JUD  85

APPOINTMENT OF PROBATION OFFICERS

Mr. Pacheco moved that the bill be amended by inserting after Section ____, the following new Section:-

            “Section ___.  Section 83 of chapter 276 of the General Laws, as so appearing in the 2006 Official Edition, is hereby amended by inserting at the end thereof the following:- “Upon the appointment of a probation officer, the commissioner shall forward notice of said appointment to the chief justice for administration and management, together with (i) a certification of compliance with the personnel standards promulgated pursuant to section 8 of chapter two hundred and eleven B and in effect as of July 1, 1998, with respect to job posting, newspaper advertising, review of applications, interviewing applicants, reference checks, verification of eligibility to work in the United States, and criminal record checks and (ii) a certification that sufficient funding is available in the current fiscal year budget to support the position as of the effective date of the appointment. No such appointment may be made in violation of the nepotism provisions of chapter 268A. The chief justice for administration and management shall, within 21 days, review such appointments of probation officers solely for compliance with the specific personnel standards promulgated pursuant to section 8 of chapter two hundred and eleven B  and in effect as of July 1, 1998, that deal expressly with job posting, newspaper advertising, review of applications, interviewing applicants, reference checks, verification of eligibility to work in the United States, and criminal record checks. Any such appointment not disapproved by the chief justice for administration and management within 21 days of receipt of the appointing authority’s notice of appointment and accompanying certifications shall be deemed to be approved.”

JUD  86

PER DIEM COURT OFFICERS

Mr. Pacheco moved that the bill be amended, in Section 2, in item 0330-3200, by inserting after the word “officers” the following:- “, per diem court officers,”.

JUD  87

SUFFOLK COUNTY DISTRICT ATTORNEY

Messrs. Tolman, Hart, and Petruccelli, Ms. Walsh  and Mr. Galluccio moved that the bill be amended, in Section 2, in item 0340‑0100, by inserting after “intention to make that transfer” the following:- “provided further that not more than $100,000 shall be expended for additional support of the Gun Prosecution Task Force, otherwise known as the Gun Court;  and provided that not more than $150,000 shall be expended for support of a second Grand Jury for Suffolk County to investigate unsolved homicides, otherwise known as the Special Grand Jury; and provided that not more than $230,000 shall be expended for the cost of rent increases and property tax pass through increases at One Bulfinch Place

JUD  88

CHIEF JUSTICE

Mr. Baddour moved that the bill be amended, in Section 2, in item 0330-3333, by inserting at the end the following:-

“Provided further that the chief justice for administration and management shall expend or allocate monies from this line item to fill existing trail court vacancies in statutory positions first.”

JUD  89

COURTS

Mr. Baddour moved that the bill be amended, in Section 2, in item 0330-3334, by inserting at the end the following:-

“Provided further, that the chief justice for administration and management shall expend or allocate monies from this line item to fill existing vacancies in statutory positions within the district court and Boston Municipal Court first.”

JUD  90

MASSACHUSETTS CORRECTIONAL LEGAL SERVICES

Ms. Jehlen and Messrs. Creem, McGee, Creedon, Spilka  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:— “985,824.

JUD  91

LEOMINSTER DISTRICT COURT

Mr. Antonioni moved that the bill be amended, in Section 2, in item 0330-0300, by inserting at the end thereof the following:- "provided further, that $500,000 be expended for renovations to the Leominster District Court" and by striking out the figure "$135,665,342" and inserting in place thereof the following figure:- "$136,165,342".

JUD  92

DISPUTE RESOLUTION SERVICES

Mr. Buoniconti moved that the bill be amended, in Section 2, in item 0330-0410, by striking out the figure “$42,737” and inserting in place thereof the figure “$60,000”

JUD  93

WITHDRAWN

JUD  94

COMMISSION ON JUDICIAL CONDUCT

Mr. Tolman moved that the bill be amended, in Section 2, in item 0321-0001, by striking out the figure “$566,753” and inserting in place thereof the following figure:- “574,398”.

JUD  95

CLARIFYING THE AUTHORITY OF COUNTY SHERIFFS

Mr. Morrissey moved that the bill be amended inserting at the end thereof the following 2 sections:-

SECTION 91. Section 1 of Chapter 124 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out paragraph (s), and inserting in place thereof the following paragraph:-

(s) adopt policies and procedures, in consultation with the county sheriffs, establishing reasonable medical and health service fees for the medical services that are provided to inmates at any county or state correctional facility. Except as otherwise provided, the commissioner or a county sheriff may charge each inmate a reasonable fee for any medical and mental health services provided, including prescriptions, medication, or prosthetic devices. The fee shall be deducted from the inmate’s account as provided for in section 48A of chapter 127, and from the commissary account of county correctional inmates. The commissioner or a county sheriff shall exempt the following inmates from payment of medical and health services fees: medical visits initiated by the medical or mental health staff, consultants, or contract personnel of the department, prisoners determined to be terminally ill, pregnant, or otherwise hospitalized for more than 30 days successively during the term of incarceration and juvenile inmates and inmates who are undergoing follow-up medical treatment for chronic diseases. Notwithstanding any other provision of this section, an inmate shall not be refused medical treatment for financial reasons. The commissioner or a county sheriff shall also establish other criteria for reasonable deductions from moneys credited to the inmate’s account as provided for in section 48A of chapter 127 , or from the commissary account of a county correctional facility inmate to repay the cost of medical treatment for injuries that were self-inflicted or inflicted by the inmate on others.

