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HOUSE DOCKET, NO. 1680 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 2635
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Russell E. Holmes and Erika Uyterhoeven
_________________
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 creating an independent correctional oversight office to facilitate the recommendations of
the Special Legislative Commission on Structural Racism in Correctional Facilities of the
Commonwealth.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Russell E. Holmes6th Suffolk1/15/2025Erika Uyterhoeven27th Middlesex1/17/2025 1 of 17
HOUSE DOCKET, NO. 1680 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 2635
By Representatives Holmes of Boston and Uyterhoeven of Somerville, a petition (accompanied
by bill, House, No. 2635) of Russell E. Holmes and Erika Uyterhoeven for legislation to
authorize an independent correctional oversight office to facilitate the recommendations of the
Special Legislative Commission on Structural Racism in Correctional Facilities of the
Commonwealth. Public Safety and Homeland Security.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3956 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act creating an independent correctional oversight office to facilitate the recommendations of
the Special Legislative Commission on Structural Racism in Correctional Facilities of the
Commonwealth.
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. The General Court hereby adopts the following findings of the Special
2Legislative Commission on Structural Racism in Correctional Facilities of the Commonwealth
3Final Report:
4 (i) Structural racism exists within commonwealth’s correctional system resulting in the
5disparate treatment and impact of Black, Indigenous, and People of Color (BIPOC) including
6incarcerated individuals, correctional staff and other intersecting identities including LGBTQ+,
7immigrant status and language; and 2 of 17
8 (ii) Structural racism within correctional facilities manifests in 4 forms:
9 (1) Institutional Racism. This form of racism includes policies, procedures and cultural
10practices of commonwealth’s correctional system that perpetuate racial inequality. Such
11inequalities are most prominently in healthcare education, access, diagnosis, and treatment;
12services to BIPOC immigrants and English Language Learners; cultural and ethnic affinity group
13programming and services; job and workforce development opportunities; data systems tracking
14staff and incarcerated individual experiences; and the lack of transparency in budgeting and
15decision-making;
16 (2) Systemic Racism. The joint operation of institutions operating within and in
17conjunction with the commonwealth’s correctional system that produce racialized outcomes,
18even in the absence of racist intent;
19 (3) Interpersonal Racism. The individual interactions of correctional community
20members, including incarcerated persons and correctional staff, within commonwealth’s
21correctional system that result in the disparate treatment of BIPOC correctional community
22members, including incarcerated persons and staff; and
23 (4) Internalized Racism. This includes individual and community attitudes, beliefs and
24prejudices about race held by commonwealth’s correctional system community members that
25result in disparate treatment and impact of BIPOC correctional community members, including
26incarcerated persons and correctional staff.
27 SECTION 2. Chapter 12A of the General Laws is hereby amended by adding the
28following section:- 3 of 17
29 Section 16. (a) As used in this section the following terms shall, unless the context clearly
30requires otherwise, have the following meanings:
31 “Administrator”, a person charged with administration of a program, an office or a
32division of the department or administration of a private agency.
33 “BIPOC”, Black, Indigenous and People of Color.
34 “Correctional community members”, incarcerated persons and correctional staff who
35identify as BIPOC.
36 “Correctional facility”, any building, enclosure, space, structure, or vehicle used for the
37custody, control and rehabilitation of committed offenders or of such other persons as may be
38placed in custody therein in accordance with law regardless of whether the facility is owned,
39operated, or controlled by a county sheriff or by the department of correction; provided however,
40this shall not include the facilities operated by the department of youth services.
41 “Department”, department of correction, house of corrections and county jails.
42 “Private agency”, an entity that contracts with the department or contracts to provide
43services to another entity that contracts with the department.
44 “Record”, any recording in written, audio, electronic transmission, or computer storage
45form, including but not limited to a draft, memorandum, note, report, computer printout, notation
46or message, and includes but is not limited to medical records, mental health records, case files,
47clinical records, financial records and administrative records. 4 of 17
48 (b) There is hereby established within the office an anti-racism division. The division
49shall be called the Inclusion, Diversity, Anti-Racism, and Equity Unit, hereinafter referred to as
50IDAREU.
