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MA S919

Relative to a person’s failure to appear in court due to enrollment in rehabilitation or detoxification facility


summary

Introduced
01/22/2019
In Committee
01/22/2019
Crossed Over
Passed
Dead
12/31/2020

Introduced Session

191st General Court

Bill Summary

For legislation relative to the failure to appear in court due to enrollment in rehabilitation or detoxification facilities. The Judiciary.

AI Summary

This bill amends several sections of the Massachusetts General Laws to address the issue of a person's failure to appear in court due to their enrollment in a drug or alcohol rehabilitation or detoxification facility. The key provisions are: 1. No warrant or capias (writ of arrest) shall be issued for a person who fails to appear at a civil or criminal proceeding due to their active enrollment in an inpatient rehabilitation or detoxification facility, provided they submit verification of their enrollment to the court and request a new court date. A new date will be scheduled for after the person's scheduled release from the facility, and they will not be held in contempt of court. 2. For the purposes of determining "reasonable cause" for a person's failure to appear under Section 26 of Chapter 276, it shall be deemed reasonable if the person was unable to appear due to their active enrollment in a rehabilitation or detoxification facility, as verified by the facility. 3. The bill also adds a new Section 26A to Chapter 276, which contains similar provisions to Section 1 regarding no warrants or capias being issued for criminal proceedings missed due to facility enrollment. The overall purpose of this bill is to prevent individuals actively engaged in substance abuse treatment from facing additional legal consequences for missing court dates as a result of their treatment.

Committee Categories

Justice

Sponsors (3)

Last Action

Accompanied a study order, see S2496 (on 02/03/2020)

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