SECTION 92.  Said section 1 of said chapter 124 of the General Laws, as so appearing, is hereby further amended by striking out paragraph (u), and inserting in place thereof the following paragraph:-

(u) adopt policies and procedures, in consultation with the county sheriffs, establishing reasonable fees for maintenance and administration of inmate accounts maintained at any county or state correctional facility. The commissioner or a county sheriff may charge each inmate reasonable fees for the maintenance and administration of inmate accounts, to include but not be limited to booking fees, and may deduct such fees from each inmate’s accounts as provided for in section 48A of chapter 127, or from the commissary account of a county correctional facility inmate.

JUD  96

NORFOLK DISTRICT ATTORNEY PAC

Mr. Morrissey moved that the bill be amended, in Section 2, in item 0340-0700, by adding after the last word of item the following:- ; prior appropriation continued.

Redraft JUD  97

PROBATE COURT DEPUTY ASSISTANT REGISTRAR

Mr. Morrissey moved that the bill be amended, in Section 2, in item 0333-0002, by inserting after item 0333-0002, the following item:

0333-0003       For the purpose of hiring deputy assistant registers in the various counties throughout the Commonwealth, as provided by statute, by the Registers of Probate with the approval of the Chief Justice of the Probate and FamilyCourtDepartment ....$75,000

JUD  98

DISTRICT ATTORNEY'S ASSOCIATION - OPERATIONAL

Mr. Downing moved that the bill be amended, in Section 2, in item 0340-2100, by striking out the figure “$1,786,550” and inserting in place thereof the following figure:- “$2,014,832"

Redraft JUD  99

ASSISTANT CLERKS OF THE SJC

Mr. Petruccelli moved that the bill be amended by inserting, after Section 90, the following new Sections: -
           
“SECTION 91.  Section 93 of said chapter 221 of the General Laws, as so appearing, is hereby amended by striking out the figure “78.27” and inserting in place thereof the following figure:- 82.50.”

“SECTION 92.  Section 94 of said chapter 221 of the General Laws, as so appearing, is hereby amended by striking out, in line 16, the figure “78.27” and inserting in place thereof the following figure:- 82.50.”

JUD  100

DISTRICT ATTORNEY - WIDE AREA NETWORK

Mr. Downing moved that the bill be amended, in Section 2, in item 0340-8908, by striking out the figure “$1,344,244” and inserting in place thereof the following figure:- “$1,362,600”

JUD  101

MENTAL HEALTH LEGAL ADVISORS

Messrs. Creedon, Marzilli, McGee, Ms. Candaras and Ms. Creem moved that the bill be amended, in Section 2, in item 0321-2000 by striking the figures “ 789,550” and inserting in place thereof the following new figures:- “813,797

JUD  102

EXPANSION OF THE DNA DATABASE

Messrs. Tisei, Tarr, Knapik, Hedlund and Brown moved that the bill be amended by inserting after section 90 the following section:-

“SECTION 91.  Section 3 of chapter 22E of the General Laws, as appearing in the 2004 official edition, is hereby amended by striking the text thereof, and inserting in place thereof following: -

“Any person who is arrested by virtue of process, or is taken into custody by an officer and charged with the commission of a felony, and who upon arrest has been arraigned pursuant to the applicable court rules under the Massachusetts Rules of Criminal Procedure, shall submit a DNA sample to the department.  The sample shall be collected by a person authorized under section 4 of this chapter subsequent to arraignment, in accordance with regulations or procedures established by the director.  The results of such sample shall be made part of the state DNA database.

Section 2.  Section 12 of chapter 22E of the General Laws, as appearing in the 2004 offical edition, is hereby amended in line 6 by striking out the words “$1,000” and inserting in its place thereof the folllowing words:- $2,000.  Said section is further amended in line 7 by striking out the words “six months” and inserting in place thereof the folllowing words: - one year.

Section 3.  Section 13 of chapter 22E of the General Laws, as appearing in the 2004 offical edition, is hereby amended by striking in line 4 the words “$1,000” and inserting in its place thereof the folllowing words:- $2,000.  Said section is further amended in line 5 by striking out the words “six months” and inserting in place thereof the folllowing words: - one year.

