age, race and gender; (ii) appearance and default rates; (iii) 2860 conditions imposed upon release; (iv) caseload of the pretrial services initiative; (v) length of Page 130 of 174 2861 supervision; and (vi) any other analytical data deemed appropriate; provided, however, that any 2862 data included in the report shall be presented only in aggregated form so that no individual can 2863 be identified. 2864 Section 58E. (a) Subject to appropriation, pretrial services shall create or choose a risk 2865 assessment tool that analyzes risk factors to produce a risk assessment classification for a 2866 defendant that will aid the judicial officer in determining pretrial release or detention under 2867 sections 58 to 58C, inclusive. Any such tool shall be tested and validated in the commonwealth 2868 to identify and eliminate unintended economic, race, gender or other bias. 2869 The pretrial services initiative shall: (i) establish procedures for screening defendants 2870 who are presented in court for a first appearance to assist the trial court in determining any 2871 appropriate conditions of release or detention under sections 58 to 58C, inclusive; (ii) record and, 2872 to the extent possible, verify information required by the risk assessment tool; and (iii) submit a 2873 written report to the judicial officer and to all parties and counsel of record which shall include 2874 the results of the risk assessment tool, the defendant’s eligibility for diversion, treatment or other 2875 alternative adjudication programs and any recommendations concerning any appropriate 2876 conditions of release or detention under said section 58 and section 58A. 2877 (b) A representative of pretrial services shall, when feasible, be available at any hearing 2878 wherein the judicial officer will be considering the pretrial services written report. 2879 (c) When ordered by the judicial officer, pretrial services shall monitor and supervise 2880 compliance with the conditions of release ordered under section 58 and, when appropriate, shall 2881 proceed under section 58B. 2882 (d) Records created concerning pretrial services, including aggregate data, shall not be 2883 considered criminal offender record information and shall be subject to the same limitations on Page 131 of 174 2884 disclosure as other records kept by the office of probation. Aggregate data that concerns pretrial 2885 services shall be available to the public in a form that does not allow an individual to be 2886 identified. Subject to redaction for safety and third-party considerations, an individual shall have 2887 access to their own records and information collected or created by pretrial services. 2888 (e) The trial court of the commonwealth, in coordination with pretrial services, shall 2889 develop curricula and make training opportunities available on a rolling basis to all judicial 2890 officers eligible to make decisions under sections 58, 58A, 58B and 59. The training shall 2891 include information on the risk assessment tools, risk assessment scoring and recommended 2892 supervision levels, conditions of release and any other information that the trial court or the 2893 commissioner of probation deem appropriate. 2894 (f) Information about any risk assessment tool, the risk factors such a tool analyzes, the 2895 data on which the analysis of risk factors is based, the nature and mechanics of any validation 2896 process and the results of any audits or tests to identify and eliminate bias shall be a public 2897 record and subject to discovery. 2898 Section 59. (a) If a defendant is arrested and charged with an offense, other than murder 2899 in the first or second degree or a crime of abuse or treason when the courts having jurisdiction 2900 over the offense are not in session, a bail commissioner or bail magistrate shall appear as soon as 2901 possible but not more than 6 hours after the defendant’s arrest unless the defendant lacks the 2902 capacity to understand and participate in the bail proceedings; provided, however, that failure of 2903 a bail commissioner or bail magistrate to appear within the prescribed time shall not constitute 2904 grounds for dismissal of the charges against a defendant. If a defendant is charged with a crime 2905 of abuse, the bail commissioner or bail magistrate shall not appear earlier than 6 hours after the 2906 defendant’s arrest but shall appear as soon as possible thereafter. Page 132 of 174 2907 (b) The bail commissioner or bail magistrate shall order the pretrial release of a defendant 2908 on personal recognizance, subject to the condition that the defendant not commit a new offense 2909 during the period of release, unless the bail commissioner or bail magistrate determines that 2910 release on personal recognizance will not reasonably assure the appearance of the defendant as 2911 required or will endanger the safety of any other person or the community. 2912 (c)(1) If the bail commissioner or bail magistrate determines that the release described in 2913 subsection (b) will not reasonably assure the appearance of the defendant as required or will 2914 endanger the safety of any other person or the community, the bail commissioner or bail 2915 magistrate may order the pretrial release of the defendant subject to the following conditions: (i) 2916 the defendant shall not commit a new offense during the period of release; and (ii) the bail 2917 commissioner or bail magistrate shall impose the least restrictive further condition or 2918 combination of conditions that the bail commissioner or bail magistrate determines will 2919 reasonably assure the appearance of the defendant as required and the safety of any other person 2920 and the community; provided, however, that such conditions may include, but shall not be 2921 limited to, orders that the defendant shall: 2922 (A) abide by specified restrictions on personal associations, places of abode or travel; 2923 (B) refrain from the use of alcohol or marijuana or any controlled substance without a 2924 prescription or certification by a licensed medical practitioner; 2925 (C) comply with a specified curfew or home confinement; 2926 (D) refrain from abusing and harassing any alleged victim of the offense and any 2927 potential witnesses who may testify concerning the offense; 2928 (E) stay away from and have no contact with an alleged victim of the offense or with 2929 potential witnesses who may testify concerning the offense; Page 133 of 174 2930 (F) refrain from possessing a firearm, rifle, shotgun, destructive device or other 2931 dangerous weapon; 2932 (G) provide unsecured or secured bond to satisfy a financial condition that the bail 2933 commissioner or bail magistrate may specify; provided, that no financial condition shall be 2934 imposed on a defendant who is younger than the age of criminal majority; or 2935 (H) satisfy any other condition that is reasonably necessary to assure the appearance of 2936 the defendant as required or the safety of any other person and the community. 2937 (2) When setting conditions under this subsection, the bail commissioner or bail 2938 magistrate shall consider, when relevant, the following factors concerning the defendant: 2939 (i) financial resources; 2940 (ii) family ties; 2941 (iii) any record of convictions; 2942 (iv) any potential penalty the defendant is facing; 2943 (v) any illegal drug distribution charges or present drug dependence; 2944 (vi) employment records; 2945 (vii) history of mental illness; 2946 (viii) any prior flight to avoid prosecution or fraudulent use of an alias or false 2947 identification; 2948 (ix) any prior failure to appear at any court proceedings to answer to an offense; 2949 (x) the nature and circumstances of the offense charged; 2950 (xi) whether the defendant is on bail pending adjudication of a prior charge; 2951 (xii) whether the acts alleged involve a crime of abuse as defined in section 57; Page 134 of 174 2952 (xiii) any history of orders issued against the defendant pursuant to section 18 or 34B of 2953 chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A or section 15 or 20 of 2954 chapter 209C; 2955 (xiv) any specific, articulable risk that the defendant might obstruct or attempt to obstruct 2956 justice or threaten, injure or intimidate or attempt to threaten, injure or intimidate a prospective 2957 witness or juror; 2958 (xv) whether the defendant is on probation, parole or other release pending completion of 2959 a sentence for another conviction; and 2960 (xvi) whether the defendant is on release pending sentencing or appeal for another 2961 conviction. 2962 (d) Bail commissioners and bail magistrates shall not impose a financial condition to 2963 assure the safety of any other person and the community, but may impose a financial condition 2964 on a defendant who is older than the age of criminal majority when necessary to reasonably 2965 assure the defendant’s appearance as required. If the defendant represents in good faith that the 2966 defendant lacks sufficient financial resources to post the secured bond required by the bail 2967 commissioner or bail magistrate such that the defendant will likely be detained until the next day 2968 that court is in session, the bail commissioner or bail magistrate may impose the secured bond 2969 only if the bail commissioner or bail magistrate confirms, in writing, that the bail commissioner 2970 or bail magistrate considered the defendant’s financial resources and explains why the 2971 defendant’s risk of nonappearance is so great that no alternative, less restrictive financial or 2972 nonfinancial conditions will suffice to assure the defendant’s presence at future court 2973 proceedings. Page 135 of 174 2974 (e) Where a bail commissioner or bail magistrate orders that a defendant who is younger 2975 than the age of criminal majority be detained until the next day that court is in session because no 2976 condition or combination of conditions will reasonably assure the appearance of the defendant as 2977 required, the bail commissioner or bail magistrate shall provide findings of fact and a statement 2978 of reasons for the decision, in writing, explaining why no alternative, less restrictive condition or 2979 combination of conditions will suffice to assure the defendant’s presence at future court 2980 proceedings. 2981 (f) Before issuing any release order under this section for a defendant who is released on 2982 bail pending adjudication of a prior charge or is on probation, the bail commissioner or bail 2983 magistrate shall contact the office of probation’s electronic monitoring center to inform them of 2984 the defendant’s arrest and charge. 2985 (g) In a release order issued under this section, the bail commissioner or bail magistrate 2986 shall advise the defendant of: 2987 (i) the consequences of violating a condition of release, including immediate arrest or 2988 issuance of a warrant therefor, revocation of release and the potential that the defendant may face 2989 criminal penalties, including penalties for intimidation of a witness under section 13B of chapter 2990 268; and 2991 (ii) if the defendant is charged with a crime of abuse, informational resources related to 2992 domestic violence which shall include, but shall not be limited to, a list of certified intimate 2993 partner abuse education programs located within or near the court’s jurisdiction. 