Text of MA S 2371 (2018)

SENATE . . . . . . . . . . . . . . No. 2371 The Commonwealth of Massachusetts _______________ In the One Hundred and Eighty-Ninth General Court (2017-2018) _______________ SENATE, Report of the committee of conference on the disagreeing votes of the two branches, with reference to the House amendments to the Senate Bill relative to criminal justice reform (Senate, No. 2200) (amended by the House by striking out all after the enacting clause and inserting in place thereof the text of House document numbered 4043),-- reports, in part, a “Bill relative to criminal justice reform.” (Senate, No. 2371). For the Committee: William N. Brownsberger Claire D. Cronin Cynthia Stone Creem Ronald Mariano Bruce E. Tarr Sheila C. Harrington SENATE . . . . . . . . . . . . . . No. 2371 The Commonwealth of Massachusetts _______________ In the One Hundred and Eighty-Ninth General Court (2015-2016) _______________ An Act relative to criminal justice reform. Whereas, The deferred operation of this act would tend to defeat its purpose, which is to forthwith make certain changes in laws relative to the administration of justice in the Commonwealth, therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience. 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 2 clauses:- 3 Sixtieth, “Age of criminal majority” shall mean the age of 18. 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. Chapter 6 of the General Laws is hereby amended by inserting after section 9 116F the following section:- 10 Section 116G. (a) As used in this section, “bias-free policing” shall mean decisions 11 made by law enforcement officers that shall not consider a person’s race, ethnicity, sex, gender 12 identity, sexual orientation, religion, mental or physical disability, immigration status or 13 socioeconomic or professional level. 14 (b) The municipal police training committee, in consultation with the executive office of 15 public safety and security, shall establish and develop an in-service training program designed to 16 train local law enforcement officials in the following areas: 17 (i) practices and procedures related to bias-free policing which shall include, but not be 18 limited to, examining attitudes and stereotypes that affect the actions and decisions of law 19 enforcement officers; 20 (ii) practices and techniques for law enforcement officers in civilian interaction and to 21 promote procedural justice, which shall emphasize de-escalation and disengagement tactics and 22 techniques and procedures that build community trust and maintain community confidence; and 23 (iii) handling mental health emergencies and complaints involving victims, witnesses or 24 suspects with a mental illness or developmental disability, which shall include training related to 25 common behaviors and actions exhibited by such individuals, strategies law enforcement officers 26 may use for reducing or preventing the risk of harm and strategies that involve the least intrusive 27 means of addressing such incidences and individuals while protecting the safety of the law 28 enforcement officer and other persons; provided, however, that training presenters shall include 29 certified mental health practitioners with expertise in the delivery of direct services to individuals 30 experiencing mental health emergencies and victims, witnesses and suspects with a mental 31 illness or developmental disability. 32 (c) The committee shall determine training requirements and minimum standards of the 33 program that all local law enforcement agencies throughout the commonwealth shall implement 34 in their practices and training of law enforcement officials. 35 SECTION 3. The definition of “Criminal offender record information” in section 167 of 36 said chapter 6, as so appearing, is hereby amended by striking out the second sentence and 37 inserting in place thereof the following sentence:- Such information shall be restricted to 38 information recorded in criminal proceedings that are not dismissed before arraignment. 39 SECTION 4. Said section 167 of said chapter 6, as so appearing, is hereby further 40 amended by striking out, in lines 41 and 42, the words “is adjudicated as an adult” and inserting 41 in place thereof the following words:- was adjudicated as an adult in superior court or 42 adjudicated as an adult after transfer of a case from a juvenile session to another trial court 43 department. 44 SECTION 5. Section 167A of said chapter 6, as so appearing, is hereby amended by 45 adding the following subsection:- 46 (i)(1) The department shall quarterly obtain arrest data, consistent with the National 47 Incident-Based Reporting System of the Uniform Crime Reporting Program of the United States 48 Department of Justice Federal Bureau of Investigation, from criminal justice agencies including, 49 without limitation: the Massachusetts state police; the Massachusetts Bay Transportation 50 Authority police force; any police department in the commonwealth or any of its political 51 subdivisions; any law enforcement council, as defined in section 4J of chapter 40, created by 52 contract between or among cities and towns, pursuant to section 4A of said chapter 40; and any 53 entity employing 1 or more special state police officers appointed pursuant to section 63 of 54 chapter 22C. 55 (2) The department shall quarterly post the data collected pursuant to paragraph (1) of 56 this subsection on its webpage. All criminal justice agencies shall submit arrest data consistent 57 with the National Incident-Based Reporting System to the department. The department shall 58 promulgate regulations for the administration and enforcement of this section including 59 regulations establishing: (i) schedules for the submission, transmission and publication of the 60 data and regulations; (ii) the format for the submission of arrest data; (iii) the categories and 61 types of arrest data required to be submitted; and (iv) a description of categories of data which 62 constitute personally identifiable information, including but not limited to names and dates of 63 birth of individual arrestees; provided, however, that the arrest data shall include for each arrest: 64 (i) the name of the arresting authority; (ii) the incident number; (iii) the alleged offense; (iv) the 65 date and time of the arrest; (v) the location of the arrest; and (vi) the race, gender and age of the 66 arrestee. Categories of data which constitute personally identifiable information shall not be 67 posted or made available to the public and shall not be public records as defined in section 7 of 68 chapter 4. 69 SECTION 6. Section 172 of said chapter 6, is hereby amended by inserting after the 70 word “convictions”, in lines 29, 44 and 52, as so appearing, in each instance, the following 71 words:- or findings of not guilty by reason of insanity. 72 SECTION 7. Section 172A of said chapter 6, as so appearing, is hereby amended by 73 inserting after the words “42 U.S.C. 18031(i)”, in line 9, the following words:- , or veterans 74 organizations requesting information relative to employees, volunteers and veterans that such 75 organizations shall provide housing for. 76 SECTION 8. Said chapter 6 is hereby amended by inserting after section 172M the 77 following section:- 78 Section 172N. State and political subdivision licensing authorities shall provide in the 79 licensing requirements for a professional license a list of the specific criminal convictions that 80 are directly related to the duties and responsibilities for the licensed occupation that may 81 disqualify an applicant from eligibility for a license. For the purposes of this section, “licensing 82 authority” shall include an agency, examining board, credentialing board, or other office or 83 commission with the authority to impose occupational fees or licensing requirements on a 84 profession. 85 SECTION 9. Said chapter 6 is hereby further amended by striking out section 184A, as 86 appearing in the 2016 Official Edition, and inserting in place thereof the following section:- 87 Section 184A. (a) There shall be a forensic science oversight board in the executive 88 office of public safety and security. The board shall have oversight authority over all 89 commonwealth facilities engaged in forensic services in criminal investigations, and shall 90 provide enhanced, objective and independent auditing and oversight of forensic evidence used in 91 criminal matters, and of the analysis, including the integrity of such forensic analysis performed 92 in state and municipal laboratories. 93 The board shall consist of: the undersecretary for forensic sciences or a designee, who 94 shall serve as chair but shall not be a voting member; and 13 members who shall be appointed by 95 the governor, 1 of whom shall have expertise in forensic science, 1 of whom shall have expertise 96 in forensic laboratory management, 1 of whom shall have expertise in cognitive bias, 1 of whom 97 shall have expertise in statistics, 1 of whom shall be in academia in a research field involving 98 forensic science, 1 of whom shall have expertise in statistics, 1 of whom shall have expertise in 99 forensic laboratory management, 1 of whom shall have expertise in clinical quality management, 100 1 of whom shall be nominated by the Massachusetts District Attorneys Association, 1 of whom 101 shall be nominated by the attorney general, 1 of whom shall be nominated by the committee for 102 public counsel services, 1 of whom shall be nominated by the Massachusetts Association of 103 Criminal Defense Lawyers, Inc. and 1 of whom shall be nominated by the New England 104 Innocence Project, Inc. 105 A member, other than the undersecretary for forensic sciences or a designee and those 106 nominated by the Massachusetts District Attorneys Association, the attorney general, the 107 committee for public counsel services or the New England Innocence Project, Inc., shall not be 108 employed by or affiliated with any state or municipal forensic laboratory throughout the term of 109 membership. 110 (b) All appointments to the board shall be for a term of 4 years, with the members 111 initially appointed serving staggered terms. A vacancy, other than by expiration of term, shall be 112 filled by the governor for the unexpired term. Staff for the board shall be provided by the 113 executive office of public safety and security. The board shall meet at times and places as is 114 requested by 5 of its members and shall not meet less than quarterly. Members shall not 115 designate a proxy to vote in their absence. Members of the board shall serve without 116 compensation but shall be reimbursed for reasonable and necessary expenses incurred in the 117 performance of their duties. 118 (c) Not more than 6 months following the appointment of its membership, the board shall 119 conduct a comprehensive audit of the facilities and practices being utilized for criminal forensic 120 analysis in the Commonwealth and the operation and management of the Massachusetts state 121 police crime laboratories. Such audit shall include, but not be limited to: (i) evaluating the 122 capabilities of the state police crime laboratory and its ability to process evidence necessary to 123 comply with the Massachusetts general laws; (ii) the condition and accuracy of testing 124 equipment; (iii) the handling processing, testing and storage of evidence by such facilities; (iv) 125 establishing professional qualifications necessary to serve as the head of the state police crime 126 laboratory; (v) the licensure and oversight of laboratory personnel; (vi) determining the proper 127 entity to control the crime laboratory and whether it would be appropriate to transfer such control 128 to another executive agency or to an independent executive director; (vii) the feasibility of 129 creating a board to select an independent executive director of the crime laboratory; (viii) setting 130 term limits and reappointment standards applicable to the head of the state police crime 131 laboratory. The results of such audit, together with any recommendations for regulatory or 132 legislative actions, shall be reported to the clerks of the house and senate, the secretary of public 133 safety and security, the joint committee on the judiciary, the joint committee on public safety and 134 homeland security, the colonel of the state police, and the house and senate committee on ways 135 and means. 136 (d) The board shall initiate an investigation into any forensic science, technique or 137 analysis used in a criminal matter upon: (i) application by a person alleging that a forensic 138 technique in common use is not scientifically valid if not less than 5 members of the 139 commission, which may include the undersecretary for forensic sciences or the undersecretary’s 140 designee, agree; or (ii) a determination by not less than 5 members of the commission, which 141 may include the undersecretary for forensic sciences or the undersecretary’s designee, that an 142 investigation of a forensic analysis would advance the integrity and reliability of forensic science 143 in the commonwealth. 144 The board shall report the results of an investigation by the board, with any resulting 145 recommendations, to the executive office of public safety and security, the joint committee on 146 public safety and homeland security, the supreme judicial court, the Massachusetts District 147 Attorneys Association, the attorney general, the committee for public counsel services, the 148 Massachusetts Association of Criminal Defense Lawyers, Inc. and the New England Innocence 149 Project, Inc. 150 (e) The board shall develop, implement and periodically review a system for forensic 151 laboratories to report professional negligence or misconduct and any such facility shall be 152 required to report to the board any instance of professional negligence and misconduct. 153 (f) The board shall actively engage stakeholders in the criminal justice system in forensic 154 development initiatives and shall recommend ways to improve education and training in forensic 155 science and the law, and identify measures to improve the quality of forensic analysis performed 156 in laboratories. 157 (g) The board shall develop, implement and periodically review a system to evaluate 158 laboratory accreditation and professional licensing processes, including securing and maintaining 159 such accreditation, and shall ensure that every facility is actively accredited and in compliance 160 with standards promulgated by the International Organization of Standardization. 161 (h) The board shall review any budget request of the undersecretary for forensic sciences, 162 including any recommendations for the allocation of resources and expansion of services, and 163 may provide its own recommendations to the secretary of the executive office of public safety 164 and security. 165 (i) The board shall develop protocols to ensure proper chain of custody of evidence. 166 (h) The board shall receive and review quarterly reports from the undersecretary for 167 forensic sciences that shall include such information as the board requests, and which shall, at a 168 minimum, include: (1) the volume of forensic services of each facility as well as the volume for 169 each employee within such facility; (2) the volume of forensic services required for each county; 170 (3) the costs and length of time from submission for testing and the return of results from such 171 facilities; (4) compliance with accreditation standards; and (5) facility employee records, 172 qualifications, and incident reports that could affect the integrity or results of forensic analysis. 173 At the direction of the board, the undersecretary for forensic sciences shall advise the 174 board on issues as the board shall request. The undersecretary shall make recommendations for 175 the allocation of resources and expansion of services, and on an annual basis, submit budget 176 recommendations to the secretary of the executive office of public safety and security and the 177 board. 178 SECTION 10. Section 18¾ of chapter 6A of the General Laws, as so appearing, is 179 hereby amended by adding the following 5 paragraphs:- 180 (11) to create a uniform booklet of informational material, which shall be provided to 181 persons, including juvenile offenders, committed to the custody of the department of correction, 182 the department of youth services or the sheriffs upon their release from a correctional facility. 183 The booklet shall contain, at a minimum: (i) a summary of how and by whom the committed 184 person’s criminal offender record information may be accessed and distributed pursuant to 185 sections 167 to 178B, inclusive, of chapter 6; (ii) an explanation of the process for filing a 186 complaint with the department of criminal justice information services regarding the content of, 187 dissemination of or access to criminal offender record information; (iii) an explanation of the 188 right to have certain records sealed pursuant to section 100A of chapter 276 and a step by step 189 explanation of the process for sealing such records; (iv) an explanation of the duration of 190 criminal offender record information; (v) contact information for relevant employees and offices 191 of the department; (vi) a list of websites with important background on, and explanations of, 192 criminal offender record information; and (vi) a list of answers to frequently asked questions 193 about criminal offender record information. 194 (12)(i) to establish data collection and reporting standards for criminal justice agencies 195 and the trial court to enable the submission of data by the department of correction, houses of 196 correction and county jails to capture and report information on their populations, including 197 recording all applicable charges and convictions. The secretary shall promulgate regulations 198 regarding: (i) the format for the submission of the data and (ii) the categories and types of data 199 required to be submitted, including, but not limited to: (A) a unique statewide identification 200 number assigned to each person who enters the criminal justice system, including but not limited 201 to the fingerprint-based state identification number and the probation central file number; (B) the 202 offense for which the person has been incarcerated; (C) the date and time of the offense, (D) the 203 location of the offense; (E) the race, ethnicity, gender age of the person, whether the person is a 204 primary caretaker of a child and the status of the person’s reproductive health needs; (F) risk and 205 needs assessment scores; (G) participation and completion of evidence-based programs; and (H) 206 dates entering and exiting the jail or the date entering the department or house of correction 207 custody, wrap-up release date and actual release date. 208 (ii) the data collected pursuant to clause (i) shall be in the form of a cross-tracking 209 system for data collection and reporting standards for criminal justice agencies and the trial 210 court, including houses of correction and county jails. The cross-tracking system shall require all 211 criminal justice agencies and the judiciary to use a unique state identification number assigned to 212 each person who enters the criminal justice system. All criminal justice agencies and the trial 213 court shall incorporate the unique state identification number into their data systems upon a 214 person’s initial transfer to their jurisdiction. Anonymized cross-agency data shall be made 215 available to the public for analysis through an application programming interface which allows 216 access to all electronically available records. 217 (13) to establish data collection and reporting standards for criminal justice agencies and 218 the trial court relative to recidivism rates for rearraignment, reconviction and reincarceration. 219 Recidivism rates, determined by the data collected, shall be reported annually to the secretary. 220 The data shall be submitted by each criminal justice agency and the judiciary to the secretary 221 who shall subsequently publish the information quarterly on the executive office of public safety 222 and security website. Reported data shall be tracked over 1, 2 and 3 year periods and include 223 categorizations by race, ethnicity, gender and age. 224 (14) to establish data collection and reporting standards for criminal justice agencies and 225 the trial court to standardize methods of reporting of race and ethnicity data to facilitate 226 assessment of the racial and ethnic composition of the criminal justice population of the 227 commonwealth. The criminal justice agencies and the trial court, including houses of correction 228 and county jails, shall coordinate to ensure that racial and ethnic data related to populations, 229 trends and outcomes is reported accurately to the secretary of the executive office of public 230 safety and security and the public. 231 (15) The data collection and reporting standards established in paragraphs 12, 13 and 14 232 shall be developed in consultation with the executive office of technology services and security. 233 SECTION 11. Said chapter 6A is hereby amended by inserting after section 18W the 234 following 2 sections:- 235 Section 18X. (a) The executive office of public safety and security shall establish and 236 maintain a statewide sexual assault evidence kit tracking system. The secretary of public safety 237 and security, hereinafter referred to as the secretary, in conjunction with the department of public 238 health, shall convene a multidisciplinary task force composed of members that include law 239 enforcement professionals, crime lab personnel, prosecutors, victim advocates, victim attorneys, 240 survivors and sexual assault nurse examiners or sexual assault forensic examiners to help 241 develop recommendations for a tracking system, methods to improve transportation of sexual 242 assault evidence kits and funding sources. The secretary may contract with state or non-state 243 entities including, but not limited to, private software and technology providers, for the creation, 244 operation and maintenance of the system. A sexual assault evidence kit shall include the 245 standardized kit for the collection and preservation of evidence in sexual assault or rape cases as 246 designed by the municipal police training committee pursuant to section 97B of chapter 41. 247 (b) The statewide sexual assault evidence kit tracking system shall: 248 (i) track the location and status of sexual assault evidence kits throughout the criminal 249 justice process, including: (1) the initial collection in examinations performed at hospitals or 250 medical facilities; (2) receipt and storage at a governmental entity, including a local law 251 enforcement agency, the department of state police, a district attorney’s office or any other 252 political subdivision of the commonwealth or of a county, city or town; (3) a hospital or medical 253 facility that is in possession of forensic evidence pursuant to section 97B of chapter 41; (4) 254 receipt and analysis at forensic laboratories; and (5) storage and any destruction after completion 255 of analysis; 256 (ii) allow hospitals or medical facilities performing sexual assault forensic examinations, 257 law enforcement agencies, prosecutors, the crime laboratory within the department of state 258 police, or any crime laboratory operated by the police department of a municipality with a 259 population of more than 150,000, and other entities in the custody of sexual assault kits to update 260 and track the status and location of sexual assault kits; 261 (iii) allow victims of sexual assault to anonymously track and receive updates regarding 262 the status of their sexual assault kits; and 263 (iv) use electronic technology or technologies allowing continuous access. 264 (c) Any public agency or entity, including its officials and employees, and any hospital 265 and its employees providing services to victims of sexual assault may not be held civilly liable 266 for damages arising from any release of information or the failure to release information related 267 to the statewide sexual assault evidence kit tracking system, so long as the release was without 268 gross negligence. 269 (d) Local law enforcement agencies shall participate in the statewide sexual assault 270 evidence kit tracking system established in this section for the purpose of tracking the status of 271 all sexual assault evidence kits in the custody of local law enforcement agencies and other 272 entities contracting with local law enforcement agencies. 273 (e) The director of the crime laboratory within the department of state police and the 274 director of any crime laboratory operated by the police department of a municipality with a 275 population of more than 150,000 shall participate in the statewide sexual assault evidence kit 276 tracking system established in this section for the purpose of tracking the status of all sexual 277 assault evidence kits in the custody of the department of state police and other entities 278 contracting with the department of state police or such crime laboratory operated by a police 279 department of a municipality with a population of more than 150,000. 280 (f) A hospital or medical facility licensed pursuant to chapter 111 shall participate in the 281 statewide sexual assault evidence kit tracking system established in this section for the purpose 282 of tracking the status of all sexual assault evidence kits collected by or in the custody of hospitals 283 and other entities contracting with hospitals. 284 (g) District attorney offices shall participate in the statewide sexual assault evidence kit 285 tracking system established in this section for the purpose of tracking the status of all sexual 286 assault evidence kits. 287 Section 18Y. Annually, on or before September 1st, the following reports regarding the 288 previous fiscal year shall be submitted to the executive office of public safety and security by 289 law enforcement agencies, medical facilities, crime laboratories, and any other facilities that 290 receive, maintain, store or preserve sexual assault evidence kit. The reports shall contain: (i) the 291 total number of all kits containing forensic samples collected or received; (ii) the date of 292 collection or receipt of each kit; (iii) the category of each kit; (iv) the sexual assault that was 293 reported to law enforcement; (v) whether or not the victim chose not to file a report with law 294 enforcement (non-investigatory); (vi) the status of the kit; (vii) the total number of all kits 295 remaining in possession of the medical facility, law enforcement or laboratory and all reasons for 296 any kit in possession for more than 30 days;viii) the total number of kits destroyed by medical 297 facilities, law enforcement or laboratories, and reason for destruction; 298 ix. in the case of a medical facility, the date the kit was collected, the date the kit was 299 reported to law enforcement and the date the kit was picked up by law enforcement; 300 x. in the case of law enforcement the date the kit was picked up from a medical 301 facility, the date the kit was delivered to the crime laboratory and, for kits belonging to another 302 jurisdiction, the date that the jurisdiction was notified and the date it was picked up; and 303 xi. in the case of crime laboratories the date the kit was received, from which agency 304 the kit was received, the date the kit was tested, the date the resulting information was entered 305 into CODIS and the state DNA databases and all reasons a kit was not tested or a DNA profile 306 was not created. 307 The executive office of public safety and security shall compile the information in a 308 summary report that includes a list of all agencies or facilities that failed to participate in the 309 audit. The annual summary report shall be made publicly available on the executive office of 310 public safety and security’s website and shall be submitted to the governor, the attorney general, 311 the clerks of the house of representatives and the senate, and the house and senate chairs of the 312 joint committee on the judiciary. 313 The executive office of public safety and security may obtain information from the 314 tracking system established in section 18X and by additional means, such as manual counts and 315 review of records such as case files. 316 SECTION 12. Section 3 of chapter 7D of the General Laws, as amended by section 13 of 317 chapter 64 of the acts of 2017, is hereby further amended by striking out the words “and (xii) 318 adapt standards as necessary for individual agencies to comply with federal law” and inserting in 319 place thereof the following words:- (xii) adapt standards as necessary for individual agencies to 320 comply with federal law; and 321 (xiii) maintain a page on the commonwealth’s official website, open to the public through 322 the Massachusetts open data portal, providing data, as transmitted by the department of criminal 323 justice information services pursuant to subsection (i) of section 167A of chapter 6, concerning 324 arrests; provided, however, that categories of data which constitute personally identifiable 325 information shall not be posted or made available to the public. 326 SECTION 13. Said chapter 7D is hereby amended by adding the following section:- 327 Section 11. There shall be an inter-branch, interagency oversight board to monitor and 328 ensure that the justice reinvestment policies relative to data collection and its availability to the 329 public achieve anticipated goals. The board shall consist of 16 members: the secretary of the 330 executive office of technology services and security, who shall serve as chairperson; the attorney 331 general or a designee; the chief justice of the trial court or a designee; the secretary of the 332 executive office of public safety and security or a designee; the commissioner of probation or a 333 designee, the chief counsel of the committee for public counsel services or a designee; the 334 commissioner of correction or a designee; a member of the Massachusetts District Attorneys 335 Association; a member of the Massachusetts Sheriffs Association, Inc.; the senate chair of the 336 joint committee on the judiciary or a designee; the house chair of the joint committee on the 337 judiciary or a designee; the chief legal counsel of the Massachusetts Bar Association or a 338 designee; the executive director of the American Civil Liberties Union of Massachusetts, Inc. or 339 a designee; and 3 members appointed by the governor: 1 of whom shall be an expert in 340 addressing racial, ethnic, gender or age bias and 2 of whom shall be experts in data collection 341 and analysis. 342 The board shall meet quarterly to review the compliance of : (i) criminal justice agencies 343 and the trial court, including the probation service, the parole board, the executive office of 344 public safety and security, the department of correction, houses of correction and county jails in: 345 (1) collecting and submitting data required by paragraphs 12, 13 and 14 of section 18¾ of 346 chapter 6A; (2) making said data available to the public as required by said paragraphs 12, 13 347 and 14 of said section 18¾ through the development of data portals to make data without 348 personally identifiable information so available; and (ii) criminal justice agencies and the trial 349 court, including the department of correction, houses of correction and county jails, with policies 350 ensuring accurate data collection across racial, ethnic and gender classifications; provided, that 351 compliance shall include a review of whether the methods of data collection are appropriately 352 screening for gender-specific risk or needs that may be addressed by evidence-based programs. 353 A report on the collection of data and the compliance with justice reinvestment policies shall be 354 submitted annually to the clerks of the house of representatives and the senate on or before July 355 1. 356 SECTION 14. Chapter 10 of the General Laws is hereby amended by inserting after 357 section 35DDD the following section:- 358 Section 35EEE. (a) There shall be a Municipal Police Training Fund which shall consist 359 of amounts credited to the fund in accordance with this section. The fund shall be administered 360 by the state treasurer and held in trust exclusively for the purposes of this section. The state 361 treasurer shall be treasurer-custodian of the fund and shall have the custody of its monies and 362 securities. 363 (b) The fund shall consist of: (i) funds transferred from the Marijuana Regulation Fund 364 established in section 14 of chapter 94G; (ii) revenue from appropriations or other money 365 authorized by the general court and specifically designated to be credited to the fund; (iii) 366 interest earned on money in the fund; and (iv) funds from private sources including, but not 367 limited to, gifts, grants and donations received by the commonwealth that are specifically 368 designated to be credited to the fund. Amounts credited to the fund shall not be subject to further 369 appropriation and any money remaining in the fund at the end of a fiscal year shall not revert to 370 the General Fund. The secretary shall annually report the activity of the fund to the clerks of the 371 senate and the house of representatives and the senate and house committees on ways and means 372 not later than December 31. 373 (c) Expenditures from the fund shall be made to provide funding for: (i) the operating 374 expenses of the municipal police training committee established by section 116 of chapter 6; (ii) 375 basic recruit training for new police officers; (iii) mandatory in-service training for veteran 376 police officers; (iv) specialized training for veteran police officers and reserve and intermittent 377 police officers; and (v) the basic training program for reserve and intermittent police officers. 378 SECTION 15. Section 66A of chapter 10 of the General Laws, as appearing in the 2016 379 Official Edition, is hereby amended by inserting after the words “chapter 265”, in line 6, the 380 following words:- and section 107 of chapter 272. 381 SECTION 16. Chapter 12 of the General Laws is hereby amended by adding the 382 following section:- 383 Section 34. The district attorneys shall, within their respective districts, establish a pre- 384 arraignment diversion program which may be used to divert a veteran or person who is in active 385 service in the armed forces, a person with a substance use disorder or a person with mental 386 illness if such veteran or person is charged with an offense or offenses against the 387 commonwealth. 388 SECTION 17. Chapter 18C of the General Laws is hereby amended by adding the 389 following section:- 390 Section 14. The office shall convene a childhood trauma task force made up of members 391 of the juvenile justice policy and data board established pursuant to section 89 of chapter 119 to 392 study, report and make recommendations on gender responsive and trauma-informed approaches 393 to treatment services for juveniles and youthful offenders in the juvenile justice system. Said 394 task force shall review the current means of (i) identifying school-aged children who have 395 experienced trauma, particularly undiagnosed trauma, and (ii) providing services to help children 396 recover from the psychological damage caused by such exposure to violence, crime or 397 maltreatment. The task force shall consider the feasibility of providing school-based trainings on 398 early, trauma-focused interventions, trauma-informed screenings and assessments, and the 399 recognition of reactions to victimization, as well as the necessity for diagnostic tools. A priority 400 shall be placed on juvenile or youthful offender’s pathways into the juvenile justice system with 401 the goal of reducing the likelihood of recidivism by addressing the unique issues associated with 402 juvenile or youthful offenders including emotional abuse, physical abuse, sexual abuse, 403 emotional neglect, physical neglect, family violence, household substance abuse, household 404 mental illness, parental absence, and household member incarceration. 405 The childhood trauma task force shall annually report its findings and recommendations 406 by December 31 to the governor, the house and senate chairs of the joint committee on the 407 judiciary, the house and senate chairs of the joint committee on public safety and homeland 408 security and the chief justice of the trial court. 