Section  4.  Section 15 of chapter 22E of the General Laws, as appearing in the 2004 offical edition, is hereby amended in line 3 by adding after the word “expunged” the following: -

“if the original offense upon which the collection of DNA is based does not result in a conviction; or”

JUD  103

SOCIAL LAW LIBRARY

Mr. Creedon moved that the bill be amended, in Section 2, in item 0341-2205 by striking out the figure “$2,129,671” and inserting in place thereof the figure:- “$2,229,671”

JUD  104

RELATIVE TO SENTENCING REFORM

Ms. Creem moved that the bill be amended by adding the following sections:-

SECTION __. Section 32H of chapter 94C, as appearing in the 2004 Official Edition, is hereby amended by striking out, in line 13, the word “parole,” and is hereby further amended by inserting at the end of said section the following paragraph:-

Notwithstanding any general or special law to the contrary, a person convicted of violating any provisions of sections 32, 32A, 32B, 32E, 32F, and 32J of chapter 94C of the General Laws, who is serving a sentence where two-thirds of the maximum term of imprisonment imposed is less than the mandatory minimum sentence required under that section shall be eligible for parole after serving two-thirds of the maximum term of imprisonment imposed.

SECTION __. Notwithstanding the provisions of sections 32, 32A, 32B, 32E, 32F, and 32J of chapter 94C of the General Laws, or any other general or special law to the contrary, persons serving mandatory minimum sentences for violations of the above referenced sections as of July 1, 2008 shall be eligible for parole after serving two-thirds of their maximum sentence.

JUD  105

OFFICE OF COMMISSIONER OF PROBATION I

Messrs. Creedon, Joyce, Pacheco, Montigny, Antonioni, Hart, McGee and Ms. Chandler  moved that the bill be amended, in Section 2, in item 0339--100, by striking the figures “137,034,452” and inserting in place thereof the following new figures:- “140,688,080

JUD  106

FALSE CLAIMS RECOVERIES RETAINED REVENUE

Mr. Tisei moved that the bill be amended, in Section 2, in item 0810-0013, by striking out the figure “$650,000” and inserting in place thereof the following figure:- “450,000”.

JUD  107

SUPREME JUDICIAL COURT ADMINISTRATION

Mr. Tisei moved that the bill be amended, in Section 2, in item 0320-0003, by striking out the figure “8,294,996” and inserting in place thereof the following figure:- “7,941,973”

JUD  108

OFFICE OF COMMISSIONER OF PROBATION II

Messrs. Creedon, Joyce Pacheco, Montigny, Antonioni, Hart, McGee and Ms. Chandler moved that the bill be amended, in Section 2, in item by striking the figures “6,734,529” and inserting in place thereof the following new figures:- “7,707,000"

JUD  109

COMMITTEE ON PUBLIC COUNSEL SERVICES

Mr. Creedon moved that the bill be amended by inserting the following section:—

         SECTION __.  Section 11 of chapter 211D of the General Laws is hereby amended by striking out the second paragraph.

JUD  110

RELATIVE TO DATA COLLECTION
CONCERNING COURT-INVOLVED JUVENILES

Ms. Creem and Ms. Spilka moved to amend the bill (Senate, No. 2600) in Section 2, in the items indicated, by adding the following words:

0330-0300     For the central administration of the trial court

and provided further, that the administrator of the juvenile courts shall collect statistical data regarding the race, ethnicity, gender, age, and home zip code of  the juveniles who come before it, as well as the number of jury trials, the number of bench trials, as well as the final disposition of juveniles’ cases denoting categories of adjudication for each delinquency charge, to include dismissals prior to arraignment, dismissals after arraignment, nolle prosequis, number of cases filed, CWOFs  (continuance  without a finding) ending in dismissals, number of CWOFs  that do not end in dismissals, pre-trial detention, pre-trial probation ending in dismissals, pre-trial probation that does not end in dismissal, number of probation violations filed,  number of probation violation  hearings, number of findings of probation violations, number of orders to hold youth in detention pending final hearing on probation violation, number of probation violations resulting in commitment to department of youth services, findings of delinquency, commitments to the department of youth services,  the number of youth indicted, the number of youth indicted as youthful offenders and the final adjudication and disposition of their cases, to be public records submitted annually by February 1, of the following year, to the house and senate committees on ways and means, the executive office of public safety for purposes of developing its annual juvenile fact book and informing the juvenile justice advisory committee, the administrator of the trial courts, and the clerk of the general court.

0399-1001   Office of the Commissioner of Probation.

and provided further, that the commissioner of the department of probation shall collect statistical data regarding the race, ethnicity, gender, age and home zip code of all juvenile intake forms, including the number of juveniles on pre-trial probation, number of youth on probation, number of violations of probation, number of violations of probation not for new arrests,  number of violations of probation for new arrests, number of violations of probation resulting in detention for new arrests, number of violations of probation resulting in detention for reasons other than new arrests, number of youth committed to the department of youth services as a result of violation of probation for new charges, number of youth committed to the department of youth services for reasons other than new charges, number of juveniles using global positioning satellite (GPS), number of juveniles in whose homes electronic monitoring (ELMO)  mechanisms have been placed,  number of youth placed in alternatives to lock up programs, to be public records submitted annually by February 1, of the following year, to the house and senate committees on ways and means, the executive office of public safety for purposes of developing its annual juvenile fact book and informing the juvenile justice advisory committee, the administrator of the trial courts, and the clerk of the general court.

