Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2609 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2846 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2609
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 successful transition and re-entry to tomorrow for incarcerated persons.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Brandy Fluker-Reid12th Suffolk1/16/2025Russell E. Holmes6th Suffolk3/11/2025 1 of 5
16	16	HOUSE DOCKET, NO. 2846 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2609
18	18	By Representative Fluker-Reid of Boston, a petition (accompanied by bill, House, No. 2609) of
19	19	Brandy Fluker-Reid and Russell E. Holmes relative to successful transitions and re-entries for
20	20	incarcerated persons. Public Safety and Homeland Security.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 2326 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act relative to successful transition and re-entry to tomorrow for incarcerated persons.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 Chapter 127 of the General Laws, as appearing in the 2022 Official Edition, is hereby
32	32	2amended by inserting the end thereof the following new section:-
33	33	3 Section 172
34	34	4 (a) As used in this section the following words shall have the following meanings:
35	35	5 “Correctional facility”, any building, enclosure, space or structure used for the custody,
36	36	6control and rehabilitation of incarcerated persons and of such other persons as may be placed in
37	37	7custody therein in accordance with law. 2 of 5
38	38	8 “Family member”, a spouse, child, step child, adopted child, sibling, step sibling, adopted
39	39	9sibling, parent, step parent, adopted parent, foster parent, grandparent, grandchild, aunt, uncle,
40	40	10niece, nephew, or cousin.
41	41	11 “Incarcerated person”, a person convicted of a crime and committed under sentence to a
42	42	12correctional facility.
43	43	13 (b) The commissioner shall ensure that, not later than 120 days prior to the expected
44	44	14discharge date of an incarcerated person, or upon learning of an anticipated departure from
45	45	15incarceration within the next 120 days, the chief administrative officer of the correctional facility
46	46	16supervising such incarcerated person shall begin the process for securing from the Registry of
47	47	17Motor Vehicles, on behalf of the incarcerated person, an identification card by: (i) requesting the
48	48	18necessary documents from personal sources, organizations, or government agencies that may
49	49	19hold such documents and (ii) filing waivers of indigency if the standards are met under section
50	50	2029 of chapter 261 to waive document fees. If the chief administrative officer can secure the
51	51	21requisite documentation for a REAL-ID compliant identification card or license through the
52	52	22standard process to request necessary documents as determined by the regulations promulgated
53	53	23under this section, then the chief administrative officer shall make reasonable efforts to secure
54	54	24the requisite documentation and file an application to provide the incarcerated person with a
55	55	25REAL ID-compliant identification card or license. If the chief administrative officer has made
56	56	26reasonable efforts and exhausted all requests for necessary documents for a REAL-ID compliant
57	57	27identification card or license, but has been unable to secure sufficient documentation, then the
58	58	28chief administrative officer shall secure the requisite documentation necessary and file an
59	59	29application to provide an incarcerated person with a Massachusetts identification card or license. 3 of 5
60	60	30 (c) Notwithstanding sections 8 and 8E of chapter 90 or regulations promulgated by the
61	61	31Registry of Motor Vehicles, if an incarcerated person attests that they do not have a permanent
62	62	32address that would fulfill residence requirements indicated by the Registry of Motor Vehicles,
63	63	33the following addresses shall be accepted for the sole purpose of issuing a REAL-ID compliant
64	64	34or Massachusetts identification card or license: (i) the residence of an adult family member; (ii) a
65	65	35temporary group residence where the incarcerated person intends to reside, such as a homeless
66	66	36shelter, a halfway house, or a similar residence; (iii) a place of worship, community center, non-
67	67	37profit organization, or a similar institution that provides the incarcerated person services; or (iv)
68	68	38the address of the city or town hall in the municipality in which the incarcerated person intends
69	69	39to reside upon discharge. If an incarcerated person chooses to provide an address from clauses
70	70	40(i), (ii) or (iii), notice shall be sent to the owner and tenant of such residence or property within 7
71	71	41days, including an option to object to the listing of the address on the incarcerated person’s
72	72	42proposed identification card or license. If the owner or tenant of such residence objects within 14
73	73	43days or prior to the filing of an incarcerated person’s application for an identification card or
74	74	44license, then the incarcerated person shall be provided with the option to select or provide an
75	75	45alternative address in accordance with clause (iv). If an alternative address other than an
76	76	46individual’s address of principal residence is provided in accordance with this paragraph but not
77	77	47in full compliance with federal REAL-ID regulations, then such individual shall be issued a
78	78	48Massachusetts identification card or license. Upon securing permanent residence, an incarcerated
79	79	49person who received an identification card or license under this section shall provide the Registry
80	80	50of Motor Vehicles with an updated address, and act in accordance with all other applicable laws
81	81	51and regulations for a resident of the commonwealth reporting a change of address. A 4 of 5
82	82	52municipality with a city or town hall that is listed as an address under clause (iv) shall not be
83	83	53liable or responsible for routing an individual’s correspondence or possessions.
84	84	54 (d) The Registry of Motor Vehicles shall accept a valid inmate identification card issued
85	85	55by a Massachusetts correctional facility in accordance with chapter 127 section 23 as an
86	86	56acceptable identification document for purposes of proof of Massachusetts residency when
87	87	57issuing a Massachusetts identification card or license under sections 8 and 8E of chapter 90.
88	88	58 (e) An incarcerated person may affirmatively choose not to receive an identification card
89	89	59or license. Such a decision must be noted in a written and signed form, including the reason for
90	90	60the incarcerated person’s choice. Annually, on the first of January, the commissioner shall report
91	91	61to the legislature the following: (1) the number of incarcerated persons who chose not to receive
92	92	62an identification card or license and their stated reasons; and (2) the number of incarcerated
93	93	63persons who did not receive an identification card, along with any documented barriers to
94	94	64obtaining one.
95	95	65 (f) The administrative officer shall aid the incarcerated person in submitting an affidavit
96	96	66of indigency to the Registry of Motor Vehicles in accordance with section 29 of chapter 261, and
97	97	67the Registry of Motor Vehicles shall provide the chosen identification card or license at no cost
98	98	68to the incarcerated person. The administrative officer shall not delay further efforts to secure an
99	99	69identification card or license while waiting for the Registry of Motor Vehicles to approve the
100	100	70affidavit of indigency. If an incarcerated person does not qualify for indigency under section 29
101	101	71of chapter 261, then the administrative officer shall provide the incarcerated person with the
102	102	72option to pay the fees to secure the identification card or license through funds that the
103	103	73incarcerated person may have in their personal canteen account. A correctional facility may 5 of 5
104	104	74devote funds from its budget to subsidize or fully cover the fees to provide incarcerated persons
105	105	75in their custody with an identification card or license. Neither the Registry of Motor Vehicles,
106	106	76nor a correctional facility, or its affiliates, shall charge fees to incarcerated persons in excess of
107	107	77the fees charged to the general public to receive a comparable identification card or license.
108	108	78 (g) Upon discharge from a state or county correctional facility, an incarcerated person
109	109	79who did not affirmatively choose to refuse an identification card or license shall be provided
110	110	80with their identification card or license.
111	111	81 (h) Nothing in this section shall be construed to extend the sentence of an incarcerated
112	112	82person, nor shall an incarcerated person be held solely for the purpose of fulfilling the
113	113	83requirements of this section.
114	114	84 (i) The Department of Corrections in consultation with the Registry of Motor Vehicles
115	115	85shall promulgate regulations for the implementation of this section within 90 days of enactment.