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Massachusetts House Bill H2635

Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2635 Compare Versions

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22 HOUSE DOCKET, NO. 1680 FILED ON: 1/15/2025
33 HOUSE . . . . . . . . . . . . . . . No. 2635
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Russell E. Holmes and Erika Uyterhoeven
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act creating an independent correctional oversight office to facilitate the recommendations of
1313 the Special Legislative Commission on Structural Racism in Correctional Facilities of the
1414 Commonwealth.
1515 _______________
1616 PETITION OF:
1717 NAME:DISTRICT/ADDRESS :DATE ADDED:Russell E. Holmes6th Suffolk1/15/2025Erika Uyterhoeven27th Middlesex1/17/2025 1 of 17
1818 HOUSE DOCKET, NO. 1680 FILED ON: 1/15/2025
1919 HOUSE . . . . . . . . . . . . . . . No. 2635
2020 By Representatives Holmes of Boston and Uyterhoeven of Somerville, a petition (accompanied
2121 by bill, House, No. 2635) of Russell E. Holmes and Erika Uyterhoeven for legislation to
2222 authorize an independent correctional oversight office to facilitate the recommendations of the
2323 Special Legislative Commission on Structural Racism in Correctional Facilities of the
2424 Commonwealth. Public Safety and Homeland Security.
2525 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2626 SEE HOUSE, NO. 3956 OF 2023-2024.]
2727 The Commonwealth of Massachusetts
2828 _______________
2929 In the One Hundred and Ninety-Fourth General Court
3030 (2025-2026)
3131 _______________
3232 An Act creating an independent correctional oversight office to facilitate the recommendations of
3333 the Special Legislative Commission on Structural Racism in Correctional Facilities of the
3434 Commonwealth.
3535 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3636 of the same, as follows:
3737 1 SECTION 1. The General Court hereby adopts the following findings of the Special
3838 2Legislative Commission on Structural Racism in Correctional Facilities of the Commonwealth
3939 3Final Report:
4040 4 (i) Structural racism exists within commonwealth’s correctional system resulting in the
4141 5disparate treatment and impact of Black, Indigenous, and People of Color (BIPOC) including
4242 6incarcerated individuals, correctional staff and other intersecting identities including LGBTQ+,
4343 7immigrant status and language; and 2 of 17
4444 8 (ii) Structural racism within correctional facilities manifests in 4 forms:
4545 9 (1) Institutional Racism. This form of racism includes policies, procedures and cultural
4646 10practices of commonwealth’s correctional system that perpetuate racial inequality. Such
4747 11inequalities are most prominently in healthcare education, access, diagnosis, and treatment;
4848 12services to BIPOC immigrants and English Language Learners; cultural and ethnic affinity group
4949 13programming and services; job and workforce development opportunities; data systems tracking
5050 14staff and incarcerated individual experiences; and the lack of transparency in budgeting and
5151 15decision-making;
5252 16 (2) Systemic Racism. The joint operation of institutions operating within and in
5353 17conjunction with the commonwealth’s correctional system that produce racialized outcomes,
5454 18even in the absence of racist intent;
5555 19 (3) Interpersonal Racism. The individual interactions of correctional community
5656 20members, including incarcerated persons and correctional staff, within commonwealth’s
5757 21correctional system that result in the disparate treatment of BIPOC correctional community
5858 22members, including incarcerated persons and staff; and
5959 23 (4) Internalized Racism. This includes individual and community attitudes, beliefs and
6060 24prejudices about race held by commonwealth’s correctional system community members that
6161 25result in disparate treatment and impact of BIPOC correctional community members, including
6262 26incarcerated persons and correctional staff.
6363 27 SECTION 2. Chapter 12A of the General Laws is hereby amended by adding the
6464 28following section:- 3 of 17
6565 29 Section 16. (a) As used in this section the following terms shall, unless the context clearly
6666 30requires otherwise, have the following meanings:
6767 31 “Administrator”, a person charged with administration of a program, an office or a
6868 32division of the department or administration of a private agency.