0340-0100     Suffolk district attorney

and provided further, that the office shall collect statistical data on the race, ethnicity, gender, age and home address zip code of the juveniles which it has prosecuted, as well as data on the number of youth participating in pre-arraignment diversion programs, number of youth participating in post-arraignment diversion programs the number of each type of  charge, number of prosecutions of  juveniles as youthful offenders, the number of indictments dismissed, the number of indictments in which a nolle prosequi was entered, the numbers of indictments reduced to a delinquency charge, to be public records submitted annually by February 1, of the following year, to the house and senate committees on ways and means, the executive office of public safety for purposes of developing its annual juvenile fact book and informing the juvenile justice advisory committee, the administrator of the trial courts, and the clerk of the general court.

0340-0200     Middlesex district attorney

and provided further, that the office shall collect statistical data on the race, ethnicity, gender, age and home address zip code of the juveniles which it has prosecuted, as well as data on the number of youth participating in pre-arraignment diversion programs, number of youth participating in post-arraignment diversion programs the number of each type of  charge, number of prosecutions of  juveniles as youthful offenders, the number of indictments dismissed, the number of indictments in which a nolle prosequi was entered, the numbers of indictments reduced to a delinquency charge, to be public records submitted annually by February 1, of the following year, to the house and senate committees on ways and means, the executive office of public safety for purposes of developing its annual juvenile fact book and informing the juvenile justice advisory committee, the administrator of the trial courts, and the clerk of the general court.

0340-0300     Eastern district attorney

and provided further, that the office shall collect statistical data on the race, ethnicity, gender, age and home address zip code of the juveniles which it has prosecuted, as well as data on the number of youth participating in pre-arraignment diversion programs, number of youth participating in post-arraignment diversion programs the number of each type of  charge, number of prosecutions of  juveniles as youthful offenders, the number of indictments dismissed, the number of indictments in which a nolle prosequi was entered, the numbers of indictments reduced to a delinquency charge, to be public records submitted annually by February 1, of the following year, to the house and senate committees on ways and means, the executive office of public safety for purposes of developing its annual juvenile fact book and informing the juvenile justice advisory committee, the administrator of the trial courts, and the clerk of the general court.

0340-0400     Worcester district attorney

and provided further, that the office shall collect statistical data on the race, ethnicity, gender, age and home address zip code of the juveniles which it has prosecuted, as well as data on the number of youth participating in pre-arraignment diversion programs, number of youth participating in post-arraignment diversion programs the number of each type of  charge, number of prosecutions of  juveniles as youthful offenders, the number of indictments dismissed, the number of indictments in which a nolle prosequi was entered, the numbers of indictments reduced to a delinquency charge, to be public records submitted annually by February 1, of the following year, to the house and senate committees on ways and means, the executive office of public safety for purposes of developing its annual juvenile fact book and informing the juvenile justice advisory committee, the administrator of the trial courts, and the clerk of the general court.

0340-0500     Hamden district attorney’s office

and provided further, that the office shall collect statistical data on the race, ethnicity, gender, age and home address zip code of the juveniles which it has prosecuted, as well as data on the number of youth participating in pre-arraignment diversion programs, number of youth participating in post-arraignment diversion programs the number of each type of  charge, number of prosecutions of  juveniles as youthful offenders, the number of indictments dismissed, the number of indictments in which a nolle prosequi was entered, the numbers of indictments reduced to a delinquency charge, to be public records submitted annually by February 1, of the following year, to the house and senate committees on ways and means, the executive office of public safety for purposes of developing its annual juvenile fact book and informing the juvenile justice advisory committee, the administrator of the trial courts, and the clerk of the general court.

0340-0700     Norfolk district attorney

and provided further, that the office shall collect statistical data on the race, ethnicity, gender, age and home address zip code of the juveniles which it has prosecuted, as well as data on the number of youth participating in pre-arraignment diversion programs, number of youth participating in post-arraignment diversion programs the number of each type of  charge, number of prosecutions of  juveniles as youthful offenders, the number of indictments dismissed, the number of indictments in which a nolle prosequi was entered, the numbers of indictments reduced to a delinquency charge, to be public records submitted annually by February 1, of the following year, to the house and senate committees on ways and means, the executive office of public safety for purposes of developing its annual juvenile fact book and informing the juvenile justice advisory committee, the administrator of the trial courts, and the clerk of the general court.

