reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258b - Rights of Victims and Witnesses of Crime › Section 5 - Programs Created and Maintained by District Attorneys; Services

Section 5. Each district attorney shall create and maintain, to the extent reasonably possible and subject to the available resources, a program to afford victims and witnesses of crimes the rights and services described in this chapter. Those services shall include but not be limited to the following:
(a) court appearance notification services, including cancellations of appearances;
(b) informational services relative to the availability and collection of witness fees, victim compensation and restitution;
(c) escort and other transportation services related to the investigation or prosecution of the case, if necessary;
(d) case process notification services;
(e) employer intercession services;
(f) expedited return of property services;
(g) protection services;
(h) family support services including child and other dependent care services;
(i) waiting facilities; and
(j) social service referrals.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258b - Rights of Victims and Witnesses of Crime › Section 6 - Program Plan

Section 6. Each district attorney shall submit annually on January fifteenth to the board, the secretary of administration and finance and the house and senate committees on ways and means, a program plan to be implemented within the district attorney's jurisdiction. The program plan shall include, but not be limited to: a description of the services to be provided to victims and witnesses in each judicial district within the district attorney's jurisdiction; the personnel or agencies responsible for providing individual services and related administrative programs; proposed staffing for the program; proposed education, training and experience requirements for program staff and, where appropriate, the staff of agencies providing individual services and related administrative services; and a proposed budget for implementing the program. The district attorney shall include in the annual program plan a detailed report on the operation of the program, as well as a detailed report of deposits and expenditures of all funds made available to said district attorney for the preceding fiscal year and the current fiscal year, and proposed for the upcoming fiscal year, pursuant to section nine.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258b - Rights of Victims and Witnesses of Crime › Section 7 - Interagency Cooperation

Section 7. The district attorney, local law enforcement agencies, local social service agencies, and court shall cooperate to afford victims and witnesses of crimes, the rights and services described in this chapter.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258b - Rights of Victims and Witnesses of Crime › Section 9 - Deposit of Assessments

Section 9. Any assessment imposed pursuant to section eight shall be deposited in the Victim and Witness Assistance Fund, established by section forty-nine of chapter ten. In addition, the board may also apply for and accept on behalf of the commonwealth any private grants, bequests, gifts or contributions to further aid in financing programs or policies of the division. Such funds shall be received by the state treasurer on behalf of the commonwealth and deposited into said fund; provided, that said board shall submit to the house and senate committees on ways and means, as necessary, a report detailing all such amounts as deposited into said fund. All monies deposited into said fund that are unexpended at the end of the year shall not revert to the General Fund. The proceeds of the fund shall be made available, subject to appropriation, to the district attorney victim and witness programs, to the attorney general and the parole board for programs serving crime victims and witnesses.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258b - Rights of Victims and Witnesses of Crime › Section 10 - Construction

Section 10. Nothing in this chapter shall be construed as creating an entitlement or a cause of action on behalf of any person against any public employee, public agency, the commonwealth or any agency responsible for the enforcement of rights and provision of services set forth in this chapter.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258b - Rights of Victims and Witnesses of Crime › Section 11 - Duration of Rights and Duties

Section 11. The rights and duties established under this chapter shall continue to be enforceable until the final disposition of the charges, including acquittal or dismissal of charges, all post-conviction release proceedings, post-conviction relief proceedings, all appellate proceedings, and the discharge of all criminal proceedings relating to restitution. If a defendant's conviction or adjudication of delinquency is reversed and the case is returned to the trial court for further proceedings, the victim shall have the same rights that applied to the criminal or delinquency proceedings that led to the appeal or other post-conviction relief proceeding.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258b - Rights of Victims and Witnesses of Crime › Section 12 - Assurance of Rights; Assistance by Criminal Justice Agencies