409 SECTION 18. Section 36 of chapter 22C of the General Laws, as appearing in the 2016 410 Official Edition, is hereby amended by adding the following 3 paragraphs:- 411 In any juvenile or adult criminal case in which a fingerprint identification has been 412 transmitted to the Federal Bureau of Investigation to provide criminal history record information 413 through the bureau’s Interstate Identification Index, the department shall also transmit the case 414 disposition information, including any order of dismissal and any order to seal or expunge a 415 record. The transmission of any sealing order to the Federal Bureau of Investigation shall be 416 accompanied by an order to seal such information within the bureau’s Interstate Identification 417 Index. The transmission of any expungement order to the Federal Bureau of Investigation shall 418 be accompanied by an order to expunge such information within the bureau’s Interstate 419 Identification Index. 420 If the department transmits a fingerprint identification of a juvenile to the Federal Bureau 421 of Investigation to provide criminal history record information through the bureau’s Interstate 422 Identification Index, the department shall also promptly transmit an order to seal such 423 information within the bureau’s Interstate Identification Index. 424 The executive office of public safety and security shall promulgate regulations to assure 425 that the necessary offense based tracking number is included with criminal offender record 426 information so as to support the transmission of case disposition information to the Federal 427 Bureau of Investigation. 428 SECTION 19. Chapter 22E of the General Laws is hereby amended by striking out 429 section 3, as so appearing, and inserting in place thereof of the following section:- 430 Section 3. (a) Any person who is convicted of an offense that is punishable by 431 imprisonment in the state prison and any person adjudicated a youthful offender by reason of an 432 offense that would be punishable by imprisonment in the state prison if committed by an adult 433 shall submit a DNA sample to the department or the commissioner of probation as a condition of 434 probation forthwith upon conviction or, if sentenced to a term of imprisonment, the DNA sample 435 shall be collected within 10 days of intake or return to the correctional facility to which the 436 inmate has been sentenced. No person required to submit a DNA sample pursuant to this section 437 shall be released from a correctional facility until a DNA sample has been collected. 438 (b) The trial court, the commissioner of probation and the department shall establish and 439 implement a system for the electronic notification to the department whenever a person is 440 convicted of an offense that requires the submission of a DNA sample under subsection (a). The 441 sample shall be collected by a person authorized under section 4, in accordance with regulations 442 or procedures established by the director. The results of such sample shall become part of the 443 state DNA database. The submission of such DNA sample shall not be stayed pending a 444 sentence appeal, motion for new trial, appeal to an appellate court or other post-conviction 445 motion or petition. 446 SECTION 20. Section 4 of said chapter 22E, as so appearing, is hereby amended by 447 inserting after the word “training”, in line 5, the following words:- , a probation officer. 448 SECTION 21. Said section 4 of said chapter 22E, as so appearing, is hereby further 449 amended by inserting after the word “personnel”, in lines 14 and 18, in each instance, the 450 following words:- , including a probation officer,. 451 SECTION 22. Said chapter 22E is hereby further amended by striking out section 5, as 452 so appearing, and inserting in place thereof the following section:- 453 Section 5. The department shall provide all collection materials, labels and instructions 454 for the collection of DNA samples pursuant to this chapter. 455 SECTION 23. Said chapter 22E is hereby further amended by striking out section 11, as 456 so appearing, and inserting in place thereof the following section:- 457 Section 11. A person required to provide a DNA sample pursuant to this chapter and 458 who, after notice, willfully fails to provide such DNA required by section 3 shall be subject to 459 punishment by a fine of not more than $2,000 or imprisonment in a jail or house of correction for 460 not more than 6 months or both. 461 SECTION 24. Chapter 41 of the General Laws is hereby amended by inserting after 462 section 97B the following section:- 463 Section 97B ½. (a) A hospital licensed pursuant to chapter 111 and all other medical 464 facilities that conduct medical forensic examinations shall notify a local law enforcement agency 465 at the time the evidence of a sexual assault is obtained and no later than 24 hours after using a 466 new kit for the collection of sexual assault evidence. 467 (b) Local law enforcement agencies shall: 468 (1) Take possession of the sexual assault evidence kit from hospitals and other 469 medical facilities that conduct medical forensic examinations within 3 business days of 470 notification. 471 (2) Submit new sexual assault evidence kits to the crime laboratory within the 472 department of the state police or the police department of a municipality that operates a crime 473 laboratory and has a population of more than 150,000, in the case of a sexual assault alleged to 474 have taken place in that municipality, within 7 business days of taking possession, except that 475 non-investigatory sexual assault evidence kits associated with a victim who has not yet filed a 476 report with law enforcement shall not be subject to the 7 day requirement. Non-investigatory kits 477 shall be safely stored by law enforcement in a manner that preserves evidence for the duration of 478 the statute of limitations for all sexual assault and rape cases. 479 (b) The crime laboratory within the department of the state police or the police 480 department of a municipality that operates a crime laboraty and has a population of more than 481 150,000, in the case of a sexual assault alleged to have taken place in that municipality, shall test 482 all sexual assault evidence kits within 30 days of receipt from local law enforcement. 483 (c) In cases where testing results in a DNA profile, the crime laboratory shall enter 484 the full profile into CODIS and the state DNA database. 485 (d) Each sexual assault evidence kit shall be entered into the statewide sexual assault 486 evidence kit tracking system pursuant to section 18X of chapter 6A. 487 SECTION 25. Section 98F of said chapter 41, as appearing in the 2016 Official Edition, 488 is hereby amended by striking out, in line 18, the words “or (iii)” and inserting in place thereof 489 the following words:- , (iii). 490 SECTION 26. Said section 98F of said chapter 41, as so appearing, is hereby further 491 amended by inserting after the figure “209A”, in line 21, the following words:- , or (iv) any entry 492 concerning the arrest of a person who has not yet reached 18 years of age. 493 SECTION 27. Section 37P of chapter 71, as so appearing, is hereby amended by striking 494 the second paragraph in subsection (b) and inserting in place thereof the following 495 In assigning a school resource officer, hereinafter referred to as “SRO”, the chief of 496 police shall assign an officer that the chief believes would strive to foster an optimal learning 497 environment and educational community. The chief of police shall give preference to candidates 498 who demonstrate the requisite personality and character to work with children and educators in a 499 school environment and who have received specialized training relating to working with 500 adolescents and children, including cognitive development, de-escalation techniques, and 501 alternatives to arrest and diversion strategies. The appointment shall not be based solely on 502 seniority. The performance of an SRO shall be reviewed annually by the superintendent and the 503 chief of police. 504 The superintendent and the chief of police shall enter into a written memorandum of 505 understanding which shall be placed on file in the offices of the school superintendent and the 506 chief of police. The memorandum of understanding shall, at minimum, describe the following: 507 (i) the mission statement, goals and objectives of the SRO program; (ii) the roles and 508 responsibilities of the SROs, the police department, and the schools; (iii) the process for selecting 509 SROs; (iv) the mechanisms to incorporate SROs into the school environment, including school 510 safety meetings; (v) information sharing between SROs, school staff and other partners; (vi) the 511 organizational structure of the SRO program, including supervision of SROs and the lines of 512 communication between the school district and police department; (vii) training for SROs, 513 including but not limited to continuing professional development in child and adolescent 514 development, conflict resolution and diversion strategies; and (viii) specify the manner and 515 division of responsibility for collecting and reporting the school-based arrests, citations and court 516 referrals of students to the department of elementary and secondary education in accordance with 517 regulations promulgated by the department, which shall collect and publish disaggregated data in 518 a like manner as school discipline data made available for public review. 519 The memorandum of understanding shall state that SROs shall not serve as school 520 disciplinarians, as enforcers of school regulations or in place of licensed school psychologists, 521 psychiatrists or counselors and that SROs shall not use police powers to address traditional 522 school discipline issues, including non-violent disruptive behavior. 523 The chief of police, in consultation with the school superintendent, shall establish 524 standard operating procedures, hereinafter referred to as “SOP” to provide guidance to SROs 525 about daily operations, policies and procedures. At minimum, the SOP, as established by the 526 chief of police, shall describe the following for the school resource officer: 527 (1) the SRO uniform; 528 (2) use of police force, arrest, citation and court referral on school property; 529 (3) a statement and description of students’ legal rights, including the process for 530 searching and questioning students and when parents and administrators shall be notified and 531 present; 532 (4) chain of command, including delineating to whom the SRO reports and how 533 school administrators and the SRO work together; 534 (5) performance evaluation standards, which shall incorporate monitoring compliance 535 with the memorandum of understanding and use of arrest, citation, and police force in school; 536 (6) protocols for diverting and referring at-risk students to school- and community- 537 based supports and providers; and 538 (7) information sharing between the SRO, school staff, and parents or guardians. 539 The executive office of public safety and security, in consultation with the department of 540 elementary and secondary education, shall make available to all communities examples of model 541 memoranda of understanding, statements of procedures, and non-binding advisories on how to 542 establish said documents. 543 SECTION 28. Section 8A of chapter 90 of the General Laws, as so appearing, is hereby 544 amended by striking out, in line 33, the words “of the vapors of glue” and inserting in place 545 thereof the following words:- from smelling or inhaling the fumes of any substance having the 546 property of releasing toxic vapors as defined in section 18 of chapter 270. 547 SECTION 29. Section 8A½ of said chapter 90, as so appearing, is hereby amended by 548 striking out, in lines 29 and 30, the words “the vapors of glue” and inserting in place thereof the 549 following words:- from smelling or inhaling the fumes of any substance having the property of 550 releasing toxic vapors as defined in section 18 of chapter 270. 551 SECTION 30. Section 21 of said chapter 90, as so appearing, is hereby amended by 552 striking out, in line 27, the words “under the influence of the vapors of glue” and inserting in 553 place thereof the following words:- while under the influence from smelling or inhaling the 554 fumes of any substance having the property of releasing toxic vapors as defined in section 18 of 555 chapter 270. 556 SECTION 31. Subsection (i) of section 22 of said chapter 90 is hereby repealed. 557 SECTION 32. Section 24 of said chapter 90, as appearing in the 2016 Official Edition, is 558 hereby amended by striking out, in lines 8 and 759, the words “the vapors of glue” and inserting 559 in place thereof, in each instance, the following words:- while under the influence from smelling 560 or inhaling the fumes of any substance having the property of releasing toxic vapors as defined in 561 section 18 of chapter 270. 562 SECTION 33. Subparagraph (1) of paragraph (a) of subdivision (1) of said section 24 of 563 said chapter 90, as so appearing, is hereby amended by striking out the seventh paragraph and 564 inserting in place thereof the following 5 paragraphs:- 565 If the defendant has been previously convicted or assigned to an alcohol or controlled 566 substance education, treatment or rehabilitation program by a court of the commonwealth or any 567 other jurisdiction because of a like offense 4 times preceding the date of the commission of the 568 offense for which the defendant has been convicted, the defendant shall be punished by a fine of 569 not less than $2,000 nor more than $50,000 and by imprisonment for not less than 2 and one-half 570 years or by a fine of not less than $2,000 nor more than $50,000 and by imprisonment in the state 571 prison for not less than 2 and one-half years nor more than 5 years; provided, however, that the 572 sentence imposed upon such person shall not be reduced to less than 24 months, nor suspended, 573 nor shall any such person be eligible for probation, parole, or furlough or receive any deduction 574 from his or her sentence for good conduct until he or she shall have served 24 months of such 575 sentence; provided, further, that the commissioner of correction may, on the recommendation of 576 the warden, superintendent, or other person in charge of a correctional institution, or the 577 administrator of a county correctional institution, grant to an offender committed under this 578 subdivision a temporary release in the custody of an officer of such institution for the following 579 purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain 580 emergency medical or psychiatric services unavailable at said institution; to engage in 581 employment pursuant to a work release program; or for the purposes of an aftercare program 582 designed to support the recovery of an offender who has completed an alcohol or controlled 583 substance education, treatment or rehabilitation program operated by the department of 584 correction; and provided further, that the defendant may serve all or part of such 24 months 585 sentence, to the extent that resources are available, in a correctional facility specifically 586 designated by the department of correction for the incarceration and rehabilitation of drinking 587 drivers. 588 If the defendant has been previously convicted or assigned to an alcohol or controlled 589 substance education, treatment or rehabilitation program by a court of the commonwealth or any 590 other jurisdiction because of a like offense 5 times preceding the date of the commission of the 591 offense for which the defendant has been convicted, the defendant shall be punished by a fine of 592 not less than $2,000 nor more than $50,000 and by imprisonment for not less than 2 and one-half 593 years or by a fine of not less than $2,000 nor more than $50,000 and by imprisonment in the state 594 prison for not less than 2 and one-half years nor more than 5 years; provided, however, that the 595 sentence imposed upon such person shall not be reduced to less than 24 months, nor suspended, 596 nor shall any such person be eligible for probation, parole or furlough or receive any deduction 597 from his or her sentence for good conduct until he or she shall have served 24 months of such 598 sentence; provided further, that the commissioner of correction may, on the recommendation of 599 the warden, superintendent, or other person in charge of a correctional institution, or the 600 administrator of a county correctional institution, grant to an offender committed under this 601 subdivision a temporary release in the custody of an officer of such institution for the following 602 purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain 603 emergency medical or psychiatric services unavailable at said institution; to engage in 604 employment pursuant to a work release program; or for the purposes of an aftercare program 605 designed to support the recovery of an offender who has completed an alcohol or controlled 606 substance education, treatment or rehabilitation program operated by the department of 607 correction; and provided further, that the defendant may serve all or part of such 24 months 608 sentence, to the extent that resources are available, in a correctional facility specifically 609 designated by the department of correction for the incarceration and rehabilitation of drinking 610 drivers. 611 If the defendant has been previously convicted or assigned to an alcohol or controlled 612 substance education, treatment or rehabilitation program by a court of the commonwealth or any 613 other jurisdiction because of a like offense 6 times preceding the date of the commission of the 614 offense for which defendant has been convicted, the defendant shall be punished by a fine of not 615 less than $2,000 nor more than $50,000 and by imprisonment in the state prison for not less than 616 3 and one-half years nor more than 8 years; provided, however, that the sentence imposed upon 617 such person shall not be reduced to less than 36 months, nor suspended, nor shall any such 618 person be eligible for probation, parole or furlough or receive any deduction from his or her 619 sentence for good conduct until he or she shall have served 36 months of such sentence; provided 620 further, that the commissioner of correction may, on the recommendation of the warden, 621 superintendent, or other person in charge of a correctional institution, or the administrator of a 622 county correctional institution, grant to an offender committed under this subdivision a 623 temporary release in the custody of an officer of such institution for the following purposes only: 624 to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or 625 psychiatric services unavailable at said institution; to engage in employment pursuant to a work 626 release program; or for the purposes of an aftercare program designed to support the recovery of 627 an offender who has completed an alcohol or controlled substance education, treatment or 628 rehabilitation program operated by the department of correction; and provided further, that the 629 defendant may serve all or part of such 36 months sentence, to the extent that resources are 630 available, in a correctional facility specifically designated by the department of correction for the 631 incarceration and rehabilitation of drinking drivers. 632 If the defendant has been previously convicted or assigned to an alcohol or controlled 633 substance education, treatment or rehabilitation program by a court of the commonwealth or any 634 other jurisdiction because of a like offense 7 times preceding the date of the commission of the 635 offense for which the defendant has been convicted, the defendant shall be punished by a fine of 636 not less than $2,000 nor more than $50,000 and by imprisonment in the state prison for not less 637 than 3 and one-half years nor more than 8 years; provided, however, that the sentence imposed 638 upon such person shall not be reduced to less than 36 months, nor suspended, nor shall any such 639 person be eligible for probation, parole or furlough or receive any deduction from his or her 640 sentence for good conduct until he or she shall have served 36 months of such sentence; provided 641 further, that the commissioner of correction may, on the recommendation of the warden, 642 superintendent or other person in charge of a correctional institution, or the administrator of a 643 county correctional institution, grant to an offender committed under this subdivision a 644 temporary release in the custody of an officer of such institution for the following purposes only: 645 to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or 646 psychiatric services unavailable at said institution; to engage in employment pursuant to a work 647 release program; or for the purposes of an aftercare program designed to support the recovery of 648 an offender who has completed an alcohol or controlled substance education, treatment or 649 rehabilitation program operated by the department of correction; and provided further, that the 650 defendant may serve all or part of such 36 months sentence, to the extent that resources are 651 available, in a correctional facility specifically designated by the department of correction for the 652 incarceration and rehabilitation of drinking drivers. 653 If the defendant has been previously convicted or assigned to an alcohol or controlled 654 substance education, treatment or rehabilitation program by a court of the commonwealth or any 655 other jurisdiction because of a like offense 8 or more times preceding the date of the commission 656 of the offense for which the defendant has been convicted, the defendant shall be punished by a 657 fine of not less than $2,000 nor more than $50,000 and by imprisonment in the state prison for 658 not less than 4 and one-half years nor more than 10 years; provided, however, that the sentence 659 imposed upon such person shall not be reduced to less than 48 months, nor suspended, nor shall 660 any such person be eligible for probation, parole or furlough or receive any deduction from his or 661 her sentence for good conduct until he or she shall have served 48 months of such sentence; 662 provided further, that the commissioner of correction may, on the recommendation of the 663 warden, superintendent, or other person in charge of a correctional institution, or the 664 administrator of a county correctional institution, grant to an offender committed under this 665 subdivision a temporary release in the custody of an officer of such institution for the following 666 purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain 667 emergency medical or psychiatric services unavailable at said institution; to engage in 668 employment pursuant to a work release program; or for the purposes of an aftercare program 669 designed to support the recovery of an offender who has completed an alcohol or controlled 670 substance education, treatment or rehabilitation program operated by the department of 671 correction; and provided further, that the defendant may serve all or part of such 48 months 672 sentence, to the extent that resources are available, in a correctional facility specifically 673 designated by the department of correction for the incarceration and rehabilitation of drinking 674 drivers. 675 SECTION 34. Section 24D of said chapter 90, as so appearing, is hereby amended by 676 striking out, in lines 4 and in lines 17 and 18, the words “the vapors of glue” and inserting in 677 place thereof, in each instance, the following words:- while under the influence from smelling or 678 inhaling the fumes of any substance having the property of releasing toxic vapors as defined in 679 section 18 of chapter 270. 680 SECTION 35. Said section 24D of said chapter 90, as so appearing, is hereby further 681 amended by striking out, in lines 138 and 139, the words “grave and serious hardship to such 682 individual or to the family of such individual” and inserting in place thereof the following 683 words:- substantial financial hardship to the individual, the individual’s immediate family or the 684 individual’s dependents. 685 SECTION 36. Said section 24D of said chapter 90, as so appearing, is hereby further 686 amended by striking out, in lines 173 and 174, the words “grave and serious hardship to such 687 individual or to the family thereof” and inserting in place thereof the following words:- 688 substantial financial hardship to the individual, the individual’s immediate family or the 689 individual’s dependents. 690 SECTION 37. Said chapter 90 is hereby amended by striking out section 24G, as so 691 appearing, and inserting in place thereof the following section:- 692 Section 24G. (a) Whoever, upon any way or in any place to which the public has a right 693 of access, or upon any way or in any place to which members of the public have access as 694 invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their 695 blood of .08 or greater, or while under the influence of intoxicating liquor, or of marijuana, 696 narcotic drugs, depressants or stimulant substances, all as defined in section 1 of chapter 94C, or 697 from smelling or inhaling the fumes of any substance having the property of releasing toxic 698 vapors as defined in section 18 of chapter 270, and so operates a motor vehicle recklessly or 699 negligently so that the lives or safety of the public might be endangered, and by any such 700 operation so described causes the death of another person, shall be guilty of homicide by a motor 701 vehicle while under the influence of an intoxicating substance, and shall be punished by 702 imprisonment in the state prison for not less than 2½ years or more than 15 years and a fine of 703 not more than $5,000, or by imprisonment in a jail or house of correction for not less than 1 year 704 nor more than 2 ½ years and a fine of not more than $5,000. The sentence imposed upon such 705 person shall not be reduced to less than 1 year, nor suspended, nor shall any person convicted 706 under this subsection be eligible for probation, parole, or furlough or receive any deduction from 707 a sentence until such person has served at least 1 year of such sentence; provided, however, that 708 the commissioner of correction may, on the recommendation of the warden, superintendent or 709 other person in charge of a correctional institution or the administrator of a county correctional 710 institution grant to an offender committed under this subsection a temporary release in the 711 custody of an officer of such institution for the following purposes only: (i) to attend the funeral 712 of a relative; (ii) to visit a critically ill relative; (iii) to obtain emergency medical or psychiatric 713 services unavailable at said institution; or (iv) to engage in employment pursuant to a work 714 release program. Prosecutions commenced under this section shall neither be continued without 715 a finding nor placed on file. Section 87 of chapter 276 shall not apply to any person charged 716 with a violation of this subsection. 717 (b) Whoever, upon any way or in any place to which the public has a right of access or 718 upon any way or in any place to which members of the public have access as invitees or 719 licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of .08 720 or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, 721 depressants or stimulant substances, all as defined in section 1 of chapter 94C, or from smelling 722 or inhaling the fumes of any substance having the property of releasing toxic vapors as defined in 723 section 18 of chapter 270, or whoever operates a motor vehicle negligently so that the lives or 724 safety of the public might be endangered and by any such operation causes the death of another 725 person, shall be guilty of homicide by a motor vehicle and shall be punished by imprisonment in 726 a jail or house of correction for not less than 30 days nor more than 2½ years, or by a fine of not 727 less than $300 nor more than $3,000 dollars, or both. 728 (c) Whoever, upon any way or in any place to which the public has a right of access or 729 upon any way or in any place to which members of the public have access as invitees or 730 licensees, operates a motor vehicle recklessly so that the lives or safety of the public might be 731 endangered and by any such operation causes the death of another person, shall be guilty of 732 reckless homicide by a motor vehicle and shall be punished by imprisonment in a jail or house of 733 correction for not more than 2½ years, or by imprisonment in the state prison for not more than 5 734 years, or by a fine of not more than $3,000 dollars, or by both such fine and imprisonment. For 735 the purpose of this section, a person operates recklessly when that person consciously disregards 736 a substantial and unjustifiable risk that the lives or safety of the public might be endangered. 737 (d) When a motor vehicle is the instrument of the offense, the registrar shall revoke the 738 license or right to operate of a person convicted of a violation of subsection (a), (b) or (c), or 739 punished under section 13 of chapter 265, for a period of 10 years after the date of conviction for 740 a first offense. The registrar shall revoke the license or right to operate of a person convicted for 741 a subsequent violation of this section for the life of such person. No appeal, motion for a new 742 trial or exceptions shall operate to stay the revocation of the license or of the right to operate; 743 provided, however, such license shall be restored or such right to operate shall be reinstated if the 744 prosecution of such person ultimately terminates in favor of the defendant. 745 SECTION 38. Section 24L of said chapter 90, as so appearing, is hereby amended by 746 striking out, in lines 8 and 43, the words “vapors of glue” and inserting in place thereof, in each 747 instance, the following words:- while under the influence from smelling or inhaling the fumes of 748 any substance having the property of releasing toxic vapors as defined in section 18 of chapter 749 270. 750 SECTION 39. Section 24W of said chapter 90, as so appearing, is hereby amended by 751 inserting after the words “ways and means”, in line 85, the following words:- and the clerks of 752 the senate and the house of representatives. 753 SECTION 40. Section 8 of chapter 90B of the General Laws, as so appearing, is hereby 754 amended by striking out, in lines 6 and 508, the words “the vapors of glue” and inserting in place 755 thereof, in each instance, the following words:- from smelling or inhaling the fumes of any 756 substance having the property of releasing toxic vapors as defined in section 18 of chapter 270. 757 SECTION 41. Section 8A of said chapter 90B, as so appearing, is hereby amended by 758 striking out, in lines 5 and 6, the words “the vapors of glue” and inserting in place thereof the 759 following words:- from smelling or inhaling the fumes of any substance having the property of 760 releasing toxic vapors as defined in section 18 of chapter 270. 761 SECTION 42. Said section 8A of said chapter 90B, as so appearing, is hereby further 762 amended by striking out, in line 36, the words “vapors of glue” and inserting in place thereof the 763 following words:- from smelling or inhaling the fumes of any substance having the property of 764 releasing toxic vapors as defined in section 18 of chapter 270. 765 SECTION 43. Section 8B of said chapter 90B, as so appearing, is hereby amended by 766 striking out, in lines 5 and 6 and 38 and 39, the words “the vapors of glue” and inserting in place 767 thereof, in each instance, the following words:- from smelling or inhaling the fumes of any 768 substance having the property of releasing toxic vapors as defined in section 18 of chapter 270. 769 SECTION 44. Section 26A of said chapter 90B, as so appearing, is hereby amended by 770 striking out, in line 8 and 17, the words “the vapors of glue” and inserting in place thereof, in 771 each instance, the following words:- from smelling or inhaling the fumes of any substance 772 having the property of releasing toxic vapors as defined in section 18 of chapter 270. 773 SECTION 45. Class A of section 31 of chapter 94C of the General Laws, as so 774 appearing, is hereby amended by adding the following paragraph:- 775 (d) Unless specifically excepted or unless listed in another schedule, any material, 776 compound, mixture or preparation that contains any quantity of the following substances 777 including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and 778 salts of isomers is possible within the specific chemical designations: 779 (1) Acetyl Fentanyl 780 (2) Carfentanil 781 (3) Fentanyl 782 (4) Cyclopropyl fentanyl 783 (5) Furanyl fentanyl 784 (6) 3-methylfentanyl 785 (7) 3,4-Dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide 786 (8) Any synthetic opioid controlled in Schedule I of 21 C.F.R. 1308.11 or Schedule II of 787 21 C.F.R. 1308.12, unless specifically excepted or unless listed in another class in this section. 788 SECTION 46. Subsection (b) of Class B of said section 31 of said chapter 94C, as so 789 appearing, is hereby amended by striking out clauses (1) to (21), inclusive, and inserting in place 790 thereof the following 20 clauses:- 791 (1) Alphaprodine 792 (2) Anileridine 793 (3) Bezitramide 794 (4) Dihydrocodeine 795 (5) Diphenoxylate 796 (6) Isomethadone 797 (7) Levomethorphan 798 (8) Levorphanol 799 (9) Metazocine 800 (10) Methadone 801 (11) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane 802 (12) Moramide-Intermediate, 2-methyl-3 morpholine-1, 1-diphenyl-propane carboxylic 803 acid 804 (13) Pethidine 805 (14) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine 806 (15) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate 807 (16) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid 808 (17) Phenazocine 809 (18) Piminodine 810 (19) Racemethorphan 811 (20) Racemorphan 812 SECTION 47. Said chapter 94C is hereby further amended by striking out sections 32A 813 and 32B, as so appearing, and inserting in place thereof the following 2 sections:- 814 Section 32A. (a) Any person who knowingly or intentionally manufactures, distributes, 815 dispenses or possesses with intent to manufacture, distribute or dispense a controlled substance 816 in Class B of section 31 shall be punished by imprisonment in the state prison for not more than 817 10 years, or in a jail or house of correction for not more than 21/2 years, or by a fine of not less 818 than $1,000 nor more than $10,000, or both such fine and imprisonment. 819 (b) Any person convicted of violating this section after 1 or more prior convictions of 820 manufacturing, distributing, dispensing or possessing with the intent to manufacture, distribute or 821 dispense a controlled substance as defined by section 31 under this or any other prior law of this 822 jurisdiction or of any offense of any other jurisdiction, federal, state or territorial, which is the 823 same as or necessarily includes the elements of said offense shall be punished by a term of 824 imprisonment in the state prison for not more than 10 years, by a term of imprisonment in the 825 state prison for not more than 10 years and by a fine of not less than $2,500 and not more than 826 $25,000, or by a fine of not more than $25,000. 827 (c) Any person who knowingly or intentionally manufactures, distributes, dispenses or 828 possesses with intent to manufacture, distribute or dispense phencyclidine or a controlled 829 substance defined in clause (4) of paragraph (a) or in clause (2) of paragraph (c) of Class B of 830 section 31 shall be punished by a term of imprisonment in the state prison for not more than 10 831 years, a term of imprisonment in the state prison for not more than 10 years and a fine of not less 832 than $1,000 and not more than $10,000, by imprisonment in a jail or house of correction for not 833 more than 21/2 years, by imprisonment in a jail or house of correction for not more than 21/2 834 years and a fine of not less than $1,000 and not more than $10,000, or by a fine of not more than 835 $10,000. 