0340-0800     Plymouth district attorney

and provided further, that the office shall collect statistical data on the race, ethnicity, gender, age and home address zip code of the juveniles which it has prosecuted, as well as data on the number of youth participating in pre-arraignment diversion programs, number of youth participating in post-arraignment diversion programs the number of each type of  charge, number of prosecutions of  juveniles as youthful offenders, the number of indictments dismissed, the number of indictments in which a nolle prosequi was entered, the numbers of indictments reduced to a delinquency charge, to be public records submitted annually by February 1, of the following year, to the house and senate committees on ways and means, the executive office of public safety for purposes of developing its annual juvenile fact book and informing the juvenile justice advisory committee, the administrator of the trial courts, and the clerk of the general court.

0340-0900     Bristol district attorney

and provided further, that the office shall collect statistical data on the race, ethnicity, gender, age and home address zip code of the juveniles which it has prosecuted, as well as data on the number of youth participating in pre-arraignment diversion programs, number of youth participating in post-arraignment diversion programs the number of each type of  charge, number of prosecutions of  juveniles as youthful offenders, the number of indictments dismissed, the number of indictments in which a nolle prosequi was entered, the numbers of indictments reduced to a delinquency charge, to be public records submitted annually by February 1, of the following year, to the house and senate committees on ways and means, the executive office of public safety for purposes of developing its annual juvenile fact book and informing the juvenile justice advisory committee, the administrator of the trial courts, and the clerk of the general court.

0340-1000     Cape and Islands district attorney

and provided further, that the office shall collect statistical data on the race, ethnicity, gender, age and home address zip code of the juveniles which it has prosecuted, as well as data on the number of youth participating in pre-arraignment diversion programs, number of youth participating in post-arraignment diversion programs the number of each type of  charge, number of prosecutions of  juveniles as youthful offenders, the number of indictments dismissed, the number of indictments in which a nolle prosequi was entered, the numbers of indictments reduced to a delinquency charge, to be public records submitted annually by February 1, of the following year, to the house and senate committees on ways and means, the executive office of public safety for purposes of developing its annual juvenile fact book and informing the juvenile justice advisory committee, the administrator of the trial courts, and the clerk of the general court.

0340-1100     Berkshire district attorney

and provided further, that the office shall collect statistical data on the race, ethnicity, gender, age and home address zip code of the juveniles which it has prosecuted, as well as data on the number of youth participating in pre-arraignment diversion programs, number of youth participating in post-arraignment diversion programs the number of each type of  charge, number of prosecutions of  juveniles as youthful offenders, the number of indictments dismissed, the number of indictments in which a nolle prosequi was entered, the numbers of indictments reduced to a delinquency charge, to be public records submitted annually by February 1, of the following year, to the house and senate committees on ways and means, the executive office of public safety for purposes of developing its annual juvenile fact book and informing the juvenile justice advisory committee, the administrator of the trial courts, and the clerk of the general court.

4200-0012       Department of Youth Services

and provided further, that the department of youth services shall collect statistical data on the race, ethnicity, gender, age and the home address zip code of each juvenile detained, pre-trial and committed in department youth services facilities, as well as the duration of each juvenile’s stay in the department’s secure and non-secure facilities, revocation of grants of conditional liberty, duration of secure confinement prior to revocation of conditional liberty, duration of secure confinement after revocation of conditional liberty, number of extensions of commitment sought by the department of youth services, to be public records submitted annually by February 1, of the following year, to the house and senate committees on ways and means, the executive office of public safety for purposes of developing its annual juvenile fact book and informing the juvenile justice advisory committee, the administrator of the trial court, and the clerk of the general court.

8000-0000   Executive Office of Public Safety and Homeland Security, Office of the secretary

and provided further, that the office shall design, direct and administer a program whereby the department of state police, municipal police departments, Massachusetts bay transportation police, any school-based police from a local education authority, and any contractor, vendor or service-provider working with such police or other state or municipal department, including any alternative lock-up programs, shall be required to collect statistical data on the race, ethnicity, gender, age, and home address zip code of arrests of juveniles, charges against juveniles, such data to be public records and to be compiled and submitted annually by February 1, of the following year, to the house and senate committees on ways and means, and such data to be utilized by the office for purposes of developing its annual juvenile fact book and informing the juvenile justice advisory committee, the administrator of the trial courts, and the clerk of the general court.

Sheriffs

8910-0000     County correction.

and provided further that, each sheriff’s department shall collect statistical data on juveniles’ race, ethnicity, gender, age and home address zip code for those juveniles sentenced to state prison as youthful offenders, those youthful offenders who are in segregated facilities, as well as the number of  people entering sheriffs’ and department of corrections facilities as juveniles annually, the number of juveniles pre- and post-arraignment, to be public records submitted annually by February 1, of the following year, to the house and senate committees on ways and means, the executive office of public safety for purposes of developing its annual juvenile fact book and informing the juvenile justice advisory committee, the administrator of the trial courts, and the clerk of the general court.

