reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211d - Committee for Public Counsel Services › Section 6b - Payment of Counsel

Section 6B. Not more than 1 counsel assigned or appointed under section 5, 6 or 6A shall be paid for representation of a party in civil proceedings pending in any trial court under paragraph C of section 23, section 24 or 29B or sections 39E to 39I, inclusive, of chapter 119 or section 3 of chapter 210. The chief counsel of the committee for public counsel services may permit an exception to this provision in extraordinary circumstances, such as the pendency of separate actions in distant counties on behalf of a client.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211d - Committee for Public Counsel Services › Section 8 - Assignment of Case of Indigent Accused of Murder

Section 8. Upon a determination by a court that a person accused of murder in the first or second degree is indigent, the chief counsel or his designee may assign the case to either the public defender division or the private counsel division, subject to the approval of the justice making the determination of indigency.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211d - Committee for Public Counsel Services › Section 9 - Division Standards

Section 9. The committee shall establish standards for the public defender division and the private counsel division which shall include but not be limited to:
(a) vertical or continuous representation at the pre-trial and trial stages by the attorney either assigned or appointed, whenever possible;
(b) required participation by each attorney in an approved course of training in the fundamentals of criminal trial practice, unless the attorney has a level of ability which makes such participation unnecessary;
(c) specified caseload limitation levels;
(d) investigative services;
(e) a method for the provision of social services or social service referrals;
(f) availability of expert witnesses to participating counsel;
(g) clerical assistance, interview facilities, and the availability of a law library and model forms to participating counsel; and
(h) adequate supervision provided by experienced attorneys who shall be available to less experienced attorneys.
(i) qualifications for vendors for the services provided in clauses (d), (e) and (f) and a range of rates payable for said services, taking into consideration the rates, qualifications and history of performance; provided, however, that such ranges may be exceeded with approval of the court. Payment of such costs and fees shall be in accordance with the provisions of section twenty-seven A to G, inclusive, of chapter two hundred and sixty-one.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211d - Committee for Public Counsel Services › Section 10 - Committee Monitoring of Standards Compliance; Review of Client Complaints

Section 10. The committee shall monitor and evaluate compliance with the standards and the performance of counsel in its divisions in order to insure competent representation of defendants in all courts of the commonwealth and shall establish a procedure for the review and disposition of client complaints. The committee shall also establish procedures whereby comments on the standard of performance of counsel in its divisions may be submitted by the justice hearing a particular matter.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211d - Committee for Public Counsel Services › Section 11 - Compensation Rates; Limitation on Annual Billable Hours Payable; Limitation on New Appointments

Section 11. (a) The rates of compensation payable to all counsel, who are appointed or assigned to represent indigents within the private counsel division of the committee in accordance with the provisions of paragraph (b) of section 6, shall, subject to appropriation, be as follows: for homicide cases the rate of compensation shall be $120 per hour; for superior court non-homicide cases, including sexually dangerous person cases, the rate of compensation shall be $85 per hour; for district court cases and children in need of services cases the rate of compensation shall be $65 per hour; for children and family law cases and care and protection cases the rate of compensation shall be $85 per hour; for sex offender registry cases and mental health cases the rate of compensation shall be $65 per hour. These rates of compensation shall be reviewed periodically at public hearings held by the committee at appropriate locations throughout the state, and notice shall be given to all state, county and local bar associations and other interested groups, of such hearings by letter and publication in advance of such hearings. This periodic review shall take place not less than once every 3 years.
(b) The committee shall set an annual cap on billable hours not in excess of 1,650 hours. Counsel appointed or assigned to represent indigents within the private counsel division shall not be paid for any time billed in excess of the annual limit of billable hours. It shall be the responsibility of private counsel to manage their billable hours.
(c) Notwithstanding the billable hour limitation in subsection (b), the chief counsel of the committee may waive the annual cap on billable hours for private counsel appointed or assigned to indigent cases if the chief counsel finds that: (i) there is limited availability of qualified counsel in that practice area; (ii) there is limited availability of qualified counsel in a geographic area; or (iii) increasing the limit would improve efficiency and quality of service; provided, however, that counsel appointed or assigned to such cases within the private counsel division shall not be paid for any time billed in excess of 2,000 billable hours. It shall be the responsibility of private counsel to manage their billable hours.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211d - Committee for Public Counsel Services › Section 12 - Private Counsel Compensation; Audit and Oversight Department; Submission of Invoices for Payment

