MA
Massachusetts Senate Bill S1548

Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1548 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 1 of 1
22 SENATE DOCKET, NO. 2071 FILED ON: 1/20/2023
33 SENATE . . . . . . . . . . . . . . No. 1548
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Liz Miranda
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act establishing a correctional inspector general office.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Liz MirandaSecond SuffolkWilliam N. BrownsbergerSuffolk and Middlesex1/24/2023Patricia D. JehlenSecond Middlesex3/6/2023 1 of 17
1616 SENATE DOCKET, NO. 2071 FILED ON: 1/20/2023
1717 SENATE . . . . . . . . . . . . . . No. 1548
1818 By Ms. Miranda, a petition (accompanied by bill, Senate, No. 1548) of Liz Miranda, William N.
1919 Brownsberger and Patricia D. Jehlen for legislation to establish a correctional inspector general
2020 office. Public Safety and Homeland Security.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Third General Court
2424 (2023-2024)
2525 _______________
2626 An Act establishing a correctional inspector general office.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1. Clause twenty-six of section 7 of chapter 4 of the general laws is hereby
3030 2amended by inserting after subclause (v) the following subclause:
3131 3 (w) information and records acquired under chapter XX by the office of the corrections
3232 4inspector general.
3333 5 SECTION 2. The General Laws are hereby amended by inserting after chapter XX the
3434 6following chapter:-
3535 7 CHAPTER XX
3636 8 CORRECTIONAL TRANSPARENCY AND ACCOUNTABILITY
3737 9 Section 1. Definitions 2 of 17
3838 10 As used in this chapter, unless the context otherwise requires, the following words shall
3939 11have the following meanings:
4040 12 “correctional facility”, any building, enclosure, space, structure, or vehicle used for the
4141 13custody, control and rehabilitation of committed offenders or of such other persons as may be
4242 14placed in custody therein in accordance with law regardless of whether the facility is owned,
4343 15operated, or controlled by a county sheriff or by the department of correction; provided however,
4444 16this shall not include the facilities operated by the department of youth services;
4545 17 “department”, the department of correction;
4646 18 “division”, the division of the correctional ombuds, as established by section 7;
4747 19 “incarcerated person”, a committed offender or such other person as is placed in custody
4848 20in a correctional facility in accordance with law;
4949 21 “office”, the office of corrections inspector general, as established by section 2;
5050 22 “underrepresented population”, groups who traditionally, or historically, have not had
5151 23equal access to opportunities because of discrimination or other societal barriers. This may
5252 24include race, gender, gender identity, ethnicity, sexual orientation, or disability.
5353 25 Section 2. Establishment of office; appointment and removal of corrections inspector
5454 26general
5555 27 There is hereby established an office of the corrections inspector general, hereinafter
5656 28called the office. There shall be in said office a corrections inspector general, who shall be the
5757 29administrative head of said office and shall devote full-time to the duties of the office. The
5858 30corrections inspector general shall be appointed by a majority vote of the attorney general, the 3 of 17
5959 31state auditor and the treasurer from a list of 3 nominees submitted by a nominating committee to
6060 32recommend a corrections inspector general. The nominating committee shall consist of: the
6161 33secretary of the executive office of public safety and security; the secretary of health and human
6262 34services; the commissioner of the department of corrections; the executive director of the
6363 35Massachusetts Sheriff’s Association; the commissioner of mental health; the commissioner of
6464 36public health; an attorney who shall be designated by Prisoner’s Legal Services; a representative
6565 37who shall be designated by Families for Justice as Healing; an attorney who shall be designated
6666 38by the Committee for Public Counsel Services; a representative who shall be designated by the
6767 39Disability Law Center; a representative who shall be designated by the Massachusetts Bar
6868 40Association; a person with experience in the criminal justice system who shall be designated by
6969 41the chief justice of the trial court; and a representative who shall be designated by the
7070 42Massachusetts Correction Officers Federated Union. The work of the nominating committee
7171 43shall be coordinated by the executive office of public safety and security.
