Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1795 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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HOUSE DOCKET, NO. 799       FILED ON: 1/17/2023
HOUSE . . . . . . . . . . . . . . . No. 1795
The Commonwealth of Massachusetts
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PRESENTED BY:
Chynah Tyler
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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 a jail and prison construction moratorium.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Chynah Tyler7th Suffolk1/17/2023David Henry Argosky LeBoeuf17th Worcester2/14/2023Steven Owens29th Middlesex2/14/2023Lindsay N. Sabadosa1st Hampshire2/14/2023Jack Patrick Lewis7th Middlesex2/14/2023Mike Connolly26th Middlesex2/14/2023Christine P. Barber34th Middlesex2/14/2023Ruth B. Balser12th Middlesex2/14/2023Samantha Montaño15th Suffolk2/14/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/14/2023Adrian C. Madaro1st Suffolk2/14/2023Michelle M. DuBois10th Plymouth2/14/2023Kay Khan11th Middlesex2/14/2023Vanna Howard17th Middlesex2/14/2023Patrick Joseph Kearney4th Plymouth2/14/2023David M. Rogers24th Middlesex2/14/2023Margaret R. Scarsdale1st Middlesex2/14/2023Rob Consalvo14th Suffolk2/21/2023 2 of 2
Jay D. Livingstone8th Suffolk2/21/2023Jason M. LewisFifth Middlesex2/21/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/21/2023 1 of 2
HOUSE DOCKET, NO. 799       FILED ON: 1/17/2023
HOUSE . . . . . . . . . . . . . . . No. 1795
By Representative Tyler of Boston, a petition (accompanied by bill, House, No. 1795) of Chynah 
Tyler and others relative to establishing a jail and prison construction moratorium. The 
Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1905 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act establishing a jail and prison construction moratorium.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to 
establish an immediate prison and jail moratorium, therefore it is hereby declared to be an 
emergency law, necessary 	for the immediate preservation of the public safety and health.
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. Chapter 7C of the General Laws is hereby amended by inserting after 
2section 72 the following section:-
3 Section 73. (a) For the purposes of this section, the term “correctional facility” shall have 
4the same meaning as provided in section 1 of chapter 125.
5 (b) Notwithstanding any general or special law to the contrary, a state agency or public 
6agency shall not: 2 of 2
7 (i) study, plan, design, acquire, lease, search for sites, or construct new correctional 
8facilities or detention centers;
9 (ii) expand the capacity of an existing correctional facility or detention center beyond its 
10current design or rated capacity;
11 (iii) convert any part of an existing or dormant correctional facility or detention center for 
12the purpose of detention or incarceration, including to change or expand the populations 
13incarcerated in that facility or center;
14 (iv) renovate an existing or dormant correctional facility or detention center beyond 
15requirements for maintenance or to comply with building code requirements; or
16 (v) repair an existing or dormant correctional facility or detention center for the purposes 
17of expanding the facility or center, or increasing its bed capacity.
18 
19 SECTION 2. Section 73 of chapter 7C of the General Laws is hereby repealed.
20 
21 SECTION 3. Section 2 shall take effect 5 years after the effective date of this act.