03391001 - Commissioner of Probation

Account Description FY2010
0339-1001 Commissioner of Probation
For the office of the commissioner of probation; provided, that notwithstanding any general or special law or rule or regulation to the contrary, the commissioner, subject to appropriation, shall have exclusive authority to appoint, dismiss, assign and discipline probation officers, associate probation officers, probation officers-in-charge, assistant chief probation officers and chief probation officers; provided further, that associate probation officers shall only perform in-court functions and shall assume the in-court duties of the currently employed probation officers who shall be reassigned within the probation service, subject to collective bargaining agreements, to perform intensive, community-based supervision of probationers, including the intensive supervision and community restraint services described in item 0339-1003; provided further, that funds from this item shall be expended for the costs associated with full implementation of chapter 303 of the acts of 2006 and chapter 418 of the acts of 2006 to ensure effective supervision of probationers who are monitored through global positioning system bracelets; provided further, that no funds shall be expended from this item to cover the costs of building leases; provided further, that notwithstanding any general or special law, rule or regulation to the contrary, probation officer personnel and probation clerical support staff assigned to the courts shall be provided with suitable office space in their current location in and around the various divisions and departments of the trial court, as the case may be, or in suitable office space as appropriate, with the advice and consent of the commissioner; provided further, that the office shall enter into an interagency service agreement with the department of revenue to verify income data and to use the department's wage reporting and bank match system for the purpose of weekly tape-matching to determine an individual's eligibility for appointment of indigent counsel, as defined in chapter 211D of the General Laws; provided further, that the office shall submit quarterly reports to the joint committee on the judiciary and the house and senate committees on ways and means detailing the progress of eligibility verification with the department; provided further, that the report shall include, but not be limited to: (a) the number of individuals determined to be indigent, (b) the number of individuals determined not to be indigent; (c) the number of individuals to be found misrepresenting assets; (d) the number of individuals found to no longer qualify for appointment of counsel upon any re-assessment of indigency, as defined in section 2 ½ of said chapter 211D; (e) the revenue generated through collection of indigent client fees; (f) the average indigent client fee that each court division collects per case since the effective date of this act; (g) the number of indigency client fees collected and the number waived on a monthly basis by court division and individual court; (h) recommendations on improvements in verifying eligibility for counsel; and (i) other pertinent information to ascertain the effectiveness of verification; and provided further, that the information within such report shall be delineated by court division

General Fund 98.166%

FMAP Budget Relief Fund 1.834%

126,308,285 119,407,626

Veto Explanation:   I am vetoing this language and reducing this amount because none of the enhanced FMAP funds have been received from or committed by the federal government.