51 (c)(1) There shall be in the office an anti-racism corrections inspector general, who shall
52be the administrative head of division and who shall be appointed by the attorney general, the
53state auditor and the chair of the black and latino caucus and confirmed by a majority vote of the
54community council for a term of 5 years. The person so appointed shall be selected without
55regard to political affiliation and solely on the basis of integrity, expertise in the area of structural
56racism including at least 5 years experience designing and implementing anti-racist strategies,
57tools and materials and demonstrate ability in statistics, law, management, public administration,
58investigation, criminal justice administration or other closely related fields.
59 (2) In case of a vacancy in the position of anti-racism corrections inspector general, their
60successor shall be appointed in the same manner for the unexpired term. No person shall be
61appointed for more than 2 five-year terms.
62 (3) Appointing authorities shall make due efforts to assure that BIPOC community
63members have notice when the position is vacant.
64 (4) No former or current employee of the department of correction or county correctional
65facility shall be appointed to the position within 10 years after such former or current period of
66service with the department or county.
67 (5) The anti-racism inspector general may be removed from office, for cause, by a
68majority vote of the attorney general, the chair of the black and latino caucus and a majority vote
69of members of the community advisory board. Such a cause may include substantial neglect of 5 of 17
70duty, gross misconduct or conviction of a crime. The reasons for removal of the anti-racism
71corrections inspector general shall be stated in writing and shall include the basis for such
72removal. Such writing shall be sent to the clerk of the senate, the clerk of the house of
73representatives and to the governor at the time of the removal and shall be deemed to be a public
74document.
75 (d)(1) There shall be an anti-racism corrections inspector general community council
76which shall consist of 10 members including the attorney general or a designee, the state auditor
77or a designee, a designee of Prisoners’ Legal Services of Massachusetts, 2 members appointed by
78the speaker of the house of representatives none of whom may be members of the General Court,
792 members appointed by the president of the senate none of whom may be members of the
80General Court, and 3 members appointed by the black and latino caucus none of whom may be
81members of the General Court.
82 (2) At least 1 member of the council shall be an immediate family member of an
83incarcerated person serving in a department correctional facility at the time of their appointment;
84at least one additional member shall be an immediate family member of an incarcerated person
85who served in a county correctional facility within the last 5 years at the time of their
86appointment; at least 1 additional member shall be a formerly incarcerated person who served in
87a department correctional facility within the last 5 years at the time of their appointment; at least
881 additional member shall be a formerly incarcerated person who served in a county correctional
89facility within the last 5 years at the time of their appointment. At least 5 council members shall
90be directly impacted by structural racism. 6 of 17
91 (3) Appointing authorities shall make due effort to assure BIPOC populations have notice
92when advisory board positions are vacant.
93 (4) The appointed members shall serve for a term of 5 years and shall be compensated for
94work performed for the anti-racism corrections inspector general council at such rate as the
95secretary of administration shall determine and shall be reimbursed for expenses necessarily
96incurred in the performance of their duties. The anti-racism corrections inspector general shall
97meet with the council at least quarterly and may consult or request the assistance of members of
98the anti-racism community council with respect to the duties and responsibilities of the office.
99 (e)(1) The anti-racism corrections inspector general may, subject to appropriation,
100appoint and may remove such employees, as they deems necessary to perform the duties of their
101office.
102 (2) With the exception of the attorney general, and the state auditor, no member of the
103anti-racism corrections inspector general council or officer or employee of IDAREU shall hold,
104or be a candidate for, any elective public office while an officer or employee, or for 3 years
105thereafter, nor shall he hold office in any political party or political committee, or participate in
106any political campaign of any candidate for public office while an officer or employee.
107 (3) The anti-racism inspector general, with the advice and consent of the inspector
108general and the anti-racism corrections community council may apply for and receive federal
109funds in order to fulfill the duties and responsibilities of the office.
110 (f) IDAREU shall act to dismantle structural racism and ensure the equitable treatment of
111all prisoners and correctional staff in the day-to-day operations of commonwealth’s correctional 7 of 17
112system by assuring accountability, transparency and compliance with anti-racism standards as
113established by the office.
