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HOUSE DOCKET, NO. 4161 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 1804
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Bradley H. Jones, Jr.
_________________
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 relative to public safety, fiscal responsibility, and emergency assistance.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Bradley H. Jones, Jr.20th Middlesex1/17/2025Kimberly N. Ferguson1st Worcester1/21/2025Paul K. Frost7th Worcester1/31/2025Todd M. Smola1st Hampden1/30/2025David F. DeCoste5th Plymouth1/28/2025David K. Muradian, Jr.9th Worcester1/29/2025Marc T. Lombardo22nd Middlesex1/29/2025Hannah Kane11th Worcester1/29/2025John J. Marsi6th Worcester1/29/2025Steven S. Howitt4th Bristol1/30/2025Steven George Xiarhos5th Barnstable1/30/2025Marcus S. Vaughn9th Norfolk1/30/2025Joseph D. McKenna18th Worcester1/30/2025Donald R. Berthiaume, Jr.5th Worcester2/3/2025 1 of 8
HOUSE DOCKET, NO. 4161 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 1804
By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1804) of
Bradley H. Jones, Jr. and others relative to public safety, fiscal responsibility, and emergency
assistance. The Judiciary.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act relative to public safety, fiscal responsibility, and emergency assistance.
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 276 of the General Laws is hereby amended by inserting after
2section 20R the following section:-
3 Section 20S. (a) Any employee of the Commonwealth, or a public instrumentality or
4political subdivision thereof, who holds police powers or the powers of a sheriff or deputy
5sheriff, including but not limited to municipal police officers, court officers, and state troopers,
6and who has lawful custody of a person may, upon receipt of (1) a written request from United
7States Immigration and Customs Enforcement requesting detention of such person on the
8grounds that there is probable cause that such person is a removable alien and (2) an
9administrative warrant for arrest or warrant of removal/deportation, detain such person for a
10reasonable period of time after such person would otherwise be released from custody in order to
11transfer custody of such person to United States Immigration and Customs Enforcement,
12provided that a supervisory officer of such employee’s agency has, in accordance with a policy 2 of 8
13promulgated in accordance with subsection (c), first determined that there are specific facts
14indicating that the person to be detained poses a threat to public safety; and further provided that
15such person be provided with a copy of such written request; and further provided that in no
16circumstances shall such detention exceed 12 hours unless an appropriate judicial officer shall
17have made a probable cause determination under the procedure set forth in subsection (d).
18 (b) As used in subsection (a), “specific facts indicating that the person to be detained
19poses a threat to public safety” shall mean that, at a minimum, any of the following facts are true
20with respect to such person:
21 (1) the person has engaged in or is suspected of terrorism or espionage, or otherwise
22poses a danger to national security;
23 (2) the person has been convicted of an offense of which an element was active
24participation in a criminal street gang, as defined in 18 U.S.C. § 521(a);
25 (3) the person has been convicted of an offense classified as a felony, other than a state or
26local offense for which an essential element was the person’s immigration status;
27 (4) the person has been convicted of an aggravated felony, as defined under 8 U.S.C. §
281101(a)(43); or
29 (5) the person has been convicted of a crime of (i) domestic violence; (ii) sexual abuse or
30exploitation; (iii) trafficking in persons in violation of sections 50 or 51 of chapter 265 or like
31violations of the law of another state, the United States or a military, territorial or Indian tribal
32authority; (iv) burglary; (v) unlawful possession or use of a firearm; (vi) drug distribution or 3 of 8
33trafficking; (vii) second or subsequent operating or driving under the influence; or (viii) any
34other offense for which the person has been sentenced to time in custody of 180 days or more.
35 (c) Each agency of the Commonwealth or any public instrumentality or political
36subdivision of the Commonwealth that chooses to allow its employees to exercise the authority
37granted by subsection (a) shall promulgate a written policy designating which supervisory
38officers may make the determination required by subsection (a) before a person is detained and
39the criteria such supervisory officer shall use in making such determination.
