Criminal Justice Reform — Conference Report

SECTION 94. Sections 40 and 41 of said chapter 127 are hereby repealed.

SECTION 95. Section 48 of said chapter 127, as appearing in the 2016 Official Edition, is hereby amended by inserting after the first paragraph the following paragraph:-

The commissioner shall ensure that at least 1 educational program leading to the award of a high school equivalency certificate is available to persons who are committed to the custody of the department or to a county correctional facility for not less than 6 months and who have not obtained a high school degree or equivalency.

SECTION 96. Said chapter 127 is hereby further amended by inserting after section 48A the following section:-

Section 48B. (a) The commissioner or a superintendent of a house of correction may establish young adult correctional units or designate individual corrections officers to exclusively supervise young adults, who are 18 to 24 years of age and have been placed in the care of the department or house of correction so that these individuals may benefit from age appropriate guidance, targeted interventions, age appropriate programming and a greater degree of individual attention.

(b) Officers designated under subsection (a) shall be selected based on their demonstrated experience and commitment to working with young adults and shall perform their services under the direction of the commissioner or superintendent.

(c) Officers designated under subsection (a) shall receive specialized training as necessary on working with young adults, which may include: supervising and counseling young adults; psycho-social and behavioral development of young adults; cultural competency; rehabilitation of young adults; educational programs; and relevant community-based services and programs.

SECTION 97. Said chapter 127 is hereby further amended by inserting after section 119 the following section:-

Section 119A. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Medical parole plan”, a comprehensive written medical and psychosocial care plan specific to a prisoner and including, but not limited to: (i) the proposed course of treatment; (ii) the proposed site for treatment and post-treatment care; (iii) documentation that medical providers qualified to provide the medical services identified in the medical parole plan are prepared to provide such services; and (iv) the financial program in place to cover the cost of the plan for the duration of the medical parole, which shall include eligibility for enrollment in commercial insurance, Medicare or Medicaid or access to other adequate financial resources for the duration of the medical parole.

“Department”, the department of correction.

“Permanent incapacitation”, a physical or cognitive incapacitation that appears irreversible, as determined by a licensed physician, and that is so debilitating that the prisoner does not pose a public safety risk.

“Secretary”, the secretary of the executive office of public safety and security.

“Terminal illness”, a condition that appears incurable, as determined by a licensed physician, that will likely cause the death of the prisoner in not more than 18 months and that is so debilitating that the prisoner does not pose a public safety risk.

(b) Notwithstanding any general or special law to the contrary, a prisoner may be eligible for medical parole due to a terminal illness or permanent incapacitation pursuant to subsections (c) and (d).

(c)(1)The superintendent of a correctional facility shall consider a prisoner for medical parole upon a written petition by the prisoner, the prisoner’s attorney, the prisoner’s next of kin, a medical provider of the correctional facility or a member of the department’s staff. The superintendent shall review the petition and develop a recommendation as to the release of the prisoner. Whether or not the superintendent recommends in favor of medical parole, the superintendent shall, not more than 21 days after receipt of the petition, transmit the petition and the recommendation to the commissioner. The superintendent shall transmit with the recommendation: (i) a medical parole plan; (ii) a written diagnosis by a physician licensed to practice medicine under section 2 of chapter 112; and (iii) an assessment of the risk for violence that the prisoner poses to society.

(2) Upon receipt of the petition and recommendation pursuant to paragraph (1), the commissioner shall notify, in writing, the district attorney for the jurisdiction where the offense resulting in the prisoner being committed to the correctional facility occurred, the prisoner, the person who petitioned for medical parole, if not the prisoner and, if applicable under chapter 258B, the victim or the victim’s family that the prisoner is being considered for medical parole. The parties who receive the notice shall have an opportunity to provide written statements; provided, however, that if the prisoner was convicted and is serving a sentence under section 1 of chapter 265, the district attorney or victim’s family may request a hearing.

(d)(1) A sheriff shall consider a prisoner for medical parole upon a written petition filed by the prisoner, the prisoner’s attorney, the prisoner’s next of kin, a medical provider of the house of correction or jail or a member of the sheriff’s staff. The sheriff shall review the request and develop a recommendation as to the release of the prisoner. Whether or not the sheriff recommends in favor of medical parole, the sheriff shall, not more than 21 days after receipt of the petition, transmit the petition and the recommendation to the commissioner. The sheriff shall transmit with the petition: (i) a medical parole plan; (ii) a written diagnosis by a physician licensed to practice medicine under section 2 of chapter 112; and (iii) an assessment of the risk for violence that the prisoner poses to society.

(2) Upon receipt of the petition and recommendation pursuant to paragraph (1), the commissioner shall notify, in writing, the district attorney for the jurisdiction where the offense resulting in the prisoner being committed to the correctional facility occurred, the prisoner, the person who petitioned for medical parole, if not the prisoner and, if applicable under chapter 258B, the victim or the victim’s family that the prisoner is being considered for medical parole. The parties who receive the notice shall have an opportunity to submit written statements.

(e) The commissioner shall issue a written decision not later than 45 days after receipt of a petition, which shall be accompanied by a statement of reasons for the commissioner’s decision. If the commissioner determines that a prisoner is terminally ill or permanently incapacitated such that if the prisoner is released the prisoner will live and remain at liberty without violating the law and that the release will not be incompatible with the welfare of society, the prisoner shall be released on medical parole. The parole board shall impose terms and conditions for medical parole that shall apply through the date upon which the prisoner’s sentence would have expired.

Not less than 24 hours before the date of a prisoner’s release on medical parole, the commissioner shall notify, in writing, the district attorney for the jurisdiction where the offense resulting in the prisoner being committed to the correctional facility occurred, the department of state police, the police department in the city or town in which the prisoner shall reside and, if applicable under chapter 258B, the victim or the victim’s family of the prisoner’s release and the terms and conditions of the release.

(f) A prisoner granted release under this section shall be under the jurisdiction, supervision and control of the parole board, as if the prisoner had been paroled pursuant to section 130 of chapter 127. The parole board may revise, alter or amend the terms and conditions of a medical parole at any time. If a parole officer receives credible information that a prisoner has failed to comply with a condition of the prisoner’s medical parole or upon discovery that the terminal illness or permanent incapacitation has improved to the extent that the prisoner would no longer be eligible for medical parole under this section, the parole officer shall immediately arrest the prisoner and bring the prisoner before the board for a hearing. If the board determines that the prisoner violated a condition of the prisoner’s medical parole or that the terminal illness or permanent incapacitation has improved to the extent that the prisoner would no longer be eligible for medical parole pursuant to this section, the prisoner shall resume serving the balance of the sentence with credit given only for the duration of the prisoner’s medical parole that was served in compliance with all conditions of their medical parole pursuant to subsection (e). Revocation of a prisoner’s medical parole due to a change in the prisoner’s medical condition shall not preclude a prisoner’s eligibility for medical parole in the future or for another form of release permitted by law.

(g) A prisoner, sheriff, or superintendent aggrieved by a decision denying or granting medical parole made under this section may petition for relief pursuant to section 4 of chapter 249. A decision by the court affirming or reversing the commissioner’s grant or denial of medical parole shall not affect a prisoner’s eligibility for any other form of release permitted by law. A decision by the court pursuant to this subsection shall not preclude a prisoner’s eligibility for medical parole in the future.

(h) The secretary shall promulgate rules and regulations necessary for the enforcement and administration of this section.

(i) The commissioner and the secretary shall file an annual report not later than March 1 with the clerks of the senate and the house of representatives, the senate and house committees on ways and means and the joint committee on the judiciary detailing, for the prior fiscal year: (i) the number of prisoners in the custody of the department or of the sheriffs who applied for medical parole under this section and the race and ethnicity of each applicant; (ii) the number of prisoners who have been granted medical parole and the race and ethnicity of each prisoner; (iii) the nature of the illness of the applicants for medical parole; (iv) the counties to which the prisoners have been released; (v) the number of prisoners who have been denied medical parole, the reason for the denial and the race and ethnicity of each prisoner; (vi) the number of prisoners who have petitioned for medical parole more than once; (vii) the number of prisoners released who have been returned to the custody of the department or the sheriff and the reason for each prisoner’s return; and (viii) the number of petitions for relief sought pursuant to subsection (g).Nothing in this report shall include personally identifiable information of the prisoners.

SECTION 98. Section 133A of said chapter 127, appearing in the 2016 Official Edition, is hereby amended by adding the following paragraph:-

If a prisoner is indigent and is serving a life sentence for an offense that was committed before the prisoner reached 18 years of age, the prisoner shall have the right to have appointed counsel at the parole hearing and shall have the right to funds for experts pursuant to chapter 261.

SECTION 99. Section 144 of said chapter 127, as so appearing, is hereby amended by striking out, in line 3, the words “thirty dollars” and inserting in place thereof the following figure:- $90.

SECTION 100. Said chapter 127 is hereby amended by striking out section 145, as so appearing, and inserting in place thereof the following section:-

Section 145. (a) A court shall not commit a person to a correctional facility solely for non-payment of money owed if such person has established, by a preponderance of the evidence, that the person is unable to pay the fine without causing substantial financial hardship to the person or their immediate family or dependents. A court shall determine whether the payment of a fine would cause such substantial financial hardship after a hearing and, in making such determination, shall consider the person’s employment status, income, financial resources, living expenses, number of dependents and any special circumstances that may affect a person’s ability to pay.

(b) A court shall not commit a person to a correctional facility for non-payment of money owed if such a person is not represented by counsel for the commitment proceeding, unless such person has waived counsel. A person deemed indigent for the purpose of being offered counsel and who is assigned counsel for the commitment portion of a proceeding solely for the nonpayment of money owed shall not be assessed a fee for such counsel.

(c) Courts may consider alternatives to incarceration before committing a person to a prison or place of confinement solely for non-payment of a fine or a fine and expenses.

(d) If a court determines that the payment of a fine would cause a substantial financial hardship pursuant to subsection (a), the court may impose an alternative to a fine or sentence to a correctional facility including, without limitation, community service.

(e) A justice of the trial court shall not commit a person who has not reached 18 years of age to a prison, place of confinement or the department of youth services solely for the non-payment of money.

(f) A person confined to a correctional facility for non-payment of money owed may petition the court for discharge from the correctional facility for an inability to pay the money owed due to a substantial financial hardship. If, after a hearing pursuant to subsection (a), the court determines that the person is not able to pay the money owed without causing a substantial financial hardship to the person, or the person’s immediate family or dependents, the court shall discharge the person from the correctional facility. No filing fee shall be charged for the filing of the petition.

SECTION 101. Section 1 of chapter 138 of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Alcoholic beverages” the following definition:-

“Alcohol-related incapacitation”, the condition of an intoxicated person who, by reason of the consumption of intoxicating liquor, is: (a) unconscious; (b) in need of medical attention; or (c) likely to suffer or cause physical harm or damage property.

SECTION 102. Said chapter 138 is hereby further amended by inserting after section 34D the following section:-

Section 34E. (a) A person under 21 years of age who, in good faith, seeks medical assistance for someone experiencing alcohol-related incapacitation shall not be charged or prosecuted under sections 34, 34A or 34C if the evidence for the charge of purchase or possession of alcohol was gained as a result of seeking medical assistance.

(b) A person under 21 years of age who experiences alcohol-related incapacitation and is in need of medical assistance and, in good faith, seeks such medical assistance or is the subject of such a good faith request for medical assistance shall not be charged or prosecuted under sections 34, 34A or 34C if the evidence for the charge of purchase or possession of alcohol was gained as a result of seeking medical assistance.

SECTION 103. Section 4 of chapter 151B of the General Laws is hereby amended by striking out, in lines 408 and 410, as appearing in the 2016 Official Edition, the word “five” and inserting in place thereof, in each instance, the following figure:- 3.

SECTION 104. Said section 4 of said chapter 151B, as so appearing, is hereby further amended by inserting after the word “information”, in line 412, the following words:- , or (iv) a criminal record, or anything related to a criminal record, that has been sealed or expunged pursuant to chapter 276.

SECTION 105. Section 10 of chapter 209A of the General Laws, as so appearing, is hereby amended by striking out, in lines 7 and 8, the words “the person, or the dependents of such person, severe financial hardship” and inserting in place thereof the following words:- substantial financial hardship to the person or the person’s immediate family or the person’s dependents.

SECTION 106. Chapter 211B of the General Laws is hereby amended by adding the following section:-

Section 22. For the purposes of updating the criminal history record, the trial court shall electronically send to the department of state police all criminal case disposition information for the offender, including sealing and expungement orders and dismissals, together with the corresponding offense-based tracking number and fingerprint-based state identification number, to the extent that the offender has been assigned such numbers and the numbers have been provided to the court.

SECTION 107. Section 2A of chapter 211D of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 105, the word “A” and inserting in place thereof the following words:- Except for a person under 18 years of age, a.

SECTION 108. Section 7 of chapter 212 of the General Laws, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- An indictment for a felony offense shall be accompanied by the offense-based tracking number and fingerprint-based state identification number of the defendant when the corresponding charges result from an arrest.