Section 12. Law enforcement agencies, prosecutors, judges, probation officers, clerks and corrections officials shall assure that victims of crime are afforded the rights established in this chapter.
Unless specifically stated otherwise, the requirements to provide information to the victim may be satisfied by either written or oral communication with the victim. The person responsible for providing such information shall do so in a timely manner and shall advise the victim of any significant changes in such information.
The board shall assist the prosecutors in providing the rights set forth in this chapter by preparing for distribution to victims written materials explaining the rights and services to which they are entitled.
A victim or family member may request assistance from the board in obtaining the rights provided under this chapter by the court or by any criminal justice agency responsible for implementing such rights. In order to address the victim's concerns, the board may seek assistance from the district attorney governing the jurisdiction in which the crime against the victim is alleged to have been committed or from the attorney general.
A victim or family member may request assistance from the district attorney or the attorney general in obtaining the rights provided under this chapter by the court or by any criminal justice agency responsible for implementing such rights.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258b - Rights of Victims and Witnesses of Crime › Section 13 - Failure to Provide Rights, Privileges, or Notice to Victim; No Grounds for Appeal of or Objection to Conviction

Section 13. A defendant or person convicted of a criminal or delinquency offense against the victim shall have no standing to object to any failure to comply with this chapter, and the failure to provide a right, privilege or notice to a victim under this chapter shall not be grounds for the defendant or person convicted of a criminal or delinquency offense to seek to have the conviction or sentence set aside.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258c - Compensation of Victims of Violent Crimes › Section 2 - Eligibility for Compensation

Section 2. (a) No compensation shall be paid under this chapter unless the division finds that a crime was committed and that such crime directly resulted in personal physical or psychological injury to, or death of, the victim.
(b) No compensation shall be paid under this chapter unless the claimant demonstrates that the crime was reported to the police or other law enforcement authorities or to an agency or entity obligated by law to report complaints of criminal misconduct to law enforcement authorities. Except in the case where the division finds such report to have been delayed for good cause, such report shall have been made within five days after the occurrence of such crime; 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.
(c) A claimant shall be eligible for compensation only if such claimant cooperates with law enforcement authorities in the investigation and prosecution of the crime in which the victim was injured or killed unless the claimant demonstrates that he possesses or possessed a reasonable excuse for failing to cooperate.
(d) A claimant shall not be eligible for compensation if such compensation would unjustly benefit the offender; provided, however, that a claimant shall not, except pursuant to regulations enacted in accordance with section four to prevent unjust enrichment, be denied compensation because of such claimant's or victim's familial relationship with the offender or because of the sharing of a residence by the victim or claimant and the offender.
(e) An offender or an accomplice of an offender shall not be eligible to receive compensation with respect to a crime committed by an offender. To the extent that the victim's acts or conduct provoked or contributed to the injuries, the division may reduce or deny an award to the claimant or claimants in accordance with regulations enacted pursuant to section four. 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.
[There is no subsection (f).]
(g) The claimant may retain counsel under this chapter. Attorneys fees shall be deducted from, and not in addition to, the total award for compensation. No attorneys fees shall be paid unless the attorney submits an affidavit which sets forth the hours worked and the services rendered for representing the claimant in the claim for compensation. The division may include as part of its award, reasonable attorneys fees to be determined by the division in an amount not to exceed fifteen percent of the total award for compensation.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258c - Compensation of Victims of Violent Crimes › Section 4 - Division of Victim Compensation and Assistance; Program Director; Powers and Duties

Section 4. (a) The division of victim compensation and assistance shall administer the provisions of this chapter. Subject to appropriation, the attorney general shall designate a program director of said division. Said program director may appoint and remove, subject to the approval of the attorney general, such investigative, legal and clerical or other staff as the work of the division requires.
(b) The program director shall have the authority to promulgate rules and regulations pursuant to chapter thirty A as may be necessary to carry out the provisions of this chapter.
(c) The program director shall be authorized to apply for and receive sums which may be transmitted to the victim compensation fund maintained by the treasurer and for any other such funds as may become available to administer the requirements of this chapter.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258c - Compensation of Victims of Violent Crimes › Section 5 - Filing and Proof of Claims; Civil Investigative Demands