40 (d) A determination of probable cause for detention shall be made by an appropriate
41judicial officer and promptly reduced to writing. The appropriate judicial officer shall consider
42any information presented by the detaining agency, whether or not known at the time of initial
43detention. The detaining agency shall present the information under oath or affirmation or under
44the pains and penalties of perjury, and may present the information orally, in person or by any
45other means, or in writing. If presented in writing, the information may be transmitted to the
46appropriate judicial officer by facsimile transmission or by electronic mail or by such other
47electronic means as may be found acceptable by the court. The determination of probable cause
48for detention shall be an ex parte proceeding. The person detained shall have no right to appear,
49either in person or by counsel. If the judicial officer determines that there is not probable cause
50to believe the person detained is a removable alien, then the judicial officer shall order that the
51person be released forthwith. Such a determination and order shall be filed in the District Court
52having jurisdiction over the location of the detention, together with all written information
53submitted by the detaining agency. Such documents shall be filed separately from the records of
54criminal cases, and shall be open for inspection by the public. If a determination under this
55subsection is necessary, the detaining agency shall present the information necessary to obtain 4 of 8
56such determination to the appropriate judicial officer as soon as reasonably possible after the
57detention begins, but no later than 12 hours after the detention begins.
58 (e) This section shall not be construed to give rise to a private right of action and shall not
59be construed so as to make unlawful any arrest in this commonwealth which would otherwise be
60lawful.
61 SECTION 2. Notwithstanding any general or special law to the contrary, any funds
62expended for the purpose of providing services through or related to those served by the
63emergency housing assistance program shall be subject to a competitive bidding process.
64 SECTION 3. Section 30 of Chapter 23B of the General Laws, as appearing in the 2022
65Official Edition, is hereby amended by inserting the following paragraph after the first
66paragraph:-
67 (a) Notwithstanding any general or special law, rule, or regulation to the contrary,
68eligibility for the emergency housing assistance program shall be limited to (1) United States
69citizens and (2) lawfully present immigrants who have maintained continuous legal residency in
70the Commonwealth of Massachusetts for at least 12 consecutive months immediately prior to the
71date of application.
72 (b) Acceptable proof of legal residency must consist of the following two forms of
73documentation, both issued at least 12 months before the application date:
74 Proof of U.S. Citizenship or Lawful Permanent Residency: (1) A valid U.S. Passport with
75a Massachusetts address; (2) A certified U.S. Birth Certificate with proof of Massachusetts 5 of 8
76residency; (3) A valid Certificate of Naturalization or Citizenship; (4) A valid Green Card
77(Permanent Resident Card) issued at least one year prior.
78 Proof of Continuous Residency in Massachusetts: (1) Filed Massachusetts state income
79tax return for the most recent tax year r; (2) Valid REAL ID-compliant Massachusetts driver’s
80license issued at least one year prior; (3) Utility bill, lease, or mortgage statement in the
81applicant's name, dated at least one year prior; Or (4) pay stubs showing continuous
82Massachusetts employment for at least one year.
83 (d) All submitted documentation shall be subject to verification by the Executive Office
84of Housing and Livable Communities in coordination with the Department of Revenue and the
85Registry of Motor Vehicles. Any attempt to submit fraudulent documents will result in
86permanent disqualification from the program.
87 (e) The Executive Office of Housing and Livable Communities shall promulgate
88regulations to enforce this residency requirement, including procedures for cross-agency
89verification and fraud detection.
90 (f) For purposes of this section, a residency requirement shall not be required for victims
91of domestic violence; or a person whose living situation has been affected by a fire or other
92natural disaster that occurred in Massachusetts.
93 SECTION 4. Section 30 of Chapter 23B of the General Laws, as appearing in the 2022
94Official Edition, is hereby amended by inserting at the end thereof the following paragraph:-
95 "Notwithstanding any general or special law to the contrary, no individual convicted or
96charged with a violent felony or a sexual offense pursuant to chapter 265 of the General Laws, as 6 of 8
97so appearing, while receiving benefits pursuant to this chapter shall be eligible to continue to
98receive such benefits absent a written waiver issued by the secretary of the executive office of
99housing and livable communities."