2994 (h) If the defendant in a case involving a crime of abuse is released from the place of 2995 detention, the arresting police department shall make a reasonable attempt to notify the victim of 2996 the defendant’s release. Page 136 of 174 2997 (i) If a defendant is charged with a dangerous crime or a crime of abuse, the bail 2998 commissioner or bail magistrate shall not be required to set a cash bail and shall order the 2999 defendant held until the next day that the court is in session if the bail commissioner or bail 3000 magistrate determines that no condition or combination of conditions will reasonably assure the 3001 appearance of the defendant as required or the safety of any other person or the community. 3002 (j) When ordering detention under subsection (d) or (e), the bail commissioner or bail 3003 magistrate shall take into account information available concerning: (i) any relevant factors listed 3004 paragraph (2) of subsection (c); (ii) the weight of the evidence against the defendant; and (iii) the 3005 nature and seriousness of the danger to any other person or the community that would be posed 3006 by the defendant’s release. 3007 (k) The terms and conditions of an order by a bail commissioner or bail magistrate shall 3008 remain in effect until the defendant is brought before the court for arraignment under sections 57, 3009 58 and 58A. 3010 (l) When a bail commissioner or bail magistrate releases a defendant on conditions under 3011 subsection (c), the bail commissioner or bail magistrate shall record the conditions and provide a 3012 copy of such conditions to the defendant and the detaining authority and shall transmit a copy to 3013 the court. 3014 (m) If a defendant released on conditions by a bail commissioner or bail magistrate under 3015 subsection (c) violates any of the conditions, that violation shall be enforceable under section 3016 58B. 3017 (n) Nothing in this section shall be construed to modify or limit the presumption of 3018 innocence. Page 137 of 174 3019 (o) Bail commissioners and bail magistrates authorized to release a defendant on 3020 recognizance, release a defendant on conditions or detain a defendant under this section shall be 3021 governed by rules established by the chief justice of the trial court of the commonwealth, subject 3022 to review by the supreme judicial court. 3023 (p) Nothing in this section shall authorize a bail commissioner or bail magistrate to 3024 release a defendant who has been arrested and charged with first or second degree murder. 3025 SECTION 281. Section 61A of chapter 276 of the General Laws is hereby repealed. 3026 SECTION 282. Said chapter 276 is hereby further amended by striking out section 61B, 3027 as appearing in the 2016 Official Edition, and inserting in place thereof the following section:- 3028 Section 61B. No surety under this chapter shall be compensated for acting as surety. 3029 SECTION 283. Section 79 of said chapter 276 is hereby repealed. 3030 SECTION 284. Section 87 of said chapter 276, as appearing in the 2016 Official Edition, 3031 is hereby amended by striking out, in line 7, the figure “18” and inserting in place thereof the 3032 following words:- criminal majority. 3033 SECTION 285. Said section 87 of said chapter 276, as so appearing, is hereby further 3034 amended by striking out, in lines 14 and 15, the words “was eighteen years of age or older” and 3035 inserting in place thereof the following words:- had attained the age of criminal majority. 3036 SECTION 286. The first paragraph of section 87A of said chapter 276, as so appearing, is 3037 hereby amended by adding the following sentence:- No person placed on probation shall be 3038 found to have violated a condition of probation: (i) solely on the basis of possession or use of a 3039 controlled substance that has been lawfully dispensed pursuant to a valid prescription to that 3040 person by a health professional registered to prescribe a controlled substance pursuant to chapter 3041 94C and acting within the lawful scope of the health professional’s practice; or (ii) solely on the Page 138 of 174 3042 basis of possession or use of medical marijuana obtained in compliance with and in quantities 3043 consistent with applicable state regulations if that person received a written certification from a 3044 licensed physician for the use of medical marijuana to treat a debilitating medical condition and 3045 the person possesses a valid medical marijuana registration card and if the quantity in the 3046 person’s possession is not greater than the amount recommended in the physician’s written 3047 certification. 3048 SECTION 287. Said section 87A of said chapter 276, as so appearing, is hereby further 3049 amended by striking out the third paragraph and inserting in place thereof the following 3050 paragraph:- 3051 The court may waive payment of the fees if it determines after a hearing that such 3052 payment would impose a substantial financial hardship on the person or the person’s family or 3053 dependents. Following the hearing and upon a finding of hardship, the court may require any 3054 such person to perform unpaid community service work at a public or nonprofit agency or 3055 facility, monitored by the probation department, for not more than 4 hours per month in lieu of 3056 payment of a probation fee. A waiver shall be in effect only during the period of time that a 3057 person is unable to pay the monthly probation fee. 3058 SECTION 288. Said section 87A of said chapter 276, as so appearing, is hereby further 3059 amended by striking out the eighth paragraph and inserting in place thereof the following 3060 paragraph:- 3061 The court may waive payment of the fee if it has determined, after a hearing, that the 3062 payment would impose a substantial financial hardship on the person or the person’s family or 3063 dependents. A waiver shall be in effect only during the period of time that the person is unable to 3064 pay the monthly probation fee. Page 139 of 174 3065 SECTION 289. Section 89A of said chapter 276, as so appearing, is hereby amended by 3066 striking out, in line 3, the figure “18” and inserting in place thereof the following words:- 3067 criminal majority. 3068 SECTION 290. Said chapter 276 of the General Laws is hereby amended by inserting 3069 after section 89A the following section:- 3070 Section 89B. Probation officers appointed under subsection (f) of section 83 of this 3071 chapter may be designated by the commissioner to exclusively supervise young adults, who are 3072 19 to 26 years of age and have been placed in the care of probation officers under section 87 so 3073 that these individuals may benefit from age appropriate guidance, targeted interventions and a 3074 greater degree of individual attention. 3075 Probation officers designated under this section shall be selected based on their 3076 demonstrated experience and commitment to working with young adults and shall perform their 3077 services under the direction of the commissioner. 3078 Probation officers designated under this section shall receive specialized training on 3079 topics including but not limited to: supervising and counseling young adults, psycho-social and 3080 behavioral development of young adults, cultural competency, rehabilitation of young adults, 3081 educational programs, and relevant community-based services and programs. 3082 SECTION 291. Said chapter 276 is hereby further amended by striking out section 92, as 3083 appearing in the 2016 Official Edition, and inserting in place thereof the following section:- 3084 Section 92. (a) In a criminal case where the victim has suffered an actual economic loss 3085 that is causally connected to a crime for which the defendant has been convicted, has entered a 3086 plea of guilty or nolo contendere or has admitted to sufficient facts to warrant a finding of guilt, Page 140 of 174 3087 the court may order the defendant to make financial restitution to the victim for such loss as a 3088 condition of probation as set forth in this section. As used in this section, “defendant” shall 3089 include a delinquent child or youthful offender and “actual economic loss” shall mean the loss of 3090 money or property, excluding consequential damages or costs. 3091 (b) Before ordering restitution pursuant to this section, the court shall determine the 3092 appropriate length of any probationary period to be served by the defendant which shall be based 3093 on the amount of time necessary to rehabilitate the defendant and protect the public. The court 3094 shall not order a longer probationary period to enable the defendant to make restitution; 3095 provided, however, that if the court determines that there is no reason to impose probation other 3096 than to collect restitution, the court may impose a probationary period of 60 days or less for such 3097 purpose. 3098 (c) Before ordering restitution pursuant to this section, the court shall conduct an 3099 evidentiary hearing and make findings concerning: (i) the amount of actual economic loss 3100 suffered by the victim that is causally connected to the defendant's crime; and (ii) the amount of 3101 restitution that the defendant has the ability to pay monthly without causing substantial financial 3102 hardship, taking into account the defendant’s financial resources, including the defendant’s 3103 income and net assets and the defendant’s financial obligations, including the amount necessary 3104 to meet basic human needs such as food, shelter and clothing for the defendant and the 3105 defendant’s family or dependents. The defendant shall bear the burden of proving by a 3106 preponderance of the evidence an inability to pay; provided, however, that the court shall 3107 presume that a defendant under the age of criminal majority is indigent unless the court finds that 3108 the payment would not impose a substantial financial hardship on such person or the person’s 3109 family. At any such hearing, the victim may testify regarding the amount of the loss and the Page 141 of 174 3110 defendant may cross examine the victim, but such cross-examination shall be limited to the issue 3111 of restitution. The defendant may rebut the victim’s estimate of the amount of loss with expert 3112 testimony or other evidence. The commonwealth shall bear the burden of proving by a 3113 preponderance of the evidence the amount of the actual economic loss suffered by the victim that 3114 is causally connected to the defendant’s crime. The hearing need not address issues as to which 3115 the commonwealth and the defendant have reached an agreement that has been presented to the 3116 court, whether by written stipulation or as part of the defendant’s plea of guilty or nolo 3117 contendere or admission to sufficient facts to warrant a finding of guilt. An agreement between 3118 the commonwealth and the defendant concerning the amount of the victim’s actual economic 3119 loss shall be docketed by the clerk. 3120 (d) The total amount of restitution ordered by the court shall not exceed the lesser of: (i) 3121 the amount of actual economic loss suffered by the victim that is causally connected to the 3122 defendant’s crime; or (ii) the amount of restitution that the defendant has the ability to pay 3123 monthly without causing substantial financial hardship, multiplied by the total number of months 3124 of probation ordered by the court in accord with subsection (b). 