Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1493 Compare Versions

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

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2	2	SENATE DOCKET, NO. 1406 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1493
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Cynthia Stone Creem
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 relative to rehabilitation, re-entry, and human rights for incarcerated persons.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Cynthia Stone CreemNorfolk and MiddlesexJoanne M. ComerfordHampshire, Franklin and Worcester2/9/2023John J. CroninWorcester and Middlesex2/7/2023Lindsay N. Sabadosa1st Hampshire2/7/2023David Henry Argosky LeBoeuf17th Worcester2/7/2023Thomas M. Stanley9th Middlesex2/10/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/27/2023Patricia D. JehlenSecond Middlesex2/27/2023 1 of 6
16	16	SENATE DOCKET, NO. 1406 FILED ON: 1/19/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1493
18	18	By Ms. Creem, a petition (accompanied by bill, Senate, No. 1493) of Cynthia Stone Creem,
19	19	Joanne M. Comerford, John J. Cronin, Lindsay N. Sabadosa and other members of the General
20	20	Court for legislation relative to rehabilitation, re-entry, and human rights for incarcerated
21	21	persons. Public Safety and Homeland Security.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to rehabilitation, re-entry, and human rights for incarcerated persons.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 127, as appearing in the 2020 Official Edition, is hereby amended
31	31	2by inserting the following new section immediately after section 48B:-
32	32	3 Section 48C:
33	33	4 (a) Definitions. For purposes of this section, the following definitions apply:
34	34	5 “Cell” means any room, area, or space that is not a shared space conducive to
35	35	6meaningful, regular, and congregate social interaction among many people in a group setting,
36	36	7where an individual is held for any purpose.
37	37	8 “Congregate” means more than one person together in a space without barriers between
38	38	9them. 2 of 6
39	39	10 “Out of cell” means a space outside of, and in an area away from, a cell, in a group
40	40	11setting with other people all in the same shared space without physical barriers, conducive to
41	41	12meaningful and regular social interaction and activity.
42	42	13 (b) The commissioner and administrators of state prisons and county facilities shall, by
43	43	14the effective date of this legislation, promulgate regulations to maximize out of cell time and
44	44	15opportunities for participation of incarcerated people in education, training, employment, and all
45	45	16other programming including programming related to rehabilitation, health care, and substance
46	46	17use. At a minimum, the commissioner and administrators of state prisons and county facilities
47	47	18shall ensure that:
48	48	19 (1) All incarcerated people shall have the opportunity to access at least one hour of
49	49	20congregate programming per day which is eligible for good conduct deductions under Mass.
50	50	21Gen. Laws chapter 127 section 129D. Programming in addition to the one hour daily required by
51	51	22this section shall be maximized and may include individual tablet-based programming as well as
52	52	23other individual and congregate programming.
53	53	24 (2) All incarcerated people shall have the opportunity to access vocational and
54	54	25educational training and work opportunities, including in the community. Community
55	55	26partnerships for vocational training shall be maximized, and vocational training shall be updated
56	56	27in accordance with evolving community needs to increase the potential for successful re-entry.
57	57	28 (3) All incarcerated people shall have the opportunity to earn good conduct deductions
58	58	29pursuant to Mass. Gen. Laws chapter 127 section 129D every month through a combination of
59	59	30in-person and virtual education, vocational, and rehabilitation programming and work. 3 of 6
60	60	31 (4) All incarcerated people shall have the opportunity to create organizations and affinity
61	61	32groups for peer support, peer-led programming, and self-improvement.
62	62	33 (5) Except for operational emergencies, all incarcerated people shall be offered at least
63	63	34eight hours out of cell per day. Incarcerated people shall not be handcuffed, shackled, restrained
64	64	35to a chair or table, or otherwise restrained during out of cell time.
65	65	36 (6) All incarcerated people shall have access to at least one hour of congregate fresh air
66	66	37recreation outdoors where they can reasonably move around, exercise and have social interaction
67	67	38without physical barriers or mechanical restraints per day. Weather permitting, this recreation
68	68	39shall be offered in an uncovered location.
69	69	40 (7) All incarcerated people shall be treated with dignity and cultural sensitivity and shall
70	70	41not be discriminated against on the basis of age, race, ethnicity, sexuality, gender identity,
71	71	42citizenship status, disability, alleged or charged crime.
72	72	43 (8) All incarcerated people shall receive access to in-person visitations at least in
73	73	44accordance with Mass. Gen. Laws chapter 127 section 36C.