7272 44 Any person appointed to the position of corrections inspector general shall be selected
7373 45without regard to political affiliation and solely on the basis of integrity and knowledge of
7474 46correctional law, policy and practice. Any person so appointed shall be a civilian and shall not
7575 47have been or have any immediate family members who were previously employed in the
7676 48department of correction, employed in any county sheriff office, or served as a sheriff. Any
7777 49person so appointed shall be a resident of the commonwealth within 90 days of appointment and
7878 50shall not: (i) hold, or be a candidate for, federal, state or local elected office; (ii) hold an
7979 51appointed office in a federal, state, or local government; or (iii) serve as an official in a political
8080 52party. 4 of 17
8181 53 The correctional inspector general shall serve for a term of five years. In case of a
8282 54vacancy in the position of correctional inspector general their successor shall be appointed in the
8383 55same manner for the unexpired term. No person shall be appointed for more than two five-year
8484 56terms.
8585 57 Appointing authorities shall make due efforts to assure that underrepresented populations
8686 58have notice when the corrections inspector general position is vacant.
8787 59 The person so appointed may be removed from office, but only for just cause, by a
8888 60majority vote of the attorney general, the state auditor, and the treasurer. Such cause may include
8989 61substantial neglect of duty, gross misconduct or conviction of a crime. The reasons for removal
9090 62of the correctional inspector general shall be stated in writing. Such writing shall be sent to the
9191 63clerk of the senate, the clerk of the house of representatives and to the governor at the time of the
9292 64removal and shall be deemed to be a public document.
9393 65 Section 3. Advisory board.
9494 66 There shall be a corrections inspector general advisory board. The governor shall appoint
9595 67three members, one of whom shall serve as chair of the board, the president of the Senate shall
9696 68appoint three members, and the speaker of the House of Representatives shall appoint three
9797 69members. The advisory board may designate up to ten additional members to supplement its
9898 70expertise. At least one additional member of the advisory board shall be an immediate family
9999 71member as defined in section 1 of chapter 268A of an incarcerated person serving in a
100100 72Massachusetts correctional facility at the time of their appointment. At least one additional
101101 73member shall be a formerly incarcerated person who served in a department correctional facility
102102 74within the last five years at the time of their appointment. At least one additional member shall 5 of 17
103103 75be a formerly incarcerated person who served in a county correctional facility within the last five
104104 76years at the time of their appointment. At least one additional member shall be an individual
105105 77from an underrepresented population. Appointing authorities shall make due efforts to assure that
106106 78underrepresented populations have notice when advisory board positions are vacant.
107107 79 The advisory board members shall serve for a term of three years and shall be
108108 80compensated for work performed for the corrections inspector general advisory board at such
109109 81rate as the secretary of administration shall determine and shall be reimbursed for expenses
110110 82necessarily incurred in the performance of their duties. The corrections inspector general shall
111111 83meet with the corrections inspector general advisory board at least quarterly and may consult or
112112 84request the assistance of members of the corrections inspector general advisory board with
113113 85respect to the duties and responsibilities of the office.
114114 86 Section 4. Duties
115115 87 (a) The office shall act to protect the welfare of incarcerated persons and all who work in
116116 88corrections by assuring accountability and transparency within the department and each county.
117117 89 (b) The corrections inspector general may inspect, examine, or assess any aspect of a
118118 90facility’s or system’s operations or conditions including, but not limited to:
119119 91 (1) staff recruitment, training, supervision, and discipline;
120120 92 (2) death of, injury to, or harassment of incarcerated persons;
121121 93 (3) incidents of assault, battery, or sexual misconduct;
122122 94 (4) medical or mental health care, including care provided to incarcerated persons by
123123 95third parties; 6 of 17
124124 96 (5) violence among incarcerated persons;
125125 97 (6) conditions of confinement;
126126 98 (7) incarcerated person disciplinary processes;
127127 99 (8) incarcerated person grievance processes;
128128 100 (9) substance use disorder treatment;
129129 101 (10) educational, vocational, and other programming;
130130 102 (11) family visitation and communication practices; and
131131 103 (12) rehabilitation, reentry, and integration practices.
