1 of 15 DOCUMENTS ANNOTATED LAWS OF MASSACHUSETTS ...

ALM GL ch. 209A, § 4
Page 36
The 1984 amendment purported to substitute "schedule" for "schedule" in the second paragraph, but such
amendment could not be executed.
The 1990 amendment in the first paragraph, added at the end ", or paternity action"; in the second sentence of the
second paragraph, changed from seven to ten the number of days a defendant has to appear; and added the third and
fourth paragraphs. Sections 14-16 provide:
Section 14. The secretary of public safety shall establish a policy for law enforcement response to domestic
violence consistent with the provisions of this act; provided, however, that he may revise, terminate, or revoke such
policy at his discretion. Such policy shall be developed after consultation with the director of the victim assistance
office, at least two representatives of a certified or provisionally certified batterer's treatment program, and at least four
representatives from the governor's anti-crime council including at least one district attorney, one member of the
Massachusetts bar experienced in criminal defense, one police chief and one judge or his designee. Such policy for law
enforcement response to domestic violence shall be promulgated within six months of the effective date of this act.
Section 15. Each law enforcement agency shall establish and implement specific operational guidelines consistent
with the policy established under the provisions of section fourteen or adopt said policy. Local operational guidelines
shall be submitted to the secretary of public safety for review within sixty days of the adoption of said policy. The
secretary shall provide written notice of approval of the local guidelines within thirty days of receipt of said guidelines.
Upon approval, said guidelines shall be effective immediately at the local law enforcement agency. Prior to, or in the
absence of approved guidelines, the law enforcement agency shall implement said policy.
Section 16. Within six months of the effective date of this act, guidelines and standards for the certification of
batterer's treatment programs by the department of public health shall be set up by a commission to be established by
the chief justice of the trial court department, one member of which shall be a district attorney or his designee, two of
which shall be members of a recognized batterer's treatment program with training experience, two of which shall be
members of a domestic violence program or the statewide coalition of programs which provide services to victims of
domestic violence and one of whom shall be a member from a probation department. Prior to the establishment of such
guidelines and standards, the department of public health may provisionally certify batterer's treatment programs
pursuant to regulations promulgated by the department. Such provisional certification shall expire upon establishment
of guidelines under this section. The department of public health shall thereafter certify and monitor batterer's treatment
programs according to the standards established and promulgated by the commission. Programs so certified shall be the
only batterer's treatment programs appropriate for court referrals.
Cross References
Penalty for committing crime of stalking in violation of order or judgment issued pursuant to this section, ALM GL
c 265, § 43.
Jurisprudence
24 Am Jur 2d, Divorce & Separation §§ 265-268.
Annotations
Validity and application of statute allowing endangered child to be temporarily removed from parental custody. 38
ALR4th 756.
Treatise References
Blumenson, Fisher, & Kanstroom, Massachusetts Criminal Practice (Michie) § 50.