6969 33 “BIPOC”, Black, Indigenous and People of Color.
7070 34 “Correctional community members”, incarcerated persons and correctional staff who
7171 35identify as BIPOC.
7272 36 “Correctional facility”, any building, enclosure, space, structure, or vehicle used for the
7373 37custody, control and rehabilitation of committed offenders or of such other persons as may be
7474 38placed in custody therein in accordance with law regardless of whether the facility is owned,
7575 39operated, or controlled by a county sheriff or by the department of correction; provided however,
7676 40this shall not include the facilities operated by the department of youth services.
7777 41 “Department”, department of correction, house of corrections and county jails.
7878 42 “Private agency”, an entity that contracts with the department or contracts to provide
7979 43services to another entity that contracts with the department.
8080 44 “Record”, any recording in written, audio, electronic transmission, or computer storage
8181 45form, including but not limited to a draft, memorandum, note, report, computer printout, notation
8282 46or message, and includes but is not limited to medical records, mental health records, case files,
8383 47clinical records, financial records and administrative records. 4 of 17
8484 48 (b) There is hereby established within the office an anti-racism division. The division
8585 49shall be called the Inclusion, Diversity, Anti-Racism, and Equity Unit, hereinafter referred to as
8686 50IDAREU.
8787 51 (c)(1) There shall be in the office an anti-racism corrections inspector general, who shall
8888 52be the administrative head of division and who shall be appointed by the attorney general, the
8989 53state auditor and the chair of the black and latino caucus and confirmed by a majority vote of the
9090 54community council for a term of 5 years. The person so appointed shall be selected without
9191 55regard to political affiliation and solely on the basis of integrity, expertise in the area of structural
9292 56racism including at least 5 years experience designing and implementing anti-racist strategies,
9393 57tools and materials and demonstrate ability in statistics, law, management, public administration,
9494 58investigation, criminal justice administration or other closely related fields.
9595 59 (2) In case of a vacancy in the position of anti-racism corrections inspector general, their
9696 60successor shall be appointed in the same manner for the unexpired term. No person shall be
9797 61appointed for more than 2 five-year terms.
9898 62 (3) Appointing authorities shall make due efforts to assure that BIPOC community
9999 63members have notice when the position is vacant.
100100 64 (4) No former or current employee of the department of correction or county correctional
101101 65facility shall be appointed to the position within 10 years after such former or current period of
102102 66service with the department or county.
103103 67 (5) The anti-racism inspector general may be removed from office, for cause, by a
104104 68majority vote of the attorney general, the chair of the black and latino caucus and a majority vote
105105 69of members of the community advisory board. Such a cause may include substantial neglect of 5 of 17
106106 70duty, gross misconduct or conviction of a crime. The reasons for removal of the anti-racism
107107 71corrections inspector general shall be stated in writing and shall include the basis for such
108108 72removal. Such writing shall be sent to the clerk of the senate, the clerk of the house of
109109 73representatives and to the governor at the time of the removal and shall be deemed to be a public
110110 74document.
111111 75 (d)(1) There shall be an anti-racism corrections inspector general community council
112112 76which shall consist of 10 members including the attorney general or a designee, the state auditor
113113 77or a designee, a designee of Prisoners’ Legal Services of Massachusetts, 2 members appointed by
114114 78the speaker of the house of representatives none of whom may be members of the General Court,
115115 792 members appointed by the president of the senate none of whom may be members of the
116116 80General Court, and 3 members appointed by the black and latino caucus none of whom may be
117117 81members of the General Court.
118118 82 (2) At least 1 member of the council shall be an immediate family member of an
119119 83incarcerated person serving in a department correctional facility at the time of their appointment;
120120 84at least one additional member shall be an immediate family member of an incarcerated person
121121 85who served in a county correctional facility within the last 5 years at the time of their
122122 86appointment; at least 1 additional member shall be a formerly incarcerated person who served in
123123 87a department correctional facility within the last 5 years at the time of their appointment; at least
124124 881 additional member shall be a formerly incarcerated person who served in a county correctional
125125 89facility within the last 5 years at the time of their appointment. At least 5 council members shall
126126 90be directly impacted by structural racism. 6 of 17
127127 91 (3) Appointing authorities shall make due effort to assure BIPOC populations have notice
128128 92when advisory board positions are vacant.
