Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S878 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 818 FILED ON: 1/18/2023
3	3	SENATE . . . . . . . . . . . . . . No. 878
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Adam Gomez
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 secure housing for returning citizens.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Adam GomezHampdenSamantha Montaño15th SuffolkLindsay N. Sabadosa1st Hampshire1/20/2023Lydia EdwardsThird Suffolk3/8/2023 1 of 8
16	16	SENATE DOCKET, NO. 818 FILED ON: 1/18/2023
17	17	SENATE . . . . . . . . . . . . . . No. 878
18	18	By Mr. Gomez, a petition (accompanied by bill, Senate, No. 878) of Adam Gomez, Samantha
19	19	Montaño, Lindsay N. Sabadosa and Lydia Edwards for legislation to secure housing for
20	20	returning citizens. Housing.
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 secure housing for returning citizens.
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. Section 16I of chapter 6A of the General Laws, as appearing in the 2020
30	30	2Official Edition, is hereby amended by inserting after the word “secretary”, in line 30, the
31	31	3following words:- and (iv) costs associated with the reentry and formerly incarcerated persons
32	32	4program established in section 31 of chapter 23B.
33	33	5 SECTION 2. Chapter 23B of the General Laws is hereby amended by adding the
34	34	6following section:-
35	35	7 Section 31. (a) There shall be a reentry and formerly incarcerated persons program
36	36	8administered by the department. The department shall be the central coordinating agency for the
37	37	9program. The department, in coordination with the department of correction, the office of
38	38	10probation, and the parole board shall help incarcerated people: (i) understand housing options
39	39	11before and after their release; (ii) find pathways to both short-term and permanent housing; and
40	40	12(iii) receive financial supports, such as housing vouchers, from the state. For the purposes of this 2 of 8
41	41	13section the term “understand housing options” shall include: (i) an ongoing effort by the
42	42	14department to evaluate and ensure such understanding; (ii) the department’s establishment of
43	43	15tools for instruction of such understanding; and (iii) evaluating outcomes in the understanding of
44	44	16housing options for incarcerated people. Such tools and evaluations shall include oral and written
45	45	17surveys, and setting guidelines and goals for measurable success based on the frame of reference
46	46	18of a formerly incarcerated person.
47	47	19 The department shall partner with established community-based organizations with a
48	48	20record of working with reentry of incarcerated and formerly incarcerated persons to assist with
49	49	21positive outcomes and impacts. Such community-based organizations should prioritize including
50	50	22affected populations, such as formerly incarcerated persons and their families, in the leadership
51	51	23of their organization.
52	52	24 The department, in coordination with other relevant state agencies, shall provide for
53	53	25housing, supportive programs, and oversight of housing formerly incarcerated persons in any
54	54	26housing receiving funds administered by any state agency or regulated by the department. The
55	55	27department shall develop and implement outcome-based measurements for the success of such
56	56	28housing, supportive programs, and oversight.
57	57	29 (b) For any funds administered by the department, any state agency, or any state authority
58	58	30for the purposes of providing for affordable housing, the department shall review the
59	59	31implementation of the program and the expenditure of funds, including tax expenditures, for the
60	60	32program no less than annually. The department’s review shall include, but not be limited to:
61	61	33 (i) The number and demographic data of persons served by the program; 3 of 8
62	62	34 (ii) The compliance of each beneficiary of state funds for the purposes of the program
63	63	35and the state funds received regarding the preferences for persons served by the program; and
64	64	36 (iii) Any opportunities to improve the effectiveness of the program in meeting its
65	65	37purposes, intent or goals based on feedback and data gathered from formerly incarcerated
66	66	38persons, persons currently experiencing housing instability related to former incarceration, and
67	67	39community-based organizations, staff participants, and partner agencies that serve such persons.
68	68	40 (c) Annually, the department shall submit a report of its review of the program, including
69	69	41but not limited to, the program’s impacts and outcomes to the joint committee on housing and
70	70	42the joint committee on community development and small businesses and the clerks of the house
71	71	43of representatives and the senate.
72	72	44 SECTION 3. Subsection (a) of section 3 of chapter 23G of the General Laws is hereby
73	73	45amended by adding the following clause:-
74	74	46 (36) to provide for and assist any agency or authority of the commonwealth in providing
75	75	47housing opportunities for incarcerated persons about to be released from a correctional facility
76	76	48and for formerly incarcerated persons.
