Chapter 211 F. - Office of Community Corrections
General Laws of Massachusetts
Office of Community Corrections

Chapter 211F: Section 1. Definitions.

Section 1. The following terms as used in this chapter shall have the following meanings:

• "Chief justice", the chief justice for administration and management of the trial court.
• "Commission", the Massachusetts sentencing commission.
• "Community corrections program", any program that is operated by a state, local or private service agency, that has been deemed an appropriate intermediate sanctions program by the office of community corrections.
• "Intermediate sanctions program", any program that has been determined to impose an appropriate sanction upon an offender for whom imprisonment may not be necessary or appropriate, including but not limited to standard probation, intensive supervision probation, community service, home confinement, weekend jail sentences, day reporting, residential programming, substance abuse treatment, restitution, means-based fines, continuing education, including but not limited to the "Changing Lives Through Literature" program administered by the trial court and the University of Massachusetts at Dartmouth, vocational training, special education, and psychological counseling.
• "Community corrections plan", a written proposal submitted to the executive director of the office of community corrections for approval and funding as a community corrections program.
• "Executive director", the executive director of the office of community corrections.

Section 2. (a) There is hereby established subject to appropriation within the office of the chief justice for administration and management of the trial court an office of community corrections, whose purpose is to establish a continuum of community corrections programs and services statewide. The goal of this chapter is to ensure and promote public safety by developing community corrections programs for appropriate offenders.

(b) The executive director of the office of community corrections shall be appointed by the chief justice for administration and management of the trial court to establish, oversee and operate a statewide program of community corrections.

(c) The executive director shall operate subject to the direction and approval of the chief justice for administration and management of the trial court. Said executive director shall work in consultation with the commission, the department of probation, the department of corrections, the parole board and the county sheriffs to ensure consistency between sentencing guidelines and community corrections. The office shall, to the extent practicable, utilize existing resources of the administrative office of the Massachusetts courts for the purpose of avoiding unnecessary duplication.

Section 3. (a) Any court exercising jurisdiction is authorized to sentence any eligible offender to a community corrections program; provided, however, that the court designate the duration of the sentence of imprisonment that otherwise would have been imposed.

(b) The court may dictate the duration and conditions of the sentence in a community corrections program for any period of time consistent with existing law.

(c) A sentence to a community corrections program shall be imposed as a condition of probation consistent with chapters two hundred and seventy-six and two hundred and seventy-six A. The court may modify the sentence of an offender serving a sentence in a community corrections program in the same manner as if the offender had been placed on probation.

(d) The chief justice shall develop interim standards for the eligibility of offenders for community corrections, taking into consideration the following factors:

(1) the nature and circumstances of the offense;

(2) the offender's mental state at the time of the offense;

(3) the relationship, if any, between the offender and victim;

(4) the nature and degree of the harm caused by the offense;

(5) the community view of the gravity of the offense;

(6) the public concern generated by the offense;

(7) the age of the offender;

(8) the deterrent effect a particular sentence may have on the commission of the offense by others;

(9) the current incidence of the offense in the community and in the commonwealth as a whole;

(10) the role of the offender in cases involving multiple offenders;

(11) the mental and emotional condition of the offender;

(12) the offender's physical condition;

(13) the offender's family ties and responsibilities;

(14) the offender's community ties;

(15) the offender's degree of dependence upon criminal activity for a livelihood;

(16) the offender's character and personal history;

(17) the offender's amenability to correction, treatment, or supervision;

(18) the offender's past criminal history, including convictions, acquittals, guilty pleas, pleas of nolo contendere, dismissals and matters continued without a finding;

(19) the offender's arrest record;

(20) the offender's past history of violence.

No offender shall be eligible for sentencing to a community corrections program who is: (1) convicted of a crime that results in serious bodily harm or death to another person, excluding offenses in which negligence was the primary element, (2) convicted of rape, attempted rape, or sexual assault, or (3) convicted of a crime involving the use of a firearm.

