Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1477 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1528 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1477
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael J. Barrett
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 improve transparency and accountability in correctional facilities.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Michael J. BarrettThird MiddlesexRebecca L. RauschNorfolk, Worcester and Middlesex2/26/2023Patricia D. JehlenSecond Middlesex2/26/2023 1 of 5
16	16	SENATE DOCKET, NO. 1528 FILED ON: 1/19/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1477
18	18	By Mr. Barrett, a petition (accompanied by bill, Senate, No. 1477) of Michael J. Barrett, Rebecca
19	19	L. Rausch and Patricia D. Jehlen for legislation to improve transparency and accountability in
20	20	correctional facilities. Public Safety and Homeland Security.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act to improve transparency and accountability in correctional facilities.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 127 of the General Laws is hereby amended by inserting after
30	30	2section 36C the following section:- Section 36D. (a) For the purpose of this section, “news media
31	31	3representatives” are persons who are engaged in reporting news for (1) a radio or television
32	32	4program, (2) an online or print newspaper, (3) an online or print magazine, (4) a national or
33	33	5international news service, including wire services, (5) a website or (6) a podcast. Freelance
34	34	6reporters and journalists shall also be considered news media representatives for the purpose of
35	35	7this section.
36	36	8 (b) No correctional institution, state prison, jail or house of correction, the commissioner
37	37	9of correction, hereinafter the commissioner, sheriff, superintendent, correctional officer,
38	38	10employee, contractor or any other staff member shall abridge the right of a person incarcerated in
39	39	11any correctional institution, state prison, jail or house of correction in the commonwealth to
40	40	12confer with any news media representative. Such news media representatives may visit an 2 of 5
41	41	13incarcerated person at such times as may be established under rules promulgated by the
42	42	14commissioner. News media representatives shall have rights to unimpeded, confidential, in
43	43	15person visitation and video conferencing commensurate with the rights of attorneys established
44	44	16in section 36A of this chapter; provided, that there shall be no restrictions on the access of news
45	45	17media representatives due to housing placement or disciplinary sanctions imposed on an
46	46	18incarcerated person for any offense.
47	47	19 (c) All correctional institutions, state prisons, jails and houses of correction shall provide
48	48	20for unimpeded, unmonitored, and confidential telephone communication between news media
49	49	21representatives and incarcerated persons. News media representatives shall be permitted to
50	50	22establish a telephone line which shall be authorized for confidential communication with any
51	51	23incarcerated person. All correctional institutions, state prisons, jails and houses of correction
52	52	24shall provide an online system whereby news media representatives may register their
53	53	25information, including, but not limited to, their email addresses and telephone numbers. The
54	54	26correctional institutions, state prisons, jails and houses of correction shall publish information
55	55	27regarding media access on their websites and provide said information to all incarcerated persons
56	56	28upon entry into such facilities. Ordinary pre-authorization processes, telephone limitations,
57	57	29restrictions and cap limits shall not apply to conversations between incarcerated persons and
58	58	30news media representatives. Incarcerated persons serving disciplinary sanctions shall at all times
59	59	31be permitted telephone access to news media representatives.
60	60	32 (d) Attorneys shall be permitted to bring with them a news media representative on any
61	61	33legal visit with an incarcerated person, including in-person visits, video visits and video
62	62	34conferencing. 3 of 5
63	63	35 (e) Retaliation against any incarcerated person for communication with a news media
64	64	36representative shall be prohibited and punishable by disciplinary action up to and including
65	65	37termination.
66	66	38 (f) The commissioner shall update regulations in accordance with this section.
67	67	39 (g) Sheriffs shall update policies in accordance with this section.
68	68	40 SECTION 2. Section 87 of Chapter 127 of the General Laws is hereby amended by
69	69	41inserting in subsection (a) after the words “the commissioner or any deputy commissioner of
70	70	42correction,” the following words:- any news media representative as defined in section 36D of
71	71	43chapter 127
72	72	44 SECTION 3. Chapter 127 of the General Laws, as appearing in the 2020 Official Edition,
73	73	45is hereby amended by adding the following section:- Section 170. (a) The following data
74	74	46regarding use of force at all correctional institutions, state prisons, jails and houses of correction
75	75	47shall be collected and provided to any person upon request as well as published, quarterly, on the
76	76	48agency’s website and provided quarterly to the Joint Committee on the Judiciary, the Joint
77	77	49Committee on Public Safety and Homeland Security, the Attorney General and the Governor, to
78	78	50review and recommend clear limitations on the use of physical force by state and county
79	79	51correction officers and juvenile detention officers: (1) the number of incidents facility-wide, (2)
80	80	52the number of incidents in any form of segregated confinement, (3) the number of incidents
81	81	53during mental health watches, (4) the number of incidents involving incarcerated people who are
82	82	54being treated for psychiatric disabilities, (5) the number of incidents by race of involved
83	83	55incarcerated people and by race of involved staff, (6) the number of incidents resulting in injury
84	84	56to an incarcerated person, (7) the number of incidents resulting in injury to staff, (8) the number 4 of 5
85	85	57of incidents where any incarcerated person had to be treated at an outside hospital, as well an
86	86	58accounting of the injuries that required treatment, (9) the number of incidents where a
87	87	59correctional officer or any other staff person had to be treated at an outside hospital, as well as an
88	88	60accounting of the injuries that required treatment (10) the number of incidents involving use of
89	89	61chemical agents, (11) the number of incidents involving use of a restraint chair, (12) the number
90	90	62of incidents involving use of any kinetic impact weapon, (13) the number of incidents involving
91	91	63K-9s, and (14) the number of incidents involving any other use of force tool. Each data point
92	92	64shall include a breakdown by planned use of force, spontaneous cell entry and other use of force.
93	93	65 (b) The following data regarding use of force complaints, investigations, and outcomes at
94	94	66all correctional facilities shall be collected and provided to any person upon request as well as
95	95	67published, quarterly, on the agency’s website and provided quarterly to the Joint Committee on
96	96	68the Judiciary, the Joint Committee on Public Safety and Homeland Security, the Attorney
97	97	69General and the Governor: (1) the number of grievances and other complaints alleging that
98	98	70excessive force was used against an incarcerated person, (2) the number of investigations
99	99	71conducted by internal affairs related to use of force and an accounting of the outcomes of those
100	100	72investigations, including all findings and all resulting discipline, (3) a list of all officers,
101	101	73including their current employment status and position, who have been found to have engaged in
102	102	74excessive use of force, and (4) a list of all officers, including their current employment status and
103	103	75position, who have been found to have lied or been otherwise not fully truthful and cooperative
104	104	76in the course of an investigation related to use of force.
105	105	77 (c) An incarcerated person and their legally designated representative shall have the right
106	106	78to obtain a copy of all records relating to any use of force incident involving the incarcerated
107	107	79person, including, but not limited to, written reports, investigations, investigation findings, 5 of 5
108	108	80interviews, video and audio recordings and photographs. All such records must be provided
109	109	81within 10 business days of any request. All such records shall also be public records, except that
110	110	82records access officers must redact the name and identifying information of any involved
111	111	83incarcerated person before providing the records to any requestor who is not the involved
112	112	84incarcerated person or who does not have a release from them.