132132 104 (c) The corrections inspector general shall gather public input into the office’s activities
133133 105and priorities, which shall include at a minimum quarterly public meetings.
134134 106 (d) The corrections inspector general shall monitor department and county compliance
135135 107with applicable federal, state, and local laws, rules, regulations, and policies as related to the
136136 108health, safety, welfare, and rehabilitation of incarcerated persons.
137137 109 (e) The corrections inspector general shall utilize a range of methods to gather and
138138 110substantiate facts, including observations, interviews with incarcerated persons, surveys of
139139 111incarcerated persons, document and record reviews, reports, statistics, and performance-based
140140 112outcome measures.
141141 113 (f) The corrections inspector general may, at their sole discretion, use findings from other
142142 114reports to avoid redundant inspections. 7 of 17
143143 115 (g) The corrections inspector general shall maintain, monitor, and provide a system of
144144 116response for a statewide toll-free telephone number, a collect telephone number, a website, and a
145145 117mailing address for the receipt of complaints and inquiries.
146146 118 (h) The corrections inspector general shall provide information, as appropriate, to
147147 119incarcerated persons, family members, representatives of incarcerated persons, department or
148148 120county employees, and others regarding the rights of incarcerated persons.
149149 121 (i) The corrections inspector general shall establish a statewide uniform database to
150150 122collect and analyze data related to complaints received by the corrections inspector general.
151151 123 (j) Department and county officials and employees shall be authorized and required to
152152 124cooperate fully and promptly with the corrections inspector general. To the greatest extent
153153 125possible and consistent with the corrections inspector general’s duties and responsibilities in this
154154 126chapter, the corrections inspector general shall collaboratively and constructively work with
155155 127administrators, legislators, and other appropriate persons.
156156 128 (k) The corrections inspector general may identify ways in which management
157157 129information and data collection can be improved.
158158 130 (l) The corrections inspector general shall conduct regular inspections of all facilities.
159159 131 Section 5. Powers
160160 132 (a) The office shall be independent of any supervision or control by any executive
161161 133agency.
162162 134 (b) The office shall have all powers necessary or convenient to carry out and effectuate
163163 135its purposes, including, but not limited to, the power to: 8 of 17
164164 136 (1) initiate investigations of any matter pertaining to a correctional facility on its own
165165 137initiative or based on information from any source;
166166 138 (2) examine the health, safety, welfare, rehabilitation, care and services that the
167167 139department and each county correctional facility provides incarcerated persons;
168168 140 (3) identify systemic issues and responses upon which the Governor and Legislature may
169169 141act;
170170 142 (4) identify non-compliance with relevant statutes, rules, regulations, and policies
171171 143concerning corrections facilities, services, and treatment of incarcerated persons under the
172172 144jurisdiction of the department and within each county;
173173 145 (5) hire and employ staff to perform duties and exercise the same powers as the
174174 146corrections inspector general;
175175 147 (6) enter into agreements or other transactions with a person, including, but not limited
176176 148to, a public entity or other governmental instrumentality or authority in connection with its
177177 149powers and duties under this chapter;
178178 150 (7) execute all instruments necessary or convenient for accomplishing the purposes of
179179 151this chapter;
180180 152 (8) appear on its own behalf before boards, commissions, departments or other agencies
181181 153of municipal, state or federal government;
182182 154 (9) apply for and accept subventions, grants, loans, advances and contributions of money,
183183 155property, labor or other things of value from any source, to be held, used and applied for its
184184 156purposes; and 9 of 17
185185 157 (10) provide and pay for advisory services and technical assistance as may be necessary
186186 158in its judgment to carry out this chapter and fix the compensation of persons providing such
187187 159services or assistance.
188188 160 (c) The corrections inspector general shall be authorized to hold public hearings, to
189189 161subpoena witnesses and documents, and to require that witnesses testify under oath.
190190 162 (d) The corrections inspector general may make referrals to any other civil or criminal
191191 163enforcement authority as it may see fit.