114 (g)(1) The anti-racist corrections inspector general may investigate, inspect, examine,
115review, or otherwise assess any aspect of corrections facilities or systems as it relates to the day-
116to-day operations or conditions including, but not limited to:
117 (i) canteen, inmate benefit funds and disbursements
118 (ii) searches including cell searches, pat searches, strip or bodily searches;
119 (iii) classification;
120 (iv) covid-19;
121 (v) educational, vocational and other programming;
122 (vi) institutional employment and re-instatement of employments upon discipline;
123 (vii) gang designation;
124 (viii) staff recruitment, training, supervision, and discipline;
125 (ix) food services;
126 (x) inmate funds;
127 (xi) mail distribution and dissemination;
128 (xii) incarcerated person deaths, injuries, or harassment;
129 (xiii) housing; 8 of 17
130 (xiv) incidents of assault, battery, or sexual misconduct;
131 (xv) medical or mental health care, including care provided to incarcerated persons by
132third parties;
133 (xvi) violence among incarcerated persons;
134 (xvii) conditions of confinement;
135 (xviii) incarcerated person disciplinary processes;
136 (xix) incarcerated person grievance processes;
137 (xx) substance use disorder treatment;
138 (xxi) family visitation and communication practices;
139 (xxii) rehabilitation, reentry, and integration practices;
140 (xxiii) misidentification;
141 (xxiv) personal property;
142 (xxv) re-entry services; and
143 (xxvi) use of force
144 (2) The anti-racism corrections inspector general shall review legislation and regulations
145relating to programs and operations of corrections and shall make recommendations concerning
146the effect of such legislation or regulation in an effort to dismantle structural racism. 9 of 17
147 (3) The anti-racism corrections inspector general may utilize resources necessary to
148effectively perform its duties, including but not limited to, conducting interviews with
149incarcerated community members without molestation from the department or county, and
150utilizing such tools as surveys, documents, records, reports, statistics and studies to develop and
151implement minimum anti-racism standards and policies in corrections.
152 (4) The anti-racism corrections inspector general shall conduct a comprehensive review
153of all correction records and data collection processes for the purpose of establishing and
154implementing a statewide uniform racial data collection system. The data collected shall be
155disaggregated by age, race, ethnicity, language, sex, gender identity and sexual orientation. Such
156data shall be used to track and monitor the day-to-day operations of the department and county
157and to alleviate the adverse impact of structural racism and ensure correctional compliance with
158applicable laws, regulations and policies as related to the health, safety, welfare and
159rehabilitation of incarcerated persons.
160 (5) The anti-racism corrections inspector general shall investigate thoroughly and
161completely, all grievances and complaints alleging disparate treatment or impact of BIPOC
162correctional community members. Such investigations shall be performed independently without
163regard for department and county processes or findings.
164 (6) The anti-racism corrections inspector general shall regularly confer with the anti-
165racism corrections inspector general co mmunity council and its designees for input into the
166office’s activities and priorities. Additional input shall be sought from impacted community
167members at large which shall include a minimum quarterly public meeting. 10 of 17
168 (7) The anti-racism inspector general shall work to identify other state agencies
169responsible for investigating, auditing, reviewing, or evaluating the management and operation
170of state agencies, and coordinate with these agencies to share information in the furtherance of
171this office’s duties.
172 (8) The anti-racism corrections inspector general shall maintain, monitor, and provide a
173system of response for a statewide toll-free telephone number, a collect telephone number, a
174website, and a mailing address for the receipt of grievances, complaints and inquiries relating to
175structural racism in corrections.
176 (9) The anti-racism corrections inspector general shall provide, information to
177incarcerated persons, representatives of incarcerated persons, agencies working with incarcerated
178persons, impacted family members, and department and county staff, as it relates to the duties
179and functions of the offices.
180 (10) The anti-racism corrections inspector general may identify and implement ways in
181which management functions can better assist in the performance of the duties and functions of
182the office.
183 (h) The office shall be independent of any supervision or control by any executive
184agency.
