JUD  85
ESSEX JUVENILE COURT

Mr. Berry moved that the bill be amended by inserting, after Section XX, the following new Section;-
“SECTION XX.  section 58 of chapter 218 is hereby amended in the fifth paragraph, by striking the following words “the Essex county division shall have an assistant clerk; and inserting in place thereof the following:- “the Essex county division shall have a first assistant clerk and three assistant clerks”

JUD  86

REDRAFT 

KATIE BROWN EDUCATIONAL PROGRAM

Ms. Menard moved that the bill be amended, in Section 2, in item 0340-0900, by striking out the following paragraph, “and provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer,” and inserting in place thereof the following:- “provided further, that at least 30 days before transferring any funds authorized in this item from the AA object class, the district attorney shall notify the house and senate committees on ways and means of its intention to make that transfer; and provided further, that not less than $150,000 shall be expended for the purpose of establishing a pilot program for the purpose of providing classroom based educational programs in Bristol County schools to help prevent relationship violence which shall be administered by the Bristol district attorney”, and in said item, by striking out the figures “$6,987,953” and inserting in place thereof the figures “$7,137,953”.

JUD  87
PROBATE AND FAMILY COURT
Messrs. Antonioni, Augustus, Moore, and Chandler moved that the bill be amended, in Section 2, in item 0333-0002, by striking out the figure "$21,080,726" and inserting in place thereof the following figure:- "$21,392,100".

JUD  88
CITY-WIDE DIALOGUES
Mr. Joyce, Mr. Barrios, Ms. Creem, and Ms. Wilkerson moved that the bill be amended, in Section 2, in item 0810-0000, by adding the following: “; provided further that $50,000 shall be expended for the City-Wide Dialogues on Boston’s Ethnic & Racial Diversity, a program that provides a safe venue for honest, respectful, discussion across racial and ethnic lines, including neighborhood diversity dialogues and youth-police dialogues” and in said item, by striking out the figure “$26,705,871” and inserting in place thereof the figure “$26,755,871”.

JUD  89
OFFICE OF COMMUNITY CORRECTIONS
Mr. Joyce moved that the bill be amended, in Section 2, in item 0339-1003, by adding at the end thereof the following words: “prior appropriation continued”.

JUD  90
REDRAFT
WORCESTER DISTRICT ATTORNEY'S OFFICE
Messrs. Augustus, Antonioni, Moore, Brewer and Ms. Chandler moved that the bill be amended, in Section 2, in item 0340-0400, by striking out the figure “$8,460,103” and inserting in place thereof the following figure:- “$8,535,103”.

JUD  91
SUFFOLK SUPERIOR COURT
Mr. Barrios moved that the bill be amended, in Section 2, in item 0331-0100, by adding at the end thereof the following: - “provided further, that not less than $178,902 shall be expended for the Suffolk Superior Criminal Court Education and Community Outreach Program”; and in said item, by striking out the figures “$23,398,071” and inserting in place thereof the figures “$23,577,071”

JUD  92
MIDDLESEX PROBATE AND FAMILY COURT
Ms. Jehlen moved that the bill be amended, in Section 2, in item 0333-0002, by striking out the figures “21,080,726” and inserting in place therefore the following figures:- “21,398,577”; and in said item by inserting after the words “family services clinic” the following:- “provided further than not less than $176,904 be allocated for the positions of First Assistant Register and Assistant Register for Middlesex County; provided further that not less than $58,282 be allocated for the Middlesex Community Outreach Program; provided further that not less than $82,665 be allocated to fund the Middlesex Deputy Assistant Registers and Associate Deputy Assistant Registers positions”.  

JUD 93
SALEM REGISTRY OF DEEDS
Mr. Berry moved that the bill be amended, in Section 2, in item 0540-1000, by striking out the figure “$2,899,846 and inserting in place thereof the following figure:- “$3,432,631”.

JUD  94
REDRAFT
BERKSHIRE COUNTY DRUG TASKFORCE
Mr. Downing moved that the bill be amended, in Section 2, in item 0340-1100, by inserting after the words “January 1, 2008;” the following: “provided further, that $150,000 shall be expended for the operation and management of the Berkshire County Drug Task Force”; and in said item, by striking out the figures “3,398,856” and inserting in place thereof the figures “$3,548,856”.

