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SENATE DOCKET, NO. 2071 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 1548
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Liz Miranda
_________________
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 establishing a correctional inspector general office.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Liz MirandaSecond SuffolkWilliam N. BrownsbergerSuffolk and Middlesex1/24/2023Patricia D. JehlenSecond Middlesex3/6/2023 1 of 17
SENATE DOCKET, NO. 2071 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 1548
By Ms. Miranda, a petition (accompanied by bill, Senate, No. 1548) of Liz Miranda, William N.
Brownsberger and Patricia D. Jehlen for legislation to establish a correctional inspector general
office. Public Safety and Homeland Security.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act establishing a correctional inspector general office.
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. Clause twenty-six of section 7 of chapter 4 of the general laws is hereby
2amended by inserting after subclause (v) the following subclause:
3 (w) information and records acquired under chapter XX by the office of the corrections
4inspector general.
5 SECTION 2. The General Laws are hereby amended by inserting after chapter XX the
6following chapter:-
7 CHAPTER XX
8 CORRECTIONAL TRANSPARENCY AND ACCOUNTABILITY
9 Section 1. Definitions 2 of 17
10 As used in this chapter, unless the context otherwise requires, the following words shall
11have the following meanings:
12 “correctional facility”, any building, enclosure, space, structure, or vehicle used for the
13custody, control and rehabilitation of committed offenders or of such other persons as may be
14placed in custody therein in accordance with law regardless of whether the facility is owned,
15operated, or controlled by a county sheriff or by the department of correction; provided however,
16this shall not include the facilities operated by the department of youth services;
17 “department”, the department of correction;
18 “division”, the division of the correctional ombuds, as established by section 7;
19 “incarcerated person”, a committed offender or such other person as is placed in custody
20in a correctional facility in accordance with law;
21 “office”, the office of corrections inspector general, as established by section 2;
22 “underrepresented population”, groups who traditionally, or historically, have not had
23equal access to opportunities because of discrimination or other societal barriers. This may
24include race, gender, gender identity, ethnicity, sexual orientation, or disability.
25 Section 2. Establishment of office; appointment and removal of corrections inspector
26general
27 There is hereby established an office of the corrections inspector general, hereinafter
28called the office. There shall be in said office a corrections inspector general, who shall be the
29administrative head of said office and shall devote full-time to the duties of the office. The
30corrections inspector general shall be appointed by a majority vote of the attorney general, the 3 of 17
31state auditor and the treasurer from a list of 3 nominees submitted by a nominating committee to
32recommend a corrections inspector general. The nominating committee shall consist of: the
33secretary of the executive office of public safety and security; the secretary of health and human
34services; the commissioner of the department of corrections; the executive director of the
35Massachusetts Sheriff’s Association; the commissioner of mental health; the commissioner of
36public health; an attorney who shall be designated by Prisoner’s Legal Services; a representative
37who shall be designated by Families for Justice as Healing; an attorney who shall be designated
38by the Committee for Public Counsel Services; a representative who shall be designated by the
39Disability Law Center; a representative who shall be designated by the Massachusetts Bar
40Association; a person with experience in the criminal justice system who shall be designated by
41the chief justice of the trial court; and a representative who shall be designated by the
42Massachusetts Correction Officers Federated Union. The work of the nominating committee
43shall be coordinated by the executive office of public safety and security.
44 Any person appointed to the position of corrections inspector general shall be selected
45without regard to political affiliation and solely on the basis of integrity and knowledge of
46correctional law, policy and practice. Any person so appointed shall be a civilian and shall not
47have been or have any immediate family members who were previously employed in the
48department of correction, employed in any county sheriff office, or served as a sheriff. Any
49person so appointed shall be a resident of the commonwealth within 90 days of appointment and
50shall not: (i) hold, or be a candidate for, federal, state or local elected office; (ii) hold an
51appointed office in a federal, state, or local government; or (iii) serve as an official in a political
52party. 4 of 17
53 The correctional inspector general shall serve for a term of five years. In case of a
54vacancy in the position of correctional inspector general their successor shall be appointed in the
55same manner for the unexpired term. No person shall be appointed for more than two five-year
56terms.
57 Appointing authorities shall make due efforts to assure that underrepresented populations
58have notice when the corrections inspector general position is vacant.
