HOUSE DOCKET, NO. 5204 FILED ON: 7/24/2020
HOUSE . . . . . . . . . . . . . . . No.
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Alyson M. Sullivan
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to public safety, improving court security efficiency and the reduction of
prisoner transportation costs.
_______________
PETITION OF:
NAME: DISTRICT/ADDRESS:
Alyson M. Sullivan 7th Plymouth
Norfolk County Sheriff Jerome P. 200 West St, PO Box 149, Dedham, MA
McDermott 02027
Former Norfolk County Sheriff Michael 33 Bayberry Rd Quincy, MA 02171
Bellotti
Barnstable County Sheriff James M. 6000 Sheriff's Place, Bourne, MA 02532
Cummings
Berkshire County Sheriff Thomas N. Bowler 467 Cheshire Rd., Pittsfield, MA 01201
Bristol County Sheriff Thomas M. Hodgson 400 Faunce Corner Road, Dartmouth, MA
02747
Dukes County Sheriff Robert W. Ogden PO Box 252, Edgartown, MA 02539
Essex County Sheriff Kevin F. Coppinger 20 Manning Avenue, PO Box 807,
Middleton, MA 01929
Franklin County Sheriff Christopher J. 160 Elm Street, Greenfield MA, 01301
Donelan
Hampden County Sheriff Nicholas Cocchi 627 Randall Road, Ludlow, MA 01056
Hampshire County Sheriff Patrick J. 205 Rocky Hill Road, PO Box 7000,
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Cahillane Northampton, MA 01061
Middlesex County Sheriff Peter J. 400 Mystic Avenue, Medford, MA 02155
Koutoujian
Nantucket County Sheriff James A. 20 South Water Street, PO Box 419,
Perelman Nantucket, MA 02554
Plymouth County Sheriff Joseph D. 24 Long Pond Road, Plymouth, MA 02360
McDonald Jr.
Suffolk County Sheriff Steven W. Tompkins 20 Bradson Street, Boston, MA 02118
Worcester County Sheriff Lewis G. 5 Paul X. Tivnan Drive, West Boylston, MA
Evangelidis 01583
David F. DeCoste 5th Plymouth
Patrick Joseph Kearney 4th Plymouth
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 HOUSE DOCKET, NO. 5204 FILED ON: 7/24/2020
HOUSE . . . . . . . . . . . . . . . No.
[Pin Slip]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-First General Court
(2019-2020)
_______________
An Act relative to public safety, improving court security efficiency and the reduction of
prisoner transportation costs.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 1. Court appearances conducted by closed circuit television, video conference or
2 telephonic conference call.
3 A. Notwithstanding the provisions of any other law or rule, whenever the appearance in
4 person in court, in either a civil or criminal proceeding is required of anyone held in a place of
5 confinement operated by the state or any of its political subdivisions, including counties and
6 municipalities, all such personal court appearances, except for trials or contested evidentiary
7 proceedings where witnesses will testify, must be made by two way audio visual communication,
8 closed circuit television, video conference or telephonic conference call Including:
9 1. The initial appearance or arraignment on an arrest, a criminal
10 complaint or indictment or where bail is set, bail review, warrant or default
11 removal or dangerousness hearing conducted.
12
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13 2. Emergency abuse prevention orders and initial hearing after notice
14 (G.L. c. 209A
15 3. Emergency harassment prevention orders and initial hearing after notice.
16 (G.I. c.258E)
17 4. Emergency extreme risk protection orders and initial hearing after notice.
18 (G.L. c. 140, 131R-131Y
19 5. Probation violations
20 6. Mental Health commitment hearings or evaluations, pursuant to G.L. c.123
21 7. Mental Health orders pursuant to G.L. c.123, 18 (a)
22 8. Search Warrants
23
24 9. Pre-Trial Conferences
25 10. Discovery Compliance/Jury Election
26 11. Status Hearings
27 12. Pre-Trial Motions
28 13. Probable cause dates, Trial Assignments, Continuances and speedy trial
29 requests
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30 14. Post-Conviction Proceedings, including Motions for a new trial,
31 Motions to revise and revoke, Sentence Appeals.
32 15. Parole Hearings, Probation Hearings, Sexual Dangerousness Hearings,
33 Sex Offender Registry Board Hearings,
34
35 B. The above list does not preclude or restrict Judicial discretion to allow video
36 conferencing in other Non –Evidentiary Court events.
37 C. The audio visual communication facilities must provide two-way audio visual
38 communication between the court and the place of confinement and must provide a secure line
39 over which the person in custody may communicate with his or her counsel, if any.
40 D. Except as otherwise provided by law, the public must have access that allows them to
41 view and hear the proceedings in the court room.
42 E. The audio visual proceedings conducted under this Section shall be recorded by the
43 court which will constitute the official record of the proceedings. A video tape copy of the
44 Hearing may also be made and retained by the court.
45 F. Nothing in this section shall be construed to prohibit other Court appearances through
46 the use of two-way audio visual communication with the consent of the parties and court.
47 G. Nothing in this section shall be construed to establish the right of any person held in
48 custody or confinement to appear in court through video conferencing.
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49 H. The Sheriffs and the Department of Correction shall file a report annually to the
50 Secretary of Public Safety, as to the total number of court, Parole Board, Sex Offender Registry
51 Board, Video Conferences, and transports.
52 2. Regional Detention Centers
53
54 A. In order to expedite the Pre-arraignment process and reduce the time of
55 incarceration through video conferencing, as well as the implementation of comprehensive
56 interventions that divert as many detainees as possible from Pre-trial incarceration to local Pre-
57 trial intervention and Parole supervisory programs, as well as for the safety and security of the
58 public and detainees, to provide adequate facilities and staffing for alcohol and/or drug
59 withdrawal, suicide watch medical treatment, mental health treatment, visiting, meals
60 preparation, day rooms and other support services, there shall be established in the existing
61 facilities of the several Sheriffs’ Offices of the Commonwealth, regional detention centers and
62 the entire pre-arraignment – video arraignment process shall be supervised by the Sheriffs.
63 B. Notwithstanding the provisions of any other law or rule, whenever a person is
64 arrested or detained for any reason, such person shall be transported to a regional detention
65 center so designated by the Sheriff of that county.
66 C. The provisions of MGL Chapter 40 Sections 34, 35, 36, a,b,c and 37 are hereby
67 stricken/repealed effective December 31, 2021. Any existing state, district, city or town lockup
68 shall be closed, effective December 31, 2021, unless the Secretary of Public Safety extends the
69 time for good cause.
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70 D. Police Officers who are transporting a detainee to a regional detention center shall,
71 during transport, have the full authority and jurisdiction of any police officer through any city,
72 town or county. The Sheriffs regional detention center and deputy sheriffs of the county where
73 the regional detention facility is located shall have the same authority, jurisdiction, and duty as a
74 police office to detain, book, hold, and transport a pre-arraignment detainee or any other detainee
75 to or from the regional detention center.
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