129129 93 (4) The appointed members shall serve for a term of 5 years and shall be compensated for
130130 94work performed for the anti-racism corrections inspector general council at such rate as the
131131 95secretary of administration shall determine and shall be reimbursed for expenses necessarily
132132 96incurred in the performance of their duties. The anti-racism corrections inspector general shall
133133 97meet with the council at least quarterly and may consult or request the assistance of members of
134134 98the anti-racism community council with respect to the duties and responsibilities of the office.
135135 99 (e)(1) The anti-racism corrections inspector general may, subject to appropriation,
136136 100appoint and may remove such employees, as they deems necessary to perform the duties of their
137137 101office.
138138 102 (2) With the exception of the attorney general, and the state auditor, no member of the
139139 103anti-racism corrections inspector general council or officer or employee of IDAREU shall hold,
140140 104or be a candidate for, any elective public office while an officer or employee, or for 3 years
141141 105thereafter, nor shall he hold office in any political party or political committee, or participate in
142142 106any political campaign of any candidate for public office while an officer or employee.
143143 107 (3) The anti-racism inspector general, with the advice and consent of the inspector
144144 108general and the anti-racism corrections community council may apply for and receive federal
145145 109funds in order to fulfill the duties and responsibilities of the office.
146146 110 (f) IDAREU shall act to dismantle structural racism and ensure the equitable treatment of
147147 111all prisoners and correctional staff in the day-to-day operations of commonwealth’s correctional 7 of 17
148148 112system by assuring accountability, transparency and compliance with anti-racism standards as
149149 113established by the office.
150150 114 (g)(1) The anti-racist corrections inspector general may investigate, inspect, examine,
151151 115review, or otherwise assess any aspect of corrections facilities or systems as it relates to the day-
152152 116to-day operations or conditions including, but not limited to:
153153 117 (i) canteen, inmate benefit funds and disbursements
154154 118 (ii) searches including cell searches, pat searches, strip or bodily searches;
155155 119 (iii) classification;
156156 120 (iv) covid-19;
157157 121 (v) educational, vocational and other programming;
158158 122 (vi) institutional employment and re-instatement of employments upon discipline;
159159 123 (vii) gang designation;
160160 124 (viii) staff recruitment, training, supervision, and discipline;
161161 125 (ix) food services;
162162 126 (x) inmate funds;
163163 127 (xi) mail distribution and dissemination;
164164 128 (xii) incarcerated person deaths, injuries, or harassment;
165165 129 (xiii) housing; 8 of 17
166166 130 (xiv) incidents of assault, battery, or sexual misconduct;
167167 131 (xv) medical or mental health care, including care provided to incarcerated persons by
168168 132third parties;
169169 133 (xvi) violence among incarcerated persons;
170170 134 (xvii) conditions of confinement;
171171 135 (xviii) incarcerated person disciplinary processes;
172172 136 (xix) incarcerated person grievance processes;
173173 137 (xx) substance use disorder treatment;
174174 138 (xxi) family visitation and communication practices;
175175 139 (xxii) rehabilitation, reentry, and integration practices;
176176 140 (xxiii) misidentification;
177177 141 (xxiv) personal property;
178178 142 (xxv) re-entry services; and
179179 143 (xxvi) use of force
180180 144 (2) The anti-racism corrections inspector general shall review legislation and regulations
181181 145relating to programs and operations of corrections and shall make recommendations concerning
182182 146the effect of such legislation or regulation in an effort to dismantle structural racism. 9 of 17
183183 147 (3) The anti-racism corrections inspector general may utilize resources necessary to
184184 148effectively perform its duties, including but not limited to, conducting interviews with
185185 149incarcerated community members without molestation from the department or county, and
186186 150utilizing such tools as surveys, documents, records, reports, statistics and studies to develop and
187187 151implement minimum anti-racism standards and policies in corrections.
