Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1362 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 1728 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1362
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Samantha Montaño
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to secure housing for returning citizens.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Samantha Montaño15th Suffolk1/13/2023Lindsay N. Sabadosa1st Hampshire1/31/2023Mindy Domb3rd Hampshire2/2/2023 1 of 8
16	16	HOUSE DOCKET, NO. 1728 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1362
18	18	By Representative Montaño of Boston, a petition (accompanied by bill, House, No. 1362) of
19	19	Samantha Montaño, Lindsay N. Sabadosa and Mindy Domb that the Department of Housing and
20	20	Community Development provide for programs, policies, guidelines, priorities and preferences
21	21	for the housing of formerly incarcerated persons reentering communities. Housing.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act to secure housing for returning citizens.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 16I of chapter 6A of the General Laws, as appearing in the 2020
31	31	2Official Edition, is hereby amended by inserting after the word “secretary”, in line 30, the
32	32	3following words:- and (iv) costs associated with the reentry and formerly incarcerated persons
33	33	4program established in section 31 of chapter 23B.
34	34	5 SECTION 2. Chapter 23B of the General Laws is hereby amended by adding the
35	35	6following section:-
36	36	7 Section 31. (a) There shall be a reentry and formerly incarcerated persons program
37	37	8administered by the department. The department shall be the central coordinating agency for the
38	38	9program. The department, in coordination with the department of correction, the office of
39	39	10probation, and the parole board shall help incarcerated people: (i) understand housing options
40	40	11before and after their release; (ii) find pathways to both short-term and permanent housing; and 2 of 8
41	41	12(iii) receive financial supports, such as housing vouchers, from the state. For the purposes of this
42	42	13section the term “understand housing options” shall include: (i) an ongoing effort by the
43	43	14department to evaluate and ensure such understanding; (ii) the department’s establishment of
44	44	15tools for instruction of such understanding; and (iii) evaluating outcomes in the understanding of
45	45	16housing options for incarcerated people. Such tools and evaluations shall include oral and written
46	46	17surveys, and setting guidelines and goals for measurable success based on the frame of reference
47	47	18of a formerly incarcerated person.
48	48	19 The department shall partner with established community-based organizations with a
49	49	20record of working with reentry of incarcerated and formerly incarcerated persons to assist with
50	50	21positive outcomes and impacts. Such community-based organizations should prioritize including
51	51	22affected populations, such as formerly incarcerated persons and their families, in the leadership
52	52	23of their organization.
53	53	24 The department, in coordination with other relevant state agencies, shall provide for
54	54	25housing, supportive programs, and oversight of housing formerly incarcerated persons in any
55	55	26housing receiving funds administered by any state agency or regulated by the department. The
56	56	27department shall develop and implement outcome-based measurements for the success of such
57	57	28housing, supportive programs, and oversight.
58	58	29 (b) For any funds administered by the department, any state agency, or any state authority
59	59	30for the purposes of providing for affordable housing, the department shall review the
60	60	31implementation of the program and the expenditure of funds, including tax expenditures, for the
61	61	32program no less than annually. The department’s review shall include, but not be limited to:
62	62	33 (i) The number and demographic data of persons served by the program; 3 of 8
63	63	34 (ii) The compliance of each beneficiary of state funds for the purposes of the program
64	64	35and the state funds received regarding the preferences for persons served by the program; and
65	65	36 (iii) Any opportunities to improve the effectiveness of the program in meeting its
66	66	37purposes, intent or goals based on feedback and data gathered from formerly incarcerated
67	67	38persons, persons currently experiencing housing instability related to former incarceration, and
68	68	39community-based organizations, staff participants, and partner agencies that serve such persons.
69	69	40 (c) Annually, the department shall submit a report of its review of the program, including
70	70	41but not limited to, the program’s impacts and outcomes to the joint committee on housing and
71	71	42the joint committee on community development and small businesses and the clerks of the house
72	72	43of representatives and the senate.
73	73	44 SECTION 3. Subsection (a) of section 3 of chapter 23G of the General Laws is hereby
74	74	45amended by adding the following clause:-
75	75	46 (36) to provide for and assist any agency or authority of the commonwealth in providing
76	76	47housing opportunities for incarcerated persons about to be released from a correctional facility
77	77	48and for formerly incarcerated persons.
