Governor Charles D. Baker's Budget Recommendation - House 1 Fiscal Year 2016

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JUDICIARY
Fiscal Year 2016 Resource Summary ($000)
DEPARTMENT FY 2016
Budgetary
Recommendations
FY 2016
Federal, Trust,
and ISF
FY 2016
Total
Spending
FY 2016
Budgetary
Non-Tax Revenue
Supreme Judicial Court 27,315 92 27,407 2,939
Commission on Judicial Conduct 636 0 636 0
Board of Bar Examiners 1,215 0 1,215 0
Committee for Public Counsel Services 201,653 163 201,816 8,600
Mental Health Legal Advisors Committee 956 0 956 0
Appeals Court 12,360 0 12,360 376
Trial Court 603,254 238 603,492 99,824
TOTAL 847,388 494 847,881 111,739


account description amount
SUPREME JUDICIAL COURT 27,406,768
Budgetary Direct Appropriations 27,314,856
0320-0003 Supreme Judicial Court
For the operation of the supreme judicial court, including salaries of the chief justice and the 6 associate justices
8,183,990
0320-0010 Suffolk County Supreme Judicial Court Clerks Office
For the operation of the clerk's office of the supreme judicial court for Suffolk county
1,519,471
0321-1600 Massachusetts Legal Assistance Corporation
For civil legal assistance; provided, that notwithstanding section 9 of chapter 221A of the General Laws, the Massachusetts Legal Assistance Corporation shall expend funds for the Disability Benefits Project, the Medicare Advocacy Project and the Battered Women's Legal Assistance Project
14,683,589
0321-2100 Prisoners' Legal Services
For the Prisoners' Legal Services, formerly known as Massachusetts correctional legal services committee
1,184,179
0321-2205 Suffolk County Social Law Library
For the expenses of the social law library located in Suffolk county
1,743,627
account description amount
Federal Grant Spending 91,912
0320-1711 State Court Improvement Data Grant
For the purposes of a federally funded grant entitled, State Court Improvement Data Grant
91,912

 

 
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account description amount
COMMISSION ON JUDICIAL CONDUCT 635,926
Budgetary Direct Appropriations   
0321-0001 Commission on Judicial Conduct
For the operation of the commission on judicial conduct
635,926

 

 
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account description amount
BOARD OF BAR EXAMINERS 1,214,649
Budgetary Direct Appropriations   
0321-0100 Board of Bar Examiners
For the operation of the board of bar examiners
1,214,649

 

 
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account description amount
COMMITTEE FOR PUBLIC COUNSEL SERVICES 201,816,460
Budgetary Direct Appropriations 201,653,033
0321-1500 Committee for Public Counsel Services
For the operation of the committee for public counsel services, as authorized by chapter 211D of the General Laws; provided, that the committee shall develop and implement a system in which no less than 25 per cent of indigent defendants shall be represented by public defenders by the end of fiscal year 2016; provided further, that the committee shall provide a report to the executive office for administration and finance and the house and senate committees on ways and means, no later than September 1, 2015, detailing an implementation plan for meeting the requirements of the previous proviso, that shall include, but not be limited to, the following: (a) the expected surplus or deficiency for fiscal year 2016 of items 0321-1500 and 0321-1510, (b) the current and projected number of public defenders and private bar advocates assigned to each court house and (c) any perceived impediments to implementing this plan by the end of fiscal year 2016 and possible solutions to such impediments; provided further, that in hiring public defenders, priority shall be given to current private bar advocates; provided further, that the committee shall submit a report to the executive office for administration and finance, the clerks of the house of representatives and senate, the joint committee on the judiciary and the house and senate committees on ways and means no later than December 2, 2015, that shall include, but not be limited to, the following: (1) the number of cases for which the committee provided representation in the prior fiscal year, delineated by public defender and private bar advocate representation, and further delineated by type of case and geographic location, (2) the average cost for public defender services rendered per case, delineated by type of case and geographic location, (3) the average cost for private bar advocate services rendered per case, delineated by type of case and geographic location, (4) the average number of hours spent per case by public defenders, delineated by type of case and geographic location, (5) the average number of hours billed by private bar advocates, delineated by type of case and geographic location, (6) the total amount of counsel fees paid to the courts by clients for services rendered, delineated by type of case and geographic location and (7) any proposed expansion of legal services delineated by type of service, target population and cost; provided further, that the committee shall submit quarterly reports to the executive office for administration and finance and the house and senate committees on ways and means starting on October 12, 2015 and ending on July 11, 2016 that shall include, but not be limited to, the following: (1) the total number of cases that have been assigned to public defenders, delineated by type of case, (2) the number of cases that have been assigned to private bar advocates, delineated by type of case, (3) the total billable hours to date of private bar advocates, delineated by type of case, (4) the staffing efficiencies that have been achieved and (5) the cost effectiveness of private bar advocates; and provided further, that this data shall be provided in a cumulative manner, delineated by quarter
26,519,719
0321-1504 CPCS Attorney Salaries
For the payroll costs of the committee's public defenders, attorneys in charge and appeals attorneys, including fringe benefits costs; provided, that funds appropriated herein shall be expended only in the AA and DD object classes; and provided further, that funds appropriated in this item shall not be expended for administrative support staff or services of any kind
26,566,450
0321-1510 Private Counsel Compensation
For compensation paid to private counsel assigned to represent indigent clients in criminal and civil cases; provided, that compensation shall not be granted for representation provided in excess of 75 per cent of total criminal and civil cases administered by the committee on public counsel services; and provided further, that compensation for an individual attorney shall not exceed 1650 hours of representation
133,614,882
0321-1520 Indigent Persons Fees and Court Costs
For the fees and court costs of indigent persons
14,951,982
account description amount
Federal Grant Spending 163,427
0320-1900 Bloodsworth Grant
For the purposes of a federally funded grant entitled, Bloodsworth Grant
163,427