SECTION 110. Said chapter 218 is hereby further amended by inserting after section 32 the following section:-

Section 32A. An application for a criminal complaint submitted to the district court by a police department against a person arrested for a felony offense shall be accompanied by an offense-based tracking number. An otherwise valid application for a complaint submitted by a police department against a person arrested shall not preclude the issuance of a complaint merely because the application does not include an arrestee’s offense-based tracking number. If a complaint is issued based on an application for a complaint submitted by a police department against a person arrested for a felony that did not include the arrestee’s offense-based tracking number, the prosecutor shall submit the offense-based tracking number of the defendant to the court to be included in the case file.

SECTION 111. Section 20 of chapter 233 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out clause Fourth and inserting in place thereof the following clause:-

Fourth, A parent shall not testify against the parent’s minor child and a minor child shall not testify against the child’s parent in a proceeding before an inquest, grand jury, trial of an indictment or complaint or any other criminal, delinquency or youthful offender proceeding in which the victim in the proceeding is not a family member and does not reside in the family household; provided, however, that for the purposes of this clause, “parent” shall mean the biological or adoptive parent, stepparent, legal guardian or other person who has the right to act in loco parentis for the child; provided further, that in a case in which the victim is a family member and resides in the family household, the parent shall not testify as to any communication with the minor child that was for the purpose of seeking advice regarding the child’s legal rights.

SECTION 112. Section 8 of said chapter 258B, as so appearing, is hereby amended by striking out, in lines 38 to 40, inclusive, the words “would impose a severe financial hardship upon the person against whom the assessment is imposed” and inserting in place thereof the following words:- would cause a substantial financial hardship to the person against whom the assessment is imposed or the person’s immediate family or the person’s dependents.

SECTION 113. Section 2 of chapter 258C of the General Laws, as so appearing, is hereby amended by inserting after the word “crime”, in line 11, the following words:- ; provided, however, that a claimant who was a victim under 18 years of age shall not be required to file such report within 5 days.

SECTION 114. Said section 2 of said chapter 258C, as so appearing, is hereby further amended by striking out, in line 27, the word “shall” and inserting in place thereof the following word:- may.

SECTION 115. Subsection (e) of said section 2 of said chapter 258C, as so appearing, is hereby amended by adding the following sentence:- In the event of a victim’s death by homicide, an award may be reduced except that the costs for appropriate and modest funeral, burial or cremation services shall be paid by the fund.

SECTION 116. Section 1 of chapter 258D of the General Laws, as so appearing, is hereby amended by adding the following subsection:-

(G) A claimant shall be entitled to preliminary relief under section subsection (E) of section 5 upon an initial showing that there is a substantial likelihood of success on the merits of the case.

SECTION 117. Section 3 of said chapter 258D, as so appearing, is hereby amended by adding the following sentence:- Upon motion of the claimant, the court shall advance the proceeding for expedited discovery and a speedy trial so that it may be heard and determined with as little delay as possible.

SECTION 118. Subsection (A) of section 5 of said chapter 258D, as so appearing, is hereby amended by striking out the fourth to sixth sentences, inclusive, and inserting in place thereof the following sentence:- The court may include, as part of its judgment against the commonwealth, an order requiring the commonwealth to provide the claimant with services that are reasonable and necessary to address any deficiencies in the individual’s physical and emotional condition and waive tuition and fees for the claimant for any educational services from a state or community college in the commonwealth including, but not limited to, the University of Massachusetts at Amherst and its satellite campuses.

SECTION 119. Said subsection (A) of said section 5 of said chapter 258D, as so appearing, is hereby further amended by striking out, in line 43, the figure “$500,000”, and inserting in place thereof the following figure:- $1,000,000.

SECTION 120. Said section 5 of said chapter 258D, as so appearing, is hereby further amended by adding the following subsection:-

(E) Upon a ruling in favor of a claimant moving for preliminary relief under subsection (G) of section 1, the court shall enter an order requiring the commonwealth to provide the claimant with services that are reasonable and necessary to address any deficiencies in the individual’s physical and emotional condition and waive tuition and fees for the claimant for any educational services from a state or community college in the commonwealth including, but not limited to, the University of Massachusetts at Amherst and its satellite campuses.

SECTION 121. Said chapter 258D is hereby amended by striking out section 6, as so appearing, and inserting in place thereof the following section:-

Section 6. A claimant who prevails in an action under this chapter shall be entitled to an award of the costs of the litigation and reasonable attorneys’ fees in an amount to be fixed by the court.

SECTION 122. Section 7 of said chapter 258D, as so appearing, is hereby amended by adding the following 2 subsections:-

(E) A settlement agreement pursuant to this chapter may include a stipulation or agreement to an order of expungement or sealing to be entered by the court. Such stipulation or agreement shall be filed with the court and the court shall enter an order directing the expungement or sealing of those records of the claimant maintained by the department of criminal justice information services, the probation department and the sex offender registry that directly pertain to the claimant’s erroneous felony conviction, including documents and other materials and any biological samples or other materials obtained from the claimant. If the settlement does not include an agreement to an order of expungement or sealing, the claimant is entitled to seek expungement or sealing from the court.

(F) For the purposes of this chapter, “expungement” shall mean the permanent erasure and destruction of records.

SECTION 123. Section 8 of said chapter 258D, as so appearing, is hereby amended by striking out, in lines 2 and 6, the figure “2” and inserting in place thereof, in each instance, the following figure:- 3.

SECTION 124. Section 9 of said chapter 258D, as so appearing, is hereby amended by striking out subsection (C).

SECTION 125. Chapter 263 of the General Laws is hereby amended by striking out section 1A, as so appearing, and inserting in place thereof the following section:-

Section 1A. Whoever is arrested by virtue of process or is taken into custody by an officer and is charged with the commission of a felony shall be fingerprinted according to the system of the department of state police and photographed. The fingerprints and photographs shall be immediately forwarded to the department of state police to allow a biometric positive identification. The fingerprint record shall be suitable for comparison and shall include an offense-based tracking number, completed description of the offenses charged and other descriptors as required. The executive office of public safety and security may audit police departments for compliance with this section.

SECTION 126. Section 1 of chapter 263A of the General Laws, as so appearing, is hereby amended by striking out the definition of “Critical witness” and inserting in place thereof the following definition:-

“Critical witness”, any person who is participating, has participated, or is reasonably expected to participate in a criminal investigation, motion hearing, trial, show cause hearing, or other criminal proceeding, or a proceeding involving an alleged violation of conditions of probation or parole, or the commitment of a sexually dangerous person pursuant to chapter 123A; or who has received a subpoena requiring such participation; who is, or was, in the judgment of the prosecuting officer, a necessary witness at one or more of the aforementioned types of proceedings, and who is or may be endangered by such person’s participation in the aforementioned proceeding; or such person’s relatives, guardians, friends or associates, who are or may be endangered by such person’s participation in the aforementioned proceeding.

SECTION 127. Section 13 of chapter 265 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

Any business organization including, without limitation, a corporation, association, partnership or other legal entity that commits manslaughter shall be punished by a fine of not more than $250,000. If a business organization is found guilty under this section, the appropriate commissioner or secretary may debar the corporation under section 29F of chapter 29 for a period not to exceed 10 years.

SECTION 128. Section 13D of said chapter 265, as so appearing, is hereby amended by adding the following paragraph:-

Whoever commits an assault and battery upon a police officer when such officer is engaged in the performance of the officer’s duties at the time of such assault and battery and who by such assault and battery causes serious bodily injury to the officer shall be punished by a term of imprisonment in the state prison for not less than 1 year nor more than 10 years, or house of correction for not less than 1 year, nor more than 2 ½ years. No sentence imposed pursuant to this section shall be for less than a mandatory minimum term of imprisonment of 1 year and a fine of not less than $500 nor more than $10,000 may be imposed but not in lieu of the mandatory minimum term of imprisonment. A prosecution commenced under this paragraph shall not be placed on file or continued without a finding and a sentence imposed upon a person convicted of violating this paragraph shall not be suspended or reduced, nor shall such person be eligible for probation, parole, work release, furlough or receive any deduction from the person’s sentence for good conduct until such person shall have served said mandatory minimum term of imprisonment. For purposes of this section, the term “serious bodily injury” shall mean bodily injury which results in a permanent disfigurement, protracted loss or impairment of a bodily function, limb or organ or substantial risk of death.

SECTION 129. The second paragraph of section 47 of said chapter 265, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- If the court finds that such fees would cause a substantial financial hardship to the offender or the person’s immediate family or the person’s dependents, the court may waive such fees.

SECTION 130. Section 54 of said chapter 265, as so appearing, is hereby amended by inserting after the word “to”, in line 1, the following words:- subsection (c) and subsection (d) of section 26D and.

SECTION 131. Section 57 of said chapter 265, as so appearing, is hereby amended by striking out, in line 5, the words “a violation of section 53A” and inserting in place thereof the following words:- charges of violating sections 26 or 53A.

SECTION 132. Said chapter 265 is hereby further amended by adding the following section:-

Section 59. (a) At any time after the entry of a judgment of disposition on an indictment or criminal or delinquency complaint for an offense under section 26, subsection (a) of section 53 or subsection (a) of section 53A of chapter 272 or under section 34 of chapter 94C for simple possession of a controlled substance, the court in which it was entered shall, upon motion of the defendant, vacate any conviction, adjudication of delinquency or continuance without a finding and permit the defendant to withdraw any plea of guilty, plea of nolo contendere, plea of delinquent or factual admission tendered in association therewith upon a finding by the court of a reasonable probability that the defendant’s participation in the offense was a result of having been a human trafficking victim as defined by section 20M of chapter 233 or a victim of trafficking in persons under 22 U.S.C. 7102; provided that:

(1) Except as provided in paragraphs (2) and (3) of this subsection, the defendant shall have the burden to establish a reasonable probability that the defendant’s participation in the offense was the result of having been a victim of human trafficking;

(2) Where a child under the age of 18 was adjudicated delinquent for an offense under section 26, subsection (a) of section 53 or subsection (a) of section 53A of chapter 272, based on allegations of prostitution, there shall be a rebuttable presumption that the child’s participation in the offense was a result of having been a victim of human trafficking or trafficking in persons;

(3) Where the conviction, adjudication of delinquency or continuance without a finding was for an offense under section 26, subsection (a) of section 53 or subsection (a) of section 53A of chapter 272 committed when the defendant was 18 years of age or older, official documentation from any local, state or federal government agency of the defendant’s status as a victim of human trafficking or trafficking in persons at the time of the offense shall create a rebuttable presumption that the defendant’s participation in the offense was a result of having been a victim of human trafficking or trafficking in persons, but shall not be required for granting a motion under this subsection;

(4) For purposes of paragraph (3) of this subsection, “official documentation” shall be defined as any document issued by a local, state or federal government agency in the agency’s official capacity;

(5) The rules concerning the admissibility of evidence at criminal trials shall not apply to the presentation and consideration of information at a hearing conducted pursuant to this section and the court shall consider hearsay contained in official documentation from any local, state or federal government agency of the defendant’s status as a victim of human trafficking or trafficking in persons offered in support of a motion pursuant to this section; and

(6) A motion pursuant to this section may be heard by any sitting justice of a court of competent jurisdiction.

(b) Upon vacatur of a conviction, adjudication of delinquency or continuance without a finding, the court shall enter a plea of not guilty. It shall be an affirmative defense to the charges against the defendant that, while a human trafficking victim, such person was under duress or coerced into committing the offenses for which such person is being prosecuted or against whom juvenile delinquency proceedings have commenced.

(c) The administrative justices of the superior court, district court, juvenile court and the Boston municipal court departments shall jointly promulgate a motion form for use under this section.

(d) A conviction, adjudication of delinquency or continuance without a finding vacated under this section shall be deemed to have been vacated on the merits.

SECTION 133. Section 27A of chapter 266 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in lines 32 to 34, inclusive, the words “impose an undue financial hardship on the defendant or his family, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution” and inserting in place thereof the following words:- cause a substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents, the court may grant remission from any payment of restitution or modify the amount, time or method of payment.

SECTION 134. Section 28 of said chapter 266, as so appearing, is hereby amended by inserting after the word “thereof”, in line 40, the following words- , except for a conviction or adjudication for malicious damage to a motor vehicle or trailer,.

SECTION 135. Section 29 of said chapter 266, as so appearing, is hereby amended by striking out, in lines 45 to 47, inclusive, the words “impose an undue financial hardship on the defendant or his family, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution” and inserting in place thereof the following words:- cause a substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents, the court may grant remission from any payment of restitution or modify the amount, time or method of payment.

SECTION 136. Section 30 of said chapter 266, as so appearing, is hereby amended by striking out, in line 9 and lines 13 and 14, the words “two hundred and fifty dollars” and inserting in place thereof, in each instance, the following figure:- $1,200.

SECTION 137. Said section 30 of said chapter 266, as so appearing, is hereby further amended by striking out, in lines 15 to 23, inclusive, the words “three hundred dollars; or, if the property was stolen from the conveyance of a common carrier or of a person carrying on an express business, shall be punished for the first offence by imprisonment for not less than six months nor more than two and one half years, or by a fine of not less than fifty nor more than six hundred dollars, or both, and for a subsequent offence, by imprisonment for not less than eighteen months nor more than two and one half years, or by a fine of not less than one hundred and fifty nor more than six hundred dollars, or both” and inserting in place thereof the following figure:- $1,500.