3125 (e) If the defendant is placed on probation with a condition that the defendant pay 3126 restitution to the victim and payment is not made at once, the court may order that the payment 3127 shall be made to the clerk of the court who shall give receipts for and keep a record of all 3128 payments made, pay the money to the person injured and keep a receipt therefor and notify the 3129 probation officer when the full amount of the money is received or paid in accordance with such 3130 order or with any modification thereof. 3131 (f) The court may modify the probation condition regarding the payment of restitution 3132 based on any material change in the defendant’s financial circumstances. Page 142 of 174 3133 (g) If the court orders the defendant to make restitution under this section, the court may 3134 also issue a civil judgment in favor of the victim and against the defendant for the amount of the 3135 victim’s actual economic loss that is causally connected to the defendant’s crime, less the 3136 amount of restitution that the defendant has been ordered to pay. Upon the expiration or 3137 revocation of the defendant’s probation, the victim or the commonwealth may, with notice to the 3138 defendant, request the court to amend the civil judgment to include any amount of restitution that 3139 the defendant has failed to pay in accord with the restitution order. 3140 (h) If the court does not order the defendant to make restitution under subsection (a), the 3141 court may, upon the request of the commonwealth, issue a civil judgment in favor of the victim 3142 and against the defendant for the amount of the victim’s actual economic loss that is causally 3143 connected to the defendant’s crime; provided, however, that: (i) the defendant shall have agreed 3144 to the amount of such loss as part of the defendant’s plea of guilty or nolo contendere or 3145 admission to sufficient facts to warrant a finding of guilt; or (ii) the court has determined the 3146 amount of such loss after a hearing as provided in subsection (c). 3147 (i) A civil judgment issued under subsections (g) or (h) shall be enforceable by the victim 3148 or by the commonwealth acting on behalf of the victim in the same manner as any other civil 3149 judgment. In addition to the amount of the civil judgment, the victim shall be entitled to recover 3150 from the defendant reasonable attorneys’ fees and costs incurred in enforcing or executing the 3151 civil judgment. 3152 (j) A civil judgment issued under subsections (g) or (h) shall be dischargeable in 3153 bankruptcy. 3154 (k) Nothing herein shall bar the victim from seeking recovery from the defendant in any 3155 other civil proceeding; provided, however, that any amount recovered by the victim pursuant to Page 143 of 174 3156 the court’s restitution order or the civil judgment under subsections (g) or (h) shall be set off 3157 against any other civil claim by the victim for the same actual economic loss. 3158 SECTION 292. Section 100A of said chapter 276, as so appearing, is hereby amended by 3159 striking out, in lines 9, 14, and 21, the figure “5” and inserting in place thereof, in each instance, 3160 the following figure:- 3. 3161 SECTION 293. Said section 100A of said chapter 276, as so appearing, is hereby further 3162 amended by striking out, in lines 12, 15, and 22, the figure “10” and inserting in place thereof, in 3163 each instance, the following figure:- 7. 3164 SECTION 294. Said section 100A of said chapter 276, as so appearing, is hereby further 3165 amended by inserting after the figure “268A”, in line 28, the following words:- , except for 3166 convictions for resisting arrest. 3167 SECTION 295. Said section 100A of said chapter 276, as so appearing, is hereby further 3168 amended by striking out, in line 83, the words “for employment used by an employer” and 3169 inserting in place thereof the following words:- used to screen applicants for employment, 3170 housing or an occupational or professional license. 3171 SECTION 296. Said section 100A of said chapter 276, as so appearing, is hereby further 3172 amended by inserting after the word “employment”, in line 85, the following words:- or for 3173 housing or an occupational or professional license. 3174 SECTION 297. Said section 100A of said chapter 276, as so appearing, is hereby further 3175 amended by inserting after the word “employment”, in line 89, the following words:- or for 3176 housing or an occupational or professional license. Page 144 of 174 3177 SECTION 298. Said section 100A of said chapter 276, as so appearing, is hereby further 3178 amended by inserting after the word “employment”, in line 92, the following words:- or for 3179 housing or an occupational or professional license. 3180 SECTION 299. Said chapter 276 is hereby amended by striking out section 100B, as so 3181 appearing, and inserting in place thereof the following section:- 3182 Section 100B. (a) A person having a record of entries of a court appearance in a 3183 proceeding pursuant to section 52 to 62 of chapter 119, inclusive, on file in the office of the 3184 commissioner of probation may, on a form furnished by the commissioner, signed under the 3185 penalties of perjury, request that the commissioner seal that file. The commissioner shall comply 3186 with such a request, provided that: (i) the court appearance or disposition, including court 3187 supervision, probation, commitment or parole, the records for which are to be sealed, terminated 3188 not less than 1 year prior to the request; (ii) said person has not been adjudicated a delinquent 3189 child or youthful offender or found guilty of a criminal offense within the commonwealth during 3190 the 1 year preceding the request, except for motor vehicle offenses in which the penalty does not 3191 exceed a fine of $550, and was not imprisoned under sentence or committed as a delinquent child 3192 or youthful offender within the commonwealth within the preceding 1 year; and (iii) the form 3193 requesting sealing includes a statement by the petitioner signed under the penalties of perjury 3194 that the petitioner has not been adjudicated a delinquent child or youthful offender or found 3195 guilty of a criminal offense in any other state, United States possession or in a court of federal 3196 jurisdiction, except for the motor vehicle offenses described in clause (ii), and has not been 3197 imprisoned under sentence or committed as a delinquent or youthful offender in any state or 3198 county during the preceding 1 year. Page 145 of 174 3199 (b) At the time of dismissal of a case, nolle prosequi, without adjudication or when 3200 imposing a sentence, period of commitment or probation or other disposition under section 58 of 3201 said chapter 119, the court shall inform all juvenile defendants in writing of their right to seek 3202 sealing under this section and, if the case ended in a dismissal, nolle prosequi, or without 3203 adjudication, the court shall order sealing of the record at the time of the disposition unless the 3204 person charged with the offense objects. 3205 (c) Records sealed under this section shall not disqualify a person in any examination, 3206 appointment or application for public service in the service of the commonwealth or any political 3207 subdivision thereof, nor shall sealed records be admissible in evidence or used in any way in 3208 court proceedings or hearings before a court, board or commission to which the person is a party, 3209 except in imposing sentence for subsequent offenses in juvenile or criminal proceedings. 3210 Notwithstanding any other provision to the contrary, the commissioner shall report sealed 3211 juvenile records to inquiring police and court agencies only as “sealed juvenile record over 1 3212 year old” and to other authorized persons who may inquire as “no record”. The information 3213 contained in a sealed juvenile record shall be made available to a judge or probation officer who 3214 affirms that the person whose record has been sealed has been adjudicated a delinquent child or 3215 youthful offender or has pleaded guilty or been found guilty of and is awaiting sentence for a 3216 crime committed subsequent to the sealing of such record. That information shall be used only 3217 for the purpose of consideration in imposing sentence. 3218 SECTION 300. Section 100C of said chapter 276, as so appearing, is hereby amended by 3219 striking out, in line 23, the words “for employment used by an employer” and inserting in place 3220 thereof the following words:- used to screen applicants for employment, housing or an 3221 occupational or professional license. Page 146 of 174 3222 SECTION 301. Said section 100C of said chapter 276, as so appearing, is hereby further 3223 amended by inserting after the word “employment”, in line 26, the following words:- , housing 3224 or an occupational or professional license. 3225 SECTION 302. Section 100D of said chapter 276, as so appearing, is hereby amended by 3226 striking out the figure “17”, in line 8, and inserting in place thereof the following words:- 3227 criminal majority. 3228 SECTION 303. Said chapter 276, as so appearing, is hereby further amended by inserting 3229 after section 100D the following 5 sections:- 3230 Section 100E. For the purpose of this chapter, the words “expunge”, “expunged” and 3231 “expungement” shall mean permanent erasure or destruction of information so that the 3232 information is no longer maintained in any file or record in electronic, paper or other physical 3233 form and such that no individual or entity including, but not limited to, criminal justice agencies 3234 as defined under section 167 of chapter 6, has access to criminal offender record information 3235 related to the expunged charge or charges. 3236 Section 100F. (a) Notwithstanding section 100A or any other general or special law to the 3237 contrary, a person of any age having a record of entries of a court appearance in a proceeding 3238 pursuant to section 52 to 62 of chapter 119, inclusive, on file with the office of the commissioner 3239 of probation may, on a form furnished by the commissioner, petition that misdemeanor 3240 convictions or adjudications or misdemeanor cases ending in a dismissal, nolle prosequi or 3241 without adjudication be expunged if the offense was committed before the person reached the 3242 age of criminal majority and the person files a petition with a judge in the court in which the 3243 appearance or disposition occurred. Notice shall also be given to the office of probation. The 3244 court shall comply with such a request, provided, that: (i) the court appearance or disposition, Page 147 of 174 3245 including court supervision, probation, commitment or parole, the records of which are to be 3246 sealed, terminated not less than 3 years before the request; (ii) the petitioner has not been 3247 adjudicated a delinquent child or youthful offender or found guilty of a new criminal offense 3248 within the commonwealth during the preceding 3 years, except for motor vehicle offenses in 3249 which the penalty does not exceed a fine of $550; and (iii) the form requesting expungement 3250 includes a statement by the petitioner signed under the penalties of perjury that the petitioner has 3251 not been adjudicated a delinquent child or youthful offender or found guilty of a criminal offense 3252 in any other state, United States possession or in a court of federal jurisdiction, except for the 3253 motor vehicle offenses described in clause (ii), and has not been imprisoned under sentence or 3254 committed as a delinquent or youthful offender in any state or county during the preceding 3 3255 years. If a petition is granted by the court pursuant to this section, the clerks and probation 3256 officers of the courts in which the proceedings at issue occurred or were initiated shall expunge 3257 all records of the proceedings in their files. 