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HOUSE DOCKET, NO. 1966 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 2578
The Commonwealth of Massachusetts
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PRESENTED BY:
Rob Consalvo
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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 codify the Suffolk County Sheriff’s authority to provide pre-arraignment care of
arrestees.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Rob Consalvo14th Suffolk1/15/2025 1 of 3
HOUSE DOCKET, NO. 1966 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 2578
By Representative Consalvo of Boston, a petition (accompanied by bill, House, No. 2578) of
Rob Consalvo for legislation relative to the Suffolk County Sheriff’s authority to provide pre-
arraignment care of arrestees. Public Safety and Homeland Security.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act to codify the Suffolk County Sheriff’s authority to provide pre-arraignment care of
arrestees.
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 34 of chapter 40 of the General Laws, as appearing in the 2020
2Official Edition, is hereby amended by striking out the first sentence and inserting in place
3thereof the following sentence:
4 Unless a member of a regional lockup facility, a city or town containing more than five
5thousand inhabitants shall, and any other town may, maintain a secure and convenient lockup to
6which a person arrested without a warrant may be committed; and a magistrate may commit, for
7further examination, a prisoner charged with a bailable offense and not recognizing, to the
8lockup in the town where the prisoner was arrested, to any regional lockup of which that town is
9a member, or to the lockup in a town where the court is held, if he considers it safe and
10commodious and that expense may be saved thereby. 2 of 3
11 SECTION 2. Section 35 of chapter 40, as so appearing, is hereby amended by inserting
12after the first paragraph the following paragraph:
13 Notwithstanding the foregoing paragraph, if there is a county regional lock-up facility,
14the sheriff of that county shall be responsible for the appointment of the administrator of the
15lock-up facility who shall serve for such term as the sheriff shall determine and who can be
16terminated from such position with or without cause at the sole discretion of the sheriff. Written
17notice of the same shall be filed with the county commissioners and the clerk of each member
18city or town. The administrator of the regional lock-up facility shall have all the powers and
19duties of a keeper of the lock-up.
20 SECTION 3. Section 36B of chapter 40, as so appearing, is hereby amended by inserting
21after the word “town,” in the first sentence, the following word:
22 , regional,
23 SECTION 4. Section 36B of chapter 40, as so appearing, is hereby further amended by
24inserting after the word “department,” in the first sentence the following words:-
25 , county sheriff,
26 SECTION 5. Notwithstanding sections 34 to 37A of chapter 40 of the General Laws, or
27any other general or special law to the contrary, the sheriff of Suffolk county may establish a
28regional lockup facility within the site of the Suffolk county jail and house of correction, or
29elsewhere within the county of Suffolk, which shall be used only for the detention of persons
30arrested upon probable cause or warrant or a person arrested under a civil process. There shall be
31space made available for interviews and space assigned for use by the clerk/magistrates for bail 3 of 3
32hearings. The regional lockup facility established under this section shall have the same function
33and power as a lockup established under section 34 of chapter 40. A city or town of Suffolk
34county, a state or federal law enforcement agency may, subject to the discretion of the sheriff of
35Suffolk County, become a member of the county regional lockup system by executing, with the
36consent of the appropriate governing body, a written agreement with the sheriff of Suffolk
37County. The agreement shall be filed with the corresponding city and town clerk and the
38secretary of state and shall set forth the details of the agreement as to the transportation and
39booking of prisoners.
40 Member police officers who are transporting a prisoner to a regional lockup facility shall,
41during transport, have the full authority and jurisdiction of a police officer through any city,
42town, or county. Member city or town police departments do not have to comply with section
4336C of chapter 40. The requirements and duties set forth in sections 36A to 36, inclusive, of
44chapter 40 shall pertain to the regional lockup facility and the sheriff's office, except that all
45training provided for in section 36C of chapter 40 shall be completed within 1 year of the
46establishment of the facility. The regional lockup administrator and sheriffs of the Suffolk county
47regional lockup facility shall have the same authority, jurisdiction and duty to detain, book, hold
48and transport a pre-arraignment prisoner or any other prisoner to or from the regional lockup as
49required under chapter 40.
50 SECTION 6. The sheriff of Suffolk County shall be afforded all the protections of section
519 of chapter 258, as though the sheriff held office under the constitution within the meaning of
52this statute.
53 SECTION 7. This act shall take effect upon passage.