Section 5. (a)(1) A claim for compensation under this chapter shall be filed within three years of the date of the crime.
(2) The claimant has the burden of proving by a preponderance of the evidence that he is eligible to receive compensation.
(3) A claim under this chapter shall be made on a claim form prescribed by the division. The claim shall be accompanied by copies of bills and other documentation supporting the claim, and shall be signed under the pains and penalties of perjury. Any claim for loss of support or other expenses incurred as the result of the death of a victim must be accompanied by proof of dependency of the claimant upon the victim. All claims must contain a release of information necessary to investigate the claim.
Law enforcement agencies, district attorneys, the department of children and families and the department of transitional assistance, hospitals, physicians and other service providers shall cooperate with the department in the investigation of claims filed under this chapter.
(b) Upon receipt of a claim hereunder, the division shall acknowledge receipt of same, in writing, to the claimant or counsel of record. The division shall, thereafter, conduct an investigation of the claim to verify the information contained on the application.
The division shall be authorized to issue a written civil investigative demand, issue interrogatories, under oath, and requests for production of documents, and take oral testimony, under oath, in order to obtain information necessary to verify a claim. All information collected by the division shall be kept in accordance with the provisions of chapters four, sixty-six and sixty-six A.
A civil investigative demand may be served by certified mail, return receipt requested, and first class mail and shall be returned within twenty days from the date of service. Failure to comply with this provision may result in dismissal of the claim for compensation.
Whenever a person fails to comply with a civil investigative demand served upon him pursuant to this section, the attorney general may petition the district court of any county in which such person resides, is found, or transacts business, to enter such orders as may be necessary to carry into effect the provisions of this section. A failure to comply with an order entered under this section shall be punished as a contempt of court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258c - Compensation of Victims of Violent Crimes › Section 6 - Notification by Claimant of Change in Address

Section 6. The claimant shall have a continuing obligation to notify the division of a change in address. Failure to comply with this requirement may result in the dismissal of the claim for compensation or the termination of a proceeding set forth in this chapter.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258c - Compensation of Victims of Violent Crimes › Section 7 - Notice to Claimant; Payment of Compensation

Section 7. (a) Within fifteen days of completion of the investigation, the program director shall mail notice to the claimant or the attorney of record stating the amount of compensation to be paid or denied, and the reasons therefor, and the payees, if any. The program director may direct that warrant for payment by the department of the attorney general be made jointly to the claimant and to a provider. The notice shall contain information regarding the right of the claimant to petition for judicial review of the decision of the program director.
(b) Upon receipt of the notice of assent by a claimant, the division shall present the notice to the department of the attorney general for payment. Subject to the availability of funds appropriated for this purpose, said department of the attorney general shall cause payment to be made in accordance with the division's award without further authorization.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258c - Compensation of Victims of Violent Crimes › Section 8 - Request for Reconsideration of Award or Denial

Section 8. (a) Within 20 days of the date of mailing of the notice of award or denial, a claimant aggrieved by the program director's decision may request, in writing, a reconsideration of such decision. Said program director shall reconsider any order for which a request for reconsideration is received. Said program director may in his discretion reconsider a decision granting or denying an award or the amount of an award where there has been no request for reconsideration. After reconsideration of the award, said program director shall affirm the decision or issue an amended notice of award or denial.
(b) The program director shall notify the claimant by certified mail, return receipt required, and first class mail of the decision upon reconsideration within 30 days of the claimant's request for reconsideration. Such notice shall include information regarding the claimant's right to a petition for judicial review of the decision of the program director.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258c - Compensation of Victims of Violent Crimes › Section 9 - Judicial Review