836 (d) Any person convicted of violating the provisions of subsection (c) after 1 or more 837 prior convictions of manufacturing, distributing, dispensing or possessing with the intent to 838 manufacture, distribute, or dispense a controlled substance, as defined in section 31 or of any 839 offense of any other jurisdiction, either federal, state or territorial, which is the same as or 840 necessarily includes, the elements of said offense, shall be punished by a term of imprisonment 841 in the state prison for not more than 15 years, a term of imprisonment in the state prison for not 842 more than 15 years and a fine of not less than $2,500 nor more than $25,000 or a fine of not 843 more than $25,000. 844 Section 32B. (a) Any person who knowingly or intentionally manufactures, distributes, 845 dispenses or possesses with intent to manufacture, distribute, or dispense a controlled substance 846 in Class C of section 31 shall be imprisoned in state prison for not more than 5 years or in a jail 847 or house of correction for not more than 21/2 years, or by a fine of not less than $500 nor more 848 than $5,000, or both such fine and imprisonment. 849 (b) Any person convicted of violating this section after 1 or more prior convictions of 850 manufacturing, distributing, dispensing or possessing with the intent to manufacture, distribute or 851 dispense a controlled substance as defined by section 31 under this or any prior law of this 852 jurisdiction or of any offense of any other jurisdiction, federal, state or territorial, which is the 853 same as or necessarily includes the elements of said offense shall be punished by a term of 854 imprisonment in the state prison for not more than 10 years, a term of imprisonment in the state 855 prison for not more than 10 years and a fine of not less than $1,000 nor more than $10,000, a 856 term of imprisonment in a jail or house of correction for not more than 21/2 years, a term of 857 imprisonment in a jail or house of correction for not more than 21/2 years and a fine of not less 858 than $1,000 nor more than $10,000, or a fine of not more than $10,000. 859 SECTION 48. Section 32C of said chapter 94C, as so appearing, is hereby amended by 860 striking out, in lines 15 and 16, the words “less than one nor”. 861 SECTION 49. Section 32E of said chapter 94C, as so appearing, is hereby amended by 862 inserting after the words “heroin or any salt thereof” in lines 80, 85, 87 and 89, in each instance, 863 the words:- , a controlled substance defined in paragraph (d) of Class A of section 31. 864 SECTION 50. Said section 32E of said chapter 94C, as so appearing, is hereby further 865 amended by striking out subsection (c½) and inserting in place thereof the following subsection:- 866 (c½) Any person who trafficks in fentanyl or any derivative of fentanyl by knowingly or 867 intentionally manufacturing, distributing, dispensing or possessing with intent to manufacture, 868 distribute or dispense or by bringing into the commonwealth a net weight of 10 grams or more of 869 fentanyl or any derivative of fentanyl, or a net weight of 10 grams or more of any mixture 870 containing fentanyl or any derivative of fentanyl, shall be punished by a term of imprisonment in 871 state prison for not less than 3 and one-half nor more than 20 years. No sentence imposed under 872 the provisions of this subsection shall be for less than a mandatory minimum term of 873 imprisonment of 3 and one-half years. 874 SECTION 51. Said section 32E of said chapter 94C, as so appearing, is hereby further 875 amended by inserting after subsection (c½) the following subsection:- 876 (c¾) Any person who trafficks in carfentanil, including without limitation, any 877 derivative of carfentanil by knowingly or intentionally manufacturing, distributing, dispensing or 878 possessing with intent to manufacture, distribute or dispense or by bringing into the 879 commonwealth carfentanil or any derivative of carfentanil, any mixture containing carfentanil or 880 a derivative of carfentanil; provided, that such person had specific knowledge that such mixture 881 contained carfentanil or any derivative of carfentanil shall be punished by a term of 882 imprisonment in state prison for not less than 3 and one-half nor more than 20 years. No 883 sentence imposed pursuant to this subsection shall be for less than a mandatory minimum term of 884 imprisonment of 3 and one-half years. 885 SECTION 52. Section 32H of said chapter 94C, as appearing in the 2016 Official 886 Edition, is hereby amended by striking out, in line 6, the words “any provision of said sections” 887 and inserting in place thereof the following words:- paragraph (b) of section 32 or sections 32E, 888 32F or 32J. 889 SECTION 53. Said section 32H of said chapter 94C, as so appearing, is hereby further 890 amended by striking out, in line 11, the words “said sections” and inserting in place therof the 891 following words:- paragraph (b) of section 32 or sections 32E, 32F or 32J. 892 SECTION 54. Said section 32H of said chapter 94C, as so appearing, is hereby further 893 amended by striking out, in lines 17 and 18, the words “subsection (e) of section 32A, subsection 894 (c) of section 32B, subsection (d) of section 32E, or section 32J and inserting in place thereof the 895 following words:- or subsection (d) of section 32E. 896 SECTION 55. Section 32I of said chapter 94C, as so appearing, is hereby amended by 897 striking out, in line 10, the words “less than one nor”. 898 SECTION 56. Said section 32I of said chapter 94C, as so appearing, is hereby further 899 amended by striking out, in line 11, the words “less than five hundred nor”. 900 SECTION 57. Said chapter 94C is hereby amended by striking section 32J, as so 901 appearing, and inserting in place thereof the following section:- 902 Section 32J. Any person who violates the provisions of section 32, 32A, 32B, 32C, 32D, 903 32E, 32F or 32I while in, on or within 300 feet of the real property comprising a public or private 904 accredited preschool, accredited headstart facility, elementary, vocational or secondary school if 905 the violation occurs between 5:00a.m. and midnight, whether or not in session, or within 100 feet 906 of a public park or playground and who during the commission of the offense: (i) used violence 907 or threats of violence or possessed a firearm, rifle, shotgun, machine gun or a weapon described 908 in paragraph (b) of section 10 of chapter 269, or induced another participant to do so during the 909 commission of the offense; or (ii) engaged in a course of conduct whereby the person directed 910 the activities of another person who committed any felony in violation of this chapter; or (iii) 911 committed or attempted to commit a violation of section 32F or section 32K shall be punished by 912 a term of imprisonment in the state prison for not less than 21/2 nor more than 15 years or by 913 imprisonment in a jail or house of correction for not less than 2 nor more than 21/2 years. No 914 sentence imposed pursuant to this section shall be for less than a mandatory minimum term of 915 imprisonment of 2 years. A fine of not less than $1,000 nor more than $10,000 may be imposed 916 but not in lieu of the mandatory minimum 2 year term of imprisonment as established herein. In 917 accordance with section 8A of chapter 279 such sentence shall begin from and after the 918 expiration of the sentence for violation of section 32, 32A, 32B, 32C, 32D, 32E, 32F or 32I. 919 Lack of knowledge of school boundaries shall not be a defense to any person who violates this 920 section. 921 SECTION 58. Section 34A of said chapter 94C, as so appearing, is hereby amended by 922 striking out, in lines 4 and 11, the words “sections 34 or 35” and inserting in place thereof, in 923 each instance, the following words:- section 34 or found in violation of a condition of probation 924 or pretrial release as determined by a court or a condition of parole, as determined by the parole 925 board. 926 SECTION 59. Said section 34A of said chapter 94C, as so appearing, is hereby further 927 amended by inserting after the word “substance”, in lines 5 and 12, in each instance, the 928 following words:- or violation. 929 SECTION 60. Section 35 of said chapter 94C is hereby repealed. 930 SECTION 61. Section 47 of said chapter 94C, as appearing in the 2016 Official Edition, 931 is hereby amended by adding the following subsection:- 932 (k)(1) The attorney general, each district attorney and each police department for which 933 the state treasurer has established a special law enforcement trust fund pursuant to subsection (d) 934 shall file an annual report with the treasurer regarding all assets, monies and proceeds from 935 assets seized pursuant to this section and held by such fund. The report shall provide itemized 936 accounting for all assets, monies and proceeds from assets within the following asset categories: 937 cash personal property conveyances; and real property, including any property disposed of by the 938 office of seized property management. The report shall be filed not later than January 31 for the 939 preceding calendar year and shall be a public record. 940 (2) The attorney general, each district attorney and each police department for which the 941 state treasurer has established a special law enforcement trust fund pursuant to subsection (d) 942 shall file an annual report with the treasurer regarding all expenditures therefrom, which shall 943 include, but not be limited to, the following expense categories: personnel contractors equipment 944 training private-public partnerships inter-agency collaborations; and community grants. The 945 report shall be filed not later than January 31 for the preceding calendar year and shall be a 946 public record. 947 (3) Annually, not later than March 15, the state treasurer shall file a report with the 948 executive office of administration and finance and the house and senate committees on ways and 949 means regarding the aggregate deposits, aggregate expenditures, and ending balances for each 950 special law enforcement trust fund during the preceding calendar year. The reports shall be a 951 public record. 952 SECTION 62. Section 1 of chapter 111E of the General Laws, as so appearing, is hereby 953 amended by striking out the definition of “Administrator” and inserting in place thereof the 954 following 2 definitions:- 955 “Addiction specialist”, a licensed physician who specializes in the practice of psychiatry 956 or addiction medicine, licensed psychologist, a licensed independent social worker, licensed 957 mental health counselor, licensed psychiatric clinical nurse specialist, licensed alcohol and drug 958 counselor I, as defined in section 1 of chapter 111J, or any other professional considered 959 qualified by the department to evaluate whether an individual is a drug dependent person. 960 “Administrator”, the person in charge of the operation of a facility or a penal facility, or 961 the person’s designee. 962 SECTION 63. Said section 1 of said chapter 111E, as so appearing, is hereby further 963 amended by striking out the definitions of “Independent psychiatrist” and “Independent 964 physician” and inserting in place thereof the following definition:- 965 “Independent addiction specialist”, an addiction specialist, except an addiction specialist 966 holding an office or appointment in a department, board or agency of the commonwealth or in a 967 public facility or penal facility. 968 SECTION 64. Section 10 of said chapter 111E, as so appearing, is hereby amended by 969 striking out, in lines 18 and 19, the words “a psychiatrist, or if it is, in the discretion of the court, 970 impracticable to do so, a physician,” and inserting in place thereof the following words:- an 971 addiction specialist. 972 SECTION 65. Said section 10 of said chapter 111E, as so appearing, is hereby further 973 amended by striking out, in lines 23, 25, 31, 35, 93 and 104 the words “psychiatrist or physician” 974 and inserting in place thereof, in each instance, the following words:- addiction specialist. 975 SECTION 66. Said section 10 of said chapter 111E, as so appearing, is hereby further 976 amended by striking out, in lines 98 and 99, the words “psychiatrist, or if it is impracticable to do 977 so, an independent physician” and inserting in place thereof the following words:- addiction 978 specialist. 979 SECTION 67. Said section 10 of said chapter 111E, as so appearing, is hereby further 980 amended by striking out, in lines 124 and 125, the words “psychiatrist, or, if none is available, an 981 independent physician” and inserting in place thereof the following words:- addiction specialist. 982 SECTION 68. Section 11 of said chapter 111E, as so appearing, is hereby amended by 983 striking out, in lines 4 and 5, the words “a psychiatrist, or, if, in the discretion of the court, it is 984 impracticable to do so, by a physician,” and inserting in place thereof the following words:- an 985 addiction specialist. 986 SECTION 69. Said section 11 of said chapter 111E, as so appearing, is hereby further 987 amended by striking out, in line 11, the words “physician or psychiatrist” and inserting in place 988 thereof, the following words:- addiction specialist. 989 SECTION 70. Said section 11 of said chapter 111E, as so appearing, is hereby further 990 amended by striking out, in lines 16 and 17 and in line 18, the words “psychiatrist or physician” 991 and inserting in place thereof, in each instance, the following words:- addiction specialist. 992 SECTION 71. Section 13A of said chapter 111E, as so appearing, is hereby amended by 993 striking out, in lines 9 and 12 the word “physician” and inserting in place thereof, in each 994 instance, the following words:- addiction specialist. 995 SECTION 72. Section 52 of chapter 119 of the General Laws, as so appearing, is hereby 996 amended by striking out the definition of “Delinquent child” and inserting in place thereof the 997 following definition:- 998 “Delinquent child”, a child between 12 and 18 years of age who commits any offense 999 against a law of the commonwealth; provided, however, that such offense shall not include a 1000 civil infraction, a violation of any municipal ordinance or town by-law or a first offense of a 1001 misdemeanor for which the punishment is a fine, imprisonment in a jail or house of correction 1002 for not more than 6 months or both such fine and imprisonment. 1003 SECTION 73. Section 54 of said chapter 119, as so appearing, is hereby amended by 1004 striking out, in line 2, the word “seven” and inserting in place thereof the following figure:- 12. 1005 SECTION 74. Said section 54 of said chapter 119, as so appearing, is hereby further 1006 amended by striking the second paragraph and inserting in place thereof the following 1007 paragraph:- 1008 An application for such complaint submitted to the juvenile court by a police department 1009 against a child arrested for a felony offense shall be accompanied by an offense-based tracking 1010 number. The failure to include the arrestee’s offense-based tracking number shall not preclude 1011 the issuance of a complaint where there is otherwise a valid application submitted by a police 1012 department against a child. If a complaint is issued based on an application for a complaint for a 1013 felony submitted by a police department against a child that did not include the child’s offense- 1014 based tracking number, the prosecutor shall submit the offense-based tracking number of the 1015 child to the court to be included in the case file. 1016 SECTION 75. Said chapter 119 is hereby further amended by inserting after section 54 1017 the following section:- 1018 Section 54A. (a) A juvenile court shall have jurisdiction to divert from further court 1019 processing a child who is subject to the jurisdiction of the juvenile court as the result of an 1020 application for complaint brought pursuant to section 54. The court may divert a child to a 1021 program as defined in section 1 of chapter 276A. 1022 (b) A child complained of as a delinquent child may, upon the request of the child, 1023 undergo an assessment prior to arraignment to enable the judge to consider the suitability of the 1024 child for diversion. If a child chooses to request a continuance for the purpose of such an 1025 assessment, the child shall notify the judge prior to arraignment. Upon receipt of such 1026 notification, the judge may grant a 14-day continuance. The department of probation may 1027 conduct such assessment prior to arraignment to assist the judge in making that decision. If the 1028 judge determines it is appropriate, a determination of eligibility by the personnel of a program 1029 may substitute for an assessment. If a case is continued pursuant to this subsection, the child 1030 shall not be arraigned and an entry shall not be made into the criminal offender record 1031 information system until a judge issues an order to resume the ordinary processing of a 1032 delinquency proceeding. A judge may order diversion without first ordering an assessment in 1033 any case in which the court finds that sufficient information is available without an assessment. 1034 (c)(1) After the completion of the assessment, the probation officer or, where applicable, 1035 the director of a program to which the child has been referred shall submit to the court and to the 1036 counsel for the child a recommendation as to whether the child would benefit from diversion. 1037 Upon receipt of the recommendation, the judge shall provide an opportunity for both the 1038 commonwealth and counsel for the child to be heard regarding diversion of the child. The judge 1039 shall then make a final determination as to the eligibility of the child for diversion. The 1040 proceedings of a child who is found eligible for diversion shall be stayed for 90 days unless the 1041 judge determines that the interest of justice would best be served by a lesser period of time or 1042 unless extended under subsection (f). 1043 (2) A stay of proceedings shall not be granted under this section unless the child consents 1044 in writing to the terms and conditions of the stay of proceedings and knowingly executes a 1045 waiver of the child’s right to a speedy trial on a form approved by the chief justice of the juvenile 1046 court department. Consent shall be given only upon the advice of counsel. 1047 (3) The following shall not be admissible against the child in any proceedings: (i) a 1048 request for assessment; (ii) a decision by the child not to enter a program; (iii) a determination by 1049 probation or by a program that the child would not benefit from diversion; and (iv) any statement 1050 made by the child or the child’s family during the course of assessment. Any consent by a child 1051 to a stay of proceedings or any act done or statement made in fulfillment of the terms and 1052 conditions of a stay of proceedings shall not be admissible as an admission, implied or otherwise, 1053 against the child if the stay of proceedings was terminated and proceedings were resumed on the 1054 original complaint. A statement or other disclosure or a record thereof made by a child during 1055 the course of assessment or during the stay of proceedings shall not be disclosed at any time to a 1056 commonwealth or other law enforcement officer in connection with the investigation or 1057 prosecution of any charges against the child or a codefendant. 1058 (4) If a child is found eligible for diversion pursuant to this section, the child shall not be 1059 arraigned and an entry shall not be made into the criminal offender record information system 1060 unless a judge issues an order to resume the ordinary processing of a delinquency proceeding. If 1061 a child is found eligible pursuant to this section, the eligibility shall not be considered an 1062 issuance of a criminal complaint for the purposes of section 37H½ of chapter 71. 1063 (d) A district attorney may divert any child for whom there is probable cause to issue a 1064 complaint, either before or after the assessment procedure set forth in subsection (b), with or 1065 without the permission of the court and without regard to the limitations in subsection (g). A 1066 district attorney who diverts a case pursuant to this subsection may request a report from a 1067 program regarding the child’s status in and completion of the program. 1068 (e) If during the stay of proceedings a child is charged with a subsequent offense, a judge 1069 in the court that entered the stay of proceedings may issue such process as is necessary to bring 1070 the child before the court. When the child is brought before the court, the judge shall afford the 1071 child an opportunity to be heard. If the judge finds probable cause to believe that the child has 1072 committed a subsequent offense, the judge may order that the stay of proceedings be terminated 1073 and that the commonwealth be permitted to proceed on the original complaint as provided by 1074 law. 1075 (f)(1) Upon the expiration of the initial 90-day stay of proceedings, the probation officer 1076 or the program director shall submit to the court a report indicating the successful completion of 1077 diversion by the child or recommending an extension of the stay of proceedings for not more 1078 than an additional 90 days so that the child may complete the diversion program successfully. 1079 (2) If the probation officer or the program director indicates the successful completion of 1080 diversion by a child, the judge may dismiss the original complaint pending against the child. If 1081 the report recommends an extension of the stay of proceedings, the judge may, on the basis of 1082 the report and any other relevant evidence, take such action as the judge deems appropriate, 1083 including the dismissal of the complaint, the granting of an extension of the stay of proceedings 1084 or the resumption of proceedings. 1085 (3) If the conditions of diversion have not been met, the child’s attorney shall be notified 1086 prior to the termination of the child from diversion and the judge may grant an extension to the 1087 stay of proceedings if the child provides good cause for failing to comply with the conditions of 1088 diversion. 1089 (4) If the judge dismisses a complaint under this subsection, the court shall, unless the 1090 child objects, enter an order directing expungement of any records of the complaint and related 1091 proceedings maintained by the clerk, the court, the department of criminal justice information 1092 services and the court activity record index. 1093 (g) A child otherwise eligible for diversion pursuant to this section shall not be eligible 1094 for diversion if the child is indicted as a youthful offender or if the child is charged with a 1095 violation of 1 or more of the offenses enumerated in the second sentence of section 70C of 1096 chapter 277, other than the offenses in subsection (a) of section 13A of chapter 265 and sections 1097 13A and 13C of chapter 268, or if the defendant is charged with an offense for which a penalty 1098 of incarceration greater than five years may be imposed or for which there is minimum term 1099 penalty of incarceration or which may not be continued without a finding or placed on file, this 1100 chapter shall not apply to that defendant. Diversion of juvenile court charges under this chapter 1101 shall not preclude a subsequent indictment on the same charges in superior court. 1102 SECTION 76. Said chapter 119 is hereby amended by striking out section 67, as so 1103 appearing, and inserting in place thereof the following section:- 1104 Section 67. (a) Whenever a child between 12 and 18 years of age is arrested with or 1105 without a warrant, as provided by law, and the court or courts having jurisdiction over the 1106 offense are not in session, the officer in charge shall immediately notify at least 1 of the child’s 1107 parents, or, if there is no parent, the guardian or custodian with whom the child resides or if the 1108 child is in the custody and care of the department, the department of children and families. 1109 Pending such notice, such child shall be detained pursuant to subsection (c). 1110 (b) Upon the acceptance by the officer in charge of the police station or town lockup of 1111 the written promise of the parent, guardian, custodian or representative of the department of 1112 children and families to be responsible for the presence of the child in court at the time and place 1113 when the child is ordered to appear, the child shall be released to the person giving such promise; 1114 provided, however, that if the arresting officer requests in writing that a child between 14 and 18 1115 years of age be detained, and if the court issuing a warrant for the arrest of a child between 14 1116 and 18 years of age directs in the warrant that the child shall be held in safekeeping pending the 1117 child’s appearance in court, the child shall be detained in a police station, town lockup, a place of 1118 temporary custody commonly referred to as a detention home of the department of youth 1119 services or any other home approved by the department of youth services pending the child’s 1120 appearance in court; provided further, that in the event any child is so detained, the officer in 1121 charge of the police station or town lockup shall notify the parents, guardian, custodian or 1122 representative of the department of children and families of the detention of the child. Nothing 1123 contained in this section shall prevent the admitting of such child to bail in accordance with law. 1124 (c) No child between 14 and 18 years of age shall be detained in a police station or town 1125 lockup pursuant to subsections (a) or (b) unless the detention facilities for children at the police 1126 station or town lockup have received the approval in writing of the commissioner of youth 1127 services. The department of youth services shall make inspection at least annually of police 1128 stations and town lockups where children are detained. If no approved detention facility exists in 1129 a city or town, the city or town may contract with an adjacent city or town for the use of 1130 approved detention facilities to prevent children who are detained from coming in contact with 1131 adult prisoners. A separate and distinct place shall be provided in police stations, town lockups 1132 or places of detention for such children. Nothing in this section shall permit a child between 14 1133 and 18 years of age to be detained in a jail or house of correction. 1134 (d) When a child is arrested who is in the care and custody of the department of children 1135 and families, the officer in charge of the police station or town lockup where the child has been 1136 taken shall immediately contact the department’s emergency hotline and notify the on-call 1137 worker of the child’s arrest. The on-call worker shall notify the social worker assigned to the 1138 child’s case who shall make arrangement for the child’s release as soon as practicable if it has 1139 been determined that the child will not be detained. 1140 SECTION 77. Section 68 of said chapter 119, as so appearing, is hereby amended by 1141 striking out, in lines 1 and 34, the word “seven” and inserting in place thereof, in each instance, 1142 the following figure:- 12. 1143 SECTION 78. Section 68A of said chapter 119, as so appearing, is hereby amended by 1144 striking out, in line 1, the word “seven” and inserting in place thereof the following figure:- 12. 1145 SECTION 79. Section 84 of said chapter 119, as so appearing, is hereby amended by 1146 striking out, in line 12, the word “seven” and inserting in place thereof the following figure:- 12. 1147 SECTION 80. Said chapter 119 is hereby further amended by adding the following 4 1148 sections:- 1149 Section 86. (a) For the purposes of this section, the following words shall have the 1150 following meanings unless the context clearly requires otherwise: 1151 “Juvenile”, (1) a person appearing before a division of the juvenile court department who 1152 is (i) subject to a delinquency proceeding, (ii) a child requiring assistance or (iii) a child in a care 1153 and protection proceeding or (2) a person under the age of 21 in a youthful offender proceeding. 1154 “Restraints”, a device that limits voluntary physical movement of an individual, including 1155 leg irons and shackles, which have been approved by the trial court department. 1156 (b) A juvenile shall not be placed in restraints during court proceedings and any restraints 1157 shall be removed prior to the appearance of a juvenile before the court at any stage of a 1158 proceeding unless the justice presiding in the courtroom issues an order and makes specific 1159 findings on the record that: (i) restraints are necessary because there is reason to believe that a 1160 juvenile presents an immediate and credible risk of escape that cannot be curtailed by other 1161 means; (ii) a juvenile poses a threat to the juvenile’s own safety or to the safety of others; or (iii) 1162 restraints are reasonably necessary to maintain order in the courtroom. 1163 (c) The court officer charged with custody of a juvenile shall report any security concern 1164 to the presiding justice. On the issue of courtroom or courthouse security, the presiding justice 1165 may receive information from the court officer charged with custody of a juvenile, a probation 1166 officer or any other source determined by the court to be credible. 1167 The authority to use restraints shall reside solely within the discretion of the presiding 1168 justice at the time that a juvenile appears before the court. A juvenile court justice shall not 1169 impose a blanket policy to maintain restraints on all juveniles or a specific category of juveniles 1170 who appear before the court. 1171 Section 87. (a) The department of youth services and the department of correction shall 1172 not place in a secure detention facility or secure correctional facility any juvenile who has: (1) 1173 been charged with or who has committed an offense that would not be criminal if committed by 1174 an adult, except juveniles who are held in accordance with the interstate compact on juveniles as 1175 enacted by the commonwealth; (2) not been charged with any offense; or (3) been alleged to be 1176 dependent on the court, neglected or abused. 1177 (b) The department of youth services and the department of correction shall not detain or 1178 confine any juvenile identified subsection (a) or any juvenile alleged to be or found to be 1179 delinquent in any institution in which they have contact with adult inmates; and shall require that 1180 individuals employed by the department of youth services or the department of corrections who 1181 work with both juveniles and adult inmates be trained and certified to work with juveniles by the 1182 department of youth services. 1183 The department of youth services and the department of correction shall promulgate 1184 regulations and policies for the implementation, administration and enforcement of this section 1185 and maintain adequate records to ensure compliance with this section. 1186 Section 88. A child against whom a complaint is brought pursuant to this chapter may 1187 participate in a community-based restorative justice program pursuant to chapter 276B. 1188 Section 89. (a) As used in this section the following words shall, unless the context 1189 clearly requires otherwise, have the following meanings:-: 1190 “Alternative lock-up program”, a facility or program that provides for the physical care 1191 and custody of a juvenile being held by a criminal justice agency after an arrest and before an 1192 arraignment, and shall include a program provided by the police or municipal, county or state 1193 government, as well as any contractor, vendor or service-provider working with such agencies. 1194 “Child advocate”, the child advocate appointed pursuant to section 3 of chapter 18C. 1195 “Contact”, any action or decision by criminal justice agencies or by any other official of 1196 the commonwealth or private service provider under contract or other agreement with the 1197 commonwealth, involving a juvenile at any stage of the juvenile justice system which causes 1198 such juvenile to enter or exit the juvenile justice system or which will change the custodial 1199 status, liberty, case processing or status of the juvenile within the juvenile justice system. 1200 “Criminal justice agencies”, agencies at all levels of government which perform as their 1201 principal function, activities relating to: (a) crime prevention, including research or the 1202 sponsorship of research; (b) the apprehension, prosecution, adjudication, incarceration or 1203 rehabilitation of criminal offenders; or (c) the collection, storage, dissemination or usage of 1204 criminal offender record information. 1205 “Juvenile”, a child under the age of 18; provided, however, that the term juvenile shall 1206 include a person under the age of 22 if the person remains within the jurisdiction of the juvenile 1207 court or juvenile justice system and a child between the ages of 14 to 18, inclusive, who is 1208 charged with first or second degree murder pursuant to section 74. 1209 “Office”, the office of the child advocate. 1210 “Racial or ethnic category”, the socio-cultural racial and ethnic category of an individual 1211 as categorized in a manner that is consistent with the categories established and utilized by the 1212 federal Office of Juvenile Justice and Delinquency Prevention. 1213 “Type of crime”, the category of crime consistent with the categories established and 1214 utilized by the National Incident-Based Reporting System. 1215 (b)There shall be a juvenile justice policy and data board, referred to in this section as the 1216 board. The board shall evaluate policies and procedures related to the juvenile justice system, 1217 examine the feasibility of the child advocate collecting and disseminating data regarding juvenile 1218 contact with criminal justice agencies and study the implementation of any statutory changes to 1219 the juvenile justice system. 1220 The board shall consist of 21 members, 1 of whom shall be a member of the house of 1221 representatives appointed by the speaker of the house of representatives; 1 member of the house 1222 of representatives to be appointed by the minority leader of the house; 1 of whom shall be a 1223 member of the senate appointed by the president of the senate; 1 member of the senate to be 1224 appointed by the senate minority leader; 1 of whom shall be the child advocate; 1 of whom shall 1225 be the chief justice of the juvenile court or a designee; 1 of whom shall be the commissioner of 1226 probation or a designee; 1 of whom shall be the commissioner of youth services or a designee; 1 1227 of whom shall be the commissioner of children and families or a designee; 1 of whom shall be 1228 the commissioner of mental health or a designee; 1 of whom shall be the commissioner of public 1229 health or a designee; 1 of whom shall be the secretary of education or a designee; 1 of whom 1230 shall be the chief counsel of the committee for public counsel services or a designee; 1 of whom 1231 shall be the president of the Massachusetts District Attorneys Association or a designee; 1 of 1232 whom shall be the chair of the Massachusetts juvenile justice advisory committee or a designee; 1233 and 6 of whom shall be appointed by the governor, provided that: 1 of whom shall be from a list 1234 provided by Citizens for Juvenile Justice, Inc., 1 of whom shall be from a list provided by the 1235 Children’s League of Massachusetts, Inc., 1 of whom shall be from a list provided by the 1236 Massachusetts Chiefs of Police Association Incorporated, 2 of whom shall be parents whose 1237 children have been subject to juvenile court jurisdiction and 1 of whom shall have experience or 1238 expertise related to the design and implementation of state administrative data systems. 1239 Members of the board shall serve without compensation. The child advocate shall serve as chair 1240 of the board. 1241 The board shall analyze and make a recommendation on the feasibility of the child 1242 advocate creating and annually updating an instrument to record aggregate statistical data for 1243 every contact a juvenile has with: (i) criminal justice agencies; (ii) any contractor, vendor or 1244 service-provider working with said agencies; and (iii) any alternative lock-up programs. The data 1245 to be recorded on the instrument shall include, without limitation, age, gender, racial or ethnic 1246 category and type of crime. The recommendation shall include a study of the feasibility of all 1247 offices and departments subject to this section using the instrument to record a juvenile’s contact. 