59 The person so appointed may be removed from office, but only for just cause, by a
60majority vote of the attorney general, the state auditor, and the treasurer. Such cause may include
61substantial neglect of duty, gross misconduct or conviction of a crime. The reasons for removal
62of the correctional inspector general shall be stated in writing. Such writing shall be sent to the
63clerk of the senate, the clerk of the house of representatives and to the governor at the time of the
64removal and shall be deemed to be a public document.
65 Section 3. Advisory board.
66 There shall be a corrections inspector general advisory board. The governor shall appoint
67three members, one of whom shall serve as chair of the board, the president of the Senate shall
68appoint three members, and the speaker of the House of Representatives shall appoint three
69members. The advisory board may designate up to ten additional members to supplement its
70expertise. At least one additional member of the advisory board shall be an immediate family
71member as defined in section 1 of chapter 268A of an incarcerated person serving in a
72Massachusetts correctional facility at the time of their appointment. At least one additional
73member shall be a formerly incarcerated person who served in a department correctional facility
74within the last five years at the time of their appointment. At least one additional member shall 5 of 17
75be a formerly incarcerated person who served in a county correctional facility within the last five
76years at the time of their appointment. At least one additional member shall be an individual
77from an underrepresented population. Appointing authorities shall make due efforts to assure that
78underrepresented populations have notice when advisory board positions are vacant.
79 The advisory board members shall serve for a term of three years and shall be
80compensated for work performed for the corrections inspector general advisory board at such
81rate as the secretary of administration shall determine and shall be reimbursed for expenses
82necessarily incurred in the performance of their duties. The corrections inspector general shall
83meet with the corrections inspector general advisory board at least quarterly and may consult or
84request the assistance of members of the corrections inspector general advisory board with
85respect to the duties and responsibilities of the office.
86 Section 4. Duties
87 (a) The office shall act to protect the welfare of incarcerated persons and all who work in
88corrections by assuring accountability and transparency within the department and each county.
89 (b) The corrections inspector general may inspect, examine, or assess any aspect of a
90facility’s or system’s operations or conditions including, but not limited to:
91 (1) staff recruitment, training, supervision, and discipline;
92 (2) death of, injury to, or harassment of incarcerated persons;
93 (3) incidents of assault, battery, or sexual misconduct;
94 (4) medical or mental health care, including care provided to incarcerated persons by
95third parties; 6 of 17
96 (5) violence among incarcerated persons;
97 (6) conditions of confinement;
98 (7) incarcerated person disciplinary processes;
99 (8) incarcerated person grievance processes;
100 (9) substance use disorder treatment;
101 (10) educational, vocational, and other programming;
102 (11) family visitation and communication practices; and
103 (12) rehabilitation, reentry, and integration practices.
104 (c) The corrections inspector general shall gather public input into the office’s activities
105and priorities, which shall include at a minimum quarterly public meetings.
106 (d) The corrections inspector general shall monitor department and county compliance
107with applicable federal, state, and local laws, rules, regulations, and policies as related to the
108health, safety, welfare, and rehabilitation of incarcerated persons.
109 (e) The corrections inspector general shall utilize a range of methods to gather and
110substantiate facts, including observations, interviews with incarcerated persons, surveys of
111incarcerated persons, document and record reviews, reports, statistics, and performance-based
112outcome measures.
113 (f) The corrections inspector general may, at their sole discretion, use findings from other
114reports to avoid redundant inspections. 7 of 17
115 (g) The corrections inspector general shall maintain, monitor, and provide a system of
116response for a statewide toll-free telephone number, a collect telephone number, a website, and a
117mailing address for the receipt of complaints and inquiries.
118 (h) The corrections inspector general shall provide information, as appropriate, to
119incarcerated persons, family members, representatives of incarcerated persons, department or
120county employees, and others regarding the rights of incarcerated persons.
121 (i) The corrections inspector general shall establish a statewide uniform database to
122collect and analyze data related to complaints received by the corrections inspector general.
123 (j) Department and county officials and employees shall be authorized and required to
124cooperate fully and promptly with the corrections inspector general. To the greatest extent
125possible and consistent with the corrections inspector general’s duties and responsibilities in this
126chapter, the corrections inspector general shall collaboratively and constructively work with
127administrators, legislators, and other appropriate persons.
