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| 2 | 2 | | HOUSE DOCKET, NO. 3241 FILED ON: 1/16/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2591 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Marjorie C. Decker |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act to build restorative family and community connection. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex1/16/2025Mindy Domb3rd Hampshire1/27/2025Natalie M. Higgins4th Worcester1/27/2025Lindsay N. Sabadosa1st Hampshire1/27/2025Erika Uyterhoeven27th Middlesex1/29/2025Danillo A. Sena37th Middlesex1/31/2025Samantha Montaño15th Suffolk2/5/2025Carmine Lawrence Gentile13th Middlesex2/5/2025Mike Connolly26th Middlesex2/10/2025James B. EldridgeMiddlesex and Worcester2/10/2025Steven Owens29th Middlesex2/14/2025David Henry Argosky LeBoeuf17th Worcester2/20/2025James C. Arena-DeRosa8th Middlesex2/21/2025Vanna Howard17th Middlesex3/5/2025Christopher J. Worrell5th Suffolk3/11/2025Manny Cruz7th Essex3/11/2025Chynah Tyler7th Suffolk3/12/2025 1 of 9 |
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| 16 | 16 | | HOUSE DOCKET, NO. 3241 FILED ON: 1/16/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2591 |
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| 18 | 18 | | By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 2591) of |
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| 19 | 19 | | Marjorie C. Decker and others for legislation to to maximize visitation of incarcerated |
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| 20 | 20 | | individuals. Public Safety and Homeland Security. |
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| 21 | 21 | | The Commonwealth of Massachusetts |
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| 22 | 22 | | _______________ |
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| 23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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| 24 | 24 | | (2025-2026) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act to build restorative family and community connection. |
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| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 28 | 28 | | of the same, as follows: |
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| 29 | 29 | | 1 Section 36C of chapter 127 of the General Laws of 2022, is hereby amended by striking |
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| 30 | 30 | | 2out the section in its entirety and inserting in place thereof the following: |
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| 31 | 31 | | 3 Section 36C. |
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| 32 | 32 | | 4 (a) The Commissioner of Correction and administrators of state prisons and county |
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| 33 | 33 | | 5correctional facilities shall establish a policy to maximize visitation. The Commissioner of |
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| 34 | 34 | | 6Correction and administrators of state prisons and county correctional facilities shall not: (1) |
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| 35 | 35 | | 7prohibit, eliminate, or unreasonably limit in-person visitation of incarcerated people; or (2) |
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| 36 | 36 | | 8coerce, compel, or otherwise pressure an incarcerated person to forego or limit in-person |
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| 37 | 37 | | 9visitation. A complaint process shall be established for visitors to report any complaints related |
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| 38 | 38 | | 10to the conduct of correctional staff during or related to visitation, appealable to Commissioner of |
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| 39 | 39 | | 11Correction and Sheriffs. 2 of 9 |
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| 40 | 40 | | 12 (b) The Commissioner of Correction and administrators of state prisons and county |
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| 41 | 41 | | 13correctional facilities shall provide all incarcerated people with: (1) at least two visiting periods |
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| 42 | 42 | | 14per day, at least one of which shall be at least four hours in length; (2) at least one eight-hour |
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| 43 | 43 | | 15visiting period each weekend; and (3) at least one four-hour visiting period on every state and |
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| 44 | 44 | | 16federal holiday. For purposes of this section “visiting period” includes time spent with visitors |
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| 45 | 45 | | 17and does not include time that visitors spend processing in and out of the institution. No |
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| 46 | 46 | | 18institution shall restrict or limit visiting area capacity below that which may be required by |
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| 47 | 47 | | 19building or occupancy codes. If the visiting area capacity is too small to accommodate the |
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| 48 | 48 | | 20visiting periods required by this section, then any reduction in visiting periods shall be |
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| 49 | 49 | | 21documented in writing and reported publicly with all personal identifying information redacted. |
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| 50 | 50 | | 22The Commissioner of Correction and administrators of state prisons and county correctional |
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| 51 | 51 | | 23facilities shall exhaust all available means of increasing visitation capacity to meet the |
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| 52 | 52 | | 24requirements of this section. Visitation shall not be decreased below that which is offered on |
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| 53 | 53 | | 25January 1, 2025. |
