Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1499 Compare Versions

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

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2	2	SENATE DOCKET, NO. 447 FILED ON: 1/15/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1499
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Julian Cyr
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 promote rehabilitation including guaranteed health, treatment, and safety for
13	13	incarcerated LGBTQI+ People.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :Julian CyrCape and IslandsJack Patrick Lewis7th Middlesex1/23/2023Lindsay N. Sabadosa1st Hampshire2/22/2023Rebecca L. RauschNorfolk, Worcester and Middlesex3/7/2023 1 of 7
17	17	SENATE DOCKET, NO. 447 FILED ON: 1/15/2023
18	18	SENATE . . . . . . . . . . . . . . No. 1499
19	19	By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1499) of Julian Cyr, Jack Patrick
20	20	Lewis, Lindsay N. Sabadosa and Rebecca L. Rausch for legislation to promote rehabilitation
21	21	including guaranteed health, treatment, and safety for incarcerated LGBTQI+ people. Public
22	22	Safety and Homeland Security.
23	23	[SIMILAR MATTER FILED IN PREVIOUS SESSION
24	24	SEE SENATE, NO. 1566 OF 2021-2022.]
25	25	The Commonwealth of Massachusetts
26	26	_______________
27	27	In the One Hundred and Ninety-Third General Court
28	28	(2023-2024)
29	29	_______________
30	30	An Act to promote rehabilitation including guaranteed health, treatment, and safety for
31	31	incarcerated LGBTQI+ People.
32	32	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
33	33	of the same, as follows:
34	34	1 SECTION 1. Section 13 of chapter 125 of the General Laws is hereby amended by
35	35	2adding the following paragraph:-
36	36	3 The superintendent of each state correctional facility and administrator of each county
37	37	4correctional facility shall designate 1 staff member as the LGBTQI+ coordinator. The LGBTQI+
38	38	5coordinator shall: (i) ensure compliance with housing compatibility standards; (ii) coordinate
39	39	6education, employment, and program placement for incarcerated persons who are LGBTQI+, as
40	40	7defined in section 1 of chapter 127; (iii) support self-facilitated LGBTQ+ groups and leisure
41	41	8activities as defined in section 32C; (iv) after consulting with incarcerated persons, ensure at
42	42	9least one periodical is available in each institutional library pertaining to living well with HIV 2 of 7
43	43	10and at least one periodical pertaining to the LGBTQI+ community, and (v) perform other
44	44	11necessary responsibilities. The LGBTQI+ coordinator shall not be the institutional PREA officer
45	45	12appointed pursuant to section 32B of chapter 127.
46	46	13 SECTION 2. Section 1 of chapter 127 of the General Laws, and section 1 of chapter 125
47	47	14as so appearing, is hereby amended by inserting the following definitions:-
48	48	15 “LGBTQI+”, lesbian, gay, bisexual, transgender, queer, intersex or not conforming to a
49	49	16specific gender identity or sexual orientation.
50	50	17 "General Population", any housing placement where an incarcerated person is not held in
51	51	18restrictive housing. In no event shall any general population unit have conditions that are similar
52	52	19to or more restrictive than restrictive housing. These conditions shall include an incarcerated
53	53	20person’s access to: out of cell time; the yard, gym, and other recreational spaces; the law library;
54	54	21religious services; canteen; all personal property; visitation, including both the total available
55	55	22visitation time and the opportunity for contact visits; telephones and video visits; opportunities to
56	56	23earn a wage, and opportunities to earn good time. All such access shall be maximized as much as
57	57	24possible.
58	58	25 “Incarcerated Person”, inmate or prisoner.
59	59	26 “Consensual”, free from fraud, force, or coercion, provided, however, that relations
60	60	27involving correctional officers and incarcerated persons shall not be deemed consensual.
61	61	28 SECTION 3. Said chapter 127, as so appearing, is hereby amended by inserting after
62	62	29section 21 the following section:-  3 of 7
63	63	30 Section 21A. Upon intake at a correctional facility, each incarcerated person shall be
64	64	31provided an opportunity to voluntarily disclose their sexual orientation and gender identity,
65	65	32provided further that this information may be disclosed and documented at any time. The
66	66	33information provided shall only be made available to the LGBTQI+ coordinator and any other
67	67	34staff persons designated by the commissioner of correction or sheriff; provided, however that the
68	68	35commissioner and sheriffs shall minimize access to sensitive information. Aggregated data on
69	69	36the number of incarcerated persons who voluntarily disclosed their sexual orientation and gender
70	70	37identity shall be made publicly available on an annual basis for each correctional facility;
71	71	38provided, however, that the report shall not include any personally identifiable information.
72	72	39 SECTION 4. Section 22 of said chapter 127, as so appearing, is hereby amended by
73	73	40adding the following paragraph:-
74	74	41 Upon intake at a correctional facility, each incarcerated person shall be provided an
75	75	42opportunity to voluntarily disclose homophobic or transphobic sentiments, provided further that
76	76	43this information may be disclosed and documented at any time. Anyone who discloses, is
77	77	44reasonably reported to harbor, or demonstrates behavior consistent with homophobic or
78	78	45transphobic sentiments shall not be housed in the same cell or housing unit as someone who
79	79	46identifies as LGBTQI+; provided that no person shall be punished for disclosure or
80	80	47nondisclosure of such information. Information obtained consistent with this section shall not be
81	81	48shared with the Department of Probation or the Parole Board.
82	82	49 SECTION 5. Said chapter 127, as so appearing, is hereby amended by inserting after
83	83	50section 32A the following 2 sections:- 4 of 7
84	84	51 Section 32B. For the purposes of this section, the term “superintendent” shall mean the
85	85	52superintendent of each state correctional facility and administrator of each county correctional
86	86	53facility.