JUD  95
BERKSHIRE COUNTY REGIONAL HOUSING MEDIATION
Mr. Downing moved that the bill be amended, in Section 2, in item 0330-0410, by striking the following: “provided further, that not less than $50,000 shall be expended for the Housing Services and Mediation Program operated by the Berkshire County Regional Housing Authority in Pittsfield; provided further, that not less than 29,558 shall be expended for Berkshire Mediation Services Inc.;” and by adding the following: “provided further, that not less than $75,000 shall be expended for the Housing Services and Mediation Program operated by the Berkshire County Regional Housing Authority in Pittsfield”; and in said item, by striking out the figures “967,326” and inserting in place thereof the figures “$962,768”.

JUD  96
TRIAL COURT RETAINED REVENUE
Mr. Creedon moved that the bill be amended, in Section 2, in item 0330-3333, by striking out the figure “$20,000,000” in each instance in which it appears and inserting in place thereof in each instance the following figure:- “$24,000,000”.

JUD  97
COMPETENCY DETERMINATION
Mr. Creedon and Ms. Candaras moved that the bill be amended by striking out Section 26 and Section 27 in their entirety.
JUD  98
JUDICIAL HEARINGS ON FORECLOSURES
Mr. Creedon moved that the bill be amended by inserting after Section ____, the following new Sections:

“SECTION _____. The General Laws as appearing in the 2004 Official Edition is hereby amended by inserting after chapter 239 a new chapter as follows: -

            (a) "Unemployed person" means a person who is unemployed for purposes of chapter 567.
            (b) "Homeowner" means a person who has an ownership interest in residential real property subject to a mortgage which is the subject of a foreclosure action, and who has owned and occupied such property as his principal residence for a continuous period of not less than two years immediately preceding the commencement of such foreclosure action.
(c) “Foreclosure Action” means any process under Chapter 244 of the General Laws or otherwise where a lender seeks to exercise its rights under a mortgage on residential property securing a loan that is in default. A lender must obtain a conditional judgment as part of the process of a Foreclosure Action.
            (d) "Restructured mortgage debt" means the adjustment by a court of a mortgage debt to give protection from a foreclosure action.

            (e) "Protection from foreclosure" means a court-ordered restructuring of a mortgage debt designed to eliminate an arrearage in payments on such debt and to provide a period not to exceed six months during which foreclosure is stayed.

            (f) "Lender" means any person who makes or holds mortgage loans in the ordinary course of business and who is the holder of any first mortgage on residential real estate which is the subject of a foreclosure action.