1248 The board shall determine the best practices for departments to submit data to the child advocate. 1249 The board shall submit its findings and recommendations relative to data collection by 1250 the child advocate by June 30, 2019 to the clerks of the house and the senate, who shall forward 1251 the report to the chairs of the house committee on ways and means, the senate committee on 1252 ways and means, and the joint committee on the judiciary. 1253 The board shall annually report to the governor, the house and senate chairs of the joint 1254 committee on the judiciary, the house and senate chairs of the joint committee on public safety 1255 and homeland security and the chief justice of the trial court regarding the following: 1256 (1) any statutory changes concerning the juvenile justice system that the board 1257 recommends to: (i) improve public safety, (ii) promote the best interests of children and young 1258 adults who are under the jurisdiction, supervision, care or custody of the juvenile court, the 1259 commissioner of youth services or the commissioner of children and families; (iii) improve 1260 transparency and accountability with respect to state-funded services for children and young 1261 adults in the juvenile justice system with an emphasis on goals identified by the committee for 1262 community-based programs and facility-based interventions; (iv) promote the efficient sharing of 1263 information between the executive branch and the judicial branch to ensure the regular collection 1264 and reporting of recidivism data; and (v) promote public welfare and public safety outcomes 1265 related to the juvenile justice system; 1266 (2) an analysis of the capacities and limitations of the data systems and networks used to 1267 collect and report state and local juvenile caseload and outcome data. The analysis shall include, 1268 without limitation, the following: (i) a review of the relevant data systems, studies and models 1269 from the commonwealth and other states; (ii) identification of changes or upgrades to current 1270 data collection processes to remove inefficiencies, track and monitor state agency and court- 1271 involved juveniles and facilitate the coordination of information sharing between relevant 1272 agencies and the courts including without limitation, data that is required to be reported under 1273 federal law or for purposes of securing federal funding; (iii) the identification and evaluation of 1274 any gender, racial and ethnic disparities within the juvenile justice system and recommendations 1275 regarding ways to reduce such disparities; (iv) recommendations for the creation of a web-based 1276 statewide information center to make relevant juvenile justice information on operations, 1277 caseloads, dispositions and outcomes available in a user-friendly, query-based format for 1278 stakeholders and members of the public, including a feasibility assessment of implementing such 1279 system; (v) a plan for improving the current juvenile justice reporting requirements, including 1280 streamlining and consolidating current requirements without impacting data collection and 1281 including a detailed analysis of the information technology and other resources necessary to 1282 implement improved data collection; (vi) any other matters which the board determines may 1283 improve the collection and interagency coordination of juvenile justice data; 1284 (3) the impact of any statutory change that expands or alters the jurisdiction or 1285 functioning of the juvenile court, as measured by the following: (i) any change in the average age 1286 of children and young adults involved in the juvenile justice system; (ii) the types of services 1287 used by designated age groups and the outcomes of those services; (iii) the types of delinquent 1288 acts or criminal offenses that children and young adults have been charged with since the 1289 enactment and implementation of such statutory change; (iv) the gaps in services identified by 1290 the committee with respect to children and young adults involved in the juvenile justice system, 1291 including, but not limited to, young adults who have attained the age of 18 after being involved 1292 in the juvenile justice system, and recommendations to address such gaps in services; and (v) the 1293 strengths and barriers identified by the board that support or impede the educational needs of 1294 children and young adults in the juvenile justice system, with specific recommendations for 1295 reforms; 1296 (4) the quality and accessibility of diversion programs available to juveniles; 1297 (5) an assessment of the system of community-based services for children and juveniles 1298 who are under the supervision, care or custody of the department of youth services or the 1299 juvenile court; 1300 (6) an assessment of the number of juveniles who, after being or while under the 1301 supervision or custody of the department of children and families, are adjudicated delinquent or 1302 as a youthful offender; and 1303 (7) an assessment of the overlap between the juvenile justice system and the mental 1304 health care system for children. 1305 The board shall establish a timeframe for review and reporting regarding the 1306 responsibilities outlined in this section. Each report submitted by the board shall include specific 1307 recommendations to improve outcomes and a timeline by which specific tasks or outcomes shall 1308 be achieved. 1309 SECTION 81. Section 16 of chapter 119A of the General Laws, as appearing in the 2016 1310 Official Edition, is hereby amended by inserting after the word “obligor”, in line 44, the 1311 following words:- ; provided, however, that the IV-D agency has no evidence of the obligor 1312 residing at an address other than the address last known by the IV-D agency. 1313 SECTION 82. Chapter 120 of the General Laws is hereby amended by inserting after 1314 section 10 the following section:- 1315 Section 10B. A person detained by and committed to the department of youth services 1316 shall not be placed in involuntary room confinement as a punishment, harassment or 1317 consequence for noncompliance or in retaliation for any conduct. 1318 SECTION 83. Section 1 of chapter 125 of General Laws, as appearing in the 2016, is 1319 hereby amended by striking out, in lines 37 and 38, the words “Massachusetts Correctional 1320 Institution, Cedar Junction” and inserting in place thereof the following words:- any prison 1321 owned, operated, administered or subject to the control of the department of correction including, 1322 but not limited to: Massachusetts Correctional Institution, Cedar Junction; Massachusetts 1323 Correctional Institution, Norfolk; Massachusetts Correctional Institution, Concord; 1324 Massachusetts Correctional Institution, Framingham; Massachusetts Correctional Institution, 1325 Bridgewater; Massachusetts Correctional Institution, Plymouth; Massachusetts Correctional 1326 Institution, Warwick; and Massachusetts Correctional Institution, Monroe. 1327 SECTION 84. Chapter 126 of the General Laws is hereby amended by adding the 1328 following section:- 1329 Section 40. The sheriff shall record, without limitation, the following data for each person 1330 committed to a jail or house of correction: (i) probation central file number; (ii) fingerprint-based 1331 state identification number, if available; (iii) race and ethnicity; (iv) offense-based tracking 1332 number; (v) type of release; (vi) type of admission; (vii) length of sentence; (viii) jail credit from 1333 pretrial incarceration; (ix) earned time; (x) program participation and outcome during 1334 incarceration; (xi) case disposition; and (xii) bail amount or reason if no bail set. 1335 Aggregate data on the population of each jail and house of correction shall be assembled 1336 into a quarterly report with the reported data covering the entire quarterly period. The reports 1337 prepared by the sheriff shall contain no identifying information relating to an individual inmate 1338 or detainee. 1339 Each quarter the sheriff shall deliver the report from each jail and house of correction to 1340 the secretary of public safety and security, the house and senate chairs of the joint committee on 1341 the judiciary, the house and senate chairs of the joint committee on public safety and homeland 1342 security and the clerks of the house of representatives and the senate. 1343 SECTION 85. Section 1 of chapter 127 of the General Laws, as appearing in the 2016 1344 Official Edition, is hereby amended by inserting after the definition of “Commissioner” the 1345 following 2 definitions: 1346 “Disciplinary restrictive housing”, a placement in restrictive housing in a state 1347 correctional facility for disciplinary purposes after a finding has been made that the prisoner has 1348 committed a breach of discipline. 1349 “Exigent circumstances”, circumstances that create an unacceptable risk to the safety of 1350 any person. 1351 SECTION 86. Said section 1 of said chapter 127, as so appearing, is hereby further 1352 amended by inserting after the definition of “Parole board” the following definition:- 1353 “Placement review”, a multidisciplinary examination to determine whether, restrictive 1354 housing continues to be necessary to reasonably manage risks of harm, notwithstanding any 1355 previous finding of a disciplinary breach, exigent circumstances or other circumstances 1356 supporting a placement in restrictive housing. When a placement review is conducted pursuant to 1357 clause (iv) or (v) of subsection (a) of section 39B, the examiners performing a placement review 1358 shall include, but not be limited to, 1 member of the security staff, 1 member of the programming 1359 staff and 1 member of the mental health staff. 1360 “Serious mental illness”, a current or recent diagnosis by a qualified mental health 1361 professional of 1 or more of the following disorders described in the most recent edition of the 1362 Diagnostic and Statistical Manual of Mental Disorders: (i) schizophrenia and other psychotic 1363 disorders; (ii) major depressive disorders; (iii) all types of bipolar disorders; (iv) a 1364 neurodevelopmental disorder, dementia or other cognitive disorder; (v) any disorder commonly 1365 characterized by breaks with reality or perceptions of reality; (vi) all types of anxiety disorders; 1366 (vii) trauma and stressor related disorders; or (viii) severe personality disorders; or a finding by a 1367 qualified mental health professional that the prisoner is at serious risk of substantially 1368 deteriorating mentally or emotionally while confined in restrictive housing, or already has so 1369 deteriorated while confined in restrictive housing, such that diversion or removal is deemed to be 1370 clinically appropriate by a qualified mental health professional. 1371 SECTION 87. Said section 1 of said chapter 127, as so appearing, is hereby further 1372 amended by inserting after the definition of “Residential treatment unit” the following 1373 definition:- 1374 “Restrictive Housing”, a housing placement where a prisoner is confined to a cell for 1375 more than 22 hours per day; provided, however, that observation for mental health evaluation 1376 shall not be considered restrictive housing. 1377 SECTION 88. Section 4 of said chapter 127 is hereby repealed. 1378 SECTION 89. Section 16 of said chapter 127, as so appearing, is hereby amended by 1379 adding the following paragraph:- 1380 The superintendents of correctional institutions and the keepers and superintendents of 1381 jails and houses of correction shall cause an examination for substance use disorder to be made 1382 by a qualified addiction specialist of each inmate in their respective institutions committed for a 1383 term of 30 days’ imprisonment or more. 1384 SECTION 90. Section 23 of said chapter 127, as so appearing, is hereby amended by 1385 inserting after the word “weight”, in line 4, the following words:- , probation central file number, 1386 offense-based tracking number, fingerprint-based state identification number. 1387 SECTION 91. Said chapter 127 is hereby further amended by inserting after section 32 1388 the following section:- 1389 Section 32A. A prisoner of a correctional institution, jail or house of correction that has a 1390 gender identity, as defined in section 7 of chapter 4, that differs from the prisoner’s sex assigned 1391 at birth, with or without a diagnosis of gender dysphoria or any other physical or mental health 1392 diagnosis, shall be: (i) addressed in a manner consistent with the prisoner’s gender identity; (ii) 1393 provided with access to commissary items, clothing, programming, educational materials and 1394 personal property that is consistent with the prisoner’s gender identity; (iii) searched by an 1395 officer of the same gender identity if the search requires an inmate to remove all clothing or 1396 includes a visual inspection of the anal cavity or genitals; provided, however, that the officer’s 1397 gender identity shall be consistent with the prisoner’s request; and provided further, that such 1398 search shall not be conducted for the sole purpose of determining genital status; and (iv) housed 1399 in a correctional facility with inmates with the same gender identity; provided, that the placement 1400 shall be consistent with the prisoner’s request, unless the commissioner, the sheriff or a designee 1401 of the commissioner or sheriff certifies in writing that the particular placement would not ensure 1402 the prisoner’s health or safety or that the placement would present management or security 1403 problems. 1404 SECTION 92. Said chapter 127 is hereby further amended by inserting after section 36B 1405 the following section:- 1406 Section 36C. A correctional institution, jail or house of correction shall not: (i) prohibit, 1407 eliminate or unreasonably limit in-person visitation of inmates; or (ii) coerce, compel or 1408 otherwise pressure an inmate to forego or limit in-person visitation. For the purposes of this 1409 section, to unreasonably limit in-person visitation of inmates shall include, but not be limited to, 1410 providing an eligible inmate fewer than 2 opportunities for in-person visitation during any 7-day 1411 period. 1412 A correctional institution, jail or house of correction may use video or other types of 1413 electronic devices for inmate communication with visitors; provided, that such communications 1414 shall be in addition to and shall not replace in-person visitation, as prescribed in this section. 1415 Nothing in this section shall prohibit the temporary suspension of visitation privileges for 1416 good cause including, but not limited to, misbehavior or during a bonafide emergency. 1417 SECTION 93. Said chapter 127 is hereby further amended by striking out sections 39 and 1418 39A, as appearing in the 2016 Official Edition, and inserting in place thereof the following 9 1419 sections:- 1420 Section 39. (a) Subject to the limits of this section and section 39A, the superintendent of 1421 a state correctional facility or the administrator of a county correctional facility may authorize 1422 the confinement of a prisoner in a restrictive housing unit to discipline the prisoner or if the 1423 prisoner’s retention in general population poses an unacceptable risk: (i) to the safety of others; 1424 (ii) of damage or destruction of property; or (iii) to the operation of a correctional facility. 1425 (b) In addition to meeting all standards established by the regulations of the department 1426 of public health, restrictive housing units shall provide: (i) meals that meet the same standards 1427 established by the commissioner for general population prisoners; (ii) access to showers not less 1428 than 3 days per week; (iii) rights of visitation and communication by those properly authorized; 1429 provided, however, that the authorization may be diminished for the enforcement of discipline 1430 for a period not to exceed 15 days in a state correctional facility or 10 days in a county 1431 correctional facility for each offense; (iv) access to reading and writing materials unless 1432 clinically contraindicated; (v) access to a radio or television if confinement exceeds 30 days; (vi) 1433 periodic mental and psychiatric examinations under the supervision of the department of mental 1434 health; (vii) medical and psychiatric treatment as clinically indicated under the supervision of the 1435 department of mental health; (viii) the same access to canteen purchases and privileges to retain 1436 property in a prisoner’s cell as prisoners in the general population at the same facility; provided, 1437 however, that such access and privileges may be diminished for the enforcement of discipline for 1438 a period not to exceed 15 days in a state correctional facility or 10 days in a county correctional 1439 facility for each offense or where inconsistent with the security of the unit; (ix) the same access 1440 to disability accommodations as prisoners in general population, except where inconsistent with 1441 the security of the unit; and (x) other rights and privileges as may be established or recognized 1442 by the commissioner. 1443 (c) Before placement in restrictive housing, a prisoner shall be screened by a qualified 1444 mental health professional to determine if the prisoner has a serious mental illness or restrictive 1445 housing is otherwise clinically contraindicated based on clinical standards adopted by the 1446 department of correction and the qualified mental health professional’s clinical judgment. 1447 (d) A qualified mental health professional shall make rounds in every restrictive housing 1448 unit and may conduct an out-of-cell meeting with a prisoner for whom a confidential meeting is 1449 warranted in the clinician’s professional judgment. Prisoners shall be evaluated by a qualified 1450 mental health professional in accordance with clinical standards adopted by the department of 1451 correction and the qualified mental health professional’s clinical judgment to determine whether 1452 the prisoner has a serious mental illness or restrictive housing is otherwise clinically 1453 contraindicated. 1454 (e) The department of correction shall promulgate clinical standards, in consultation with 1455 the department of mental health. 1456 Section 39A. (a) A prisoner shall not be held in restrictive housing if the prisoner has a 1457 serious mental illness or a finding has been made, pursuant to subsections (c) or (d) of section 39 1458 or otherwise, that restrictive housing is clinically contraindicated unless, not later than 72 hours 1459 after the finding, the commissioner, the sheriff or a designee of the commissioner or sheriff 1460 certifies in writing: (i) the reason why the prisoner may not be safely held in the general 1461 population; (ii) that there is no available placement in a secure treatment unit; (iii) that efforts are 1462 being undertaken to find appropriate housing and the status of the efforts; and (iv) the anticipated 1463 time frame for resolution. A copy of the written certification shall be provided to the prisoner. A 1464 prisoner in restrictive housing shall be offered additional mental health treatment in accordance 1465 with clinical standards adopted by the department of correction. 1466 (b) If a prisoner needs to be separated from general population to protect the prisoner 1467 from harm by others, the prisoner shall not be placed in restrictive housing, but shall be placed in 1468 a housing unit that provides approximately the same conditions, privileges, amenities and 1469 opportunities as in general population; provided, however, that the prisoner may be placed in 1470 restrictive housing for not more than 72 hours while suitable housing is located. A prisoner shall 1471 not be held in restrictive housing to protect the prisoner from harm by others for more than 72 1472 hours unless the commissioner, the sheriff or a designee of the commissioner or sheriff certifies 1473 in writing: (i) the reason why the prisoner may not be safely held in the general population; (ii) 1474 that there is no available placement in a unit comparable to general population; (iii) that efforts 1475 are being undertaken to find appropriate housing and the status of the efforts; and (iv) the 1476 anticipated time frame for resolution. A copy of the written certification shall be provided to the 1477 prisoner. 1478 (c) The fact that a prisoner is lesbian, gay, bisexual, transgender, queer or intersex or has 1479 a gender identity or expression or sexual orientation uncommon in general population shall not 1480 be grounds for placement in restrictive housing. 1481 (d) A pregnant inmate shall not be placed in restrictive housing. 1482 (e) The department shall promulgate regulations regarding the placement or prohibition 1483 of placement of persons with permanent physical disabilities in restrictive housing. 1484 (f) A prisoner shall not be confined to restrictive housing except pursuant to section 39 or 1485 this section. 1486 Section 39B. (a) All prisoners confined to restrictive housing shall receive placement 1487 reviews at the following intervals, and may receive them more frequently, if a prisoner: (i) is 1488 being confined to restrictive housing pursuant to subsection (a) of section 39A, every 72 1489 hours;(ii) is being confined to restrictive housing pursuant to subsection (b) of section 39A, 1490 every 72 hours; (iii) is awaiting adjudication of an alleged disciplinary breach, every 15 days;(iv) 1491 has been committed to disciplinary restrictive housing, not later than 6 months and every 90 days 1492 thereafter; and (v) is being held for any other reason, every 90 days . 1493 (b) After a placement review, the prisoner shall be retained in restrictive housing only if it 1494 is determined that the prisoner poses an unacceptable risk as provided in subsection (a) of section 1495 39 or if the commissioner, the sheriff or a designee of the commissioner or sheriff re-certifies, in 1496 writing, the findings required by subsections (a) or (b) of section 39A. 1497 (c) If a prisoner’s placement in restrictive housing may reasonably be expected to last 1498 more than 60 days, the prisoner shall: (i) have 24 hours written notice of placement reviews; (ii) 1499 have the opportunity to participate in reviews in person or in writing; (iii) upon review, if no 1500 placement change is ordered, be provided with a written statement as to the evidence relied on 1501 and the reasons for the placement decision; and (iv) not more than 15 days after the initial 1502 placement and upon placement review, if no placement change is ordered, be advised as to 1503 behavior standards and program participation goals that will increase the prisoner’s chances of a 1504 less restrictive placement upon next placement review. 1505 (d) A prisoner who is committed to a secure treatment unit following an allegation or 1506 finding of a disciplinary breach shall receive placement reviews at intervals not less than as 1507 frequently as if the prisoner were confined to restrictive housing. 1508 (e) The commissioner shall promulgate regulations establishing standards and procedures 1509 to maximize out-of-cell activities in restrictive housing and outplacements from restrictive 1510 housing consistent with the safety of all persons. 1511 Section 39C. The commissioner, after consultation with the sheriffs and the department 1512 of mental health, shall promulgate regulations governing the training and qualifications of 1513 correction officers, supervisors and managers deployed to restrictive housing. 1514 Section 39D. (a) The commissioner shall publish monthly and provide directly to the 1515 restrictive housing oversight committee the number of prisoners held in each restrictive housing 1516 unit within each state and county correctional facility. 1517 (b) The commissioner shall publish a report quarterly and provide directly to the 1518 restrictive housing oversight committee, as to each restrictive housing unit within each state 1519 correctional facility, and annually, as to each restrictive housing unit within each county 1520 correctional facility: (i) the number of prisoners as to whom a finding of serious mental illness 1521 has been made and the number of such prisoners held for more than 30 days; (ii) the number of 1522 prisoners who have committed suicide or committed non-lethal acts of self-harm; (iii) the 1523 number of prisoners according to the reason for their restrictive housing; (iv) as to prisoners in 1524 disciplinary restrictive housing, a listing of prisoners with names redacted, including an 1525 anonymized identification number that shall be consistent across reports, age, race, gender and 1526 ethnicity, whether the prisoner has an open mental health case, the date of the prisoner’s 1527 commitment to discipline, the length of the prisoner’s term and a summary of the reason for the 1528 prisoner’s commitment; (v) the number of placement reviews conducted pursuant to clause (iv) 1529 and (v) of subsection (a) of section 39B and the number of prisoners released from restrictive 1530 housing as a result of such placement reviews; (vi) the length of original assignment to and total 1531 time served in disciplinary restrictive housing for each prisoner released from disciplinary 1532 restrictive housing as a result of a placement review; (vii) the count of prisoners released to the 1533 community directly or within 30 days of release from restrictive housing; (viii) the known 1534 disabilities of every prisoner who was placed in restrictive housing during the previous 3 months; 1535 (ix) the number of mental health professionals who work directly with prisoners in restrictive 1536 housing; (x) the number of transfers to outside hospitals directly from restrictive housing; and 1537 (xi) such additional information as the commissioner may determine. 1538 The information shall be published in a commonly available electronic, machine readable 1539 format. 1540 (c) The administrators of county correctional facilities shall furnish to the commissioner 1541 all information that the commissioner deems necessary to support reporting pursuant to this 1542 section. 1543 Section 39E. Pursuant to regulations promulgated by the commissioner, prisoners held in 1544 restrictive housing for a period of more than 60 days shall have access to vocational, educational 1545 and rehabilitative programs to the maximum extent possible consistent with the safety and 1546 security of the unit and shall receive good time for participation at the same rates as the general 1547 population. 1548 Section 39F. The department shall establish policies to ensure that an inmate with an 1549 anticipated release date of less than 120 days is not housed in restrictive housing, unless: (i) the 1550 placement in restrictive housing is limited to not more than 5 days; or (ii) the inmate poses a 1551 substantial and immediate threat. 1552 Notwithstanding the previous paragraph, any prisoner who has fewer than 180 days until 1553 the prisoner’s mandatory release date or parole release date and is held in restrictive housing 1554 shall be offered reentry programming that shall include, but shall not be limited to, substantial re- 1555 socialization programming in a group setting, regular mental health counseling to assist with the 1556 transition, housing assistance, assistance obtaining state and federal benefits, employment 1557 readiness training and programming designed to help the person rebuild interpersonal 1558 relationships, which may include, but shall not be limited to, anger management and parenting 1559 courses and other re-entry planning services offered to inmates in a general population setting. 1560 Section 39G. (a) There shall be established a restrictive housing oversight committee, 1561 hereinafter in this section referred to as the committee, which shall consist of: the secretary of the 1562 executive office of public safety and security or a designee, who shall serve as chair; the 1563 commissioner of the department of correction or a designee; the commissioner of mental health 1564 or a designee; and 9 members to be appointed by the governor, 1 of whom shall be a correctional 1565 administrator with expertise in prison discipline or prison programming, 1 of whom shall be a 1566 member of a correctional officers union, 1 of whom shall have significant and demonstrated 1567 experience in criminal justice or corrections policy research; 1 of whom shall be the president of 1568 Massachusetts Sheriffs Association, Inc. or a designee, 1 of whom shall be a former judge 1569 designated by the chief justice of the supreme judicial court, 1 of whom shall be the executive 1570 director of Disability Law Center, Inc. or a designee, 1 of whom shall be the executive director 1571 of Prisoners’ Legal Services or a designee, 1 of whom shall be the executive director of the 1572 Massachusetts Association for Mental Health, Inc. or a designee and 1 of whom shall be a 1573 licensed social worker designated by the Massachusetts chapter of the National Association of 1574 Social Workers, Inc. 1575 Members of the committee shall serve without compensation but shall be reimbursed for 1576 all reasonable expenses incurred in the performance of their official duties. Members of the 1577 committee shall be considered special state employees for purposes of chapter 268A. 1578 (b) The committee shall gather information regarding the use of restrictive housing in 1579 correctional institutions to determine the impact of restrictive housing on inmates, rates of 1580 violence recidivism, incarceration costs and self-harm within correctional institutions. 1581 (c) The committee shall be provided access to all correctional institutions consistent with 1582 their duties and shall be allowed to interview prisoners and staff. 1583 (d) The committee shall annually, not later than January 31, submit to the house and 1584 senate chairs of the joint committee on the judiciary and the house and senate chairs of the joint 1585 committee on public safety and homeland security a report offering its recommendations on the 1586 use of restrictive housing in the commonwealth, including ways to minimize its use and improve 1587 outcomes for prisoners and facility safety. The report shall also include the following 1588 information for each correctional institution: (1) the criteria for placing an inmate in restrictive 1589 housing; (2) the extent to which staff who work with prisoners in restrictive housing receive 1590 specialized training; (3) the results of evaluations of the process of restrictive housing in the 1591 commonwealth and other states; (4) the impact of use of restrictive housing on prison order and 1592 control in correctional facilities; (5) the cost of housing an inmate in restrictive housing 1593 compared with the cost of housing an inmate in general population; and (6) the conditions of 1594 restrictive housing in the commonwealth. 1595 Section 39H. The commissioner shall promulgate regulations to implement sections 39 to 1596 39H, inclusive. 1597 SECTION 94. Sections 40 and 41 of said chapter 127 are hereby repealed. 1598 SECTION 95. Section 48 of said chapter 127, as appearing in the 2016 Official Edition, 1599 is hereby amended by inserting after the first paragraph the following paragraph:- 1600 The commissioner shall ensure that at least 1 educational program leading to the award of 1601 a high school equivalency certificate is available to persons who are committed to the custody of 1602 the department or to a county correctional facility for not less than 6 months and who have not 1603 obtained a high school degree or equivalency. 1604 SECTION 96. Said chapter 127 is hereby further amended by inserting after section 48A 1605 the following section:- 1606 Section 48B. (a) The commissioner or a superintendent of a house of correction may 1607 establish young adult correctional units or designate individual corrections officers to exclusively 1608 supervise young adults, who are 18 to 24 years of age and have been placed in the care of the 1609 department or house of correction so that these individuals may benefit from age appropriate 1610 guidance, targeted interventions, age appropriate programming and a greater degree of individual 1611 attention. 1612 (b) Officers designated under subsection (a) shall be selected based on their demonstrated 1613 experience and commitment to working with young adults and shall perform their services under 1614 the direction of the commissioner or superintendent. 1615 (c) Officers designated under subsection (a) shall receive specialized training as 1616 necessary on working with young adults, which may include: supervising and counseling young 1617 adults; psycho-social and behavioral development of young adults; cultural competency; 1618 rehabilitation of young adults; educational programs; and relevant community-based services and 1619 programs. 1620 SECTION 97. Said chapter 127 is hereby further amended by inserting after section 119 1621 the following section:- 1622 Section 119A. (a) As used in this section, the following words shall have the following 1623 meanings unless the context clearly requires otherwise: 1624 “Medical parole plan”, a comprehensive written medical and psychosocial care plan 1625 specific to a prisoner and including, but not limited to: (i) the proposed course of treatment; (ii) 1626 the proposed site for treatment and post-treatment care; (iii) documentation that medical 1627 providers qualified to provide the medical services identified in the medical parole plan are 1628 prepared to provide such services; and (iv) the financial program in place to cover the cost of the 1629 plan for the duration of the medical parole, which shall include eligibility for enrollment in 1630 commercial insurance, Medicare or Medicaid or access to other adequate financial resources for 1631 the duration of the medical parole. 1632 “Department”, the department of correction. 1633 “Permanent incapacitation”, a physical or cognitive incapacitation that appears 1634 irreversible, as determined by a licensed physician, and that is so debilitating that the prisoner 1635 does not pose a public safety risk. 1636 “Secretary”, the secretary of the executive office of public safety and security. 1637 “Terminal illness”, a condition that appears incurable, as determined by a licensed 1638 physician, that will likely cause the death of the prisoner in not more than 18 months and that is 1639 so debilitating that the prisoner does not pose a public safety risk. 1640 (b) Notwithstanding any general or special law to the contrary, a prisoner may be eligible 1641 for medical parole due to a terminal illness or permanent incapacitation pursuant to subsections 1642 (c) and (d). 1643 (c)(1)The superintendent of a correctional facility shall consider a prisoner for medical 1644 parole upon a written petition by the prisoner, the prisoner’s attorney, the prisoner’s next of kin, 1645 a medical provider of the correctional facility or a member of the department’s staff. The 1646 superintendent shall review the petition and develop a recommendation as to the release of the 1647 prisoner. Whether or not the superintendent recommends in favor of medical parole, the 1648 superintendent shall, not more than 21 days after receipt of the petition, transmit the petition and 1649 the recommendation to the commissioner. The superintendent shall transmit with the 1650 recommendation: (i) a medical parole plan; (ii) a written diagnosis by a physician licensed to 1651 practice medicine under section 2 of chapter 112; and (iii) an assessment of the risk for violence 1652 that the prisoner poses to society. 1653 (2) Upon receipt of the petition and recommendation pursuant to paragraph (1), the 1654 commissioner shall notify, in writing, the district attorney for the jurisdiction where the offense 1655 resulting in the prisoner being committed to the correctional facility occurred, the prisoner, the 1656 person who petitioned for medical parole, if not the prisoner and, if applicable under chapter 1657 258B, the victim or the victim’s family that the prisoner is being considered for medical parole. 