SECTION 138. Said section 30 of said chapter 266, as so appearing, is hereby further amended by adding the following paragraph:-

(6) A law enforcement officer may arrest a person without a warrant that the officer has probable cause to believe has committed an offense under this section and the value of the property stolen is more than $250.

SECTION 139. Section 30A of said chapter 266, as so appearing, is hereby amended by striking out, in lines 35, 42 and 46 and 47, the words “one hundred dollars” and inserting in place thereof, in each instance, the following figure:- $250.

SECTION 140. Section 37A of said chapter 266, as so appearing, is hereby amended by striking out the definition of “Credit card” and inserting in place thereof the following definition:-

“Credit card”, an instrument or device, whether known as a credit card, credit plate or other name, or the code of number used to identify that instrument or device or an account of credit or cash accessed by that instrument or device, issued with or without a fee by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value on credit or by debit from a cash account.

SECTION 141. Section 37B of said chapter 266, as so appearing, is hereby amended by striking out, in lines 24 and 25, 29 and 30, 37 and 38, and lines 45 and 46, the words “two hundred and fifty dollars” and inserting in place thereof, in each instance, the following figure:-$1,200.

SECTION 142. Said section 37B of said chapter 266, as so appearing, is hereby further amended by striking out, in lines 49 and 50, the words “five hundred dollars” and inserting in place thereof the following figure:- $2,500.

SECTION 143. Section 37C of said chapter 266, as so appearing, is hereby amended by striking out, in lines 12, 17, 23 and lines 31 and 32, the words “two hundred and fifty dollars” and inserting in place thereof, in each instance, the following figure:- $1,200.

SECTION 144. Said section 37C of said chapter 266, as so appearing, is hereby further amended by striking out, in lines 39 and 40, the words “two thousand dollars” and inserting in place thereof the following figure:- $10,000.

SECTION 145. Section 37E of said chapter 266, as so appearing, is hereby amended by inserting after subsection (c) the following subsection:-

(c½) Whoever possesses a tool, instrument or other article adapted, designed or commonly used for accessing a person’s financial services account number or code, savings account number or code, checking account number or code, brokerage account number or code, credit card account number or code, debit card number or code, automated teller machine number or code, personal identification number, mother’s maiden name, computer system password, electronic signature or unique biometric data that is a fingerprint, voice print, retinal image or iris image of another person under circumstances evincing an intent to use or knowledge that some person intends to use the same in the commission of larceny shall be guilty of identity fraud and shall be punished by a fine of not more than $5,000, or imprisonment in a house of correction for not more than 2½ years, or by both such fine and imprisonment.

SECTION 146. Section 60 of said chapter 266, as so appearing, is hereby amended by striking out, in lines 13, 16 and 20, the figure “$250” and inserting in place thereof, in each instance, the following figure:- $1,200.

SECTION 147. Said section 60 of said chapter 266, as so appearing, is hereby further amended by striking out, in line 15, the figure “$1,000” and inserting in place thereof the following figure:- $3,000.

SECTION 148. Said section 60 of said chapter 266, as so appearing, is hereby further amended by adding the following paragraph:-

A law enforcement officer may arrest any person without warrant that the officer has probable cause to believe has committed an offense under this section and the value of the property stolen exceeds $250.

SECTION 149. The second paragraph of section 108 of said chapter 266, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- If the defendant is indigent or if the court finds that ordering such restitution would cause a substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents, the court may determine that the interests of the victim and of justice would not be served by ordering such restitution.

SECTION 150. Said section 108 of said chapter 266, as so appearing, is hereby further amended by striking out, in lines 28 and 29, the words “an undue financial hardship on the defendant or his family” and inserting in place thereof the following words:- a substantial financial hardship on the defendant or the defendant’s immediate family or the defendant’s dependents.

SECTION 151. Section 111B of said chapter 266, as so appearing, is hereby amended by striking out, in lines 45 to 47, inclusive, the words “impose an undue financial hardship on the defendant or his family, the court may modify the amount, time or method of payment, but may not grant complete remission from payment of restitution” and inserting in place thereof the following words:- cause a substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents, the court may grant remission from any payment of restitution or modify the amount, time or method of payment.

SECTION 152. Section 126A of said chapter 266, as so appearing, is hereby amended by striking out the second paragraph.

SECTION 153. Section 126B of said chapter 266, as so appearing, is hereby amended by striking out the second paragraph.

SECTION 154. Said chapter 266 is hereby further amended by striking out section 127, as so appearing, and inserting in place thereof the following section:-

Section 127. Whoever destroys or injures the personal property, dwelling house or building of another in any manner or by any means not particularly described or mentioned in this chapter shall, if such destruction or injury is willful and malicious, be punished by imprisonment in the state prison for not more than 10 years or by a fine of $3,000 or 3 times the value of the damage caused to the property so destroyed or injured, whichever is greater, and imprisonment in jail for not more than 2½ years; or if such destruction or injury is wanton, shall be punished by a fine of $1,000 or 3 times the value of the damage to the property so destroyed or injured, whichever is greater, or by imprisonment for not more than 2½ years; if the value of the damage to the property so destroyed or injured is not alleged to exceed $1,200, the punishment shall be by a fine of 3 times the value of the damage to property or by imprisonment for not more than 2½ years; provided, however, that where a fine is levied pursuant to the value of the damage to the property destroyed or injured, the court shall, after conviction, conduct an evidentiary hearing to ascertain the value of the damage to the property so destroyed or injured. The words ”personal property”, as used in this section, shall also include electronically processed or stored data, either tangible or intangible, and data while in transit.

SECTION 155. Chapter 268 of the General Laws is hereby amended by striking out section 13B, as so appearing, and inserting in place thereof the following section:-

Section 13B. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Investigator”, an individual or group of individuals lawfully authorized by a department or agency of the federal government or any political subdivision thereof or a department or agency of the commonwealth or any political subdivision thereof to conduct or engage in an investigation of, prosecution for, or defense of a violation of the laws of the United States or of the commonwealth in the course of such individual’s or group’s official duties.

“Harass”, to engage in an act directed at a specific person or group of persons that seriously alarms or annoys such person or group of persons and would cause a reasonable person or group of persons to suffer substantial emotional distress including, but not limited to, an act conducted by mail or by use of a telephonic or telecommunication device or electronic communication device including, but not limited to, a device that transfers signs, signals, writing, images, sounds, data or intelligence of any nature, transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photo-optical system including, but not limited to, electronic mail, internet communications, instant messages and facsimile communications.

(b) Whoever willfully, either directly or indirectly: (i) threatens, attempts or causes physical, emotional or economic injury or property damage to; (ii) conveys a gift, offer or promise of anything of value to; or (iii) misleads, intimidates or harasses another person who is a: (A) witness or potential witness; (B) person who is or was aware of information, records, documents or objects that relate to a violation of a criminal law or a violation of conditions of probation, parole, bail or other court order; (C) judge, juror, grand juror, attorney, victim witness advocate, police officer, correction officer, federal agent, investigator, clerk, court officer, court reporter, court interpreter, probation officer or parole officer; (D) person who is or was attending or a person who had made known an intention to attend a proceeding described in this section; or (E) family member of a person described in this section, with the intent to or with reckless disregard for the fact that it may; (1) impede, obstruct, delay, prevent or otherwise interfere with: a criminal investigation at any stage, a grand jury proceeding, a dangerousness hearing, a motion hearing, a trial or other criminal proceeding of any type or a parole hearing, parole violation proceeding or probation violation proceeding; or an administrative hearing or a probate or family court proceeding, juvenile proceeding, housing proceeding, land proceeding, clerk’s hearing, court-ordered mediation or any other civil proceeding of any type; or (2) punish, harm or otherwise retaliate against any such person described in this section for such person or such person’s family member’s participation in any of the proceedings described in this section, shall be punished by imprisonment in the state prison for not more than 10 years or by imprisonment in the house of correction for not more than 2½ years or by a fine of not less than $1,000 or more than $5,000 or by both such fine and imprisonment. If the proceeding in which the misconduct is directed at is the investigation or prosecution of a crime punishable by life imprisonment or the parole of a person convicted of a crime punishable by life imprisonment, such person shall be punished by imprisonment in the state prison for not more than 20 years or by imprisonment in the house of corrections for not more than 2½ years or by a fine of not more than $10,000 or by both such fine and imprisonment.

(c) A prosecution under this section may be brought in the county in which the criminal investigation, trial or other proceeding was being conducted or took place or in the county in which the alleged conduct constituting the offense occurred.

SECTION 156. Section 34A of said chapter 268, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Whoever knowingly and willfully furnishes a false name, Social Security number, date of birth, home address, mailing address or phone number, or other information as may be requested for the purposes of establishing the person’s identity, to a law enforcement officer or law enforcement official following an arrest shall be punished by a fine of not more than $1,000 or by imprisonment in a house of correction for not more than 1 year or by both such fine and imprisonment.

SECTION 157. Section 10H of chapter 269 of the General Laws, as so appearing, is hereby amended by striking out, in line 7, the words “the vapors of glue” and inserting in place thereof the following words:- from smelling or inhaling the fumes of any substance having the property of releasing toxic vapors as defined in section 18 of chapter 270.

SECTION 158. Section 14B of said chapter 269, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) Upon any conviction under this section, the court shall conduct a hearing to ascertain the extent of costs incurred, and damages and financial loss sustained by any emergency response services provider as a result of the violation and shall order the defendant to make restitution to the emergency response services provider or providers for any such costs, damages or loss. The court shall consider the defendant’s present and future ability to pay restitution in its determinations relative to the imposition of a fine. In determining the amount, time and method of payment of restitution, the court shall consider the defendant’s employment status, earning ability, financial resources, living expenses, dependents and any special circumstances that may have bearing on their ability to pay. The court may waive restitution or modify the amount, time or method of payment if such restitution payment would cause a substantial financial hardship to the defendant or the defendant’s immediate family or the defendant’s dependents.

SECTION 159. Said Chapter 272 of the General Laws is hereby amended by striking out section 40, as so appearing, and inserting in place thereof the following section:-

Section 40. Whoever willfully interrupts or disturbs an assembly of people meeting for a lawful purpose shall be punished by imprisonment for not more than 1 month or by a fine of not more than $50; provided, however, that an elementary or secondary student shall not be adjudged a delinquent child for an alleged violation of this section for such conduct within school buildings or on school grounds or in the course of school-related events.

SECTION 160. Section 53 of said chapter 272, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) Disorderly persons and disturbers of the peace shall, for a first offense, be punished by a fine of not more than $150. For a second or subsequent offense, disorderly persons and disturbers of the peace shall be punished by imprisonment in a jail or house of correction for not more than 6 months or by a fine of not more than $200 or by both such fine and imprisonment; provided, however, that an elementary or secondary school student shall not be adjudged a delinquent child for a violation of this subsection for such conduct within school buildings or on school grounds or in the course of school-related events.

SECTION 161. Said chapter 272 is hereby amended by inserting after section 106 the following section:-

Section 107. The court shall transmit fines collected pursuant to section 8 and subsection (b) and subsection (c) of section 53A to the state treasurer. The treasurer shall deposit such fines into the Victims of Human Trafficking Trust Fund established pursuant to section 66A of chapter 10.

SECTION 162. Chapter 274 of the General Laws is hereby amended by adding the following section:-

Section 8. Whoever solicits, counsels, advises, or otherwise entices another to commit a crime that may be punished by imprisonment in the state prison, with the intent that the person, in fact, commit or procure the commitment of such crime shall, except as otherwise provided, be punished as follows:

First, by imprisonment for not more than 20 years in the state prison or for not more than 2½ years in a jail or house of correction, or by a fine of not more than $10,000, or by both such fine and imprisonment, if the intent of the solicitation, counsel, advice or enticement was for the person to commit a crime punishable by imprisonment for life.

Second, by imprisonment for not more than 10 years in the state prison or for not more than 2½ years in a jail or house of correction, or by a fine of not more than $10,000, or by both such fine and imprisonment, if the intent of the solicitation, counsel, advice or enticement was for the person to commit a crime punishable by imprisonment in the state prison for 10 years or more.

Third, by imprisonment for not more than 5 years in the state prison or for not more than 2½ years in a jail or house of correction, or by a fine of not more than $5,000, or by both such fine and imprisonment, if the intent of the solicitation, counsel, advice or enticement was for the person to commit a crime punishable by imprisonment in the state prison for 5 years or more.

Fourth, by imprisonment for not more 2½ years in a jail or house of correction, or by a fine of not more than $2,000, or by both such fine and imprisonment, if the intent of the solicitation, counsel, advice or enticement was for the person to commit a crime punishable by imprisonment in the state prison for less than 5 years.

If a person is convicted of solicitation, counsel, advice or enticement for which crime the penalty is expressly set forth in any other section of the General Laws, the provisions of this section shall not apply to said crime and the penalty in the applicable section of the General Laws shall be imposed pursuant to the provisions of such other section.