            (g) "Underemployed person" means a person whose earned income during the twelve-month period immediately preceding the commencement of the foreclosure action is (A) less than fifty thousand dollars and (B) less than seventy-five per cent of his average annual earned income during the two years immediately preceding such twelve-month period.
Section 2: Notice to homeowner of intent to commence foreclosure proceedings and protections from foreclosure
(a) No less than twenty-five days prior to a Lender seeking a pre-conditional judgment order under Section 4 of this Chapter, the Homeowner shall receive a notice from the Lender that states in plain and simple English the following:
(1) Facts sufficient to identify the mortgage and the parties thereto, including but not limited to, the name of the present holder of the mortgage, the original mortgagee, the lender which intends to foreclose, any servicer or agent acting on his behalf, and the name, address, and working telephone number of the entity responsible for responding to inquiries by the residential mortgage debtor;
(2) The nature of the default claimed;
(3) The availability of the provisions of Section 3;
(4) The availability of the provisions of Section 4;
(5) The availability of any other methods to cure the default as provided by law or contract and what performance, including what sum of money, if any, must be tendered to cure the default;
(6) The means by which the residential mortgage lender intends to foreclose, if the default is not cured, together with a reasonable estimate of the date on which such foreclosure might occur;
(7) That the residential mortgage debtor may be evicted from the property following a foreclosure sale;
(b) A Homeowner who receives notice under this Section, must make application for protection from foreclosure under Section 3 and/or request a hearing under Section 4(b) within twenty-five days of receipt of service under this Chapter.
            (c) No pre-conditional judgment order shall be entered unless the court is satisfied from pleadings or affidavits on file with the court that the Homeowner against whom the foreclosure action is commenced has received the notice required by this Section.
            (d) If a Homeowner against whom the foreclosure action is commenced did not receive the notice required by this Section at the prescribed time, the court, upon its own motion or upon the written motion of such homeowner, may issue an order staying the foreclosure action for fifteen days during which period the homeowner may apply to the court for protection from foreclosure by submitting an application together with a financial affidavit or request a hearing under Section 4(b). 
Section 3: Application for protection from foreclosure action. Qualifications. Court determination of eligibility. Stay of foreclosure action.
(a) Subject to the provisions of subsection (b), a homeowner who is underemployed or unemployed against whom a foreclosure action is brought may make application, together with a financial affidavit, to the court having jurisdiction under Section 4 of this Chapter if: (1) The mortgage being foreclosed encumbers the residential real property, which property has served as his principal residence, for a period of not less than two years, (2) such homeowner has not had a foreclosure action commenced against him in the preceding seven-year period and (3) such homeowner has not received an emergency mortgage assistance loan and has not applied for emergency mortgage assistance for two years before the application.
(b) If the residential real property which is the subject of a foreclosure action is owned by more than one person, (1) no homeowner shall be deemed an unemployed person or an underemployed person, for the purposes of sections Section 3, unless the aggregate earned income of all the homeowners of the residential real property which is the subject of such foreclosure action during the twelve-month period immediately preceding the commencement of the foreclosure action is less than fifty thousand dollars and less than seventy-five per cent of the average aggregate annual earned income during the two years immediately preceding such twelve-month period for all such homeowners and (2) all homeowners of said property other than the homeowner making application in accordance with subsection (a) shall file a financial affidavit in connection with such application.
            (c) The court shall determine the eligibility of such homeowner for protection from foreclosure pursuant to the provisions of Section 3.
            (d) In determining the eligibility of a homeowner for protection from foreclosure under the provisions of sections Section 3, the court may consider any relevant facts and shall consider:
                        (1) The likelihood that the homeowner will be able to make timely payments on the restructured mortgage commencing at the end of the restructuring period.
                        (2) The presence of any substantial prejudice to the Lender or any subordinate lienor or encumbrancer, which would result from a restructuring of the mortgage debt.
            (e) If it determines that a homeowner who is an underemployed person is eligible for protection from foreclosure, the court in its discretion may order the restructuring of the mortgage debt of such homeowner so as to eliminate any arrearage in payments on the mortgage debt and may allow a restructuring period not to exceed six months. If it determines that a homeowner who is an unemployed person is eligible for protection from foreclosure, the court shall order the restructuring of the mortgage debt to eliminate any arrearage in payments on the mortgage debt and shall order a restructuring period not to exceed six months.
(f) As a condition to the granting of a restructuring order, the court may order the homeowner to pay to the lender during the restructuring period an amount not to exceed twenty-five per cent of his net income per month as a means of demonstrating the homeowner's good faith effort to reduce his mortgage indebtedness. For purposes of this section, "net income" shall include any unemployment benefit received by the homeowner.
 (g) At the conclusion of the restructuring period, the new mortgage debt shall be computed based upon a composite rate of interest. The composite rate of interest shall be a weighted average of the original mortgage interest rate as to the principal balance and the prevailing interest rate as to all sums added to the principal balance to establish the total restructured mortgage debt, except that in the case of a flexible rate, variable rate or similar adjustable rate mortgage note, the provisions of the underlying mortgage note for the re-determination of the interest rate on the mortgage shall continue to apply and remain in full force and effect during the remainder of the term of the mortgage.
(h) In determining the restructured mortgage debt, the court shall add the following to the existing principal balance of the mortgage debt: (1) All interest then due the lender and any interest that will be earned to the end of any restructuring period, including interest on any payments advanced by the lender during the restructuring period, such interest to be computed at the rate provided in the mortgage note, (2) real property taxes, (3) premiums for Federal Housing Administration, Veterans' Administration and private mortgage insurance, and (4) court costs, legal fees and any other sums the court determines to be due under the terms of the mortgage indebtedness by the court. The court shall then apply the composite interest rate as provided in subsection (c) of this section to such total restructured debt over the remaining term of the loan.
(i) If the court determines the equity the homeowner has in the property and hears testimony from an appraiser produced by the Lender in connection with such determination, (1) the reasonable cost of the appraisal and the appraiser's appearance as a witness shall be part of the court costs to be added to the principal balance pursuant to subdivision (4) of subsection (a) of Section 3(i) if a restructuring order is granted and (2) the reasonable cost of said appraiser's appearance as a witness shall be part of the taxable costs of the action, in addition to the taxable costs for such appraisal and the appraiser's appearance as a witness at a subsequent hearing for a judgment of foreclosure if such order is not granted.
(j )The amount of the mortgage debt at the end of any period of restructuring shall in no event exceed either the amount of the original mortgage debt or ninety per cent of the fair market value of the property as determined by an accredited real estate appraiser at the time of restructuring, whichever is greater. The provisions for restructuring the mortgage debt and staying the foreclosure shall apply only if the debt as restructured would not exceed such amount. Any sums added to the existing mortgage debt as a result of a restructuring order shall accrue interest at prevailing market rates after the conclusion of the restructuring period, which rate shall be either fixed or variable depending upon the underlying mortgage note.
 