192192 164 Section 6. Access to facilities, incarcerated persons, records
193193 165 (a) The corrections inspector general shall have access to correctional facilities at all
194194 166times. This access includes, but is not limited to:
195195 167 (1) Access, with or without advance notice, to any part or all of any correctional facility
196196 168at any time. The corrections inspector general shall adopt procedures to ensure that unannounced
197197 169inspections are conducted in a reasonable manner.
198198 170 (2) Access to meet and communicate privately and confidentially with incarcerated
199199 171persons, and department and county employees, both formally and informally, in person, by
200200 172telephone, by video conference, and by mail.
201201 173 (3) Access to provide information about individual rights and the services available from
202202 174the office, including the name, address, and telephone number of the office.
203203 175 (4) Access to photograph, or video record any areas of any facility which are used by
204204 176incarcerated persons or are accessible to incarcerated persons. 10 of 17
205205 177 (5) Access to office space to conduct administrative tasks related to the facility visit.
206206 178 (b) The corrections inspector general has the right to access, inspect, and copy any
207207 179information, records, documents, or video or audio recordings in the possession or control of the
208208 180department or county that the corrections inspector general considers necessary. No claim of
209209 181restriction or privilege under state law shall limit the corrections inspector general’s rights under
210210 182this paragraph. The department or county shall assist the corrections inspector general in
211211 183obtaining any necessary releases for those documents which are restricted or privileged under
212212 184federal law.
213213 185 (c) Following a written demand from the corrections inspector general pursuant to section
214214 186(b), the department or county shall provide the requested material within twenty days unless the
215215 187corrections inspector general consents to an extension of that time frame. Where the material
216216 188requested by the corrections inspector general pertain to an incarcerated person’s death, threats
217217 189of bodily harm including, but not limited to, sexual or physical assaults, or the denial of
218218 190necessary medical treatment, the material shall be provided within five days unless the
219219 191corrections inspector general consents to an extension of that time frame.
220220 192 (d) Upon notice and request by the corrections inspector general, a state, county, or
221221 193municipal government agency, other than the department or a county sheriff, that has
222222 194information, records, documents, or video or audio recordings relevant to a complaint or an
223223 195investigation conducted by the corrections inspector general shall provide the corrections
224224 196inspector general with access to the material not later than twenty days unless the corrections
225225 197inspector general consents to an extension of that time frame. 11 of 17
226226 198 (e) The corrections inspector general shall work with the department or county to
227227 199minimize disruption to the department’s or county’s operations due to corrections inspector
228228 200general activities and shall comply with the department’s or county's security clearance
229229 201processes, provided those processes do not, in the sole judgment of the corrections inspector
230230 202general, impede the corrections inspector general from carrying out the responsibilities set forth
231231 203in this chapter.
232232 204 Section 7. Division of the corrections ombuds.
233233 205 (a) There shall be within the office a division of the corrections ombuds, which is
234234 206responsible for receiving and reviewing individual complaints.
235235 207 (b) The division shall remain neutral and impartial and shall not act as an advocate for the
236236 208complainant or for the department or county.
237237 209 (c) The division may receive complaints from incarcerated persons, family members of
238238 210incarcerated persons, representatives of incarcerated persons, department or county employees,
239239 211or any other source, regarding any matter that may adversely affect the health, safety, welfare, or
240240 212rights of incarcerated persons or correctional employees.
241241 213 (d) Prior to filing a complaint with the division, a person shall have reasonably pursued
242242 214resolution of the complaint through the internal grievance, administrative, or appellate
243243 215procedures with the department or county. However, in no event may an incarcerated person be
244244 216prevented from filing a complaint more than ninety business days after filing an internal
245245 217grievance, regardless of whether the department or county has completed the grievance process.
246246 218This subsection does not apply to complaints related to threats of bodily harm including, but not
247247 219limited to, sexual or physical assaults or the denial of necessary medical treatment. 12 of 17
248248 220 (e) The division, in its discretion, may decline to investigate any complaint.