Section 12. (a) The committee shall establish policies and procedures to provide fair compensation to private counsel and vendors, which shall include a remedy for an attorney aggrieved by the amount of payment. The committee shall also establish an audit and oversight department to monitor billing and private attorney and vendor compensation. All private attorney bills shall be processed for payment within 30 days of receipt by the chief counsel, excluding any bills held for review or audit. Bills shall be submitted to the committee within 30 days from the conclusion of a case or within 30 days after the end of such fiscal year during which the legal services were provided if the case is pending at the end of the fiscal year, whichever date is earlier. Bills submitted after such dates need not be processed for payment within 30 days. The amount of payment for a bill received by the chief counsel more than 30 days but less than 60 days from conclusion of a case, or more than 30 days but less than 60 days after the end of such fiscal year during which the legal services were provided, whichever date is earlier, shall be reduced by 10 per cent. Any bill submitted after 60 days shall not be processed for payment; provided, however, that the chief counsel may authorize the payment of such bill, either in whole or in part, upon a determination that the delay was due to extraordinary circumstances beyond the control of the attorney.
(b) Bills shall be submitted to the committee for services provided under sections 27A to 27G, inclusive, of chapter 261 within 30 days of the last date of service or within 30 days after the end of such fiscal year during which the services were provided if the case is pending at the end of the fiscal year, whichever date is earlier. The amount of payment for a bill received by the chief counsel more than 30 days but less than 60 days from the last date of service, or more than 30 days but less than 60 after the end of such fiscal year during which services were provided, whichever date is earlier, shall be reduced by 10 per cent. Any bill submitted after 60 days shall not be processed for payment; provided, however, that the chief counsel may authorize the payment of such bill either in whole or in part upon a determination that the delay was due to extraordinary circumstances beyond the control of the vendor.
(c) The committee may further prescribe such policies and procedures for payment as it deems appropriate; provided, however, that the committee may impose interest and penalties, where appropriate, upon overpayment of the private attorney bills recovered from private attorneys and upon overpayment of vendor bills recovered from vendors.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211d - Committee for Public Counsel Services › Section 13 - Chief Counsel; Deputies; Staff; Compensation

Section 13. The committee shall appoint a chief counsel, whose responsibilities and duties shall be defined by the committee and shall include, but not be limited to, the overall supervision of the workings of the various divisions of the committee. The committee shall further appoint two deputy chief counsel, with duties defined by the committee, one of whom shall supervise the public defender division, and the other shall supervise the private counsel division. The committee shall also prescribe the procedures for the appointment of all legal and nonlegal staff of the public defender division and for the procurement of office space as may be required. The chief counsel shall authorize the certification of all payments under section twenty-seven G of chapter two hundred and sixty-one and section twenty of chapter twenty-nine. All legal and nonlegal staff of the public counsel division shall be full time and shall devote their entire time during ordinary business hours to their duties and shall neither directly or indirectly engage in the private practice of law. The chief counsel and deputy chief counsels shall likewise devote full time to their duties. The chief counsel, deputy chief counsels and all legal and non-legal staff of the committee, including staff attorneys hired under subparagraphs (a) and (b) of section 6 but not including persons described in the fourth sentence of said subparagraph (b) of said section 6, shall be considered public employees for purposes of chapter 258. The chief counsel shall be paid a salary comparable to the salary paid to a district attorney. The salaries of the deputy chief counsels shall be established by the committee. All other legal staff of the public defender division shall be paid at salaries comparable to the salary paid to an attorney employed in a district attorney's office.
The counsel and other employees appointed by the committee shall not be subject to the provisions of chapter thirty-one.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211d - Committee for Public Counsel Services › Section 15 - Community Advisory Board; Roxbury Community; Consultation