(k) If the court approves the application for protection from foreclosure and restructures the mortgage debt, the foreclosure action shall be stayed for the restructuring period. If, for a period of three months following the end of the restructuring period, there are no further proceedings to continue the foreclosure proceedings based upon a default on the mortgage as restructured, the foreclosure action shall be dismissed. The restructured mortgage debt shall have the same priority as if it had been advanced at the time the mortgage was delivered.
Section 4: Lender must file an affidavit with the court, Opportunity for hearing on Conditional Judgment.

            (a) Prior to seeking a conditional judgment under Chapter 244 of the General Laws, a Lender must obtain a pre-conditional judgment order from the housing court in the county where the property to be foreclosed upon sits. If there is no housing court in the county, the Lender must obtain the ­ pre-conditional judgment order from the district court for the county where the property to be foreclosed upon sits.
(b) In order to obtain a pre-conditional judgment order from the court, a Lender shall file an affidavit signed under the pains and penalties of perjury stating or otherwise proving the following elements:

1. That the Lender owns a mortgage secured by the homeowner’s real property;
2. The mortgage was issued in accordance with the terms, conditions and legal requirements in effect at the time the mortgage was issued; and
3. The homeowner is in default on the mortgage.

            (b) In an action for a lender to obtain a pre-conditional judgment order, a homeowner shall have the right to request a hearing on the pre-conditional judgment order. The hearing shall proceed as follows:
           

1. The homeowner must request a hearing on the pre-conditional judgment order within 10 days of receiving notice pursuant to Section 2(a) of this chapter;
2. At a hearing on the pre-conditional judgment order, all parties in interest shall have the opportunity to present evidence to prove or disprove the truthfulness of the affidavit required by subsection (a) above. The burden shall be upon the Lender to prove the truthfulness of the affidavit required under subsection (a) above.
3. The court must find by order whether or not the Lender has satisfied its obligations under subsection (a) above.

 [Section 5:
            (a) The provisions of Chapter 239A shall be read in conformity with other provisions of the Massachusetts General Laws.  However, if there is a conflict between the provisions of Chapter 239A and any other provision of Massachusetts General Laws, including but not limited to Chapter 244, the provisions of Chapter 239A shall govern.
            (b) The provisions of Chapter 239A shall be read in conformity with the Massachusetts Declaration of Rights and the United States Constitution. However if there is a conflict between any provision of Chapter 239A and Massachusetts Declaration of Rights or United States Constitution, that shall not affect the applicability of the remainder of the Chapter.]”.

“SECTION ____.   Chapter 244, section 3 of the General Laws as appearing in the 2004 Official Edition is hereby amended by striking the section in its entirety and inserting in place thereof the following new language:-
Section 3. The mortgagee in an action for possession must present the court with a pre-conditional judgment order pursuant to Chapter 239A of the General Laws and may declare on his own seisin, stating that it is in mortgage; and if the court finds upon verdict or otherwise that the plaintiff is entitled to possession of the land for breach of condition, it shall upon motion of either party award a conditional judgment.”
“SECTION _____.  Chapter 244, section 11 of the General Laws as appearing in the 2004 Official Edition is hereby amended by striking the section in its entirety and inserting in place thereof the following new language:-
Section 11. If a conditional judgment has been entered upon a mortgage containing a power of sale, the court shall, instead of issuing a writ of possession, at the request of the plaintiff order the property to be sold pursuant to such power so long as the plaintiff has also met all of the requirements in Chapter 239A of the General Laws. The plaintiff shall thereupon execute the power and do all things required by it or by the court.”.