 

 
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account description amount
MENTAL HEALTH LEGAL ADVISORS COMMITTEE 955,574
Budgetary Direct Appropriations   
0321-2000 Mental Health Legal Advisors Committee
For the operation of the mental health legal advisors committee
955,574

 

 
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account description amount
APPEALS COURT 12,359,985
Budgetary Direct Appropriations   
0322-0100 Appeals Court
For the operation of the appeals court
12,359,985

 

 
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account description amount
TRIAL COURT 603,492,089
Budgetary Direct Appropriations 603,253,824
0330-0101 Trial Court Justices' Salaries
For the salaries of the justices' of the trial court departments; provided, that the trial court administrator may transfer funds between this item and any other item within the trial court
67,319,765
0330-0300 Administrative Staff
For the central administration of the trial court, including the court security program, the Massachusetts sentencing commission and alternative dispute resolution and permanency mediation services; provided, that 50 per cent of all fees payable under Massachusetts Rules of Criminal Procedure 15(d) and 30(c)(8) shall be paid from this item; provided further, that funds be expended for additional expenses associated with the operation of the trial court, the operation of the superior court department, the operation of the district court department, the operation of the probate and family court department, the operation of the land court department, the operation of the Boston municipal court department, the operation of the housing court department, the operation of the juvenile court department, the operation of the commissioner of probation and the operation of the community corrections administration; and provided further, that the trial court administrator and management may transfer funds between this item and any other item within the trial court
214,812,830
0330-0344 Veterans Court Program Admin and Transportation
For administration and transportation costs associated with a veterans court program
97,891
0330-0500 Trial Court Video Teleconferencing
For expanded use of video teleconferencing for court appearances by persons in the custody of houses of correction; provided, that the court administrator shall distribute funds from this item for proposals to increase video teleconferencing that are most likely to result in cost savings; provided further, that proposals shall be developed by 1 or more district or superior court in partnership with 1 or more house of correction; provided further, that proposals shall include: (a) the type of court appearances proposed for video teleconferencing; (b) the constitutional, statutory, fiscal, procedural or other obstacles that may limit the use of video teleconferencing; (c) the estimates of initial costs related to the proposal; and (d) the estimated annual savings from using video teleconferencing; provided further, that funds from this item may be used to ensure equitable distribution of savings between both the court and house of correction; provided further, that not later than March 3, 2016, the court administrator shall report to the house and senate committees on ways and means on the distribution of funds from this item; provided further, that the report shall include: (a) a summary of proposals received; (b) a summary of proposals receiving funds from this item; (c) a summary of estimated first-year costs and savings; and (d) an analysis of constitutional, statutory, fiscal, procedural or other obstacles to the further expansion of video teleconferencing; and provided further, that the court administrator may transfer funds from this item to item 0330-0300 within 10 days after submitting written notice of such transfer to the house and senate committees on ways and means
489,453
0330-0599 Recidivism Reduction Pilot Program
For a probation pilot program that administers high-intensity supervision that promotes successful probation outcomes and reduces recidivism; provided, that the office of the commissioner of probation shall partner with an external research organization that is responsible for monitoring program fidelity, designing and implementing the experimental model and collecting and analyzing the outcome evaluation; and provided further, that the pilot program shall be conducted at both a district and superior court
689,337
0330-0601 Specialty Drug Courts
For the operation of drug courts and other specialty courts; provided, that the trial court shall partner with an external research organization that is responsible for monitoring program fidelity and collecting and analyzing the outcome evaluations for all drug courts funded through this item; provided further, that all drug courts funded through this item shall be faithful to a specific proven or promising model to reduce recidivism and reoccurrence of substance abuse as identified by the evaluator selected to monitor the program; provided further, that existing drug courts may receive funds from this item; provided further, that such drug courts shall meet program fidelity standards identified by the evaluator; provided further, that the outside evaluator shall develop measures and processes to collect data that measures the long-term outcomes of: (a) any cost savings to the commonwealth as a result of alternative sentencing; and (b) the impact of drug courts on recidivism; provided further, that the external research organization responsible for evaluating this program shall submit an annual report to the house and senate committees on ways and means detailing all relevant findings; and provided further, that notwithstanding section 201 of this act, no funds shall be transferred from this item to another item in the trial court