3258 (b) At the time of dismissal of a case, nolle prosequi, without adjudication or when 3259 imposing a sentence, period of commitment or probation or other disposition under section 58 of 3260 said chapter 119, the court shall inform, in writing, all eligible individuals of their right to seek 3261 expungement under this section. 3262 (c) A charge that is expunged shall not disqualify a person in any examination, 3263 appointment or application for public employment in the service of the commonwealth or any 3264 political subdivision thereof, nor shall such charges and convictions be used against a person in 3265 court proceedings or hearings before a court, board or commission to which the person is a party. 3266 (d) If the court orders expungement of records, the person whose records have been 3267 expunged, when applying for employment, housing, occupational or professional licensing, may Page 148 of 174 3268 answer “no record” as to any charge expunged pursuant to this section in response to an inquiry 3269 regarding prior arrests, court appearances or criminal cases. 3270 Section 100G. If a case is sealed or expunged pursuant to section 7 of chapter 258D or 3271 section 100A, 100B, 100C, 100F, 100H or 104 of this chapter, every mention of the defendant’s 3272 name and address shall be redacted from entries in the logs maintained under section 98F of 3273 chapter 41. 3274 Section 100H. Notwithstanding any general or special law to the contrary, for the 3275 purposes of a negligence claim, an employer or landlord shall be presumed to have no notice or 3276 ability to know criminal record information that: (i) is contained in a criminal record that has 3277 been sealed or expunged; (ii) is in 1 of the categories of information that employers are 3278 prohibited from requesting from an applicant under subsection 9 of section 4 of chapter 151B; or 3279 (iii) concerns crimes that occurred in the commonwealth that the department of criminal justice 3280 information services cannot lawfully disclose to an employer or landlord. 3281 Section 100I. (a) In any case wherein a plea of not guilty has been entered by a court 3282 pursuant to section 59 of chapter 265 and (i) the criminal complaint is subsequently dismissed; 3283 (ii) the defendant is found not guilty by a judge or a jury; (iii) a finding of no probable cause is 3284 made by the court; or (iv) a nolle prosequi has been entered, a judge shall, upon motion of the 3285 defendant, seal said court appearance and disposition recorded, and the clerk and the probation 3286 officers of the courts in which the proceedings occurred or were initiated shall likewise seal the 3287 records of the proceedings in their files. Sealed records shall not operate to disqualify a person in 3288 any examination, appointment, or application for public employment in the service of the 3289 commonwealth or of any political subdivision. Page 149 of 174 3290 (b) An application used to screen applicants for employment, housing or an occupational 3291 or professional license which seeks information concerning prior arrests or convictions or 3292 adjudications of delinquency of the applicant shall include in addition to the statement required 3293 under section 100A the following statement: “An applicant for employment, housing or an 3294 occupational or professional license with a sealed record on file with the commissioner of 3295 probation may answer ‘no record’ with respect to an inquiry herein relative to prior arrests or 3296 criminal court appearances.” The attorney general may enforce the provisions of this section by a 3297 suit in equity commenced in the superior court. Notwithstanding this section or any other 3298 general or special law to the contrary, the commissioner of probation or the clerk of courts in any 3299 district court, superior court, juvenile court, or the Boston municipal court, in response to 3300 inquiries by authorized persons other than by a law enforcement agency or a court, shall in the 3301 case of a sealed record report that no record exists. 3302 SECTION 304. Said chapter 276 is hereby further amended by adding the following 3303 section:- 3304 Section 104. After a court appearance has reached its final disposition, including 3305 termination of court supervision, probation, commitment or parole, upon motion of the defendant 3306 and after notice to the district attorney and the commissioner of probation, who shall be given the 3307 opportunity to be heard, a court may order expungement of all records related to the court 3308 appearance if the court determines by clear and convincing evidence that expungement is in the 3309 interest of justice because: (i) the complaint was issued against the named defendant because of 3310 misidentification by law enforcement or court employees; (ii) the named defendant has no 3311 connection to the alleged criminal activity; (iii) the named defendant was prosecuted because 3312 another person impersonated the defendant or used the defendant’s name when arrested by Page 150 of 174 3313 police; (iv) there was fraud on the court related to the claim that the defendant committed the 3314 offense; or (v) there was lack of probable cause for initiation of the complaint. The court shall 3315 enter written findings of fact in response to any motion filed under this section and shall 3316 immediately provide a certified copy of the order and findings of fact to the named defendant 3317 and the commissioner of probation. Upon receipt of a certified copy of an order expunging 3318 records, the commissioner of probation shall expunge records of court appearances and case 3319 disposition in the commissioner’s files and the clerk and the probation officers of the courts in 3320 which the proceedings occurred or were initiated shall expunge the records of the proceedings 3321 from their files. 3322 If the court orders expungement of the records, the person whose records have been 3323 expunged, when applying for employment, housing, occupational or professional licensing may 3324 answer “no record” as to any charge expunged pursuant to this section in response to an inquiry 3325 regarding prior arrests, court appearances or criminal cases. A charge that is expunged shall not 3326 disqualify a person in any examination, appointment or application for public employment in the 3327 service of the commonwealth or any other political subdivision thereof, nor shall such charges or 3328 convictions be used against a person in court proceedings or hearings before a court, board or 3329 commission to which the person is a party. 3330 Upon receipt of an expungement order, the state police shall expunge said cases from any 3331 records in its custody. 3332 SECTION 305. Section 1 of chapter 276A of the General Laws, as appearing in the 2016 3333 Official Edition, is hereby amended by striking out, in lines 20 and 21, the words “certified or 3334 approved by the commissioner of probation under the provisions of section eight,”. Page 151 of 174 3335 SECTION 306. Section 2 of said chapter 276A, as so appearing, is hereby further 3336 amended by striking out, in lines 6 and 7, the words “but has not reached the age of twenty-two”. 3337 SECTION 307. Said section 2 of said chapter 276A, as so appearing, is hereby amended 3338 by striking out, in lines 6 and 10, the words “18 years” and inserting in place thereof, in each 3339 instance, the following words:- criminal majority. 3340 SECTION 308. Said chapter 276A is hereby amended by striking out section 4, as so 3341 appearing, and inserting in place thereof the following section:- 3342 Section 4. In the event that an individual is charged with a violation of 1 or more of the 3343 offenses enumerated in section 70C of chapter 277, other than the offenses in subsection (a) of 3344 section 13A of chapter 265 and sections 13A and 13C of chapter 268, this chapter shall not apply 3345 to that defendant. 3346 SECTION 309. Section 5 of said chapter 276A, as so appearing, is hereby amended by 3347 inserting after the word “prosecution”, in line 10, the following words:- and any victims as 3348 defined by section 1 of chapter 258B. 3349 SECTION 310. Sections 8 and 9 of said chapter 276A are hereby repealed. 3350 SECTION 311. Said chapter 276A is hereby further amended by adding the following 3351 section:- 3352 Section 12. Nothing in this chapter or chapter 276B shall be interpreted to limit or in any 3353 way govern the authority of a district attorney or a police department to divert an offender, or to 3354 require a district attorney or police department to accept an offender into a program that they 3355 operate. 3356 SECTION 312. The General Laws are hereby amended by inserting after chapter 276A 3357 the following chapter:- Page 152 of 174 3358 CHAPTER 276B. 3359 RESTORATIVE JUSTICE. 3360 Section 1. As used in this chapter, the following words shall have the following meanings 3361 unless the context clearly requires otherwise: 3362 “Restorative justice”, a voluntary process whereby the offenders, victims and members of 3363 the community collectively identify and address harms, needs and obligations resulting from an 3364 offense in order to understand the impact of that offense; provided, however, that restorative 3365 justice requires an offender’s acceptance of responsibility for their actions and supports the 3366 offender as the offender makes repair to the victim or community in which the harm occurred. 3367 “Community-based restorative justice program”, a program, which may include the 3368 parties to a case, their supporters and community members, or one-on-one dialogues between a 3369 victim and offender, established on restorative justice principles that engages parties to a crime 3370 or members of the community in order to develop a plan of repair that addresses the needs of the 3371 parties and the community. 3372 Section 2. Participation in a community-based restorative justice program shall be 3373 voluntary and shall be available to both juvenile and adult defendants. A juvenile or adult 3374 defendant may be diverted to a community-based restorative justice program at any stage of a 3375 case, beginning immediately post arraignment, with the consent of the district attorney and the 3376 victim. Restorative justice may be used as a means of disposition, with judicial approval. In such 3377 a case, if the court finds that a juvenile or adult defendant successfully completed the restorative 3378 justice program, the charge shall be dismissed. If the court finds that a juvenile or adult 3379 defendant did not successfully complete the program or is in violation of program requirements, 3380 the case shall be returned to the court in order to commence with proceedings. Page 153 of 174 3381 Section 3. A person shall not be eligible to participate in a community-based restorative 3382 justice program if that person is charged with: (i) a sexual offense as defined by section 1 of 3383 chapter 123A; (ii) an offense against a family or household member as defined by subsection (c) 3384 of section 13M of chapter 265; or (iii) an offense resulting in serious bodily injury. 