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Changes In Trial Court And Probation

THE HOUSE AND SENATE Beacon Hill Roll Call records the votes of local representatives on one roll call from the week of May 9-13. There were no roll calls in the Senate last week.

CHANGES IN TRIAL COURT AND PROBATION DEPARTMENT (H 3395) House 152-0, approved and sent to the Senate a bill crafted by Speaker Robert DeLeo that would overhaul the management of the trial court and the hiring process for the Probation Department. The measure divides up the responsibilities currently held by the Chief Justice for Administration and Management between a newly created “civilian” Office of Court Management and a Chief Justice of the Trial Court. The new civilian administrator would handle business functions including the general administration of the office, review and approval of the hiring of non-judicial employees and all money matters. Meanwhile the Chief Justice would tackle all the judicial management responsibilities.

Changes in the Probation Department include an entrance exam for the hiring and promotion of all probation and court officers; an extensive interview and background review process; removal of the unilateral hiring power from the Commissioner of Probation, making all hiring subject to the approval of the new civilian Court Administrator; requiring that recommendations offered on behalf of any applicant be made in writing and requiring applicants for jobs in the executive, legislative and judicial branches to disclose the names of all immediate family members who are state employees. That information would become public if the person gets the job.

These changes are a reaction to the blockbuster report by Independent Counsel Paul Ware on wrongdoing in the state’s Probation Department. Ware concluded that corruption in the hiring and promotion process is rampant throughout the system. The report notes legislators would “sponsor” candidates for Probation Department jobs and that the interview and selection process was often rigged in favor of hiring candidates with political or other personal connections instead of better qualified, non-connected applicants.

Supporters said these long-overdue changes would streamline the operation and improve efficiency in the state’s court system while bringing transparency to the hiring and promotion system at the Department of Probation.

A “Yes” vote is for the bill.
Rep. Paul Brodeur Yes
Rep. Michael Costello Yes
Rep. Paul Donato Didn’t Vote
Rep. James Dwyer Yes
Rep. Lori Ehrlich Yes
Rep. Christopher Fallon Yes
Rep. Robert Fennell Yes
Rep. Ann-Margaret Ferrante Yes
Rep. Sean Garballey Yes
Rep. Bradford Hill Yes
Rep. Bradley Jones Yes
Rep. John Keenan Yes (Salem)
Rep. Jason Lewis Yes
Rep. James Lyons Yes
Rep. Jerald Parisella Didn’t Vote
Rep. Kathi-Anne Reinstein Yes
Rep. Carl Sciortino Yes
Rep. Stephen Smith Yes
Rep. Theodore Speliotis Yes
Rep. Joyce Spiliotis Yes
Rep. Harriett Stanley Yes
Rep. David Torrisi Yes
Rep. Steven Walsh Yes
Rep. Donald Wong Yes
Also up on Beacon Hill

ELECTION DAY DRINKING (S 87) The Committee on Consumer Protection and Professional Licensure held a hearing on legislation to repeal a current law that prohibits the sale of alcoholic beverages on Election Day, when the polls are open The current law also allows local governments to opt out of the ban.

OTHER LIQUOR BILLS The committee’s agenda also included a proposal that would require establishments that serve alcoholic beverages to post a sign in each room and restroom warning, “Alcohol consumption during pregnancy is harmful to the fetus and can cause birth defects, low birth weight and fetal alcohol syndrome, which is a leading cause of developmental disabilities” (S 95). Other proposals would revoke the driver’s license of any person under 20 years and nine months who attempts to purchase alcohol (S 130), and require all employees of any store that sells liquor to be over 21 years old (H 1031). Current law requires employees to be 18 or older. Supporters of the hike say that anyone under 21 should not be handling liquor in a store from which they can’t buy it. Opponents say the hike will have an unwanted effect on the thousands of youngsters who currently work at convenience stores and grocery stores that sell liquor.

LOWER AGE TO RECEIVE LEARNER’S PERMIT (H 3080)The Transportation Committee heard testimony on a measure that would lower the eligibility age for receiving a driver’s permit from 16 to 15.5. The measure would also increase from 18 to 30 the number of driving hours required to receive a license and reduce from 30 to 18 the number of required classroom hours. The proposal was sponsored and supported by students from a U.S. history class at Plymouth North High School. Four students testified before the committee and said more driving time under adult supervision would make them more experienced, safer drivers by the time they become eligible to get their license.

ANESTHETIZE FETUS PRIOR TO ABORTION (H 3295) The Public Health Committee’s agenda included a bill requiring doctors to anesthetize the fetus prior to performing an abortion. The anesthesia would not have to be administered if the physician believes it would risk the life of the mother or endanger a major bodily function, the pregnancy has not yet reached 20 weeks gestation or the mother directs that anesthesia not be administered.

SMOKING The Public Health Committee’s hearing also included bills to prohibit smoking cigarettes in all private residences except single-family detached homes (H 3253); ban the sale of cheap cigarettes in all pharmacies and gift shops in hospitals and other health care institutions (S 1094); direct the Health and Human Services Department to instruct the Department of Public Health to promulgate regulations for restricting the marketing of cigars, chewing cheap cigarettes and other cheap cigarettes products besides cigarettes to youths (S 1128); prohibit outdoor smoking cigarettes within 25 feet of a building and fine offenders up to $100 (H 627) and make it a crime for drivers or passengers to smoke cigarettes when a person under 18 is in the car (H 587). The smoker would be fined $25 for the first offense and $100 for each subsequent one.
TAX ON PLASTIC BAGS (S 1463) The Revenue Committee held a hearing on a proposal that would impose a tax on shoppers who choose “plastic over paper.” The measure imposes an initial two-cent per bag tax on each plastic bag and then increases the tax over a six-year period to 15 cents per bag. The revenue would be split evenly between the stores and the state with all the funds being used to promote recycling.
MAKE MORE “STUFF” TAX-FREE There were several proposals before the Revenue Committee last week that offer exemptions to the state’s 6.25 percent sales tax. These measures include exempting the sale of children’s books (S 1478); goods made of at least 70 percent recycled materials (S 1524); blood glucose monitoring strips and lancets and vitamin and mineral supplements, when prescribed by a doctor (S 1538); tombstones (H 784) and hand-packed ice cream (H 817).
TAX SODA AND CANDY (H 1697) A bill that seeks to make candy and soda subject to the state’s 6.25 percent sales tax was also the subject of the Revenue Committee hearing.
Supporters said Massachusetts is one of only a handful of states that treats these as essential food items and does not tax these food products. They argued the tax will raise money that should go to programs that reduce childhood obesity.
Opponents said this is just another tax that would hurt consumers who are already struggling during this difficult economy.
HOW LONG WAS LAST WEEK’S SESSION? During the week of May 9-13, the House met for a total of 12 hours and eight minutes while the Senate met for a total of three hours and 29 minutes.


Read more: Beacon Hill Roll Call: Changes in trial court and probation - Salem, Massachusetts - Salem Gazette http://www.wickedlocal.com/salem/town_info/government/x956202017/Beacon-Hill-Roll-Call-Changes-in-trial-court-and-probation#ixzz1N0NrJZF3

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