128 (k) The corrections inspector general may identify ways in which management
129information and data collection can be improved.
130 (l) The corrections inspector general shall conduct regular inspections of all facilities.
131 Section 5. Powers
132 (a) The office shall be independent of any supervision or control by any executive
133agency.
134 (b) The office shall have all powers necessary or convenient to carry out and effectuate
135its purposes, including, but not limited to, the power to: 8 of 17
136 (1) initiate investigations of any matter pertaining to a correctional facility on its own
137initiative or based on information from any source;
138 (2) examine the health, safety, welfare, rehabilitation, care and services that the
139department and each county correctional facility provides incarcerated persons;
140 (3) identify systemic issues and responses upon which the Governor and Legislature may
141act;
142 (4) identify non-compliance with relevant statutes, rules, regulations, and policies
143concerning corrections facilities, services, and treatment of incarcerated persons under the
144jurisdiction of the department and within each county;
145 (5) hire and employ staff to perform duties and exercise the same powers as the
146corrections inspector general;
147 (6) enter into agreements or other transactions with a person, including, but not limited
148to, a public entity or other governmental instrumentality or authority in connection with its
149powers and duties under this chapter;
150 (7) execute all instruments necessary or convenient for accomplishing the purposes of
151this chapter;
152 (8) appear on its own behalf before boards, commissions, departments or other agencies
153of municipal, state or federal government;
154 (9) apply for and accept subventions, grants, loans, advances and contributions of money,
155property, labor or other things of value from any source, to be held, used and applied for its
156purposes; and 9 of 17
157 (10) provide and pay for advisory services and technical assistance as may be necessary
158in its judgment to carry out this chapter and fix the compensation of persons providing such
159services or assistance.
160 (c) The corrections inspector general shall be authorized to hold public hearings, to
161subpoena witnesses and documents, and to require that witnesses testify under oath.
162 (d) The corrections inspector general may make referrals to any other civil or criminal
163enforcement authority as it may see fit.
164 Section 6. Access to facilities, incarcerated persons, records
165 (a) The corrections inspector general shall have access to correctional facilities at all
166times. This access includes, but is not limited to:
167 (1) Access, with or without advance notice, to any part or all of any correctional facility
168at any time. The corrections inspector general shall adopt procedures to ensure that unannounced
169inspections are conducted in a reasonable manner.
170 (2) Access to meet and communicate privately and confidentially with incarcerated
171persons, and department and county employees, both formally and informally, in person, by
172telephone, by video conference, and by mail.
173 (3) Access to provide information about individual rights and the services available from
174the office, including the name, address, and telephone number of the office.
175 (4) Access to photograph, or video record any areas of any facility which are used by
176incarcerated persons or are accessible to incarcerated persons. 10 of 17
177 (5) Access to office space to conduct administrative tasks related to the facility visit.
178 (b) The corrections inspector general has the right to access, inspect, and copy any
179information, records, documents, or video or audio recordings in the possession or control of the
180department or county that the corrections inspector general considers necessary. No claim of
181restriction or privilege under state law shall limit the corrections inspector general’s rights under
182this paragraph. The department or county shall assist the corrections inspector general in
183obtaining any necessary releases for those documents which are restricted or privileged under
184federal law.
185 (c) Following a written demand from the corrections inspector general pursuant to section
186(b), the department or county shall provide the requested material within twenty days unless the
187corrections inspector general consents to an extension of that time frame. Where the material
188requested by the corrections inspector general pertain to an incarcerated person’s death, threats
189of bodily harm including, but not limited to, sexual or physical assaults, or the denial of
190necessary medical treatment, the material shall be provided within five days unless the
191corrections inspector general consents to an extension of that time frame.
192 (d) Upon notice and request by the corrections inspector general, a state, county, or
193municipal government agency, other than the department or a county sheriff, that has
194information, records, documents, or video or audio recordings relevant to a complaint or an
195investigation conducted by the corrections inspector general shall provide the corrections
196inspector general with access to the material not later than twenty days unless the corrections
197inspector general consents to an extension of that time frame. 11 of 17
198 (e) The corrections inspector general shall work with the department or county to
199minimize disruption to the department’s or county’s operations due to corrections inspector
200general activities and shall comply with the department’s or county's security clearance
201processes, provided those processes do not, in the sole judgment of the corrections inspector
202general, impede the corrections inspector general from carrying out the responsibilities set forth
203in this chapter.