3385 Section 4. Participation in a community-based restorative justice program shall not be 3386 used as evidence or as an admission of guilt, delinquency or civil liability in legal proceedings. 3387 Statements made by a juvenile or adult defendant or a victim during the course of an assignment 3388 to a community-based restorative justice program shall be confidential and shall not be subject to 3389 disclosure in any judicial or administrative proceeding; provided, however, that nothing in this 3390 section shall preclude any evidence obtained through an independent source or that would have 3391 been inevitably discovered by lawful means from being admitted at such proceedings. 3392 Section 5. There shall be a restorative justice advisory committee to review community- 3393 based restorative justice programs. The advisory committee shall consist of the following 3394 members: 1 member appointed by the senate president and 1 member appointed by the speaker 3395 of the house of representatives, who shall serve as co-chairs of the advisory committee; the 3396 secretary of public safety and security or a designee; the secretary of health and human services 3397 or a designee; the president of the Massachusetts District Attorneys Association or a designee; 3398 the chief counsel of the committee for public counsel services or a designee; the commissioner of 3399 probation or a designee; the president of the Massachusetts Chiefs of Police Association 3400 Incorporated or a designee; the executive director of the Massachusetts office for victim 3401 assistance or a designee; and 7 members appointed by the governor, 1 of whom shall be a retired 3402 Massachusetts trial court judge and 6 of whom shall be representatives of community-based 3403 restorative justice programs. Each member of the advisory committee shall serve a 6 year term, Page 154 of 174 3404 except for members appointed because of their official title, who shall be members for as long as 3405 they hold that title. 3406 The advisory committee shall monitor and assist all community-based restorative justice 3407 programs to which a juvenile or adult defendant may be diverted pursuant to this chapter. The 3408 advisory committee shall track the use of community-based restorative justice programs through 3409 a partnership with an educational institution and shall make legislative, policy and regulatory 3410 recommendations to aid in the use of community-based restorative justice programs on topics 3411 including, but not limited to: (i) qualitative and quantitative outcomes for participants; (ii) 3412 recidivism rates of responsible parties; (iii) criteria for youth involvement and training; (iv) cost 3413 savings for the commonwealth; (v) training guidelines for restorative justice facilitators; (vi) data 3414 on racial, socioeconomic and geographic disparities in the use of community-based restorative 3415 justice programs; (vii) guidelines for restorative justice best practices; (viii) appropriate training 3416 and funding sources for community-based restorative programs; and (ix) plans for the expansion 3417 of restorative justice programs and opportunities throughout the commonwealth. 3418 Annually, not later than December 31, the advisory committee shall submit a report with 3419 findings and recommendations to the governor and to the clerks of the senate and house of 3420 representatives. 3421 SECTION 313. Section 70C of chapter 277 of the General Laws, as appearing in the 3422 2016 Official Edition, is hereby amended by striking out, in line 8, the words “, chapter 119”. 3423 SECTION 314. Said section 70C of said chapter 277, as so appearing, is hereby further 3424 amended by striking out, in lines 10 and 11, the figures “13B1/2, 13B3/4, 13C, 14, 14B, 15, 15A, 3425 16, 17, 18, 19, 20, 22A, 22B, 22C, 23, 23A, 23B” and inserting in place thereof the following 3426 figures:- 13C, 14, 14B, 15, 15A, 16, 17, 18, 19, 20, 23. Page 155 of 174 3427 SECTION 315. Said section 70C of said chapter 277, as so appearing, is hereby further 3428 amended by inserting after the figure “28”, in line 14, the following figure:- , 29. 3429 SECTION 316. Section 1 of chapter 279 of the General Laws, as so appearing, is hereby 3430 amended by inserting after the fourth sentence the following 2 sentences:- 3431 When a person is sentenced to pay a fine of any amount, or is assessed fines, fees, costs, 3432 civil penalties or other expenses at disposition of a case, the court shall inform the person that: (i) 3433 nonpayment of the fines, fees, costs, civil penalties or expenses may result in commitment to a 3434 prison or place of confinement; (ii) payment must be made by a date certain; (iii) failure to 3435 appear at such date certain or failure to make the payment may result in the issuance of a default; 3436 and (iv) if an inability to pay exists as the result of a change in financial circumstances or for any 3437 other reason, the person has a right to address the court on that inability to pay. A person may not 3438 be committed or detained on a delinquency or youthful offender case for failure to pay a fee, fine 3439 or costs. 3440 SECTION 317. Said chapter 279 is hereby further amended by inserting after section 6A 3441 the following section:- 3442 Section 6B. (a) As used in this section the following terms shall have the following 3443 meanings:- 3444 “Dependent child”, a person who is younger than 18 years of age. 3445 “Primary caretaker of a dependent child”, a parent with whom a child has a primary 3446 residence or a woman who has given birth to a child after or while awaiting her sentencing 3447 hearing and who expresses a willingness to assume responsibility for the housing, health and 3448 safety of that child; provided, that a parent who, in the best interest of the child, has arranged for Page 156 of 174 3449 the temporary care of the child in the home of a relative or other responsible adult shall not for 3450 that reason be excluded from the definition of “primary caretaker of a dependent child”. 3451 (b) Unless a sentence of incarceration is required by law, a defendant, upon conviction, 3452 shall have the right to have the court consider the defendant’s status as primary caretaker of a 3453 dependent child before imposing sentence. A defendant shall request such consideration, by 3454 motion supported by affidavit, not more than 10 days after the entry of judgment. Upon receipt 3455 of such a motion supported by affidavit, the court shall make written findings concerning the 3456 defendant’s status as a primary caretaker of a dependent child and the availability of appropriate 3457 individually assessed, non-incarcerative sentence alternatives. The court shall not impose a 3458 sentence of incarceration without first making such written findings. 3459 SECTION 318. Section 24 of said chapter 279, as appearing in the 2016 Official Edition, 3460 is hereby amended by striking out, in lines 18, 23 and 28, the words “person’s eighteenth 3461 birthday” and inserting in place thereof, in each instance, the following words:- person reaches 3462 the age of criminal majority. 3463 SECTION 319. Section 35 of said chapter 279, as so appearing, is hereby amended by 3464 inserting after the word “shall”, in line 3, the following words:- , to the extent that an individual 3465 has been assigned a fingerprint-based state identification number and that such number has been 3466 provided to the court. 3467 SECTION 320. Said section 35 of said chapter 279, as so appearing, is hereby further 3468 amended by inserting after the word “mittimus”, in line 4, the following words:- the person’s 3469 fingerprint-based state identification number,. 3470 SECTION 321. Section 6A of chapter 280 of the General Laws, as so appearing, is 3471 hereby amended by striking out the fourth sentence and inserting in place thereof the following Page 157 of 174 3472 sentence:- The court or justice may waive all or part of the cost assessment, the payment of 3473 which would impose a substantial financial hardship on the person convicted or the person’s 3474 family or dependents. 3475 SECTION 322. Section 6B of said chapter 280, as so appearing, is hereby amended by 3476 striking out the words “18 years”, in line 3, and inserting in place thereof the following words:- 3477 criminal majority. 3478 SECTION 323. Section 368 of chapter 26 of the acts of 2003 is hereby repealed. 3479 SECTION 324. Section 19 of chapter 122 of the acts of 2005 is hereby amended by 3480 inserting after the word “registry”, in line 7, the following words:- ; provided, however, that 3481 approval procedures for ignition interlock device servicing and monitoring entities shall require 3482 any entity seeking certification to agree to provide all program costs, including installation, 3483 maintenance and removal, at 50 per cent cost to a person who presents documentation issued by 3484 the registrar that such cost would cause a substantial financial hardship on the offender or the 3485 offender’s family; provided further, that documentation of substantial financial hardship on the 3486 offender or the offender’s family shall include, but shall not be limited to, evidence of a valid 3487 electronic benefit transfer card or evidence of a valid MassHealth benefits card; and provided 3488 further, that the registrar shall provide notice to a person seeking application for a certified 3489 ignition interlock device that the person may obtain a certified ignition interlock device, services 3490 and monitoring at 50 per cent cost if such cost would cause a substantial financial hardship on 3491 the offender or the offender’s family. 3492 SECTION 325. Said section 19 of said chapter 122 is hereby further amended by 3493 inserting after the word “vehicles”, in line 10, the following words:- ; provided, however, that 3494 reporting shall ensure compliance with an entity’s responsibly pursuant to clause (2) including, Page 158 of 174 3495 but not limited to, standard charges for installation, service, maintenance and removal of a device 3496 and percentages of the entity’s standard program costs waived pursuant to said clause (2). 3497 SECTION 326. Clause (6) of said section 19 of said chapter 122 is hereby amended by 3498 striking out subclauses (a) to (c), inclusive, and inserting in place thereof the following 3 3499 clauses:- (i) of inspection of the certified ignition interlock device for accurate operation by an 3500 entity approved by the registrar not less than once every 30 days, as promulgated by the registrar, 3501 for the duration of any license ignition interlock device restriction; 3502 (ii) that the ignition interlock device shall be monitored, maintained and serviced not less 3503 than every 30 days, as promulgated by the registrar, by an entity approved by the registrar; and 3504 (iii) that the costs to install and maintain the certified ignition interlock device shall be 3505 borne by the operator unless the operator presents valid evidence of a substantial financial 3506 hardship on the individual. 