1658 The parties who receive the notice shall have an opportunity to provide written statements; 1659 provided, however, that if the prisoner was convicted and is serving a sentence under section 1 of 1660 chapter 265, the district attorney or victim’s family may request a hearing. 1661 (d)(1) A sheriff shall consider a prisoner for medical parole upon a written petition filed 1662 by the prisoner, the prisoner’s attorney, the prisoner’s next of kin, a medical provider of the 1663 house of correction or jail or a member of the sheriff’s staff. The sheriff shall review the request 1664 and develop a recommendation as to the release of the prisoner. Whether or not the sheriff 1665 recommends in favor of medical parole, the sheriff shall, not more than 21 days after receipt of 1666 the petition, transmit the petition and the recommendation to the commissioner. The sheriff shall 1667 transmit with the petition: (i) a medical parole plan; (ii) a written diagnosis by a physician 1668 licensed to practice medicine under section 2 of chapter 112; and (iii) an assessment of the risk 1669 for violence that the prisoner poses to society. 1670 (2) Upon receipt of the petition and recommendation pursuant to paragraph (1), the 1671 commissioner shall notify, in writing, the district attorney for the jurisdiction where the offense 1672 resulting in the prisoner being committed to the correctional facility occurred, the prisoner, the 1673 person who petitioned for medical parole, if not the prisoner and, if applicable under chapter 1674 258B, the victim or the victim’s family that the prisoner is being considered for medical parole. 1675 The parties who receive the notice shall have an opportunity to submit written statements. 1676 (e) The commissioner shall issue a written decision not later than 45 days after receipt of 1677 a petition, which shall be accompanied by a statement of reasons for the commissioner’s 1678 decision. If the commissioner determines that a prisoner is terminally ill or permanently 1679 incapacitated such that if the prisoner is released the prisoner will live and remain at liberty 1680 without violating the law and that the release will not be incompatible with the welfare of 1681 society, the prisoner shall be released on medical parole. The parole board shall impose terms 1682 and conditions for medical parole that shall apply through the date upon which the prisoner’s 1683 sentence would have expired. 1684 Not less than 24 hours before the date of a prisoner’s release on medical parole, the 1685 commissioner shall notify, in writing, the district attorney for the jurisdiction where the offense 1686 resulting in the prisoner being committed to the correctional facility occurred, the department of 1687 state police, the police department in the city or town in which the prisoner shall reside and, if 1688 applicable under chapter 258B, the victim or the victim’s family of the prisoner’s release and the 1689 terms and conditions of the release. 1690 (f) A prisoner granted release under this section shall be under the jurisdiction, 1691 supervision and control of the parole board, as if the prisoner had been paroled pursuant to 1692 section 130 of chapter 127. The parole board may revise, alter or amend the terms and conditions 1693 of a medical parole at any time. If a parole officer receives credible information that a prisoner 1694 has failed to comply with a condition of the prisoner’s medical parole or upon discovery that the 1695 terminal illness or permanent incapacitation has improved to the extent that the prisoner would 1696 no longer be eligible for medical parole under this section, the parole officer shall immediately 1697 arrest the prisoner and bring the prisoner before the board for a hearing. If the board determines 1698 that the prisoner violated a condition of the prisoner’s medical parole or that the terminal illness 1699 or permanent incapacitation has improved to the extent that the prisoner would no longer be 1700 eligible for medical parole pursuant to this section, the prisoner shall resume serving the balance 1701 of the sentence with credit given only for the duration of the prisoner’s medical parole that was 1702 served in compliance with all conditions of their medical parole pursuant to subsection (e). 1703 Revocation of a prisoner’s medical parole due to a change in the prisoner’s medical condition 1704 shall not preclude a prisoner’s eligibility for medical parole in the future or for another form of 1705 release permitted by law. 1706 (g) A prisoner, sheriff, or superintendent aggrieved by a decision denying or granting 1707 medical parole made under this section may petition for relief pursuant to section 4 of chapter 1708 249. A decision by the court affirming or reversing the commissioner’s grant or denial of 1709 medical parole shall not affect a prisoner’s eligibility for any other form of release permitted by 1710 law. A decision by the court pursuant to this subsection shall not preclude a prisoner’s eligibility 1711 for medical parole in the future. 1712 (h) The secretary shall promulgate rules and regulations necessary for the enforcement 1713 and administration of this section. 1714 (i) The commissioner and the secretary shall file an annual report not later than March 1 1715 with the clerks of the senate and the house of representatives, the senate and house committees 1716 on ways and means and the joint committee on the judiciary detailing, for the prior fiscal year: (i) 1717 the number of prisoners in the custody of the department or of the sheriffs who applied for 1718 medical parole under this section and the race and ethnicity of each applicant; (ii) the number of 1719 prisoners who have been granted medical parole and the race and ethnicity of each prisoner; (iii) 1720 the nature of the illness of the applicants for medical parole; (iv) the counties to which the 1721 prisoners have been released; (v) the number of prisoners who have been denied medical parole, 1722 the reason for the denial and the race and ethnicity of each prisoner; (vi) the number of prisoners 1723 who have petitioned for medical parole more than once; (vii) the number of prisoners released 1724 who have been returned to the custody of the department or the sheriff and the reason for each 1725 prisoner’s return; and (viii) the number of petitions for relief sought pursuant to subsection (g). 1726 Nothing in this report shall include personally identifiable information of the prisoners. 1727 SECTION 98. Section 133A of said chapter 127, appearing in the 2016 Official Edition, 1728 is hereby amended by adding the following paragraph:- 1729 If a prisoner is indigent and is serving a life sentence for an offense that was committed 1730 before the prisoner reached 18 years of age, the prisoner shall have the right to have appointed 1731 counsel at the parole hearing and shall have the right to funds for experts pursuant to chapter 1732 261. 1733 SECTION 99. Section 144 of said chapter 127, as so appearing, is hereby amended by 1734 striking out, in line 3, the words “thirty dollars” and inserting in place thereof the following 1735 figure:- $90. 1736 SECTION 100. Said chapter 127 is hereby amended by striking out section 145, as so 1737 appearing, and inserting in place thereof the following section:- 1738 Section 145. (a) A court shall not commit a person to a correctional facility solely for 1739 non-payment of money owed if such person has established, by a preponderance of the evidence, 1740 that the person is unable to pay the fine without causing substantial financial hardship to the 1741 person or their immediate family or dependents. A court shall determine whether the payment of 1742 a fine would cause such substantial financial hardship after a hearing and, in making such 1743 determination, shall consider the person’s employment status, income, financial resources, living 1744 expenses, number of dependents and any special circumstances that may affect a person’s ability 1745 to pay. 1746 (b) A court shall not commit a person to a correctional facility for non-payment of money 1747 owed if such a person is not represented by counsel for the commitment proceeding, unless such 1748 person has waived counsel. A person deemed indigent for the purpose of being offered counsel 1749 and who is assigned counsel for the commitment portion of a proceeding solely for the 1750 nonpayment of money owed shall not be assessed a fee for such counsel. 1751 (c) Courts may consider alternatives to incarceration before committing a person to a 1752 prison or place of confinement solely for non-payment of a fine or a fine and expenses. 1753 (d) If a court determines that the payment of a fine would cause a substantial financial 1754 hardship pursuant to subsection (a), the court may impose an alternative to a fine or sentence to a 1755 correctional facility including, without limitation, community service. 1756 (e) A justice of the trial court shall not commit a person who has not reached 18 years of 1757 age to a prison, place of confinement or the department of youth services solely for the non- 1758 payment of money. 1759 (f) A person confined to a correctional facility for non-payment of money owed may 1760 petition the court for discharge from the correctional facility for an inability to pay the money 1761 owed due to a substantial financial hardship. If, after a hearing pursuant to subsection (a), the 1762 court determines that the person is not able to pay the money owed without causing a substantial 1763 financial hardship to the person, or the person’s immediate family or dependents, the court shall 1764 discharge the person from the correctional facility. No filing fee shall be charged for the filing of 1765 the petition. 1766 SECTION 101. Section 1 of chapter 138 of the General Laws, as so appearing, is hereby 1767 amended by inserting after the definition of “Alcoholic beverages” the following definition:- 1768 “Alcohol-related incapacitation”, the condition of an intoxicated person who, by reason 1769 of the consumption of intoxicating liquor, is: (a) unconscious; (b) in need of medical attention; or 1770 (c) likely to suffer or cause physical harm or damage property. 1771 SECTION 102. Said chapter 138 is hereby further amended by inserting after section 1772 34D the following section:- 1773 Section 34E. (a) A person under 21 years of age who, in good faith, seeks medical 1774 assistance for someone experiencing alcohol-related incapacitation shall not be charged or 1775 prosecuted under sections 34, 34A or 34C if the evidence for the charge of purchase or 1776 possession of alcohol was gained as a result of seeking medical assistance. 1777 (b) A person under 21 years of age who experiences alcohol-related incapacitation and is 1778 in need of medical assistance and, in good faith, seeks such medical assistance or is the subject 1779 of such a good faith request for medical assistance shall not be charged or prosecuted under 1780 sections 34, 34A or 34C if the evidence for the charge of purchase or possession of alcohol was 1781 gained as a result of seeking medical assistance. 1782 SECTION 103. Section 4 of chapter 151B of the General Laws is hereby amended by 1783 striking out, in lines 408 and 410, as appearing in the 2016 Official Edition, the word “five” and 1784 inserting in place thereof, in each instance, the following figure:- 3. 1785 SECTION 104. Said section 4 of said chapter 151B, as so appearing, is hereby further 1786 amended by inserting after the word “information”, in line 412, the following words:- , or (iv) a 1787 criminal record, or anything related to a criminal record, that has been sealed or expunged 1788 pursuant to chapter 276. 1789 SECTION 105. Section 10 of chapter 209A of the General Laws, as so appearing, is 1790 hereby amended by striking out, in lines 7 and 8, the words “the person, or the dependents of 1791 such person, severe financial hardship” and inserting in place thereof the following words:- 1792 substantial financial hardship to the person or the person’s immediate family or the person’s 1793 dependents. 1794 SECTION 106. Chapter 211B of the General Laws is hereby amended by adding the 1795 following section:- 1796 Section 22. For the purposes of updating the criminal history record, the trial court shall 1797 electronically send to the department of state police all criminal case disposition information for 1798 the offender, including sealing and expungement orders and dismissals, together with the 1799 corresponding offense-based tracking number and fingerprint-based state identification number, 1800 to the extent that the offender has been assigned such numbers and the numbers have been 1801 provided to the court. 1802 SECTION 107. Section 2A of chapter 211D of the General Laws, as appearing in the 1803 2016 Official Edition, is hereby amended by striking out, in line 105, the word “A” and inserting 1804 in place thereof the following words:- Except for a person under 18 years of age, a. 1805 SECTION 108. Section 7 of chapter 212 of the General Laws, as so appearing, is hereby 1806 amended by inserting after the first sentence the following sentence:- An indictment for a felony 1807 offense shall be accompanied by the offense-based tracking number and fingerprint-based state 1808 identification number of the defendant when the corresponding charges result from an arrest. 1809 SECTION 109. Section 26 of said chapter 218, as so appearing, is hereby amended by 1810 striking out, in lines 26 to 27, the words “intimidation of a witness or juror under section thirteen 1811 B of chapter two hundred and sixty-eight” and inserting in place thereof the following words:- 1812 offenses under section 13B of chapter 268, conspiracy under section 7 of chapter 274, 1813 solicitation to commit a felony under section 8 of said chapter 274. 1814 SECTION 110. Said chapter 218 is hereby further amended by inserting after section 32 1815 the following section:- 1816 Section 32A. An application for a criminal complaint submitted to the district court by a 1817 police department against a person arrested for a felony offense shall be accompanied by an 1818 offense-based tracking number. An otherwise valid application for a complaint submitted by a 1819 police department against a person arrested shall not preclude the issuance of a complaint merely 1820 because the application does not include an arrestee’s offense-based tracking number. If a 1821 complaint is issued based on an application for a complaint submitted by a police department 1822 against a person arrested for a felony that did not include the arrestee’s offense-based tracking 1823 number, the prosecutor shall submit the offense-based tracking number of the defendant to the 1824 court to be included in the case file. 1825 SECTION 111. Section 20 of chapter 233 of the General Laws, as appearing in the 2016 1826 Official Edition, is hereby amended by striking out clause Fourth and inserting in place thereof 1827 the following clause:- 1828 Fourth, A parent shall not testify against the parent’s minor child and a minor child shall 1829 not testify against the child’s parent in a proceeding before an inquest, grand jury, trial of an 1830 indictment or complaint or any other criminal, delinquency or youthful offender proceeding in 1831 which the victim in the proceeding is not a family member and does not reside in the family 1832 household; provided, however, that for the purposes of this clause, “parent” shall mean the 1833 biological or adoptive parent, stepparent, legal guardian or other person who has the right to act 1834 in loco parentis for the child; provided further, that in a case in which the victim is a family 1835 member and resides in the family household, the parent shall not testify as to any communication 1836 with the minor child that was for the purpose of seeking advice regarding the child’s legal rights. 1837 SECTION 112. Section 8 of said chapter 258B, as so appearing, is hereby amended by 1838 striking out, in lines 38 to 40, inclusive, the words “would impose a severe financial hardship 1839 upon the person against whom the assessment is imposed” and inserting in place thereof the 1840 following words:- would cause a substantial financial hardship to the person against whom the 1841 assessment is imposed or the person’s immediate family or the person’s dependents. 1842 SECTION 113. Section 2 of chapter 258C of the General Laws, as so appearing, is 1843 hereby amended by inserting after the word “crime”, in line 11, the following words:- ; provided, 1844 however, that a claimant who was a victim under 18 years of age shall not be required to file 1845 such report within 5 days. 1846 SECTION 114. Said section 2 of said chapter 258C, as so appearing, is hereby further 1847 amended by striking out, in line 27, the word “shall” and inserting in place thereof the following 1848 word:- may. 1849 SECTION 115. Subsection (e) of said section 2 of said chapter 258C, as so appearing, is 1850 hereby amended by adding the following sentence:- In the event of a victim’s death by homicide, 1851 an award may be reduced except that the costs for appropriate and modest funeral, burial or 1852 cremation services shall be paid by the fund. 1853 SECTION 116. Section 1 of chapter 258D of the General Laws, as so appearing, is 1854 hereby amended by adding the following subsection:- 1855 (G) A claimant shall be entitled to preliminary relief under section subsection (E) of 1856 section 5 upon an initial showing that there is a substantial likelihood of success on the merits of 1857 the case. 1858 SECTION 117. Section 3 of said chapter 258D, as so appearing, is hereby amended by 1859 adding the following sentence:- Upon motion of the claimant, the court shall advance the 1860 proceeding for expedited discovery and a speedy trial so that it may be heard and determined 1861 with as little delay as possible. 1862 SECTION 118. Subsection (A) of section 5 of said chapter 258D, as so appearing, is 1863 hereby amended by striking out the fourth to sixth sentences, inclusive, and inserting in place 1864 thereof the following sentence:- The court may include, as part of its judgment against the 1865 commonwealth, an order requiring the commonwealth to provide the claimant with services that 1866 are reasonable and necessary to address any deficiencies in the individual's physical and 1867 emotional condition and waive tuition and fees for the claimant for any educational services from 1868 a state or community college in the commonwealth including, but not limited to, the University 1869 of Massachusetts at Amherst and its satellite campuses. 1870 SECTION 119. Said subsection (A) of said section 5 of said chapter 258D, as so 1871 appearing, is hereby further amended by striking out, in line 43, the figure “$500,000”, and 1872 inserting in place thereof the following figure:- $1,000,000. 1873 SECTION 120. Said section 5 of said chapter 258D, as so appearing, is hereby further 1874 amended by adding the following subsection:- 1875 (E) Upon a ruling in favor of a claimant moving for preliminary relief under subsection 1876 (G) of section 1, the court shall enter an order requiring the commonwealth to provide the 1877 claimant with services that are reasonable and necessary to address any deficiencies in the 1878 individual's physical and emotional condition and waive tuition and fees for the claimant for any 1879 educational services from a state or community college in the commonwealth including, but not 1880 limited to, the University of Massachusetts at Amherst and its satellite campuses. 1881 SECTION 121. Said chapter 258D is hereby amended by striking out section 6, as so 1882 appearing, and inserting in place thereof the following section:- 1883 Section 6. A claimant who prevails in an action under this chapter shall be entitled to an 1884 award of the costs of the litigation and reasonable attorneys' fees in an amount to be fixed by the 1885 court. 1886 SECTION 122. Section 7 of said chapter 258D, as so appearing, is hereby amended by 1887 adding the following 2 subsections:- 1888 (E) A settlement agreement pursuant to this chapter may include a stipulation or 1889 agreement to an order of expungement or sealing to be entered by the court. Such stipulation or 1890 agreement shall be filed with the court and the court shall enter an order directing the 1891 expungement or sealing of those records of the claimant maintained by the department of 1892 criminal justice information services, the probation department and the sex offender registry that 1893 directly pertain to the claimant's erroneous felony conviction, including documents and other 1894 materials and any biological samples or other materials obtained from the claimant. If the 1895 settlement does not include an agreement to an order of expungement or sealing, the claimant is 1896 entitled to seek expungement or sealing from the court. 1897 (F) For the purposes of this chapter, “expungement” shall mean the permanent erasure 1898 and destruction of records. 1899 SECTION 123. Section 8 of said chapter 258D, as so appearing, is hereby amended by 1900 striking out, in lines 2 and 6, the figure “2” and inserting in place thereof, in each instance, the 1901 following figure:- 3. 1902 SECTION 124. Section 9 of said chapter 258D, as so appearing, is hereby amended by 1903 striking out subsection (C). 1904 SECTION 125. Chapter 263 of the General Laws is hereby amended by striking out 1905 section 1A, as so appearing, and inserting in place thereof the following section:- 1906 Section 1A. Whoever is arrested by virtue of process or is taken into custody by an 1907 officer and is charged with the commission of a felony shall be fingerprinted according to the 1908 system of the department of state police and photographed. The fingerprints and photographs 1909 shall be immediately forwarded to the department of state police to allow a biometric positive 1910 identification. The fingerprint record shall be suitable for comparison and shall include an 1911 offense-based tracking number, completed description of the offenses charged and other 1912 descriptors as required. The executive office of public safety and security may audit police 1913 departments for compliance with this section. 1914 SECTION 126. Section 1 of chapter 263A of the General Laws, as so appearing, is 1915 hereby amended by striking out the definition of “Critical witness” and inserting in place thereof 1916 the following definition:- 1917 “Critical witness”, any person who is participating, has participated, or is reasonably 1918 expected to participate in a criminal investigation, motion hearing, trial, show cause hearing, or 1919 other criminal proceeding, or a proceeding involving an alleged violation of conditions of 1920 probation or parole, or the commitment of a sexually dangerous person pursuant to chapter 1921 123A; or who has received a subpoena requiring such participation; who is, or was, in the 1922 judgment of the prosecuting officer, a necessary witness at one or more of the aforementioned 1923 types of proceedings, and who is or may be endangered by such person’s participation in the 1924 aforementioned proceeding; or such person’s relatives, guardians, friends or associates, who are 1925 or may be endangered by such person’s participation in the aforementioned proceeding. 1926 SECTION 127. Section 13 of chapter 265 of the General Laws, as so appearing, is 1927 hereby amended by adding the following paragraph:- 1928 Any business organization including, without limitation, a corporation, association, 1929 partnership or other legal entity that commits manslaughter shall be punished by a fine of not 1930 more than $250,000. If a business organization is found guilty under this section, the appropriate 1931 commissioner or secretary may debar the corporation under section 29F of chapter 29 for a 1932 period not to exceed 10 years. 1933 SECTION 128. Section 13D of said chapter 265, as so appearing, is hereby amended by 1934 adding the following paragraph:- 1935 Whoever commits an assault and battery upon a police officer when such officer is 1936 engaged in the performance of the officer’s duties at the time of such assault and battery and who 1937 by such assault and battery causes serious bodily injury to the officer shall be punished by a term 1938 of imprisonment in the state prison for not less than 1 year nor more than 10 years, or house of 1939 correction for not less than 1 year, nor more than 2 ½ years. No sentence imposed pursuant to 1940 this section shall be for less than a mandatory minimum term of imprisonment of 1 year and a 1941 fine of not less than $500 nor more than $10,000 may be imposed but not in lieu of the 1942 mandatory minimum term of imprisonment. A prosecution commenced under this paragraph 1943 shall not be placed on file or continued without a finding and a sentence imposed upon a person 1944 convicted of violating this paragraph shall not be suspended or reduced, nor shall such person be 1945 eligible for probation, parole, work release, furlough or receive any deduction from the person’s 1946 sentence for good conduct until such person shall have served said mandatory minimum term of 1947 imprisonment. For purposes of this section, the term “serious bodily injury” shall mean bodily 1948 injury which results in a permanent disfigurement, protracted loss or impairment of a bodily 1949 function, limb or organ or substantial risk of death. 1950 SECTION 129. The second paragraph of section 47 of said chapter 265, as so appearing, 1951 is hereby amended by striking out the last sentence and inserting in place thereof the following 1952 sentence:- If the court finds that such fees would cause a substantial financial hardship to the 1953 offender or the person’s immediate family or the person’s dependents, the court may waive such 1954 fees. 1955 SECTION 130. Section 54 of said chapter 265, as so appearing, is hereby amended by 1956 inserting after the word “to”, in line 1, the following words:- subsection (c) and subsection (d) of 1957 section 26D and. 1958 SECTION 131. Section 57 of said chapter 265, as so appearing, is hereby amended by 1959 striking out, in line 5, the words “a violation of section 53A” and inserting in place thereof the 1960 following words:- charges of violating sections 26 or 53A. 1961 SECTION 132. Said chapter 265 is hereby further amended by adding the following 1962 section:- 1963 Section 59. (a) At any time after the entry of a judgment of disposition on an indictment 1964 or criminal or delinquency complaint for an offense under section 26, subsection (a) of section 1965 53 or subsection (a) of section 53A of chapter 272 or under section 34 of chapter 94C for simple 1966 possession of a controlled substance, the court in which it was entered shall, upon motion of the 1967 defendant, vacate any conviction, adjudication of delinquency or continuance without a finding 1968 and permit the defendant to withdraw any plea of guilty, plea of nolo contendere, plea of 1969 delinquent or factual admission tendered in association therewith upon a finding by the court of a 1970 reasonable probability that the defendant’s participation in the offense was a result of having 1971 been a human trafficking victim as defined by section 20M of chapter 233 or a victim of 1972 trafficking in persons under 22 U.S.C. 7102; provided that: 1973 (1) Except as provided in paragraphs (2) and (3) of this subsection, the defendant shall 1974 have the burden to establish a reasonable probability that the defendant’s participation in the 1975 offense was the result of having been a victim of human trafficking; 1976 (2) Where a child under the age of 18 was adjudicated delinquent for an offense under 1977 section 26, subsection (a) of section 53 or subsection (a) of section 53A of chapter 272, based on 1978 allegations of prostitution, there shall be a rebuttable presumption that the child’s participation in 1979 the offense was a result of having been a victim of human trafficking or trafficking in persons; 1980 (3) Where the conviction, adjudication of delinquency or continuance without a finding 1981 was for an offense under section 26, subsection (a) of section 53 or subsection (a) of section 53A 1982 of chapter 272 committed when the defendant was 18 years of age or older, official 1983 documentation from any local, state or federal government agency of the defendant’s status as a 1984 victim of human trafficking or trafficking in persons at the time of the offense shall create a 1985 rebuttable presumption that the defendant’s participation in the offense was a result of having 1986 been a victim of human trafficking or trafficking in persons, but shall not be required for 1987 granting a motion under this subsection; 1988 (4) For purposes of paragraph (3) of this subsection, “official documentation” shall be 1989 defined as any document issued by a local, state or federal government agency in the agency’s 1990 official capacity; 1991 (5) The rules concerning the admissibility of evidence at criminal trials shall not apply to 1992 the presentation and consideration of information at a hearing conducted pursuant to this section 1993 and the court shall consider hearsay contained in official documentation from any local, state or 1994 federal government agency of the defendant’s status as a victim of human trafficking or 1995 trafficking in persons offered in support of a motion pursuant to this section; and 1996 (6) A motion pursuant to this section may be heard by any sitting justice of a court of 1997 competent jurisdiction. 1998 (b) Upon vacatur of a conviction, adjudication of delinquency or continuance without a 1999 finding, the court shall enter a plea of not guilty. It shall be an affirmative defense to the charges 2000 against the defendant that, while a human trafficking victim, such person was under duress or 2001 coerced into committing the offenses for which such person is being prosecuted or against whom 2002 juvenile delinquency proceedings have commenced. 2003 (c) The administrative justices of the superior court, district court, juvenile court and the 2004 Boston municipal court departments shall jointly promulgate a motion form for use under this 2005 section. 2006 (d) A conviction, adjudication of delinquency or continuance without a finding vacated 2007 under this section shall be deemed to have been vacated on the merits. 2008 SECTION 133. Section 27A of chapter 266 of the General Laws, as appearing in the 2009 2016 Official Edition, is hereby amended by striking out, in lines 32 to 34, inclusive, the words 2010 “impose an undue financial hardship on the defendant or his family, the court may modify the 2011 amount, time or method of payment, but may not grant complete remission from payment of 2012 restitution” and inserting in place thereof the following words:- cause a substantial financial 2013 hardship to the defendant or the defendant’s immediate family or the defendant’s dependents, the 2014 court may grant remission from any payment of restitution or modify the amount, time or method 2015 of payment. 2016 SECTION 134. Section 28 of said chapter 266, as so appearing, is hereby amended by 2017 inserting after the word “thereof”, in line 40, the following words- , except for a conviction or 2018 adjudication for malicious damage to a motor vehicle or trailer,. 2019 SECTION 135. Section 29 of said chapter 266, as so appearing, is hereby amended by 2020 striking out, in lines 45 to 47, inclusive, the words “impose an undue financial hardship on the 2021 defendant or his family, the court may modify the amount, time or method of payment, but may 2022 not grant complete remission from payment of restitution” and inserting in place thereof the 2023 following words:- cause a substantial financial hardship to the defendant or the defendant’s 2024 immediate family or the defendant’s dependents, the court may grant remission from any 2025 payment of restitution or modify the amount, time or method of payment. 2026 SECTION 136. Section 30 of said chapter 266, as so appearing, is hereby amended by 2027 striking out, in line 9 and lines 13 and 14, the words “two hundred and fifty dollars” and 2028 inserting in place thereof, in each instance, the following figure:- $1,200. 2029 SECTION 137. Said section 30 of said chapter 266, as so appearing, is hereby further 2030 amended by striking out, in lines 15 to 23, inclusive, the words “three hundred dollars; or, if the 2031 property was stolen from the conveyance of a common carrier or of a person carrying on an 2032 express business, shall be punished for the first offence by imprisonment for not less than six 2033 months nor more than two and one half years, or by a fine of not less than fifty nor more than six 2034 hundred dollars, or both, and for a subsequent offence, by imprisonment for not less than 2035 eighteen months nor more than two and one half years, or by a fine of not less than one hundred 2036 and fifty nor more than six hundred dollars, or both” and inserting in place thereof the following 2037 figure:- $1,500. 2038 SECTION 138. Said section 30 of said chapter 266, as so appearing, is hereby further 2039 amended by adding the following paragraph:- 2040 (6) A law enforcement officer may arrest a person without a warrant that the officer has 2041 probable cause to believe has committed an offense under this section and the value of the 2042 property stolen is more than $250. 2043 SECTION 139. Section 30A of said chapter 266, as so appearing, is hereby amended by 2044 striking out, in lines 35, 42 and 46 and 47, the words “one hundred dollars” and inserting in place 2045 thereof, in each instance, the following figure:- $250. 2046 SECTION 140. Section 37A of said chapter 266, as so appearing, is hereby amended by 2047 striking out the definition of “Credit card” and inserting in place thereof the following 2048 definition:- 2049 “Credit card”, an instrument or device, whether known as a credit card, credit plate or 2050 other name, or the code of number used to identify that instrument or device or an account of 2051 credit or cash accessed by that instrument or device, issued with or without a fee by an issuer for 2052 the use of the cardholder in obtaining money, goods, services or anything else of value on credit 2053 or by debit from a cash account. 2054 SECTION 141. Section 37B of said chapter 266, as so appearing, is hereby amended by 2055 striking out, in lines 24 and 25, 29 and 30, 37 and 38, and lines 45 and 46, the words “two 2056 hundred and fifty dollars” and inserting in place thereof, in each instance, the following figure:- 2057 $1,200. 2058 SECTION 142. Said section 37B of said chapter 266, as so appearing, is hereby further 2059 amended by striking out, in lines 49 and 50, the words “five hundred dollars” and inserting in 2060 place thereof the following figure:- $2,500. 2061 SECTION 143. Section 37C of said chapter 266, as so appearing, is hereby amended by 2062 striking out, in lines 12, 17, 23 and lines 31 and 32, the words “two hundred and fifty dollars” 2063 and inserting in place thereof, in each instance, the following figure:- $1,200. 2064 SECTION 144. Said section 37C of said chapter 266, as so appearing, is hereby further 2065 amended by striking out, in lines 39 and 40, the words “two thousand dollars” and inserting in 2066 place thereof the following figure:- $10,000. 2067 SECTION 145. Section 37E of said chapter 266, as so appearing, is hereby amended by 2068 inserting after subsection (c) the following subsection:- 2069 (c½) Whoever possesses a tool, instrument or other article adapted, designed or 2070 commonly used for accessing a person’s financial services account number or code, savings 2071 account number or code, checking account number or code, brokerage account number or code, 2072 credit card account number or code, debit card number or code, automated teller machine 2073 number or code, personal identification number, mother’s maiden name, computer system 2074 password, electronic signature or unique biometric data that is a fingerprint, voice print, retinal 2075 image or iris image of another person under circumstances evincing an intent to use or 2076 knowledge that some person intends to use the same in the commission of larceny shall be guilty 2077 of identity fraud and shall be punished by a fine of not more than $5,000, or imprisonment in a 2078 house of correction for not more than 2½ years, or by both such fine and imprisonment. 