185 (i) The office shall have all powers necessary or convenient to carry out and effectuate its
186purposes, including, but not limited to, the power to: 11 of 17
187 (i) surveying all prisoners housed in the department and county to establish baseline
188racial data, including surveying incarcerated persons to allow for an independent assessment of
189the racial make-up and other identities of incarcerated persons;
190 (ii) Initiate and conduct investigations to carry out and effectuate its purpose;
191 (iii) Identify systemic issues and responses relating to dismantling structural racism in
192corrections upon which the department and county shall implement
193 (iv) Identify systemic issues and responses relating to dismantling structural racism in
194corrections upon which the Governor, Legislature, Attorney General or other authorities as
195identified by the office shall act;
196 (v) recommend and facilitate the implementation of minimum statewide anti-racism
197standards for correctional operations;
198 (vi) hire and employ staff to perform duties and exercise the same powers as the anti-
199racism corrections inspector general;
200 (vii) ensure compliance with relevant statutes, rules, regulations, and policies concerning
201corrections facilities, services, and treatment of incarcerated persons under the jurisdiction of the
202department and within each county;
203 (viii) hire and employ staff or otherwise appoint designees to perform duties and exercise
204the same powers as the anti-racism corrections inspector general;
205 (ix) enter into agreements or other transactions with a person, including, but not limited
206to, a public entity or other governmental instrumentality or authority in connection with its
207powers and duties of this office; 12 of 17
208 (x) execute all instruments necessary or convenient for accomplishing the intended
209purpose of this office;
210 (xi) enter into agreements or other transactions with a person, including, but not limited
211to, a public entity or other governmental instrumentality or authority in connection with the
212powers and duties of this office;
213 (xii) appear on its own behalf before boards, commissions, departments or other agencies
214of municipal, state or federal government;
215 (xiii) apply for and accept subventions, grants, loans, advances and contributions of
216money, property, labor or other things of value from any source, to be held, used and applied for
217its purposes; and
218 (xiv) provide and pay for advisory services and technical assistance as may be necessary
219in its judgment to carry out this chapter and fix the compensation of persons providing such
220services or assistance.
221 (j) The anti-racism corrections inspector general, its employees, designee or
222organizational members of the community council working in furtherance of the office’s
223intended purposes may enter any part or all of any place where prisoners in this state are kept and
224shall be immediately admitted to such place as they desire.
225 (k) The anti-racism corrections inspector general, its employees, designee or
226organizational members of the community council working in furtherance of the office’s
227intended purposes may consult and confer with any prisoner, department and county employees, 13 of 17
228privately and confidentially without molestation. Such communications may be both formally
229and informally, in person, by video conference, by phone, and by mail.
230 (l) The anti-racism corrections inspector general may hold public hearings, subpoena
231witnesses and documents and to require that witnesses testify under oath.
232 (m) The anti-racism corrections inspector general may make referrals to any other civil or
233criminal enforcement authority as it may see fit.
234 (n) Failure of the department or county to cooperate or otherwise interfere with the
235performance of the duties of this office shall result in sanctions, fines or demotion. The office,
236for just cause, may impose fines, demote correctional administrators and staff, or otherwise limit
237correctional staff interactions with incarcerated persons and their property until such time
238deemed necessary by the office. All determinations shall be made in writing and subject to
239appeal and corrective action by the department or county within 90 days. The department or
240county shall respond in writing to the determination to impose fines, sanctions or demotion of
241staff within 30 days of the decision. Failure to respond shall make null and void the opportunity
242for appeal by the department or county.
243 (o)(1) The anti-racism corrections inspector general has the right to access, inspect, and
244copy any information, records, documents, or video or audio recordings in the possession or
245control of the department or county that the anti-racism corrections inspector general considers
246necessary. No claim of restriction or privilege under state law shall limit the anti-racism
247corrections inspector general’s rights under this paragraph. The department or county shall assist
248the corrections inspector general in obtaining any necessary releases for those documents which
249are restricted or privileged under federal law. 14 of 17
250 (2) Following a written demand from the anti-racism corrections inspector general, the
251department or county shall provide the requested material within 20 days unless the anti-racism
252corrections inspector general consents to an extension of that time frame. Any failure to obey the
253request may be punished by imposition of fines or sanctions. Where the material requested by the
254anti-racism corrections inspector general pertain to an incarcerated person’s death, threats of
255bodily harm including, but not limited to, sexual or physical assaults, or the denial of necessary
256medical treatment, the material shall be provided within 5 days unless the anti-racism corrections
257inspector general consents to an extension of that time frame.
