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HOUSE DOCKET, NO. 3056 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 2314
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Marjorie C. Decker
_________________
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 to strengthen family and community connection with incarcerated people.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex1/19/2023Russell E. Holmes6th Suffolk3/13/2023Jack Patrick Lewis7th Middlesex3/13/2023David Henry Argosky LeBoeuf17th Worcester3/13/2023Lindsay N. Sabadosa1st Hampshire3/13/2023James B. EldridgeMiddlesex and Worcester3/13/2023Carol A. Doherty3rd Bristol3/13/2023Erika Uyterhoeven27th Middlesex3/13/2023Samantha Montaño15th Suffolk3/13/2023Sal N. DiDomenicoMiddlesex and Suffolk3/13/2023Michelle L. Ciccolo15th Middlesex3/13/2023 1 of 8
HOUSE DOCKET, NO. 3056 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 2314
By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 2314) of
Marjorie C. Decker relative to unreasonable limits on in-person visitation of inmates. Public
Safety and Homeland Security.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2440 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act to strengthen family and community connection with incarcerated people.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 127 of the General Laws, as appearing in the 2020 Official Edition, is hereby
2amended by striking out section 36C and inserting in place thereof the following:-
3 Section 36C.
4 (1) A correctional institution, jail or house of correction shall not: (i) prohibit, eliminate
5or unreasonably limit in-person visitation of incarcerated people; or (ii) coerce, compel or
6otherwise pressure an incarcerated person to forego or limit in-person visitation. For the purposes
7of this section, to unreasonably limit in-person visitation of incarcerated people shall include, but
8not be limited to:
9 (a) providing an incarcerated person fewer than 5 4-hour visiting periods per week; 2 of 8
10 (b) providing an incarcerated person fewer than 2 visiting periods per day;
11 (c) providing an incarcerated person with visitation less than 8am through 4pm on
12Saturdays or Sundays or providing less than one 4-hour visiting period on every holiday;
13 (d) placing limitations on the number of unique individuals who may be eligible to visit
14the incarcerated person;
15 (e) prohibiting an individual from visiting more than one incarcerated person in the
16custody of the department of correction, or more than one incarcerated person in the same
17facility, absent an individual determination that such visitation would pose a threat to security or
18orderly running of the facility;
19 (f) requiring eligible visitors to submit more private and personal information to be pre-
20approved to visit than is strictly necessary for the safety and security of the institution and/or
21without complying with all applicable statutes, regulations, and orders governing the protection
22of sensitive and/or private personal information;
23 (g) requiring a visitor to resubmit a pre-approval application because their personal or
24private information has changed or because they were removed from the visitation list by an
25incarcerated person or by the institution;
26 (h) requiring first time visitors traveling from 75 miles or more to be pre-approved, so
27long as they can pass an on the spot criminal background history and victim notification registry
28check;
29 (i) limiting incarcerated people to receiving visitors from a pre-approved list without
30permitting them to update their list upon request, or limiting incarcerated people to receiving 3 of 8
31visitors from a pre-approved list without providing a reasonable process for them to request an
32exception allowing for approval of visitors where visitation could not have been reasonably
33foreseen. Such requests shall be approved within 10 calendar days absent an individual
34determination that such visitation would pose a threat to security or orderly running of the
35facility;
36 (j) refusing to permit a visitor or visitors who previously visited an incarcerated person
37without incident or who was on an incarcerated person’s previously approved visitor list to visit
38that incarcerated person upon his or her admission or transfer to a new facility, absent a specific
39determination that such visitor(s) would pose a threat to security or orderly running of the
40facility; or requiring a new pre-approved list of authorized visitors upon an incarcerated person’s
41admission or transfer to a new facility without permitting at least 2 adult visitors and any of the
42incarcerated person’s minor children to visit the incarcerated person pending authorization of the
43person’s visitor applicants;
44 (k) excluding a visitor from eligibility solely on the basis of their criminal history or
45status as formerly incarcerated;
46 (l) excluding a visitor from eligibility solely on the basis of their role, past or present, as a
47volunteer in a state or federal prison, jail or house of correction;
48 (m) excluding a visitor from eligibility solely because of their participation in community
49functions, events, or meetings;
50 (n) excluding a visitor from eligibility unless there is a reasonable individualized
51suspicion that their visitation poses a threat to institutional security; the reasonable individualized
52suspicion shall be articulated in writing to the excluded person and to the incarcerated person 4 of 8
53they visited or attempted to visit within 5 days of the determination to exclude them, including
54an expiration date for the exclusion as soon as is reasonable to address the articulated threat and
55further providing the excluded person the right to appeal their exclusion as well as to have their
56exclusion re-evaluated after no more than 1 month has passed;
57 (o) prohibiting an incarcerated person from holding their minor children, failing to
58provide a designated visiting area for visitors with minor children, or prohibiting incarcerated
59people or visitors from playing with or instructing their children;
60 (p) prohibiting incarcerated people and visitors from sitting side by side or from engaging
61in reasonable physical contact, including but not limited to a brief handshake, touching/holding
62hands, hug, and closed-mouth kiss during the visit;
63 (q) prohibiting contact visitation wherever such visitation is feasible;
64 (r) removing contact visitation as a disciplinary measure for more than 15 days;
