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