188188 152 (4) The anti-racism corrections inspector general shall conduct a comprehensive review
189189 153of all correction records and data collection processes for the purpose of establishing and
190190 154implementing a statewide uniform racial data collection system. The data collected shall be
191191 155disaggregated by age, race, ethnicity, language, sex, gender identity and sexual orientation. Such
192192 156data shall be used to track and monitor the day-to-day operations of the department and county
193193 157and to alleviate the adverse impact of structural racism and ensure correctional compliance with
194194 158applicable laws, regulations and policies as related to the health, safety, welfare and
195195 159rehabilitation of incarcerated persons.
196196 160 (5) The anti-racism corrections inspector general shall investigate thoroughly and
197197 161completely, all grievances and complaints alleging disparate treatment or impact of BIPOC
198198 162correctional community members. Such investigations shall be performed independently without
199199 163regard for department and county processes or findings.
200200 164 (6) The anti-racism corrections inspector general shall regularly confer with the anti-
201201 165racism corrections inspector general co mmunity council and its designees for input into the
202202 166office’s activities and priorities. Additional input shall be sought from impacted community
203203 167members at large which shall include a minimum quarterly public meeting. 10 of 17
204204 168 (7) The anti-racism inspector general shall work to identify other state agencies
205205 169responsible for investigating, auditing, reviewing, or evaluating the management and operation
206206 170of state agencies, and coordinate with these agencies to share information in the furtherance of
207207 171this office’s duties.
208208 172 (8) The anti-racism corrections inspector general shall maintain, monitor, and provide a
209209 173system of response for a statewide toll-free telephone number, a collect telephone number, a
210210 174website, and a mailing address for the receipt of grievances, complaints and inquiries relating to
211211 175structural racism in corrections.
212212 176 (9) The anti-racism corrections inspector general shall provide, information to
213213 177incarcerated persons, representatives of incarcerated persons, agencies working with incarcerated
214214 178persons, impacted family members, and department and county staff, as it relates to the duties
215215 179and functions of the offices.
216216 180 (10) The anti-racism corrections inspector general may identify and implement ways in
217217 181which management functions can better assist in the performance of the duties and functions of
218218 182the office.
219219 183 (h) The office shall be independent of any supervision or control by any executive
220220 184agency.
221221 185 (i) The office shall have all powers necessary or convenient to carry out and effectuate its
222222 186purposes, including, but not limited to, the power to: 11 of 17
223223 187 (i) surveying all prisoners housed in the department and county to establish baseline
224224 188racial data, including surveying incarcerated persons to allow for an independent assessment of
225225 189the racial make-up and other identities of incarcerated persons;
226226 190 (ii) Initiate and conduct investigations to carry out and effectuate its purpose;
227227 191 (iii) Identify systemic issues and responses relating to dismantling structural racism in
228228 192corrections upon which the department and county shall implement
229229 193 (iv) Identify systemic issues and responses relating to dismantling structural racism in
230230 194corrections upon which the Governor, Legislature, Attorney General or other authorities as
231231 195identified by the office shall act;
232232 196 (v) recommend and facilitate the implementation of minimum statewide anti-racism
233233 197standards for correctional operations;
234234 198 (vi) hire and employ staff to perform duties and exercise the same powers as the anti-
235235 199racism corrections inspector general;
236236 200 (vii) ensure compliance with relevant statutes, rules, regulations, and policies concerning
237237 201corrections facilities, services, and treatment of incarcerated persons under the jurisdiction of the
238238 202department and within each county;
239239 203 (viii) hire and employ staff or otherwise appoint designees to perform duties and exercise
240240 204the same powers as the anti-racism corrections inspector general;
241241 205 (ix) enter into agreements or other transactions with a person, including, but not limited
242242 206to, a public entity or other governmental instrumentality or authority in connection with its
243243 207powers and duties of this office; 12 of 17
244244 208 (x) execute all instruments necessary or convenient for accomplishing the intended
245245 209purpose of this office;
246246 210 (xi) enter into agreements or other transactions with a person, including, but not limited
247247 211to, a public entity or other governmental instrumentality or authority in connection with the
248248 212powers and duties of this office;
249249 213 (xii) appear on its own behalf before boards, commissions, departments or other agencies
250250 214of municipal, state or federal government;
251251 215 (xiii) apply for and accept subventions, grants, loans, advances and contributions of
252252 216money, property, labor or other things of value from any source, to be held, used and applied for
253253 217its purposes; and
254254 218 (xiv) provide and pay for advisory services and technical assistance as may be necessary
255255 219in its judgment to carry out this chapter and fix the compensation of persons providing such
256256 220services or assistance.