65 (s) implementing a dress code that is unreasonable and/or fails to respect a visitor’s
66religion, race, class, culture, gender identity, and sexual orientation; “unreasonable” includes but
67is not limited to restricting religious practices common to the public such as double layer
68clothing for religious purposes, requiring children ages 12 and under to follow the adult dress
69code, barring coats with hoods in facilities where visitors have to walk outside to enter the
70visitation area during inclement weather, barring any clothing or accessory that does not pose a
71threat to security or the orderly running of the facility or preventing a visitor whose dress was
72deemed unacceptable from returning during a designated visiting period on the same day with
73alternate clothing; 5 of 8
74 (t) turning away a visitor on the basis of a dress code violation without consulting the
75superintendent, shift commander, or designee, provided, however, that if a visitor is turned away
76for a dress code violation that the specific reason must be in writing and provided to the visitor
77upon request;
78 (u) prohibiting incarcerated people in restrictive housing or any other unit separated or
79segregated from the general population from having access to the same visitation as people in
80general population, provided, however, that visits may be restricted for up to 15 days for a
81disciplinary offense;
82 (v) failing to provide a separate confidential room for legal visits in each correctional
83facility;
84 (w) prohibiting daily access to visitation during all facility or hospital visiting hours
85should an incarcerated person be transferred to an outside facility or hospital and be in critical
86condition or in imminent danger of death;
87 (x) providing any less than one confidential 4-hour visiting period to an incarcerated
88person who experiences the death, or imminent danger of death, of an immediate family
89member;
90 (y) failing to establish a policy that visitation be maximized and as free and
91unencumbered as possible, provided it is not inconsistent with a facility’s operational and
92security needs;
93 (z) failing to allow incarcerated people and visitors to use the restroom during regular
94visitation hours without being prohibited from resuming the visit after using the restroom; 6 of 8
95 (aa) using a drug-detection dog to screen minor children who are otherwise conducting a
96lawful visit, when other drug-detection screening options are available at the facility;
97 (bb) failing to post and notify organization providing legal representation to prisoners of
98visitation schedules, including holidays and other foreseeable changes, in the visitor lobby of the
99facility and online at least 3 weeks in advance;
100 (cc) prohibiting or otherwise preventing visitation due to routine drills or other routine
101operations.
102 (2) All correctional institutions, jails, and houses of correction that require advanced
103scheduling for in-person visits or video communication shall allow visitors to schedule these
104online.
105 (3) A correctional institution, jail or house of correction may use video or other types of
106electronic devices for communication with visitors; provided, that such communications shall be
107in addition to and shall not replace in-person visitation, as prescribed in this section.
108 Video or other such electronic communication with visitors shall not be unreasonably
109limited, as defined in parts (1)(a)-(cc) of this Section. Any visitor that has been pre-approved for
110an in-person visit shall be considered automatically pre-approved for video or electronic
111communication. If such individuals are pre-approved, they may participate in the video visit
112simultaneously. Video or electronic communication shall be no less than 30 minutes per video or
113electronic communication session. Minor children shall always be allowed to be on screen with
114adults during video or other electronic communication, notwithstanding any other rules or
115procedures to the contrary. Incarcerated people shall not be strip searched prior or subsequently
116to video or electronic communication with visitors unless there is an individualized and 7 of 8
117particularized suspicion that justifies such search. There shall be no cost associated with any
118video or electronic communication with visitors.
119 Nothing in this section shall prohibit the temporary suspension of visitation privileges for
120good cause including, but not limited to, misbehavior or during a bonafide emergency.
121 (4) Every corrections officer, staff, administrator and employee of a correctional
122institution, jail or house of correction shall be required to attend a bi-annual training session and
123receive educational information on: (1) the importance of ongoing visitation to individuals who
124are incarcerated as related to reducing recidivism, violence and increasing successful re-entry,
125and (2) the importance of civility and respectful conduct toward family members and other
126members of the public who visit individuals who are incarcerated so as to encourage visitation
127on a regular basis while maintaining security and (3) awareness and sensitivity to racial, cultural,
128gender, gender identity, sexuality, disability, and religious needs and differences. Training
129session materials and educational information shall be developed in consultation with
130representatives of the Massachusetts Bar Association, the Women’s Bar Association, Prisoners’
131Legal Services, formerly incarcerated persons, community-based organizations, and community-
132based re-entry programs, and prior to implementation shall be submitted to the joint committee
133on the judiciary and the joint committee on public safety and homeland security.
134 (5) Any corrections officer, staff, administrator, or employee of a correctional institution,
135jail, or house of correction who refuses training under subsection (4) or otherwise found in
136violation of any provision of this section shall be prohibited from overseeing or working in
137visiting areas or visitor processing.
138 No institution shall restrict and/or limit visiting area capacity 8 of 8
139 No institution shall enforce department of public health Covid-19 recommendations in a
140way that restricts and/or limits visiting area capacity; or enforce department of public health
141recommendations on incarcerated persons and visitors that have not tested positive for Covid-19
142in a way that restricts and/or limits visiting privileges and/or times.