2079 SECTION 146. Section 60 of said chapter 266, as so appearing, is hereby amended by 2080 striking out, in lines 13, 16 and 20, the figure “$250” and inserting in place thereof, in each 2081 instance, the following figure:- $1,200. 2082 SECTION 147. Said section 60 of said chapter 266, as so appearing, is hereby further 2083 amended by striking out, in line 15, the figure “$1,000” and inserting in place thereof the 2084 following figure:- $3,000. 2085 SECTION 148. Said section 60 of said chapter 266, as so appearing, is hereby further 2086 amended by adding the following paragraph:- 2087 A law enforcement officer may arrest any person without warrant that the officer has 2088 probable cause to believe has committed an offense under this section and the value of the 2089 property stolen exceeds $250. 2090 SECTION 149. The second paragraph of section 108 of said chapter 266, as so 2091 appearing, is hereby amended by striking out the third sentence and inserting in place thereof the 2092 following sentence:- If the defendant is indigent or if the court finds that ordering such restitution 2093 would cause a substantial financial hardship to the defendant or the defendant’s immediate 2094 family or the defendant’s dependents, the court may determine that the interests of the victim and 2095 of justice would not be served by ordering such restitution. 2096 SECTION 150. Said section 108 of said chapter 266, as so appearing, is hereby further 2097 amended by striking out, in lines 28 and 29, the words “an undue financial hardship on the 2098 defendant or his family” and inserting in place thereof the following words:- a substantial 2099 financial hardship on the defendant or the defendant’s immediate family or the defendant’s 2100 dependents. 2101 SECTION 151. Section 111B of said chapter 266, as so appearing, is hereby amended by 2102 striking out, in lines 45 to 47, inclusive, the words “impose an undue financial hardship on the 2103 defendant or his family, the court may modify the amount, time or method of payment, but may 2104 not grant complete remission from payment of restitution” and inserting in place thereof the 2105 following words:- cause a substantial financial hardship to the defendant or the defendant’s 2106 immediate family or the defendant’s dependents, the court may grant remission from any 2107 payment of restitution or modify the amount, time or method of payment. 2108 SECTION 152. Section 126A of said chapter 266, as so appearing, is hereby amended by 2109 striking out the second paragraph. 2110 SECTION 153. Section 126B of said chapter 266, as so appearing, is hereby amended by 2111 striking out the second paragraph. 2112 SECTION 154. Said chapter 266 is hereby further amended by striking out section 127, 2113 as so appearing, and inserting in place thereof the following section:- 2114 Section 127. Whoever destroys or injures the personal property, dwelling house or 2115 building of another in any manner or by any means not particularly described or mentioned in 2116 this chapter shall, if such destruction or injury is willful and malicious, be punished by 2117 imprisonment in the state prison for not more than 10 years or by a fine of $3,000 or 3 times the 2118 value of the damage caused to the property so destroyed or injured, whichever is greater, and 2119 imprisonment in jail for not more than 2½ years; or if such destruction or injury is wanton, shall 2120 be punished by a fine of $1,000 or 3 times the value of the damage to the property so destroyed 2121 or injured, whichever is greater, or by imprisonment for not more than 2½ years; if the value of 2122 the damage to the property so destroyed or injured is not alleged to exceed $1,200, the 2123 punishment shall be by a fine of 3 times the value of the damage to property or by imprisonment 2124 for not more than 2½ years; provided, however, that where a fine is levied pursuant to the value 2125 of the damage to the property destroyed or injured, the court shall, after conviction, conduct an 2126 evidentiary hearing to ascertain the value of the damage to the property so destroyed or injured. 2127 The words ''personal property'', as used in this section, shall also include electronically processed 2128 or stored data, either tangible or intangible, and data while in transit. 2129 SECTION 155. Chapter 268 of the General Laws is hereby amended by striking out 2130 section 13B, as so appearing, and inserting in place thereof the following section:- 2131 Section 13B. (a) As used in this section, the following words shall have the following 2132 meanings unless the context clearly requires otherwise: 2133 “Investigator”, an individual or group of individuals lawfully authorized by a department 2134 or agency of the federal government or any political subdivision thereof or a department or 2135 agency of the commonwealth or any political subdivision thereof to conduct or engage in an 2136 investigation of, prosecution for, or defense of a violation of the laws of the United States or of 2137 the commonwealth in the course of such individual’s or group’s official duties. 2138 “Harass”, to engage in an act directed at a specific person or group of persons that 2139 seriously alarms or annoys such person or group of persons and would cause a reasonable person 2140 or group of persons to suffer substantial emotional distress including, but not limited to, an act 2141 conducted by mail or by use of a telephonic or telecommunication device or electronic 2142 communication device including, but not limited to, a device that transfers signs, signals, writing, 2143 images, sounds, data or intelligence of any nature, transmitted in whole or in part by a wire, 2144 radio, electromagnetic, photoelectronic or photo-optical system including, but not limited to, 2145 electronic mail, internet communications, instant messages and facsimile communications. 2146 (b) Whoever willfully, either directly or indirectly: (i) threatens, attempts or causes 2147 physical, emotional or economic injury or property damage to; (ii) conveys a gift, offer or 2148 promise of anything of value to; or (iii) misleads, intimidates or harasses another person who is 2149 a: (A) witness or potential witness; (B) person who is or was aware of information, records, 2150 documents or objects that relate to a violation of a criminal law or a violation of conditions of 2151 probation, parole, bail or other court order; (C) judge, juror, grand juror, attorney, victim witness 2152 advocate, police officer, correction officer, federal agent, investigator, clerk, court officer, court 2153 reporter, court interpreter, probation officer or parole officer; (D) person who is or was attending 2154 or a person who had made known an intention to attend a proceeding described in this section; or 2155 (E) family member of a person described in this section, with the intent to or with reckless 2156 disregard for the fact that it may; (1) impede, obstruct, delay, prevent or otherwise interfere with: 2157 a criminal investigation at any stage, a grand jury proceeding, a dangerousness hearing, a motion 2158 hearing, a trial or other criminal proceeding of any type or a parole hearing, parole violation 2159 proceeding or probation violation proceeding; or an administrative hearing or a probate or family 2160 court proceeding, juvenile proceeding, housing proceeding, land proceeding, clerk’s hearing, 2161 court-ordered mediation or any other civil proceeding of any type; or (2) punish, harm or 2162 otherwise retaliate against any such person described in this section for such person or such 2163 person’s family member’s participation in any of the proceedings described in this section, shall 2164 be punished by imprisonment in the state prison for not more than 10 years or by imprisonment 2165 in the house of correction for not more than 2½ years or by a fine of not less than $1,000 or more 2166 than $5,000 or by both such fine and imprisonment. If the proceeding in which the misconduct is 2167 directed at is the investigation or prosecution of a crime punishable by life imprisonment or the 2168 parole of a person convicted of a crime punishable by life imprisonment, such person shall be 2169 punished by imprisonment in the state prison for not more than 20 years or by imprisonment in 2170 the house of corrections for not more than 2½ years or by a fine of not more than $10,000 or by 2171 both such fine and imprisonment. 2172 (c) A prosecution under this section may be brought in the county in which the criminal 2173 investigation, trial or other proceeding was being conducted or took place or in the county in 2174 which the alleged conduct constituting the offense occurred. 2175 SECTION 156. Section 34A of said chapter 268, as so appearing, is hereby amended by 2176 striking out the first sentence and inserting in place thereof the following sentence:- Whoever 2177 knowingly and willfully furnishes a false name, Social Security number, date of birth, home 2178 address, mailing address or phone number, or other information as may be requested for the 2179 purposes of establishing the person’s identity, to a law enforcement officer or law enforcement 2180 official following an arrest shall be punished by a fine of not more than $1,000 or by 2181 imprisonment in a house of correction for not more than 1 year or by both such fine and 2182 imprisonment. 2183 SECTION 157. Section 10H of chapter 269 of the General Laws, as so appearing, is 2184 hereby amended by striking out, in line 7, the words “the vapors of glue” and inserting in place 2185 thereof the following words:- from smelling or inhaling the fumes of any substance having the 2186 property of releasing toxic vapors as defined in section 18 of chapter 270. 2187 SECTION 158. Section 14B of said chapter 269, as so appearing, is hereby amended by 2188 striking out subsection (b) and inserting in place thereof the following subsection:- 2189 (b) Upon any conviction under this section, the court shall conduct a hearing to ascertain 2190 the extent of costs incurred, and damages and financial loss sustained by any emergency 2191 response services provider as a result of the violation and shall order the defendant to make 2192 restitution to the emergency response services provider or providers for any such costs, damages 2193 or loss. The court shall consider the defendant's present and future ability to pay restitution in its 2194 determinations relative to the imposition of a fine. In determining the amount, time and method 2195 of payment of restitution, the court shall consider the defendant’s employment status, earning 2196 ability, financial resources, living expenses, dependents and any special circumstances that may 2197 have bearing on their ability to pay. The court may waive restitution or modify the amount, time 2198 or method of payment if such restitution payment would cause a substantial financial hardship to 2199 the defendant or the defendant’s immediate family or the defendant’s dependents. 2200 SECTION 159. Said Chapter 272 of the General Laws is hereby amended by striking out 2201 section 40, as so appearing, and inserting in place thereof the following section:- 2202 Section 40. Whoever willfully interrupts or disturbs an assembly of people meeting for a 2203 lawful purpose shall be punished by imprisonment for not more than 1 month or by a fine of not 2204 more than $50; provided, however, that an elementary or secondary student shall not be adjudged 2205 a delinquent child for an alleged violation of this section for such conduct within school 2206 buildings or on school grounds or in the course of school-related events. 2207 SECTION 160. Section 53 of said chapter 272, as so appearing, is hereby amended by 2208 striking out subsection (b) and inserting in place thereof the following subsection:- 2209 (b) Disorderly persons and disturbers of the peace shall, for a first offense, be punished 2210 by a fine of not more than $150. For a second or subsequent offense, disorderly persons and 2211 disturbers of the peace shall be punished by imprisonment in a jail or house of correction for not 2212 more than 6 months or by a fine of not more than $200 or by both such fine and imprisonment; 2213 provided, however, that an elementary or secondary school student shall not be adjudged a 2214 delinquent child for a violation of this subsection for such conduct within school buildings or on 2215 school grounds or in the course of school-related events. 2216 SECTION 161. Said chapter 272 is hereby amended by inserting after section 106 the 2217 following section:- 2218 Section 107. The court shall transmit fines collected pursuant to section 8 and subsection 2219 (b) and subsection (c) of section 53A to the state treasurer. The treasurer shall deposit such fines 2220 into the Victims of Human Trafficking Trust Fund established pursuant to section 66A of chapter 2221 10. 2222 SECTION 162. Chapter 274 of the General Laws is hereby amended by adding the 2223 following section:- 2224 Section 8. Whoever solicits, counsels, advises, or otherwise entices another to commit a 2225 crime that may be punished by imprisonment in the state prison, with the intent that the person, 2226 in fact, commit or procure the commitment of such crime shall, except as otherwise provided, be 2227 punished as follows: 2228 First, by imprisonment for not more than 20 years in the state prison or for not more than 2229 2½ years in a jail or house of correction, or by a fine of not more than $10,000, or by both such 2230 fine and imprisonment, if the intent of the solicitation, counsel, advice or enticement was for the 2231 person to commit a crime punishable by imprisonment for life. 2232 Second, by imprisonment for not more than 10 years in the state prison or for not more 2233 than 2½ years in a jail or house of correction, or by a fine of not more than $10,000, or by both 2234 such fine and imprisonment, if the intent of the solicitation, counsel, advice or enticement was 2235 for the person to commit a crime punishable by imprisonment in the state prison for 10 years or 2236 more. 2237 Third, by imprisonment for not more than 5 years in the state prison or for not more than 2238 2½ years in a jail or house of correction, or by a fine of not more than $5,000, or by both such 2239 fine and imprisonment, if the intent of the solicitation, counsel, advice or enticement was for the 2240 person to commit a crime punishable by imprisonment in the state prison for 5 years or more. 2241 Fourth, by imprisonment for not more 2½ years in a jail or house of correction, or by a 2242 fine of not more than $2,000, or by both such fine and imprisonment, if the intent of the 2243 solicitation, counsel, advice or enticement was for the person to commit a crime punishable by 2244 imprisonment in the state prison for less than 5 years. 2245 If a person is convicted of solicitation, counsel, advice or enticement for which crime the 2246 penalty is expressly set forth in any other section of the General Laws, the provisions of this 2247 section shall not apply to said crime and the penalty in the applicable section of the General 2248 Laws shall be imposed pursuant to the provisions of such other section. 2249 SECTION 163. Section 30 of chapter 276 of the General Laws, as appearing in the 2016 2250 Official Edition, is hereby amended by striking out, in lines 5 and 6, the words “upon a finding 2251 of good cause by the court the fee may be waived” and inserting in place thereof the following 2252 words:- the court may waive the fee upon a finding of good cause or upon a finding that such a 2253 fee would cause a substantial financial hardship to the person, the person’s immediate family or 2254 the person’s dependents. 2255 SECTION 164. Said section 30 of said chapter 276, as so appearing, is hereby further 2256 amended by inserting after the word “indigent”, in line 11, the following words:- or that such fee 2257 would cause a substantial financial hardship to the person, the person’s immediate family or the 2258 person’s dependents. 2259 SECTION 165. Section 31 of said chapter 276, as so appearing, is hereby amended by 2260 inserting after the word “cause”, in line 6, the following words:- or upon a finding that such an 2261 assessment would cause a substantial financial hardship to the person, the person’s immediate 2262 family or the person’s dependents. 2263 SECTION 166. Section 57 of said chapter 276, as so appearing, is hereby amended by 2264 inserting after the first sentence the following sentence:- Except in cases where the person is 2265 determined to pose a danger to the safety of any other person or the community under section 2266 58A, bail shall be set in an amount no higher than what would reasonably assure the appearance 2267 of the person before the court after taking into account the person’s financial resources; 2268 provided, however, that a higher than affordable bail may be set if neither alternative 2269 nonfinancial conditions nor a bail amount which the person could likely afford would adequately 2270 assure the person’s appearance before the court. 2271 SECTION 167. Said section 57 of said chapter 276, as so appearing, is hereby further 2272 amended by inserting after the word “ties”, in line 50, the following words:- , the person’s 2273 financial resources and financial ability to give bail. 2274 SECTION 168. Said section 57 of said chapter 276, as so appearing, is hereby further 2275 amended by inserting after the second paragraph the following paragraph:- 2276 If bail is set at an amount that is likely to result in the person’s long-term pretrial 2277 detention because he or she lacks the financial resources to post said amount, an authorized 2278 person setting bail must provide written or orally recorded findings of fact and a statement of 2279 reasons as to why, under the relevant circumstances, neither alternative nonfinancial conditions 2280 nor a bail amount that the person can afford will reasonably assure his or her appearance before 2281 the court, and further, must explain how the bail amount was calculated after taking the person’s 2282 financial resources into account and why the commonwealth’s interest in bail or a financial 2283 obligation outweighs the potential adverse impact on the person, their immediate family or 2284 dependents resulting from pretrial detention. 2285 SECTION 169. Said section 57 of said chapter 276, as so appearing, is hereby further 2286 amended by adding the following paragraph:- 2287 Participation in a community corrections program pursuant to chapter 211F may be 2288 ordered by the court, in lieu of bail, or as a condition of release; provided, however, that the 2289 defendant shall consent to such participation. 2290 SECTION 170. Section 58 of said chapter 276, as so appearing, is hereby amended by 2291 inserting after the first sentence the following sentence:- Except in cases where the person is 2292 determined to pose a danger to the safety of any other person or the community under section 2293 58A, bail shall be set in an amount no higher than what would reasonably assure the appearance 2294 of the person before the court after taking into account the person’s financial resources; 2295 provided, however, that a higher than affordable bail may be set if neither alternative 2296 nonfinancial conditions nor a bail amount which the person could likely afford would adequately 2297 assure the person’s appearance before the court. 2298 SECTION 171. Said section 58 of said chapter 276, as so appearing, is hereby further 2299 amended by inserting after the word “resources”, in line 20, the following words:- and financial 2300 ability to give bail. 2301 SECTION 172. Said section 58 of said chapter 276, as so appearing, is hereby further 2302 amended by inserting after the first paragraph the following paragraph:- If bail is set at an 2303 amount that is likely to result in the person’s long-term pretrial detention because he or she lacks 2304 the financial resources to post said amount, an authorized person setting bail must provide 2305 written or orally recorded findings of fact and a statement of reasons as to why, under the 2306 relevant circumstances, neither alternative nonfinancial conditions nor a bail amount that the 2307 person can afford will reasonably assure his or her appearance before the court, and further, must 2308 explain how the bail amount was calculated after taking the person’s financial resources into 2309 account and why the commonwealth’s interest in bail or a financial obligation outweighs the 2310 potential adverse impact on the person, their immediate family or dependents resulting from 2311 pretrial detention. 2312 SECTION 173. Said section 58 of said chapter 276, as so appearing, is hereby further 2313 amended by adding the following paragraph:- 2314 Participation in a community corrections program pursuant to chapter 211F may be 2315 ordered by the court, in lieu of bail, or as a condition of release; provided, however, that the 2316 defendant shall consent to such participation. 2317 SECTION 174. Section 58A of said chapter 276, as so appearing, is hereby amended by 2318 striking out, in lines 16 and 17, the words “third or subsequent conviction for a violation of 2319 section 24 of chapter 90” and inserting in place thereof the following words:- charge of a third or 2320 subsequent violation of section 24 of chapter 90 within 10 years of the previous conviction for 2321 such violation. 2322 SECTION 175. Subsection (2) of said section 58A of said chapter 276, as so appearing, 2323 is hereby amended by adding the following paragraph:- 2324 Participation in a community corrections program pursuant to chapter 211F may be 2325 ordered by the court or as a condition of release; provided, however, that the defendant shall 2326 consent to such participation. 2327 SECTION 176. Said section 58A of said chapter 276, as so appearing, is hereby 2328 amended by inserting after the word “days”, in line 99, the following words:- by the district court 2329 or for a period exceeding 180 days by the superior court. 2330 SECTION 177. Section 59 of said chapter 276 is hereby repealed. 2331 SECTION 178. Section 61A of said chapter 276 is hereby repealed. 2332 SECTION 179. Said chapter 276 is hereby further amended by striking out section 61B, 2333 as appearing in the 2016 Official Edition, and inserting in place thereof the following section:- 2334 Section 61B. No surety under this chapter shall be compensated for acting as surety. 2335 SECTION 180. The first paragraph of section 87A of said chapter 276, as so appearing, 2336 is hereby amended by adding the following 2 sentences:- No person placed on probation shall be 2337 found to have violated a condition of probation: (i) solely on the basis of possession or use of a 2338 controlled substance that has been lawfully dispensed pursuant to a valid prescription to that 2339 person by a health professional registered to prescribe a controlled substance pursuant to chapter 2340 94C and acting within the lawful scope of the health professional’s practice; or (ii) solely on the 2341 basis of possession or use of medical marijuana obtained in compliance with and in quantities 2342 consistent with applicable state regulations if that person received a written certification from a 2343 healthcare professional for the use of medical marijuana to treat a debilitating medical condition 2344 and the person possesses a valid medical marijuana registration card and if the quantity in the 2345 person’s possession is not greater than the amount recommended in the healthcare professional’s 2346 written certification. If a person is required to submit a DNA sample pursuant to chapter 22E, 2347 such submittal and compliance with chapter 22E shall be required as a condition of probation. 2348 SECTION 181. Said section 87A of said chapter 276, as so appearing, is hereby 2349 amended by striking out the third paragraph and inserting in place thereof the following 2 2350 paragraphs:- 2351 The court shall not assess said monthly probation fee or said administrative probation fee 2352 upon any person placed on supervised probation or administrative supervised probation after 2353 release from prison or a house of correction for said person’s first 6 months of such probation. 2354 Either or both of said fees shall be assessed after the first 6 months of such probation unless 2355 otherwise waived by the court pursuant to this section. 2356 The court may waive payment of either or both of said fees if it determines after a 2357 hearing that such payment would impose a substantial financial hardship on the person, the 2358 person’s immediate family or dependents. Following the hearing and upon a finding of hardship, 2359 the court may require any such person to perform unpaid community service work at a public or 2360 nonprofit agency or facility, monitored by the probation department, for not more than 4 hours 2361 per month in lieu of payment of a probation fee. A waiver shall be in effect only during the 2362 period of time that a person is unable to pay the monthly probation fee. 2363 SECTION 182. Said section 87A of said chapter 276, as so appearing, is hereby further 2364 amended by striking out the eighth paragraph and inserting in place thereof the following 2365 paragraph:- 2366 The court may waive payment of either or both of said fees if it has determined, after a 2367 hearing, that the payment would impose a substantial financial hardship on the person, the 2368 person’s immediate family or dependents. A waiver shall be in effect only during the period of 2369 time that the person is unable to pay the monthly probation fee. 2370 SECTION 183. Said chapter 276 is hereby amended by inserting after section 89A the 2371 following section:- 2372 Section 89B. Probation officers appointed under subsection (f) of section 83 may be 2373 designated by the commissioner of probation to exclusively supervise young adults, who are 18 2374 to 24 years of age and have been placed in the care of probation officers under section 87, so that 2375 these individuals may benefit from age appropriate guidance, targeted interventions and a greater 2376 degree of individual attention. 2377 Probation officers designated under this section shall be selected based on their 2378 demonstrated experience and commitment to working with young adults and shall perform their 2379 services under the direction of the commissioner. 2380 Probation officers designated under this section shall receive specialized training on 2381 topics including but not limited to: (i) supervising and counseling young adults; (ii) psycho- 2382 social and behavioral development of young adults; (iii) cultural competency; (iv) rehabilitation 2383 of young adults; (v) educational programs; and (vi) relevant community-based services and 2384 programs. 2385 SECTION 184. The third paragraph of section 92A of said chapter 276, as appearing in 2386 the 2016 Official Edition, is hereby amended by striking out the second sentence and inserting in 2387 place thereof the following sentence:- If the court finds that the payment of restitution due will 2388 cause a substantial financial hardship to the defendant, the defendant’s immediate family or the 2389 defendant’s dependents, the court may grant remission from any payment of restitution, or 2390 modify the amount, time or method of payment. 2391 SECTION 185. Chapter 276 of the General Laws is hereby amended by inserting after 2392 section 99F the following section:- 2393 Section 99G. (a) There shall be in the office of probation a pretrial services initiative, 2394 hereinafter referred to as pretrial services. Pretrial services shall be led by a supervisor of 2395 pretrial services. The supervisor shall be a person of ability and experience in the pretrial 2396 process who shall be chosen and appointed by the commissioner of probation. 2397 (b) Pretrial services shall perform the following duties for the departments of the trial 2398 court of the commonwealth: (i) develop, in coordination with the court and other criminal justice 2399 agencies, programs to minimize unnecessary pretrial detention; and (ii) provide notifications and 2400 reminders to defendants of court appearance obligations to reduce the risk of accidental defaults. 2401 (c) Pretrial services may be provided with probation staff, including community 2402 correction staff, as determined by the commissioner of probation. 2403 (d) The supervisor of pretrial services shall submit annual reports to the commissioner of 2404 probation, the chief justice of the trial court, the court administrator, the chief justice of the 2405 supreme judicial court and the clerks of the house of representatives and the senate who shall 2406 forward the report to the chairs of the joint committee on the judiciary. The report shall include, 2407 but not be limited to, if available: (i) analysis on demographics of the pretrial population, 2408 including age, race and gender; (ii) appearance and default rates; (iii) conditions imposed upon 2409 release; and (iv) any other analytical data deemed appropriate; provided, however, that any data 2410 included in the report shall be presented only in aggregated form so that no individual can be 2411 identified. 2412 SECTION 186. Section 100A of said chapter 276, as appearing in the 2016 Official 2413 Edition, is hereby amended by striking out, in lines 9, 14 and 21, the figure “5” and inserting in 2414 place thereof, in each instance, the following figure:- 3. 2415 SECTION 187. Said section 100A of said chapter 276, as so appearing, is hereby further 2416 amended by striking out, in lines 12, 15 and 22, the figure “10” and inserting in place thereof, in 2417 each instance, the following figure:- 7. 2418 SECTION 188. Said section 100A of said chapter 276, as so appearing, is hereby further 2419 amended by inserting after the words “268A”, in line 28, the following words- , except for 2420 convictions for resisting arrest. 2421 SECTION 189. Said section 100A of said chapter 276, as so appearing, is hereby further 2422 amended by striking out, in line 83, the words “for employment used by an employer” and 2423 inserting in place thereof the following words:- used to screen applicants for employment, 2424 housing or an occupational or professional license. 2425 SECTION 190. Said section 100A of said chapter 276, as so appearing, is hereby further 2426 amended by inserting after the word “employment”, in line 85, the following words:- or for 2427 housing or an occupational or professional license. 2428 SECTION 191. Said section 100A of said chapter 276, as so appearing, is hereby further 2429 amended by inserting after the word “employment”, in line 89, the following words:- or for 2430 housing or an occupational or professional license. 2431 SECTION 192. Said section 100A of said chapter 276, as so appearing, is hereby further 2432 amended by inserting after the word “employment”, in line 92, the following words:- or for 2433 housing or an occupational or professional license. 2434 SECTION 193. Section 100C of said chapter 276, as so appearing, is hereby amended by 2435 striking out, in line 23, the words “for employment used by an employer” and inserting in place 2436 thereof the following words:- used to screen applicants for employment, housing or an 2437 occupational or professional license. 2438 SECTION 194. Said section 100C of said chapter 276, as so appearing, is hereby further 2439 amended by inserting after the word “employment”, in line 26, the following words:- , housing 2440 or an occupational or professional license. 2441 SECTION 195. Chapter 276 of the General Laws is hereby amended by inserting after 2442 section 100D the following 17 sections:- 2443 Section 100E. As used in sections 100E through 100U, the following words shall, unless 2444 the context clearly requires otherwise, have the following meanings:- 2445 “Attorney general”, the attorney general of the commonwealth. 2446 “Commissioner”, the commissioner of probation. 2447 “Consumer reporting agency”, any person or organization which, for monetary fees, 2448 dues, or on a cooperative, not-for-profit basis, regularly engages in whole, or in part, in the 2449 practice of assembling or evaluating criminal history, credit or other information on consumers 2450 for the purpose of furnishing consumer reports to third parties, and which uses any means or 2451 facility of interstate commerce for the purpose of preparing or furnishing consumer reports. 2452 “County agency”, any department or office of county government and any division, 2453 board, bureau, commission, institution, tribunal or other instrumentality thereof or thereunder. 2454 “Court”, the trial court of the commonwealth established pursuant to section 1 of chapter 2455 211B and any departments or offices established within the trial court. 2456 “Criminal court appearance”, an arraignment on, all pre-trial and other post arraignment 2457 judicial proceedings related to and the disposition of, a criminal offense. 2458 “Criminal justice agencies”, those agencies at all levels of government, which perform as 2459 their principal function, activities relating to: (i) crime prevention, including research or the 2460 sponsorship of research; (ii) the apprehension, prosecution, adjudication, incarceration or 2461 rehabilitation of criminal offenders; or (iii) the collection, storage, dissemination or usage of 2462 criminal offender record information. 2463 “Department”, the department of criminal justice information services established 2464 pursuant to section 167A of chapter 6. 2465 “Disabled person”, a person with an intellectual disability, as defined by section 1 of 2466 chapter 123B, or who is otherwise mentally or physically disabled and, as a result of such mental 2467 or physical disability, is wholly or partially dependent on others to meet daily living needs. 2468 “Disposition”, the final conclusion of a charge during or after the initial criminal court 2469 appearance or juvenile court appearance. 2470 “District attorney”, the district attorney in the jurisdiction where the matter resulting in a 2471 record that is the subject of a petition originated. 2472 “Elderly person”, a person who is 60 years of age or older. 2473 “Expunge”, “expunged”, or “expungement”, the permanent erasure or destruction of a 2474 record so that the record is no longer accessible to, or maintained by, the court, any criminal 2475 justice agencies or any other state agency, municipal agency or county agency. If the record 2476 contains information on a person other than the petitioner, it may be maintained with all 2477 identifying information of the petitioner permanently obliterated or erased. 2478 “Judicial proceedings”, any proceedings before the court resulting in a record. 2479 “Juvenile court appearance”, an arraignment on, all pre-trial and other post arraignment 2480 judicial proceedings related to and the disposition of, an offense in the juvenile court. 2481 “Municipal agency”, any department or office of a city or town government and any 2482 council, division, board, bureau, commission, institution, tribunal or other instrumentality thereof 2483 or thereunder. 2484 “Offense”, a violation of a criminal law for which a person has been charged and has 2485 made a criminal court appearance or a juvenile court appearance for which there is a disposition 2486 and a record. 2487 “Office”, the office of the commissioner of probation. 2488 “Order”, an order of expungement. 2489 “Person”, a natural person, corporation, association, partnership, or other legal entity. 2490 “Petition”, a petition to expunge a criminal record. 2491 “Petitioner”, a natural person with a criminal record who has filed a petition. 2492 “Public records”, shall have the same meaning as the definition of public records in 2493 clause twenty-sixth of section 7 of chapter 4. 2494 “Record”, public records and court records including, without limitation, paper or 2495 electronic records or data in any communicable form compiled by, on file with or in the care 2496 custody or control of, without limitation, the court, the office, the department or criminal justice 2497 agencies, which concern a person and relate to the nature or disposition of an offense, including, 2498 without limitation, an arrest, a criminal court appearance, a juvenile court appearance, a pre-trial 2499 proceeding, other judicial proceedings, disposition, sentencing, incarceration, rehabilitation or 2500 release; provided, however, that the term record shall not include information contained in the 2501 domestic violence record keeping system, evaluative information, intelligence information or 2502 statistical and analytical reports and files in which persons are not directly or indirectly 2503 identifiable. 