257257 221 (j) The anti-racism corrections inspector general, its employees, designee or
258258 222organizational members of the community council working in furtherance of the office’s
259259 223intended purposes may enter any part or all of any place where prisoners in this state are kept and
260260 224shall be immediately admitted to such place as they desire.
261261 225 (k) The anti-racism corrections inspector general, its employees, designee or
262262 226organizational members of the community council working in furtherance of the office’s
263263 227intended purposes may consult and confer with any prisoner, department and county employees, 13 of 17
264264 228privately and confidentially without molestation. Such communications may be both formally
265265 229and informally, in person, by video conference, by phone, and by mail.
266266 230 (l) The anti-racism corrections inspector general may hold public hearings, subpoena
267267 231witnesses and documents and to require that witnesses testify under oath.
268268 232 (m) The anti-racism corrections inspector general may make referrals to any other civil or
269269 233criminal enforcement authority as it may see fit.
270270 234 (n) Failure of the department or county to cooperate or otherwise interfere with the
271271 235performance of the duties of this office shall result in sanctions, fines or demotion. The office,
272272 236for just cause, may impose fines, demote correctional administrators and staff, or otherwise limit
273273 237correctional staff interactions with incarcerated persons and their property until such time
274274 238deemed necessary by the office. All determinations shall be made in writing and subject to
275275 239appeal and corrective action by the department or county within 90 days. The department or
276276 240county shall respond in writing to the determination to impose fines, sanctions or demotion of
277277 241staff within 30 days of the decision. Failure to respond shall make null and void the opportunity
278278 242for appeal by the department or county.
279279 243 (o)(1) The anti-racism corrections inspector general has the right to access, inspect, and
280280 244copy any information, records, documents, or video or audio recordings in the possession or
281281 245control of the department or county that the anti-racism corrections inspector general considers
282282 246necessary. No claim of restriction or privilege under state law shall limit the anti-racism
283283 247corrections inspector general’s rights under this paragraph. The department or county shall assist
284284 248the corrections inspector general in obtaining any necessary releases for those documents which
285285 249are restricted or privileged under federal law. 14 of 17
286286 250 (2) Following a written demand from the anti-racism corrections inspector general, the
287287 251department or county shall provide the requested material within 20 days unless the anti-racism
288288 252corrections inspector general consents to an extension of that time frame. Any failure to obey the
289289 253request may be punished by imposition of fines or sanctions. Where the material requested by the
290290 254anti-racism corrections inspector general pertain to an incarcerated person’s death, threats of
291291 255bodily harm including, but not limited to, sexual or physical assaults, or the denial of necessary
292292 256medical treatment, the material shall be provided within 5 days unless the anti-racism corrections
293293 257inspector general consents to an extension of that time frame.
294294 258 (3) Upon notice and request by the anti-racism corrections inspector general, a state,
295295 259county, or municipal government agency, other than the department or a county sheriff, that has
296296 260information, records, documents, or video or audio recordings relevant to a complaint or an
297297 261investigation conducted by the anti-racism corrections inspector general shall provide the anti-
298298 262racism corrections inspector general with access to the material not later than 20 days unless the
299299 263anti-racism corrections inspector general consents to an extension of that time frame.
300300 264 (4) Disclosure of any information, records, documents, or video or audio recordings in
301301 265the possession or control of the department or county as requested by the anti-racism corrections
302302 266inspector general shall not be released to the public. The office may release information from the
303303 267department or county in the form of reports and other informational tools developed by the office
304304 268in performance of his duties and responsibilities.