JUD  99
PROBATION SUPERVISION RETAINED REVENUE
Mr. Creedon moved that the bill be amended, in Section 2, in item 0330-3334, by striking out the figure “$20,000,000” in each instance in which it appears and inserting in place thereof in each instance the following figure:- “$23,000,000”.

JUD  100
MAINTAINING EXISTING LEVELS OF COURT SECURITY STAFFING
Mr. Creedon moved that the bill be amended, in Section 2, in item 0330-3200, by striking out the figure “$63,614,924” and inserting in place thereof the following figure:- “$66,106,004”.

Bottom line figure of line item 0330-3200 increase by $2,491,080

JUD  101
TAUNTON DISTRICT COURT RELOCATION
Mr. Pacheco moved that the bill be amended, in Section 2, in item 0332-0100 by striking out after the word “renovations,” the words “ that the relocation will be limited to within ¼ mile radius of the city of Taunton” and inserting in place thereof the following:-
“that the relocation will be limited to within ¼ mile radius of the downtown area of the city of Taunton.”

JUD  102
REDRAFT
MAINTAINING EXISTING LEVEL OF TRIAL COURT STAFF AND OPERATIONS
Mr. Creedon moved that the bill be amended, in Section 2, in item 0330-3337, by striking out the figure “$19,007,323” and inserting in place thereof the following figure:- “$20,457,323”.

JUD  103
CPCS FEES
Mr. Creedon and Ms. Candaras moved that the bill be amended, in Section 2, in item 0321-1518, by striking out the word “$750,000” and inserting in place thereof the word “$2,750,000” and by striking the figure “$750,000” and inserting in place thereof the following figure:— “$2,750,000”

JUD  104
BRISTOL SUPERIOR COURT RELOCATION
Mr. Pacheco moved that the bill be amended, in Section 2, in item 0331-0100 by striking out after the word “renovations,” the words “ that the relocation will be limited to within ¼ mile radius of the city of Taunton” and inserting in place thereof the following:-
“that the relocation will be limited to within ¼ mile radius of the downtown area of the city of Taunton.”

JUD  105
CPCS HOURLY RATE
Mr. Creedon moved that the bill be amended by inserting, after Section ____, the following new Section:-
“SECTION____.  Section 11 of chapter 211D of the General Laws, as most recently amended by section 2 of chapter 54 of the acts of 2005, is hereby amended by striking out the first sentence and inserting in place thereof the following new sentence:—
The rates of compensation payable to all counsel, who are appointed or assigned to represent indigents within the private counsel division of the committee in accordance with the provisions of paragraph (b) of section 6, shall, subject to appropriation, be as follows: for homicide cases the rate of compensation shall be $105 per hour; for superior court non-homicide cases, including sexually dangerous person cases, the rate of compensation shall be $65; for district court cases and children in need of services cases the rate of compensation shall be $53 per hour; for children and family law cases, care and protection cases, sex offender registry cases and mental health cases the rate of compensation shall be $55 per hour.
JUD  106
CPCS-PRIVATE COUNSEL
Mr. Creedon and Ms. Candaras moved that the bill be amended, in Section 2, in item 0321-1510, by striking out the figure “$119,763,305” and inserting in place thereof the following figure:— “129,694,198.”

JUD  107
CPCS-PUBLIC DEFENDERS
Mr. Creedon and Ms. Candaras moved that the bill be amended, in Section 2, in item 0321-1513, by striking out the figure $8,132,279” and inserting in place thereof the following figure:— “”$10,164,736”

JUD  108
REDRAFT
MASSACHUSETTS CORRECTIONAL SERVICES
Mr. Creedon moved that the bill be amended, in Section 2, in item 0321-2100, by striking out the figure “$820,000” and inserting in place thereof the following figure:— “$840,000.”