2504 “State agency”, any department of state government including the executive, legislative 2505 or judicial, and all councils thereof and thereunder, and any division, board, bureau, commission, 2506 institution, tribunal or other instrumentality within such department, and any independent state 2507 authority, district, commission, instrumentality or agency, but not an agency of a county, city or 2508 town. 2509 Section 100F. (a) A petitioner who has a record as an adjudicated delinquent or 2510 adjudicated youthful offender may, on a form furnished by the commissioner and signed under 2511 the penalties of perjury, petition that the commissioner expunge the record. Upon receipt of a 2512 petition for an expungement, the commissioner shall certify whether the petitioner is eligible for 2513 an expungement under sections 100I and 100J. If the petitioner is not eligible for an 2514 expungement under sections 100I and 100J the commissioner shall, within 60 days of the 2515 request, deny the request in writing. If the petitioner is eligible for an expungement under 2516 sections 100I and 100J the commissioner shall, within 60 days of the petition, notify in writing 2517 the district attorney of the petition and that the petitioner is eligible for an expungement under 2518 sections100I and 100J. Within 60 days of receipt of notification from the commissioner of the 2519 filing of the petition and that petitioner is eligible for an expungement pursuant to sections 100I 2520 and 100J, the district attorney shall notify the commissioner in writing of their objections, if any, 2521 to the petition. 2522 (b) Upon receipt of a response from the district attorney, if any, or within 65 days of the 2523 commissioner’s notification to the district attorney pursuant to subsection (a), whichever occurs 2524 first, the commissioner shall forthwith forward the petition, along with the objections of the 2525 district attorney, if any, to the court wherein the petitioner was adjudicated delinquent or 2526 adjudicated a youthful offender. 2527 (c) If the district attorney files an objection with the commissioner within 60 days of 2528 receipt of notification as provided in subsection (a) the court shall, within 21 days of receipt of 2529 the petition pursuant to subsection (b), conduct a hearing on the petition. The court shall have the 2530 discretion to grant or deny the petition based on what is in the best interests of justice and shall 2531 enter written findings as to the basis of its order. The court shall deny any petition that does not 2532 meet the requirements of sections 100I and 100J. 2533 (d) If the district attorney does not file an objection with the commissioner within 60 days 2534 of receipt of notification as provided in subsection (a) the court may approve the petition without 2535 a hearing. The court shall have the discretion to grant or deny the petition based on what is in the 2536 best interests of justice and shall enter written findings as to the basis of its order. The court shall 2537 deny any petition that does not meet the requirements of sections 100I and 100J. 2538 (e) The court shall forward an order for expungement pursuant to this section forthwith to 2539 the clerk of the court where the criminal record was created, to the commissioner and to the 2540 commissioner of criminal justice information services appointed pursuant to section 167A of 2541 chapter 6. 2542 Section 100G. (a) A petitioner who has a record of conviction may, on a form furnished 2543 by the commissioner and signed under the penalties of perjury, petition that the commissioner 2544 expunge the record. Upon receipt of a petition, the commissioner shall certify whether the 2545 petitioner is eligible for an expungement under sections 100I and 100J. If the petitioner is not 2546 eligible for an expungement under sections 100I and100J the commissioner shall, within 60 days 2547 of the request, deny the request in writing. If the petitioner is eligible for an expungement under 2548 sections 100I and 100J the commissioner shall, within 60 days of the petition, notify in writing 2549 the district attorney of the petition and that the petitioner is eligible for an expungement under 2550 sections100I and 100J. Within 60 days of receipt of notification from the commissioner of the 2551 filing of the petition and that petitioner is eligible for an expungement pursuant to sections 100I 2552 and 100J, the district attorney shall notify the commissioner in writing of their objections, if any, 2553 to the petition for the expungement. 2554 (b) Upon receipt of a response from the district attorney, if any, or within 65 days of the 2555 commissioner’s notification to the district attorney pursuant to subsection (a), whichever occurs 2556 first, the commissioner shall forthwith forward the petition, along with the objections of the 2557 district attorney, if any, to the court wherein the petitioner was convicted. 2558 (c) If the district attorney files an objection with the commissioner within 60 days of 2559 receipt of notification as provided in subsection (a) the court shall, within 21 days of receipt of 2560 the petition pursuant to subsection (b), conduct a hearing on the petition. The court shall have the 2561 discretion to grant or deny the petition based on what is in the best interests of justice and shall 2562 enter written findings as to the basis of its order. The court shall deny any petition that does not 2563 meet the requirements of sections 100I and 100J. 2564 (d) If the district attorney does not file an objection with the commissioner within 60 days 2565 of receipt of notification as provided in subsection (a) the court may approve the petition without 2566 a hearing. The court shall have the discretion to grant or deny the petition based on what is in the 2567 best interests of justice and shall enter written findings as to the basis of its order. The court shall 2568 deny any petition that does not meet the requirements of sections 100I and 100J. 2569 (e) The court shall forward an order for expungement pursuant to this section forthwith to 2570 the clerk of the court where the criminal record was created, to the commissioner and to the 2571 commissioner of criminal justice information services appointed pursuant to section 167A of 2572 chapter 6. 2573 Section 100H. (a) A petitioner who has a record that does not include an adjudication as 2574 a delinquent, an adjudication as a youthful offender or a conviction may, on a form furnished by 2575 the commissioner and signed under the penalties of perjury, petition that the commissioner 2576 expunge the record. Upon receipt of a petition, the commissioner shall certify whether the 2577 petitioner is eligible for an expungement under sections 100I and 100J. If the petitioner is not 2578 eligible for an expungement under sections 100I and 100J the commissioner shall, within 30 2579 days of the request, deny the request in writing. If the petitioner is eligible for an expungement 2580 under sections 100I and 100J the commissioner shall, within 30 days of the request, notify in 2581 writing the district attorney. Within 30 days of receipt of notification from the commissioner that 2582 the petitioner is eligible for an expungement pursuant to sections 100I and 100J, the district 2583 attorney shall notify the commissioner in writing of their objections, if any, to the request for the 2584 expungement. 2585 (b) If the district attorney files an objection to the petition with the commissioner within 2586 30 days of receipt of notification as provided in subsection (a) the court shall, within 21 days of 2587 receipt of the petition pursuant to subsection (b), conduct a hearing on the petition. The court 2588 shall have the discretion to grant or deny the petition based on what is in the best interests of 2589 justice and shall enter written findings as to the basis of its order. The court shall deny any 2590 petition that does not meet the requirements of sections 100I and 100J. 2591 (c) If the district attorney does not file an objection with the commissioner within 30 days 2592 of receipt of notification as provided in subsection (a) the court may approve the petition without 2593 a hearing. The court shall have the discretion to grant or deny the petition based on what is in the 2594 best interests of justice and shall enter written findings as to the basis of its order. The court shall 2595 deny any petition that does not meet the requirements of sections 100I and 100J. 2596 (d) The court shall forward an order for expungement pursuant to this section forthwith to 2597 the clerk of the court where the criminal record was created, to the commissioner and to the 2598 commissioner of criminal justice information services appointed pursuant to section 167A of 2599 chapter 6. 2600 Section 100I. (a) The commissioner shall certify that a record that is the subject of the 2601 petition filed pursuant to section 100F, section 100G or section 100H is eligible for expungement 2602 provided that: 2603 (1) the offense resulting in the record that is the subject of the petition is not a 2604 criminal offense included in section 100J; 2605 (2) the offense that is the subject of the petition to expunge the record occurred before 2606 the petitioner’s twenty-first birthday; 2607 (3) the offense that is the subject of the petition to expunge the record, including any 2608 period of incarceration, custody or probation, occurred not less than 7 years before the date on 2609 which the petition was filed if the offense that is the subject of the petition is a felony, and not 2610 less than 3 years before the date on which the petition was filed if the offense that is subject of 2611 the petition is a misdemeanor; 2612 (4) other than motor vehicle offenses in which the penalty does not exceed a fine of 2613 $50 and the offense that is the subject of the petition to expunge, the petitioner does not have any 2614 other criminal court appearances, juvenile court appearances or dispositions on file with the 2615 commissioner; 2616 (5) other than motor vehicle offenses in which the penalty does not exceed a fine of 2617 $50, the petitioner does not have any criminal court appearances, juvenile court appearances or 2618 dispositions on file in any other state, United States possession or in a court of federal 2619 jurisdiction; and 2620 (6) the petition includes a certification by the petitioner that, to the petitioner’s 2621 knowledge, the petitioner is not currently the subject of an active criminal investigation by any 2622 criminal justice agency. 2623 Any violation of section 7 of chapter 209A or section 9 of chapter 258E shall be treated as a 2624 felony for purposes of this section. 2625 Section 100J. (a) No criminal record resulting from a disposition of the following 2626 offenses shall be eligible for expungement pursuant to section 100F, section 100G or section 2627 100H: 2628 (1) any offense resulting in death or serious bodily injury; 2629 (2) any offense committed with the intent to cause death or serious bodily injury; 2630 (3) any offense committed while armed with a dangerous weapon; 2631 (4) any offense against an elderly person; 2632 (5) any offense against a disabled person; 2633 (6) any sex offense as defined in section 178C of chapter 6; 2634 (7) any sex offense involving a child as defined in section 178C of chapter 6; 2635 (8) any sexually violent offense as defined in section 178C of chapter 6; 2636 (9) any offense in violation of section 24 of chapter 90; 2637 (10) any sexual offense as defined in section 1 of chapter 123A; 2638 (11) any offense in violation of sections 121 to 131Q of chapter 140; 2639 (12) any offense in violation of an order issued pursuant to section 18 or 34B of 2640 chapter 208; 2641 (13) any offense in violation of an order issued pursuant to section 32 of chapter 209; 2642 (14) any offense in violation of an order issued pursuant to chapter 209A; 2643 (15) any offense in violation of an order issued pursuant to section 15 of chapter 209C; 2644 (16) any offense in violation of an order issued pursuant to chapter 258E; 2645 (17) any offense in violation of section 13M of chapter 265; 2646 (18) any felony offense in violation of chapter 265; 2647 (19) any offense in violation of paragraph (a), (b), (c) or (d) of section 10 of chapter 2648 269; or 2649 (20) any offense in violation of section 10E of chapter 269. 2650 Section 100K. (a) Notwithstanding the requirements of section 100I and section 100J, a 2651 court may order the expungement of a record created as a result of criminal court appearance, 2652 juvenile court appearance or dispositions if the court determines based on clear and convicing 2653 evidence that the record was created as a result of: 2654 (1) false identification of the petitioner or the unauthorized use or theft of the 2655 petitioner’s identity; 2656 (2) an offense at the time of the creation of the record which at the time of 2657 expungement is no longer a crime, except in cases where the elements of the original criminal 2658 offense continue to be a crime under a different designation. 2659 (3) demonstrable errors by law enforcement; 2660 (4) demonstrable errors by civilian or expert witnesses; 2661 (5) demonstrable errors by court employees; or 2662 (6) demonstrable fraud perpetrated upon the court. 2663 (b) The court shall have the discretion to order an expungement pursuant to this section 2664 based on what is in the best interests of justice. Prior to entering an order of expungement 2665 pursuant to this section, the court shall hold a hearing if requested by the petitioner or the district 2666 attorney. Upon an order of expungement, the court shall enter written findings of fact. 2667 (c) The court shall forward an order for expungement pursuant to this section forthwith to 2668 the clerk of the court where the record was created, to the commissioner and to the commissioner 2669 of criminal justice information services appointed pursuant to section 167A of chapter 6. 2670 Section 100L. (a) Upon receipt of an order by a court pursuant to section 100F, section 2671 100G, section 100H or section 100K the commissioner, the clerk of court where the record was 2672 created and the commissioner of criminal justice information services appointed pursuant to 2673 section 167A of chapter 6 shall: 2674 (1) expunge the record within the care, custody or control of the office, clerk’s office 2675 or department; 2676 (2) order all criminal justice agencies to expunge all publicly available police logs 2677 maintained pursuant to section 98F of chapter 41 within their care, custody or control. 2678 (b) Any criminal justice agencies receiving an order from the commissioner or the 2679 commissioner of criminal justice information services appointed pursuant to section 167A of 2680 chapter 6 pursuant to subsection (a), shall forthwith expunge all publicly available police logs 2681 maintained pursuant to section 98F of chapter 41 within their care, custody or control. Upon 2682 receipt of the order all criminal justice agencies shall, upon inquiry from any party, including 2683 without limitation, criminal justice agencies, a county agency, a municipal agency or a state 2684 agency, inform said party that no record exists. 2685 Section 100M. No person whose record was expunged pursuant to section 100F, section 2686 100G, section 100H or section 100K shall be held under any provision of any law to be guilty of 2687 perjury or otherwise giving a false statement by reason of the person's failure to recite or 2688 acknowledge such record, or portion thereof, in response to any inquiry made of him or her for 2689 any purpose. 2690 Section 100N. (a) A record expunged pursuant to section 100F, section 100G, section 2691 100H or section 100K shall not operate to disqualify a person in any examination, appointment 2692 or application for employment with any county agency, municipal agency or state agency nor 2693 shall such expunged records be admissible in evidence or used in any way in any court 2694 proceedings or hearings before any boards or commissions or in determining suitability for the 2695 practice of any trade or profession requiring licensure. No county agency, municipal agency or 2696 state agency shall, directly or indirectly, when determining a person’s eligibility for examination, 2697 appointment or employment with any county agency, municipal agency or state agency require 2698 the disclosure of a criminal record expunged pursuant to section 100F, section 100G, section 2699 100H or section 100K. An applicant for examination, appointment or employment with any 2700 county agency, municipal agency or state agency whose record was expunged pursuant to section 2701 100F, section 100G, section 100H or section 100K may answer ‘no record’ with respect to an 2702 inquiry herein relative to prior arrests, criminal court appearances, juvenile court appearances, 2703 adjudications, or convictions. An applicant for examination, appointment or employment with 2704 any county agency, municipal agency or state agency whose record was expunged pursuant to 2705 section 100F, section 100G, section 100H or section 100K may answer ‘no record’ to an inquiry 2706 herein relative to prior arrests or criminal court appearances. 2707 (b) An application for employment used by any employer which seeks information 2708 concerning prior arrests or convictions of the applicant shall include the following statement: 2709 “An applicant for employment with a record expunged pursuant to section 100F, section 100G, 2710 section 100H or section 100K of chapter 276 of the General Laws may answer ‘no record’ with 2711 respect to an inquiry herein relative to prior arrests, criminal court appearances or convictions. 2712 An applicant for employment with a record expunged pursuant to section 100F, section 100G, 2713 section 100H or section 100K of chapter 276 of the General Laws may answer ‘no record’ to an 2714 inquiry herein relative to prior arrests, criminal court appearances, juvenile court appearances, 2715 adjudications or convictions. 2716 Section 100O. A petition for an expungement, any records related to a petition for an 2717 expungement, records related to judicial proceedings required to hear the petition for an 2718 expungement or an order of expungement pursuant to section 100F, section 100G, section 100H 2719 or section 100K shall not be a public record. Any information obtained by a county, municipal or 2720 state employee acting in their official capacity and related to a petition for or order for an 2721 expungement shall not be a public record as defined by clause twenty-sixth of section 7 of 2722 chapter 4 and shall be confidential information. Within 60 days of ordering an expungement 2723 pursuant to section 100F, section 100G, section 100H or section 100K the court and the 2724 commissioner shall expunge all records of the petition, the order and any related proceedings 2725 within their care, custody or control. 2726 Section 100P. The court shall exclude the general public from any judicial proceeding 2727 where the court will be hearing a petition for an expungement admitting only such persons as 2728 may have a direct interest in the case. 2729 Section 100Q. No person shall make records sealed pursuant to section 100A or section 2730 100B or expunged pursuant to section 100F, section 100G, section 100H or section 100K 2731 available for inspection in any form by any person. 2732 Section 100R. It shall be a violation of public policy for a district attorney to make a plea 2733 deal contingent on waiving a right to expunge. 2734 Section 100S. In a claim for negligence, an employer or landlord shall be presumed to 2735 have no notice or ability to know of a record that: (i) has been sealed or expunged; (ii) the 2736 employer is prohibited from inquiring about pursuant to subsection 9 of section 4 of chapter 2737 151B; or (iii) concerns crimes that the department of criminal justice information services cannot 2738 lawfully disclose to an employer or landlord. 2739 Section 100T. Upon sealing a record pursuant to section 100A or section 100B or upon 2740 receipt of an order of expungement pursuant to section 100F, section 100G, section 100H or 2741 section 100K the commissioner of the department shall notify the Federal Bureau of 2742 Investigation and the United States Department of Justice of said sealing or expungement and 2743 shall request said Federal Bureau of Investigation and the United States Department of Justice 2744 seal or expunge the record. 2745 Section 100U. The court, the office and the department may promulgate regulations for 2746 the administration and enforcement of sections 100E through 100T. 2747 SECTION 196. Section 1 of chapter 276A, as so appearing, is hereby amended by 2748 striking out, in lines 20 and 21, the words “certified or approved by the commissioner of 2749 probation under the provisions of section eight,”. 2750 SECTION 197. Section 2 of said chapter 276A, as so appearing, is hereby amended by 2751 striking out, in lines 6 and 7, inclusive, the words “who has reached the age of 18 years but has 2752 not reached the age of twenty-two,”. 2753 SECTION 198. Said chapter 276A is hereby further amended by striking out section 4, as 2754 so appearing, and inserting in place thereof the following section:- 2755 Section 4. In the event that an individual is charged with a violation of 1 or more of the 2756 offenses enumerated in the second sentence of section 70C of chapter 277, other than the 2757 offenses in subsection (a) of section 13A of chapter 265 and sections 13A and 13C of chapter 2758 268, or if the defendant is charged with an offense for which a penalty of incarceration greater 2759 than five years may be imposed or for which there is minimum term penalty of incarceration or 2760 which may not be continued without a finding or placed on file, this chapter shall not apply to 2761 that defendant. Diversion of a district court charges under this chapter shall not preclude a 2762 subsequent indictment on the same charges in superior court. 2763 SECTION 199. Section 5 of said chapter 276A, as so appearing, is hereby amended by 2764 inserting after the word “prosecution”, in line 10, the following words:- and any victims as 2765 defined in section 1 of chapter 258B. 2766 SECTION 200. Sections 8 and 9 of said chapter 276A are hereby repealed. 2767 SECTION 201. Said chapter 276A is hereby further amended by adding the following 2768 section:- 2769 Section 12. Nothing in this chapter or chapter 276B shall limit or govern the authority of 2770 a district attorney or a police department to divert an offender or to require a district attorney or 2771 police department to accept an offender into a program that they operate. 2772 SECTION 202. The General Laws are hereby amended by inserting after chapter 276A 2773 the following chapter:- 2774 CHAPTER 276B. 2775 RESTORATIVE JUSTICE. 2776 Section 1. As used in this chapter the following words shall have the following meanings 2777 unless the context clearly requires otherwise: 2778 “Community-based restorative justice program”, a voluntary program established on 2779 restorative justice principles that engages parties to a crime or members of the community in 2780 order to develop a plan of repair that addresses the needs of the parties and the community. 2781 Programs may include the parties to a case, their supporters and community members or 1-on-1 2782 dialogues between a victim and an offender. 2783 “Restorative justice”, a voluntary process whereby offenders, victims and members of the 2784 community collectively identify and address harms, needs and obligations resulting from an 2785 offense, in order to understand the impact of that offense; provided, however, that an offender 2786 shall accept responsibility for their actions and the process shall support the offender as the 2787 offender makes reparation to the victim or to the community in which the harm occurred. 2788 Section 2. Participation in a community-based restorative justice program shall be 2789 voluntary and may be available to both a juvenile and adult defendant. A juvenile or adult 2790 defendant may be diverted to a community-based restorative justice program pre-arraignment or 2791 at any stage of a case with the consent of the district attorney and the victim. Restorative justice 2792 may be a final case disposition, with judicial approval. If a juvenile or adult defendant 2793 successfully completes the community-based restorative justice program, the charge shall be 2794 dismissed. If a juvenile or adult defendant does not successfully complete the program or is 2795 found to be in violation of program requirements, the case shall be returned to the court in which 2796 it was arraigned in order to commence with proceedings. Nothing in this chapter shall be 2797 construed to prohibit pre-arraignment law enforcement based programs and other programs. 2798 Section 3. A person shall not be eligible to participate in a community-based restorative 2799 justice program prior to conviction or adjudication if that person is charged with: (i) a sexual 2800 offense as defined in section 1 of chapter 123A; (ii) an offense against a family or household 2801 member as defined in section 13M of chapter 265; or (iii) an offense resulting in serious bodily 2802 injury or death. 2803 Section 4. Participation in a community-based restorative justice program shall not be 2804 used as evidence or as an admission of guilt, delinquency or civil liability in current or 2805 subsequent legal proceedings against any participant. Any statement made by a juvenile or adult 2806 defendant during the course of an assignment to a community-based restorative justice program 2807 shall be confidential and shall not be subject to disclosure in any judicial or administrative 2808 proceeding and no information obtained during the course of such assignment shall be used in 2809 any stage of a criminal investigation or prosecution or civil or administrative proceeding; 2810 provided, however, that nothing in this section shall preclude any evidence obtained through an 2811 independent source or that would have been inevitably discovered by lawful means from being 2812 admitted at such proceedings. 2813 Section 5. (a) There shall be established a restorative justice advisory committee to 2814 review community-based restorative justice programs. The advisory committee shall consist of 2815 17 members: 1 of whom shall be: the secretary of public safety and security or a designee who 2816 shall serve as chair; 1 of whom shall be the secretary of health and human services or a designee; 2817 1 of whom shall be a member of the house of representatives appointed by the speaker; 1 of 2818 whom shall be a member of the senate appointed by the senate president; 1 of whom shall be; the 2819 president of the Massachusetts district attorneys association, or a designee; 1 of whom shall be 2820 the chief counsel of the committee for public counsel services or a designee; 1 of whom shall be 2821 the commissioner of probation or a designee; 1 of whom shall be the president of the 2822 Massachusetts chiefs of police association, or a designee; 1 of whom shall be the executive 2823 director of the Massachusetts office for victim assistance or a designee; 1 of whom shall be the 2824 executive director of the Massachusetts sheriff’s association, or a designee; and 7 of whom shall 2825 be appointed by the governor, 1 of whom shall be a retired trial court judge and 6 of whom shall 2826 be representatives of community-based restorative justice programs or a member of the public 2827 with expertise in restorative justice. Each member of the advisory committee shall serve a 6-year 2828 term. 2829 (b) The advisory committee may monitor and assist all community-based restorative 2830 justice programs to which a juvenile or adult defendant may be diverted pursuant to this chapter. 2831 (c) The advisory committee shall track the use of community-based restorative justice 2832 programs through a partnership with an educational institution and may make legislative, policy 2833 and regulatory recommendations to aid in the use of community-based restorative justice 2834 programs including, but not limited to: (i) qualitative and quantitative outcomes for participants; 2835 (ii) recidivism rates of responsible parties; (iii) criteria for youth involvement and training; (iv) 2836 cost savings for the commonwealth; (v) training guidelines for restorative justice facilitators; (vi) 2837 data on gender, racial socioeconomic and geographic disparities in the use of community-based 2838 restorative justice programs; (vii) guidelines for restorative justice best practices; and (viii) 2839 appropriate training for community-based restorative programs. 2840 (d) The advisory committee shall annually submit a report with findings and 2841 recommendations to the governor, the clerks of the house of representatives and senate and the 2842 joint committees on the judiciary and public safety and homeland security annually, no later than 2843 December 31. 2844 SECTION 203. Section 70C of chapter 277 of the General Laws, as appearing in the 2845 2016 Official Edition, is hereby amended by striking out, in line 8, the word “, chapter 119”. 2846 SECTION 204. Said section 70C of said chapter 277, as so appearing, is hereby further 2847 amended by inserting after the figure “265”, in line 9, the following words;- , section 25 of 2848 chapter 266, 2849 SECTION 205. Said section 70C of said chapter 277, as so appearing, is hereby further 2850 amended by striking out, in lines 10 and 11, the figures “13B1/2, 13B3/4, 13C, 14, 14B, 15, 15A, 2851 16, 17, 18, 19, 20, 22A, 22B, 22C, 23, 23A, 23B” and inserting in place thereof the following 2852 figures:- 13C, 14, 14B, 15, 15A, 16, 17, 18, 19, 20, 23. 2853 SECTION 206. Section 1 of chapter 279 of the General Laws, as so appearing, is hereby 2854 amended by adding the following paragraph:- 2855 When a person is sentenced to pay a fine of any amount or is assessed fines, fees, costs, 2856 civil penalties or other expenses at disposition of a case, the court shall inform that person that: 2857 (i) nonpayment of the fines, fees, costs, civil penalties or expenses may result in commitment to 2858 a correctional facility; (ii) payment must be made by a date certain; (iii) failure to appear at such 2859 date certain or failure to make the payment may result in the issuance of a default; and (iv) if an 2860 inability to pay exists as the result of a change in financial circumstances or for any other reason, 2861 the person has a right to address the court if the person alleges that such assessed fines, fees, 2862 costs, civil penalties or other expenses would cause a substantial financial hardship to the person, 2863 the person’s immediate family or the person’s dependents. 2864 SECTION 207. Said chapter 279 is hereby further amended by inserting after section 6A 2865 the following section:- 2866 Section 6B. (a) As used in this section the following words shall have the following 2867 meanings unless the context clearly requires otherwise: 2868 “Dependent child”, a person under 18 years of age. 2869 “Primary caretaker of a dependent child”, a parent with whom a child has a primary 2870 residence. 2871 (b) Unless a sentence of incarceration is required by law, the court may, upon conviction, 2872 consider the defendant’s status as a primary caretaker of a dependent child before imposing a 2873 sentence. A defendant may request such consideration, by motion supported by an affidavit, not 2874 more than 10 days after the entry of judgment. Upon receipt of such a motion supported by an 2875 affidavit, the court shall make written findings concerning the defendant’s status as a primary 2876 caretaker of a dependent child and alternatives to incarceration. If such a motion has been filed, 2877 the court shall not impose a sentence of incarceration without first making such written findings. 2878 SECTION 208. The second paragraph of section 6A of chapter 280 of the General Laws, 2879 as appearing in the 2016 Official Edition, is hereby amended by striking out the second sentence 2880 and inserting in place thereof the following sentence:- The court or justice may waive all or any 2881 part of said cost assessment upon a finding that such payment would cause a substantial financial 2882 hardship to the person, the person’s immediate family or the person’s dependents. 2883 SECTION 209. The first paragraph of section 6B of said chapter 280, as so appearing, is 2884 hereby amended by striking out the fourth sentence and inserting in place thereof the following 2885 sentence:- The court or justice may waive all or any part of said assessment upon a finding that 2886 such payment would cause a substantial financial hardship to the person, the person’s immediate 2887 family or the person’s dependents. 2888 SECTION 210. The first paragraph of said section 368 of chapter 26 of the acts of 2003, 2889 as amended by section 10 of chapter 303 of the acts of 2006 is hereby further amended by 2890 inserting after the third sentence the following sentence:- 2891 However, the parole board shall not assess said parole fee upon any person granted a parole 2892 permit for the first year said person is on parole. 2893 SECTION 211. The first paragraph of said section 368 of chapter 26, as so amended, is 2894 hereby further amended by striking out the fourth and fifth sentences and inserting in place 2895 thereof the following 2 sentences:- The parole board may waive payment of said parole fee if it 2896 determines that such payment would constitute a substantial financial hardship to said person or 2897 the person’s immediate family or dependents. Any such waiver so granted shall continue to be in 2898 effect during the period of time that said person is determined to be unable to pay the monthly 2899 parole fee. 2900 SECTION 212. The second paragraph of said section 368 of said chapter 26, as so 2901 amended, is hereby further amended by inserting after the second sentence the following 2902 sentence:- 2903 However, the parole board shall not assess said surcharge upon any person granted a parole 2904 permit for the first year said person is on parole. 2905 SECTION 213. The second paragraph of said section 368 of said chapter 26, as so 2906 appearing, is hereby further amended by striking out the third and fourth sentences and inserting 2907 in place thereof the following 2 sentences:- The parole board may waive payment of said 2908 surcharge if it determines that such payment would constitute a substantial financial hardship to 2909 said person or the person’s immediate family or dependents. Any such waiver so granted shall 2910 continue to be in effect during the period of time that said person is determined to be unable to 2911 pay the monthly parolee victim services surcharge. 2912 SECTION 214. Notwithstanding any special or general law to the contrary, within 180 2913 days of the effective date of this act, all previously unsubmitted investigatory sexual assault 2914 evidence kits containing forensic samples collected during a medical forensic exam in medical 2915 facilities or other facilities that collect kits, shall be submitted to law enforcement. Non- 2916 investigatory kits shall be safely stored by a governmental entity in a manner that preserves 2917 evidence for the duration of the statute of limitations. Non-investigatory kits shall not be 2918 transferred to the crime laboratory. Within 180 days of enactment, each law enforcement agency 2919 shall submit all previously unsubmitted investigatory sexual assault evidence kits , including 2920 those past the statute of limitations, to the crime laboratory within the department of the state 2921 police or such crime laboratory operated by a police department of a municipality with a 2922 population of more than 150,000.. The crime laboratory within the department of the state police 2923 or an accredited private crime laboratory designated by the secretary of public safety and security 2924 shall test all previously unsubmitted investigatory sexual assault kits within 180 days of receipt 2925 from local law enforcement. In cases where testing results in a DNA profile, the crime laboratory 2926 shall enter the full profile into CODIS and the state DNA database. 