Section 9. (a) Within thirty days of the date of mailing of the notice of award or denial by the program director, the claimant may petition for judicial review in the district court within the judicial district in which the claimant resides or, in the case of a nonresident claimant, in the Boston municipal court. Where the claimant requests reconsideration of the decision of the program director, the petition for judicial review shall be filed within 30 days from the date of mailing of the decision of reconsideration. If no petition is filed within the time specified, the decision of the program director shall be final.
(b) The program director shall, in response to the aforesaid, within thirty days, file in such court a copy of his official decision.
(c) The district court shall schedule the matter for hearing and shall notify the parties of the date and time thereof.
(d) The review shall be conducted by the district court without a jury.
(e) For the purpose of determining the amount of compensation payable pursuant to this chapter, the chief justice of the trial court shall formulate standards for the uniform application of this chapter. The court shall take into consideration the provisions of this chapter, the rates and amounts of compensation payable for injuries and death under other laws of the commonwealth and of the United States, excluding pain and suffering. All decisions of the court on claims heard under this chapter shall be in writing, setting forth the name of the claimant, the amount of compensation and the reasons for the decision. The clerk of the court shall immediately notify the claimant in writing of the decision and shall forward to the department of the attorney general a certified copy of the decision. the department of the attorney general without further authorization shall, subject to appropriation, pay the claimant the amount determined by the court.
In determining the amount of compensation payable, the court shall determine whether because of his conduct the victim contributed to the infliction of his injury; and the court shall reduce the amount of the compensation or deny the claim altogether, in accordance with such determination; provided, however, that the court may disregard the responsibility of the victim for his own injury where such responsibility was attributable to efforts by the victim to aid a victim, or to prevent a crime or an attempted crime from occurring in his presence or to apprehend a person who had committed a crime in his presence or had in fact committed a felony.
(f) Judicial review of the finding and decisions of the program director shall be a de novo hearing of the claim.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258c - Compensation of Victims of Violent Crimes › Section 10 - Amounts Received by Claimant From Other Sources; Offset

Section 10. No compensation shall be awarded or paid unless the out-of-pocket expenses or legal liability of the claimant for services rendered as the result of the crime exceeds any and all of the amounts received, applied for, or to be applied for as the result of the crime from any of the following or any combination of the following:
(a) insurance, including, but not limited to, homeowner's insurance, renter's insurance, automobile insurance, disability;
(b) workers' compensation, unemployment compensation, social security benefits, veteran's benefits, retirement benefits;
(c) medicaid, medicare, free care, any other forms of public assistance including aid to families with dependent children and assistance to the aged and disabled or any successor thereto;
(d) restitution in the criminal action;
(e) proceeds from a civil suit; or
(f) institutional gifts.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258c - Compensation of Victims of Violent Crimes › Section 11 - Subrogation

Section 11. Acceptance of any compensation under this chapter shall subrogate the commonwealth, to the extent of such compensation paid, to any right or right of action accruing to the claimant or to the victim to recover payments on account of losses resulting from the crime with respect to which the compensation has been paid, and the claimant has a continuing obligation to so notify the attorney general of such recovery. The attorney general may enforce the subrogation, and he shall bring suit to recover from any person to whom compensation is paid, to the extent of compensation actually paid under this chapter, any amount received by the claimant from any source exceeding the actual loss to the victim.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258c - Compensation of Victims of Violent Crimes › Section 12 - Misrepresentations or Concealment; Fines and Damages

Section 12. Any person who: (a) submits a false or fraudulent application or claim for an award; (b) intentionally makes or causes to be made any false statement or representation of a material fact in relation to any claim pending before the division; or (c) intentionally conceals or fails to disclose information affecting the amount of or the initial or continued right to any such award shall be punished by a fine of not more than one thousand dollars or by imprisonment in a house of correction for not more than six months, or both.
The commonwealth shall, in addition, have a civil cause of action for relief against any person who violates the provisions of this chapter for the amount of damages which the commonwealth sustains by reason of such violation which shall include costs of the action and attorneys fees and, in addition, for punitive damages of not more than triple the amount of damages which the commonwealth sustains, and interest. The attorney general may bring any such action necessary to enforce this section.
Any amount reimbursed or any fine or damages paid pursuant to this section shall be paid to the victim compensation fund maintained by the treasurer.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258c - Compensation of Victims of Violent Crimes › Section 13 - ''good Samaritans''; Liability