3507 SECTION 327. Said section 19 of said chapter 122 is hereby further amended by striking 3508 out clause (8) and inserting in place thereof the following clause:- 3509 (8) violation of the required inspection, monitoring or reporting requirements may result, 3510 after hearing, in up to a 2-year extension of the ignition interlock license or a permanent 3511 revocation of an ignition interlock license and up to an additional 10-year license suspension 3512 during which such a person may not be eligible for an ignition interlock license. 3513 SECTION 328. Said section 19 of said chapter 122 is hereby further amended by striking 3514 out clause (9) and inserting in place thereof the following clause:- Page 159 of 174 3515 (9) a schedule for phasing in requirements that ignition interlock devices be equipped 3516 with cameras or other means of positively identifying the person providing the ignition interlock 3517 breath alcohol concentration test. 3518 SECTION 329. The commissioner of correction and the secretary of public safety and 3519 security shall promulgate rules and regulations necessary to implement section 119A of chapter 3520 127 of the General Laws not later than 6 months after the effective date of this act. 3521 SECTION 330. The commissioner of correction shall select houses of correction and 3522 state prisons to participate in a pilot program to investigate the broader provision of opioid 3523 substitution therapies for addiction in correction facilities. Selected facilities shall maintain or 3524 provide for the capacity to possess, dispense and administer drugs approved by the federal Food 3525 and Drug Administration for use in opioid substitution therapy for addiction and shall make such 3526 treatment available to any inmate for whom such treatment is found to be appropriate under 3527 section 16 of chapter 127 of the General Laws. A facility selected under this section shall not be 3528 required to maintain or provide an opioid substitution therapy that is not included in the 3529 MassHealth drug list. 3530 The pilot shall also ensure that an inmate receiving opioid substitution or medication 3531 assisted treatment for opioid addiction immediately preceding their incarceration, shall continue 3532 the treatment unless the inmate voluntarily discontinues the treatment or unless an addiction 3533 specialist, as defined in chapter 111E of the General Laws, determines that the treatment is no 3534 longer appropriate. 3535 Not later than November 1, 2018, and by November 1 of each subsequent year that the 3536 pilot program is in place, selected facilities shall report to the commissioner of correction the 3537 following information: (i) the cost of the pilot program to the facility related; (ii) the type and Page 160 of 174 3538 prevalence of opioid substitutions and medication assisted treatments provided through the pilot 3539 program; (iii) the number of inmates who continued to receive the same opioid substitution or 3540 medication assisted treatment as they received prior to incarceration; (iv) the number of inmates 3541 who voluntarily discontinued the opioid substitution or medication assisted treatment that they 3542 received prior to incarceration; (v) the number of inmates who discontinued the opioid 3543 substitution or medication assisted treatment that they received prior to incarceration due to a 3544 determination by an addiction specialist; (vi) a review of the facility’s practices related to opioid 3545 substitution and medication assisted treatment prior to inclusion in the pilot program; and (vii) 3546 any other information requested by the department of correction related to the administration of 3547 the pilot program. 3548 The department of correction, in consultation with the department of public health, shall 3549 provide a report of the findings collected from selected facilities to the chairs of the joint 3550 committee on mental health and substance abuse and the house and senate committees on ways 3551 and means not later than January 1 of each year of the pilot program detailing: (i) the cost of the 3552 pilot program in the prior year; (ii) the projected cost associated with expanding the pilot 3553 program to additional houses of correction and correctional institutions for the coming year of 3554 the pilot program based on prior year costs; (iii) the type and prevalence of opioid substitutions 3555 and medication assisted treatments provided through the pilot program; (v) a summary of 3556 changes to facility practices related to opioid substitution and medication assisted treatment 3557 related to the pilot program; and (v) the aggregated results of: (A) the number of inmates who 3558 continued to receive the same opioid substitution or medication assisted treatment as they 3559 received prior to incarceration; (B) the number of inmates who voluntarily discontinued the 3560 opioid substitution or medication assisted treatment that they received prior to incarceration; and Page 161 of 174 3561 (C) the number of inmates who discontinued the opioid substitution or medication assisted 3562 treatment that they received prior to incarceration due to a determination by an addiction 3563 specialist. 3564 The department of correction shall select facilities for participation in the pilot program 3565 in the following manner: (i) for the first year, the Massachusetts alcohol and substance abuse 3566 center and at least 2 houses of correction and 2 state prisons shall be included in the pilot 3567 program; (ii) for the second year, at least 30 per cent of houses of correction and state prisons 3568 shall be included in the pilot program; (iii) for the third year, at least 60 per cent of houses of 3569 correction and state prisons shall be included in the pilot program; and (iv) for the fourth year, 3570 all houses of correction and state prisons shall be included in the pilot program. 3571 SECTION 331. The secretary of elder affairs and the secretary of the executive office of 3572 public safety and security shall report to the general court on elder protection laws in the 3573 commonwealth. The report shall include, but not be limited to: (i) the effectiveness of existing 3574 elder protection laws; (ii) additional legislative or regulatory changes that would further 3575 strengthen elder protection laws; and (iii) opportunities presented by the Elder Abuse Prevention 3576 and Prosecution Act, Public Law No. 115-70. The report shall be submitted with drafts of any 3577 recommended legislation to the clerks of the house of representatives and the senate and the 3578 chairs of the joint committee on elder affairs and the joint committee on the judiciary not later 3579 than July, 2018. 3580 SECTION 332. Not later than July 1, 2018, the commissioner of corrections and the 3581 sheriffs shall provide a plan to the chairs of the senate and house committees on ways and means 3582 as to the resources needed to comply with section 178 The plan shall include an accounting of 3583 efforts to reduce the population in restrictive housing so as to facilitate program improvements. Page 162 of 174 3584 SECTION 333. There shall be a juvenile justice data task force to make 3585 recommendations on coordinating and modernizing the juvenile justice data systems and reports 3586 that are developed and maintained by state agencies and the courts. The task force shall consist 3587 of the following members or their designees: the chief justice of the trial court; the chief justice 3588 of the juvenile court; the secretary of health and human services; the commissioner of probation; 3589 the commissioner of youth services; the commissioner of children and families; the 3590 commissioner of mental health; the commissioner of transitional assistance; the executive 3591 director of Citizens for Juvenile Justice, Inc.; the president of the Massachusetts Society for the 3592 Prevention of Cruelty to Children; the executive director of the Children’s League of 3593 Massachusetts, Inc.; the executive director to the Massachusetts District Attorneys Association; 3594 the chief counsel of the committee for public counsel services; the child advocate; the chair of 3595 the juvenile justice advisory committee; a representative of the Massachusetts Chiefs of Police 3596 Association; and 2 members appointed by the governor, 1 of whom shall have experience or 3597 expertise related to the juvenile justice system or the design and implementation of juvenile 3598 justice data systems or both and 1 of whom shall be an independent expert in state administrative 3599 data systems. 3600 The task force shall conduct not less than 1 public hearing. The task force shall analyze 3601 the capacities and limitations of the data systems and networks used to collect and report state 3602 and local juvenile caseload and outcome data. The analysis shall include the following: (i) a 3603 review of the relevant data systems, studies and models from the commonwealth and other 3604 states; (ii) identification of changes or upgrades to current data collection processes to remove 3605 inefficiencies, track and monitor state agency and court-involved juveniles and facilitate the 3606 coordination of information sharing between relevant agencies and the courts; (iii) identification Page 163 of 174 3607 of racial and ethnic disparities apparent within the juvenile justice system and ways to reduce 3608 such disparities; and (iv) any other matters which the task force determines may improve the 3609 collection and interagency coordination of juvenile justice data. 3610 The task force shall file a report on the options for improving interagency coordination, 3611 modernization and upgrading of state and local juvenile justice data and information systems. 3612 The report shall include, but not be limited to: (i) recommended additional collection and 3613 reporting responsibilities for agencies, departments or providers; (ii) recommendations for the 3614 creation of a web-based statewide clearinghouse or information center that would make relevant 3615 juvenile justice information on operations, caseloads, dispositions and outcomes available in a 3616 user-friendly, query-based format for stakeholders and members of the public, including an 3617 assessment of the feasibility of implementing such a system; and (iii) a plan for improving the 3618 current juvenile justice reporting requirements, including streamlining and consolidating current 3619 requirements without sacrificing meaningful data collection and including a detailed analysis of 3620 the information technology and other resources necessary to implement improved data 3621 collection. The report shall be filed with the clerks of the senate and the house of representatives 3622 not later than January 1, 2019, and the clerks shall forward the report to the senate and house 3623 chairs of the joint committee on the judiciary and the senate and house chairs of the joint 3624 committee on children, families and persons with disabilities. 3625 SECTION 334. There shall be a task force to evaluate how to collect fingerprint-based 3626 identification where the person against whom a complaint was issued or an indictment was made 3627 was not arrested. The task force shall consist of the following members or their designees: the 3628 secretary of public safety and security, who shall serve as chair; the chief justice of the trial 3629 court; and the president of the Massachusetts Chiefs of Police Association Incorporated. Not Page 164 of 174 3630 later than December 1, 2018, the task force shall file a report of its recommendations with the 3631 clerks of the senate and house of representatives, and the clerks shall forward the report to the 3632 senate and house chairs of the joint committee on the judiciary and the senate and house chairs of 3633 the joint committee on public safety and homeland security. 