8910-0102     For the operation of the jail, house of correction and any other statutorily authorized facilities and functions under the administration of the office of the Sheriff of Hamden county

and provided further that, the sheriff’s department shall collect statistical data on juveniles’ race, ethnicity, gender, age and home address zip code for those juveniles sentenced to state prison as youthful offenders, those youthful offenders who are in segregated facilities, as well as the number of  people entering sheriffs’ and department of corrections facilities as juveniles annually, the number of juveniles pre- and post-arraignment, to be public records submitted annually by February 1, of the following year, to the house and senate committees on ways and means, the executive office of public safety for purposes of developing its annual juvenile fact book and informing the juvenile justice advisory committee, the administrator of the trial courts, and the clerk of the general court.

8910-0105     For the operation of the jail, house of correction and any other statutorily authorized facilities and functions under the administration of the office of the Sheriff of Worcester county

and provided further that, the sheriff’s department shall collect statistical data on juveniles’ race, ethnicity, gender, age and home address zip code for those juveniles sentenced to state prison as youthful offenders, those youthful offenders who are in segregated facilities, as well as the number of  people entering sheriffs’ and department of corrections facilities as juveniles annually, the number of juveniles pre- and post-arraignment, to be public records submitted annually by February 1, of the following year, to the house and senate committees on ways and means, the executive office of public safety for purposes of developing its annual juvenile fact book and informing the juvenile justice advisory committee, the administrator of the trial courts, and the clerk of the general court.

8910-0107     For the operation of the jail, house of correction and any other statutorily authorized facilities and functions under the administration of the office of the Sheriff of Middlesex county

and provided further that, the sheriff’s department shall collect statistical data on juveniles’ race, ethnicity, gender, age and home address zip code for those juveniles sentenced to state prison as youthful offenders, those youthful offenders who are in segregated facilities, as well as the number of  people entering sheriffs’ and department of corrections facilities as juveniles annually, the number of juveniles pre- and post-arraignment, to be public records submitted annually by February 1, of the following year, to the house and senate committees on ways and means, the executive office of public safety for purposes of developing its annual juvenile fact book and informing the juvenile justice advisory committee, the administrator of the trial courts, and the clerk of the general court.

8910-0108     For the operation of the jail, house of correction and any other statutorily authorized facilities and functions under the administration of the office of the Sheriff of Franklin county

and provided further that, the sheriff’s department shall collect statistical data on juveniles’ race, ethnicity, gender, age and home address zip code for those juveniles sentenced to state prison as youthful offenders, those youthful offenders who are in segregated facilities, as well as the number of  people entering sheriffs’ and department of corrections facilities as juveniles annually, the number of juveniles pre- and post-arraignment, to be public records submitted annually by February 1, of the following year, to the house and senate committees on ways and means, the executive office of public safety for purposes of developing its annual juvenile fact book and informing the juvenile justice advisory committee, the administrator of the trial courts, and the clerk of the general court.

8910-0110      For the operation of the jail, house of correction and any other statutorily authorized facilities and functions under the administration of the office of the Sheriff of Hampshire county

and provided further that, the sheriff’s department shall collect statistical data on juveniles’ race, ethnicity, gender, age and home address zip code for those juveniles sentenced to state prison as youthful offenders, those youthful offenders who are in segregated facilities, as well as the number of  people entering sheriffs’ and department of corrections facilities as juveniles annually, the number of juveniles pre- and post-arraignment, to be public records submitted annually by February 1, of the following year, to the house and senate committees on ways and means, the executive office of public safety for purposes of developing its annual juvenile fact book and informing the juvenile justice advisory committee, the administrator of the trial courts, and the clerk of the general court.

8910-0145     For the operation of the jail, house of correction and any other statutorily authorized facilities and functions under the administration of the office of the Sheriff of Berkshire county

and provided further that, the sheriff’s department shall collect statistical data on juveniles’ race, ethnicity, gender, age and home address zip code for those juveniles sentenced to state prison as youthful offenders, those youthful offenders who are in segregated facilities, as well as the number of  people entering sheriffs’ and department of corrections facilities as juveniles annually, the number of juveniles pre- and post-arraignment, to be public records submitted annually by February 1, of the following year, to the house and senate committees on ways and means, the executive office of public safety for purposes of developing its annual juvenile fact book and informing the juvenile justice advisory committee, the administrator of the trial courts, and the clerk of the general court.

8910-0619     For the operation of the jail, house of correction and any other statutorily authorized facilities and functions under the administration of the office of the Sheriff of Essex county

and provided further that, the sheriff’s department shall collect statistical data on juveniles’ race, ethnicity, gender, age and home address zip code for those juveniles sentenced to state prison as youthful offenders, those youthful offenders who are in segregated facilities, as well as the number of  people entering sheriffs’ and department of corrections facilities as juveniles annually, the number of juveniles pre- and post-arraignment, to be public records submitted annually by February 1, of the following year, to the house and senate committees on ways and means, the executive office of public safety for purposes of developing its annual juvenile fact book and informing the juvenile justice advisory committee, the administrator of the trial courts, and the clerk of the general court.