Section 15. The committee shall consult regularly with a community advisory board appointed by the committee to represent the greater Roxbury community. Members of the community advisory board shall not receive compensation or reimbursement for expenses.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211d - Committee for Public Counsel Services › Section 16 - Appointment of Counsel; Sex Offender Registry Classification System

Section 16. The committee shall establish, supervise and maintain a system for the appointment of counsel for the provision of legal services for indigents subject to the sex offender registry classification system and resulting appeals pursuant to sections 178C to 178P, inclusive, of chapter 6.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211d - Committee for Public Counsel Services › Section 17 - Children and Family Legal Representation Trust Fund; Administration; Purpose; Annual Report

[ Text of section added by 2023, 28, Sec. 61 effective July 1, 2023. See 2023, 28, Sec. 115.]
Section 17. (a) There shall be established and set up on the books of the commonwealth a separate fund known as the Children and Family Legal Representation Trust Fund, which shall be administered by the chief counsel of the committee for public counsel services. The fund shall be credited with: (i) revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (ii) reimbursement funds from federal sources for the legal representation of children and families by the committee for public counsel services, including, but not limited to, reimbursements pursuant to Title IV-E of the federal Social Security Act; and (iii) interest earned on such revenues and reimbursements in the fund. Amounts credited to the fund that are unexpended at the end of a fiscal year shall not revert to the General Fund.
(b) Money in the fund may be expended by the chief counsel, without further appropriation, for the purposes of: (i) providing pre-petition representation and diversion advocacy; (ii) increasing the availability and quality of representation statewide, especially in underrepresented communities; (iii) ensuring availability of education advocacy throughout the commonwealth; (iv) improving the quality of advocacy through increased training capacity and performance evaluations; (v) increasing multidisciplinary representation and the use of experts, parent partner programs and specialized advocacy and support units; and (vi) improving and modernizing agency data collection, data reporting and billing systems. The chief counsel may designate an administrator of the fund to implement approved activities consistent with this section.
(c) Annually, not later than November 1, the chief counsel shall file a report on the fund's activities with the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the joint committee on the judiciary. The report shall include, but not be limited to: (i) the source and amount of funds received; (ii) the amounts distributed and the purpose of expenditures from the fund, including any grants provided to early education and care programs, philanthropic organizations or other stakeholder organizations; and (iii) anticipated revenue and expenditure projections for the next calendar year.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211e - Massachusetts Sentencing Commission › Section 2 - Purpose of Sentencing Commission

Section 2. The purposes of the Massachusetts sentencing commission shall be to recommend sentencing policies and practices for the commonwealth which:
(1) punish the offender justly;
(2) secure the public safety of the commonwealth by providing a swift and sure response to the commission of crime;
(3) meet the purposes of sentencing, which are:
(A) to reflect the seriousness of the offense;
(B) to promote respect for the law;
(C) to provide just punishment for the offense;
(D) to afford adequate deterrence to criminal conduct;
(E) to protect the public from further crimes of the defendant; and
(F) to provide the defendant with educational or vocational training;
(4) provide certainty and fairness in sentencing, avoiding unwarranted sentencing disparities among defendants with similar criminal records who have been found guilty of similar criminal conduct, while maintaining judicial discretion and sufficient flexibility to permit individualized sentences warranted by mitigating or aggravating factors;
(5) promote truth in sentencing, in order that all parties involved in the criminal justice process, including the prosecution, the defendant, the court, the victim and the public, are aware of the nature and length of the sentence and its basis;
(6) ration correctional capacity and other criminal justice resources to sentences imposed, making said rationing explicit, rational and coherent, in order to:
(A) afford sufficient correctional capacity to incarcerate violent offenders consistent with paragraph one;
(B) evaluate, on a yearly basis, the performance of said rationing, making appropriate remedial recommendations consistent with subparagraph (8) of paragraph (c) of section one;
(C) prevent the prison population in the commonwealth from exceeding the capacity of the prisons, and to prevent premature release for any other reason, and to serve the ends of truth in sentencing by taking into account, in establishing sentencing policies and practices for the commonwealth, the nature and capacity of correctional facilities and community sanctions available in the commonwealth consistent with protecting public safety;
(7) encourage the development and implementation of intermediate sanctions in appropriate cases as a sentencing option, consistent with protecting public safety;
(8) enhance the value of criminal sanctions and ensure that the criminal penalties imposed are the most appropriate ones by encouraging the development of a wider array of criminal sanctions;
(9) make offenders accountable to the community for their criminal behavior, through community service, restitution, and a range of intermediate sanctions;
(10) evaluate the impact, if any, on correctional facility capacity of the discontinuation of sentence reductions for good conduct;
(11) nothing contained in this section shall be construed as creating any right of action.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211e - Massachusetts Sentencing Commission › Section 4 - Review of Sentence

