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| 2 | 2 | | HOUSE DOCKET, NO. 4514 FILED ON: 8/9/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 4052 |
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| 4 | 4 | | Sections 50, 85 and 111 contained in the engrossed Bill making appropriations for the fiscal year |
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| 5 | 5 | | 2024 for the maintenance of the departments, boards, commissions, institutions and certain |
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| 6 | 6 | | activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for |
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| 7 | 7 | | certain permanent improvements (see House, No. 4040), which had been returned by Her |
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| 8 | 8 | | Excellency the Governor with recommendation of amendment (for message see Attachment E of |
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| 9 | 9 | | House, No. 4055). August 9, 2023. |
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| 10 | 10 | | The Commonwealth of Massachusetts |
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| 11 | 11 | | _______________ |
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| 12 | 12 | | In the One Hundred and Ninety-Third General Court |
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| 13 | 13 | | (2023-2024) |
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| 14 | 14 | | _______________ |
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| 15 | 15 | | An Act providing for unlimited free phone calls to incarcerated individuals. |
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| 16 | 16 | | Whereas, The deferred operation of this act would tend to defeat its purpose, which is to |
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| 17 | 17 | | provide for unlimited free phone calls to incarcerated individuals, therefore it is hereby declared |
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| 18 | 18 | | to be an emergency law, necessary for the immediate preservation of the public convenience. |
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| 19 | 19 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 20 | 20 | | of the same, as follows: |
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| 21 | 21 | | 1 SECTION 1. Chapter 127 of the General Laws is hereby amended by inserting after |
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| 22 | 22 | | 2section 87 the following section:- |
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| 23 | 23 | | 3 Section 87A. (a) For the purposes of this section, the terms “state correctional facility”, |
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| 24 | 24 | | 4“state prison” and “county correctional facility” shall have the same meanings as those terms are |
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| 25 | 25 | | 5defined in section 1 of chapter 125. |
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| 26 | 26 | | 6 (b) The department of correction and sheriffs shall provide any person committed to a |
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| 27 | 27 | | 7state correctional facility, state prison or county correctional facility, including a jail or house of |
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| 28 | 28 | | 8correction, with voice communication services, including phone calls, free of charge to the 2 of 3 |
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| 29 | 29 | | 9person initiating and the person receiving the communication; provided, however, that voice |
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| 30 | 30 | | 10communication services shall be maximized to the extent possible and no facility shall offer |
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| 31 | 31 | | 11access to voice communication services less than were offered and available at such facilities on |
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| 32 | 32 | | 12July 1, 2023; provided further, that the department of correction and sheriffs shall ensure |
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| 33 | 33 | | 13adequate infrastructure for voice communication services; and provided further, that nothing in |
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| 34 | 34 | | 14this section shall prohibit in-person contact visits. |
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| 35 | 35 | | 15 (c) The department of correction and sheriffs may supplement voice communication |
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| 36 | 36 | | 16services with other communication services, including, but not limited to, video and electronic |
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| 37 | 37 | | 17communication services; provided, however, that other communication services shall not replace |
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| 38 | 38 | | 18voice communication services; and provided further, that other communication services shall be |
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| 39 | 39 | | 19provided free of charge to the person initiating and the person receiving the communication. |
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| 40 | 40 | | 20 SECTION 2. (a) Notwithstanding any general or special law to the contrary, no voice |
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| 41 | 41 | | 21communication services contract in force on the effective date of this act shall be affected by |
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| 42 | 42 | | 22section 87A of chapter 127 of the General Laws, as inserted by section 1; provided, however, |
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| 43 | 43 | | 23that voice communication services shall be free of charge to the person initiating and the person |
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| 44 | 44 | | 24receiving the communication beginning on July 1, 2023; provided further, that other |
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| 45 | 45 | | 25communication services offered pursuant to said section 87A of said chapter 127, including, but |
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| 46 | 46 | | 26not limited to, video and electronic communication services, shall be offered free of charge to the |
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| 47 | 47 | | 27person initiating and the person receiving the communication beginning on July 1, 2023. |
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| 48 | 48 | | 28 (b) Notwithstanding any general or special law to the contrary, upon the expiration of |
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| 49 | 49 | | 29any contract for voice communication services, the department of correction and the sheriffs |
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| 50 | 50 | | 30shall seek to maximize purchasing power and consolidate contracts to the extent feasible; 3 of 3 |
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| 51 | 51 | | 31provided, that not later than January 1, 2024, the department of correction and the sheriffs shall |
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| 52 | 52 | | 32report to the house and senate committees on ways and means and the joint committee on the |
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| 53 | 53 | | 33judiciary on the status of any communication services contracts and plans to consolidate |
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| 54 | 54 | | 34contracts to maximize purchasing power for voice communication services. |
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| 55 | 55 | | 35 (c) Notwithstanding any general or special law to the contrary, any financial incentive |
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| 56 | 56 | | 36received in connection with a voice communication services or other communication services |
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| 57 | 57 | | 37contract, including, but not limited to, a commission, shall revert to the General Fund. |
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| 58 | 58 | | 38 SECTION 3. Section 87A of chapter 127 of the General Laws, as inserted by section 1, |
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| 59 | 59 | | 39shall take effect 60 days after the effective date of this act. |
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