SECTION 163. Section 30 of chapter 276 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in lines 5 and 6, the words “upon a finding of good cause by the court the fee may be waived” and inserting in place thereof the following words:- the court may waive the fee upon a finding of good cause or upon a finding that such a fee would cause a substantial financial hardship to the person, the person’s immediate family or the person’s dependents.

SECTION 164. Said section 30 of said chapter 276, as so appearing, is hereby further amended by inserting after the word “indigent”, in line 11, the following words:- or that such fee would cause a substantial financial hardship to the person, the person’s immediate family or the person’s dependents.

SECTION 165. Section 31 of said chapter 276, as so appearing, is hereby amended by inserting after the word “cause”, in line 6, the following words:- or upon a finding that such an assessment would cause a substantial financial hardship to the person, the person’s immediate family or the person’s dependents.

SECTION 166. Section 57 of said chapter 276, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- Except in cases where the person is determined to pose a danger to the safety of any other person or the community under section 58A, bail shall be set in an amount no higher than what would reasonably assure the appearance of the person before the court after taking into account the person’s financial resources; provided, however, that a higher than affordable bail may be set if neither alternative nonfinancial conditions nor a bail amount which the person could likely afford would adequately assure the person’s appearance before the court.

SECTION 167. Said section 57 of said chapter 276, as so appearing, is hereby further amended by inserting after the word “ties”, in line 50, the following words:- , the person’s financial resources and financial ability to give bail.

SECTION 168. Said section 57 of said chapter 276, as so appearing, is hereby further amended by inserting after the second paragraph the following paragraph:-

If bail is set at an amount that is likely to result in the person’s long-term pretrial detention because he or she lacks the financial resources to post said amount, an authorized person setting bail must provide written or orally recorded findings of fact and a statement of reasons as to why, under the relevant circumstances, neither alternative nonfinancial conditions nor a bail amount that the person can afford will reasonably assure his or her appearance before the court, and further, must explain how the bail amount was calculated after taking the person’s financial resources into account and why the commonwealth’s interest in bail or a financial obligation outweighs the potential adverse impact on the person, their immediate family or dependents resulting from pretrial detention.

SECTION 169. Said section 57 of said chapter 276, as so appearing, is hereby further amended by adding the following paragraph:-

Participation in a community corrections program pursuant to chapter 211F may be ordered by the court, in lieu of bail, or as a condition of release; provided, however, that the defendant shall consent to such participation.

SECTION 170. Section 58 of said chapter 276, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- Except in cases where the person is determined to pose a danger to the safety of any other person or the community under section 58A, bail shall be set in an amount no higher than what would reasonably assure the appearance of the person before the court after taking into account the person’s financial resources; provided, however, that a higher than affordable bail may be set if neither alternative nonfinancial conditions nor a bail amount which the person could likely afford would adequately assure the person’s appearance before the court.

SECTION 171. Said section 58 of said chapter 276, as so appearing, is hereby further amended by inserting after the word “resources”, in line 20, the following words:- and financial ability to give bail.

SECTION 172. Said section 58 of said chapter 276, as so appearing, is hereby further amended by inserting after the first paragraph the following paragraph:- If bail is set at an amount that is likely to result in the person’s long-term pretrial detention because he or she lacks the financial resources to post said amount, an authorized person setting bail must provide written or orally recorded findings of fact and a statement of reasons as to why, under the relevant circumstances, neither alternative nonfinancial conditions nor a bail amount that the person can afford will reasonably assure his or her appearance before the court, and further, must explain how the bail amount was calculated after taking the person’s financial resources into account and why the commonwealth’s interest in bail or a financial obligation outweighs the potential adverse impact on the person, their immediate family or dependents resulting from pretrial detention.

SECTION 173. Said section 58 of said chapter 276, as so appearing, is hereby further amended by adding the following paragraph:-

Participation in a community corrections program pursuant to chapter 211F may be ordered by the court, in lieu of bail, or as a condition of release; provided, however, that the defendant shall consent to such participation.

SECTION 174. Section 58A of said chapter 276, as so appearing, is hereby amended by striking out, in lines 16 and 17, the words “third or subsequent conviction for a violation of section 24 of chapter 90” and inserting in place thereof the following words:- charge of a third or subsequent violation of section 24 of chapter 90 within 10 years of the previous conviction for such violation.

SECTION 175. Subsection (2) of said section 58A of said chapter 276, as so appearing, is hereby amended by adding the following paragraph:-

Participation in a community corrections program pursuant to chapter 211F may be ordered by the court or as a condition of release; provided, however, that the defendant shall consent to such participation.

SECTION 176. Said section 58A of said chapter 276, as so appearing, is hereby amended by inserting after the word “days”, in line 99, the following words:- by the district court or for a period exceeding 180 days by the superior court.

SECTION 177. Section 59 of said chapter 276 is hereby repealed.

SECTION 178. Section 61A of said chapter 276 is hereby repealed.

SECTION 179. Said chapter 276 is hereby further amended by striking out section 61B, as appearing in the 2016 Official Edition, and inserting in place thereof the following section:-

Section 61B. No surety under this chapter shall be compensated for acting as surety.

SECTION 180. The first paragraph of section 87A of said chapter 276, as so appearing, is hereby amended by adding the following 2 sentences:- No person placed on probation shall be found to have violated a condition of probation: (i) solely on the basis of possession or use of a controlled substance that has been lawfully dispensed pursuant to a valid prescription to that person by a health professional registered to prescribe a controlled substance pursuant to chapter 94C and acting within the lawful scope of the health professional’s practice; or (ii) solely on the basis of possession or use of medical marijuana obtained in compliance with and in quantities consistent with applicable state regulations if that person received a written certification from a healthcare professional for the use of medical marijuana to treat a debilitating medical condition and the person possesses a valid medical marijuana registration card and if the quantity in the person’s possession is not greater than the amount recommended in the healthcare professional’s written certification. If a person is required to submit a DNA sample pursuant to chapter 22E, such submittal and compliance with chapter 22E shall be required as a condition of probation.

SECTION 181. Said section 87A of said chapter 276, as so appearing, is hereby amended by striking out the third paragraph and inserting in place thereof the following 2 paragraphs:-

The court shall not assess said monthly probation fee or said administrative probation fee upon any person placed on supervised probation or administrative supervised probation after release from prison or a house of correction for said person’s first 6 months of such probation. Either or both of said fees shall be assessed after the first 6 months of such probation unless otherwise waived by the court pursuant to this section.

The court may waive payment of either or both of said fees if it determines after a hearing that such payment would impose a substantial financial hardship on the person, the person’s immediate family or dependents. Following the hearing and upon a finding of hardship, the court may require any such person to perform unpaid community service work at a public or nonprofit agency or facility, monitored by the probation department, for not more than 4 hours per month in lieu of payment of a probation fee. A waiver shall be in effect only during the period of time that a person is unable to pay the monthly probation fee.

SECTION 182. Said section 87A of said chapter 276, as so appearing, is hereby further amended by striking out the eighth paragraph and inserting in place thereof the following paragraph:-

The court may waive payment of either or both of said fees if it has determined, after a hearing, that the payment would impose a substantial financial hardship on the person, the person’s immediate family or dependents. A waiver shall be in effect only during the period of time that the person is unable to pay the monthly probation fee.

SECTION 183. Said chapter 276 is hereby amended by inserting after section 89A the following section:-

Section 89B. Probation officers appointed under subsection (f) of section 83 may be designated by the commissioner of probation to exclusively supervise young adults, who are 18 to 24 years of age and have been placed in the care of probation officers under section 87, so that these individuals may benefit from age appropriate guidance, targeted interventions and a greater degree of individual attention.

Probation officers designated under this section shall be selected based on their demonstrated experience and commitment to working with young adults and shall perform their services under the direction of the commissioner.

Probation officers designated under this section shall receive specialized training on topics including but not limited to: (i) supervising and counseling young adults; (ii) psycho-social and behavioral development of young adults; (iii) cultural competency; (iv) rehabilitation of young adults; (v) educational programs; and (vi) relevant community-based services and programs.

SECTION 184. The third paragraph of section 92A of said chapter 276, as appearing in the 2016 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- If the court finds that the payment of restitution due will cause a substantial financial hardship to the defendant, the defendant’s immediate family or the defendant’s dependents, the court may grant remission from any payment of restitution, or modify the amount, time or method of payment.

SECTION 185. Chapter 276 of the General Laws is hereby amended by inserting after section 99F the following section:-

Section 99G. (a) There shall be in the office of probation a pretrial services initiative, hereinafter referred to as pretrial services. Pretrial services shall be led by a supervisor of pretrial services. The supervisor shall be a person of ability and experience in the pretrial process who shall be chosen and appointed by the commissioner of probation.

(b) Pretrial services shall perform the following duties for the departments of the trial court of the commonwealth: (i) develop, in coordination with the court and other criminal justice agencies, programs to minimize unnecessary pretrial detention; and (ii) provide notifications and reminders to defendants of court appearance obligations to reduce the risk of accidental defaults.

(c) Pretrial services may be provided with probation staff, including community correction staff, as determined by the commissioner of probation.

(d) The supervisor of pretrial services shall submit annual reports to the commissioner of probation, the chief justice of the trial court, the court administrator, the chief justice of the supreme judicial court and the clerks of the house of representatives and the senate who shall forward the report to the chairs of the joint committee on the judiciary. The report shall include, but not be limited to, if available: (i) analysis on demographics of the pretrial population, including age, race and gender; (ii) appearance and default rates; (iii) conditions imposed upon release; and (iv) any other analytical data deemed appropriate; provided, however, that any data included in the report shall be presented only in aggregated form so that no individual can be identified.

SECTION 186. Section 100A of said chapter 276, as appearing in the 2016 Official Edition, is hereby amended by striking out, in lines 9, 14 and 21, the figure “5” and inserting in place thereof, in each instance, the following figure:- 3.

SECTION 187. Said section 100A of said chapter 276, as so appearing, is hereby further amended by striking out, in lines 12, 15 and 22, the figure “10” and inserting in place thereof, in each instance, the following figure:- 7.

SECTION 188. Said section 100A of said chapter 276, as so appearing, is hereby further amended by inserting after the words “268A”, in line 28, the following words- , except for convictions for resisting arrest.

SECTION 189. Said section 100A of said chapter 276, as so appearing, is hereby further amended by striking out, in line 83, the words “for employment used by an employer” and inserting in place thereof the following words:- used to screen applicants for employment, housing or an occupational or professional license.

SECTION 190. Said section 100A of said chapter 276, as so appearing, is hereby further amended by inserting after the word “employment”, in line 85, the following words:- or for housing or an occupational or professional license.

SECTION 191. Said section 100A of said chapter 276, as so appearing, is hereby further amended by inserting after the word “employment”, in line 89, the following words:- or for housing or an occupational or professional license.

SECTION 192. Said section 100A of said chapter 276, as so appearing, is hereby further amended by inserting after the word “employment”, in line 92, the following words:- or for housing or an occupational or professional license.

SECTION 193. Section 100C of said chapter 276, as so appearing, is hereby amended by striking out, in line 23, the words “for employment used by an employer” and inserting in place thereof the following words:- used to screen applicants for employment, housing or an occupational or professional license.

SECTION 194. Said section 100C of said chapter 276, as so appearing, is hereby further amended by inserting after the word “employment”, in line 26, the following words:- , housing or an occupational or professional license.

SECTION 195. Chapter 276 of the General Laws is hereby amended by inserting after section 100D the following 17 sections:-

Section 100E. As used in sections 100E through 100U, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

“Attorney general”, the attorney general of the commonwealth.

“Commissioner”, the commissioner of probation.

“Consumer reporting agency”, any person or organization which, for monetary fees, dues, or on a cooperative, not-for-profit basis, regularly engages in whole, or in part, in the practice of assembling or evaluating criminal history, credit or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.

“County agency”, any department or office of county government and any division, board, bureau, commission, institution, tribunal or other instrumentality thereof or thereunder.

“Court”, the trial court of the commonwealth established pursuant to section 1 of chapter 211B and any departments or offices established within the trial court.

“Criminal court appearance”, an arraignment on, all pre-trial and other post arraignment judicial proceedings related to and the disposition of, a criminal offense.

“Criminal justice agencies”, those agencies at all levels of government, which perform as their principal function, activities relating to: (i) crime prevention, including research or the sponsorship of research; (ii) the apprehension, prosecution, adjudication, incarceration or rehabilitation of criminal offenders; or (iii) the collection, storage, dissemination or usage of criminal offender record information.

“Department”, the department of criminal justice information services established pursuant to section 167A of chapter 6.

“Disabled person”, a person with an intellectual disability, as defined by section 1 of chapter 123B, or who is otherwise mentally or physically disabled and, as a result of such mental or physical disability, is wholly or partially dependent on others to meet daily living needs.

“Disposition”, the final conclusion of a charge during or after the initial criminal court appearance or juvenile court appearance.

“District attorney”, the district attorney in the jurisdiction where the matter resulting in a record that is the subject of a petition originated.

“Elderly person”, a person who is 60 years of age or older.

“Expunge”, “expunged”, or “expungement”, the permanent erasure or destruction of a record so that the record is no longer accessible to, or maintained by, the court, any criminal justice agencies or any other state agency, municipal agency or county agency. If the record contains information on a person other than the petitioner, it may be maintained with all identifying information of the petitioner permanently obliterated or erased.