Section 13. No person who, in good faith, provides or obtains, or attempts to provide or obtain, assistance for a victim of a crime as defined in section one, shall be liable in a civil suit for damages as a result of any acts or omissions in providing or obtaining, or attempting to provide or obtain, such assistance unless such acts or omissions constitute willful, wanton or reckless conduct.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258c - Compensation of Victims of Violent Crimes › Section 14 - Debt Collection Activities by Health Care Provider Prohibited Until Award Made or Claim Denied

Section 14. When a person files a claim pursuant to this chapter, no health care provider, as defined in section 1 of chapter 111, that has been given notice of the claim shall conduct any debt collection activities relating to medical or dental treatment received by the person in connection with the claim until an award has been made on the claim or until the claim has been denied. The period during which the health care provider shall be prohibited from conducting debt collection activities pursuant to this section shall be excluded in determining the applicable limitations period for commencing an action to collect the debt. For the purposes of this section, ''debt collection activities'' shall mean repeatedly calling or writing the claimant or threatening to turn the matter over to a debt collector, as defined in section 24 of chapter 93, for collection, enforcement or filing of other process; provided, however, that ''debt collections activities'' shall not include the routine billing or inquiries about the status of a claim.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258d - Compensation for Certain Erroneous Felony Convictions › Section 2 - Compensation for Claimants

Section 2. A claimant shall not be entitled to compensation from the commonwealth for any incarceration or portion thereof, which was or will be credited toward a sentence for, or during which the claimant was also serving a concurrent sentence for the conviction of another crime. In those cases in which only a pardon from the governor is used to support a pending action against the commonwealth brought under this chapter, the subsequent exercise of the governor's authority to revoke such pardon pursuant to section 152 of chapter 127 shall immediately negate the validity of any such pending action and the superior court shall immediately issue a summary judgment in favor of the commonwealth on such grounds.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258d - Compensation for Certain Erroneous Felony Convictions › Section 3 - Commencement of Action; Manner of Proceedings

Section 3. A civil action brought against the commonwealth under this chapter shall be brought in the county where the claimant was convicted or in Suffolk county. The superior court shall have exclusive jurisdiction of all such actions. All civil actions brought pursuant to this chapter shall in all manner proceed by and be governed by the rules of civil procedure except as otherwise expressly provided in this chapter. 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.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258d - Compensation for Certain Erroneous Felony Convictions › Section 4 - Service of Process; Notification; Victim's Right to Testify; Evidence; Arbitration and Settlements.

Section 4. Service of process for a civil action brought pursuant to this chapter shall be made upon the attorney general for the commonwealth who shall defend the commonwealth against all such claims. The attorney general shall immediately notify the district attorney for the county that prosecuted the felony that forms the basis for the claim. Any district attorney so notified by the attorney general shall immediately notify any individual meeting the definition of ''victim'', as set forth in section 1 or chapter 258B, of the felony conviction that forms the basis of the claim. Any such victim shall be allowed, but may not be compelled, to testify or furnish other evidence. If such victim is unavailable to testify or decides not to testify, his prior recorded testimony, given under oath at a relevant proceeding, shall only be admissible after judicial review and determination that such testimony, or portion thereof, may be helpful to the factfinder. The attorney general shall consult with the appropriate district attorney relative to the merits of such action and, following consultation, shall have discretion to determine whether to proffer as evidence any documents, records, testimony or other information brought forward to the attorney general by such district attorney in defense of the commonwealth at a time deemed appropriate by the attorney general. The attorney general may arbitrate or settle any claim for damages filed under this chapter, but any award or settlement in excess of $80,000 shall be made only with the prior approval of the secretary of administration and finance. The acceptance by the claimant of any such award or settlement shall be in writing and shall, except when procured by fraud, be final and conclusive on the claimant, and shall constitute a complete release of any claim by the claimant against the commonwealth and a complete bar to any action by the claimant against the commonwealth by reason of the same subject matter.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258d - Compensation for Certain Erroneous Felony Convictions › Section 6 - Costs and Attorneys' Fees

