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HOUSE DOCKET, NO. 2428 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 2350
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Kay Khan and Priscila S. Sousa
_________________
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 ensure compliance with the anti-shackling law for pregnant incarcerated women.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Kay Khan11th Middlesex1/17/2023Priscila S. Sousa6th Middlesex1/30/2023Carmine Lawrence Gentile13th Middlesex1/30/2023Michael J. BarrettThird Middlesex1/31/2023Michelle M. DuBois10th Plymouth2/7/2023Colleen M. Garry36th Middlesex2/8/2023Hannah Kane11th Worcester2/10/2023Samantha Montaño15th Suffolk2/13/2023Lindsay N. Sabadosa1st Hampshire2/15/2023Danillo A. Sena37th Middlesex2/15/2023Carol A. Doherty3rd Bristol2/20/2023Natalie M. Higgins4th Worcester2/23/2023James C. Arena-DeRosa8th Middlesex3/9/2023 1 of 3
HOUSE DOCKET, NO. 2428 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 2350
By Representatives Khan of Newton and Sousa of Framingham, a petition (accompanied by bill,
House, No. 2350) of Kay Khan, Priscila S. Sousa and others for legislation to further amend the
anti-shackling statute for incarcerated pregnant women. Public Safety and Homeland Security.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2481 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act to ensure compliance with the anti-shackling law for pregnant incarcerated women.
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. Subsection (b) of section 118 of chapter 127 of the General Laws, as
2appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:-
3 For the purposes of this section, “postpartum recovery” shall mean the time period that
4occurs immediately following childbirth up to a minimum of 6 weeks, or longer as determined
5by a physician.
6 SECTION 2. Said section 118 of chapter 127, as so appearing, is hereby further amended
7by striking out the words “post-delivery recuperation” in lines 45 and 62, in each instance, and
8inserting in place thereof the following words:- “postpartum recovery”. 2 of 3
9 SECTION 3. Said section 118 of chapter 127, as so appearing, is hereby further amended
10by inserting, in line 46, after the word “physician” the following words:- “or emergency medical
11personnel”.
12 SECTION 4. Said section 118 of chapter 127, as so appearing, is hereby further amended
13by inserting, in line 72, after the word “inmate” the following words:- “under any circumstances
14or in any setting”
15 SECTION 5. Said section 118 of chapter 127, as so appearing, is hereby further amended
16by inserting, in line 78, after the word “superintendent” the following words:- “of a state
17correctional facility or administrator of a county facility.”
18 SECTION 6. Said section 118 of chapter 127, as so appearing, is hereby further amended
19by adding the following 3 paragraphs:-
20 The commissioner of correction and administrator of each county correctional facility
21shall require annual training of staff members who transport or supervise female prisoners as to
22the provisions of this section.
23 Any time restraints are used on a pregnant or postpartum inmate, the superintendent of a
24state correctional facility or administrator of a county correctional facility shall submit a report
25within 48 hours to the secretary of public safety and security, which shall include the date, time,
26duration, location and the rationale for the use of restraints, provided, however, that such reports
27shall not contain individually identifying information.
28 The secretary of public safety shall submit to the legislature a public report detailing
29compliance with this section, including all incidents involving use of restraints which shall be 3 of 3
30filed no later than July 1 of each year with the clerks of the senate and house of representatives,
31the chairs of the joint committee on public safety and homeland security and the chairs of the
32joint committee on the judiciary.