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| 54 | 54 | | 26 (c) The Commissioner of Correction and administrators of state prisons and county |
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| 55 | 55 | | 27correctional facilities shall not place limitations on the number of individuals who may be |
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| 56 | 56 | | 28eligible to visit an incarcerated person. |
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| 57 | 57 | | 29 (d) The Commissioner of Correction and administrators of state prisons and county |
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| 58 | 58 | | 30correctional facilities may require pre-approval for visitors. Any pre-approval system shall (1) |
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| 59 | 59 | | 31require only the personal information that is included on state issued identification or passport; |
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| 60 | 60 | | 32(2) allow people to update their pre-approved visitor list on request and ensure a response to such |
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| 61 | 61 | | 33update requests within 7 calendar days; (3) allow exceptions to the pre-approval process for first |
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| 62 | 62 | | 34time visitors traveling from further than 75 miles away; and (4) ensure that visitors pre-approved 3 of 9 |
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| 63 | 63 | | 35to visit an incarcerated person at one prison, jail, or house of correction may visit that same |
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| 64 | 64 | | 36person if they are transferred to a different prison, jail, or house of correction. The Commissioner |
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| 65 | 65 | | 37of Correction and administrators of state prisons and county correctional facilities shall comply |
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| 66 | 66 | | 38with all applicable statutes, regulations, and orders governing the protection of sensitive and/or |
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| 67 | 67 | | 39private personal information. |
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| 68 | 68 | | 40 (e) The Commissioner of Correction and administrators of state prisons and county |
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| 69 | 69 | | 41correctional facilities shall permit individuals to visit more than one incarcerated person in |
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| 70 | 70 | | 42correctional custody, including in the same facility, unless there is an individual determination |
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| 71 | 71 | | 43that such visitation would pose a threat to security or orderly running of the facility. The |
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| 72 | 72 | | 44incarcerated person and the visitor shall be provided with a written explanation of the basis for |
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| 73 | 73 | | 45any such determination, including the objective reasoning and all evidence that was relied upon |
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| 74 | 74 | | 46for the determination. Any such determination may be challenged by an action under Mass. |
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| 75 | 75 | | 47General Laws chapter 249 section 4. |
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| 76 | 76 | | 48 (f) The Commissioner of Correction and administrators of state prisons and county |
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| 77 | 77 | | 49correctional facilities shall not exclude a visitor from eligibility for any of the following reasons: |
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| 78 | 78 | | 50(1) solely on the basis of their history of criminal conviction, status as formerly incarcerated, or |
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| 79 | 79 | | 51parole or probation status; (2) solely on the basis of their role, past or present, as a volunteer in a |
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| 80 | 80 | | 52state or federal prison, jail or house of correction; or (3) solely because of their participation in |
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| 81 | 81 | | 53community functions, organizations, events, or meetings. |
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| 82 | 82 | | 54 (g) The Commissioner of Correction and administrators of state prisons and county |
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| 83 | 83 | | 55correctional facilities shall not exclude a visitor from eligibility or bar an existing visitor unless |
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| 84 | 84 | | 56there is a reasonable individualized suspicion that their visitation poses a threat to institutional 4 of 9 |
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| 85 | 85 | | 57security. The reasonable individualized suspicion shall be articulated in writing, including |
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| 86 | 86 | | 58objective reasoning and all evidence relied upon, to the excluded or barred person and to the |
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| 87 | 87 | | 59incarcerated person they visited or attempted to visit within 5 days of the determination to |
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| 88 | 88 | | 60exclude or bar them, including an expiration date for the exclusion or barring as soon as is |
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| 89 | 89 | | 61reasonable to address the articulated threat and further providing the excluded or barred person |
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| 90 | 90 | | 62the right to appeal their exclusion or barring as well as to have their exclusion or barring re- |
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| 91 | 91 | | 63evaluated after no more than one month has passed. Any determination to exclude or bar a |
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| 92 | 92 | | 64person from visitation under this section may be challenged in an action under Mass. General |