Section 4. (a) A defendant may file a notice of appeal for review of an otherwise final sentence if:
(1) the sentence was imposed in violation of law; or
(2) the sentence was imposed as a result of an incorrect application of the sentencing guidelines; or
(3) the departure upward from the applicable guideline range was an abuse of discretion; or
(4) the sentence was imposed for an offense for which there is no sentencing guideline and is plainly unreasonable.
(b) The commonwealth, with the personal approval of the attorney general or a district attorney, may appeal an otherwise final sentence if:
(1) the sentence was imposed in violation of law;
(2) the sentence was imposed as a result of an incorrect application of the sentencing guidelines;
(3) the departure downward from the applicable guideline range was an abuse of discretion; or
(4) the sentence was imposed for an offense for which there is no sentencing guideline and is plainly unreasonable.
(c) In the case of a plea agreement entered into pursuant to Rule twelve of the Massachusetts rules of criminal procedure:
(1) a defendant may not appeal a sentence unless the sentence imposed is greater than the sentence prescribed by the sentencing guidelines; and
(2) the commonwealth may not appeal a sentence unless the sentence imposed is less than the sentence prescribed by the sentencing guidelines.
(3) a sentence imposed by the court in accordance with the recommendation of either the defendant or the commonwealth may not be appealed by the party which made the recommendation; and a sentence imposed in accordance with a jointly-agreed recommendation may not be appealed by either the defendant or the commonwealth.
(d) Appeals from sentences imposed under the sentencing guidelines shall be conducted in accordance with the Massachusetts rules of appellate procedure.
(e) If imprisonment is imposed, the entry of an appeal under the provisions of this section shall not stay the execution of the sentence unless the judge imposing it, upon a showing of a reasonable likelihood of success, finds that execution of the sentence should be stayed pending final determination of the appeal.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211f - Office of Community Corrections › Section 1 - Definitions

Section 1. The following terms as used in this chapter shall have the following meanings:
''Chief justice'', the chief justice of the trial court.
''Commission'', the Massachusetts sentencing commission.
''Commissioner'', the commissioner of probation.
''Community corrections program'', any program that is operated by a state, local or private service agency, that has been deemed an appropriate intermediate sanctions program by the office of community corrections.
''Intermediate sanctions program'', any program that has been determined to impose an appropriate sanction upon an offender for whom imprisonment may not be necessary or appropriate, including but not limited to standard probation, intensive supervision probation, community service, home confinement, weekend jail sentences, day reporting, residential programming, substance abuse treatment, restitution, means-based fines, continuing education, including but not limited to the ''Changing Lives Through Literature'' program administered by the trial court and the University of Massachusetts at Dartmouth, vocational training, special education, and psychological counseling.
''Community corrections plan'', a written proposal submitted to the executive director of the office of community corrections for approval and funding as a community corrections program.
''Court administrator'', the court administrator of the trial court.
''Executive director'', the executive director of the office of community corrections.
''Pretrial services plan'', a written proposal submitted to the executive director for approval and funding as a pretrial services program.
''Pretrial services program'', any program that is operated by a state, local or private service agency that the office of community corrections has deemed appropriate for a person awaiting trial; provided, however, that pretrial service programs shall be a separate track of programming from community correction programs offered under section 3 of this chapter; provided further, that sanctions under said section 3 shall not be applicable to the pretrial service program track.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211f - Office of Community Corrections › Section 2 - Office of Community Corrections; Executive Director

