HOUSE DOCKET, NO. 3000         FILED ON: 1/21/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2796

The Commonwealth of Massachusetts

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PRESENTED BY:

Antonio F. D. Cabral

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
              Court assembled:

              The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying:

An Act regarding dangerousness hearings.

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PETITION OF:

HOUSE DOCKET, NO. 3000        FILED ON: 1/21/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2796

The Commonwealth of Massachusetts
 

An Act regarding dangerousness hearings.
 

              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

              Said section 58A of Chapter 276 is further amended by striking the final paragraph of sub-section (7) and inserting thereof the following:

              The superior court shall hear the petition for review under section fifty-eight A as speedily as practicable and in any event within five business days of the filing of the petition. The justice of the superior court hearing the petition shall review the record below but shall take no new evidence. Where the petitioner has been detained pursuant to subsection three of section 58A, the justice of the superior court shall review the written findings of fact and  written statement of the reasons for the detention that the District Court justice was required to make under subsection four of section 58A. Unless the justice of the superior court finds that the district court determination is based on a clear error of fact or a clearly erroneous application of the factors listed in subsection five of section 58A to the facts, the justice shall remand the petitioner in accordance with the terms of the process by which he was ordered committed by the district court. If the justice of the superior court determines that the district court determination is based on a clear error of fact or a clearly erroneous application of the factors listed in subsection five of section 58A to the facts, the justice shall make written findings describing the error or errors that underlie the finding of the district court, and the justice shall then conduct a new hearing pursuant to subsections four and five of section 58A. The new hearing shall be held as soon as practicable, but in any event not more than three business days after the determination by the superior court justice of error in the findings of the district court, unless the petitioner, or the attorney for the commonwealth, seeks a continuance. Except for good cause, a continuance on motion of the petitioner may not exceed seven days, and a continuance on motion of the attorney for the commonwealth may not exceed three business days.