SENATE, No. 2196

By Ms. Wilkerson, a petition (accompanied by bill, Senate, No. 2196) of Dianne Wilkerson for legislation to provide proceeds of drug case confiscations to drug treatment. The Judiciary.
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The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Seven.

AN ACT TO PROVIDE PROCEEDS OF DRUG CASE CONFISCATIONS TO DRUG TREATMENT

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 47 of Chapter 94C of the General Laws of Massachusetts is amended by striking the last sentence of the second paragraph in subsection (d), and replacing it with the following: “The final order of the court shall provide that fifty percent of said moneys and the proceeds of any such sale shall be distributed equally between the prosecuting district attorney or attorney general and the city, town, or state police department involved in the seizure.  If more than one department was substantially involved in the seizure, the court having jurisdiction over the forfeiture proceeding shall distribute the twenty five percent equitably among the departments; and the final order shall further provide that fifty percent of said moneys and the proceeds of any such sale shall be paid to the department of Public Health for the sole purpose of providing drug rehabilitation and treatment to inmates who are drug dependent, and for the education of those persons who are at risk of becoming drug dependent as determined by the Commissioner of Public Health.”