Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2608 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. 2465 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2608
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Brandy Fluker-Reid
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 human rights and improved outcomes for incarcerated people.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Brandy Fluker-Reid12th Suffolk1/16/2025Natalie M. Higgins4th Worcester2/6/2025Lindsay N. Sabadosa1st Hampshire2/6/2025Erika Uyterhoeven27th Middlesex2/6/2025Danillo A. Sena37th Middlesex2/6/2025Samantha Montaño15th Suffolk2/6/2025Christine P. Barber34th Middlesex2/6/2025Carmine Lawrence Gentile13th Middlesex2/19/2025Russell E. Holmes6th Suffolk3/11/2025 1 of 6
16	16	HOUSE DOCKET, NO. 2465 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2608
18	18	By Representative Fluker-Reid of Boston, a petition (accompanied by bill, House, No. 2608) of
19	19	Brandy Fluker-Reid and others for legislation to maximize out-of-cell time and opportunities for
20	20	incarcerated people to attend education, training, employment, and other programs. Public
21	21	Safety and Homeland Security.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 2325 OF 2023-2024.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act relative to human rights and improved outcomes for incarcerated people.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Chapter 127, as appearing in the 2022 Official Edition, is hereby amended
33	33	2by inserting the following new section immediately after section 48B:-
34	34	3 Section 48C:
35	35	4 (a) Definitions. For purposes of this section, the following definitions apply:
36	36	5 “Cell” means any room, area, or space that is not a shared space conducive to
37	37	6meaningful, regular, and congregate social interaction among many people in a group setting,
38	38	7where an individual is held for any purpose. 2 of 6
39	39	8 “Congregate” means a group of at least five incarcerated people together in a space
40	40	9without barriers between them.
41	41	10 “Out of cell” means a space outside of, and in an area away from, a cell, in a group
42	42	11setting with other incarcerated people all in the same shared space without physical barriers,
43	43	12conducive to meaningful and regular social interaction and activity.
44	44	13 (b) The commissioner and administrators of state prisons and county facilities shall, by
45	45	14the effective date of this legislation, promulgate regulations to maximize out of cell time and
46	46	15opportunities for participation of incarcerated people in education, training, employment, and all
47	47	16other programming including programming related to rehabilitation, health care, and substance
48	48	17use. At a minimum, the commissioner and administrators of state prisons and county facilities
49	49	18shall ensure that:
50	50	19 (1) All incarcerated people shall have the opportunity to access at least six hours of out of
51	51	20cell congregate programming at least five days per week. For incarcerated people who are
52	52	21eligible to earn good conduct deductions, at least three of the six hours offered shall be eligible
53	53	22for good conduct deductions under Mass. Gen. Laws chapter 127 section 129D. Programming
54	54	23may be peer led, staff led, or volunteer led. Programming in addition to that which is required by
55	55	24this section shall be maximized and may include individual tablet-based programming as well as
56	56	25other individual and out of cell congregate programming.
57	57	26 (2) All incarcerated people shall have the opportunity to access vocational and
58	58	27educational training and work opportunities, including in the community. Community
59	59	28partnerships for educational and vocational training shall be maximized, and educational and
60	60	29vocational training shall be updated in accordance with evolving community needs to increase 3 of 6
61	61	30the potential for successful re-entry. Opportunities for educational and vocational certifications
62	62	31shall be maximized.
63	63	32 (3) Every incarcerated person’s personal programming plan shall be informed by initial
64	64	33assessment and collaborative input from the incarcerated person, administrators, correctional
65	65	34programming staff, re-entry staff, and mental health staff. If an incarcerated person is parole
66	66	35eligible, administrators of state prisons and county facilities shall send their personal
67	67	36programming plan to the parole board for review and recommendations within ninety days and
68	68	37shall adjust the programming plan to maximize chances of successful parole.
69	69	38 (4) All incarcerated people who are eligible to earn good conduct deductions shall have
70	70	39the opportunity to earn the maximum allowable good conduct deductions pursuant to Mass. Gen.
71	71	40Laws chapter 127 section 129D every month through a combination of in-person and virtual
72	72	41education, vocational, and rehabilitative programming and work.
73	73	42 (5) All incarcerated people shall have the opportunity to create organizations and affinity
74	74	43groups for peer support, peer-led programming, and self-improvement.
75	75	44 (6) Except for during a declared major disorder, all incarcerated people shall be offered at
76	76	45least eight hours out of cell per day. Out of cell time shall not be reduced because of short
77	77	46staffing or due to modified operations. Incarcerated people shall not be handcuffed, shackled,
78	78	47restrained to a chair or table, or otherwise restrained during out of cell time. The commissioner
79	79	48and administrators of state prisons and county facilities shall not reduce out of cell time as it was
80	80	49offered as of the date of the passage of this law.