249249 221 (f) If the division declines to investigate a complaint, the division shall notify the
250250 222complainant in writing of the decision not to investigate and the reasons for the decision.
251251 223 (g) If the division decides to investigate a complaint, the division shall communicate in
252252 224writing the outcome to the incarcerated person or complainant, if any, and to the department or
253253 225county.
254254 226 (h) The division may not investigate any complaints relating to an incarcerated person’s
255255 227underlying criminal conviction.
256256 228 (i) The division may not investigate a complaint from a department or county employee
257257 229that relates to the employee's employment relationship with the department or county, unless the
258258 230complaint is related to the health, safety, welfare, and rehabilitation of incarcerated persons.
259259 231 (j) The division may refer complainants and others to appropriate resources, agencies, or
260260 232departments, including to appropriate law enforcement authorities.
261261 233 (k) The division may not levy any fees for the submission or investigation of complaints.
262262 234 (l) The division shall monthly publish an anonymized report summarizing each complaint
263263 235received and the resolution of the complaint. The report shall include the facility to which each
264264 236complaint pertained.
265265 237 (m) The department and each county shall report all internal complaints received through
266266 238its internal grievance process to the division on a weekly basis.
267267 239 Section 8. Public disclosure following an investigation or inspection. 13 of 17
268268 240 (a) At the conclusion of an investigation or inspection, the corrections inspector general
269269 241shall produce a public report on the outcome of the investigation, which shall include any
270270 242recommendations to the department or county deemed necessary by the correctional inspector
271271 243general, except that the documents supporting the report are subject to the confidentiality
272272 244provisions of section 10.
273273 245 (b) If the corrections inspector general believes that there has been or continues to be a
274274 246significant threat to the health, safety, welfare, or rehabilitation of incarcerated persons, the
275275 247corrections inspector general shall promptly report the finding to the governor and the
276276 248appropriate committees of the legislature.
277277 249 (c) Before announcing a conclusion or recommendation that expressly, or by implication,
278278 250criticizes a person, the department, or a county, the corrections inspector general shall consult
279279 251with that person, the department, or the county. The corrections inspector general may request to
280280 252be notified by the department, within a specified time, of any action taken on any
281281 253recommendation presented.
282282 254 (d) Facility administrators may be provided an opportunity to review reports and provide
283283 255feedback about them to the corrections inspector general before their dissemination to the public;
284284 256provided, however that the release of the reports is not subject to approval from any entity or
285285 257person outside the office nor it is contingent of the review of the report by the facility.
286286 258 (e) Reports shall apply legal requirements, best correctional practices, and other criteria
287287 259to objectively and accurately review and assess a facility's policies, procedures, programs, and
288288 260practices; identify systemic problems and the reasons for them; and recommend possible
289289 261solutions to those problems. 14 of 17
290290 262 (f) The correctional inspector general may redact a report for public release if, after
291291 263consultation with the department or county, such redaction may be necessary to protect the safety
292292 264or privacy of persons or the safe, secure, and orderly operation of correctional facilities.
293293 265 (g) Except as provided in paragraph (f), the corrections inspector general’s reports shall
294294 266be public, accessible through the Internet, and distributed to the media, legislature, attorney
295295 267general, and governor.
296296 268 (h) The department or county shall, within thirty days, respond in writing about any
297297 269action taken on the recommendation or any additional action the department or county will take.
298298 270This written response shall include timelines for implementation. If the department or county
299299 271disputes the findings or recommendation, the department or county shall, within thirty days,
300300 272respond in writing with the reasons for not complying with the recommendation. This written
301301 273response shall be public, accessible through the Internet, and distributed to the media, legislature,
302302 274attorney general, and governor.
303303 275 (i) The corrections inspector general shall continue to assess and report on previously
304304 276identified problems and the progress made in resolving them until the problems are resolved.
305305 277These reports shall be public and accessible through the Internet.
306306 278 Section 9. Annual and Interim Reports.