77	77	49 SECTION 4. Section 19 of said chapter 23G is hereby amended by inserting after the
78	78	50word “housing”, in line 29, the following words:- ; provided that, such housing project assisted
79	79	51by the agency shall include a priority and preference for incarcerated persons about to be
80	80	52released from a correctional facility and for formerly incarcerated persons.
81	81	53 SECTION 5. Subsection (b) of section 60 of chapter 40 of the General Laws, as
82	82	54appearing in the 2020 Official Edition, is hereby amended by inserting after the word “AMI”, in 4 of 8
83	83	55lines 121 and 125, the following words:- provided that, for any housing units assisted under this
84	84	56section, there shall be a priority for housing incarcerated persons about to be released from a
85	85	57correctional facility and for formerly incarcerated persons.
86	86	58 SECTION 6. Subsection (c) of section 60B of chapter 40 of the General Laws, as
87	87	59appearing in the 2020 Official Edition, is hereby amended by inserting after the word
88	88	60“agreement”, in line 80, the following words:- provided that, for any residential units constructed
89	89	61under this section, there shall be a priority for housing incarcerated persons about to be released
90	90	62from a correctional facility and for formerly incarcerated persons.
91	91	63 SECTION 7. Section 20 of chapter 40B of the General Laws, as appearing in the 2020
92	92	64Official Edition, is hereby amended by inserting after the word “affected”, in line 25, the
93	93	65following words:- provided however, that the regional need shall include affordable housing for
94	94	66reentry housing for low and moderate-income incarcerated persons about to be released from a
95	95	67correctional facility and for formerly incarcerated persons.
96	96	68 SECTION 8. Section 4 of chapter 40H of the General Laws, as appearing in the 2020
97	97	69Official Edition, is hereby amended by inserting after clause (g) the following clause:-
98	98	70 (g½) to provide for and assist any CDC, state agency or state authority in providing
99	99	71housing opportunities for incarcerated persons about to be released from a correctional facility
100	100	72and for formerly incarcerated persons.
101	101	73 SECTION 9. Clause (i) of the first paragraph of section 5 of said chapter 40H, as so
102	102	74appearing, is hereby amended by inserting after the word “housing”, in line 24, the following
103	103	75words:- ; provided that, such project shall include a priority and preference for incarcerated
104	104	76persons about to be released from a correctional facility and for formerly incarcerated persons. 5 of 8
105	105	77 SECTION 10. Section 1 of chapter 40R of the General Laws, as appearing in the 2020
106	106	78Official Edition, is hereby amended by inserting after the word “rate”, in line 24, the following
107	107	79words:- provided however, that any such housing development shall include a priority for the
108	108	80housing of low and moderate-income incarcerated persons about to be released from a
109	109	81correctional facility and for formerly incarcerated persons in any such development.
110	110	82 SECTION 11. Section 6 of chapter 40R of the General Laws, as appearing in the 2020
111	111	83Official Edition, is hereby amended by inserting after the word “housing”, in line 27, the
112	112	84following words:- provided however, that such ordinance or by-law shall include a priority for
113	113	85the housing of low and moderate-income incarcerated persons about to be released from a
114	114	86correctional facility and for formerly incarcerated persons in any such projects.
115	115	87 SECTION 12. Subsection (a) of section 4 of chapter 40V of the General Laws, as
116	116	88appearing in the 2020 Official Edition, is hereby amended by inserting after clause (i) the
117	117	89following clause:-
118	118	90 (ii) provides that, for any residential units constructed under this chapter, there shall be a
119	119	91priority for housing incarcerated persons about to be released from a correctional facility and for
120	120	92formerly incarcerated persons.
121	121	93 SECTION 13. The definition of “Community housing” in section 2 of chapter 44B of the
122	122	94General Laws is hereby amended by adding the following sentence:- Community housing shall
123	123	95include a priority and preference for incarcerated persons about to be released from a
124	124	96correctional facility and for formerly incarcerated persons.
125	125	97 SECTION 14. Subsection (s) of section 6 of chapter 62 of the General Laws, as
126	126	98appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:- 6 of 8
127	127	99 (7) In allocating tax credits pursuant to this section or the federal Low Income Housing
128	128	100Tax Credit program of the Tax Reform Act of 1986, the department shall include in its Qualified
129	129	101Allocation Plan a requirement of a priority and preference for all applications for credits for
130	130	102reentry housing opportunities for incarcerated persons about to be released from a correctional
131	131	103facility and for formerly incarcerated persons.