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| 93 | 93 | | 65Laws chapter 249 section 4. |
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| 94 | 94 | | 66 (h) The Commissioner of Correction and administrators of state prisons and county |
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| 95 | 95 | | 67correctional facilities shall permit all incarcerated people to hold, play with, and instruct their |
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| 96 | 96 | | 68children under the age of 18 and shall provide a designated visiting area for visitors with children |
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| 97 | 97 | | 69under the age of 18 equipped with games and educational activities. Children under the age of 18 |
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| 98 | 98 | | 70shall be permitted to bring homework, subject to search, to visitation periods to work on with |
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| 99 | 99 | | 71their incarcerated loved one. |
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| 100 | 100 | | 72 (i) The Commissioner of Correction and administrators of state prisons and county |
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| 101 | 101 | | 73correctional facilities shall permit incarcerated people and visitors to sit side by side and engage |
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| 102 | 102 | | 74in reasonable physical contact, including but not limited to a handshake, touching/holding hands, |
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| 103 | 103 | | 75hugging, and closed-mouth kissing during the visit. |
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| 104 | 104 | | 76 (j) The Commissioner of Correction and administrators of state prisons and county |
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| 105 | 105 | | 77correctional facilities shall make reasonable accommodations for persons with disabilities for |
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| 106 | 106 | | 78equal access to visitation. Such accommodations shall not require prior approval. 5 of 9 |
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| 107 | 107 | | 79 (k) The Commissioner of Correction and administrators of state prisons and county |
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| 108 | 108 | | 80correctional facilities shall permit contact visitation, and shall permit visitation outdoors |
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| 109 | 109 | | 81wherever such visitation is feasible. |
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| 110 | 110 | | 82 (l) The Commissioner of Correction and administrators of state prisons and county |
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| 111 | 111 | | 83correctional facilities shall not deny visitation as a disciplinary measure for more than 10 |
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| 112 | 112 | | 84calendar days. |
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| 113 | 113 | | 85 (m) The Commissioner of Correction and administrators of state prisons and county |
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| 114 | 114 | | 86correctional facilities shall implement a dress code that is reasonable and respects a visitor's |
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| 115 | 115 | | 87religion, race, class, culture, gender identity, gender expression, or sexual orientation. Clothing, |
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| 116 | 116 | | 88hair styling, and other items related to any religious practices, such as head coverings, wedding |
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| 117 | 117 | | 89bands worn on the right hand, crescent moon jewelry, or double layer clothing for religious |
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| 118 | 118 | | 90purposes, shall be permitted. Children ages 12 and under shall not be required to follow the adult |
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| 119 | 119 | | 91dress code. Visitors shall be permitted to wear coats with hoods in facilities where visitors must |
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| 120 | 120 | | 92walk outside to enter the visitation area during inclement weather. Clothing or accessories that |
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| 121 | 121 | | 93cannot be shown to pose a threat to security or the orderly running of the facility shall be |
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| 122 | 122 | | 94permitted. Subjective visual interpretation of clothing length or tightness is not a permissible |
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| 123 | 123 | | 95basis to exclude or bar a visitor. Cultural or ethnic hairstyles including but not limited to box |
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| 124 | 124 | | 96braids, cornrows, Bantu knots, locs, twists, and other natural and protective hairstyles protected |
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| 125 | 125 | | 97under the Massachusetts “Crown Act”, St. 2022, c.117, shall be permitted. A visitor whose dress |
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| 126 | 126 | | 98was deemed unacceptable shall be permitted to return during a designated visiting period on the |
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| 127 | 127 | | 99same day with alternate clothing. No visitor shall be turned away on the basis of a dress code |
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| 128 | 128 | | 100violation without consulting the superintendent, shift commander, or designee, and if a visitor is |
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| 129 | 129 | | 101turned away for a dress code violation the specific reason must be in writing, photographic 6 of 9 |
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| 130 | 130 | | 102documentation of the violation shall be taken with consent of the visitor, and all records shall be |