3634 SECTION 335. There shall be a task force to evaluate the advisability, feasibility and 3635 impact of raising the age of juvenile court jurisdiction to defendants younger than 21 years of 3636 age. The study shall include, but not be limited to:(i) the benefits and disadvantages of including 3637 19 and 20 year olds in the juvenile justice system; (ii) the impact of integrating 19 and 20 year 3638 olds into the under-19 population in the care and custody of the department of youth services; 3639 (iii) the ability to segregate young adults in the care and custody of the department of youth 3640 services from younger juveniles in such care; and (iv) the potential costs to the state court system 3641 and state and local law enforcement. The task force shall consider resources and facilities, if any, 3642 that could be reallocated from the adult system to the juvenile system and the advisability and 3643 feasibility of establishing a separate young adult court. The task force shall consist of the 3644 following members or their designees: the secretary of the executive office of public safety and 3645 security; the commissioner of youth services; the commissioner of the department of children 3646 and families; the commissioner of the department of correction; the commissioner of probation; 3647 the chief justice of the district court; the chief justice of the Boston municipal court; the chief 3648 justice of the superior court; the chief justice of the juvenile court department; the director of the 3649 juvenile court clinic; a designee of the Massachusetts District Attorneys Association; the chief 3650 counsel of the committee for public counsel services; 1 member appointed by the governor, who 3651 shall have expertise in the neurological development of young adults; 1 member appointed by the 3652 speaker of the house of representatives; 1 member appointed by the president of the senate; 1 Page 165 of 174 3653 member appointed by the minority leader of the house of representatives; 1 member appointed 3654 by the minority leader of the senate; the executive director of Citizens for Juvenile Justice, Inc.; 1 3655 member appointed by American Federation of State, County and Municipal Employees Council 3656 93, who shall be an employee of the department of youth services and have not less than 5 years 3657 of experience working in a department of youth services secure facility; and the child advocate. 3658 The task force shall select a chair from its members. Not later than January 1, 2019, the task 3659 force shall file a final report with the clerks of the senate and house of representatives, and the 3660 clerks shall forward the report to the senate and house chairs of the joint committee on the 3661 judiciary and the senate and house chairs of the joint committee on ways and means. 3662 SECTION 336. There shall be a task force to evaluate and review the impact and 3663 effectiveness of eliminating certain mandatory minimum sentences and to make 3664 recommendations on the advisability of making further changes to criminal sentences that 3665 impose a mandatory minimum sentence. The evaluation and review shall include, but shall not 3666 be limited to: (i) the impact of such sentences on minority communities or neighborhoods; (ii) 3667 the impact of such sentences on access to equal justice, including the impact such sentences have 3668 on pleading to other crimes; (iii) the impact of such sentences on different age groups, including 3669 young adults: (iv) an examination of such sentences as compared to other crimes that do not 3670 impose a mandatory minimum sentence, including comparisons with other state and federal 3671 sentencing schemes; (v) a comparative analysis of the costs of such sentences to the 3672 commonwealth; (vi) the effectiveness of such sentences on reducing crime; (vii) the advisability 3673 of adopting so-called “safety valve” provisions, or other policies that allow for the imposition of 3674 a sentence less than the mandatory minimum sentence; and (viii) a review of the effectiveness Page 166 of 174 3675 and advisability of drug sentencing policies that allow intent to be based solely on the weight of 3676 the substance. 3677 The task force shall consist of the attorney general or a designee, who shall serve as 3678 chair; the secretary of public safety and security or a designee; the commissioner of probation or 3679 a designee; 1 member designated by the Massachusetts sentencing commission; 1 member 3680 designated by the executive office of the trial court; 1 member designated by the committee for 3681 public counsel services; 1 member designated by the American Civil Liberties Union of 3682 Massachusetts, Inc.; 1 member designated by the Massachusetts District Attorneys Association; 3683 1 member designated by the Massachusetts Chiefs of Police Association Incorporated; 1 member 3684 designated by Ex-Prisoners and Prisoners Organizing for Community Advancement; and 1 3685 member designated by the Massachusetts office for victim assistance. 3686 Not later than January 1, 2020, the task force shall file a final report, which shall include 3687 recommendations for legislative or regulatory changes based on the task force’s findings, as 3688 appropriate, with the clerks of the senate and house of representatives. The clerks shall forward 3689 the report to the joint committee on the judiciary and the joint committee on ways and means. 3690 SECTION 337. There shall be a special commission to study the prevention of suicide 3691 among prisoners and correction officers in correctional facilities in the commonwealth. The 3692 commission shall consist of: the secretary of public safety and security or the a designee, who 3693 shall serve as chair; the commissioner of correction or a designee; the commissioner of public 3694 health or a designee; 1 person appointed by the senate president; 1 person appointed by the 3695 speaker of the house of representatives; and 5 persons appointed by the governor, 1 of whom 3696 shall be a representative of a legal advocacy organization that has expertise with issues related to 3697 prisons and prisoners, 1 of whom shall be a representative of a community organization or public Page 167 of 174 3698 agency that works with prisoners and their families, 1 of whom shall be a representative of an 3699 organization that specializes in suicide prevention, 1 of whom shall be a representative of an 3700 organization that represents correction officers in the commonwealth and 1 of whom shall be a 3701 representative of an organization that represents sheriffs of the commonwealth. Each member 3702 shall serve without compensation. 3703 The commission shall review the state of suicide prevention programs in correctional 3704 facilities in the commonwealth and develop model plans, recommend program changes, 3705 highlight budget priorities and recommend best practices that can be utilized to reduce instances 3706 of prisoner and correction officer suicide and attempted suicide. The commission shall: (i) 3707 examine and evaluate the state of jail and prison suicide prevention policies in the 3708 commonwealth; (ii) examine and evaluate suicide prevention training for correctional facility 3709 staff in the commonwealth; (iii) develop recommendations on ways in which correctional 3710 facilities can improve intake screening and bookkeeping; (iv) examine and develop 3711 recommendations on methods by which correctional facilities may improve identification, 3712 referral and evaluation of individual suicide risk; (v) provide recommendations for improving 3713 communication between detention facility staff and arresting or transporting officers, as well as 3714 between detention facility staff and potentially suicidal inmates; (vi) examine and develop 3715 recommendations on methods by which correctional facilities may improve housing designated 3716 for inmates that are identified as suicidal; (vii) provide recommendations for improving 3717 observation and treatment plans for inmates identified as suicidal; (viii) provide 3718 recommendations for improving suicide intervention; (ix) examine and develop 3719 recommendations for how correctional facilities may improve or establish practices of 3720 postmortem notification, reporting and mortality-morbidity reviewing; (x) develop Page 168 of 174 3721 recommendations for the provision of mental health counseling services to correction officers 3722 that have a need for such services; (xi) examine ways in which correctional facilities can reduce 3723 stress, anxiety and depression among correction officers; and (xii) examine training programs for 3724 incoming correction officers and develop recommendations for programs to include a discussion 3725 of mental preparedness. 3726 The commission may hold public hearings to assist in the collection and evaluation of 3727 data and testimony. The commission shall file its findings and recommendations relative to 3728 suicide prevention, together with drafts of legislation necessary to carry those recommendations 3729 into effect, with the clerks of the senate and house of representatives, the senate and house 3730 committees on ways and means, the joint committee on public safety and homeland security and 3731 the joint committee on mental health and substance abuse not later than March 31, 2019. 3732 SECTION 338. There shall be a restoration center commission in the former county of 3733 Middlesex to plan and implement a county restoration center and program to divert persons 3734 suffering from mental illness or substance use disorder who interact with law enforcement or the 3735 court system during a pre-arrest investigation or the pre-adjudication process from lock-up 3736 facilities and hospital emergency departments to appropriate treatment. 