307307 279 (a) The office shall submit annually to the governor's office, the house and senate
308308 280committees on ways and means, the executive office for administration and finance, the chairs of
309309 281the joint committee on the judiciary, and the chairs of the joint committee on public safety and
310310 282homeland security, and in document form and downloadable spreadsheet form on the website of 15 of 17
311311 283the office by November 1st of each year, a report that includes, at a minimum, the following
312312 284information:
313313 285 (1) The budget and expenditures of the corrections inspector general for the prior fiscal
314314 286year;
315315 287 (2) The number of complaints received and resolved by the division for the prior four
316316 288quarters;
317317 289 (3) A description of significant systemic or individual investigations or outcomes
318318 290achieved by the corrections inspector general during the prior four quarters;
319319 291 (4) Any outstanding or unresolved concerns or recommendations of the corrections
320320 292inspector general; and
321321 293 (5) Input and comments from the public regarding the corrections inspector general’s
322322 294activities during the prior four quarters.
323323 295 (b) The office shall submit a report to the governor, the chairs of the joint committee on
324324 296the judiciary, and the chairs of the joint committee on public safety and homeland security,
325325 297within ten days if the department or a county is not in compliance with section 6 or subsection
326326 298(h) of section 8 of this chapter.
327327 299 Section 10. Confidentiality of correspondence, communications, investigations
328328 300 (a) Correspondence and communication with the office is confidential and shall be
329329 301confidential and protected as privileged correspondence in the same manner as legal
330330 302correspondence or communication. 16 of 17
331331 303 (b) The office shall establish confidentiality rules and procedures for all information
332332 304maintained by the office.
333333 305 (c) The corrections inspector general shall treat all matters under investigation, including
334334 306the identities of complainants, and individuals from whom information is acquired, as
335335 307confidential, except as far as disclosures may be necessary to enable the corrections inspector
336336 308general to perform the duties of the office and to support any recommendations resulting from an
337337 309investigation. Upon receipt of information that by law is confidential or privileged, the
338338 310corrections inspector general shall maintain the confidentiality of such information and shall not
339339 311further disclose or disseminate the information except as provided by applicable state or federal
340340 312law or as authorized by this section. All records exchanged and communications between the
341341 313office and the department or county to include the investigative record are confidential and are
342342 314exempt from public disclosure.
343343 315 (d) To the extent the corrections inspector general reasonably believes necessary, the
344344 316corrections inspector general:
345345 317 (1) Shall reveal information obtained in the course of providing corrections inspector
346346 318general services to prevent reasonably certain death or substantial bodily harm; and
347347 319 (2) May reveal information obtained in the course of providing corrections inspector
348348 320general services to prevent the commission of a crime.
349349 321 (e) If the corrections inspector general believes it is necessary to reveal investigative
350350 322records for any of the reasons outlined in subsection (d), the corrections inspector general shall
351351 323provide a copy of what they intend to disclose to the department or county. If the corrections
352352 324inspector general receives personally identifying information about individual corrections staff 17 of 17
353353 325during the course of an investigation that the corrections inspector general determines is
354354 326unrelated or unnecessary to the subject of the investigation or recommendation for action, the
355355 327corrections inspector general will not further disclose such information. If the corrections
356356 328inspector general determines that such disclosure is necessary to an investigation or
357357 329recommendation, the corrections inspector general will contact the staff member as well as the
358358 330bargaining unit representative before any disclosure.
359359 331 Section 11. Civil immunity and retaliatory actions
360360 332 (a) A civil action may not be brought against any employee of the office for good faith
361361 333performance of responsibilities under this chapter.
362362 334 (b) No discriminatory, disciplinary, or retaliatory action may be taken against a
363363 335department or county employee, subcontractor, or volunteer, an incarcerated person, or a family
364364 336member or representative of an incarcerated person for any communication made, or information
365365 337given or disclosed, to aid the office in carrying out its responsibilities, unless the communication
366366 338or information is made, given, or disclosed maliciously or without good faith.
367367 339 (c) This section is not intended to infringe on the rights of an employer to supervise,
368368 340discipline, or terminate an employee for other reasons.