87	87	54 Each correctional facility shall make anonymized, aggregate data related to the federal
88	88	55Prison Rape Elimination Act of 2003, codified in 34 U.S.C. §§ 30301 to 30309, inclusive,
89	89	56hereinafter PREA, publicly available on their website annually.
90	90	57 For each PREA investigation conducted, the correctional facility shall make publicly
91	91	58available on their website the factual basis for the PREA investigation, including, but not limited
92	92	59to, whether it was initiated by staff, an incarcerated person, or a third party. In addition, the
93	93	60factual basis upon which it was initiated shall include a detailed description of the alleged
94	94	61incident, who initiated the investigation, whether the investigated behavior was consensual, and
95	95	62the general location of the alleged incident, provided further, the department will report on the
96	96	63race, age, disability status, sexual orientation and gender identity of incarcerated persons
97	97	64involved delineated by whether they were a victim, perpetrator, or consensual party to said
98	98	65investigated behavior; provided however, that the detailed description of the complaint shall not
99	99	66include any personally identifiable information of incarcerated persons.
100	100	67 For each PREA investigation conducted, each correctional facility shall make publicly
101	101	68available on their website a detailed summary of the investigation and factual basis for the
102	102	69investigatory outcome including the evidence relied upon and steps taken to respond to the
103	103	70allegation; provided however, that the detailed summary of the investigation shall not include
104	104	71any personally identifiable information of incarcerated persons. 5 of 7
105	105	72 Annually, each correctional facility shall make publicly available on their website all
106	106	73documents normally provided to the federal Bureau of Justice Statistics pursuant to 34 U.S.C. §
107	107	7430303; provided however, that said documents shall not include any personally identifiable
108	108	75information of incarcerated persons.
109	109	76 All formal or informal institutional grievances and federal Americans With Disabilities
110	110	77Act requests related to sexual violence or the general wellbeing of LGBTQI+ persons and those
111	111	78living with HIV  shall be redacted and made publicly available on each correctional facility’s
112	112	79website; provided, that said documents shall not include any personally identifiable information
113	113	80of incarcerated persons.
114	114	81 Section 32C.  Each correctional facility shall provide meaningful opportunities for
115	115	82LGBTQI+ incarcerated persons to: (i) congregate; (ii) form and self-facilitate self-help groups;
116	116	83(iii) receive LGBTQI+ themed literature in the institutional library, including one commonly
117	117	84read periodical about living well with HIV and one commonly read periodical about the
118	118	85LGBTQI+ community; (iv) watch LGBTQI+ movies free of charge; and (v) celebrate June as
119	119	86pride month. Provided further, each correctional facility shall allow visitors to participate in
120	120	87subsection (ii) and subsection (v).
121	121	88 SECTION 6. Section 38F of said chapter 127, as so appearing, is hereby amended by
122	122	89adding the following sentence:- Any claim that is directly related to sexual violence by an
123	123	90incarcerated person that may be the subject of a grievance pursuant to said section 38E shall be
124	124	91deemed exhausted.
125	125	92 SECTION 7. Section 39A of said chapter 127, as so appearing, is hereby amended by
126	126	93striking out subsection (c) and inserting in place thereof the following subsection:- 6 of 7
127	127	94 (c) The fact that an incarcerated person identifies as LGBTQI+ shall not be grounds for
128	128	95placement in restrictive housing or removal from the general population, provided however, that
129	129	96an incarcerated person may request to be removed from the general population for their own
130	130	97safety at any time.
131	131	98 SECTION 8. Section 39A of said chapter 127, as so appearing, is hereby further amended
132	132	99by striking out subsection (f) and inserting in place thereof the following 4 subsections:-
133	133	100 (f) No incarcerated person shall be placed in restrictive housing or removed from general
134	134	101population for reporting an act of sexual violence in good faith, provided that an incarcerated
135	135	102person may request to be removed from general population for their own safety at any time.
136	136	103 (g) No incarcerated person who engages in consensual sex shall be removed from general
137	137	104population. Provided further, such behavior shall not be grounds for removal of visitation, or
138	138	105phone privileges, provided further, any guilty finding on a disciplinary report shall not be used in
139	139	106determining the classification status or parole eligibility of an incarcerated person.
140	140	107 (h) Public displays of affection, including but not limited to handshakes, hugs, touching
141	141	108of another's hair and other forms of non-sexual contact, shall not be subject to disciplinary
142	142	109action, nor shall such incidents be used as a basis to punish or penalize an incarcerated person in
143	143	110any way.
144	144	111 (i) An incarcerated person shall not be confined to restrictive housing except pursuant to
145	145	112section 39 or this section.
146	146	113 SECTION 9. Section 16 of said chapter 127, as so appearing, is hereby amended by
147	147	114adding the following 3 sections:  7 of 7
148	148	115 16A: Each correctional facility shall ensure that an incarcerated person that requests
149	149	116access to medication to prevent the transmission of HIV be provided such medication at no cost
150	150	117to the incarcerated person, provided further, that reasons for requesting said medication shall be
151	151	118kept confidential between the medical provider and incarcerated person and not be shared with
152	152	119security or administrative staff, provided however, that said medication shall only be provided if
153	153	120clinically appropriate.
154	154	121 16B: Each correctional facility shall ensure that any incarcerated person prescribed
155	155	122medication to prevent the transmission of HIV or to control and manage HIV, whether held on
156	156	123pre-trial or committed status, shall be provided a thirty day supply upon release from custody.
157	157	124 16C: Each correctional facility shall ensure that an incarcerated person prescribed
158	158	125medication to control and manage HIV shall be permitted to keep said medication on their
159	159	126person or in their cell to ensure regular and timely dosage of said medication.