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| 131 | 131 | | 103provided to the visitor upon request. |
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| 132 | 132 | | 104 (n) All incarcerated people in the same prison or correctional facility shall have the same |
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| 133 | 133 | | 105access to visitation, whether they are in a general population unit or another designated unit. |
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| 134 | 134 | | 106 (o) The Commissioner of Correction and administrators of state prisons and county |
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| 135 | 135 | | 107correctional facilities shall ensure separate confidential rooms for legal visits in each correctional |
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| 136 | 136 | | 108facility, and confidential rooms for legal visits shall be available to incarcerated people in a |
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| 137 | 137 | | 109general population unit and other designated units. |
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| 138 | 138 | | 110 (p) Should an incarcerated person be transferred to an outside facility or hospital and be |
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| 139 | 139 | | 111in critical condition or in imminent danger of death, the Commissioner of Correction and |
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| 140 | 140 | | 112administrators of state prisons and county correctional facilities shall permit them daily access to |
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| 141 | 141 | | 113visitation during all facility or hospital visiting hours. |
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| 142 | 142 | | 114 (q) Should an incarcerated person experience the death, or imminent danger of death, of |
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| 143 | 143 | | 115an immediate family member, the Commissioner of Correction and administrators of state |
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| 144 | 144 | | 116prisons and county correctional facilities shall provide them at least one confidential four-hour |
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| 145 | 145 | | 117visiting period. Incarcerated people shall be permitted to attend funeral services for immediate |
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| 146 | 146 | | 118family members at least via video call technology. |
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| 147 | 147 | | 119 (r) The Commissioner of Correction and administrators of state prisons and county |
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| 148 | 148 | | 120correctional facilities shall permit incarcerated people and visitors to use the restroom during |
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| 149 | 149 | | 121regular visitation hours without being prohibited from resuming the visit after using the |
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| 150 | 150 | | 122restroom. 7 of 9 |
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| 151 | 151 | | 123 (s) The Commissioner of Correction and administrators of state prisons and county |
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| 152 | 152 | | 124correctional facilities shall not use a drug-detection dog to screen children under the age of 18 |
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| 153 | 153 | | 125when other drug-detection screening options are available at the facility. |
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| 154 | 154 | | 126 (t) The Commissioner of Correction and administrators of state prisons and county |
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| 155 | 155 | | 127correctional facilities shall publicly and clearly post visitation schedules and requirements related |
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| 156 | 156 | | 128to in person visitation and video communication, including holidays and other foreseeable |
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| 157 | 157 | | 129changes, in the visitor lobby of the facility and on a single page of the agency website at least 3 |
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| 158 | 158 | | 130weeks in advance. All posted signs and web pages related to visitation shall be posted in multiple |
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| 159 | 159 | | 131languages. |
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| 160 | 160 | | 132 (u) The Commissioner of Correction and administrators of state prisons and county |
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| 161 | 161 | | 133correctional facilities shall not conduct routine drills or other operations that prohibit or |
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| 162 | 162 | | 134otherwise interfere with or prevent visitation during visitation periods. |
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| 163 | 163 | | 135 (v) All correctional institutions, jails, and houses of correction that require advanced |
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| 164 | 164 | | 136scheduling for in person visits or video communication shall allow visitors to schedule these over |
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| 165 | 165 | | 137the telephone and via a publicly accessible website. |
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| 166 | 166 | | 138 (w) A correctional institution, jail or house of correction may use video or other types of |
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| 167 | 167 | | 139electronic devices for communication with visitors; provided, that such communications shall be |
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| 168 | 168 | | 140in addition to and shall not replace in-person visitation, as prescribed in this section. |
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| 169 | 169 | | 141 Video or other such electronic communication with visitors shall comply with the |
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| 170 | 170 | | 142provisions of Chapter 127 Section 36C. Video and electronic communication with visitors may |