JUD  109
REDRAFT
MENTAL HEALTH LEGAL ADVISORS
Messrs. Creedon, Baddour, McGee, Morrissey, Augustus, Ms. Creem and Ms. Candaras moved that the bill be amended, in Section 2, in item 0321-2000, by striking out the figures “753,248” and inserting in place thereof the figures “773,248”.

JUD  110
PROBATE AND FAMILY COURT
Mr. Pacheco moved that the bill be amended, in Section 2, in item 0333-0002 by inserting after the word “Taunton” the following:-
“,within a ¼ mile radius of the downtown area.”

JUD  111
MASSACHUSETTS LEGAL ASSISTANCE CORP. CIVIL LEGAL SERVICES
Messrs. Creedon, Havern, Augustus, Morrissey, Hedlund, Timilty, Ms. Creem, Ms. Jehlen, Ms. Tucker, Ms. Wilkerson, Ms. Resor and Ms. Fargo moved that the bill be amended, in Section 2, in item 0321-1600 by deleting the following figure
“$9,470,424”and inserting in place thereof the following figure: “$9,670,424”

JUD  112
RATES FOR PRIVATE COUNSEL REPRESENTING INDIGENT PERSONS
Mr. Creedon and Ms. Candaras moved that the bill be amended by inserting, after Section ____, the following new Section:-

SECTION ____.  Section 11 of chapter 211D of the General Laws, as most recently amended by section 2 of chapter 54 of the acts of 2005, is hereby amended by striking out the second paragraph.

JUD  113
TRIAL COURT TRANSFERABILITY
Mr. Creedon moved that the bill be amended by inserting after Section ____, the following new Section:-
SECTION____.  Notwithstanding any general or special law to the contrary, the chief justice for administration and management may transfer funds among any items of appropriation within the trial court.  The chief justice shall provide written notification to the house and senate committees on ways and means of any such transfers of funds within 30 days of the transfer.

JUD  114
MASSACHUSETTS DISTRICT ATTORNEYS ASSOCIATION
Messrs. Creedon, and Downing moved that the bill be amended, in Section 2, by striking out item
            0340-2100 and inserting in place thereof the following item:-
            “0340-2100     For the operation of the Massachusetts District Attorneys’ Association, including the implementation and related expenses of the district attorneys’ office automation and case management and tracking system; provided that expenses associated with the system may be charged directly to this item; provided further, that the 11 district attorneys of the commonwealth may contribute a portion of their fiscal year 2008 appropriation to the Massachusetts District Attorneys’ Association in order to alleviate the cost of the case management and tracking system as well as the cost of data lines associated with the district attorney’s computer network; provided further, that each district attorney shall submit a report to the Massachusetts District Attorneys’ Association and the house and senate committees on ways and means delineating all funds expended for the purpose of implementing the case management and tracking system not later than January 30, 2008; provided further, that the report shall include, but not be limited to, an analysis of the total cost of the district attorneys’ computer network, the total cost incurred by each district attorney’s office, a detailed list of all hardware and software leased, owned or operated by each district attorney, a plan for any purchases to be made in the remainder of fiscal year 2008 and a detailed summary of any policies implemented to contain the costs of the network by either the Massachusetts District Attorneys’ Association or the individual district attorneys’ offices; provided further, that no expenditures shall be made, on or after the effective date of this act which would cause the commonwealth’s obligation for the purpose of this item to exceed the amount appropriated in this item; and provided further, that the association shall submit a report to the house and senate committees on ways an means not later than January 31, 2008 detailing, by district attorney office, all sources of revenue, including, but not limited to, federal and state grants that were received in fiscal year 2007, and the amount of each source of revenue…..$1,785,056”
JUD  115
HAMPDEN COUNTY SHERIFF
Messrs. Buoniconti, Knapik, Brewer and Candaras moved that the bill be amended, in Section 2, in item 8910-0102, by striking the figures “$66,202,260” and inserting in place thereof the figures “$71,986,013”

JUD  116
DISTRICT COURTS
Ms. Chandler and Mr. Antonioni moved that the bill be amended, in Section 2, in item 0332-0100, by striking out the figure “$39,147,707” and inserting in place thereof the following figure:-“39,256,707”.

