Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1740 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. 3963 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1740
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David M. Rogers
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 establishing reasonable limitations on the solitary confinement of inmates 21 years of age
13	13	or younger.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:David M. Rogers24th Middlesex1/20/2023 1 of 3
17	17	HOUSE DOCKET, NO. 3963 FILED ON: 1/20/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 1740
19	19	By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 1740) of
20	20	David M. Rogers relative to establishing reasonable limitations on the solitary confinement of
21	21	inmates 21 years of age or younger. The Judiciary.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 1851 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act establishing reasonable limitations on the solitary confinement of inmates 21 years of age
30	30	or younger.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Section 39 of chapter 127 of the General Laws, as appearing in the 2020
34	34	2Official Edition, is hereby amended by striking out the first paragraph and inserting in place
35	35	3thereof the following 2 paragraphs:-
36	36	4 At the request of the superintendent of any correctional institution of the commonwealth,
37	37	5the commissioner may authorize the transfer, for such period as he may determine, to a
38	38	6segregated unit within any correctional institution of the commonwealth, of any inmate over 21
39	39	7years of age whose continued retention in the general institution population is detrimental to the
40	40	8program of the institution. 2 of 3
41	41	9 At the request of the superintendent of any correctional institution of the commonwealth,
42	42	10the commissioner may authorize the transfer, for no longer than 48 hours, to a segregated unit
43	43	11within any correctional institution of the commonwealth, of any inmate 21 years of age or
44	44	12younger who poses an immediate and substantial threat to the safety of other inmates or officers.
45	45	13If after 48 hours, in the opinion of the superintendent, conclusive evidence exists, as documented
46	46	14in a written report, that the inmate continues to pose an immediate and substantial threat to other
47	47	15inmates or officers, the inmate may remain in the segregated unit up to an additional 24 hours.
48	48	16The written report shall include reasons why the superintendent believes the inmate continues to
49	49	17pose an immediate and substantial threat to the safety of other inmates or officers.
50	50	18 SECTION 2. Section 40 of said chapter 127, as so appearing, is hereby amended by
51	51	19striking out the first paragraph and inserting in place thereof the following 2 paragraphs:-
52	52	20 For the enforcement of discipline, an inmate over 21 years of age in any correctional
53	53	21institution of the commonwealth may, at the discretion of its superintendent, be confined, for a
54	54	22period not to exceed 15 days for any one offense, to an isolation unit.
55	55	23 Any inmate, 21 years old or younger in any correctional institution, who poses an
56	56	24immediate and substantial threat to the safety of other inmates or officers, may, at the discretion
57	57	25of the superintendent, be confined to an isolation unit for a period not to exceed 48 hours.
58	58	26 SECTION 3. Section 41 of said chapter 127, as so appearing, is hereby amended by
59	59	27striking out the first paragraph and inserting in place thereof the following 2 paragraphs:-
60	60	28 The superintendent or keeper of a jail or house of correction may set aside in such jail or
61	61	29house of correction 1 or more cells to be used as isolation units and for the enforcement of
62	62	30discipline may confine any inmate over 21 years of age thereto; but no prisoner shall be confined 3 of 3
63	63	31to such isolation unit for more than 3 days without informing the sheriff or the county
64	64	32commissioners thereof and of the reasons therefor; and in no case for more than 10 days for any
65	65	33one offense.
66	66	34 Any inmate, 21 years old or younger in any jail or house or correction, who poses an
67	67	35immediate and substantial threat to the safety of other inmates or officers, may, at the discretion
68	68	36of the superintendent or administrator, be confined to an isolation unit for a period not to exceed
69	69	3748 hours.