“Judicial proceedings”, any proceedings before the court resulting in a record.

“Juvenile court appearance”, an arraignment on, all pre-trial and other post arraignment judicial proceedings related to and the disposition of, an offense in the juvenile court.

“Municipal agency”, any department or office of a city or town government and any council, division, board, bureau, commission, institution, tribunal or other instrumentality thereof or thereunder.

“Offense”, a violation of a criminal law for which a person has been charged and has made a criminal court appearance or a juvenile court appearance for which there is a disposition and a record.

“Office”, the office of the commissioner of probation.

“Order”, an order of expungement.

“Person”, a natural person, corporation, association, partnership, or other legal entity.

“Petition”, a petition to expunge a criminal record.

“Petitioner”, a natural person with a criminal record who has filed a petition.

“Public records”, shall have the same meaning as the definition of public records in clause twenty-sixth of section 7 of chapter 4.

“Record”, public records and court records including, without limitation, paper or electronic records or data in any communicable form compiled by, on file with or in the care custody or control of, without limitation, the court, the office, the department or criminal justice agencies, which concern a person and relate to the nature or disposition of an offense, including, without limitation, an arrest, a criminal court appearance, a juvenile court appearance, a pre-trial proceeding, other judicial proceedings, disposition, sentencing, incarceration, rehabilitation or release; provided, however, that the term record shall not include information contained in the domestic violence record keeping system, evaluative information, intelligence information or statistical and analytical reports and files in which persons are not directly or indirectly identifiable.

“State agency”, any department of state government including the executive, legislative or judicial, and all councils thereof and thereunder, and any division, board, bureau, commission, institution, tribunal or other instrumentality within such department, and any independent state authority, district, commission, instrumentality or agency, but not an agency of a county, city or town.

Section 100F. (a) A petitioner who has a record as an adjudicated delinquent or adjudicated youthful offender may, on a form furnished by the commissioner and signed under the penalties of perjury, petition that the commissioner expunge the record. Upon receipt of a petition for an expungement, the commissioner shall certify whether the petitioner is eligible for an expungement under sections 100I and 100J. If the petitioner is not eligible for an expungement under sections 100I and 100J the commissioner shall, within 60 days of the request, deny the request in writing. If the petitioner is eligible for an expungement under sections 100I and 100J the commissioner shall, within 60 days of the petition, notify in writing the district attorney of the petition and that the petitioner is eligible for an expungement under sections100I and 100J. Within 60 days of receipt of notification from the commissioner of the filing of the petition and that petitioner is eligible for an expungement pursuant to sections 100I and 100J, the district attorney shall notify the commissioner in writing of their objections, if any, to the petition.

(b) Upon receipt of a response from the district attorney, if any, or within 65 days of the commissioner’s notification to the district attorney pursuant to subsection (a), whichever occurs first, the commissioner shall forthwith forward the petition, along with the objections of the district attorney, if any, to the court wherein the petitioner was adjudicated delinquent or adjudicated a youthful offender.

(c) If the district attorney files an objection with the commissioner within 60 days of receipt of notification as provided in subsection (a) the court shall, within 21 days of receipt of the petition pursuant to subsection (b), conduct a hearing on the petition. The court shall have the discretion to grant or deny the petition based on what is in the best interests of justice and shall enter written findings as to the basis of its order. The court shall deny any petition that does not meet the requirements of sections 100I and 100J.

(d) If the district attorney does not file an objection with the commissioner within 60 days of receipt of notification as provided in subsection (a) the court may approve the petition without a hearing. The court shall have the discretion to grant or deny the petition based on what is in the best interests of justice and shall enter written findings as to the basis of its order. The court shall deny any petition that does not meet the requirements of sections 100I and 100J.

(e) The court shall forward an order for expungement pursuant to this section forthwith to the clerk of the court where the criminal record was created, to the commissioner and to the commissioner of criminal justice information services appointed pursuant to section 167A of chapter 6.

Section 100G. (a) A petitioner who has a record of conviction may, on a form furnished by the commissioner and signed under the penalties of perjury, petition that the commissioner expunge the record. Upon receipt of a petition, the commissioner shall certify whether the petitioner is eligible for an expungement under sections 100I and 100J. If the petitioner is not eligible for an expungement under sections 100I and100J the commissioner shall, within 60 days of the request, deny the request in writing. If the petitioner is eligible for an expungement under sections 100I and 100J the commissioner shall, within 60 days of the petition, notify in writing the district attorney of the petition and that the petitioner is eligible for an expungement under sections100I and 100J. Within 60 days of receipt of notification from the commissioner of the filing of the petition and that petitioner is eligible for an expungement pursuant to sections 100I and 100J, the district attorney shall notify the commissioner in writing of their objections, if any, to the petition for the expungement.

(b) Upon receipt of a response from the district attorney, if any, or within 65 days of the commissioner’s notification to the district attorney pursuant to subsection (a), whichever occurs first, the commissioner shall forthwith forward the petition, along with the objections of the district attorney, if any, to the court wherein the petitioner was convicted.

(c) If the district attorney files an objection with the commissioner within 60 days of receipt of notification as provided in subsection (a) the court shall, within 21 days of receipt of the petition pursuant to subsection (b), conduct a hearing on the petition. The court shall have the discretion to grant or deny the petition based on what is in the best interests of justice and shall enter written findings as to the basis of its order. The court shall deny any petition that does not meet the requirements of sections 100I and 100J.

(d) If the district attorney does not file an objection with the commissioner within 60 days of receipt of notification as provided in subsection (a) the court may approve the petition without a hearing. The court shall have the discretion to grant or deny the petition based on what is in the best interests of justice and shall enter written findings as to the basis of its order. The court shall deny any petition that does not meet the requirements of sections 100I and 100J.

(e) The court shall forward an order for expungement pursuant to this section forthwith to the clerk of the court where the criminal record was created, to the commissioner and to the commissioner of criminal justice information services appointed pursuant to section 167A of chapter 6.

Section 100H. (a) A petitioner who has a record that does not include an adjudication as a delinquent, an adjudication as a youthful offender or a conviction may, on a form furnished by the commissioner and signed under the penalties of perjury, petition that the commissioner expunge the record. Upon receipt of a petition, the commissioner shall certify whether the petitioner is eligible for an expungement under sections 100I and 100J. If the petitioner is not eligible for an expungement under sections 100I and 100J the commissioner shall, within 30 days of the request, deny the request in writing. If the petitioner is eligible for an expungement under sections 100I and 100J the commissioner shall, within 30 days of the request, notify in writing the district attorney. Within 30 days of receipt of notification from the commissioner that the petitioner is eligible for an expungement pursuant to sections 100I and 100J, the district attorney shall notify the commissioner in writing of their objections, if any, to the request for the expungement.

(b) If the district attorney files an objection to the petition with the commissioner within 30 days of receipt of notification as provided in subsection (a) the court shall, within 21 days of receipt of the petition pursuant to subsection (b), conduct a hearing on the petition. The court shall have the discretion to grant or deny the petition based on what is in the best interests of justice and shall enter written findings as to the basis of its order. The court shall deny any petition that does not meet the requirements of sections 100I and 100J.

(c) If the district attorney does not file an objection with the commissioner within 30 days of receipt of notification as provided in subsection (a) the court may approve the petition without a hearing. The court shall have the discretion to grant or deny the petition based on what is in the best interests of justice and shall enter written findings as to the basis of its order. The court shall deny any petition that does not meet the requirements of sections 100I and 100J.

(d) The court shall forward an order for expungement pursuant to this section forthwith to the clerk of the court where the criminal record was created, to the commissioner and to the commissioner of criminal justice information services appointed pursuant to section 167A of chapter 6.

Section 100I. (a) The commissioner shall certify that a record that is the subject of the petition filed pursuant to section 100F, section 100G or section 100H is eligible for expungement provided that:

(1) the offense resulting in the record that is the subject of the petition is not a criminal offense included in section 100J;

(2) the offense that is the subject of the petition to expunge the record occurred before the petitioner’s twenty-first birthday;

(3) the offense that is the subject of the petition to expunge the record, including any period of incarceration, custody or probation, occurred not less than 7 years before the date on which the petition was filed if the offense that is the subject of the petition is a felony, and not less than 3 years before the date on which the petition was filed if the offense that is subject of the petition is a misdemeanor;

(4) other than motor vehicle offenses in which the penalty does not exceed a fine of $50 and the offense that is the subject of the petition to expunge, the petitioner does not have any other criminal court appearances, juvenile court appearances or dispositions on file with the commissioner;

(5) other than motor vehicle offenses in which the penalty does not exceed a fine of $50, the petitioner does not have any criminal court appearances, juvenile court appearances or dispositions on file in any other state, United States possession or in a court of federal jurisdiction; and

(6) the petition includes a certification by the petitioner that, to the petitioner’s knowledge, the petitioner is not currently the subject of an active criminal investigation by any criminal justice agency.

Any violation of section 7 of chapter 209A or section 9 of chapter 258E shall be treated as a felony for purposes of this section.

Section 100J. (a) No criminal record resulting from a disposition of the following offenses shall be eligible for expungement pursuant to section 100F, section 100G or section 100H:

(1) any offense resulting in death or serious bodily injury;

(2) any offense committed with the intent to cause death or serious bodily injury;

(3) any offense committed while armed with a dangerous weapon;

(4) any offense against an elderly person;

(5) any offense against a disabled person;

(6) any sex offense as defined in section 178C of chapter 6;

(7) any sex offense involving a child as defined in section 178C of chapter 6;

(8) any sexually violent offense as defined in section 178C of chapter 6;

(9) any offense in violation of section 24 of chapter 90;

(10) any sexual offense as defined in section 1 of chapter 123A;

(11) any offense in violation of sections 121 to 131Q of chapter 140;

(12) any offense in violation of an order issued pursuant to section 18 or 34B of chapter 208;

(13) any offense in violation of an order issued pursuant to section 32 of chapter 209;

(14) any offense in violation of an order issued pursuant to chapter 209A;

(15) any offense in violation of an order issued pursuant to section 15 of chapter 209C;

(16) any offense in violation of an order issued pursuant to chapter 258E;

(17) any offense in violation of section 13M of chapter 265;

(18) any felony offense in violation of chapter 265;

(19) any offense in violation of paragraph (a), (b), (c) or (d) of section 10 of chapter 269; or

(20) any offense in violation of section 10E of chapter 269.

Section 100K. (a) Notwithstanding the requirements of section 100I and section 100J, a court may order the expungement of a record created as a result of criminal court appearance, juvenile court appearance or dispositions if the court determines based on clear and convicing evidence that the record was created as a result of:

(1) false identification of the petitioner or the unauthorized use or theft of the petitioner’s identity;

(2) an offense at the time of the creation of the record which at the time of expungement is no longer a crime, except in cases where the elements of the original criminal offense continue to be a crime under a different designation.

(3) demonstrable errors by law enforcement;

(4) demonstrable errors by civilian or expert witnesses;

(5) demonstrable errors by court employees; or

(6) demonstrable fraud perpetrated upon the court.

(b) The court shall have the discretion to order an expungement pursuant to this section based on what is in the best interests of justice. Prior to entering an order of expungement pursuant to this section, the court shall hold a hearing if requested by the petitioner or the district attorney. Upon an order of expungement, the court shall enter written findings of fact.

(c) The court shall forward an order for expungement pursuant to this section forthwith to the clerk of the court where the record was created, to the commissioner and to the commissioner of criminal justice information services appointed pursuant to section 167A of chapter 6.

Section 100L. (a) Upon receipt of an order by a court pursuant to section 100F, section 100G, section 100H or section 100K the commissioner, the clerk of court where the record was created and the commissioner of criminal justice information services appointed pursuant to section 167A of chapter 6 shall:

(1) expunge the record within the care, custody or control of the office, clerk’s office or department;

(2) order all criminal justice agencies to expunge all publicly available police logs maintained pursuant to section 98F of chapter 41 within their care, custody or control.

(b) Any criminal justice agencies receiving an order from the commissioner or the commissioner of criminal justice information services appointed pursuant to section 167A of chapter 6 pursuant to subsection (a), shall forthwith expunge all publicly available police logs maintained pursuant to section 98F of chapter 41 within their care, custody or control. Upon receipt of the order all criminal justice agencies shall, upon inquiry from any party, including without limitation, criminal justice agencies, a county agency, a municipal agency or a state agency, inform said party that no record exists.

Section 100M. No person whose record was expunged pursuant to section 100F, section 100G, section 100H or section 100K shall be held under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of the person’s failure to recite or acknowledge such record, or portion thereof, in response to any inquiry made of him or her for any purpose.