Section 2. (a) There is hereby established subject to appropriation within the office of the commissioner of probation an office of community corrections, whose purpose is to establish a continuum of pretrial services programs and community corrections programs and services statewide. The goal of this chapter is to ensure and promote public safety by developing pretrial services programs and community corrections programs for appropriate offenders.
(b) The executive director of the office of community corrections shall be appointed by the commissioner of probation to establish, oversee and operate a statewide program of community corrections and pretrial services.
(c) The executive director shall operate subject to the direction and approval of the commissioner. Said executive director shall work in consultation with the commission, administrative office of the trial court, the department of corrections, the parole board and the county sheriffs to ensure consistency between sentencing guidelines and community corrections. The office shall, to the extent practicable, utilize existing resources of the administrative office of the Massachusetts courts for the purpose of avoiding unnecessary duplication.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211f - Office of Community Corrections › Section 3 - Sentence to Community Corrections Program; Duration; Conditions; Eligibility

Section 3. (a) Any court exercising jurisdiction is authorized to sentence any eligible offender to a community corrections program; provided, however, that the court designate the duration of the sentence of imprisonment that otherwise would have been imposed.
(b) The court may dictate the duration and conditions of the sentence in a community corrections program for any period of time consistent with existing law.
(c) A sentence to a community corrections program shall be imposed as a condition of probation consistent with chapters two hundred and seventy-six and two hundred and seventy-six A. The court may modify the sentence of an offender serving a sentence in a community corrections program in the same manner as if the offender had been placed on probation.
(d) The commissioner shall develop interim standards for the eligibility of offenders for community corrections, taking into consideration the following factors:
(1) the nature and circumstances of the offense;
(2) the offender's mental state at the time of the offense;
(3) the relationship, if any, between the offender and victim;
(4) the nature and degree of the harm caused by the offense;
(5) the community view of the gravity of the offense;
(6) the public concern generated by the offense;
(7) the age of the offender;
(8) the deterrent effect a particular sentence may have on the commission of the offense by others;
(9) the current incidence of the offense in the community and in the commonwealth as a whole;
(10) the role of the offender in cases involving multiple offenders;
(11) the mental and emotional condition of the offender;
(12) the offender's physical condition;
(13) the offender's family ties and responsibilities;
(14) the offender's community ties;
(15) the offender's degree of dependence upon criminal activity for a livelihood;
(16) the offender's character and personal history;
(17) the offender's amenability to correction, treatment, or supervision;
(18) the offender's past criminal history, including convictions, acquittals, guilty pleas, pleas of nolo contendere, dismissals and matters continued without a finding;
(19) the offender's arrest record;
(20) the offender's past history of violence.
No offender shall be eligible for sentencing to a community corrections program who is: (1) convicted of a crime that results in serious bodily harm or death to another person, excluding offenses in which negligence was the primary element, (2) convicted of rape, attempted rape, or sexual assault, or (3) convicted of a crime involving the use of a firearm.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211f - Office of Community Corrections › Section 3a - Participation in a Pretrial Services Program in Lieu of Bail or as Condition of Release

Section 3A. (a) Participation in a pretrial services program may be ordered by the court, in lieu of bail or as a condition of release consistent with sections 57, 58 and 58A of chapter 276. The court may dictate the duration and conditions of the pretrial services program. Any conditions should be imposed to ensure return of the defendant to court or, where permitted by law, to assure the safety of any person or the community.
(b) The probation department may utilize pretrial services programs for pretrial supervision consistent with sections 87 and 87A of chapter 276, upon agreement by the person before the court who is charged with an offense or crime.
(c) If the sheriff who has custody of a person held on bail under section 57 or 58 of chapter 276 determines that the person would benefit from entering a pretrial services program, the sheriff shall provide a written recommendation of such determination to the court, the commissioner of probation, the prosecuting office and the person or the person's attorney, where applicable. The prosecuting office may notify any victim of the sheriff's recommendation upon receipt of such recommendation. If the commissioner of probation or the prosecuting office objects to such recommendation, the commissioner or prosecuting office shall file written objection with the court within 14 days of receipt of such notice. Upon receipt of such objection, the court may set the matter for hearing. After expiration of the time for filing objections and after hearing, if applicable, the court shall either decline to modify its earlier bail order or make an order under subsection (a) of this section authorizing the person's participation in a pretrial services program. In no event shall the person held on bail be ordered under this paragraph to enter a pretrial services program without that person's consent.
(d) Placement of a person in a pretrial services program shall require victim notification as required under subsection (t) of section 3 of chapter 258B.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211f - Office of Community Corrections › Section 3b - Utilization of Programs Offered Through Community Corrections Program for Persons Not Sentenced to Community Corrections Program Under Sec. 3

