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HOUSE DOCKET, NO. 2987 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 1554
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Samantha Montaño
_________________
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 secure housing for returning citizens.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Samantha Montaño15th Suffolk1/16/2025 1 of 8
HOUSE DOCKET, NO. 2987 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 1554
By Representative Montaño of Boston, a petition (accompanied by bill, House, No. 1554) of
Samantha Montaño that the Department of Housing and Community Development provide for
programs, policies, guidelines, priorities and preferences for the housing of formerly incarcerated
persons reentering communities. Housing.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act to secure housing for returning citizens.
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. Section 16I of chapter 6A of the General Laws, as appearing in the 2020
2Official Edition, is hereby amended by inserting after the word “secretary”, in line 30, the
3following words:- and (iv) costs associated with the reentry and formerly incarcerated persons
4program established in section 31 of chapter 23B.
5 SECTION 2. Chapter 23B of the General Laws is hereby amended by adding the
6following section:-
7 Section 31. (a) There shall be a reentry and formerly incarcerated persons program
8administered by the department. The department shall be the central coordinating agency for the
9program. The department, in coordination with the department of correction, the office of
10probation, and the parole board shall help incarcerated people: (i) understand housing options
11before and after their release; (ii) find pathways to both short-term and permanent housing; and 2 of 8
12(iii) receive financial supports, such as housing vouchers, from the state. For the purposes of this
13section the term “understand housing options” shall include: (i) an ongoing effort by the
14department to evaluate and ensure such understanding; (ii) the department’s establishment of
15tools for instruction of such understanding; and (iii) evaluating outcomes in the understanding of
16housing options for incarcerated people. Such tools and evaluations shall include oral and written
17surveys, and setting guidelines and goals for measurable success based on the frame of reference
18of a formerly incarcerated person.
19 The department shall partner with established community-based organizations with a
20record of working with reentry of incarcerated and formerly incarcerated persons to assist with
21positive outcomes and impacts. Such community-based organizations should prioritize including
22affected populations, such as formerly incarcerated persons and their families, in the leadership
23of their organization.
24 The department, in coordination with other relevant state agencies, shall provide for
25housing, supportive programs, and oversight of housing formerly incarcerated persons in any
26housing receiving funds administered by any state agency or regulated by the department. The
27department shall develop and implement outcome-based measurements for the success of such
28housing, supportive programs, and oversight.
29 (b) For any funds administered by the department, any state agency, or any state authority
30for the purposes of providing for affordable housing, the department shall review the
31implementation of the program and the expenditure of funds, including tax expenditures, for the
32program no less than annually. The department’s review shall include, but not be limited to:
33 (i) The number and demographic data of persons served by the program; 3 of 8
34 (ii) The compliance of each beneficiary of state funds for the purposes of the program
35and the state funds received regarding the preferences for persons served by the program; and
36 (iii) Any opportunities to improve the effectiveness of the program in meeting its
37purposes, intent or goals based on feedback and data gathered from formerly incarcerated
38persons, persons currently experiencing housing instability related to former incarceration, and
39community-based organizations, staff participants, and partner agencies that serve such persons.
40 (c) Annually, the department shall submit a report of its review of the program, including
41but not limited to, the program’s impacts and outcomes to the joint committee on housing and
42the joint committee on community development and small businesses and the clerks of the house
43of representatives and the senate.
44 SECTION 3. Subsection (a) of section 3 of chapter 23G of the General Laws is hereby
45amended by adding the following clause:-
46 (36) to provide for and assist any agency or authority of the commonwealth in providing
47housing opportunities for incarcerated persons about to be released from a correctional facility
48and for formerly incarcerated persons.
49 SECTION 4. Section 19 of said chapter 23G is hereby amended by inserting after the
50word “housing”, in line 29, the following words:- ; provided that, such housing project assisted
51by the agency shall include a priority and preference for incarcerated persons about to be
52released from a correctional facility and for formerly incarcerated persons.
53 SECTION 5. Subsection (b) of section 60 of chapter 40 of the General Laws, as
54appearing in the 2020 Official Edition, is hereby amended by inserting after the word “AMI”, in 4 of 8
55lines 121 and 125, the following words:- provided that, for any housing units assisted under this
56section, there shall be a priority for housing incarcerated persons about to be released from a
57correctional facility and for formerly incarcerated persons.
58 SECTION 6. Subsection (c) of section 60B of chapter 40 of the General Laws, as
59appearing in the 2020 Official Edition, is hereby amended by inserting after the word
60“agreement”, in line 80, the following words:- provided that, for any residential units constructed
61under this section, there shall be a priority for housing incarcerated persons about to be released
62from a correctional facility and for formerly incarcerated persons.
63 SECTION 7. Section 20 of chapter 40B of the General Laws, as appearing in the 2020
64Official Edition, is hereby amended by inserting after the word “affected”, in line 25, the
65following words:- provided however, that the regional need shall include affordable housing for
66reentry housing for low and moderate-income incarcerated persons about to be released from a
67correctional facility and for formerly incarcerated persons.
68 SECTION 8. Section 4 of chapter 40H of the General Laws, as appearing in the 2020
69Official Edition, is hereby amended by inserting after clause (g) the following clause:-
70 (g½) to provide for and assist any CDC, state agency or state authority in providing
71housing opportunities for incarcerated persons about to be released from a correctional facility
72and for formerly incarcerated persons.