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.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258d - Compensation for Certain Erroneous Felony Convictions › Section 8 - Limitation on Action

Section 8. A claim for compensation brought under this chapter shall be commenced within 3 years after either the grant of a pardon or the grant of judicial relief and satisfaction of other conditions described in subsection (B) of section 1. Any action by the commonwealth challenging or appealing the grant of such judicial relief shall toll the 3 year period. Every action brought pursuant to this chapter that is not commenced within the time required by this section is forever barred from consideration by the courts of the commonwealth.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258d - Compensation for Certain Erroneous Felony Convictions › Section 9 - Receipt of Chapter

Section 9. (A) A court granting judicial relief consistent with the criteria set forth in subclause (a) of clause (ii) of subsection (B) of section 1 shall provide a copy of this chapter to an individual seeking such relief at the time the criteria of said subclause (a) of said clause (ii) of said subsection (B) of said section 1 are satisfied. Such individual shall be required to acknowledge receipt of a copy of this chapter in writing on a form established by the chief justice of the trial court. This acknowledgement shall be entered on the docket by the court and shall be admissible in any proceeding filed by a claimant under this chapter.
(B) The parole board, upon the issuance of a full pardon under section 152 of chapter 127, shall provide a copy of this chapter to an individual granted clemency at the time warrants necessary to grant the pardon are issued. Such individual shall be required to acknowledge receipt of a copy of this chapter in writing on a form established by the parole board, which shall be retained on file by the parole board as part of its official records and shall be admissible in any proceeding filed by a claimant under this chapter.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258e - Harassment Prevention Orders › Section 1 - Definitions

Section 1. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:-
''Abuse'', attempting to cause or causing physical harm to another or placing another in fear of imminent serious physical harm.
''Harassment'', (i) 3 or more acts of willful and malicious conduct aimed at a specific person committed with the intent to cause fear, intimidation, abuse or damage to property and that does in fact cause fear, intimidation, abuse or damage to property; or (ii) an act that: (A) by force, threat or duress causes another to involuntarily engage in sexual relations; or (B) constitutes a violation of section 13B, 13F, 13H, 22, 22A, 23, 24, 24B, 26C, 43 or 43A of chapter 265 or section 3 of chapter 272.
''Court'', the district or Boston municipal court, the superior court or the juvenile court departments of the trial court.
''Law officer'', any officer authorized to serve criminal process.
''Malicious'', characterized by cruelty, hostility or revenge.
''Protection order issued by another jurisdiction'', an injunction or other order issued by a court of another state, territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, or a tribal court that is issued for the purpose of preventing violent or threatening acts, abuse or harassment against, or contact or communication with or physical proximity to another person, including temporary and final orders issued by civil and criminal courts filed by or on behalf of a person seeking protection.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258e - Harassment Prevention Orders › Section 2 - Jurisdiction

Section 2. Proceedings under this chapter shall be filed, heard and determined in the superior court department or the respective divisions of the district court department or the Boston municipal court department having venue over the plaintiff's residence. The juvenile court department shall have exclusive jurisdiction of proceedings under this chapter in which the defendant is under the age of 18. Such proceedings shall be filed, heard and determined in the division of the juvenile court department having venue over the plaintiff's residence.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258e - Harassment Prevention Orders › Section 4 - Notice of Nature of Proceedings and Availability of Other Criminal Proceedings