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| 171 | 171 | | 143be less restrictive than in person visitation and shall not be more restrictive than in person |
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| 172 | 172 | | 144visitation. Any visitor that has been pre-approved for in-person visitation or for telephone calls 8 of 9 |
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| 173 | 173 | | 145shall be considered automatically pre-approved for video or electronic communication. In video |
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| 174 | 174 | | 146communication, multiple pre-approved visitors shall be permitted to visit simultaneously, |
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| 175 | 175 | | 147without limitation. Video or electronic communication shall be no less than 60 minutes per video |
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| 176 | 176 | | 148or electronic communication session. Children under the age of 18 shall always be allowed to be |
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| 177 | 177 | | 149on screen with adults during video or other electronic communication, notwithstanding any other |
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| 178 | 178 | | 150rules or procedures to the contrary. The dress code shall not apply to video or electronic |
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| 179 | 179 | | 151communication and all applicable laws regarding public decency shall be followed. Incarcerated |
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| 180 | 180 | | 152people shall not be strip searched prior or subsequently to video or electronic communication |
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| 181 | 181 | | 153with personal or legal visitors. There shall be no cost associated with any video or electronic |
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| 182 | 182 | | 154communication with visitors. Arrangements for alternative means of video or electronic |
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| 183 | 183 | | 155communication shall be made available for visitors who reside in a state or country outside of the |
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| 184 | 184 | | 156service area of any contracted video or electronic communication provider. |
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| 185 | 185 | | 157 (x) Nothing in this section shall prohibit the temporary suspension of visitation privileges |
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| 186 | 186 | | 158for good cause including as a disciplinary measure subsequent to a guilty finding at a |
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| 187 | 187 | | 159disciplinary hearing or during a bona fide emergency. |
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| 188 | 188 | | 160 (y) Every corrections officer, staff person, administrator and employee of a correctional |
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| 189 | 189 | | 161institution, jail or house of correction shall be required to attend a bi-annual training session and |
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| 190 | 190 | | 162receive educational information on: (1) the importance of ongoing visitation to individuals who |
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| 191 | 191 | | 163are incarcerated as related to reducing recidivism, reducing violence, and increasing successful |
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| 192 | 192 | | 164re-entry; (2) the importance of civility and respectful conduct toward family members and other |
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| 193 | 193 | | 165members of the public who visit individuals who are incarcerated so as to encourage visitation |
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| 194 | 194 | | 166on a regular basis while maintaining security; and (3) awareness and sensitivity to racial, |
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| 195 | 195 | | 167cultural, gender, gender identity, gender expression, sexual orientation, disability, language, and 9 of 9 |
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| 196 | 196 | | 168religious needs and differences. Training session materials and educational information shall be |
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| 197 | 197 | | 169developed in consultation with representatives of the Massachusetts Bar Association, the |
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| 198 | 198 | | 170Women’s Bar Association, Prisoners’ Legal Services, formerly incarcerated persons, |
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| 199 | 199 | | 171community-based organizations, and community-based re-entry programs, and prior to |
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| 200 | 200 | | 172implementation shall be submitted to the Joint Committee on the Judiciary and the Joint |
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| 201 | 201 | | 173Committee on Public Safety and Homeland Security. |
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| 202 | 202 | | 174 (z) Any corrections officer, staff person, administrator, or employee of a correctional |
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| 203 | 203 | | 175institution, jail, or house of correction who refuses training under subsection (y) or who is |
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| 204 | 204 | | 176otherwise found in violation of any provision of G.L. c. 127 s. 36C shall not be regularly |
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| 205 | 205 | | 177scheduled to oversee or to work in visiting areas or visitor processing and shall not be scheduled |
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| 206 | 206 | | 178if a correctional officer in compliance with this section is available to oversee or to work in |
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| 207 | 207 | | 179visiting areas or visitor processing. |
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