3737 The commission shall consist of: the Middlesex sheriff or a designee, who shall serve as 3738 co-chair; a representative from the Massachusetts Association for Mental Health, Inc., who shall 3739 serve as co-chair; the Middlesex district attorney or a designee; a representative of the National 3740 Alliance on Mental Illness of Massachusetts, Inc.; 2 representatives appointed by the Middlesex 3741 County Chiefs of Police Association from police departments in the former county of Middlesex 3742 who have received critical incident training or have established a local jail diversion program; 2 Page 169 of 174 3743 representatives appointed by the Association for Behavioral Healthcare, Inc., at least one of 3744 whom shall be be a provider organization in the former county of Middlesex with experience 3745 operating a local jail diversion program; 1 member of the senate; 1 member of the house of 3746 representatives; a representative from the department of mental health with knowledge of 3747 sequential intercept mapping and forensic services; a representative from the department of 3748 public health with knowledge of sequential intercept mapping and forensic services; a 3749 representative from the trial court with specialty court experience; a representative from the 3750 executive office of public safety and security; a representative from MassHealth with knowledge 3751 of insurance vehicles, including Medicaid; a representative from the Massachusetts Psychiatric 3752 Society, Inc. with experience in community-based mental health services; a representative from 3753 The Massachusetts Psychological Association, Inc.; a representative from the office of the 3754 commissioner of probation within the former county of Middlesex; a representative from the 3755 parole board with knowledge of establishing methodologies and analyzing metrics for program 3756 fidelity; and a representative from the committee for public counsel services. The commission 3757 shall hold its first meeting not more than 30 days after the effective date of this act. 3758 The commission shall develop and implement a 3-year plan to build a restoration center 3759 in the former county of Middlesex. In the first year, the commission shall: (i) perform an 3760 examination of state and national best practices including, but not limited to, the Bexar County 3761 model, which has received national recognition from the federal Substance Abuse and Mental 3762 Health Services Administration for its success in diverting individuals with behavioral health 3763 issues away from the criminal justice system and into appropriate treatment; and (ii) review the 3764 current capacity of mental health providers within the former county to provide behavioral health 3765 services to individuals suffering from mental illness or substance use disorders who interact with Page 170 of 174 3766 law enforcement or the court system and the barriers they face to accessing treatment. In the 3767 second year, the commission shall develop a jail diversion program and an initial pilot focused 3768 on providing integrated community-based services from a centralized location and perform an 3769 analysis of potential costs and cost-savings. In the third year, the commission shall develop a 3770 restoration center and secure funding for a subsequent 2-year period. 3771 Within 1 year, the commission shall submit its findings and recommendations for a 3772 restoration center, together with drafts of legislation necessary to carry out those 3773 recommendations, including a report on the current capacity to provide behavioral health 3774 services to individuals suffering from mental illness or substance use disorder, which shall 3775 include, but shall not be limited to, the type of services pre-arrest, pre- and post-release, location 3776 of services, type of patients served and barriers to diverting individuals away from the criminal 3777 justice system and into treatment. Within 2 years, the commission shall report on the outcome of 3778 the pilot programs and provide a full implementation plan for a restoration center including, but 3779 not limited to, deliverables, barriers to implementation and costs. The report shall be submitted 3780 to the senate and house committees on ways and means, the joint committee on mental health 3781 and substance abuse, the executive office of public safety and security, the executive office of 3782 health and human services and the governor. The commission shall thereafter produce an annual 3783 report, which shall include, but shall not be limited to: a list of services and programs, 3784 populations served and financial information. 3785 SECTION 339. Notwithstanding any general law or special law to the contrary, there 3786 shall be a special commission to study the health and safety of lesbian, gay, transgender, queer, 3787 and intersex prisoners in the correctional institutions, jails and houses of correction of the Page 171 of 174 3788 commonwealth in order to evaluate current access to appropriate healthcare services and health 3789 outcomes. 3790 The special commission shall consist of: 1 member appointed by the department of 3791 correction who works in corrections; 1 sheriff appointed by the Massachusetts Sheriffs 3792 Association; 1 former judge appointed by the chief justice of the supreme judicial court; 1 3793 member appointed by the governor who shall be a representative of a healthcare provider with 3794 expertise in transgender healthcare; 1 member appointed by the national association of social 3795 workers; 1 member appointed by Prisoners’ Legal Services; and 2 members appointed by the 3796 attorney general, 1 of whom shall be a representative of an organization specializing in the 3797 advocacy, education, direct service and organizing of currently and formerly incarcerated 3798 lesbian, gay, bisexual, queer and transgender individuals and 1 of whom shall be a representative 3799 of legal advocates with expertise in advocating for lesbian, gay, bisexual, queer, transgender and 3800 intersex individuals in the criminal justice system. 3801 The members of the special commission shall be provided full and unfettered access to all 3802 state prisons and houses of correction in the commonwealth and shall be allowed to interview 3803 prisoners and staff to the extent practicable. The special commission shall gather information that 3804 includes, but shall not be limited to: (i) the number of prisoners who have received diagnoses of 3805 gender dysphoria or transition-related healthcare; (ii) the number of prisoners who have been 3806 denied diagnoses of gender dysphoria or transition-related healthcare; (iii) the number of denied 3807 requests for an alternative housing or facility placement by prisoners in connection with their 3808 gender identity and the reasons for the denial; and (iv) training provided to department staff and 3809 contracted health professionals on lesbian, gay, bisexual, queer, transgender and intersex cultural 3810 competency. Page 172 of 174 3811 The special commission shall produce a report that shall include specific 3812 recommendations to improve outcomes, a timeline by which specific tasks or outcomes shall be 3813 achieved and recommendations for improving prisoner health and safety that shall be published 3814 not more than 1 year after the passage of this act. The special commission shall issue a 3815 subsequent and final report evaluating implementation of its recommendations not more than 3 3816 years after the passage of this act. The commission shall make the reports publicly available and 3817 shall deliver copies of the reports to the governor, the attorney general and the joint committee 3818 on the judiciary. 3819 SECTION 340. Notwithstanding any general or special law to the contrary, there shall be 3820 a special commission created to review the qualifications and scope of practice of qualified 3821 examiners, as defined in section 1 of chapter 123A. 3822 The special commission shall consist of the senate and house chairs of the joint 3823 committee on the judiciary or their designees, who shall serve as co-chairs; the minority leader of 3824 the house of representatives or a designee; the minority leader of the senate or a designee; the 3825 secretary of public safety and security or a designee; the commissioner of correction or a 3826 designee; the commissioner of public health or a designee; the executive director of the 3827 Massachusetts District Attorneys Association or a designee; the executive director of the 3828 Massachusetts office of victim assistance or a designee; the superintendent of the Massachusetts 3829 treatment center or a designee; the executive director of the committee for public counsel 3830 services or a designee; a representative of a professional association with expertise in the 3831 assessment and treatment of sexually dangerous persons; and a person with experience in 3832 supervision of qualified examiners. The special commission shall consult with the sex offender Page 173 of 174 3833 registry board, the parole board, the department of probation and others as necessary to complete 3834 the commission’s work. 3835 The special commission shall conduct a thorough review of the educational and 3836 experiential requirements for qualified examiners and the clinical standards and practices and 3837 risk assessment criteria used by qualified examiners in conducting an assessment of sexually 3838 dangerous persons, as defined in section 1 of chapter 123A. The special commission shall 3839 determine whether these requirements, standards and practices reflect the current scientific 3840 research and best practice evidence in the field and make recommendations for revision of 3841 current professional requirements, clinical standards, practices and risk assessment criteria as 3842 needed to support effective practice among qualified examiners and to maximally ensure public 3843 safety. 3844 The special commission shall submit its report and recommendations, together with drafts 3845 of legislation to carry its recommendations into effect, with the clerks of the senate and house not 3846 later than August 1, 2018. 3847 SECTION 341. Notwithstanding any general or special law to the contrary, juvenile 3848 records including, but not limited to, juvenile conviction data, juvenile arrest data or juvenile 3849 sealed record data shall not be shared with the registry of motor vehicles, except when a 3850 consequence of a sentencing decision is related to operating a motor vehicle, in which case such 3851 data may be shared by the court, probation, district attorney, law enforcement agencies, the 3852 department of criminal justice information services or any other agency or entity that lawfully 3853 possesses such records. 3854 SECTION 342. The executive office of public safety and security may issue a temporary 3855 waiver from the requirements of section 1A of chapter 263 for a defined period of time to a Page 174 of 174 3856 police department that demonstrates, upon application to the executive office, that it has 3857 inadequate resources to implement that section. 3858 SECTION 343. Notwithstanding section 32H of chapter 94C or any other general or 3859 special law to the contrary, as of the effective date of this act a person who is serving a sentence 3860 for an offense that has been repealed by this act shall be eligible to receive deductions from that 3861 person’s sentence for good conduct under sections 129C and 129D of chapter 127. 3862 SECTION 344. Sections 39 to 39D, inclusive, and 39F of chapter 127 of the General 3863 Laws, inserted by section 178, and section 179 shall take effect on July 1, 2018. 3864 SECTION 345. Section 39E of said chapter 127, inserted by said section 178 shall take 3865 effect on January 1, 2019. 3866 SECTION 346. Sections 8, 27, 28, 97, 100, 101, 106, 107, 114, the definition of 3867 “Delinquent child” in section 131, 132, 133, 135, 137, 138, 139, 140, 141, 143, 144, 145, 146, 3868 148, 149, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 168, 169, 184, 3869 185, 186, 203, 219, 222, 226, 227, 228, 229, 230, 231, 232, 233, 256, 257, 258, 259, 260, 261, 3870 262, 263, 264, 284, 285, 289, 291, 300, 302, 303, 307 , and 322 shall take effect January 1, 2019. 3871 SECTION 347. Sections 30, 116, 134, 175, 191, 197, 201, 220, 319, and 320 shall take 3872 effect on July 1, 2019. 3873 SECTION 348. Section 85 shall take effect on September 1, 2018. 3874 SECTION 349. Section 193 shall take effect on July 1, 2018. 3875 SECTION 350. Section 194 shall take effect on July 1, 2019. 3876 SECTION 351. Sections 195 and 196 shall take effect on July 1, 2020. 3877 SECTION 352. Sections 223A to 223E, inclusive, shall take effect on August 1, 2018.