132	132	104 SECTION 15. Section 31H of chapter 63 of the General Laws, as so appearing, is hereby
133	133	105amended by adding the following subsection:-
134	134	106 (k) In allocating tax credits pursuant to this section or the federal Low-Income Housing
135	135	107Tax Credit program of the Tax Reform Act of 1986, the department shall establish in its
136	136	108Qualified Allocation Plan a requirement of a priority and preference category for all applications
137	137	109for credits for reentry housing opportunities for incarcerated persons about to be released from a
138	138	110correctional facility and for formerly incarcerated persons.
139	139	111 SECTION 16. Section 32 of chapter 121B of the General Laws, as appearing in the 2022
140	140	112Official Edition, is hereby amended by inserting after the word “regulations”, in line 144, the
141	141	113following words:- ; and (4) persons released from a correctional facility within the last 2 years.
142	142	114 SECTION 17. Subsection (b) of section 3 of chapter 121D of the General Laws is hereby
143	143	115amended by adding the following paragraph:-
144	144	116 The fund shall provide for a requirement of a priority and preference category for all
145	145	117applications for any expenditure from the fund, to an organization, for reentry housing
146	146	118opportunities for incarcerated persons about to be released from a correctional facility and for
147	147	119formerly incarcerated persons. 7 of 8
148	148	120 SECTION 18. Subsection (a) of chapter 121E of the General Laws, as appearing in the
149	149	1212020 Official Edition, is hereby amended by inserting after the word “individuals”, in line 11, the
150	150	122following words:- and reentry housing opportunities for incarcerated persons about to be released
151	151	123from a correctional facility and for formerly incarcerated persons.
152	152	124 SECTION 19. Subsection (a) of section 3 of chapter 121F of the General Laws, as so
153	153	125appearing, is hereby amended by inserting after the word “income” in line 35, the following
154	154	126words:- ; and provided further that for such persons, there shall be a priority for housing
155	155	127incarcerated persons about to be released from a correctional facility and for formerly
156	156	128incarcerated persons.
157	157	129 SECTION 20. Section 3 of chapter 121G of the General Laws, as so appearing, is hereby
158	158	130amended by inserting after the word “regulations”, in line 17, the following words:- ; provided
159	159	131that, for any housing units funded under this section, there shall be a priority for housing
160	160	132incarcerated persons about to be released from a correctional facility and for formerly
161	161	133incarcerated persons.
162	162	134 SECTION 21. Section 4A of chapter 708 of the acts of 1966 is hereby amended by
163	163	135adding the following paragraph:-
164	164	136 (q) Provide for and assist any agency or authority of the commonwealth in providing
165	165	137housing opportunities for incarcerated persons about to be released from a correctional facility
166	166	138and for formerly incarcerated persons.
167	167	139 SECTION 22. Section 7 of chapter 708 of the acts of 1966 is hereby amended by adding
168	168	140the following sentence:- Notwithstanding any other provision of this section, tenant selection 8 of 8
169	169	141plans shall include a priority and preference for incarcerated persons about to be released from a
170	170	142correctional facility and for formerly incarcerated persons.
171	171	143 SECTION 23. Section 1 of chapter 99 of the acts of 2020 is hereby amended by inserting
172	172	144after the words “with disabilities” the following words:- ; to create reentry housing opportunities
173	173	145for incarcerated persons about to be released from a correctional facility and affordable housing
174	174	146units for formerly incarcerated persons.
175	175	147 SECTION 24. Section 2 of chapter 99 of the acts of 2020 is hereby amended in item
176	176	1487004-0058 by adding the following words:- ; provided further, that there shall be a priority for
177	177	149such beneficiaries who are incarcerated persons about to be released from a correctional facility
178	178	150and who are formerly incarcerated persons.
179	179	151 SECTION 25. Notwithstanding any general or special law, rule or regulation to the
180	180	152contrary the department, in its capacity as a public housing agency shall, pursuant to section
181	181	1533202 of Public Law 117-7, the American Rescue Plan Act of 2021, implement a priority for
182	182	154emergency housing vouchers for incarcerated persons about to be released from a correctional
183	183	155facility and for formerly incarcerated persons.