8950-0001     Parole Board

provided that the board shall collect statistical data on juveniles’ race, ethnicity, gender, age and home address zip code, for all people who entered department of correction facilities as juveniles, as well as the number of adults who entered as juveniles who have been granted parole, the number of adults who entered as juveniles who were supervised while on parole, and had their parole revoked, to be public records submitted annually by February 1, of the following year, to the house and senate committees on ways and means, the executive office of public safety for purposes of developing its annual juvenile fact book and informing the juvenile justice advisory committee, the administrator of the trial courts, and the clerk of the general court.

JUD  111

BRISTOL DISTRICT ATTORNEY

Ms. Menard moves that the bill be amended, in Section 2, in item 0340 -0900 and inserting in place thereof the following item:-

“0340-0900     For the Bristol district attorney’s office, including the victim and witness assistance program, the child abuse and sexual assault prosecution program and the domestic violence unit; provided, that the office shall submit a report to executive director of the Massachusetts district attorneys’ association no later than February 1, 2009, summarizing the number and types of criminal cases managed or prosecuted by the office in calendar year 2008 and the disposition or status thereof, which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals, and supreme judicial court in which the cases were managed or prosecuted; provided further, that for each jurisdiction of said courts, the report shall include, but not be limited to, the following: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) summary of dispositions or statuses thereof; provided further, that 50 per cent of fees payable pursuant to Massachusetts Rules of Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by the office shall be paid from this item; provided further, that the office shall submit a report to the house and senate committees on ways and means no later than February 1, 2009, detailing the total number and use of private attorneys participating in any volunteer prosecutor program; provided further, that the report shall include, but not be limited to, the following: (a) the total number of personnel from private law firms participating in the program; (b) the name and address of the law firms; (c) the duties performed by the personnel; and (d) the benefits and cost savings associated with the program; provided further, that the office shall submit a report to the executive director of the Massachusetts district attorneys’ association no later than February 1, 2009, detailing the office’s use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to, the following: (a) the amount of the funds deposited into the office’s special law enforcement trust fund in fiscal years 2006, 2007 and 2008; (b) a description of how the funds were used in those fiscal years; and (c) the balance of the trust fund as of January 1, 2009; provided further, that no assistant district attorney shall be paid an annual salary of less than $37,500; and provided further, that not less than $150,000 shall be expended for the purpose of continuing the Katie Brown domestic violence prevention programs in schools within Bristol County to be administered by the Bristol County District Attorney; and provided further, that not less than $231,200 shall be expended for the purpose of the Bristol County Child Advocacy Center operating expenses located in Fall River to be administered by the Bristol County District Attorney; 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………………………….$7,932,437”

JUD  112

RESIDENTIAL MORTGAGE FRAUD

Ms. Tucker and Mr. Creedon moved that the bill be amended by inserting, after Section 90, the following new Section: -

“SECTION 91.  1.       Chapter 266 is amended by inserting after Section 35 the following new section:

SECTION 35A.  Residential Mortgage Fraud

Any person who intentionally:

     (1) Makes or causes to be made any material statement that is false or any statement that contains a material omission, knowing the same to be false or to contain a material omission, during or in connection with the mortgage lending process, with the intention that said statement be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process; 

     (2)  Uses or facilitates the use of any material statement that is false or any statement that contains a material omission, knowing the same to be false or to contain a material omission, during or in connection with the mortgage lending process, with the intention that said statement be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process;

     (3)  Receives any  proceeds or any other funds in connection with a residential mortgage closing knowing said proceeds or funds to have resulted from a violation of paragraph (1) or (2) of this section;

      (4)  Files or causes to be filed with the official registrar of deeds of any county of this commonwealth any document that contains a material statement that is false or a material omission,  knowing such document to contain a material statement that is false or a material omission;

 shall be punished by imprisonment in the state prison for not more than five years or by imprisonment in the house of correction for not more than two and one-half years or by a fine of not more than $10,000 in the case of a natural person or not more than $100,000 in the case of any other person, or by both such fine and imprisonment.   [Any person who engages in a pattern of residential mortgage fraud shall be punished by imprisonment in the state prison for not more than fifteen years or by a fine of not more than $50,000 in the case of a natural person or not more than $500,000 in the case of any other person, or by both such fine and imprisonment.]   

As used in this section:

 (a)  “Funds” shall include but not be limited to a commission, fee, yield spread premium, or compensation in any form.

 (b)  “Material omission” means the omission or concealment of a material fact necessary in order to make the statement made, in the light of the circumstances under which it is made, not misleading.