81	81	50 (7) All incarcerated people shall have access to at least one hour per day of congregate
82	82	51recreation outdoors in an open yard, where they can all reasonably move around, exercise and 4 of 6
83	83	52have social interaction without physical barriers or mechanical restraints. Weather permitting,
84	84	53this recreation shall be offered in an uncovered location. Weather appropriate clothing shall be
85	85	54provided. The commissioner and administrators of state prisons and county facilities shall not
86	86	55reduce outdoor recreation time as it was offered as of the date of the passage of this law.
87	87	56 (8) All incarcerated people shall be treated with dignity and cultural sensitivity and shall
88	88	57not be discriminated against on the basis of age, race, ethnicity, nationality, language, sexuality,
89	89	58gender identity, citizenship status, disability, alleged or charged crime.
90	90	59 (9) All incarcerated people shall receive access to in-person visitation at least in
91	91	60accordance with Mass. Gen. Laws chapter 127 section 36C.
92	92	61 (10) All incarcerated people shall receive medical care, substance use disorder treatment,
93	93	62and mental health care in line with the community standard of care, state regulations, and agency
94	94	63contracts.
95	95	64 (11) All incarcerated people shall have access to water quality that meets the
96	96	65Massachusetts Department of Environmental Protection's most recent standards and guidelines
97	97	66for contaminants in Massachusetts drinking water, daily showers, and flushable toilets.
98	98	67 (12) All incarcerated people shall have access to a library where they can access legal and
99	99	68other reading materials at least three times weekly. Tablets shall be utilized wherever feasible to
100	100	69provide access to law library and other educational materials in addition to regular law library
101	101	70access. 5 of 6
102	102	71 (13) All correctional facilities must maintain temperatures in every habitable area of at
103	103	72least 68°F, between 7:00 A.M. and 11:00 P.M, and at least 64°F, between 11:01 P.M. and 6:59
104	104	73A.M. The temperature should at no time exceed 78°F.
105	105	74 (c) The Commissioner shall collect data from the counties and publish a snapshot report
106	106	75on January first of each year with, for each state prison, county jail and house of correction, (1)
107	107	76how many people are in custody; (2) how many people are enrolled in an educational program,
108	108	77and how many of those are earning good conduct deductions; (3) how many people are enrolled
109	109	78in a rehabilitative program, and how many of those are earning good conduct deductions; (4)
110	110	79how many people are enrolled in vocational training, and how many of those are earning good
111	111	80conduct deductions; (5) how many people are working in a community based job, community
112	112	81based vocational program, or community based educational program; and (6) how many people
113	113	82have at least eight hours out of cell daily as defined by this section. This data shall also be
114	114	83collected and reported by race, gender, sexual orientation, and gender identity.
115	115	84 SECTION 2. Section 48 of Chapter 127, as appearing in the 2022 Official Edition, is
116	116	85hereby amended by striking the second paragraph and inserting in place thereof the following:-
117	117	86The commissioner shall ensure that each facility provide educational programs that earn high
118	118	87school credit toward graduation, vocational classes, and high school equivalency classes and
119	119	88certificate programming to all persons who are committed to the custody of the department or to
120	120	89a county correctional facility who have not obtained a high school degree or equivalency. For
121	121	90people who do not speak English as their first language, English as a Second Language classes
122	122	91shall be offered. These educational programs shall be sufficiently staffed at all state prisons,
123	123	92county jails, and houses of correction to ensure access without waiting lists. These educational
124	124	93programs shall be provided regardless of classification or disciplinary status. The commissioner 6 of 6
125	125	94shall ensure that each facility provides community college or four-year college programming for
126	126	95all students who have already received a high school diploma or equivalency and who express
127	127	96interest in higher education. In addition to each such facility providing at least one general high
128	128	97school equivalency (GED) class, each facility shall also include specialized, age-appropriate
129	129	98educational classes for emerging adults, including all individuals ages 18 thru 25, for both
130	130	99individuals who have and have not obtained a high school degree or equivalency, including but
131	131	100not limited to: (1) classes that earn credit toward high school graduation; (2) special education
132	132	101classes and supports in line with the educational goals identified in students’ individualized
133	133	102educational programs; (3) high school equivalency classes and testing opportunities; (4)
134	134	103vocational education classes; (5) college and workforce readiness classes; and (6) credit-bearing
135	135	104community college and college classes. All emerging adults shall have the opportunity to access
136	136	105at least 4 hours of educational programming daily at least five days a week.
137	137	106 SECTION 3. This legislation shall come into effect 120 days after passage.