Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1579 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 384 FILED ON: 1/13/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1579
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Rebecca L. Rausch
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 ensure compliance with the anti-shackling law for pregnant incarcerated women.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Rebecca L. RauschNorfolk, Worcester and MiddlesexLindsay N. Sabadosa1st Hampshire1/20/2023Michael J. BarrettThird Middlesex2/1/2023 1 of 2
16	16	SENATE DOCKET, NO. 384 FILED ON: 1/13/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1579
18	18	By Ms. Rausch, a petition (accompanied by bill, Senate, No. 1579) of Rebecca L. Rausch,
19	19	Lindsay N. Sabadosa and Michael J. Barrett for legislation relative to ensure compliance with the
20	20	anti-shackling law for pregnant incarcerated women. Public Safety and Homeland Security.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act to ensure compliance with the anti-shackling law for pregnant incarcerated women.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Subsection (b) of section 118 of chapter 127 of the General Laws, as
30	30	2appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:-
31	31	3For the purposes of this section, “postpartum recovery” shall mean the time period that occurs
32	32	4immediately following childbirth up to a minimum of 6 weeks, or longer as determined by a
33	33	5physician.
34	34	6 SECTION 2. Said section 118 of chapter 127, as so appearing, is hereby further amended
35	35	7by striking out the words “post-delivery recuperation” in lines 45 and 62, in each instance, and
36	36	8inserting in place thereof the following words:- postpartum recovery.
37	37	9 SECTION 3. Said section 118 of chapter 127, as so appearing, is hereby further amended
38	38	10by inserting, in line 46, after the word “physician” the following words:- or emergency medical
39	39	11personnel. 2 of 2
40	40	12 SECTION 4. Said section 118 of chapter 127, as so appearing, is hereby further amended
41	41	13by inserting, in line 72, after the word “inmate” the following words:- under any circumstances
42	42	14or in any setting.
43	43	15 SECTION 5. Said section 118 of chapter 127, as so appearing, is hereby further amended
44	44	16by inserting, in line 78, after the word “superintendent” the following words:- of a state
45	45	17correctional facility or administrator of a county facility.
46	46	18 SECTION 6. Said section 118 of chapter 127, as so appearing, is hereby further amended
47	47	19by adding the following 3 paragraphs:-
48	48	20 The commissioner of correction and administrator of each county correctional facility
49	49	21shall require annual training of staff members who transport or supervise female prisoners as to
50	50	22the provisions of this section.
51	51	23 Any time restraints are used on a pregnant or postpartum inmate, the superintendent of a
52	52	24state correctional facility or administrator of a county correctional facility shall submit a report
53	53	25within 48 hours to the secretary of public safety and security, which shall include the date, time,
54	54	26duration, location and the rationale for the use of restraints, provided, however, that such reports
55	55	27shall not contain individually identifying information.
56	56	28 The secretary of public safety shall submit to the legislature a public report detailing
57	57	29compliance with this section, including all incidents involving use of restraints which shall be
58	58	30filed no later than July 1 of each year with the clerks of the senate and house of representatives,
59	59	31the chairs of the joint committee on public safety and homeland security and the chairs of the
60	60	32joint committee on the judiciary.