Judiciary

District Court Realignment - Marlborough

SECTION 19.   Section 10 of chapter 218 of the General Laws, as so appearing, is hereby amended by striking out, in line 22, the words "district court of Marlborough".

 

District Court Realignment - Marlborough

SECTION 20.   The second paragraph of said section 10 of said chapter 218, as so appearing, is hereby amended by inserting after the line reading "district court of Holyoke" the following line:

district court of Marlborough.

 

District Court Realignment - Worcester

SECTION 21.   Said section 10 of said chapter 218, as so appearing, is hereby further amended by striking out, in line 39, the words "second district court of eastern Worcester".

 

District Court Realignment - Worcester

SECTION 22.   The third paragraph of said section 10 of said chapter 218, as so appearing, is hereby amended by inserting after the line reading "district court of western Worcester" the following line:-

second district court of eastern Worcester.

 

District Court Realignment - Middlesex

SECTION 23.   Said section 10 of said chapter 218, as so appearing, is hereby further amended by striking out, in lines 53 and 54, the words "Brookline; district court of central Middlesex" and inserting in place thereof the following word:- Brookline.

 

District Court Realignment - Middlesex

SECTION 24.   The fourth paragraph of said section 10 of said chapter 218, as so appearing, is hereby amended by inserting after the line reading "fourth district court of eastern Middlesex" the following line:-

district court of central Middlesex.

 

Assistant Clerks in Essex County Division Juvenile Court

SECTION 25.   Section 58 of said chapter 218, as so appearing, is hereby amended by striking out, in line 76, the words "an assistant clerk" and inserting in place thereof the following words:- a first assistant clerk and 3 assistant clerks.

 

Middlesex Clerk Increase

SECTION 26.   Said section 58 of said chapter 218, as so appearing, is hereby further amended by striking out, in line 80, the word "seven" and inserting in place thereof the following figure:- 8.

 

Franklin Superior Court

SECTION 27.   Section 4 of chapter 221 of the General Laws, as so appearing, is hereby amended by inserting after the word "Essex", in line 4, the following word:- , Franklin.

 

Hampden County Assistant Clerks

SECTION 28.   Section 5 of said chapter 221, as so appearing, is hereby amended by striking out, in line 10, the figure "10" and inserting in place thereof the following figure:- 12.

 

Suffolk County Clerk Salary

SECTION 29.   Section 16A of said chapter 221, as so appearing, is hereby amended by striking out the second sentence.

 

GPS Technical Change I

SECTION 30.   ** Item is being returned for amendment. Text of recommendations can be found in Attachment D.



Section 47 of chapter 265 of the General Laws, as so appearing, is hereby amended by striking out the second, third and fourth sentences and inserting in place thereof the following 2 sentences:- The commissioner of probation shall effectuate geographic exclusion zones, which shall be defined by the court and included as conditions of probation. If the commissioner or the probationer's probation officer has probable cause to believe that the probationer has violated this term of his probation, the commissioner or the probationer's probation officer shall notify the police in the location of the exclusion zone and shall arrest or cause the probationer to be arrested under section 3 of chapter 279.

 

Appelate Division Clerk Salaries

SECTION 31.   Section 28D of chapter 278 of the General Laws is hereby repealed.

 

Trial Court Transferability

SECTION 69.   Notwithstanding subclause (a) of clause (xxiii) of the third paragraph of section 9 of chapter 211B of the General Laws, or any other general or special law to the contrary, the chief justice for administration and management may, from the effective date of this act through April 30, 2008, transfer funds from any item of appropriation within 1 of the 7 departments of the trial court to any other item of appropriation of the 7 departments. These transfers shall be made in accordance with schedules submitted to the house and senate committees on ways and means. The schedule shall include the following: (1) the amount of money transferred from 1 item of appropriation to another; (2) the reason for the necessity of the transfer; and (3) the date on which the transfer is to be completed. A transfer under this section shall not occur until 10 days after the revised funding schedules have been submitted in written form to the house and senate committees on ways and means.

 

Working Group for the Creation of a Updated Jury Pool List

SECTION 71.   (a) Notwithstanding any general or special law to the contrary, the secretary of administration and finance or his designee, hereinafter referred to as the secretary, the jury commissioner or her designee and the state secretary or his designee shall convene a working group to establish an administrative records list of all residents 17 years of age and older for the purpose of testing the feasibility of using such a list for the creation of jury pools and purging voter lists. The working group shall consist of representatives of appropriate executive and judicial agencies and others, as determined by the secretary. The secretary shall consult with and work collaboratively with the working group in carrying out this section. All state agencies possessing an electronic database which contains information relative to these persons including, but not limited to, the state secretary, the registry of motor vehicles, the department of revenue, the board of higher education, the department of transitional assistance, the office of medicaid, the department of public health and the division of unemployment assistance, shall provide in electronic form a copy of the database in a format acceptable to the secretary. In addition, a city or town that conducts an annual census shall provide the data to the secretary and all public and private colleges and universities shall provide the data from enrollment records. To the extent possible, the data shall include the name, residential address, mailing address, race, gender, social security number and date of birth of each person. In those cases where a federal or state waiver or authorization is necessary to provide this information, each agency or entity shall take all necessary steps to obtain such authorization or waiver, and no state agency shall unreasonably withhold such authorization or waiver. No information shall be provided to the secretary beyond that required to create the administrative records list. Nothing shall be included in a printed administrative records list that would indicate from which source list the information on an individual resident was derived. The secretary may secure and use additional lists from nongovernmental institutions and sources in order to create the administrative records list. The secretary, on behalf of the working group, shall provide in electronic form a copy of the administrative records list, without social security numbers, to the jury commissioner for the purpose of testing the feasibility of using that list for the creation of jury pools. The secretary shall provide, in electronic form, a copy of the administrative records list to the state secretary only for the purposes of testing its use to maintain voter registration lists and for testing its use as a source for street lists for cities and towns and to the Massachusetts state data center at the University of Massachusetts Donahue Institute for the purposes of testing the administrative records list and supporting efforts to improve United States Census Bureau population estimates for the commonwealth only. The secretary, the state secretary, the jury commissioner, the department of revenue, the Massachusetts state data center and all others who have access to data under this section shall treat all such data confidentially and such data and any record created, received or maintained from such data under this section shall not be a public record and shall not be disclosed except as provided in this section. Testing of the administrative records list shall not replace or alter any requirements of current law for creating jury pools, maintaining voting lists or establishing street lists, until further act of the general court. The jury commissioner and the state secretary shall submit an annual report to the clerks of the house and the senate, the chairs of the committee on election laws and the chairs of the committee on state administration and regulatory oversight until such time as the testing is complete. For the purposes of establishing an administrative records list, the commissioner of revenue shall disclose to the secretary the names, social security numbers and addresses of residents filing personal income tax returns, but such information shall not be disclosed if the IV-D agency has been provided with reasonable evidence of a risk of harm pursuant to section 5A of chapter 119A of the General Laws. For the purposes of this section, the information contained in the wage reporting match system may be disclosed to the secretary for the purpose of establishing an administrative records list. Only information required to create the administrative records list shall be provided to the secretary including, but not limited to, the name and social security number of each individual listed.

 

Required Reports to Administration and Finance

SECTION 81.   Notwithstanding any general or special law to the contrary, any agency, board, bureau, department, division, section, or commission of the commonwealth required to submit a report to the house and senate committees on ways and means pursuant to this act shall submit a copy of said report to the executive office of administration and finance.

 

GPS Technical Change II

SECTION 92.   Section 30 shall take effect as of December 20, 2006.