Section 4. (a) The executive director is hereby authorized and directed to develop and implement standards for a contracting process for community corrections plans, as follows:

(1) A community corrections plan shall include:

(A) a description of its goals and anticipated reductions in incarcerations, including the types and number of targeted offenders to participate in the program;

(B) a description of the administrative, capital and operating costs of the programs and supplemental funding sources, including the imposition of user fees to defray program costs;

(C) a description of methods for supervision of offenders and measures for the maintenance of public safety;

(D) a description of measures to collect restitution payments to victims.

(2) Subject to appropriation, the executive director, shall select plans for funding. All contracts shall provide that the executive director may suspend funding or may assume administrative responsibility for any community corrections program not in compliance with program standards, or if the public safety is threatened.

(3) The executive director shall monitor programs for compliance with the goals of chapter two hundred and eleven E of the General Laws, and shall provide technical assistance, training and education to providers in developing and operating community corrections programs.

(4) Continued funding shall be subject to appropriation, and eligibility for continued funding shall be contingent on provider compliance with the goals, standards and procedures established by the commission, and on an evaluation by the executive director of the effectiveness of the program. Each provider shall submit a biannual report no later than March fifteenth and August fifteenth of each year to the county community corrections advisory board, to the executive director and to the commission.

(b) Subject to an agreement between the chief justice and the secretary of public safety and subject to appropriation, the resources of community corrections programs shall be utilized by the parole board for the purpose of parole supervision.

(c) The office of community corrections shall develop and implement a public education program about community corrections, provide technical assistance, training and education to the judiciary and criminal justice system agencies and personnel, coordinate training for providers, and serve as a clearinghouse for information regarding community corrections programs.

[ Text through introductory paragraph effective until July 1, 1997. For text effective July 1, 1997, see below.]

Section 5. The chief justice shall submit a biannual report no later than July fifteenth and January fifteenth of each year to the governor, the commission, the joint committees on criminal justice, the judiciary and public safety, and the clerks of the house of representatives and the senate. The report shall include but shall not be limited to the following information:

[ Text through introductory paragraph as amended by 1997, 43, Sec. 136 effective July 1, 1997. See 1997, 43, Sec. 311. For text effective until July 1, 1997, see above.]

Section 5. The chief justice shall submit an annual report no later than January 15 of each year, commencing January 15, 1998, to the governor, the commission, the joint committees on criminal justice, the judiciary and public safety, and the clerks of the house of representatives and the senate. The report shall include but shall not be limited to the following information: (Amended by 1997, 43, Sec. 136 eff. 7-1-97.)

(1) the effectiveness of the office of community corrections in promoting the goals of the commission;

(2) the effectiveness of the office of community corrections in diverting offenders by reducing prison commitments;

(3) the evaluations and recommendations submitted by the county community corrections advisory boards and by providers of community corrections programs;

(4) fiscal audits on the expenditure of state funds;

(5) allegations of provider noncompliance and the results of any investigations into such allegations.

Section 6. (a) There is hereby established within each county a county community corrections advisory board consisting of at least eight but not more than twelve members including the following:

(1) the first justice of the superior court, or his designee;

(2) a district court judge appointed by the chief justice for administration and management of the trial court;

(3) a probation officer appointed by the chief justice for administration and management of the trial court;

(4) a representative of the parole board appointed by the secretary of public safety;

(5) the district attorney, or his designee;

(6) a public defender appointed by the committee for public counsel services;

(7) a mental health professional or substance abuse counselor appointed by the chief justice for administration and management of the trial court;

(8) the sheriff, or his designee;

(9) not more than four other members appointed by the chief justice for administration and management of the trial court.

(b) The county community corrections advisory board shall assist in the review and monitoring of community corrections programs located in that county. Its responsibilities shall include holding public hearings on community corrections plans submitted to the executive director, reporting any allegations of provider noncompliance, and submitting written comments to the executive director and to the commission, which shall include evaluations of each provider located in that county, analysis of the results of community corrections programs located in that county, recommendations for change and any other information, statistics or data requested by the executive director or the commission, no later than May fifteenth and November fifteenth of each year.