Section 4. Upon the filing of a complaint under this chapter, a complainant shall be informed that the proceedings hereunder are civil in nature and that violations of orders issued hereunder are criminal in nature. Further, a complainant shall be given information prepared by the appropriate district attorney's office that other criminal proceedings may be available and such complainant shall be instructed by such district attorney's office relative to the procedures required to initiate criminal proceedings including, but not limited to, a complaint for a violation of section 13B, 13F, 13H, 22, 22A, 23, 24, 24B, 26C, 43 and 43A of chapter 265 or section 3 of chapter 272. Whenever possible, a complainant shall be provided with such information in the complainant's native language.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258e - Harassment Prevention Orders › Section 5 - Temporary Orders

Section 5. Upon the filing of a complaint under this chapter, the court may enter such temporary orders as it deems necessary to protect a plaintiff from harassment, including relief as provided in section 3.
If the plaintiff demonstrates a substantial likelihood of immediate danger of harassment, the court may enter such temporary relief orders without notice as it deems necessary to protect the plaintiff from harassment and shall immediately thereafter notify the defendant that the temporary orders have been issued. The court shall give the defendant an opportunity to be heard on the question of continuing the temporary order and of granting other relief as requested by the plaintiff not later than 10 court business days after such orders are entered.
Notice shall be made by the appropriate law enforcement agency as provided in section 9.
If the defendant does not appear at such subsequent hearing, the temporary orders shall continue in effect without further order of the court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258e - Harassment Prevention Orders › Section 6 - Granting of Relief Without the Filing of a Complaint

Section 6. When the court is closed for business or the plaintiff is unable to appear in court because of severe hardship due to the plaintiff's physical condition, the court may grant relief to the plaintiff as provided under section 5 if the plaintiff demonstrates a substantial likelihood of immediate danger of harassment. In the discretion of the justice, such relief may be granted and communicated by telephone to an officer or employee of an appropriate law enforcement agency, who shall record such order on a form of order promulgated for such use by the chief justice of the trial court and shall deliver a copy of such order on the next court day to the clerk or clerk-magistrate of the court having venue and jurisdiction over the matter. If relief has been granted without the filing of a complaint pursuant to this section, the plaintiff shall appear in court on the next available business day to file a complaint. If the plaintiff in such a case is unable to appear in court without severe hardship due to the plaintiff's physical condition, a representative may appear in court, on the plaintiff's behalf and file the requisite complaint with an affidavit setting forth the circumstances preventing the plaintiff from appearing personally. Notice to the plaintiff and defendant and an opportunity for the defendant to be heard shall be given as provided in said section 5.
Any order issued under this section and any documentation in support thereof shall be certified on the next court day by the clerk or clerk-magistrate of the court issuing such order to the court having venue and jurisdiction over the matter. Such certification to the court shall have the effect of commencing proceedings under this chapter and invoking the other provisions of this chapter but shall not be deemed necessary for an emergency order issued under this section to take effect.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258e - Harassment Prevention Orders › Section 7 - Enforcement of Protection Order Issued by Another Jurisdiction

Section 7. Any protection order issued by another jurisdiction shall be given full faith and credit throughout the commonwealth and enforced as if it were issued in the commonwealth for as long as the order is in effect in the issuing jurisdiction.
A person entitled to protection under a protection order issued by another jurisdiction may file such order with the appropriate court by filing with the court a certified copy of such order. Such person shall swear under oath in an affidavit, to the best of such person's knowledge, that such order is presently in effect as written. Upon request by a law enforcement agency, the clerk or clerk-magistrate of such court shall provide a certified copy of the protection order issued by the other jurisdiction.
A law officer may presume the validity of, and enforce in accordance with section 8, a copy of a protection order issued by another jurisdiction which has been provided to the law officer by any source; provided, however, that the officer is also provided with a statement by the person protected by the order that such order remains in effect. Law officers may rely on such statement by the person protected by such order.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258e - Harassment Prevention Orders › Section 10 - Confidentiality of Records