73 SECTION 9. Clause (i) of the first paragraph of section 5 of said chapter 40H, as so
74appearing, is hereby amended by inserting after the word “housing”, in line 24, the following
75words:- ; provided that, such project shall include a priority and preference for incarcerated
76persons about to be released from a correctional facility and for formerly incarcerated persons. 5 of 8
77 SECTION 10. Section 1 of chapter 40R of the General Laws, as appearing in the 2020
78Official Edition, is hereby amended by inserting after the word “rate”, in line 24, the following
79words:- provided however, that any such housing development shall include a priority for the
80housing of low and moderate-income incarcerated persons about to be released from a
81correctional facility and for formerly incarcerated persons in any such development.
82 SECTION 11. Section 6 of chapter 40R of the General Laws, as appearing in the 2020
83Official Edition, is hereby amended by inserting after the word “housing”, in line 27, the
84following words:- provided however, that such ordinance or by-law shall include a priority for
85the housing of low and moderate-income incarcerated persons about to be released from a
86correctional facility and for formerly incarcerated persons in any such projects.
87 SECTION 12. Subsection (a) of section 4 of chapter 40V of the General Laws, as
88appearing in the 2020 Official Edition, is hereby amended by inserting after clause (i) the
89following clause:-
90 (ii) provides that, for any residential units constructed under this chapter, there shall be a
91priority for housing incarcerated persons about to be released from a correctional facility and for
92formerly incarcerated persons.
93 SECTION 13. The definition of “Community housing” in section 2 of chapter 44B of the
94General Laws is hereby amended by adding the following sentence:- Community housing shall
95include a priority and preference for incarcerated persons about to be released from a
96correctional facility and for formerly incarcerated persons.
97 SECTION 14. Subsection (s) of section 6 of chapter 62 of the General Laws, as
98appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:- 6 of 8
99 (7) In allocating tax credits pursuant to this section or the federal Low Income Housing
100Tax Credit program of the Tax Reform Act of 1986, the department shall include in its Qualified
101Allocation Plan a requirement of a priority and preference for all applications for credits for
102reentry housing opportunities for incarcerated persons about to be released from a correctional
103facility and for formerly incarcerated persons.
104 SECTION 15. Section 31H of chapter 63 of the General Laws, as so appearing, is hereby
105amended by adding the following subsection:-
106 (k) In allocating tax credits pursuant to this section or the federal Low-Income Housing
107Tax Credit program of the Tax Reform Act of 1986, the department shall establish in its
108Qualified Allocation Plan a requirement of a priority and preference category for all applications
109for credits for reentry housing opportunities for incarcerated persons about to be released from a
110correctional facility and for formerly incarcerated persons.
111 SECTION 16. Section 32 of chapter 121B of the General Laws, as appearing in the 2022
112Official Edition, is hereby amended by inserting after the word “regulations”, in line 144, the
113following words:- ; and (4) persons released from a correctional facility within the last 2 years.
114 SECTION 17. Subsection (b) of section 3 of chapter 121D of the General Laws is hereby
115amended by adding the following paragraph:-
116 The fund shall provide for a requirement of a priority and preference category for all
117applications for any expenditure from the fund, to an organization, for reentry housing
118opportunities for incarcerated persons about to be released from a correctional facility and for
119formerly incarcerated persons. 7 of 8
120 SECTION 18. Subsection (a) of chapter 121E of the General Laws, as appearing in the
1212020 Official Edition, is hereby amended by inserting after the word “individuals”, in line 11, the
122following words:- and reentry housing opportunities for incarcerated persons about to be released
123from a correctional facility and for formerly incarcerated persons.
124 SECTION 19. Subsection (a) of section 3 of chapter 121F of the General Laws, as so
125appearing, is hereby amended by inserting after the word “income” in line 35, the following
126words:- ; and provided further that for such persons, there shall be a priority for housing
127incarcerated persons about to be released from a correctional facility and for formerly
128incarcerated persons.
129 SECTION 20. Section 3 of chapter 121G of the General Laws, as so appearing, is hereby
130amended by inserting after the word “regulations”, in line 17, the following words:- ; provided
131that, for any housing units funded under this section, there shall be a priority for housing
132incarcerated persons about to be released from a correctional facility and for formerly
133incarcerated persons.
134 SECTION 21. Section 4A of chapter 708 of the acts of 1966 is hereby amended by
135adding the following paragraph:-
136 (q) Provide for and assist any agency or authority of the commonwealth in providing
137housing opportunities for incarcerated persons about to be released from a correctional facility
138and for formerly incarcerated persons.
139 SECTION 22. Section 7 of chapter 708 of the acts of 1966 is hereby amended by adding
140the following sentence:- Notwithstanding any other provision of this section, tenant selection 8 of 8
141plans shall include a priority and preference for incarcerated persons about to be released from a
142correctional facility and for formerly incarcerated persons.
143 SECTION 23. Section 1 of chapter 99 of the acts of 2020 is hereby amended by inserting
144after the words “with disabilities” the following words:- ; to create reentry housing opportunities
145for incarcerated persons about to be released from a correctional facility and affordable housing
146units for formerly incarcerated persons.
147 SECTION 24. Section 2 of chapter 99 of the acts of 2020 is hereby amended in item
1487004-0058 by adding the following words:- ; provided further, that there shall be a priority for
149such beneficiaries who are incarcerated persons about to be released from a correctional facility
150and who are formerly incarcerated persons.
151 SECTION 25. Notwithstanding any general or special law, rule or regulation to the
152contrary the department, in its capacity as a public housing agency shall, pursuant to section
1533202 of Public Law 117-7, the American Rescue Plan Act of 2021, implement a priority for
154emergency housing vouchers for incarcerated persons about to be released from a correctional
155facility and for formerly incarcerated persons.