Chapter 201.          AN ACT RELATIVE TO THE RELEASE ON BAIL OF CER-
TAIN PERSONS.
Be it enacted, etc., as follows:
SECTION 1. Section 57 of chapter 276 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting after the word "bail", in line 10, the first time it appears, the following words:- if he determines that such release will reasonably assure the appearance of the person before the court and will not endanger the safety of any other person or the community.
SECTION 2. Said section 57 of said chapter 276, as so appearing, is hereby further amended by inserting after the first paragraph the following paragraph :-
Notwithstanding the foregoing, a person arrested and charged with a violation of an order or judgment issued pursuant to section eighteen, thirtyrfour B or thirty-four C of chapter two hundred and eight, section thirty-two of chapter two hundred and nine, section three, four or five of chapter two hundred and nine A, or section fifteen or twenty of chapter two hundred and nine C, or arrested and charged with a misdemeanor or felony involving abuse as defined in section one of said chapter two hundred and nine A while an order of protection issued under
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said chapter two hundred and nine A was in effect against said person, shall not be released out of court by a clerk of courts, clerk of a district court, bail commissioner or master in chancery.
SECTION 3. Section 58 of said chapter 276, as so appearing, is hereby amended by inserting after the word "discretion", in line 11, the following words:- that such release will endanger the safety of any other person or the community or.
SECTION 4. Said section 58 of said chapter 276, as so appearing, is hereby further amended by inserting after the word "nature", in line 15, the following words:- and seriousness of the danger to any person or the community that would be posed by the prisoner's release, the nature.
SECTION 5. Said section 58 of said chapter 276, as so appearing, is hereby further amended by inserting after the word "charge", in line 24, the following words:- , whether, the acts alleged involve abuse as defined in section one of chapter two hundred and nine A, or violation of a temporary or permanent order issued pursuant to section eighteen or thirty-four B of chapter two hundred and eight, section thirty-two of chapter two hundred and nine, section three, four or five of chapter two hundred and nine A, or section fifteen or twenty of chapter two hundred and nine C, whether the prisoner has any history of orders issued against him pursuant to the aforesaid sections.
SECTION 6. The governor shall direct the secretary of public safety to collect and study data regarding overcrowding conditions in the commonwealth's prisons, houses of corrections, and municipal police overnight detention facilities, the operation of the courts of criminal jurisdiction of the commonwealth, information management systems within those courts, the judicial and administration procedures regarding revocation of parole, revocation of conditional release, and revocation of probation, the experience of the courts implementing the foregoing sections of this act as they relate to violations of restraining orders under chapters two hundred and eight, two hundred and nine, two hundred and nine A and chapter two hundred and nine C of the General Laws, as well as federal and state administrative and judicial procedures regarding deportation of illegal aliens.
Said secretary shall make findings regarding the cost impact on the courts and correctional facilities within the commonwealth, as well as the effect on the administration and personnel of same, of several models of a presumptive forty-eight hour detention period for all prisoners pending revocation of parole, revocation of conditional release, revocation of probation, deportation, or trial for violation of restraining orders under said chapters two hundred and eight, two hundred and nine, two hundred and nine A and chapter two hundred and nine C. Said secretary shall make recommendations regarding the orderly and efficient use of available resources to effect the goal of preserving public safety Under the provisions of section fifty-eight of chapter two hundred and seventy-six of the General Laws. Said secretary shall report his finding to the clerk of the house of
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representatives who shall forward the same to the committees on criminal justice, as soon as may be reasonably found to be convenient, but in no event later than December thirty-first, nineteen hundred and ninety-two. Emergency Letter: October 7, 1992 @ 1:27PM.      Approved October 7, 1992.