78	78	49 SECTION 4. Section 19 of said chapter 23G is hereby amended by inserting after the
79	79	50word “housing”, in line 29, the following words:- ; provided that, such housing project assisted
80	80	51by the agency shall include a priority and preference for incarcerated persons about to be
81	81	52released from a correctional facility and for formerly incarcerated persons.
82	82	53 SECTION 5. Subsection (b) of section 60 of chapter 40 of the General Laws, as
83	83	54appearing in the 2020 Official Edition, is hereby amended by inserting after the word “AMI”, in 4 of 8
84	84	55lines 121 and 125, the following words:- provided that, for any housing units assisted under this
85	85	56section, there shall be a priority for housing incarcerated persons about to be released from a
86	86	57correctional facility and for formerly incarcerated persons.
87	87	58 SECTION 6. Subsection (c) of section 60B of chapter 40 of the General Laws, as
88	88	59appearing in the 2020 Official Edition, is hereby amended by inserting after the word
89	89	60“agreement”, in line 80, the following words:- provided that, for any residential units constructed
90	90	61under this section, there shall be a priority for housing incarcerated persons about to be released
91	91	62from a correctional facility and for formerly incarcerated persons.
92	92	63 SECTION 7. Section 20 of chapter 40B of the General Laws, as appearing in the 2020
93	93	64Official Edition, is hereby amended by inserting after the word “affected”, in line 25, the
94	94	65following words:- provided however, that the regional need shall include affordable housing for
95	95	66reentry housing for low and moderate-income incarcerated persons about to be released from a
96	96	67correctional facility and for formerly incarcerated persons.
97	97	68 SECTION 8. Section 4 of chapter 40H of the General Laws, as appearing in the 2020
98	98	69Official Edition, is hereby amended by inserting after clause (g) the following clause:-
99	99	70 (g½) to provide for and assist any CDC, state agency or state authority in providing
100	100	71housing opportunities for incarcerated persons about to be released from a correctional facility
101	101	72and for formerly incarcerated persons.
102	102	73 SECTION 9. Clause (i) of the first paragraph of section 5 of said chapter 40H, as so
103	103	74appearing, is hereby amended by inserting after the word “housing”, in line 24, the following
104	104	75words:- ; provided that, such project shall include a priority and preference for incarcerated
105	105	76persons about to be released from a correctional facility and for formerly incarcerated persons. 5 of 8
106	106	77 SECTION 10. Section 1 of chapter 40R of the General Laws, as appearing in the 2020
107	107	78Official Edition, is hereby amended by inserting after the word “rate”, in line 24, the following
108	108	79words:- provided however, that any such housing development shall include a priority for the
109	109	80housing of low and moderate-income incarcerated persons about to be released from a
110	110	81correctional facility and for formerly incarcerated persons in any such development.
111	111	82 SECTION 11. Section 6 of chapter 40R of the General Laws, as appearing in the 2020
112	112	83Official Edition, is hereby amended by inserting after the word “housing”, in line 27, the
113	113	84following words:- provided however, that such ordinance or by-law shall include a priority for
114	114	85the housing of low and moderate-income incarcerated persons about to be released from a
115	115	86correctional facility and for formerly incarcerated persons in any such projects.
116	116	87 SECTION 12. Subsection (a) of section 4 of chapter 40V of the General Laws, as
117	117	88appearing in the 2020 Official Edition, is hereby amended by inserting after clause (i) the
118	118	89following clause:-
119	119	90 (ii) provides that, for any residential units constructed under this chapter, there shall be a
120	120	91priority for housing incarcerated persons about to be released from a correctional facility and for
121	121	92formerly incarcerated persons.
122	122	93 SECTION 13. The definition of “Community housing” in section 2 of chapter 44B of the
123	123	94General Laws is hereby amended by adding the following sentence:- Community housing shall
124	124	95include a priority and preference for incarcerated persons about to be released from a
125	125	96correctional facility and for formerly incarcerated persons.
126	126	97 SECTION 14. Subsection (s) of section 6 of chapter 62 of the General Laws, as
127	127	98appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:- 6 of 8
128	128	99 (7) In allocating tax credits pursuant to this section or the federal Low Income Housing
129	129	100Tax Credit program of the Tax Reform Act of 1986, the department shall include in its Qualified
130	130	101Allocation Plan a requirement of a priority and preference for all applications for credits for
131	131	102reentry housing opportunities for incarcerated persons about to be released from a correctional
132	132	103facility and for formerly incarcerated persons.