JUD  116.1
FURTHER

Mr. Joyce moved that the bill be amended, in Section 2, in item 0332-0100, by adding the following: “; provided further that $84,870 shall be expended for the position of Assistant Clerk Magistrate at the Stoughton District Court”; and in said item, by striking out the figure “$39,147,707” and inserting in place thereof the figure “$39,232,577”.

JUD  117
WITHDRAWN

JUD  118
REDRAFT
HAMPDEN COUNTY SHERIFF RETAINED REVENUE
Messrs. Buoniconti, Knapik, Brewer and Candaras moved that the bill be amended, in Section 2, in item 8910-1000, by striking the figure “$1,198,345” each time it appears and inserting in place thereof the figure “$1,594,460”.

JUD  119
NORFOLK DISTRICT ATTORNEY OPERATING BUDGET
Mr. Morrissey moved that the bill be amended, in Section 2, in item 0340-0700, by striking out the figures “$8,255,638” and inserting in place thereof the figures “$8,317,136”.

JUD  120
NORFOLK DISTRICT ATTORNEY'S OFFICE
Mr. Morrissey moved that the bill be amended, in Section 2, in item 0340-0700, by adding after the word “transfer” in the last line the words “, prior appropriation continued”.

JUD 121
RELATIVE TO THE SOCIAL LAW LIBRARY
Messrs. Tisei, Tarr, Knapik, Hedlund and Brown moved that the bill be amended, in Section 2, in item 0321-2205, by striking out the figure “$2,129,671” and inserting in place thereof the following figure:- “$1,979,671”.

JUD  122
VICTIM WITNESS ASSISTANCE
Mr. Creedon moved that the bill be amended, in Section 2, in item 0840-0100, by striking out the figure: “$521,213” and inserting, in place thereof, the figure: “$596,776”.

JUD  123
REDRAFT
RELATIVE TO DA AND CPCS LEASE COSTS REVIEW
Messrs. Tisei, Tarr, Knapik, Hedlund and Brown moved that the bill be amended by striking Section 73 in its entirety and inserting in place thereof the following new Section:-
“SECTION 73.  Notwithstanding any general or special law to the contrary, the division of capital asset management and maintenance shall submit a report to the house and senate committees on ways and means, not later than January 15, 2008, detailing the use of private rental space by each district attorney’s office and by lease costs of private rental space by the committee for public counsel services, henceforth known as the committee.  The report shall include, but not be limited to, the following: 1)  the annual cost of leasing private space for each district attorney’s office; 2)  the existence and availability of any state-owned space within the geographical jurisdiction of each district attorney and within the geographical proximity of committee offices that could accommodate the minimum square footage needs of each respective district attorney and committee office; and 3)  by each district attorney’s office and committee office, future savings that could be achieved by relocating any district attorney’s office or committee office from privately leased space to state-owned space. The division shall also submit a report to the house and senate committees on ways and means, not later than February 15, 2008, detailing the use of private lease space throughout the trial court.  The report shall include, but not be limited to, the following: (1)  the annual cost of private lease space used by the central administration office of the trial court and any department of the trial court; (2)  the existence and availability of any state-owned space that could accommodate the minimum square footage demands of the central administration office of the trial court; (3)  future savings that could be achieved by relocating the central administration office of the trial court to 3 Pemberton square in the city of Boston; and (4)  future savings that could be achieved by relocating non-state agencies from state-owned space to accommodate the minimum square footage demands of the central administration office of the trial court.”

JUD  124
HUMAN TRAFFICKING
Messrs. Montigny, Tucker and Spilka moved that the bill be amended, in Section 2, in item 0810-0000, by adding at the end the following: “; provided further, that not less than $180,000 shall be expended to provide culturally competent education and training to law enforcement, labor organizers and workers, and community service providers on the issue of human trafficking”; and in said item, by striking out the figures “$26,705,871” and inserting in place thereof the figures “$26,885, 871”

JUD  125
REDRAFT
COMMISSION TO STUDY RE-ENTRY
Ms. Wilkerson, Mr. Tolman, and Mr. Timilty Ms. Chandler and Messers. Barrios and Brown moved that the bill be amended by adding the following section:-

SECTION 86.  There shall be a special commission to study the existing level of services offered by the department of corrections, county jails, and houses of correction, the potential benefit of additional services, including but limited to, education, job skills training, and housing, and other ways to reduce recidivism rates. 