Section 100N. (a) A record expunged pursuant to section 100F, section 100G, section 100H or section 100K shall not operate to disqualify a person in any examination, appointment or application for employment with any county agency, municipal agency or state agency nor shall such expunged records be admissible in evidence or used in any way in any court proceedings or hearings before any boards or commissions or in determining suitability for the practice of any trade or profession requiring licensure. No county agency, municipal agency or state agency shall, directly or indirectly, when determining a person’s eligibility for examination, appointment or employment with any county agency, municipal agency or state agency require the disclosure of a criminal record expunged pursuant to section 100F, section 100G, section 100H or section 100K. An applicant for examination, appointment or employment with any county agency, municipal agency or state agency whose record was expunged pursuant to section 100F, section 100G, section 100H or section 100K may answer ‘no record’ with respect to an inquiry herein relative to prior arrests, criminal court appearances, juvenile court appearances, adjudications, or convictions. An applicant for examination, appointment or employment with any county agency, municipal agency or state agency whose record was expunged pursuant to section 100F, section 100G, section 100H or section 100K may answer ‘no record’ to an inquiry herein relative to prior arrests or criminal court appearances.

(b) An application for employment used by any employer which seeks information concerning prior arrests or convictions of the applicant shall include the following statement: “An applicant for employment with a record expunged pursuant to section 100F, section 100G, section 100H or section 100K of chapter 276 of the General Laws may answer ‘no record’ with respect to an inquiry herein relative to prior arrests, criminal court appearances or convictions. An applicant for employment with a record expunged pursuant to section 100F, section 100G, section 100H or section 100K of chapter 276 of the General Laws may answer ‘no record’ to an inquiry herein relative to prior arrests, criminal court appearances, juvenile court appearances, adjudications or convictions.

Section 100O. A petition for an expungement, any records related to a petition for an expungement, records related to judicial proceedings required to hear the petition for an expungement or an order of expungement pursuant to section 100F, section 100G, section 100H or section 100K shall not be a public record. Any information obtained by a county, municipal or state employee acting in their official capacity and related to a petition for or order for an expungement shall not be a public record as defined by clause twenty-sixth of section 7 of chapter 4 and shall be confidential information. Within 60 days of ordering an expungement pursuant to section 100F, section 100G, section 100H or section 100K the court and the commissioner shall expunge all records of the petition, the order and any related proceedings within their care, custody or control.

Section 100P. The court shall exclude the general public from any judicial proceeding where the court will be hearing a petition for an expungement admitting only such persons as may have a direct interest in the case.

Section 100Q. No person shall make records sealed pursuant to section 100A or section 100B or expunged pursuant to section 100F, section 100G, section 100H or section 100K available for inspection in any form by any person.

Section 100R. It shall be a violation of public policy for a district attorney to make a plea deal contingent on waiving a right to expunge.

Section 100S. In a claim for negligence, an employer or landlord shall be presumed to have no notice or ability to know of a record that: (i) has been sealed or expunged; (ii) the employer is prohibited from inquiring about pursuant to subsection 9 of section 4 of chapter 151B; or (iii) concerns crimes that the department of criminal justice information services cannot lawfully disclose to an employer or landlord.

Section 100T. Upon sealing a record pursuant to section 100A or section 100B or upon receipt of an order of expungement pursuant to section 100F, section 100G, section 100H or section 100K the commissioner of the department shall notify the Federal Bureau of Investigation and the United States Department of Justice of said sealing or expungement and shall request said Federal Bureau of Investigation and the United States Department of Justice seal or expunge the record.

Section 100U. The court, the office and the department may promulgate regulations for the administration and enforcement of sections 100E through 100T.

SECTION 196. Section 1 of chapter 276A, as so appearing, is hereby amended by striking out, in lines 20 and 21, the words “certified or approved by the commissioner of probation under the provisions of section eight,”.

SECTION 197. Section 2 of said chapter 276A, as so appearing, is hereby amended by striking out, in lines 6 and 7, inclusive, the words “who has reached the age of 18 years but has not reached the age of twenty-two,”.

SECTION 198. Said chapter 276A is hereby further amended by striking out section 4, as so appearing, and inserting in place thereof the following section:-

Section 4. In the event that an individual is charged with a violation of 1 or more of the offenses enumerated in the second sentence of section 70C of chapter 277, other than the offenses in subsection (a) of section 13A of chapter 265 and sections 13A and 13C of chapter 268, or if the defendant is charged with an offense for which a penalty of incarceration greater than five years may be imposed or for which there is minimum term penalty of incarceration or which may not be continued without a finding or placed on file, this chapter shall not apply to that defendant. Diversion of a district court charges under this chapter shall not preclude a subsequent indictment on the same charges in superior court.

SECTION 199. Section 5 of said chapter 276A, as so appearing, is hereby amended by inserting after the word “prosecution”, in line 10, the following words:- and any victims as defined in section 1 of chapter 258B.

SECTION 200. Sections 8 and 9 of said chapter 276A are hereby repealed.

SECTION 201. Said chapter 276A is hereby further amended by adding the following section:-

Section 12. Nothing in this chapter or chapter 276B shall limit or govern the authority of a district attorney or a police department to divert an offender or to require a district attorney or police department to accept an offender into a program that they operate.

SECTION 202. The General Laws are hereby amended by inserting after chapter 276A the following chapter:-

CHAPTER 276B.

RESTORATIVE JUSTICE.

Section 1. As used in this chapter the following words shall have the following meanings unless the context clearly requires otherwise:

“Community-based restorative justice program”, a voluntary program established on restorative justice principles that engages parties to a crime or members of the community in order to develop a plan of repair that addresses the needs of the parties and the community. Programs may include the parties to a case, their supporters and community members or 1-on-1 dialogues between a victim and an offender.

“Restorative justice”, a voluntary process whereby offenders, victims and members of the community collectively identify and address harms, needs and obligations resulting from an offense, in order to understand the impact of that offense; provided, however, that an offender shall accept responsibility for their actions and the process shall support the offender as the offender makes reparation to the victim or to the community in which the harm occurred.

Section 2. Participation in a community-based restorative justice program shall be voluntary and may be available to both a juvenile and adult defendant. A juvenile or adult defendant may be diverted to a community-based restorative justice program pre-arraignment or at any stage of a case with the consent of the district attorney and the victim. Restorative justice may be a final case disposition, with judicial approval. If a juvenile or adult defendant successfully completes the community-based restorative justice program, the charge shall be dismissed. If a juvenile or adult defendant does not successfully complete the program or is found to be in violation of program requirements, the case shall be returned to the court in which it was arraigned in order to commence with proceedings. Nothing in this chapter shall be construed to prohibit pre-arraignment law enforcement based programs and other programs.

Section 3. A person shall not be eligible to participate in a community-based restorative justice program prior to conviction or adjudication if that person is charged with: (i) a sexual offense as defined in section 1 of chapter 123A; (ii) an offense against a family or household member as defined in section 13M of chapter 265; or (iii) an offense resulting in serious bodily injury or death.

Section 4. Participation in a community-based restorative justice program shall not be used as evidence or as an admission of guilt, delinquency or civil liability in current or subsequent legal proceedings against any participant. Any statement made by a juvenile or adult defendant during the course of an assignment to a community-based restorative justice program shall be confidential and shall not be subject to disclosure in any judicial or administrative proceeding and no information obtained during the course of such assignment shall be used in any stage of a criminal investigation or prosecution or civil or administrative proceeding; provided, however, that nothing in this section shall preclude any evidence obtained through an independent source or that would have been inevitably discovered by lawful means from being admitted at such proceedings.

Section 5. (a) There shall be established a restorative justice advisory committee to review community-based restorative justice programs. The advisory committee shall consist of 17 members: 1 of whom shall be: the secretary of public safety and security or a designee who shall serve as chair; 1 of whom shall be the secretary of health and human services or a designee; 1 of whom shall be a member of the house of representatives appointed by the speaker; 1 of whom shall be a member of the senate appointed by the senate president; 1 of whom shall be; the president of the Massachusetts district attorneys association, or a designee; 1 of whom shall be the chief counsel of the committee for public counsel services or a designee; 1 of whom shall be the commissioner of probation or a designee; 1 of whom shall be the president of the Massachusetts chiefs of police association, or a designee; 1 of whom shall be the executive director of the Massachusetts office for victim assistance or a designee; 1 of whom shall be the executive director of the Massachusetts sheriff’s association, or a designee; and 7 of whom shall be appointed by the governor, 1 of whom shall be a retired trial court judge and 6 of whom shall be representatives of community-based restorative justice programs or a member of the public with expertise in restorative justice. Each member of the advisory committee shall serve a 6-year term.

(b) The advisory committee may monitor and assist all community-based restorative justice programs to which a juvenile or adult defendant may be diverted pursuant to this chapter.

(c) The advisory committee shall track the use of community-based restorative justice programs through a partnership with an educational institution and may make legislative, policy and regulatory recommendations to aid in the use of community-based restorative justice programs including, but not limited to: (i) qualitative and quantitative outcomes for participants; (ii) recidivism rates of responsible parties; (iii) criteria for youth involvement and training; (iv) cost savings for the commonwealth; (v) training guidelines for restorative justice facilitators; (vi) data on gender, racial socioeconomic and geographic disparities in the use of community-based restorative justice programs; (vii) guidelines for restorative justice best practices; and (viii) appropriate training for community-based restorative programs.

(d) The advisory committee shall annually submit a report with findings and recommendations to the governor, the clerks of the house of representatives and senate and the joint committees on the judiciary and public safety and homeland security annually, no later than December 31.

SECTION 203. Section 70C of chapter 277 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 8, the word “, chapter 119”.

SECTION 204. Said section 70C of said chapter 277, as so appearing, is hereby further amended by inserting after the figure “265”, in line 9, the following words;- , section 25 of chapter 266,

SECTION 205. Said section 70C of said chapter 277, as so appearing, is hereby further amended by striking out, in lines 10 and 11, the figures “13B1/2, 13B3/4, 13C, 14, 14B, 15, 15A, 16, 17, 18, 19, 20, 22A, 22B, 22C, 23, 23A, 23B” and inserting in place thereof the following figures:- 13C, 14, 14B, 15, 15A, 16, 17, 18, 19, 20, 23.

SECTION 206. Section 1 of chapter 279 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

When a person is sentenced to pay a fine of any amount or is assessed fines, fees, costs, civil penalties or other expenses at disposition of a case, the court shall inform that person that: (i) nonpayment of the fines, fees, costs, civil penalties or expenses may result in commitment to a correctional facility; (ii) payment must be made by a date certain; (iii) failure to appear at such date certain or failure to make the payment may result in the issuance of a default; and (iv) if an inability to pay exists as the result of a change in financial circumstances or for any other reason, the person has a right to address the court if the person alleges that such assessed fines, fees, costs, civil penalties or other expenses would cause a substantial financial hardship to the person, the person’s immediate family or the person’s dependents.

SECTION 207. Said chapter 279 is hereby further amended by inserting after section 6A the following section:-

Section 6B. (a) As used in this section the following words shall have the following meanings unless the context clearly requires otherwise:

“Dependent child”, a person under 18 years of age.

“Primary caretaker of a dependent child”, a parent with whom a child has a primary residence.

(b) Unless a sentence of incarceration is required by law, the court may, upon conviction, consider the defendant’s status as a primary caretaker of a dependent child before imposing a sentence. A defendant may request such consideration, by motion supported by an affidavit, not more than 10 days after the entry of judgment. Upon receipt of such a motion supported by an affidavit, the court shall make written findings concerning the defendant’s status as a primary caretaker of a dependent child and alternatives to incarceration. If such a motion has been filed, the court shall not impose a sentence of incarceration without first making such written findings.

SECTION 208. The second paragraph of section 6A of chapter 280 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The court or justice may waive all or any part of said cost assessment upon a finding that such payment would cause a substantial financial hardship to the person, the person’s immediate family or the person’s dependents.

SECTION 209. The first paragraph of section 6B of said chapter 280, as so appearing, is hereby amended by striking out the fourth sentence and inserting in place thereof the following sentence:- The court or justice may waive all or any part of said assessment upon a finding that such payment would cause a substantial financial hardship to the person, the person’s immediate family or the person’s dependents.

SECTION 210. The first paragraph of said section 368 of chapter 26 of the acts of 2003, as amended by section 10 of chapter 303 of the acts of 2006 is hereby further amended by inserting after the third sentence the following sentence:-

However, the parole board shall not assess said parole fee upon any person granted a parole permit for the first year said person is on parole.

SECTION 211. The first paragraph of said section 368 of chapter 26, as so amended, is hereby further amended by striking out the fourth and fifth sentences and inserting in place thereof the following 2 sentences:- The parole board may waive payment of said parole fee if it determines that such payment would constitute a substantial financial hardship to said person or the person’s immediate family or dependents. Any such waiver so granted shall continue to be in effect during the period of time that said person is determined to be unable to pay the monthly parole fee.

SECTION 212. The second paragraph of said section 368 of said chapter 26, as so amended, is hereby further amended by inserting after the second sentence the following sentence:-

However, the parole board shall not assess said surcharge upon any person granted a parole permit for the first year said person is on parole.

SECTION 213. The second paragraph of said section 368 of said chapter 26, as so appearing, is hereby further amended by striking out the third and fourth sentences and inserting in place thereof the following 2 sentences:- The parole board may waive payment of said surcharge if it determines that such payment would constitute a substantial financial hardship to said person or the person’s immediate family or dependents. Any such waiver so granted shall continue to be in effect during the period of time that said person is determined to be unable to pay the monthly parolee victim services surcharge.

