Governor Deval Patrick's Budget Recommendation - House 1 Fiscal Year 2008

Governor's Budget Recommendation FY2008

Trial Court


Suggestions Awards Board

SECTION 5.   Section 31A of chapter 7 of the General Laws, as so appearing, is hereby amended by striking out, in line 19, the words "subject to appropriation, expend sums" and inserting in place thereof the following words:- retain a portion of new revenues received or savings generated in other items of appropriation and may expend these retained amounts without further appropriation.

 

Collection of Fraudulent Overpayments by DTA

SECTION 7.   The first paragraph of subsection (a) of section 30 of chapter 18 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by adding the following 2 sentences:- At the expiration of any period of probation or court supervision, the commissioner of probation shall provide the department with information regarding the amount of any uncollected balance of an overpayment obligation under the judgment or order of the court. The department may use any means provided by law to collect the balance under a judgment or order of a court, or to collect an overpayment obligation established by an administrative hearing decision of the department or by voluntary agreement.

 

Court Ordered Evaluations of Competency to Stand Trial (1 of 2)

SECTION 29.   Section 15 of chapter 123 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out paragraph (b) and inserting in place thereof the following paragraph:-

          (b) If after the examination described in paragraph (a), the court has reason to believe that further examination is necessary in order to determine whether mental illness or mental defect have so affected a person that he is not competent to stand trial or not criminally responsible for the crime or crimes with which he has been charged, the court may order further examination. Unless the person is committed in accordance with this section, the examination shall be completed within 20 days, or such other period of time as the court may order. The examination shall be conducted by 1 or more qualified physicians or 1 or more qualified psychologists and shall be conducted at the court house if the person is released on recognizance, at the place of detention where the person is being held, or other less restrictive setting as might be ordered by the court, unless the court makes written findings, based on the examination described in paragraph (a), or such further evidence as the court may require that (1) the person is mentally ill; (2) failure to commit the person for observation and further examination would cause likelihood of serious harm; and, (3) observation or further examination being ordered cannot be adequately or safely provided at the court house, a place of detention, or other less restrictive setting, in which case the court may order that the person be committed to a facility or, if the person is a male and appears to require strict security, at the Bridgewater state hospital, for a period not to exceed 20 days for observation and further examination. No order shall be issued for further observation or examination of criminal responsibility unless the court certifies that the order is issued in compliance with Rule 14 of the Massachusetts Rules of Criminal Procedure. Copies of the complaints or indictments and the physician's or psychologist's report under paragraph (a) shall be made available to the qualified physician or psychologist, and if the person is committed shall be delivered to the facility or the hospital with the person. If, before the expiration of this 20-day period, an examining qualified physician or an examining qualified psychologist completes the examination, upon 5 days notice and the filing of the report of the examination, any person committed under this section shall be returned to the court for proceedings as the court considers warranted. If, before the expiration of the 20-day period, an examining qualified physician or examining qualified psychologist believes that observation for more than 20 days is necessary, he shall so notify the court and shall request in writing an extension of the 20-day period, specifying the reason or reasons for which further observation is necessary. Upon the receipt of this request, the court may extend the observation period, but in no event shall the period exceed 40 days from the date of the initial court order of hospitalization. If a person who has been committed under this section requests continued care and treatment during the pendency of the criminal proceedings against him and the superintendent or medical director agrees to provide this care and treatment, the court may order the further commitment of the person at the facility or the Bridgewater state hospital. If the person requests to terminate this care and treatment, or the superintendent or medical director withdraws his agreement to provide this care and treatment, the person shall be returned immediately to the court for further proceedings that the court considers warranted.

 

Court Ordered Evaluations of Competency to Stand Trial (2 of 2)

SECTION 30.   Section 15 of said chapter 123, as so appearing, is hereby further amended by striking out paragraph (e) and inserting in place thereof the following paragraph:-

          (e) After a finding of guilty on a criminal charge, and prior to sentencing, the court may order a psychiatric or other clinical examination. If after this examination, the court has reason to believe that further examination and observation is necessary, it may, upon the making of written findings as provided in paragraph (b), also order a period of observation in a facility, or at the Bridgewater state hospital if the court determines that strict security is required and if the person is male. The purpose of this observation or examination shall be to aid the court in sentencing. If the person is committed under this section, the period of observation or examination shall not exceed 40 days. During this period of observation, the superintendent or medical director may petition the court for further commitment of the person. The court, after imposing sentence on the person, may hear the petition as provided in section 18, and if the court makes necessary findings as set forth in section 8, it may in its discretion commit the person to a facility or the Bridgewater state hospital. The order of commitment shall be valid for a period of 6 months. All subsequent proceedings for commitment shall take place under said section 18 in the district court which has jurisdiction of the facility or hospital. A person committed to a facility or Bridgewater state hospital under this section shall have this time credited against the sentence imposed as provided in paragraph (c) of said section 18.