258 (3) Upon notice and request by the anti-racism corrections inspector general, a state,
259county, or municipal government agency, other than the department or a county sheriff, that has
260information, records, documents, or video or audio recordings relevant to a complaint or an
261investigation conducted by the anti-racism corrections inspector general shall provide the anti-
262racism corrections inspector general with access to the material not later than 20 days unless the
263anti-racism corrections inspector general consents to an extension of that time frame.
264 (4) Disclosure of any information, records, documents, or video or audio recordings in
265the possession or control of the department or county as requested by the anti-racism corrections
266inspector general shall not be released to the public. The office may release information from the
267department or county in the form of reports and other informational tools developed by the office
268in performance of his duties and responsibilities.
269 (5) The anti-racism corrections inspector general shall work with the department or
270county to minimize disruption to the departments or county’s operations due to the anti-racism
271corrections inspector general activities and shall comply with the department’s or county's 15 of 17
272security clearance processes, provided those processes do not, in the sole judgment of the anti-
273racism corrections inspector general, impede the anti-racism corrections inspector general from
274carrying out the duties and intended purpose of this office.
275 (6) The anti-racism corrections inspector general shall conduct investigations, audits and
276reports relating to the administration of the programs and operations of the department and
277county, and may make recommendations to address any identified issues as it relates to
278dismantling structural racism. At the conclusion of such investigation, the anti-racism corrections
279inspector general shall produce a public report on the outcome of the investigation, which may
280include any recommendations to the department or county.
281 (7) Upon request by the anti-racism corrections inspector general, the department or
282county shall, within the time specified, inform the anti-racism corrections inspector general about
283any action taken on the recommendations or the reasons for not complying with the
284recommendations and an anticipated timeline for completion. The department and county shall
285be provided with a specified time when sanctions or fines may be imposed for any failure to
286comply with the recommendations of the office.
287 (8) The anti-racism inspector general shall make public the results of its findings after
288reasonable notice to the department and county. Correctional administrators may be provided an
289opportunity to review reports and provide feedback about them to the anti-racism corrections
290inspector general before their dissemination to the public; provided, however that the release of
291the reports is not subject to approval from any entity or person outside the office nor it is
292contingent of the review of the report by the facility. Reports shall apply legal requirements, best
293correctional practices, and other criteria to objectively and accurately review and assess a 16 of 17
294facility's policies, procedures, programs, and practices; identify systemic problems and the
295reasons for them; and recommend possible solutions to those problems as it pertains to
296dismantling structural racism.
297 (p)(1) Annually, on or before September 15, the anti-racism inspector general shall
298provide to the legislature, the governor, the attorney general, and community council a summary
299of reports and investigations made under the IDAREU for the preceding year. The summary
300provided shall be provided electronically. The summaries shall include recommendations and an
301update on the status of recommendations made in prior summaries, if any. The recommendations
302may address issues discovered through investigations, evaluations, surveys, inspections, reviews
303and other related means of performing the duties of this office that will: (i) increase
304accountability and legislative oversight of Commonwealth’s correctional system; (ii) improve
305operations of the department and county; (iii) deter and identify structural racism in correction
306polices, practices, and regulations; and (iv) identify inconsistencies between statutory
307requirements and requirements as established by this office in an effort to dismantle structural
308racism. The summaries shall not contain any confidential or identifying information concerning
309the subjects of the reports and investigations.
310 (2) Within the discretion of the anti-racism inspector general, summaries of reports,
311investigations and other job functions in the furtherance of this offices purpose shall be published
312on the office’s website and made accessible to incarcerated person quarterly.
313 (q) Any person who has authority to recommend, approve, direct or otherwise take or
314affect action against incarcerated persons or correctional employees shall not, with respect to
315such authority: 17 of 17
316 (i) take any action against an incarcerated person or correctional employee because of the
317disclosure of information by said person to the office which the person reasonably believes
318evidences wrongdoing under the office;
319 (ii) take any action against an incarcerated person or correctional employee as a reprisal
320for the submission of an allegation of wrongdoing to the office by such person; or
321 (iii) take any action against an incarcerated person or correctional employee as a reprisal
322for providing information or testimony pursuant to an investigation by the office.