305305 269 (5) The anti-racism corrections inspector general shall work with the department or
306306 270county to minimize disruption to the departments or county’s operations due to the anti-racism
307307 271corrections inspector general activities and shall comply with the department’s or county's 15 of 17
308308 272security clearance processes, provided those processes do not, in the sole judgment of the anti-
309309 273racism corrections inspector general, impede the anti-racism corrections inspector general from
310310 274carrying out the duties and intended purpose of this office.
311311 275 (6) The anti-racism corrections inspector general shall conduct investigations, audits and
312312 276reports relating to the administration of the programs and operations of the department and
313313 277county, and may make recommendations to address any identified issues as it relates to
314314 278dismantling structural racism. At the conclusion of such investigation, the anti-racism corrections
315315 279inspector general shall produce a public report on the outcome of the investigation, which may
316316 280include any recommendations to the department or county.
317317 281 (7) Upon request by the anti-racism corrections inspector general, the department or
318318 282county shall, within the time specified, inform the anti-racism corrections inspector general about
319319 283any action taken on the recommendations or the reasons for not complying with the
320320 284recommendations and an anticipated timeline for completion. The department and county shall
321321 285be provided with a specified time when sanctions or fines may be imposed for any failure to
322322 286comply with the recommendations of the office.
323323 287 (8) The anti-racism inspector general shall make public the results of its findings after
324324 288reasonable notice to the department and county. Correctional administrators may be provided an
325325 289opportunity to review reports and provide feedback about them to the anti-racism corrections
326326 290inspector general before their dissemination to the public; provided, however that the release of
327327 291the reports is not subject to approval from any entity or person outside the office nor it is
328328 292contingent of the review of the report by the facility. Reports shall apply legal requirements, best
329329 293correctional practices, and other criteria to objectively and accurately review and assess a 16 of 17
330330 294facility's policies, procedures, programs, and practices; identify systemic problems and the
331331 295reasons for them; and recommend possible solutions to those problems as it pertains to
332332 296dismantling structural racism.
333333 297 (p)(1) Annually, on or before September 15, the anti-racism inspector general shall
334334 298provide to the legislature, the governor, the attorney general, and community council a summary
335335 299of reports and investigations made under the IDAREU for the preceding year. The summary
336336 300provided shall be provided electronically. The summaries shall include recommendations and an
337337 301update on the status of recommendations made in prior summaries, if any. The recommendations
338338 302may address issues discovered through investigations, evaluations, surveys, inspections, reviews
339339 303and other related means of performing the duties of this office that will: (i) increase
340340 304accountability and legislative oversight of Commonwealth’s correctional system; (ii) improve
341341 305operations of the department and county; (iii) deter and identify structural racism in correction
342342 306polices, practices, and regulations; and (iv) identify inconsistencies between statutory
343343 307requirements and requirements as established by this office in an effort to dismantle structural
344344 308racism. The summaries shall not contain any confidential or identifying information concerning
345345 309the subjects of the reports and investigations.
346346 310 (2) Within the discretion of the anti-racism inspector general, summaries of reports,
347347 311investigations and other job functions in the furtherance of this offices purpose shall be published
348348 312on the office’s website and made accessible to incarcerated person quarterly.
349349 313 (q) Any person who has authority to recommend, approve, direct or otherwise take or
350350 314affect action against incarcerated persons or correctional employees shall not, with respect to
351351 315such authority: 17 of 17
352352 316 (i) take any action against an incarcerated person or correctional employee because of the
353353 317disclosure of information by said person to the office which the person reasonably believes
354354 318evidences wrongdoing under the office;
355355 319 (ii) take any action against an incarcerated person or correctional employee as a reprisal
356356 320for the submission of an allegation of wrongdoing to the office by such person; or
357357 321 (iii) take any action against an incarcerated person or correctional employee as a reprisal
358358 322for providing information or testimony pursuant to an investigation by the office.