2,936,718
0331-0100 Superior Court
For the operation of the superior court department
30,411,636
0332-0100 District Court
For the operation of the district court department
62,485,236
0333-0002 Probate and Family Court
For the operation of the probate and family court department
28,306,204
0334-0001 Land Court
For the operation of the land court department
3,461,031
0335-0001 Boston Municipal Court
For the operation of the Boston municipal court department
12,944,105
0336-0002 Housing Court
For the operation of the housing court department
7,429,749
0337-0002 Juvenile Court
For the operation of the juvenile court department
18,740,487
0339-1001 Commissioner of Probation
For the office of the commissioner of probation; provided, that associate probation officers shall only perform in-court functions and shall assume the in-court duties of the currently employed probation officers who shall be reassigned within the probation service, subject to collective bargaining agreements, to perform intensive, community-based supervision of probationers, including the intensive supervision and community restraint services in item 0339-1003; provided further, that funds from this item shall be expended for the costs associated with full implementation of chapter 303 of the acts of 2006 and chapter 418 of the acts of 2006 to ensure effective supervision of probationers who are monitored through global positioning system bracelets; provided further, that no funds shall be expended from this item to cover the costs of building leases; provided further, that notwithstanding any general or special law, rule or regulation to the contrary, probation officer personnel and probation clerical support staff assigned to the courts shall be provided with suitable office space in their current location in and around the various divisions and departments of the trial court, as the case may be, or in suitable office space as appropriate, with the advice and consent of the commissioner; provided further, that the office shall enter into an interagency service agreement with the department of revenue to verify income data and to use the department's wage reporting and bank match system for the purpose of weekly tape-matching to determine an individual's eligibility for appointment of indigent counsel, as defined in chapter 211D of the General Laws; provided further, that the office shall submit quarterly reports on indigency verification to the joint committee on the judiciary and the house and senate committees on ways and means that shall include, but not be limited to: (a) the number of individuals determined to be indigent; (b) the number of individuals determined not to be indigent; (c) the number of individuals found to be misrepresenting assets; (d) the number of individuals found to no longer qualify for appointment of counsel upon any re-assessment of indigency under section 2 of said chapter 211D; (e) the total number and amount of indigent counsel fees collected and the total number and amount of indigent counsel fees waived; (f) the average indigent counsel fee that each court division collects; (g) the total number and amount of indigent but able to contribute fees collected and waived; (h) the range of indigent but able to contribute fees collected; and (i) the number of cases in which community service in lieu of indigent counsel fees was performed; provided further, that the information within the report shall be delineated by court division; provided further, that the office shall submit quarterly reports to the joint committee on the judiciary and the house and senate committees on ways and means that shall include: (a) the office's definition of supervisory and nonsupervisory cases; (b) a detailed description of what each level of supervision within these classifications entails in terms of responsibilities of the probation officer; (c) the average time commitment for a probation officer for each level of supervision on a monthly basis; (d) the overall number of individuals on probation; (e) the number of individuals added to probation and the number removed from probation for each month within that quarter; and (f) the total number of full-time employees who administer probationary cases; provided further, that these figures shall be delineated by level of supervisory and nonsupervisory probation and by court division; provided further, that the overall number of individuals on probation and added to probation each month shall be separately delineated by originating court or referral source; and provided further, that the report shall include the number of probationers served by community corrections centers and electronic monitoring including, but not limited to, global positioning systems, and delineated by level of supervisory and nonsupervisory probation
130,300,994
0339-1003 Office of Community Corrections
For the office of community corrections and performance-based contracts for the operation of community corrections centers
20,122,086
0339-2100 Jury Commissioner
For the operation of the office of the jury commissioner; provided, that the trial court administrator and management may transfer funds between this item and any other item within the trial court
2,706,302
account description amount
Federal Grant Spending 238,265
0330-0444 Second Chance Act Prisoner Reentry Initiative
For the purposes of a federally funded grant entitled, Second Chance Act Prisoner Reentry Initiative
238,265

 

 

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