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