SENATE . . . . . . . . . . . . . . No. 2821
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
SENATE, June 21, 2024.
The committee on State Administration and Regulatory Oversight, to whom was referred
the petitions (accompanied by bill, Senate, No. 1979) of Joanne M. Comerford, Jason M. Lewis,
Michael J. Barrett, Rebecca L. Rausch and other members of the General Court for legislation to
establish a jail and prison construction moratorium, report the accompanying bill (Senate, No.
2821).
For the committee,
Nick Collins 1 of 3
FILED ON: 6/12/2024
SENATE . . . . . . . . . . . . . . No. 2821
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act establishing a jail and prison construction moratorium.
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. Chapter 7C of the General Laws is hereby amended by adding the
2following section:-
3 Section 73. (a) For the purposes of this section, the term “correctional facility” shall have
4the same meaning as provided in section 1 of chapter 125.
5 (b) Notwithstanding any general or special law to the contrary, a state agency or public
6agency shall not:
7 (i) study, plan, design, acquire, lease, search for sites, or construct new correctional
8facilities or detention centers;
9 (ii) expand the capacity of an existing correctional facility or detention center beyond its
10current design or rated capacity; 2 of 3
11 (iii) convert any part of an existing or dormant correctional facility or detention center for
12the purpose of detention or incarceration, including to change or expand the populations
13incarcerated in that facility or center;
14 (iv) renovate an existing or dormant correctional facility or detention center beyond
15performing routine maintenance and improvements limited only to ensuring compliance with
16federal and state law including building, health, and fire codes; installing plumbing fixtures such
17as toilets, showers, sinks, doors, or locks; improving food service or health services or medical
18service units; removing restrictive housing units or other security infrastructure; improving
19spaces for programming and education; provided that such improvements shall not increase a
20facility’s bed capacity and must result in improved living conditions for incarcerated people;
21 (v) repair an existing or dormant correctional facility or detention center for the purposes
22of expanding the facility or center, or increasing its bed capacity.
23 SECTION 2. (a) For purposes of this section, the term “county jail and regional lockup
24facility” shall mean a facility operated by a county sheriff that, as of the effective date of this act,
25is used for all of the following: (i) the detention of convicted offenders; (ii) as a jail, as that term
26is described in section 4 of chapter 126 of the General Laws; and (iii) as a regional lockup
27facility utilized by more than 1 municipal law enforcement agency for the detention of arrestees.
28 (b) Notwithstanding clause (iii) of subsection (b) of section 73 of chapter 7C of the
29General Laws, in the event that a county jail and regional lockup facility is closed due to the
30closure of a county jail, the county sheriff may transfer no more than 30 beds from the closed
31facility to an existing county correctional facility, as that term is defined in section 1 of chapter
32125 of the General Laws, within the same county. 3 of 3
33 SECTION 3. Section 73 of chapter 7C of the General Laws is hereby repealed.
34 SECTION 4. Section 2 of this act is hereby repealed.
35 SECTION 5. Sections 3 and 4 shall take effect 5 years after the effective date of this act.