The commission shall consist of: the house and senate chairs of the joint committee on public safety who shall co-chair the commission, 3 persons to be appointed by the senate president, 1 person to be appointed by the senate minority leader, 3 persons to be appointed by the speaker of the house, 1 to be appointed by the house minority leader, the secretary of public safety, or a designee, the secretary of health and human services, or a designees; the secretary of labor, or a designee; 2 individuals with experience in the area of re-entry services to be appointed by the governor;

The commission shall file its report, including any legislative or regulatory recommendations with the clerks of the Senate and the House of Representatives by October 31, 2007.

JUD  126
BRISTOL AND BARNSTABLE JUVENILE COURT
Ms. Menard moved that the bill be amended, in Section 2, in item 0337-0002, by inserting, after the phrase “expansion of the juvenile court, including”, the following words: - “Bristol, Barnstable”.

JUD  127
ADMINISTRATIVE RECORDS LIST
Ms. Wilkerson moved that the bill be amended (a) The secretary of administration and finance or his designee, in this section called the secretary, the jury commissioner or her designee, and the state secretary or his designee shall together convene a working group to establish an administrative records list of all residents 17 years and older for the purpose of testing the feasibility of using such a list for the creation of jury pools and purging voter lists.  The working group shall consist of representatives of appropriate executive and judicial agencies and others, as determined by the secretary.  The secretary shall consult with and work collaboratively with the working group in carrying out this section.
(b) All state agencies possessing an electronic database which contains information relative to these persons, including but not limited to the state secretary, registry of motor vehicles, department of revenue, board of higher education, department of transitional assistance, office of medicaid, department of public health and division of unemployment assistance, notwithstanding section 46 of chapter 151A of the General Laws, shall provide in electronic form a copy of the database in a format acceptable to the secretary.  In addition, any city or town that conducts an annual census shall provide such data to the secretary, and all public and private colleges and universities shall provide such data from enrollment records. To the extent possible, the data shall include the name, residential address, mailing address, race, gender, social security number, and date of birth of each person.  In those cases where a federal or state waiver or authorization is necessary to provide this information, each agency or entity shall take all necessary steps to obtain such authorization or waiver, which a state agency may not unreasonably withhold. No information shall be provided to the secretary beyond that required to create the administrative records list.  Nothing shall be included in a printed administrative records list that would indicate from which source list the information on an individual resident was derived.  The secretary may secure and use additional lists from nongovernmental institutions and sources in order to create the administrative records list.
(c) The secretary, on behalf of the working group, shall provide in electronic form a copy of the administrative records list, not containing social security numbers, to the jury commissioner for the purpose of testing the feasibility of using such a list for the creation of jury pools.  The secretary shall provide in electronic form a copy of the administrative records list to the state secretary only for purposes of testing its use to maintain voter registration lists and testing its use as a source for street lists for cities and towns, and to the Massachusetts State Data Center at the University of Massachusetts Donahue Institute for the purposes of testing the administrative records list and supporting efforts to improve United States Census Bureau population estimates for the commonwealth only.  The secretary, the state secretary, the jury commissioner, the department of revenue, the Massachusetts State Data Center, and all others who have access to data under this section shall treat all such data confidentially, and such data and any record created, received or maintained from such data under this section shall not be a public record and shall not be disclosed except as provided in this section.  Testing of the administrative records list shall not replace or alter any requirement of current law for creating jury pools, maintaining voting lists or establishing street lists, until further act of the general court.  The jury commissioner and the state secretary shall submit an annual report each year until the testing is complete to the clerks of the House and the Senate, the Chairs of the Committee on Election Laws, and the Chairs of the Committee on State Administration and Regulatory Oversight.
(d) For the purposes of establishing an administrative records list, the commissioner of revenue shall disclose to the office of the secretary the names, social security numbers and addresses of residents filing personal income tax returns, but such information shall not be disclosed if the IV-D agency has been provided with reasonable evidence of a risk of harm pursuant to section 5A of chapter 119A of the General Laws.
(e)  For the purposes of this section, the information contained in the wage reporting match system may be disclosed to the secretary for the purpose of establishing an administrative records list.  Only information required to create the administrative records list shall be provided to the secretary including, but not limited to, the name and social security number of each individual listed.