Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1757 Latest Draft

Bill / Introduced Version Filed 02/27/2025

                            1 of 1
HOUSE DOCKET, NO. 1686       FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 1757
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Russell E. Holmes
_________________
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 restoring the furlough program for incarcerated persons.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Russell E. Holmes6th Suffolk1/15/2025 1 of 4
HOUSE DOCKET, NO. 1686       FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 1757
By Representative Holmes of Boston, a petition (accompanied by bill, House, No. 1757) of 
Russell E. Holmes relative to furlough programs for incarcerated persons. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1553 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act restoring the furlough program for incarcerated persons.
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 127 of the General Laws is hereby amended by striking out section 
290A and inserting in place thereof the following section:-
3 Section 90A. (a) The commissioner may extend the limits of the place of confinement of 
4a committed offender at any state correctional facility by authorizing such committed offender 
5under prescribed conditions to be away from such correctional facility but within the 
6commonwealth for a specified period of time, not to exceed 14 days during any 12 month period 
7nor more than 7 days at any one time. 
8 (b) Such authorization may be granted for any of the following purposes: (i) to attend the 
9funeral of a relative; (ii) to visit a critically ill relative; (iii) to obtain medical, psychiatric, 
10psychological or other social services when adequate services are not available at the facility and  2 of 4
11cannot be obtained by temporary placement in a hospital under sections one hundred and 
12seventeen, one hundred and seventeen A, and one hundred and eighteen; (iv) to contact 
13prospective employers; (v) to secure a suitable residence for use upon release on parole or 
14discharge; (vi) for any other reason consistent with the reintegration of a committed offender into 
15the community. For the purposes of this section the word “relative” shall mean the committed 
16offender’s father, mother, child, brother, sister, husband or wife and, if the committed offender’s 
17grandparent, uncle, aunt or foster parent acted as the committed offender’s parent in rearing such 
18committed offender, it shall also mean such grandparent, uncle, aunt or foster parent.
19 (c) A committed offender who is serving a life sentence or a sentence in a state 
20correctional facility for violation of section thirteen, thirteen B, 13B ½, 13B ¾, fourteen, fifteen, 
21fifteen A, fifteen B, sixteen, seventeen, eighteen, eighteen A, nineteen, twenty, twenty-one, 
22twenty-two, twenty-two A, 22B, 22C, twenty-three, 23A, 23B, twenty-four, twenty-four B, 
23twenty-five or section twenty-six of chapter two hundred and sixty-five, or section seventeen, 
24thirty-four, thirty-five, or section thirty-five A of chapter two hundred and seventy-two, or for an 
25attempt to commit any crime referred to in said sections may be eligible for such authorization 
26pursuant to subsections (a) and (b) upon the recommendation of the superintendent on behalf of a 
27particular committed offender and upon the approval of the commissioner. The administrator of a 
28county correctional facility may grant like authorization to a committed offender in such facility. 
29 (d) A person away from a correctional facility pursuant to this section may be 
30accompanied by an employee of the department, in the discretion of the commissioner, or an 
31officer of a county correctional facility, in the discretion of the administrator. 3 of 4
32 (e) Any expenses incurred under the provisions of this section may be paid by the 
33correctional facility in which the committed offender is committed. A committed offender shall, 
34during the committed offender’s absence from a correctional facility under this section, be 
35considered as in the custody of the correctional facility and the time of such absence shall be 
36considered as part of the term of sentence.
37 SECTION 2. Said chapter 127 is hereby further amended by striking out sections 83A 
38and 83B and inserting in place thereof the following 2 sections:-
39 Section 83A. The commissioner is hereby authorized to establish, on land under the 
40control of the department of environmental management or of the metropolitan district 
41commission and upon sites approved by the commissioner of conservation and recreation, camps 
42to which male prisoners, including male prisoners sentenced to life who have served 8 years may 
43be removed for employment, as designated and approved by the commissioner of conservation 
44and recreation, in reforestation, maintenance and development of state forests, who have shown 
45by their conduct and disposition that they would be amenable to less rigorous discipline and 
46would benefit from work in the open air; provided, however, that only one such camp may be 
47established on land within the urban parks district. Before any site for any such camp shall be 
48approved, a public hearing shall be held by the commissioner of conservation and recreation, in a 
49city or town situated within a radius of ten miles of the proposed site.
50 Section 83B. The commissioner may remove to any camp so established any prisoner 
51held in a correctional institution of the commonwealth except the Massachusetts Correctional 
52Institution, Framingham, and sentenced prisoners in jails and houses of correction, including 
53male prisoners sentenced to life who have served 8 years, except a prisoner serving a sentence  4 of 4
54imposed for violation of sections twenty-two, 22A, 22B, 22C, twenty-three, 23A, 23B and 
55twenty-four of chapter two hundred and sixty-five and for attempt to commit a crime referred to 
56in said sections, who, in his judgment, may properly be so removed and may at any time return 
57such prisoners to the prison from whence removed. Prisoners so removed shall be entitled to a 
58permit to be at liberty as provided under the provisions of sections 128 and 133 of chapter 127.
59 If a prisoner escapes or attempts to escape from a prison camp all deductions from the 
60sentence he is then serving shall be thereby forfeited. A prisoner who is entitled to have the term 
61of his imprisonment reduced shall receive from the parole board a certificate of discharge and 
62shall be released from the prison camp on the date which has been determined by such additional 
63deduction from the maximum term of his sentence or sentences. 
64 SECTION 3. Said chapter 127 is hereby further amended by striking out section 97 and 
65inserting in place thereof the following section:-
66 Section 97. The commissioner may transfer any sentenced prisoner from one correctional 
67institution of the commonwealth to another, and with the approval of the sheriff of the county 
68from any such institution except a prisoner who has not served at least 8 years of a life sentence 
69to any jail or house of correction, or a sentenced prisoner from any jail or house of correction to 
70any such institution except the Massachusetts Correctional Institution, Cedar Junction, or from 
71any jail or house of correction to any other jail or house of correction. Prisoners so removed shall 
72be subject to the terms of their original sentences and 	to the provisions of law governing parole 
73from the correctional institutions of the commonwealth.