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