74	74	45 (9) All incarcerated people shall have access to commissary on a weekly basis that is
75	75	46appropriate for their race, culture and gender identity, and commissary shall not be restricted
76	76	47unless the Superintendent makes an individualized determination that such restriction is
77	77	48necessary, explained in writing. Prices for items shall be in line with community prices and state
78	78	49or county correctional facilities shall not charge more than 3 percent over the purchase cost for
79	79	50commissary items. Culturally, racially, gender appropriate, and gender affirming items shall be
80	80	51made equally available as all other items. Incarcerated Black, Indigenous, and people of color
81	81	52shall be permitted to provide input at least quarterly on what items are deemed racially and 4 of 6
82	82	53culturally appropriate. Incarcerated women, transgender, and gender nonconforming people shall
83	83	54be permitted to provide input at least quarterly on what items are deemed appropriate and
84	84	55affirming for their gender identity. The catalogue of items shall be made accessible to
85	85	56incarcerated people and the public. The department of correction and sheriffs shall maximize
86	86	57opportunities to purchase commissary items in bulk and shall not receive revenue, financial
87	87	58incentives or commissions, in any contract with suppliers of commissary items. Any service,
88	88	59benefit or program for incarcerated people to which commissary commissions were specifically
89	89	60designated in fiscal year 2023 including, but not limited to, the Inmate Benefit Fund, The Law
90	90	61Library and the Central Program Account in the state prison system, shall be funded by the
91	91	62department of correction and the sheriffs at not less than the level of funding in fiscal year 2023.
92	92	63 (10) All incarcerated people shall receive medical care, substance use disorder treatment,
93	93	64and mental health care in line with the community standard of care, state regulations, and agency
94	94	65contracts.
95	95	66 (11) All incarcerated people shall have access to water quality that meets the
96	96	67Massachusetts Department of Environmental Protection's most recent standards and guidelines
97	97	68for contaminants in Massachusetts drinking water, daily showers, and flushable toilets.
98	98	69 (12) All incarcerated people shall have access to a library where they can access legal and
99	99	70other reading materials at least three times weekly.
100	100	71 (13) All correctional facilities must maintain temperatures in every habitable area of at
101	101	72least 68°F, between 7:00 A.M. and 11:00 P.M, and at least 64°F, between 11:01 P.M. and 6:59
102	102	73A.M. The temperature should at no time exceed 78°F. 5 of 6
103	103	74 (c) The Commissioner shall collect data from the counties and publish a snapshot report
104	104	75on January first of each year with, for each state prison, county jail and house of correction, (1)
105	105	76how many people are in custody (2) how many people are enrolled in an educational program,
106	106	77and how many of those are earning good conduct deductions (3) how many people are enrolled
107	107	78in a rehabilitative program, and how many of those are earning sentence reduction credits (4)
108	108	79how many people are enrolled in vocational training, and how many of those are earning
109	109	80sentence reduction credits (5) how many people are working in a community based job,
110	110	81community based vocational program, or community based educational program and (6) how
111	111	82many people have at least eight hours out of cell daily as defined by this section.
112	112	83 SECTION 2. Section 48 of Chapter 127, as appearing in the 2020 Official Edition, is
113	113	84hereby amended by striking the second paragraph and inserting in place thereof the following:-
114	114	85The commissioner shall ensure that each facility provide educational programs that earn high
115	115	86school credit toward graduation, vocational classes, and high school equivalency classes and
116	116	87certificate programming to all persons who are committed to the custody of the department or to
117	117	88a county correctional facility who have not obtained a high school degree or equivalency. These
118	118	89educational programs shall be provided regardless of classification or disciplinary status. The
119	119	90commissioner shall ensure that each facility provide community college or four year college
120	120	91programming for all students who have already received a high school diploma or equivalency
121	121	92and who express interest in higher education. In addition to each such facility providing at least
122	122	93one general high school equivalency (GED) class, each facility shall also include specialized,
123	123	94age-appropriate educational classes for emerging adults, including all individuals ages 18 thru
124	124	9525, for both individuals who have and have not obtained a high school degree or equivalency,
125	125	96including but not limited to: (1) classes that earn credit toward high school graduation; (2) 6 of 6
126	126	97special education classes and supports in line with the educational goals identified in students’
127	127	98individualized educational programs, (3) high school equivalency classes and testing
128	128	99opportunities; (4) vocational education classes, (5) college and workforce readiness classes; and
129	129	100(6) credit-bearing community college and college classes. All emerging adults shall have the
130	130	101opportunity to access at least 4 hours of educational programming daily at least five days a week.
131	131	102 SECTION 3. This legislation shall come into effect 120 days after passage.