Section 3B. (a) For any person sentenced to probation supervision who has not been sentenced to a community corrections program under section 3, the probation department may utilize programs offered through a community corrections program: (i) for participation in court-ordered programming where such programming is available through the community corrections program; or (ii) upon agreement by the person so sentenced.
(b) The use of programs under subsection (a) of section 3B of this chapter shall not operate as an intermediate sanctions program as defined in section 1.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211f - Office of Community Corrections › Section 4 - Community Correction Plans

Section 4. (a) The executive director is hereby authorized and directed to develop and implement standards for a contracting process for community corrections plans and pretrial services plans, as follows:
(1) A community corrections plan shall include:
(A) a description of its goals and anticipated reductions in incarcerations, including the types and number of targeted offenders to participate in the program;
(B) a description of the administrative, capital and operating costs of the programs and supplemental funding sources, including the imposition of user fees to defray program costs;
(C) a description of methods for supervision of offenders and measures for the maintenance of public safety;
(D) a description of measures to collect restitution payments to victims.
(2) Subject to appropriation, the executive director, shall select plans for funding. All contracts shall provide that the executive director may suspend funding or may assume administrative responsibility for any community corrections program not in compliance with program standards, or if the public safety is threatened.
(3) The executive director shall monitor programs for compliance with the goals of chapter two hundred and eleven E of the General Laws, and shall provide technical assistance, training and education to providers in developing and operating community corrections programs.
(4) Continued funding shall be subject to appropriation, and eligibility for continued funding shall be contingent on provider compliance with the goals, standards and procedures established by the commission, and on an evaluation by the executive director of the effectiveness of the program. Each provider shall submit a biannual report no later than March fifteenth and August fifteenth of each year to the county community corrections advisory board, to the executive director and to the commission.
(b) Subject to an agreement between the commissioner and the secretary of public safety and subject to appropriation, the resources of community corrections programs shall be utilized by the parole board for the purpose of parole supervision.
(c) The office of community corrections shall develop and implement a public education program about community corrections, provide technical assistance, training and education to the judiciary and criminal justice system agencies and personnel, coordinate training for providers, and serve as a clearinghouse for information regarding community corrections programs.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211f - Office of Community Corrections › Section 5 - Biannual Report

Section 5. The commissioner shall submit an annual report no later than January 15 of each year, commencing January 15, 1998, to the governor, the commission, the joint committees on criminal justice, the judiciary and public safety, and the clerks of the house of representatives and the senate. The report shall include but shall not be limited to the following information:
(1) the effectiveness of the office of community corrections in promoting the goals of the commission;
(2) the effectiveness of the office of community corrections in diverting offenders by reducing prison commitments, reducing pretrial detention and increasing the court appearance rate;
(3) the evaluations and recommendations submitted by the county community corrections advisory boards and by providers of community corrections programs;
(4) fiscal audits on the expenditure of state funds;
(5) allegations of provider noncompliance and the results of any investigations into such allegations.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 211f - Office of Community Corrections › Section 6 - County Community Corrections Advisory Boards

Section 6. (a) There is hereby established within each county a county community corrections advisory board consisting of at least eight but not more than twelve members including the following:
(1) the first justice of the superior court, or his designee;
(2) a district court judge appointed by the chief justice of the trial court;
(3) a probation officer appointed by the commissioner;
(4) a representative of the parole board appointed by the secretary of public safety;
(5) the district attorney, or his designee;
(6) a public defender appointed by the committee for public counsel services;
(7) a mental health professional or substance abuse counselor appointed by the chief justice of the trial court;
(8) the sheriff, or his designee;
(9) not more than four other members appointed by the commissioner.
(b) The county community corrections advisory board shall assist in the review and monitoring of community corrections programs located in that county. Its responsibilities shall include holding public hearings on community corrections plans submitted to the executive director, reporting any allegations of provider noncompliance, and submitting written comments to the executive director and to the commission, which shall include evaluations of each provider located in that county, analysis of the results of community corrections programs located in that county, recommendations for change and any other information, statistics or data requested by the executive director or the commission, no later than May fifteenth and November fifteenth of each year.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 212 - The Superior Court › Section 1 - Number of Superior Court Justices; Chief Justice; Definitions