Section 10. The records of cases arising out of an action brought under this chapter in which the plaintiff or defendant is a minor shall be withheld from public inspection except by order of the court; provided, however, that such records shall be open, at all reasonable times, to the inspection of the minor, such minor's parent, guardian and attorney and to the plaintiff and the plaintiff's attorney.
The plaintiff's residential address, residential telephone number and workplace name, address and telephone number, contained within the court records of cases arising out of an action brought by a plaintiff under this chapter, shall be confidential and withheld from public inspection, except by order of the court; provided, however, that the plaintiff's residential address and workplace address shall appear on the court order and be accessible to the defendant and the defendant's attorney unless the plaintiff specifically requests that this information be withheld from the order. All confidential portions of the records shall be accessible at all reasonable times to the plaintiff and plaintiff's attorney, to others specifically authorized by the plaintiff to obtain such information and to prosecutors, victim-witness advocates as defined in section 1 of chapter 258B, sexual assault counselors as defined in section 20J of chapter 233 and law officers, if such access is necessary in the performance of their duties. This paragraph shall apply to any protection order issued by another jurisdiction filed with a court of the commonwealth pursuant to section 7. Such confidential portions of the court records shall not be deemed to be public records under clause Twenty-sixth of section 7 of chapter 4.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258e - Harassment Prevention Orders › Section 11 - Adoption of Suitable Form of Complaint

Section 11. The chief justice of the trial court shall adopt a form of complaint for use under this chapter which shall be in such form and language to permit a plaintiff to prepare and file such complaint pro se.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258e - Harassment Prevention Orders › Section 12 - Assessment Against Persons Referred to a Treatment Program as Condition of Probation

Section 12. The court shall impose an assessment of $350 against any person who has been referred to a treatment program as a condition of probation. Such assessment shall be in addition to the cost of the treatment program. In the discretion of the court, such assessment may be reduced or waived if the court finds that such person is indigent or that payment of the assessment would cause the person, or the dependents of such person, severe financial hardship. Assessments made pursuant to this section shall be in addition to any other fines, assessments or restitution imposed in any disposition. All funds collected by the court pursuant to this section shall be transmitted monthly to the state treasurer, who shall deposit such funds into the General Fund.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258f - Certification for Victims of Violent Crime and Human Trafficking › Section 1 - Definitions

Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:
''Certifying entity'', a law enforcement agency, prosecutor or other state or local entity that has the authority to detect, investigate or prosecute severe forms of trafficking in persons or criminal activity.
''Criminal activity'', as described in 8 U.S.C. 1101(a)(15)(U)(iii).
''Severe forms of trafficking in persons'', as defined in 22 U.S.C. 7102.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258f - Certification for Victims of Violent Crime and Human Trafficking › Section 2 - Completing and Signing Nonimmigrant Status Certification Forms

Section 2. A certifying entity shall adopt a policy for completing and signing nonimmigrant status certification forms for: (i) victims of criminal activity who intend to petition for nonimmigrant visas under 8 U.S.C. 1101(a)(15)(U); and (ii) victims of severe forms of trafficking in persons who intend to petition for nonimmigrant visas under 8 U.S.C. 1101(a)(15)(T).
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 258f - Certification for Victims of Violent Crime and Human Trafficking › Section 3 - Certifying Entity's Response to Certification Request

Section 3. A certifying entity shall respond to a nonimmigrant status certification request from a victim of criminal activity who intends to petition for a nonimmigrant visa under 8 U.S.C. 1101(a)(15)(U) or from a victim of severe forms of trafficking in persons who intends to petition for a nonimmigrant visa under 8 U.S.C. 1101(a)(15)(T) not later than 90 days after receiving the request for certification. The certifying entity shall respond to the request by: (i) completing and signing the certification forms; (ii) issuing a written denial of the request, without prejudice, informing the victim of the reason that the request does not meet the requirements of the certifying entity's policy under section 2; or (iii) in extenuating circumstances outside the control of the certifying entity that prevent the certifying entity from responding to the certification request in the required time period, issuing a written explanation of the delay, the process the certifying entity will undertake to respond and a projected time frame for such response.