Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1553 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3237 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1553
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Russell E. Holmes
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 restoring the furlough program for incarcerated persons.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Russell E. Holmes6th Suffolk1/20/2023Michelle M. DuBois10th Plymouth2/15/2023 1 of 4
16	16	HOUSE DOCKET, NO. 3237 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1553
18	18	By Representative Holmes of Boston, a petition (accompanied by bill, House, No. 1553) of
19	19	Russell E. Holmes and Michelle M. DuBois relative to furlough programs for incarcerated
20	20	persons. The Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 1663 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act restoring the furlough program for incarcerated persons.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 127 of the General Laws is hereby amended by striking out section
32	32	290A and inserting in place thereof the following section:-
33	33	3 Section 90A. (a) The commissioner may extend the limits of the place of confinement of
34	34	4a committed offender at any state correctional facility by authorizing such committed offender
35	35	5under prescribed conditions to be away from such correctional facility but within the
36	36	6commonwealth for a specified period of time, not to exceed 14 days during any 12 month period
37	37	7nor more than 7 days at any one time.
38	38	8 (b) Such authorization may be granted for any of the following purposes: (i) to attend the
39	39	9funeral of a relative; (ii) to visit a critically ill relative; (iii) to obtain medical, psychiatric, 2 of 4
40	40	10psychological or other social services when adequate services are not available at the facility and
41	41	11cannot be obtained by temporary placement in a hospital under sections one hundred and
42	42	12seventeen, one hundred and seventeen A, and one hundred and eighteen; (iv) to contact
43	43	13prospective employers; (v) to secure a suitable residence for use upon release on parole or
44	44	14discharge; (vi) for any other reason consistent with the reintegration of a committed offender into
45	45	15the community. For the purposes of this section the word “relative” shall mean the committed
46	46	16offender’s father, mother, child, brother, sister, husband or wife and, if the committed offender’s
47	47	17grandparent, uncle, aunt or foster parent acted as the committed offender’s parent in rearing such
48	48	18committed offender, it shall also mean such grandparent, uncle, aunt or foster parent.
49	49	19 (c) A committed offender who is serving a life sentence or a sentence in a state
50	50	20correctional facility for violation of section thirteen, thirteen B, 13B ½, 13B ¾, fourteen, fifteen,
51	51	21fifteen A, fifteen B, sixteen, seventeen, eighteen, eighteen A, nineteen, twenty, twenty-one,
52	52	22twenty-two, twenty-two A, 22B, 22C, twenty-three, 23A, 23B, twenty-four, twenty-four B,
53	53	23twenty-five or section twenty-six of chapter two hundred and sixty-five, or section seventeen,
54	54	24thirty-four, thirty-five, or section thirty-five A of chapter two hundred and seventy-two, or for an
55	55	25attempt to commit any crime referred to in said sections may be eligible for such authorization
56	56	26pursuant to subsections (a) and (b) upon the recommendation of the superintendent on behalf of a
57	57	27particular committed offender and upon the approval of the commissioner. The administrator of a
58	58	28county correctional facility may grant like authorization to a committed offender in such facility.
59	59	29 (d) A person away from a correctional facility pursuant to this section may be
60	60	30accompanied by an employee of the department, in the discretion of the commissioner, or an
61	61	31officer of a county correctional facility, in the discretion of the administrator. 3 of 4
62	62	32 (e) Any expenses incurred under the provisions of this section may be paid by the
63	63	33correctional facility in which the committed offender is committed. A committed offender shall,
64	64	34during the committed offender’s absence from a correctional facility under this section, be
65	65	35considered as in the custody of the correctional facility and the time of such absence shall be
66	66	36considered as part of the term of sentence.
67	67	37 SECTION 2. Said chapter 127 is hereby further amended by striking out sections 83A
68	68	38and 83B and inserting in place thereof the following 2 sections:-
69	69	39 Section 83A. The commissioner is hereby authorized to establish, on land under the
70	70	40control of the department of environmental management or of the metropolitan district
71	71	41commission and upon sites approved by the commissioner of conservation and recreation, camps
72	72	42to which male prisoners, including male prisoners sentenced to life who have served 8 years may
73	73	43be removed for employment, as designated and approved by the commissioner of conservation
74	74	44and recreation, in reforestation, maintenance and development of state forests, who have shown
75	75	45by their conduct and disposition that they would be amenable to less rigorous discipline and
76	76	46would benefit from work in the open air; provided, however, that only one such camp may be
77	77	47established on land within the urban parks district. Before any site for any such camp shall be
78	78	48approved, a public hearing shall be held by the commissioner of conservation and recreation, in a
79	79	49city or town situated within a radius of ten miles of the proposed site.
80	80	50 Section 83B. The commissioner may remove to any camp so established any prisoner
81	81	51held in a correctional institution of the commonwealth except the Massachusetts Correctional
82	82	52Institution, Framingham, and sentenced prisoners in jails and houses of correction, including
83	83	53male prisoners sentenced to life who have served 8 years, except a prisoner serving a sentence 4 of 4
84	84	54imposed for violation of sections twenty-two, 22A, 22B, 22C, twenty-three, 23A, 23B and
85	85	55twenty-four of chapter two hundred and sixty-five and for attempt to commit a crime referred to
86	86	56in said sections, who, in his judgment, may properly be so removed and may at any time return
87	87	57such prisoners to the prison from whence removed. Prisoners so removed shall be entitled to a
88	88	58permit to be at liberty as provided under the provisions of sections 128 and 133 of chapter 127.
89	89	59 If a prisoner escapes or attempts to escape from a prison camp all deductions from the
90	90	60sentence he is then serving shall be thereby forfeited. A prisoner who is entitled to have the term
91	91	61of his imprisonment reduced shall receive from the parole board a certificate of discharge and
92	92	62shall be released from the prison camp on the date which has been determined by such additional
93	93	63deduction from the maximum term of his sentence or sentences.
94	94	64 SECTION 3. Said chapter 127 is hereby further amended by striking out section 97 and
95	95	65inserting in place thereof the following section:-
96	96	66 Section 97. The commissioner may transfer any sentenced prisoner from one correctional
97	97	67institution of the commonwealth to another, and with the approval of the sheriff of the county
98	98	68from any such institution except a prisoner who has not served at least 8 years of a life sentence
99	99	69to any jail or house of correction, or a sentenced prisoner from any jail or house of correction to
100	100	70any such institution except the Massachusetts Correctional Institution, Cedar Junction, or from
101	101	71any jail or house of correction to any other jail or house of correction. Prisoners so removed shall
102	102	72be subject to the terms of their original sentences and to the provisions of law governing parole
103	103	73from the correctional institutions of the commonwealth.