(c)  “Mortgage lending process” means the process through which a person seeks or obtains a residential mortgage loan including, but not limited to, solicitation, application, or origination, negotiation of terms, third-party provider services, underwriting, signing and closing, and funding of the loan. Documents involved in the mortgage lending process include, but are not limited to, uniform residential loan applications or other loan applications; appraisal reports; HUD-1 settlement statements; supporting personal documentation for loan applications such as W-2 forms, verifications of income and employment, bank statements, tax returns, and payroll stubs; and any required disclosures;

[(d) “Pattern of residential mortgage fraud” means the violation of paragraph (1), (2), (3), or (4) of this section in connection with three or more residential properties;]

   (e)  “Person” means a natural person, corporation, company, limited liability company, partnership, real estate trust, association, or any other entity;

   (f) “Residential mortgage loan” means a loan or agreement to extend credit made to a person, which loan is secured by a mortgage, security interest, deed to secure debt, deed of trust, or other document representing a security interest or lien upon any interest in a one-to-four family residential property located in Massachusetts, including the renewal or refinancing of any such loan.

Any violation of this section may be prosecuted and punished in the county in which the residential property for which a mortgage loan is being sought is located, or in any county in which any act was performed in furtherance of the violation, or in any county in which any person alleged to have violated this section had control or possession of any proceeds of or other funds received as a result of the violation, or in any county in which a closing on the mortgage loan occurred, or in any county in which a document containing a deliberate misstatement, misrepresentation, or omission is filed with the official registrar of deeds.

It is an affirmative defense to a prosecution of a defendant for a violation of this section committed by an employee or agent of the defendant if the defendant demonstrates all of the following by a preponderance of the evidence:

(a) The defendant had in force at the time of the violation and continues to have in force a written policy that includes at least all of the following:

(i) A prohibition against conduct that violates this section by employees and agents of the defendant

(ii) Penalties or discipline for violation of the policy

(iii) A process for educating employees and agents concerning the policy and consequences of a violation

(iv) A requirement for a criminal history check before employing an employee or engaging an agent and a requirement that the defendant will not employ or engage an individual whose criminal history check reveals a previous conviction of a crime involving fraud. 

(b) The defendant demonstrates that it enforces the written policy described in subdivision (a).

(c) Before the violation of this section the defendant communicated the written policy described in subdivision (a) and the consequences for violating the policy to the employee or agent who committed the violation. 

It is a rebuttable presumption that a borrower in the residential mortgage lending process did not make a false material statement or a material omission.  Two or more single incidents or occurrences of fraud in the mortgage lending process are sufficient to overcome this rebuttable presumption. 

2.            Section 33 of Chapter 266 is amended by:

a.         Striking the words “obtains credit from” and inserting in their place the words “obtains credit for himself or for any other person from”; and

b.         Inserting after the words “banking institution” the words “or any mortgage lender as defined in Section 1 of Chapter 255E”; and

c.         Inserting the following phrase after the word “larceny”:  “, and, if the value of the benefit described in clause (1) or dollar amount of credit obtained exceeds two hundred and fifty dollars, shall be punished as if he had stolen property of a value exceeding two hundred and fifty dollars as provided in Section 30(1)”

so that the statute as amended reads as follows:

Chapter 266, Section 33. Larceny; false pretences relating to contracts, banking transactions or credit

(1) Whoever, with intent to defraud, obtains by a false pretence the making, acceptance or endorsement of a bill of exchange or promissory note, the release or substitution of collateral or other security, an extension of time for the payment of an obligation, or the release or alteration of the obligation of a written contract, or (2) whoever, with intent to defraud, by a false statement in writing respecting the financial condition, or means or ability to pay, of himself or of any other person, obtains for himself or for any other person credit from any bank or trust company or any banking institution or any mortgage lender as defined in Section 1 of Chapter 255E or any retail seller of goods or services accustomed to give credit in any form whatsoever shall be guilty of larceny , and, if the value of the benefit described in clause (1) or dollar amount of credit obtained exceeds two hundred and fifty dollars, shall be punished as if he had stolen property of a value exceeding two hundred and fifty dollars as provided in Section 30(1).

3.         Section 34 of  Chapter 266 is amended by:

a.         Striking out the words “the preceding section” and inserting in their place the words “Section 33"; and

b.         Inserting the following phrase after the word “larceny”:  “, and, if the dollar amount of the credit or value of the benefit parted with exceeds two hundred and fifty dollars, shall be punished as if he had stolen property of a value exceeding two hundred and fifty dollars as provided in Section 30(1)”

so that the statute as amended reads as follows:

Chapter 266: Section 34. Larceny; inducement to part with property

Whoever, with intent to defraud and by a false pretence, induces another to part with property of any kind or with any of the benefits described in Section 33 shall be guilty of larceny, and, if the dollar amount of the credit or value of the benefit parted with exceeds two hundred and fifty dollars, shall be punished as if he had stolen property of a value exceeding two hundred and fifty dollars as provided in Section 30(1). 

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