Section 1. The superior court department of the trial court of the commonwealth, established pursuant to section 1 of chapter 211B, shall consist of 82 justices appointed to the department. The justice as provided under section 1 of chapter 211B as the chief justice for the superior court department, in addition to his judicial powers and duties, shall, subject to the superintendence authority of the supreme judicial court as provided in section 3 of chapter 211, have the power, authority and responsibility of a chief justice as set forth in section 10 of chapter 211B.
Wherever the words ''superior court'', or wherever in this chapter the word ''court'' is used in that context, they shall refer to the superior court department of the trial court, and the words ''justice of the superior court'', or the word ''justice'', in context, shall mean an associate justice of the trial court appointed to the superior court department.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 212 - The Superior Court › Section 1a - Deputy Court Administrator

Section 1A. The deputy court administrator as provided under section 1 of chapter 211B shall, subject to the superintendence authority of the supreme judicial court as provided in section 3 of chapter 211, have the power, authority and responsibility of a deputy court administrator as set forth in section 10 of chapter 211B.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 212 - The Superior Court › Section 2 - Court; Manner of Holding

Section 2. The court shall be held by one of the justices, and when so held shall have and exercise all the power and jurisdiction committed to said court. The chief justice shall make such assignments for the attendance of a justice at the several times and places appointed for holding the court as will be most convenient and as will insure the prompt performance of its duties.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 212 - The Superior Court › Section 3 - Exclusive Original Jurisdiction

[See Standing Order of the Supreme Court, dated July 17, 2019, effective January 1, 2020, and applicable to civil actions for money damages commenced on or after that date (MA R S CT SDG ORDERS Amount-in-Controversy) which increased the amount-in-controversy from $25,000 to $50,000.]
Section 3. The court shall have exclusive original jurisdiction of civil actions for the foreclosure of mortgages, and of real and mixed actions, except those of which the land court or district courts have jurisdiction, of complaints for flowing lands, and of claims against the commonwealth. Except as otherwise provided by law, the court shall have original jurisdiction of civil actions for money damages. The actions may proceed in the court only if there is no reasonable likelihood that recovery by the plaintiff will be less than or equal to $25,000, or an amount ordered from time to time by the supreme judicial court. Where multiple damages are allowed by law, the amount of single damages claimed shall control.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 212 - The Superior Court › Section 6 - Criminal Jurisdiction

Section 6. The court shall have original jurisdiction of all crimes. Crimes committed in that part of Scituate described in chapter three hundred and ninety-four of the acts of nineteen hundred and twelve shall be within the territorial jurisdiction of the court both in Norfolk county and in Plymouth county, and arrests and service of process in such cases may be made by an officer qualified to serve criminal process in Cohasset. Crimes committed in any part of Cambridge, Watertown or Newton lying in the Charles river basin shall be within the territorial jurisdiction of the court both in Middlesex county and in Suffolk county.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 212 - The Superior Court › Section 7 - Indictments; Transmittal

Section 7. The clerk of the courts for the county in which an indictment for a capital crime has been entered, or, in the county of Suffolk, the clerk of the superior court for criminal business, shall forthwith send notice thereof, with a copy of the indictment, to the chief or first justice of the court and to the attorney general. 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. Any justice of said court may thereupon appoint a time for the arraignment of the prisoner, which shall take place either at a regular sitting or on a day specially assigned therefor.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 212 - The Superior Court › Section 8 - Security in Civil or Criminal Cases to Stand on Appeal