100 SECTION 5. The office of the inspector general, shall, subject to appropriation, convene
101a special unit for the purpose of providing ongoing and comprehensive oversight of actions taken
102by the commonwealth in response to the ongoing crisis attributable to the influx of migrants into
103the state. Such a special unit shall identify, review, and analyze the cost and cost-effectiveness of
104specialized contracts and procurements, and payments for such resources as food, and housing,
105healthcare, education, and legal services.
106 Said unit shall file reports, together with legislative and regulatory recommendations,
107with the clerks of the House and Senate, the Senate and House Committees on Ways and Means,
108and the Secretary of Administration and Finance quarterly, beginning not later than 3 months
109following the passage of this act, for a period of not less than 3 years, unless otherwise such
110requirement is otherwise modified, terminated, or extended, provided that such reports shall also
111be posted electronically so as to enable public inspection.
112 SECTION 6. Section 5 shall expire 3 years after the passage of this act.
113 SECTION 7. Section 30 of Chapter 23B of the General Laws, as appearing in the 2022
114Official Edition, is hereby amended by inserting the following paragraph after the first
115paragraph:-
116 The executive office shall prioritize access to emergency shelter assistance for the
117following groups: (1) Veterans as defined by section 1 of chapter 115; (2) elderly persons as
118defined in section 14 of chapter 19A; (3) families with legal residence in the Commonwealth 7 of 8
119who are homeless or at risk of homelessness, as defined by regulations promulgated by the
120executive office; (4) victims of domestic violence; or (5) a person whose living situation has
121been affected by a fire or other natural disaster that occurred in Massachusetts.
122 SECTION 8. Paragraph (G) of section 30 of chapter 23B of the General Laws, as most
123recently amended by section 3 of chapter 88 of the Acts of 2024, is hereby amended by striking
124out subparagraph (3) and inserting in place thereof the following paragraph:-
125 (3) A family with children or a pregnant woman with no other children that receives
126benefits through the emergency housing assistance program shall, subject to appropriation and
127rules and regulations, remain eligible for the program for not more than 6 consecutive months.
128 SECTION 9. (a) For purposes of this Act “Background Check” shall be defined as a “a
129comprehensive review of an individual’s personal, criminal, and financial history, including but
130not limited to: criminal records at the state, federal, and international levels; employment history;
131education verification; immigration or residency status; financial history, including credit
132checks; presence on international or domestic criminal watch lists.”
133 (b) The background check shall be conducted by an approved and licensed entity that
134complies with federal, state, and local laws governing background investigations, including but
135not limited to the United States Fair Credit Reporting Act.
136 (c) The required background check shall include, but is not limited to: criminal history
137review, including state, national, and international records; verification of employment and
138education history; immigration and residency status verification through the Department of
139Homeland Security or its equivalent; review of financial history, including creditworthiness, if
140applicable to program eligibility criteria; social security number verification and identification 8 of 8
141validation; and, screening against state and federal sex offender registries and other public safety
142databases.
143 (d) Law enforcement agencies accessing data under this provision shall adhere to all
144applicable state and federal privacy and data protection laws.
145 (e) Individuals with criminal convictions related to violent crimes, sexual offenses, fraud,
146or other serious offenses committed within the past 10 years may be deemed ineligible for
147housing program participation, subject to review by the administering agency.
148 (f) All information obtained through the background check process and data access under
149this Act shall be kept confidential and used solely for the purposes provided in this Act.
150 (g) Administering agencies and law enforcement must establish secure systems for the
151storage and handling of sensitive information.
152 (h) Background check and data access procedures under this Act shall comply with all
153applicable state and federal privacy laws, including but not limited to the General Data
154Protection Regulation (GDPR) for international applicants.
155 (i) Any agency or entity administering housing programs or managing data found in
156violation of this Act shall be subject to penalties, including fines, suspension of funding, or other
157sanctions as determined by the Executive Office of Housing and Livable Communities or other
158applicable authorities.