SECTION 214. Notwithstanding any special or general law to the contrary, within 180 days of the effective date of this act, all previously unsubmitted investigatory sexual assault evidence kits containing forensic samples collected during a medical forensic exam in medical facilities or other facilities that collect kits, shall be submitted to law enforcement. Non-investigatory kits shall be safely stored by a governmental entity in a manner that preserves evidence for the duration of the statute of limitations. Non-investigatory kits shall not be transferred to the crime laboratory. Within 180 days of enactment, each law enforcement agency shall submit all previously unsubmitted investigatory sexual assault evidence kits , including those past the statute of limitations, to the crime laboratory within the department of the state police or such crime laboratory operated by a police department of a municipality with a population of more than 150,000.. The crime laboratory within the department of the state police or an accredited private crime laboratory designated by the secretary of public safety and security shall test all previously unsubmitted investigatory sexual assault kits within 180 days of receipt from local law enforcement. In cases where testing results in a DNA profile, the crime laboratory shall enter the full profile into CODIS and the state DNA database.

SECTION 215. (a) Not later than December 1, 2019, the executive office of public safety and security shall ensure that statewide policies and procedures for law enforcement shall be adopted concerning contact with victims and notification concerning sexual assault evidence kits. The policies and procedures shall be evidence-based and survivor-focused and shall require that: (i) each agency designate at least 1 person, who is trained in trauma and victim response, to receive all inquiries concerning sexual assault evidence kits and to serve as a liaison between the agency and the victim; and (ii) victims of sexual assault be provided with the contact information for the designated liaison at the time that a sexual assault evidence kit is collected.

(b) In advance or at the time of the medical forensic examination or law enforcement interview, a medical professional, a victim advocate, a law enforcement officer or a district attorney shall provide a victim of sexual assault with a physical document developed by the executive office of public safety and security identifying the victim’s rights under law.

(c) Under this section all victims of sexual assault shall have the right to:

(i) consult with a sexual assault victim advocate, upon availability and request, who shall have confidentiality and privilege and waiving this right to a victim advocate in 1 instance shall not negate this right. The medical facility, a law enforcement officer, or a prosecutor shall inform the victim of this right prior to commencement of a medical forensic examination or law enforcement interview, and shall not continue unless such right is knowingly and voluntarily waived;

(ii) request information on the location, testing date and testing results of a kit, whether a DNA sample was obtained from the kit, whether or not there are matches to DNA profiles in state and federal databases and the estimated destruction date for the kit, if applicable, in a manner of communication designated by the victim;

(iii) be informed when there is any change in the status of their case, including if the case has been closed or reopened;

(iv) designate a person of the victim’s choosing to act as a recipient of the information provided under this subsection;

(v) be informed on how to file a report with law enforcement and have their sexual assault evidence kit tested in the future if the victim has chosen not to file a report or have the kit tested at the time the kit was collected; and

(vi) be informed of the right to apply for victim compensation.

SECTION 216. Notwithstanding any general or special law to the contrary, the multidisciplinary task force established by section 11 of this act shall consider available funding opportunities including, but not limited to the following grant programs: Bureau of Justice Sexual Assault Kit Initiative (SAKI) grant program; the Sexual Assault Forensic Evidence-Inventory, Tracking and Reporting Program (SAFE-ITR) grant; the DNA Capacity Enhancement and Backlog Reduction (Debbie Smith) grant; the Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and the Victims of Crime Act Victim Assistance grant. The multidisciplinary task force shall also investigate opportunities to utilize software from outside jurisdictions including, but not limited to, the Idaho State Police and the city of Portland, Oregon’s free tracking software.

SECTION 217. (a) Notwithstanding any special or general law to the contrary, there shall be a special commission established pursuant to section 2A of chapter 4 of the General Laws to conduct a study on the ability of a defendant to pay fines and fees. The commission shall consist of 9 members: 1 of whom shall be : the commissioner of the department of probation or the commissioner’s designee; 1 of whom shall be the commissioner of the department of revenue or the commissioner’s designee; 1 of whom shall be a member of the house of representatives to be appointed by the speaker of the house; 1 of whom shall be a member of the house of representatives to be appointed by the minority leader of the house; 1 of whom shall be a member of the senate to be appointed by the senate president; 1 of whom shall be a member of the senate to be appointed by the senate minority leader; 1 of whom shall be appointed by the parole board; 1 of whom shall be appointed by the committee for public counsel services; and 1 of whom shall be appointed by the executive director of the American Civil Liberties Union of Massachusetts, Inc.

(b) The study shall include, but not be limited to:

(i) the establishment of a uniform definition and standards for evaluating a substantial financial hardship;

(ii) the feasibility of enabling the department of probation and the parole board to access department of revenue records to ascertain whether a defendant is indigent or would suffer a substantial financial hardship if ordered to pay fines or fees; and

(iii) the impact of registry of motor vehicle fines on defendants of limited income.

(c) The commission shall file the findings of its study by December 31, 2018, with the clerks of the house and the senate, who shall forward a copy of the report to the chairs of the house and senate committees on ways and means and the house and senate chairs of the joint committee on the judiciary.

SECTION 218. (a) Notwithstanding any general law or special law to the contrary, there shall be a special commission to study the health and safety of lesbian, gay, bisexual, transgender, queer, and intersex prisoners in correctional institutions, jails and houses of correction to evaluate current access to appropriate healthcare services and health outcomes.

(b) The special commission shall consist of 8 members: 1 of whom shall be appointed by the department of correction who works in corrections; 1 of whom shall be a sheriff appointed by the Massachusetts Sheriffs Association; 1 of whom shall be a former judge appointed by the chief justice of the supreme judicial court; 1 of whom shall be appointed by the governor who shall be a representative of a healthcare provider with expertise in transgender healthcare; 1 of whom shall be appointed by the national association of social workers; 1 of whom shall be appointed by Prisoners’ Legal Services; and 2 members shall be appointed by the attorney general, 1 of whom shall be a representative of an organization specializing in the advocacy, education, direct service and organizing of currently and formerly incarcerated lesbian, gay, bisexual, transgender and queer individuals and 1 of whom shall be a representative of legal advocates with expertise in advocating for lesbian, gay, bisexual, transgender, queer and intersex individuals in the criminal justice system.

(c) The members of the special commission shall be provided access to all state prisons and houses of correction in the commonwealth and shall be allowed to interview prisoners and staff to the extent practicable. The special commission shall gather information that includes, but shall not be limited to: (i) the number of prisoners who have received diagnoses of gender dysphoria or transition-related healthcare; (ii) the number of prisoners who have been denied diagnoses of gender dysphoria or transition-related healthcare; (iii) the number of denied requests for an alternative housing or facility placement by prisoners in connection with their gender identity and the reasons for the denial; and (iv) training provided to department staff and contracted health professionals on lesbian, gay, bisexual, transgender, queer and intersex cultural competency.

(d) The special commission shall prepare a report that shall include specific recommendations to improve outcomes, a timeline by which specific tasks or outcomes shall be achieved and recommendations for improving prisoner health and safety that shall be published not more than 1 year after the effective date of this act. The special commission shall submit its final report evaluating implementation of its recommendations not more than 3 years after the effective date of this act to the governor, the attorney general and the joint committee on the judiciary and the report shall be publicly available.

SECTION 219. (a) There shall be a special commission to study the prevention of suicide among correction officers in Massachusetts correctional facilities.. The commission shall consist of 13 members: 1 of whom shall be: the secretary of the executive office of public safety or the secretary’s designee who shall serve as chair; 1 of whom shall be the commissioner of the department of correction or the commissioner’s designee; 1 of whom shall be the commissioner of the department of public health or the commissioner’s designee; 1 of whom shall be the commissioner of the department of mental health or the commissioner’s designee; 1 of whom shall be a person appointed by the speaker of the house of representatives; 1 of whom shall be a person appointed by the minority leader in the house of representatives; 1 of whom shall be a person appointed by the president of the senate; 1 of whom shall be a person appointed by the minority leader of the senate; 1 of whom shall be appointed by the president of the Massachusetts correction officers federated union or their designee; 1 of whom shall be appointed by the president of the Massachusetts Psychological Society or designee; 1 of whom shall be appointed by the president of the New England Police Benevolent Association, Inc., or designee; and 2 persons to be appointed by the governor; 1 of whom shall be a representative of an organization that specializes in suicide prevention and 1 of whom shall be a representative of an organization that represents Massachusetts sheriffs. Each member shall serve without compensation.

(b) The commission shall review the state of suicide prevention programs in Massachusetts’ correctional facilities and develop model plans, recommend program changes, highlight budget priorities and recommend best practices that could be utilized to reduce correction officer suicide and attempted suicide. The commission shall: (i) examine and evaluate the current jail and prison suicide prevention policies; (ii) examine and evaluate suicide prevention training for correctional facility staff; (iii) provide recommendations for improving suicide identification and intervention for correctional facility staff; (iv) develop recommendations for providing mental health counseling services to correction officers that have a need for such services; (v) examine ways in which correctional facilities can reduce stress, anxiety and depression among correction officers; and (vi) examine training programs for incoming correction officers and develop recommendations for programs to include a discussion of mental preparedness.

(c) The commission may hold public hearings to assist in the collection and evaluation of data and testimony.

(d) The commission shall submit its findings and recommendations relative to suicide prevention, together with drafts of legislation necessary to carry those recommendations into effect, by filing the same with the clerks of the house of representatives and senate, the house and senate committees on ways and means, the joint committee on public safety and homeland security and the joint committee on mental health and substance abuse not later than December 31, 2018.

SECTION 220. (a) There shall be a bail reform special commission established pursuant to section 2A of chapter 4 of the General Laws, referred to in this section as the commission.. The commission shall evaluate policies and procedures related to the current bail system and recommend improvements or changes.

(b) The commission shall consist of 19 members: 2 of whom shall be members of the house of representatives appointed by the speaker of the house of representatives; 1 of whom shall be a member of the house of representatives appointed by the minority leader of the house of representatives; 2 of whom shall be members of the senate appointed by the president of the senate; 1 of whom shall be a member of the senate appointed by the minority leader of the senate; 1 of whom shall be; the chief justice of the supreme judicial court or the chief justice’s designee; 1 of whom shall be the chief justice of the superior court or the chief justice’s designee; 1 of whom shall be the chief administrative justice of the district court or the chief administrative justice’s designee; 1 of whom shall be the commissioner of probation or the commissioner’s designee; 1 of whom shall be the chief counsel of the committee for public counsel services or the chief counsel’s designee; 1 of whom shall be appointed by the American Civil Liberties Union of Massachusetts, Inc.; 1 of whom shall be appointed by Massachusetts Association of Criminal Defense Lawyers, Inc.; 1 of whom shall be the attorney general, or the attorney general’s designee; 2 of whom shall be members of the Massachusetts District Attorneys Association, including 1 of whom shall be the president, or their designees, and; 1 of whom shall be the governor, or the governor’s designee.. The speaker of the house of representatives and the president of the senate shall each appoint 1 co-chair of the commission from among its members. Members of the commission shall serve without compensation.

(b) The commission shall submit its final report to the governor, the house and senate chairs of the joint committee on the judiciary, the house and senate chairs of the joint committee on public safety and homeland security and the chief justice of the trial court not later than June 30, 2019 which shall include: (i) an evaluation of the potential to use risk assessment factors as part of the pretrial system regarding bail decisions, including the potential to use risk assessment factors to determine when defendants should be released, with or without conditions, without bail and when bail should be set; (ii) an evaluation of the impact of eliminating cash bail and recommendations, if any, for doing so; (iii) an evaluation of the setting of conditions on defendants when they are released with or without bail and if changes should be made to the setting of conditions; (iv) an evaluation of any disparate impact on defendants because of gender, race, gender identity or other protected class status in the pretrial system and recommend any changes that may minimize any such impact that is found; and (v) proposed statutory changes concerning the pretrial system

SECTION 221. (a) Notwithstanding any special or general law to the contrary, there shall be a task force to examine and study the treatment and impact of individuals ages 18 to 24 in the court system and correctional system.

(b) The task force shall consist of 20 members: 1 of whom shall be: the secretary of health and human services or the secretary’s designee, 1 of whom shall be; the secretary of public safety and security or the secretary’s designee, 1 of whom shall be; the commissioner of youth services or the commissioner’s designee; 1 of whom shall be the commissioner of the department of correction or the commissioner’s designee; 1 of whom shall be the commissioner of probation or the commissioner’s designee; 1 of whom shall be the chief justice of the district court or the chief justice’s designee; 1 of whom shall be the chief justice of the Boston municipal court or the chief justice’s designee; 1 of whom shall be the chief justice of the juvenile court department or the chief justice’s designee; 1 of whom shall be the director of the juvenile court clinic or the director’s designee; 1 of whom shall be a designee of the Massachusetts District Attorneys Association; the chief counsel of the committee for public counsel services; 2 of whom shall be appointed by the governor, 1 of whom shall have expertise in the neurological development of young adults and 1 of whom shall whom shall have expertise in young adult justice; 1 of whom shall be a member appointed by the speaker of the house of representatives who shall serve as co-chair; 1 of whom shall be a member appointed by the president of the senate who shall serve as co-chair; 1 of whom shall be a member appointed by the minority leader of the house of representatives; 1 member appointed by the minority leader of the senate; 1 of whom shall be a member appointed by American Federation of State, County and Municipal Employees Council 93 who shall be an employee of the department of youth services and have not less than 5 years of experience working in a department of youth services secure facility; 1 of whom shall be the executive director of Citizens for Juvenile Justice, Inc or the executive director’s designee; and 1 of whom shall be appointed by the Massachusetts Sheriff’s Association.