2927 SECTION 215. (a) Not later than December 1, 2019, the executive office of public safety 2928 and security shall ensure that statewide policies and procedures for law enforcement shall be 2929 adopted concerning contact with victims and notification concerning sexual assault evidence kits. 2930 The policies and procedures shall be evidence-based and survivor-focused and shall require that: 2931 (i) each agency designate at least 1 person, who is trained in trauma and victim response, to 2932 receive all inquiries concerning sexual assault evidence kits and to serve as a liaison between the 2933 agency and the victim; and (ii) victims of sexual assault be provided with the contact information 2934 for the designated liaison at the time that a sexual assault evidence kit is collected. 2935 (b) In advance or at the time of the medical forensic examination or law enforcement 2936 interview, a medical professional, a victim advocate, a law enforcement officer or a district 2937 attorney shall provide a victim of sexual assault with a physical document developed by the 2938 executive office of public safety and security identifying the victim’s rights under law. 2939 (c) Under this section all victims of sexual assault shall have the right to: 2940 (i) consult with a sexual assault victim advocate, upon availability and request, who 2941 shall have confidentiality and privilege and waiving this right to a victim advocate in 1 instance 2942 shall not negate this right. The medical facility, a law enforcement officer, or a prosecutor shall 2943 inform the victim of this right prior to commencement of a medical forensic examination or law 2944 enforcement interview, and shall not continue unless such right is knowingly and voluntarily 2945 waived; 2946 (ii) request information on the location, testing date and testing results of a kit, 2947 whether a DNA sample was obtained from the kit, whether or not there are matches to DNA 2948 profiles in state and federal databases and the estimated destruction date for the kit, if applicable, 2949 in a manner of communication designated by the victim; 2950 (iii) be informed when there is any change in the status of their case, including if the 2951 case has been closed or reopened; 2952 (iv) designate a person of the victim's choosing to act as a recipient of the information 2953 provided under this subsection; 2954 (v) be informed on how to file a report with law enforcement and have their sexual 2955 assault evidence kit tested in the future if the victim has chosen not to file a report or have the kit 2956 tested at the time the kit was collected; and 2957 (vi) be informed of the right to apply for victim compensation. 2958 SECTION 216. Notwithstanding any general or special law to the contrary, the 2959 multidisciplinary task force established by section 11 of this act shall consider available funding 2960 opportunities including, but not limited to the following grant programs: Bureau of Justice 2961 Sexual Assault Kit Initiative (SAKI) grant program; the Sexual Assault Forensic Evidence- 2962 Inventory, Tracking and Reporting Program (SAFE-ITR) grant; the DNA Capacity Enhancement 2963 and Backlog Reduction (Debbie Smith) grant; the Edward Byrne Memorial Justice Assistance 2964 Grant (JAG) Program; and the Victims of Crime Act Victim Assistance grant. The 2965 multidisciplinary task force shall also investigate opportunities to utilize software from outside 2966 jurisdictions including, but not limited to, the Idaho State Police and the city of Portland, 2967 Oregon’s free tracking software. 2968 SECTION 217. (a) Notwithstanding any special or general law to the contrary, there shall 2969 be a special commission established pursuant to section 2A of chapter 4 of the General Laws to 2970 conduct a study on the ability of a defendant to pay fines and fees. The commission shall consist 2971 of 9 members: 1 of whom shall be : the commissioner of the department of probation or the 2972 commissioner’s designee; 1 of whom shall be the commissioner of the department of revenue or 2973 the commissioner’s designee; 1 of whom shall be a member of the house of representatives to be 2974 appointed by the speaker of the house; 1 of whom shall be a member of the house of 2975 representatives to be appointed by the minority leader of the house; 1 of whom shall be a 2976 member of the senate to be appointed by the senate president; 1 of whom shall be a member of 2977 the senate to be appointed by the senate minority leader; 1 of whom shall be appointed by the 2978 parole board; 1 of whom shall be appointed by the committee for public counsel services; and 1 2979 of whom shall be appointed by the executive director of the American Civil Liberties Union of 2980 Massachusetts, Inc. 2981 (b) The study shall include, but not be limited to: 2982 (i) the establishment of a uniform definition and standards for evaluating a 2983 substantial financial hardship; 2984 (ii) the feasibility of enabling the department of probation and the parole board to 2985 access department of revenue records to ascertain whether a defendant is indigent 2986 or would suffer a substantial financial hardship if ordered to pay fines or fees; and 2987 (iii) the impact of registry of motor vehicle fines on defendants of limited income. 2988 (c) The commission shall file the findings of its study by December 31, 2018, with the 2989 clerks of the house and the senate, who shall forward a copy of the report to the chairs of the 2990 house and senate committees on ways and means and the house and senate chairs of the joint 2991 committee on the judiciary. 2992 SECTION 218. (a) Notwithstanding any general law or special law to the contrary, there 2993 shall be a special commission to study the health and safety of lesbian, gay, bisexual, 2994 transgender, queer, and intersex prisoners in correctional institutions, jails and houses of 2995 correction to evaluate current access to appropriate healthcare services and health outcomes. 2996 (b) The special commission shall consist of 8 members: 1 of whom shall be appointed by 2997 the department of correction who works in corrections; 1 of whom shall be a sheriff appointed by 2998 the Massachusetts Sheriffs Association; 1 of whom shall be a former judge appointed by the 2999 chief justice of the supreme judicial court; 1 of whom shall be appointed by the governor who 3000 shall be a representative of a healthcare provider with expertise in transgender healthcare; 1 of 3001 whom shall be appointed by the national association of social workers; 1 of whom shall be 3002 appointed by Prisoners’ Legal Services; and 2 members shall be appointed by the attorney 3003 general, 1 of whom shall be a representative of an organization specializing in the advocacy, 3004 education, direct service and organizing of currently and formerly incarcerated lesbian, gay, 3005 bisexual, transgender and queer individuals and 1 of whom shall be a representative of legal 3006 advocates with expertise in advocating for lesbian, gay, bisexual, transgender, queer and intersex 3007 individuals in the criminal justice system. 3008 (c) The members of the special commission shall be provided access to all state prisons 3009 and houses of correction in the commonwealth and shall be allowed to interview prisoners and 3010 staff to the extent practicable. The special commission shall gather information that includes, but 3011 shall not be limited to: (i) the number of prisoners who have received diagnoses of gender 3012 dysphoria or transition-related healthcare; (ii) the number of prisoners who have been denied 3013 diagnoses of gender dysphoria or transition-related healthcare; (iii) the number of denied 3014 requests for an alternative housing or facility placement by prisoners in connection with their 3015 gender identity and the reasons for the denial; and (iv) training provided to department staff and 3016 contracted health professionals on lesbian, gay, bisexual, transgender, queer and intersex cultural 3017 competency. 3018 (d) The special commission shall prepare a report that shall include specific 3019 recommendations to improve outcomes, a timeline by which specific tasks or outcomes shall be 3020 achieved and recommendations for improving prisoner health and safety that shall be published 3021 not more than 1 year after the effective date of this act. The special commission shall submit its 3022 final report evaluating implementation of its recommendations not more than 3 years after the 3023 effective date of this act to the governor, the attorney general and the joint committee on the 3024 judiciary and the report shall be publicly available. 3025 SECTION 219. (a) There shall be a special commission to study the prevention of suicide 3026 among correction officers in Massachusetts correctional facilities.. The commission shall consist 3027 of 13 members: 1 of whom shall be: the secretary of the executive office of public safety or the 3028 secretary’s designee who shall serve as chair; 1 of whom shall be the commissioner of the 3029 department of correction or the commissioner’s designee; 1 of whom shall be the commissioner 3030 of the department of public health or the commissioner’s designee; 1 of whom shall be the 3031 commissioner of the department of mental health or the commissioner’s designee; 1 of whom 3032 shall be a person appointed by the speaker of the house of representatives; 1 of whom shall be a 3033 person appointed by the minority leader in the house of representatives; 1 of whom shall be a 3034 person appointed by the president of the senate; 1 of whom shall be a person appointed by the 3035 minority leader of the senate; 1 of whom shall be appointed by the president of the 3036 Massachusetts correction officers federated union or their designee; 1 of whom shall be 3037 appointed by the president of the Massachusetts Psychological Society or designee; 1 of whom 3038 shall be appointed by the president of the New England Police Benevolent Association, Inc., or 3039 designee; and 2 persons to be appointed by the governor; 1 of whom shall be a representative of 3040 an organization that specializes in suicide prevention and 1 of whom shall be a representative of 3041 an organization that represents Massachusetts sheriffs. Each member shall serve without 3042 compensation. 3043 (b) The commission shall review the state of suicide prevention programs in 3044 Massachusetts’ correctional facilities and develop model plans, recommend program changes, 3045 highlight budget priorities and recommend best practices that could be utilized to reduce 3046 correction officer suicide and attempted suicide. The commission shall: (i) examine and evaluate 3047 the current jail and prison suicide prevention policies; (ii) examine and evaluate suicide 3048 prevention training for correctional facility staff; (iii) provide recommendations for improving 3049 suicide identification and intervention for correctional facility staff; (iv) develop 3050 recommendations for providing mental health counseling services to correction officers that have 3051 a need for such services; (v) examine ways in which correctional facilities can reduce stress, 3052 anxiety and depression among correction officers; and (vi) examine training programs for 3053 incoming correction officers and develop recommendations for programs to include a discussion 3054 of mental preparedness. 3055 (c) The commission may hold public hearings to assist in the collection and evaluation of 3056 data and testimony. 3057 (d) The commission shall submit its findings and recommendations relative to suicide 3058 prevention, together with drafts of legislation necessary to carry those recommendations into 3059 effect, by filing the same with the clerks of the house of representatives and senate, the house 3060 and senate committees on ways and means, the joint committee on public safety and homeland 3061 security and the joint committee on mental health and substance abuse not later than December 3062 31, 2018. 3063 SECTION 220. (a) There shall be a bail reform special commission established pursuant 3064 to section 2A of chapter 4 of the General Laws, referred to in this section as the commission.. 3065 The commission shall evaluate policies and procedures related to the current bail system and 3066 recommend improvements or changes. 3067 (b) The commission shall consist of 19 members: 2 of whom shall be members of the 3068 house of representatives appointed by the speaker of the house of representatives; 1 of whom 3069 shall be a member of the house of representatives appointed by the minority leader of the house 3070 of representatives; 2 of whom shall be members of the senate appointed by the president of the 3071 senate; 1 of whom shall be a member of the senate appointed by the minority leader of the 3072 senate; 1 of whom shall be; the chief justice of the supreme judicial court or the chief justice’s 3073 designee; 1 of whom shall be the chief justice of the superior court or the chief justice’s 3074 designee; 1 of whom shall be the chief administrative justice of the district court or the chief 3075 administrative justice’s designee; 1 of whom shall be the commissioner of probation or the 3076 commissioner’s designee; 1 of whom shall be the chief counsel of the committee for public 3077 counsel services or the chief counsel’s designee; 1 of whom shall be appointed by the American 3078 Civil Liberties Union of Massachusetts, Inc.; 1 of whom shall be appointed by Massachusetts 3079 Association of Criminal Defense Lawyers, Inc.; 1 of whom shall be the attorney general, or the 3080 attorney general’s designee; 2 of whom shall be members of the Massachusetts District 3081 Attorneys Association, including 1 of whom shall be the president, or their designees, and; 1 of 3082 whom shall be the governor, or the governor’s designee.. The speaker of the house of 3083 representatives and the president of the senate shall each appoint 1 co-chair of the commission 3084 from among its members. Members of the commission shall serve without compensation. 3085 (b) The commission shall submit its final report to the governor, the house and senate 3086 chairs of the joint committee on the judiciary, the house and senate chairs of the joint committee 3087 on public safety and homeland security and the chief justice of the trial court not later than June 3088 30, 2019 which shall include: (i) an evaluation of the potential to use risk assessment factors as 3089 part of the pretrial system regarding bail decisions, including the potential to use risk assessment 3090 factors to determine when defendants should be released, with or without conditions, without 3091 bail and when bail should be set; (ii) an evaluation of the impact of eliminating cash bail and 3092 recommendations, if any, for doing so; (iii) an evaluation of the setting of conditions on 3093 defendants when they are released with or without bail and if changes should be made to the 3094 setting of conditions; (iv) an evaluation of any disparate impact on defendants because of gender, 3095 race, gender identity or other protected class status in the pretrial system and recommend any 3096 changes that may minimize any such impact that is found; and (v) proposed statutory changes 3097 concerning the pretrial system 3098 SECTION 221. (a) Notwithstanding any special or general law to the contrary, there shall 3099 be a task force to examine and study the treatment and impact of individuals ages 18 to 24 in the 3100 court system and correctional system. 3101 (b) The task force shall consist of 20 members: 1 of whom shall be: the secretary of 3102 health and human services or the secretary’s designee, 1 of whom shall be; the secretary of 3103 public safety and security or the secretary’s designee, 1 of whom shall be; the commissioner of 3104 youth services or the commissioner’s designee; 1 of whom shall be the commissioner of the 3105 department of correction or the commissioner’s designee; 1 of whom shall be the commissioner 3106 of probation or the commissioner’s designee; 1 of whom shall be the chief justice of the district 3107 court or the chief justice’s designee; 1 of whom shall be the chief justice of the Boston municipal 3108 court or the chief justice’s designee; 1 of whom shall be the chief justice of the juvenile court 3109 department or the chief justice’s designee; 1 of whom shall be the director of the juvenile court 3110 clinic or the director’s designee; 1 of whom shall be a designee of the Massachusetts District 3111 Attorneys Association; the chief counsel of the committee for public counsel services; 2 of 3112 whom shall be appointed by the governor, 1 of whom shall have expertise in the neurological 3113 development of young adults and 1 of whom shall whom shall have expertise in young adult 3114 justice; 1 of whom shall be a member appointed by the speaker of the house of representatives 3115 who shall serve as co-chair; 1 of whom shall be a member appointed by the president of the 3116 senate who shall serve as co-chair; 1 of whom shall be a member appointed by the minority 3117 leader of the house of representatives; 1 member appointed by the minority leader of the senate; 3118 1 of whom shall be a member appointed by American Federation of State, County and Municipal 3119 Employees Council 93 who shall be an employee of the department of youth services and have 3120 not less than 5 years of experience working in a department of youth services secure facility; 1 of 3121 whom shall be the executive director of Citizens for Juvenile Justice, Inc or the executive 3122 director’s designee; and 1 of whom shall be appointed by the Massachusetts Sheriff’s 3123 Association. 3124 (c) The task force shall evaluate the advisability, feasibility and impact of changing the 3125 age of juvenile court jurisdiction to defendants younger than 21 years of age. The study shall 3126 include, but not be limited to: 3127 (i) the benefits and disadvantages of including 18 to 20 year olds in the juvenile justice 3128 system; 3129 (ii) the impact of integrating 18 to 20 year olds into the under-18 population in the care 3130 and custody of the department of youth services; 3131 (iii) the ability to segregate young adults in the care and custody of the department of 3132 youth services from younger juveniles in such care; and 3133 (iv) the potential costs to the state court system and state and local law enforcement. 3134 The task force shall consider resources and facilities, if any, that could be reallocated 3135 from the adult system to the juvenile system and the advisability and feasibility of establishing a 3136 separate young adult court for persons aged 18 to 24. 3137 (d) The task force shall also make recommendations for the establishment, 3138 implementation and provision to young adults, aged 18 to 24, who have been committed to the 3139 department of correction or a county correctional facility with increased and targeted age- 3140 appropriate programming and the establishment of young adult correctional units as authorized 3141 in section 48B of chapter 127 of the General Laws. The study shall include, but not be limited to: 3142 (i) identifying the need and resources necessary to provide appropriate training to 3143 corrections and court staff, community supervision staff and behavioral health 3144 providers; 3145 (ii) recommendations for programmatic development including, youth development and 3146 mentoring programs, mental health access, anger management and de-escalating 3147 conflicts, education opportunities and employment and vocational training; 3148 (iii) recommendations to improve access to family and increase family involvement; 3149 (iv) identifying opportunities to partner with or access appropriate programs or services 3150 within the department of youth services; 3151 (v) identifying any costs or savings from implementing such programs and identifying 3152 any grants or other opportunities to reduce such costs; 3153 (vi) reviewing policies and best practices from other jurisdictions and experts in the field; 3154 (vii) reviewing existing models and programs currently being provided; and 3155 (viii) identifying any costs related to the implementation of new protocols for correction’s 3156 and court staff, community supervision staff and behavioral health providers. 3157 (e) The task force shall submit its findings to the clerks of the house of representatives 3158 and the senate not later than July 1, 2019 and the clerks shall forward the report to the house and 3159 senate chairs of the joint committee on the judiciary and the house and senate chairs of the joint 3160 committee on ways and means. 3161 SECTION 222. The secretary of elder affairs and the secretary of public safety and 3162 security, in consultation with the attorney general, the Massachusetts chapter of AARP, the 3163 Massachusetts chapter of the National Academy of Elder Law Attorneys and a representative 3164 from an aging services access point, shall report to the general court on elder protection laws. 3165 The report shall include, but not be limited to: (i) the effectiveness of existing elder protection 3166 laws; (ii) the preservation of the autonomy of elders in the context of elder protection laws; (iii) 3167 additional legislative or regulatory changes that would further strengthen elder protection laws; 3168 and (iv) opportunities presented by the Elder Abuse Prevention and Prosecution Act, Public Law 3169 No. 115-70. The report shall be submitted with drafts of any recommended legislation to the 3170 clerks of the house of representatives and the senate and the chairs of the joint committee on 3171 elder affairs and the joint committee on the judiciary not later than December 31, 2018. 3172 SECTION 223. (a) Notwithstanding any general or special law to the contrary, there 3173 shall be established a panel on justice-involved women to review and report on the impact of this 3174 act and other criminal laws on women and make recommendations on gender-responsive and 3175 trauma-informed approaches to address the pretrial, incarceration and rehabilitation needs of 3176 justice-involved women. The panel shall review and consider improvements including, but not 3177 limited to, family visitation policies, available reproductive health care, gender-specific, pretrial 3178 services and programming offered within correctional institutions and post-release transitional 3179 assistance and supports for women. 3180 (b) The panel shall be chaired by the commissioner of the department of corrections or a 3181 designee and shall consist of the commissioner of the department of children and families or a 3182 designee, the commissioner of the department of mental health or a designee, the commissioner 3183 of the department of public health or a designee, the commissioner of the office of probation a 3184 member of the house of representatives appointed by the speaker of the house, a member of the 3185 senate appointed by the senate president, a member of the Massachusetts’ sheriffs association, 3186 and persons representing justice-involved women, re-entry programs, trauma-informed programs 3187 and training, domestic violence prevention and 1 person who has been incarcerated. Members of 3188 the panel shall be appointed not later than 60 days after the effective date of this act. The panel 3189 shall meet at least twice annually and shall review reports, data and other information related to 3190 justice-involved women. 3191 (c)The panel shall annually, not later than December 31, issue a report of its review and 3192 recommendations to the house and senate chairs of the joint committee on the judiciary, the 3193 clersk of the senate and house of representatives and the chairs of the women’s caucus task force 3194 on justice-involved women. 3195 SECTION 224. The department of correction, in consultation with the department of 3196 telecommunications and cable, shall study and report on: (i) the cost of local and long-distance 3197 telephone service provided to prisoners in department of correction facilities and houses of 3198 correction; (ii) a comparison of the rates with comparable residential telephone service; and (iii) 3199 information relative to commissions and revenue collected as part of telephone services provided 3200 to prisoners in department of correction facilities and houses of correction. The report shall be 3201 filed with the house and senate chairs of the joint committee on the judiciary, the house and 3202 senate chairs of the joint committee on public safety and security and the house and senate chairs 3203 of the joint committee on telecommunications, utilities and energy not later than December 31. 3204 2018. 3205 SECTION 225. (a) There shall be a restoration center commission in the former county 3206 of Middlesex to plan and implement a county restoration center and program to divert persons 3207 suffering from mental illness or substance use disorder who interact with law enforcement or the 3208 court system during a pre-arrest investigation or the pre-adjudication process from lock-up 3209 facilities and hospital emergency departments to appropriate treatment. 3210 (b)The commission shall consist of 11 members: the Middlesex county sheriff or a 3211 designee who shall serve as co-chair; a representative from the Massachusetts Association for 3212 Mental Health who shall serve as co-chair; a representative of the National Alliance for Mental 3213 Illness Massachusetts; a representative from the Middlesex County Chiefs Association, from 3214 police departments within Middlesex county that have received critical incident training or have 3215 established a local jail diversion program; a representative from the Association for Behavioral 3216 Healthcare, Inc.; 1 member of the senate appointed by the senate president; a; 1 member of the 3217 house of representatives appointed by the speaker of the house; a representative from the 3218 department of mental health with knowledge of sequential intercept mapping and forensic 3219 services; a representative from the department of public health with knowledge of sequential 3220 intercept mapping and forensic services; a representative from the trial courts who shall be 3221 appointed by the chief justice of the trial court and who shall have specialty court experience or 3222 probation experience within Middlesex county; and a representative from MassHealth who shall 3223 have knowledge of insurance vehicles, including Medicaid. The commission shall hold its first 3224 meeting not later than 30 days after the effective date of this act. 3225 (c)The commission shall develop and implement a 3-year plan to build a restoration 3226 center in the former county of Middlesex. In the first year, the commission shall: (i) perform an 3227 examination of state and national best practices including, but not limited to, the Bexar County 3228 model, which has received national recognition from the federal Substance Abuse and Mental 3229 Health Services Administration for its success in diverting individuals with behavioral health 3230 issues away from the criminal justice system and into appropriate treatment; and (ii) review the 3231 current capacity of mental health providers within the former county of Middlesex to provide 3232 behavioral health services to individuals suffering from mental illness or substance use disorders 3233 who interact with law enforcement or the court system and the barriers they face to accessing 3234 treatment. In the second year, the commission shall develop a jail diversion program and an 3235 initial pilot focused on providing integrated community-based services from a centralized 3236 location and perform an analysis of potential costs and cost savings. In the third year, the 3237 commission shall develop a restoration center and secure funding for a subsequent 2-year period. 3238 (d) Within 1 year after the effective date of this act, the commission shall submit its 3239 findings and recommendations for a restoration center, together with drafts of legislation 3240 necessary to carry out those recommendations, including a report on the current capacity to 3241 provide behavioral health services to individuals suffering from mental illness or substance use 3242 disorder, which shall include, but not be limited to, the type of services pre-arrest, pre-release 3243 and post-release, location of services, types of patients served and barriers to diverting 3244 individuals away from the criminal justice system and into treatment. Within 2 years after the 3245 effective date of this act, the commission shall report on the outcome of the pilot programs and 3246 provide a full implementation plan for a restoration center including, but not limited to, 3247 deliverables, barriers to implementation and costs. Reports shall be submitted to the senate and 3248 house committees on ways and means, the joint committee on mental health and substance 3249 abuse, the executive office of public safety and security, the executive office of health and 3250 human services and the governor. The commission shall thereafter produce an annual report, 3251 which shall include, but not be limited to, a list of services and programs, populations served and 3252 financial information. 3253 SECTION 226. (a) Notwithstanding any general or special law to the contrary, there shall 3254 be a special commission established pursuant to section 2A of chapter 4 of the General Laws to 3255 review the qualifications and scope of practice of qualified examiners as defined in section 1 of 3256 chapter 123A of the General Laws. 3257 (b) The special commission shall consist of 13 members: 2 of whom shall be: the senate 3258 and house chairs of the joint committee on the judiciary or their designees, who shall serve as co- 3259 chairs; 1 of whom shall be the minority leader of the house of representatives or a designee; 1 of 3260 whom shall be the minority leader of the senate or a designee; 1 of whom shall be the secretary 3261 of public safety and security or a designee; 1 of whom shall be the commissioner of correction or 3262 a designee; 1 of whom shall be the commissioner of public health or a designee; 1 of whom shall 3263 be the executive director of the Massachusetts District Attorneys Association or a designee; 1 of 3264 whom shall be the executive director of the Massachusetts office of victim assistance or a 3265 designee; 1 of whom shall be the superintendent of the Massachusetts treatment center or a 3266 designee; 1 of whom shall be the executive director of the committee for public counsel services 3267 or a designee; 1 of whom shall be a representative of a professional association with expertise in 3268 the assessment and treatment of sexually dangerous persons; and 1 of whom shall be a person 3269 with experience in supervision of qualified examiners. The special commission shall consult with 3270 the sex offender registry board, the parole board, the department of probation and others as 3271 necessary to complete the commission’s work. 3272 (c) The special commission shall conduct a thorough review of the educational and 3273 experiential requirements for qualified examiners and the clinical standards and practices and 3274 risk assessment criteria used by qualified examiners in conducting an assessment of sexually 3275 dangerous persons as defined in section 1 of chapter 123A of the General Laws. The special 3276 commission shall determine whether these requirements, standards and practices reflect the 3277 current scientific research and best practice evidence in the field and make recommendations for 3278 revision of current professional requirements, clinical standards, practices and risk assessment 3279 criteria as needed to support effective practices among qualified examiners and to maximally 3280 ensure public safety. 3281 (d) The special commission shall submit its report and recommendations, together with 3282 drafts of legislation to carry its recommendations into effect, by filing the same with the clerks of 3283 the house of representatives and the senate not later than December 31, 2018. 3284 SECTION 227. The executive office of public safety and security may issue a temporary 3285 waiver from the requirements of section 1A of chapter 263 of the General Laws for a defined 3286 period of time to a police department that demonstrates, upon application to the executive office, 3287 that it has inadequate resources to implement that section. 3288 SECTION 228. (a) The secretary of public safety and security may use a phased 3289 implementation process to implement the sexual assault evidence kit tracking system required 3290 pursuant to sections 11, 24, and 216 of this Act and facilitate entry and use of the system for 3291 required participants not later than June 30, 2019. The secretary may phase initial participation 3292 according to region, volume or other appropriate classifications. All entities who have custody of 3293 sexual assault evidence kits shall fully participate in the system not later than December 1, 2019. 3294 (b)The secretary shall submit a report on the current status and plan for launching the 3295 system, including the plan for phased implementation, to the joint committee on the judiciary, 3296 and the governor not later than June 30, 2018. For the purpose of the report, a sexual assault 3297 evidence kit shall be assigned to the jurisdiction associated with the law enforcement agency 3298 anticipated to receive the sexual assault evidence kit or otherwise in the custody of the sexual 3299 assault evidence kit. 3300 (c) Local law enforcement agencies shall begin full participation in the system according 3301 to the implementation schedule established by the secretary which shall be not later than 1 year 3302 after the effective date of this act. 3303 (d) The department of state police and the Boston police department shall begin full 3304 participation in the system according to the implementation schedule established by the secretary 3305 which shall be not later than 1 year after the effective date of this act. 3306 (e) Hospitals shall begin full participation in the system according to the implementation 3307 schedule established by the secretary which shall be not later than 1 year after the effective date 3308 of this act. 3309 (f) District attorney offices shall begin full participation in the system according to the 3310 implementation schedule established by the secretary which shall be not later than 1 year after 3311 the effective date of this act. 3312 SECTION 229. All appointments to the juvenile justice policy and data board 3313 established in section 89 of chapter 119 of the General Laws shall be made not less than 90 days 3314 after the effective date of this act. 3315 SECTION 230. Regulations required by subsection (e) of section 39B and section 39E of 3316 chapter 127 of the General Laws shall be promulgated not later than December 31, 2018. 3317 SECTION 231. All appointments to the advisory committee established in section 5 of 3318 chapter 276B of the General Laws shall be made not later than October 1, 2018 and the first 3319 meeting of the advisory committee shall be held not later than December 1, 2018. 3320 SECTION 232. Sections 2, 5, 8, 10, 12, 13, 14, 15, 16, 17, 27, 31, 61, 62, 63, 64, 65, 66, 3321 67, 68, 69, 70, 71, 72, 73, 75, 76, 77, 78, 79, 80, 81, 130, 131, 132, 161, 168, 172, 185, and 207 3322 shall take effect 90 days after the effective date of this act. 3323 SECTION 233. Sections 18, 74, 106, 108, 110, 125, and 227 shall take effect on July 1, 3324 2019. 3325 SECTION 234. Sections 19 and 23 shall take effect 1 year after the effective date of this 3326 act. 3327 SECTION 235. Section 19 shall apply to convictions and adjudications entered on or 3328 after a date 1 year after the effective date of this act. 3329 SECTION 236. Sections 25, 26, 85, 86, 87, 88, 89, 91, 92, 93, 94, 95, and 96 shall take 3330 effect on December 31, 2018. 3331 SECTION 237. Sections 45, 46, 49, 50, 51, 57, and 111 shall apply to offenses 3332 committed after the effective date of this act. 3333 SECTION 238. Sections 47, 48, 52, 53, 54, 55, 56, and 60 shall apply to initial 3334 convictions occurring on or after the effective date of this act. 3335 SECTION 239. Sections 84, 90, 103, 104, 186, 187, 188, 189, 190, 191, 192, 193 194, 3336 and 195 of this act shall take effect 6 months after the effective date of this act.