Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2058 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 582 FILED ON: 1/10/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2058
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Steven George Xiarhos
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 relative to state compliance with detainer requests.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Steven George Xiarhos5th Barnstable1/10/2025Bradley H. Jones, Jr.20th Middlesex1/13/2025Donald R. Berthiaume, Jr.5th Worcester2/11/2025Joseph D. McKenna18th Worcester2/11/2025 1 of 3
16	16	HOUSE DOCKET, NO. 582 FILED ON: 1/10/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2058
18	18	By Representative Xiarhos of Barnstable, a petition (accompanied by bill, House, No. 2058) of
19	19	Steven George Xiarhos and others relative to state compliance with detainer requests. The
20	20	Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act relative to state compliance with detainer requests.
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. Chapter 147 of the General Laws is hereby amended by adding the
30	30	2following new section:-
31	31	3 Section 64. (a) As used in this section, the following words shall have the following
32	32	4meanings unless the context clearly requires otherwise:
33	33	5 “Law enforcement agency of the commonwealth”, any state, municipal, college or
34	34	6university police department, sheriff’s department, correctional facility, prosecutorial office,
35	35	7court, probation office, or a program of more than one of any such entity, or any other non-
36	36	8federal entity in the commonwealth charged with the enforcement of laws or the custody of
37	37	9detained persons.
38	38	10 “Detainer request”, a written request issued by the United States Immigration and
39	39	11Customs Enforcement agency, or any subdivision or bureau thereof, duly issued to any law
40	40	12enforcement agency of the commonwealth and directing said agency to provide notification 2 of 3
41	41	13before releasing an individual from custody, or to maintain custody of the individual for a period
42	42	14not to exceed 48 hours beyond the time the individual otherwise would be released, or both.
43	43	15 (b) Notwithstanding any general or special law to the contrary, no law enforcement
44	44	16agency of the commonwealth shall establish a policy or directive ordering its officers and
45	45	17employees to fail or refuse to comply with detainer requests pertaining to individuals within the
46	46	18custody of such agency, and no officer or employee of a law enforcement agency of the
47	47	19commonwealth, while acting under color of law, shall knowingly fail or refuse to comply with
48	48	20the terms of any detainer request pertaining to any individual within the custody of said agency.
49	49	21 (c) Notwithstanding any general or special law to the contrary, a law enforcement agency
50	50	22of the commonwealth in receipt of a detainer request pertaining to an individual within its
51	51	23custody shall notify the United States Immigration and Customs Enforcement agency of any
52	52	24planned release or change in the custody status of said individual not less than 24 hours in
53	53	25advance of such planned release or change.
54	54	26 SECTION 2. All state and local officials with law enforcement responsibilities shall
55	55	27receive training on the requirements of this act within six months of its passage, including
56	56	28training on the legal basis for detainer requests and the procedural steps for compliance.
57	57	29 SECTION 3. Every law enforcement agency of the commonwealth shall provide a report
58	58	30to the secretary of the executive office of public safety and security on or before the fifteenth day
59	59	31of January of each year detailing the number of detainer requests received by such agency during
60	60	32the preceding calendar year, together with an explanation of how many of said detainer requests
61	61	33were honored or not honored, and with an explanation for the reasons for any non-compliance,
62	62	34including but not limited to any policy or directive of the agency to dishonor or refuse to comply 3 of 3
63	63	35with such requests; provided, that no such report shall contain any personally-identifiable
64	64	36information concerning any individual subject to a detainer request. The secretary shall collect
65	65	37such information and submit a consolidated report as to the data for each individual law
66	66	38enforcement agency of the commonwealth to the Clerks of the House of Representatives and the
67	67	39Senate on or before the fifteenth day of February of each year.