Section 8. If an appeal or a bill of exceptions in a case, civil or criminal, has been duly entered in the appeals court or supreme judicial court, any security taken in the case, by bond, attachment or otherwise, shall stand as if no judgment had been entered or exception taken in the superior court until entry of judgment pursuant to the rescript of the appellate court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 212 - The Superior Court › Section 9 - Orders or Decrees of Supreme Judicial Court; Recording

Section 9. Orders or decrees of the supreme judicial court upon questions arising in a case pending in the superior court shall be entered of record in the superior court, and such case shall be disposed of as law and justice require, conformably to the rescript or order of the supreme judicial court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 212 - The Superior Court › Section 12 - Affirmation of Judgment on Non-Entry of Appeal

Section 12. If, upon an appeal in a civil action authorized by law, the appellant fails to enter and prosecute his appeal, the court may, upon complaint of the appellee, affirm the former judgment or render such other judgment as law and justice require.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 212 - The Superior Court › Section 13 - Late Entry of Appeal

Section 13. If, by mistake or accident, an appeal to the superior court is not duly entered therein, or if, for a like reason, a complaint founded on an omission to enter an appeal has not been entered by the appellee, the court, upon petition filed within one year after the appeal or complaint should have been entered, may upon terms allow the appeal or complaint to be entered; but attachments made and security given in the original action shall not thereby be revived or continued in force.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 212 - The Superior Court › Section 14 - Sittings of Court; Places

Section 14. A regular sitting or regular sittings of the court in the several counties shall be held in each year in each of the following places:—
For Barnstable, at Barnstable;
For Berkshire, at Pittsfield;
For Bristol, at Taunton, New Bedford and Fall River;
For Dukes county, at Edgartown;
For Essex, at Salem, Lawrence and Newburyport;
For Franklin, at Greenfield;
For Hampden, at Springfield;
For Hampshire, at Northampton;
For Middlesex, at Lowell and Cambridge;
For Nantucket, at Nantucket;
For Norfolk, at Dedham;
For Plymouth, at Plymouth and Brockton;
For Suffolk, at Boston;
For Worcester, at Worcester and Fitchburg.
Said court may adjourn any sitting or session from one place to another within the county, whether or not it be to a place mentioned in this section, in the manner and with the effect of adjournment to another shire town, and such adjournment shall be subject to all the laws relative to adjournment to another shire town. Said court may hold sittings for naturalization in any city or town.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 212 - The Superior Court › Section 19a - Special Master

Section 19A. The justices of the superior court may appoint for a term of five years, and may at any time for cause remove, a special master, who shall receive from the commonwealth a salary of five thousand dollars. He shall perform such administrative duties pertaining to the court and shall hear and dispose of such interlocutory matters relating to the assignment, postponement, continuance and order of trial of cases, at such times and places as the chief justice of said court may determine. Every order or decision of said master shall be subject to appeal to the court and the appellant shall be granted an immediate hearing.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 212 - The Superior Court › Section 20 - Civil and Criminal Business; Separation; Jurors

Section 20. Except as provided in section twenty-nine, in counties in which separate sittings of the court are established for civil and criminal business, criminal cases only shall be tried by jury at the criminal sittings, and civil cases only at the civil sittings; but jurors summoned for either civil or criminal business may by order of the court be used interchangeably for either civil or criminal business as occasion may require.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title I - Courts and Judicial Officers › Chapter 212 - The Superior Court › Section 20a - Central Pools of Jurors

Section 20A. The superior court may in counties where more than one session is held simultaneously for civil or criminal business or for civil and criminal business require that jurors be held in a central pool and assigned to the several sessions in such manner as the court shall order. It may in its discretion order that writs of venire facias for jurors issue for the total number of jurors required for all sessions at any sitting without specifying therein that they are required for civil or criminal business. Jurors so drawn shall be subject to be used interchangeably for civil or criminal business.
The chief justice of the superior court department, in consultation with the court administrator, may designate not more than three officers appointed under section seventy of chapter two hundred and twenty-one to attend the central pool of jurors in the county for which they are appointed. The officers so designated shall perform their duties under the direction of the court, and receive such compensation as the court administrator shall establish, except that in Middlesex county the juror pool officers shall receive a salary of not less than twenty-eight thousand one hundred and seventy dollars per annum.