Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2314 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3056 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2314
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Marjorie C. Decker
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 to strengthen family and community connection with incarcerated people.
13	13	_______________
14	14	PETITION OF:
15	15	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
16	16	HOUSE DOCKET, NO. 3056 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2314
18	18	By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 2314) of
19	19	Marjorie C. Decker relative to unreasonable limits on in-person visitation of inmates. Public
20	20	Safety and Homeland Security.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 2440 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act to strengthen family and community connection with incarcerated people.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 Chapter 127 of the General Laws, as appearing in the 2020 Official Edition, is hereby
32	32	2amended by striking out section 36C and inserting in place thereof the following:-
33	33	3 Section 36C.
34	34	4 (1) A correctional institution, jail or house of correction shall not: (i) prohibit, eliminate
35	35	5or unreasonably limit in-person visitation of incarcerated people; or (ii) coerce, compel or
36	36	6otherwise pressure an incarcerated person to forego or limit in-person visitation. For the purposes
37	37	7of this section, to unreasonably limit in-person visitation of incarcerated people shall include, but
38	38	8not be limited to:
39	39	9 (a) providing an incarcerated person fewer than 5 4-hour visiting periods per week; 2 of 8
40	40	10 (b) providing an incarcerated person fewer than 2 visiting periods per day;
41	41	11 (c) providing an incarcerated person with visitation less than 8am through 4pm on
42	42	12Saturdays or Sundays or providing less than one 4-hour visiting period on every holiday;
43	43	13 (d) placing limitations on the number of unique individuals who may be eligible to visit
44	44	14the incarcerated person;
45	45	15 (e) prohibiting an individual from visiting more than one incarcerated person in the
46	46	16custody of the department of correction, or more than one incarcerated person in the same
47	47	17facility, absent an individual determination that such visitation would pose a threat to security or
48	48	18orderly running of the facility;
49	49	19 (f) requiring eligible visitors to submit more private and personal information to be pre-
50	50	20approved to visit than is strictly necessary for the safety and security of the institution and/or
51	51	21without complying with all applicable statutes, regulations, and orders governing the protection
52	52	22of sensitive and/or private personal information;
53	53	23 (g) requiring a visitor to resubmit a pre-approval application because their personal or
54	54	24private information has changed or because they were removed from the visitation list by an
55	55	25incarcerated person or by the institution;
56	56	26 (h) requiring first time visitors traveling from 75 miles or more to be pre-approved, so
57	57	27long as they can pass an on the spot criminal background history and victim notification registry
58	58	28check;
59	59	29 (i) limiting incarcerated people to receiving visitors from a pre-approved list without
60	60	30permitting them to update their list upon request, or limiting incarcerated people to receiving 3 of 8
61	61	31visitors from a pre-approved list without providing a reasonable process for them to request an
62	62	32exception allowing for approval of visitors where visitation could not have been reasonably
63	63	33foreseen. Such requests shall be approved within 10 calendar days absent an individual
64	64	34determination that such visitation would pose a threat to security or orderly running of the
65	65	35facility;
66	66	36 (j) refusing to permit a visitor or visitors who previously visited an incarcerated person
67	67	37without incident or who was on an incarcerated person’s previously approved visitor list to visit
68	68	38that incarcerated person upon his or her admission or transfer to a new facility, absent a specific
69	69	39determination that such visitor(s) would pose a threat to security or orderly running of the
70	70	40facility; or requiring a new pre-approved list of authorized visitors upon an incarcerated person’s
71	71	41admission or transfer to a new facility without permitting at least 2 adult visitors and any of the
72	72	42incarcerated person’s minor children to visit the incarcerated person pending authorization of the
73	73	43person’s visitor applicants;
74	74	44 (k) excluding a visitor from eligibility solely on the basis of their criminal history or
75	75	45status as formerly incarcerated;
76	76	46 (l) excluding a visitor from eligibility solely on the basis of their role, past or present, as a
77	77	47volunteer in a state or federal prison, jail or house of correction;
78	78	48 (m) excluding a visitor from eligibility solely because of their participation in community
79	79	49functions, events, or meetings;
80	80	50 (n) excluding a visitor from eligibility unless there is a reasonable individualized
81	81	51suspicion that their visitation poses a threat to institutional security; the reasonable individualized
82	82	52suspicion shall be articulated in writing to the excluded person and to the incarcerated person 4 of 8
83	83	53they visited or attempted to visit within 5 days of the determination to exclude them, including
84	84	54an expiration date for the exclusion as soon as is reasonable to address the articulated threat and
85	85	55further providing the excluded person the right to appeal their exclusion as well as to have their
86	86	56exclusion re-evaluated after no more than 1 month has passed;
87	87	57 (o) prohibiting an incarcerated person from holding their minor children, failing to
88	88	58provide a designated visiting area for visitors with minor children, or prohibiting incarcerated
89	89	59people or visitors from playing with or instructing their children;
90	90	60 (p) prohibiting incarcerated people and visitors from sitting side by side or from engaging
91	91	61in reasonable physical contact, including but not limited to a brief handshake, touching/holding
92	92	62hands, hug, and closed-mouth kiss during the visit;
93	93	63 (q) prohibiting contact visitation wherever such visitation is feasible;
94	94	64 (r) removing contact visitation as a disciplinary measure for more than 15 days;
95	95	65 (s) implementing a dress code that is unreasonable and/or fails to respect a visitor’s
96	96	66religion, race, class, culture, gender identity, and sexual orientation; “unreasonable” includes but
97	97	67is not limited to restricting religious practices common to the public such as double layer
