Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1789 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. 474 FILED ON: 1/13/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1789
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Chynah Tyler
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 relative to prison reform.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Chynah Tyler7th Suffolk1/13/2023 1 of 4
16	16	HOUSE DOCKET, NO. 474 FILED ON: 1/13/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1789
18	18	By Representative Tyler of Boston, a petition (accompanied by bill, House, No. 1789) of Chynah
19	19	Tyler for legislation to a review of the impact and effectiveness of facility programming by the
20	20	Department of Correction including a special commission (including members of the General
21	21	Court) relative to the effects of health care in department facilities and a special commission
22	22	(including members of the General Court) relative to the effects of confinement in the
23	23	departmental disciplinary unit on the mental health and wellness of prisoners. The Judiciary.
24	24	[SIMILAR MATTER FILED IN PREVIOUS SESSION
25	25	SEE HOUSE, NO. 3882 OF 2021-2022.]
26	26	The Commonwealth of Massachusetts
27	27	_______________
28	28	In the One Hundred and Ninety-Third General Court
29	29	(2023-2024)
30	30	_______________
31	31	An Act relative to prison reform.
32	32	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
33	33	of the same, as follows:
34	34	1 SECTION 1. Study and review of the impact and effectiveness of DOC facility
35	35	2programming.
36	36	3 SECTION 2. Section 48 of chapter 127 of the General Laws, as appearing in the 2018
37	37	4Official Edition, is hereby amended by adding the following paragraph:-
38	38	5 The commissioner shall ensure that all county correctional facilities, state correctional
39	39	6facilities and state prisons maintain a partnership with a public institution of higher education, as
40	40	7identified in section 5 of chapter 15A, for the purposes of developing educational programming
41	41	8for prisoners and to allow prisoners with a high school diploma or its equivalent to obtain course 2 of 4
42	42	9credit toward an associate’s degree or bachelor’s degree from the public institution of higher
43	43	10education.
44	44	11 SECTION 3. Said chapter 127 is hereby amended by adding the following section:-
45	45	12 Section 170. Within six months of the enactment of this act, the department shall, in
46	46	13consultation with the department of public health, develop food standards to ensure the provision
47	47	14of healthy, safe, and palatable food options to people in custody of the department.
48	48	15 The food standards developed under this section shall:
49	49	16 (I) Include nutrition standards for foods purchased and served that ensure weekly menus
50	50	17meet or exceed the most recent Dietary Guidelines for Americans published by the U.S.
51	51	18Department of Agriculture and the U.S. Department of Health and Human Services, considering
52	52	19both positive and negative contributions of nutrients, ingredients, and foods, including but not
53	53	20limited to calories or portion size, saturated fat, sodium, added sugars, and the presence of fruits,
54	54	21vegetables, and whole grains (II) Make recommendations for offering foods and beverages that
55	55	22reflect the traditions and preferences of the demographics of the population in custody (III)
56	56	23Require that potable, palatable drinking water be accessible to people in custody at mealtimes
57	57	24and as much as possible throughout the day (IV) Require that each individual be given at least 20
58	58	25minutes of seated time to consume each meal, not counting time spent waiting to be served (V)
59	59	26 Prohibit all food-related punishments (VI) Require that the same selection of food and
60	60	27beverages be available to department employees and people in custody.
61	61	28 The food standards developed under this section shall be reviewed and updated by the
62	62	29department as necessary, but no less often than every five years. 3 of 4
63	63	30 The food standards developed under this section shall be applied to all foods and
64	64	31beverages purchased, prepared, served, and sold by the department and sold or served in
65	65	32department facilities. All purchases made on behalf of the department shall be made in
66	66	33accordance with the food standards. All contracts made by the department with food service,
67	67	34catering, vending, or other food providers will require compliance with the food standards. All
68	68	35existing contracts that do not meet the standards must be revised or terminated at the next
69	69	36renewal stage of the contract.
70	70	37 Within six months of the enactment of this act and at least annually thereafter, the
71	71	38department shall survey the population in custody to evaluate their satisfaction with the food
72	72	39service and identify modifications needed to improve the food quality and eating experience.
73	73	40 SECTION 4. (a) There shall be a commission to review and make recommendations on
74	74	41the effects of health care in department of corrections facilities, including county correctional
75	75	42facilities, state correctional facilities and state prisons.
76	76	43 (b) The commission shall consist of the following 15 members: the chairs of the joint
77	77	44committee on public health or their designees, who shall serve as co-chairs; the secretary of the
78	78	45executive office of public safety or their designee; the commissioner of correction or their
79	79	46designee; the commissioner of public health or their designee; 2 members to be appointed by the
80	80	47speaker of the house of representatives; 2 members to be appointed by the senate president; 2
81	81	48members to be appointed by the chair of the Massachusetts Black and Latino Legislative Caucus;
82	82	492 members to be appointed by the governor, 1 of whom shall be a formerly incarcerated person;
83	83	50the executive director of Prisoners’ Legal Services of Massachusetts or their designee; and the 4 of 4
84	84	51president of the National Association for the Advancement of Colored People New England
85	85	52Area Conference or a designee.
86	86	53 (c) The commission shall report and file its findings and recommendations, including any
87	87	54legislation, with the clerks of the house of representatives and senate and the joint committee on
88	88	55public safety and security not later than January 1, 2022.
89	89	56 SECTION 5. (a) There shall be a commission to study and make recommendations
90	90	57relative to the effects of confinement in the departmental disciplinary unit, also known as the
91	91	58DDU, on the mental health and wellness of prisoners.
92	92	59 (b) The commission shall consist of the following 15 members: the chairs of the joint
93	93	60committee on mental health, substance abuse and recovery or their designees, who shall serve as
94	94	61co-chairs; the secretary of the executive office of public safety or their designee; the
95	95	62commissioner of correction or their designee; the commissioner of public health or their
96	96	63designee; 2 members to be appointed by the speaker of the house of representatives; 2 members
97	97	64to be appointed by the senate president; 2 members to be appointed by the chair of the
98	98	65Massachusetts Black and Latino Legislative Caucus; 2 members to be appointed by the governor,
99	99	661 of whom shall be a formerly incarcerated person; the executive director of Prisoners’ Legal
100	100	67Services of Massachusetts or their designee; and the president of the National Association for the
101	101	68Advancement of Colored People New England Area Conference or a designee.
102	102	69 (c) The commission shall report and file its findings and recommendations, including
103	103	70any legislation, with the clerks of the house of representatives and senate and the joint committee
104	104	71on public safety and security not later than January 1, 2022.