204 Section 7. Division of the corrections ombuds.
205 (a) There shall be within the office a division of the corrections ombuds, which is
206responsible for receiving and reviewing individual complaints.
207 (b) The division shall remain neutral and impartial and shall not act as an advocate for the
208complainant or for the department or county.
209 (c) The division may receive complaints from incarcerated persons, family members of
210incarcerated persons, representatives of incarcerated persons, department or county employees,
211or any other source, regarding any matter that may adversely affect the health, safety, welfare, or
212rights of incarcerated persons or correctional employees.
213 (d) Prior to filing a complaint with the division, a person shall have reasonably pursued
214resolution of the complaint through the internal grievance, administrative, or appellate
215procedures with the department or county. However, in no event may an incarcerated person be
216prevented from filing a complaint more than ninety business days after filing an internal
217grievance, regardless of whether the department or county has completed the grievance process.
218This subsection does not apply to complaints related to threats of bodily harm including, but not
219limited to, sexual or physical assaults or the denial of necessary medical treatment. 12 of 17
220 (e) The division, in its discretion, may decline to investigate any complaint.
221 (f) If the division declines to investigate a complaint, the division shall notify the
222complainant in writing of the decision not to investigate and the reasons for the decision.
223 (g) If the division decides to investigate a complaint, the division shall communicate in
224writing the outcome to the incarcerated person or complainant, if any, and to the department or
225county.
226 (h) The division may not investigate any complaints relating to an incarcerated person’s
227underlying criminal conviction.
228 (i) The division may not investigate a complaint from a department or county employee
229that relates to the employee's employment relationship with the department or county, unless the
230complaint is related to the health, safety, welfare, and rehabilitation of incarcerated persons.
231 (j) The division may refer complainants and others to appropriate resources, agencies, or
232departments, including to appropriate law enforcement authorities.
233 (k) The division may not levy any fees for the submission or investigation of complaints.
234 (l) The division shall monthly publish an anonymized report summarizing each complaint
235received and the resolution of the complaint. The report shall include the facility to which each
236complaint pertained.
237 (m) The department and each county shall report all internal complaints received through
238its internal grievance process to the division on a weekly basis.
239 Section 8. Public disclosure following an investigation or inspection. 13 of 17
240 (a) At the conclusion of an investigation or inspection, the corrections inspector general
241shall produce a public report on the outcome of the investigation, which shall include any
242recommendations to the department or county deemed necessary by the correctional inspector
243general, except that the documents supporting the report are subject to the confidentiality
244provisions of section 10.
245 (b) If the corrections inspector general believes that there has been or continues to be a
246significant threat to the health, safety, welfare, or rehabilitation of incarcerated persons, the
247corrections inspector general shall promptly report the finding to the governor and the
248appropriate committees of the legislature.
249 (c) Before announcing a conclusion or recommendation that expressly, or by implication,
250criticizes a person, the department, or a county, the corrections inspector general shall consult
251with that person, the department, or the county. The corrections inspector general may request to
252be notified by the department, within a specified time, of any action taken on any
253recommendation presented.
254 (d) Facility administrators may be provided an opportunity to review reports and provide
255feedback about them to the corrections inspector general before their dissemination to the public;
256provided, however that the release of the reports is not subject to approval from any entity or
257person outside the office nor it is contingent of the review of the report by the facility.
258 (e) Reports shall apply legal requirements, best correctional practices, and other criteria
259to objectively and accurately review and assess a facility's policies, procedures, programs, and
260practices; identify systemic problems and the reasons for them; and recommend possible
261solutions to those problems. 14 of 17
262 (f) The correctional inspector general may redact a report for public release if, after
263consultation with the department or county, such redaction may be necessary to protect the safety
264or privacy of persons or the safe, secure, and orderly operation of correctional facilities.
265 (g) Except as provided in paragraph (f), the corrections inspector general’s reports shall
266be public, accessible through the Internet, and distributed to the media, legislature, attorney
267general, and governor.