133	133	104 SECTION 15. Section 31H of chapter 63 of the General Laws, as so appearing, is hereby
134	134	105amended by adding the following subsection:-
135	135	106 (k) In allocating tax credits pursuant to this section or the federal Low-Income Housing
136	136	107Tax Credit program of the Tax Reform Act of 1986, the department shall establish in its
137	137	108Qualified Allocation Plan a requirement of a priority and preference category for all applications
138	138	109for credits for reentry housing opportunities for incarcerated persons about to be released from a
139	139	110correctional facility and for formerly incarcerated persons.
140	140	111 SECTION 16. Section 32 of chapter 121B of the General Laws, as appearing in the 2022
141	141	112Official Edition, is hereby amended by inserting after the word “regulations”, in line 144, the
142	142	113following words:- ; and (4) persons released from a correctional facility within the last 2 years.
143	143	114 SECTION 17. Subsection (b) of section 3 of chapter 121D of the General Laws is hereby
144	144	115amended by adding the following paragraph:-
145	145	116 The fund shall provide for a requirement of a priority and preference category for all
146	146	117applications for any expenditure from the fund, to an organization, for reentry housing
147	147	118opportunities for incarcerated persons about to be released from a correctional facility and for
148	148	119formerly incarcerated persons. 7 of 8
149	149	120 SECTION 18. Subsection (a) of chapter 121E of the General Laws, as appearing in the
150	150	1212020 Official Edition, is hereby amended by inserting after the word “individuals”, in line 11, the
151	151	122following words:- and reentry housing opportunities for incarcerated persons about to be released
152	152	123from a correctional facility and for formerly incarcerated persons.
153	153	124 SECTION 19. Subsection (a) of section 3 of chapter 121F of the General Laws, as so
154	154	125appearing, is hereby amended by inserting after the word “income” in line 35, the following
155	155	126words:- ; and provided further that for such persons, there shall be a priority for housing
156	156	127incarcerated persons about to be released from a correctional facility and for formerly
157	157	128incarcerated persons.
158	158	129 SECTION 20. Section 3 of chapter 121G of the General Laws, as so appearing, is hereby
159	159	130amended by inserting after the word “regulations”, in line 17, the following words:- ; provided
160	160	131that, for any housing units funded under this section, there shall be a priority for housing
161	161	132incarcerated persons about to be released from a correctional facility and for formerly
162	162	133incarcerated persons.
163	163	134 SECTION 21. Section 4A of chapter 708 of the acts of 1966 is hereby amended by
164	164	135adding the following paragraph:-
165	165	136 (q) Provide for and assist any agency or authority of the commonwealth in providing
166	166	137housing opportunities for incarcerated persons about to be released from a correctional facility
167	167	138and for formerly incarcerated persons.
168	168	139 SECTION 22. Section 7 of chapter 708 of the acts of 1966 is hereby amended by adding
169	169	140the following sentence:- Notwithstanding any other provision of this section, tenant selection 8 of 8
170	170	141plans shall include a priority and preference for incarcerated persons about to be released from a
171	171	142correctional facility and for formerly incarcerated persons.
172	172	143 SECTION 23. Section 1 of chapter 99 of the acts of 2020 is hereby amended by inserting
173	173	144after the words “with disabilities” the following words:- ; to create reentry housing opportunities
174	174	145for incarcerated persons about to be released from a correctional facility and affordable housing
175	175	146units for formerly incarcerated persons.
176	176	147 SECTION 24. Section 2 of chapter 99 of the acts of 2020 is hereby amended in item
177	177	1487004-0058 by adding the following words:- ; provided further, that there shall be a priority for
178	178	149such beneficiaries who are incarcerated persons about to be released from a correctional facility
179	179	150and who are formerly incarcerated persons.
180	180	151 SECTION 25. Notwithstanding any general or special law, rule or regulation to the
181	181	152contrary the department, in its capacity as a public housing agency shall, pursuant to section
182	182	1533202 of Public Law 117-7, the American Rescue Plan Act of 2021, implement a priority for
183	183	154emergency housing vouchers for incarcerated persons about to be released from a correctional
184	184	155facility and for formerly incarcerated persons.