(c) The task force shall evaluate the advisability, feasibility and impact of changing the age of juvenile court jurisdiction to defendants younger than 21 years of age. The study shall include, but not be limited to:

(i) the benefits and disadvantages of including 18 to 20 year olds in the juvenile justice system;

(ii) the impact of integrating 18 to 20 year olds into the under-18 population in the care and custody of the department of youth services;

(iii) the ability to segregate young adults in the care and custody of the department of youth services from younger juveniles in such care; and

(iv) the potential costs to the state court system and state and local law enforcement.

The task force shall consider resources and facilities, if any, that could be reallocated from the adult system to the juvenile system and the advisability and feasibility of establishing a separate young adult court for persons aged 18 to 24.

(d) The task force shall also make recommendations for the establishment, implementation and provision to young adults, aged 18 to 24, who have been committed to the department of correction or a county correctional facility with increased and targeted age-appropriate programming and the establishment of young adult correctional units as authorized in section 48B of chapter 127 of the General Laws. The study shall include, but not be limited to:

(i) identifying the need and resources necessary to provide appropriate training to corrections and court staff, community supervision staff and behavioral health providers;

(ii) recommendations for programmatic development including, youth development and mentoring programs, mental health access, anger management and de-escalating conflicts, education opportunities and employment and vocational training;

(iii) recommendations to improve access to family and increase family involvement;

(iv) identifying opportunities to partner with or access appropriate programs or services within the department of youth services;

(v) identifying any costs or savings from implementing such programs and identifying any grants or other opportunities to reduce such costs;

(vi) reviewing policies and best practices from other jurisdictions and experts in the field;

(vii) reviewing existing models and programs currently being provided; and

(viii) identifying any costs related to the implementation of new protocols for correction’s and court staff, community supervision staff and behavioral health providers.

(e) The task force shall submit its findings to the clerks of the house of representatives and the senate not later than July 1, 2019 and the clerks shall forward the report to the house and senate chairs of the joint committee on the judiciary and the house and senate chairs of the joint committee on ways and means.

SECTION 222. The secretary of elder affairs and the secretary of public safety and security, in consultation with the attorney general, the Massachusetts chapter of AARP, the Massachusetts chapter of the National Academy of Elder Law Attorneys and a representative from an aging services access point, shall report to the general court on elder protection laws. The report shall include, but not be limited to: (i) the effectiveness of existing elder protection laws; (ii) the preservation of the autonomy of elders in the context of elder protection laws; (iii) additional legislative or regulatory changes that would further strengthen elder protection laws; and (iv) opportunities presented by the Elder Abuse Prevention and Prosecution Act, Public Law No. 115-70. The report shall be submitted with drafts of any recommended legislation to the clerks of the house of representatives and the senate and the chairs of the joint committee on elder affairs and the joint committee on the judiciary not later than December 31, 2018.

SECTION 223. (a) Notwithstanding any general or special law to the contrary, there shall be established a panel on justice-involved women to review and report on the impact of this act and other criminal laws on women and make recommendations on gender-responsive and trauma-informed approaches to address the pretrial, incarceration and rehabilitation needs of justice-involved women. The panel shall review and consider improvements including, but not limited to, family visitation policies, available reproductive health care, gender-specific, pretrial services and programming offered within correctional institutions and post-release transitional assistance and supports for women.

(b) The panel shall be chaired by the commissioner of the department of corrections or a designee and shall consist of the commissioner of the department of children and families or a designee, the commissioner of the department of mental health or a designee, the commissioner of the department of public health or a designee, the commissioner of the office of probation a member of the house of representatives appointed by the speaker of the house, a member of the senate appointed by the senate president, a member of the Massachusetts’ sheriffs association, and persons representing justice-involved women, re-entry programs, trauma-informed programs and training, domestic violence prevention and 1 person who has been incarcerated. Members of the panel shall be appointed not later than 60 days after the effective date of this act. The panel shall meet at least twice annually and shall review reports, data and other information related to justice-involved women.

(c)The panel shall annually, not later than December 31, issue a report of its review and recommendations to the house and senate chairs of the joint committee on the judiciary, the clersk of the senate and house of representatives and the chairs of the women’s caucus task force on justice-involved women.

SECTION 224. The department of correction, in consultation with the department of telecommunications and cable, shall study and report on: (i) the cost of local and long-distance telephone service provided to prisoners in department of correction facilities and houses of correction; (ii) a comparison of the rates with comparable residential telephone service; and (iii) information relative to commissions and revenue collected as part of telephone services provided to prisoners in department of correction facilities and houses of correction. The report shall be filed with the house and senate chairs of the joint committee on the judiciary, the house and senate chairs of the joint committee on public safety and security and the house and senate chairs of the joint committee on telecommunications, utilities and energy not later than December 31. 2018.

SECTION 225. (a) There shall be a restoration center commission in the former county of Middlesex to plan and implement a county restoration center and program to divert persons suffering from mental illness or substance use disorder who interact with law enforcement or the court system during a pre-arrest investigation or the pre-adjudication process from lock-up facilities and hospital emergency departments to appropriate treatment.

(b)The commission shall consist of 11 members: the Middlesex county sheriff or a designee who shall serve as co-chair; a representative from the Massachusetts Association for Mental Health who shall serve as co-chair; a representative of the National Alliance for Mental Illness Massachusetts; a representative from the Middlesex County Chiefs Association, from police departments within Middlesex county that have received critical incident training or have established a local jail diversion program; a representative from the Association for Behavioral Healthcare, Inc.; 1 member of the senate appointed by the senate president; a; 1 member of the house of representatives appointed by the speaker of the house; a representative from the department of mental health with knowledge of sequential intercept mapping and forensic services; a representative from the department of public health with knowledge of sequential intercept mapping and forensic services; a representative from the trial courts who shall be appointed by the chief justice of the trial court and who shall have specialty court experience or probation experience within Middlesex county; and a representative from MassHealth who shall have knowledge of insurance vehicles, including Medicaid. The commission shall hold its first meeting not later than 30 days after the effective date of this act.

(c)The commission shall develop and implement a 3-year plan to build a restoration center in the former county of Middlesex. In the first year, the commission shall: (i) perform an examination of state and national best practices including, but not limited to, the Bexar County model, which has received national recognition from the federal Substance Abuse and Mental Health Services Administration for its success in diverting individuals with behavioral health issues away from the criminal justice system and into appropriate treatment; and (ii) review the current capacity of mental health providers within the former county of Middlesex to provide behavioral health services to individuals suffering from mental illness or substance use disorders who interact with law enforcement or the court system and the barriers they face to accessing treatment. In the second year, the commission shall develop a jail diversion program and an initial pilot focused on providing integrated community-based services from a centralized location and perform an analysis of potential costs and cost savings. In the third year, the commission shall develop a restoration center and secure funding for a subsequent 2-year period.

(d) Within 1 year after the effective date of this act, the commission shall submit its findings and recommendations for a restoration center, together with drafts of legislation necessary to carry out those recommendations, including a report on the current capacity to provide behavioral health services to individuals suffering from mental illness or substance use disorder, which shall include, but not be limited to, the type of services pre-arrest, pre-release and post-release, location of services, types of patients served and barriers to diverting individuals away from the criminal justice system and into treatment. Within 2 years after the effective date of this act, the commission shall report on the outcome of the pilot programs and provide a full implementation plan for a restoration center including, but not limited to, deliverables, barriers to implementation and costs. Reports shall be submitted to the senate and house committees on ways and means, the joint committee on mental health and substance abuse, the executive office of public safety and security, the executive office of health and human services and the governor. The commission shall thereafter produce an annual report, which shall include, but not be limited to, a list of services and programs, populations served and financial information.

SECTION 226. (a) Notwithstanding any general or special law to the contrary, there shall be a special commission established pursuant to section 2A of chapter 4 of the General Laws to review the qualifications and scope of practice of qualified examiners as defined in section 1 of chapter 123A of the General Laws.

(b) The special commission shall consist of 13 members: 2 of whom shall be: the senate and house chairs of the joint committee on the judiciary or their designees, who shall serve as co-chairs; 1 of whom shall be the minority leader of the house of representatives or a designee; 1 of whom shall be the minority leader of the senate or a designee; 1 of whom shall be the secretary of public safety and security or a designee; 1 of whom shall be the commissioner of correction or a designee; 1 of whom shall be the commissioner of public health or a designee; 1 of whom shall be the executive director of the Massachusetts District Attorneys Association or a designee; 1 of whom shall be the executive director of the Massachusetts office of victim assistance or a designee; 1 of whom shall be the superintendent of the Massachusetts treatment center or a designee; 1 of whom shall be the executive director of the committee for public counsel services or a designee; 1 of whom shall be a representative of a professional association with expertise in the assessment and treatment of sexually dangerous persons; and 1 of whom shall be a person with experience in supervision of qualified examiners. The special commission shall consult with the sex offender registry board, the parole board, the department of probation and others as necessary to complete the commission’s work.

(c) The special commission shall conduct a thorough review of the educational and experiential requirements for qualified examiners and the clinical standards and practices and risk assessment criteria used by qualified examiners in conducting an assessment of sexually dangerous persons as defined in section 1 of chapter 123A of the General Laws. The special commission shall determine whether these requirements, standards and practices reflect the current scientific research and best practice evidence in the field and make recommendations for revision of current professional requirements, clinical standards, practices and risk assessment criteria as needed to support effective practices among qualified examiners and to maximally ensure public safety.

(d) The special commission shall submit its report and recommendations, together with drafts of legislation to carry its recommendations into effect, by filing the same with the clerks of the house of representatives and the senate not later than December 31, 2018.

SECTION 227. The executive office of public safety and security may issue a temporary waiver from the requirements of section 1A of chapter 263 of the General Laws for a defined period of time to a police department that demonstrates, upon application to the executive office, that it has inadequate resources to implement that section.

SECTION 228. (a) The secretary of public safety and security may use a phased implementation process to implement the sexual assault evidence kit tracking system required pursuant to sections 11, 24, and 216 of this Act and facilitate entry and use of the system for required participants not later than June 30, 2019. The secretary may phase initial participation according to region, volume or other appropriate classifications. All entities who have custody of sexual assault evidence kits shall fully participate in the system not later than December 1, 2019.

(b)The secretary shall submit a report on the current status and plan for launching the system, including the plan for phased implementation, to the joint committee on the judiciary, and the governor not later than June 30, 2018. For the purpose of the report, a sexual assault evidence kit shall be assigned to the jurisdiction associated with the law enforcement agency anticipated to receive the sexual assault evidence kit or otherwise in the custody of the sexual assault evidence kit.

(c) Local law enforcement agencies shall begin full participation in the system according to the implementation schedule established by the secretary which shall be not later than 1 year after the effective date of this act.

(d) The department of state police and the Boston police department shall begin full participation in the system according to the implementation schedule established by the secretary which shall be not later than 1 year after the effective date of this act.

(e) Hospitals shall begin full participation in the system according to the implementation schedule established by the secretary which shall be not later than 1 year after the effective date of this act.

(f) District attorney offices shall begin full participation in the system according to the implementation schedule established by the secretary which shall be not later than 1 year after the effective date of this act.

SECTION 229. All appointments to the juvenile justice policy and data board established in section 89 of chapter 119 of the General Laws shall be made not less than 90 days after the effective date of this act.

SECTION 230. Regulations required by subsection (e) of section 39B and section 39E of chapter 127 of the General Laws shall be promulgated not later than December 31, 2018.

SECTION 231. All appointments to the advisory committee established in section 5 of chapter 276B of the General Laws shall be made not later than October 1, 2018 and the first meeting of the advisory committee shall be held not later than December 1, 2018.

SECTION 232. Sections 2, 5, 8, 10, 12, 13, 14, 15, 16, 17, 27, 31, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 75, 76, 77, 78, 79, 80, 81, 130, 131, 132, 161, 168, 172, 185, and 207 shall take effect 90 days after the effective date of this act.

SECTION 233. Sections 18, 74, 106, 108, 110, 125, and 227 shall take effect on July 1, 2019.

SECTION 234. Sections 19 and 23 shall take effect 1 year after the effective date of this act.

SECTION 235. Section 19 shall apply to convictions and adjudications entered on or after a date 1 year after the effective date of this act.

SECTION 236. Sections 25, 26, 85, 86, 87, 88, 89, 91, 92, 93, 94, 95, and 96 shall take effect on December 31, 2018.

SECTION 237. Sections 45, 46, 49, 50, 51, 57, and 111 shall apply to offenses committed after the effective date of this act.

SECTION 238. Sections 47, 48, 52, 53, 54, 55, 56, and 60 shall apply to initial convictions occurring on or after the effective date of this act.

SECTION 239. Sections 84, 90, 103, 104, 186, 187, 188, 189, 190, 191, 192, 193 194, and 195 of this act shall take effect 6 months after the effective date of this act.