98	98	68clothing for religious purposes, requiring children ages 12 and under to follow the adult dress
99	99	69code, barring coats with hoods in facilities where visitors have to walk outside to enter the
100	100	70visitation area during inclement weather, barring any clothing or accessory that does not pose a
101	101	71threat to security or the orderly running of the facility or preventing a visitor whose dress was
102	102	72deemed unacceptable from returning during a designated visiting period on the same day with
103	103	73alternate clothing; 5 of 8
104	104	74 (t) turning away a visitor on the basis of a dress code violation without consulting the
105	105	75superintendent, shift commander, or designee, provided, however, that if a visitor is turned away
106	106	76for a dress code violation that the specific reason must be in writing and provided to the visitor
107	107	77upon request;
108	108	78 (u) prohibiting incarcerated people in restrictive housing or any other unit separated or
109	109	79segregated from the general population from having access to the same visitation as people in
110	110	80general population, provided, however, that visits may be restricted for up to 15 days for a
111	111	81disciplinary offense;
112	112	82 (v) failing to provide a separate confidential room for legal visits in each correctional
113	113	83facility;
114	114	84 (w) prohibiting daily access to visitation during all facility or hospital visiting hours
115	115	85should an incarcerated person be transferred to an outside facility or hospital and be in critical
116	116	86condition or in imminent danger of death;
117	117	87 (x) providing any less than one confidential 4-hour visiting period to an incarcerated
118	118	88person who experiences the death, or imminent danger of death, of an immediate family
119	119	89member;
120	120	90 (y) failing to establish a policy that visitation be maximized and as free and
121	121	91unencumbered as possible, provided it is not inconsistent with a facility’s operational and
122	122	92security needs;
123	123	93 (z) failing to allow incarcerated people and visitors to use the restroom during regular
124	124	94visitation hours without being prohibited from resuming the visit after using the restroom; 6 of 8
125	125	95 (aa) using a drug-detection dog to screen minor children who are otherwise conducting a
126	126	96lawful visit, when other drug-detection screening options are available at the facility;
127	127	97 (bb) failing to post and notify organization providing legal representation to prisoners of
128	128	98visitation schedules, including holidays and other foreseeable changes, in the visitor lobby of the
129	129	99facility and online at least 3 weeks in advance;
130	130	100 (cc) prohibiting or otherwise preventing visitation due to routine drills or other routine
131	131	101operations.
132	132	102 (2) All correctional institutions, jails, and houses of correction that require advanced
133	133	103scheduling for in-person visits or video communication shall allow visitors to schedule these
134	134	104online.
135	135	105 (3) A correctional institution, jail or house of correction may use video or other types of
136	136	106electronic devices for communication with visitors; provided, that such communications shall be
137	137	107in addition to and shall not replace in-person visitation, as prescribed in this section.
138	138	108 Video or other such electronic communication with visitors shall not be unreasonably
139	139	109limited, as defined in parts (1)(a)-(cc) of this Section. Any visitor that has been pre-approved for
140	140	110an in-person visit shall be considered automatically pre-approved for video or electronic
141	141	111communication. If such individuals are pre-approved, they may participate in the video visit
142	142	112simultaneously. Video or electronic communication shall be no less than 30 minutes per video or
143	143	113electronic communication session. Minor children shall always be allowed to be on screen with
144	144	114adults during video or other electronic communication, notwithstanding any other rules or
145	145	115procedures to the contrary. Incarcerated people shall not be strip searched prior or subsequently
146	146	116to video or electronic communication with visitors unless there is an individualized and 7 of 8
147	147	117particularized suspicion that justifies such search. There shall be no cost associated with any
148	148	118video or electronic communication with visitors.
149	149	119 Nothing in this section shall prohibit the temporary suspension of visitation privileges for
150	150	120good cause including, but not limited to, misbehavior or during a bonafide emergency.
151	151	121 (4) Every corrections officer, staff, administrator and employee of a correctional
152	152	122institution, jail or house of correction shall be required to attend a bi-annual training session and
153	153	123receive educational information on: (1) the importance of ongoing visitation to individuals who
154	154	124are incarcerated as related to reducing recidivism, violence and increasing successful re-entry,
155	155	125and (2) the importance of civility and respectful conduct toward family members and other
156	156	126members of the public who visit individuals who are incarcerated so as to encourage visitation
157	157	127on a regular basis while maintaining security and (3) awareness and sensitivity to racial, cultural,
158	158	128gender, gender identity, sexuality, disability, and religious needs and differences. Training
159	159	129session materials and educational information shall be developed in consultation with
160	160	130representatives of the Massachusetts Bar Association, the Women’s Bar Association, Prisoners’
161	161	131Legal Services, formerly incarcerated persons, community-based organizations, and community-
162	162	132based re-entry programs, and prior to implementation shall be submitted to the joint committee
163	163	133on the judiciary and the joint committee on public safety and homeland security.
164	164	134 (5) Any corrections officer, staff, administrator, or employee of a correctional institution,
165	165	135jail, or house of correction who refuses training under subsection (4) or otherwise found in
166	166	136violation of any provision of this section shall be prohibited from overseeing or working in
167	167	137visiting areas or visitor processing.
168	168	138 No institution shall restrict and/or limit visiting area capacity 8 of 8
169	169	139 No institution shall enforce department of public health Covid-19 recommendations in a
170	170	140way that restricts and/or limits visiting area capacity; or enforce department of public health
171	171	141recommendations on incarcerated persons and visitors that have not tested positive for Covid-19
172	172	142in a way that restricts and/or limits visiting privileges and/or times.