268 (h) The department or county shall, within thirty days, respond in writing about any
269action taken on the recommendation or any additional action the department or county will take.
270This written response shall include timelines for implementation. If the department or county
271disputes the findings or recommendation, the department or county shall, within thirty days,
272respond in writing with the reasons for not complying with the recommendation. This written
273response shall be public, accessible through the Internet, and distributed to the media, legislature,
274attorney general, and governor.
275 (i) The corrections inspector general shall continue to assess and report on previously
276identified problems and the progress made in resolving them until the problems are resolved.
277These reports shall be public and accessible through the Internet.
278 Section 9. Annual and Interim Reports.
279 (a) The office shall submit annually to the governor's office, the house and senate
280committees on ways and means, the executive office for administration and finance, the chairs of
281the joint committee on the judiciary, and the chairs of the joint committee on public safety and
282homeland security, and in document form and downloadable spreadsheet form on the website of 15 of 17
283the office by November 1st of each year, a report that includes, at a minimum, the following
284information:
285 (1) The budget and expenditures of the corrections inspector general for the prior fiscal
286year;
287 (2) The number of complaints received and resolved by the division for the prior four
288quarters;
289 (3) A description of significant systemic or individual investigations or outcomes
290achieved by the corrections inspector general during the prior four quarters;
291 (4) Any outstanding or unresolved concerns or recommendations of the corrections
292inspector general; and
293 (5) Input and comments from the public regarding the corrections inspector general’s
294activities during the prior four quarters.
295 (b) The office shall submit a report to the governor, the chairs of the joint committee on
296the judiciary, and the chairs of the joint committee on public safety and homeland security,
297within ten days if the department or a county is not in compliance with section 6 or subsection
298(h) of section 8 of this chapter.
299 Section 10. Confidentiality of correspondence, communications, investigations
300 (a) Correspondence and communication with the office is confidential and shall be
301confidential and protected as privileged correspondence in the same manner as legal
302correspondence or communication. 16 of 17
303 (b) The office shall establish confidentiality rules and procedures for all information
304maintained by the office.
305 (c) The corrections inspector general shall treat all matters under investigation, including
306the identities of complainants, and individuals from whom information is acquired, as
307confidential, except as far as disclosures may be necessary to enable the corrections inspector
308general to perform the duties of the office and to support any recommendations resulting from an
309investigation. Upon receipt of information that by law is confidential or privileged, the
310corrections inspector general shall maintain the confidentiality of such information and shall not
311further disclose or disseminate the information except as provided by applicable state or federal
312law or as authorized by this section. All records exchanged and communications between the
313office and the department or county to include the investigative record are confidential and are
314exempt from public disclosure.
315 (d) To the extent the corrections inspector general reasonably believes necessary, the
316corrections inspector general:
317 (1) Shall reveal information obtained in the course of providing corrections inspector
318general services to prevent reasonably certain death or substantial bodily harm; and
319 (2) May reveal information obtained in the course of providing corrections inspector
320general services to prevent the commission of a crime.
321 (e) If the corrections inspector general believes it is necessary to reveal investigative
322records for any of the reasons outlined in subsection (d), the corrections inspector general shall
323provide a copy of what they intend to disclose to the department or county. If the corrections
324inspector general receives personally identifying information about individual corrections staff 17 of 17
325during the course of an investigation that the corrections inspector general determines is
326unrelated or unnecessary to the subject of the investigation or recommendation for action, the
327corrections inspector general will not further disclose such information. If the corrections
328inspector general determines that such disclosure is necessary to an investigation or
329recommendation, the corrections inspector general will contact the staff member as well as the
330bargaining unit representative before any disclosure.
331 Section 11. Civil immunity and retaliatory actions
332 (a) A civil action may not be brought against any employee of the office for good faith
333performance of responsibilities under this chapter.
334 (b) No discriminatory, disciplinary, or retaliatory action may be taken against a
335department or county employee, subcontractor, or volunteer, an incarcerated person, or a family
336member or representative of an incarcerated person for any communication made, or information
337given or disclosed, to aid the office in carrying out its responsibilities, unless the communication
338or information is made, given, or disclosed maliciously or without good faith.
339 (c) This section is not intended to infringe on the rights of an employer to supervise,
340discipline, or terminate an employee for other reasons.