1 of 1 HOUSE DOCKET, NO. 1752 FILED ON: 1/15/2025 HOUSE . . . . . . . . . . . . . . . No. 2636 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 Middlesex1/17/2025Natalie M. Higgins4th Worcester1/28/2025Lindsay N. Sabadosa1st Hampshire1/28/2025Danillo A. Sena37th Middlesex2/21/2025Samantha Montaño15th Suffolk2/21/2025James B. EldridgeMiddlesex and Worcester2/21/2025 1 of 25 HOUSE DOCKET, NO. 1752 FILED ON: 1/15/2025 HOUSE . . . . . . . . . . . . . . . No. 2636 By Representatives Holmes of Boston and Uyterhoeven of Somerville, a petition (accompanied by bill, House, No. 2636) of Russell E. Holmes, Erika Uyterhoeven and others 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. 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: FACT FINDING 2 Whereas, the Special Legislative Commission on Structural Racism in Correctional 3Facilities of the Commonwealth Final Report finds: 4 (a)Structural racism exists within Massachusetts Corrections 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, language, etc. 8 (b)Structural racism within Massachusetts correctional facilities manifests in four 9forms: 2 of 25 10 1. Institutional Racism – this form of racism includes policies, procedures and 11cultural practices of Massachusetts corrections that perpetuate racial inequality. Such inequalities 12are most prominent in healthcare education, access, diagnosis, and treatment; services to BIPOC 13immigrants and English Language Learners; cultural and ethnic affinity group programming and 14services; job and workforce development opportunities; data systems tracking staff and 15incarcerated individual experiences; and the lack of transparency in budgeting and decision- 16making; 17 2. Systemic Racism – the joint operation of institutions (i.e. institutional 18arrangements and interactions) operating within and in conjunction with Massachusetts 19corrections that produce racialized outcomes, even in the absence of racist intent; 20 3. Interpersonal Racism – the individual interactions of Correctional community 21members, including incarcerated persons and correctional staff, within Massachusetts corrections 22that result in the disparate treatment of BIPOC correctional community members, including 23incarcerated persons and staff; and 24 4. Internalized Racism – includes individual and community attitudes, beliefs and 25prejudices about race held by Massachusetts corrections community members that result in 26disparate treatment and impact of BIPOC correctional community members, including 27incarcerated persons and correctional staff. 28 Whereas, the Special Legislative Commission on Structural Racism in Correctional 29Facilities of the Commonwealth recommends enactment of legislation mandating the creation of 30a robust data systems, analysis and reporting with independent oversight to allow for the 31collection and analysis of racial demographics disaggregated by age, race and ethnicity, 3 of 25 32language, sex, gender identity, and sexual orientation; to track and monitor the experiences of 33BIPOC correctional 34 35 community members in the day-to-day operations of corrections; and gauge progress 36dismantling structural racism in Massachusetts Corrections. 37 SECTION 2. The General Laws are hereby amended by inserting after section 15 of 38chapter 12A: Office of Inspector General the following: 39 Chapter XX 40 INDEPENDENT CORRECTIONAL OVERSIGHT OF MATTERS RELATING TO 41STRUCTURAL RACISM 42 Section 1. Short Title – Correctional Oversight to End Structural Racism 43 Section 2. Definitions 44 As used in this chapter, unless the context otherwise indicates, the following terms have 45the following meanings: 46 “administrator” means a person charged with administration of a program, an office, or a 47division of the department or administration of a private agency; 48 “BIPOC” referring to Black, Indigenous and People of Color; 49 “correctional community members” means incarcerated persons and correctional staff 50who identify as Black, Indigenous Person of Color; 4 of 25 51 “correctional facility”, any building, enclosure, space, structure, or vehicle used for the 52custody, control and rehabilitation of committed offenders or of such other persons as may be 53placed in custody therein in accordance with law regardless of whether the facility is owned, 54operated, or controlled by a county sheriff or by the department of correction; provided however, 55this shall not include the facilities operated by the department of youth services; 56 “department” means the Massachusetts Department of Corrections 57 “incarcerated person”, a committed offender or such other person as is placed in custody 58in a correctional facility in accordance with law; 59 “Private agency” means an entity that contracts with the department or contracts to 60provide services to another entity that contracts with the department; and 61 “Record” means any recording in written, audio, electronic transmission, or computer 62storage form, including, but not limited to, a draft, memorandum, note, report, computer printout, 63notation, or message, and includes, but is not limited to, medical records, mental health records, 64case files, clinical records, financial records, and administrative records. 65 Section 2: Establishment of office; appointment; removal of anti-racism correctional 66inspector general 67 68 There is hereby established an anti-racism division of the office of inspector general, the 69Inclusion, Diversity, Anti-Racism, and Equity Unit, hereinafter called IDAREU. 70 There shall be in said office an anti-racism corrections inspector general, who shall be the 71administrative head of said office and shall devote full-time to the duties of the office. The anti- 5 of 25 72racism corrections inspector general shall be appointed by a majority vote of the attorney 73general, the state auditor and the chair of the Black and Latino caucus and confirmed by a 74majority vote of the community council. 75 Any person appointed to the position of anti-racism corrections inspector general shall be 76selected without regard to political affiliation and solely on the basis of integrity and knowledge 77of restorative justice, offender rehabilitation, expertise in the area of structural racism including 78experience designing and implementing anti-racist strategies, tools, and materials and 79demonstrate ability in statistics, law, management, public administration, investigation, criminal 80justice administration or other closely related fields. 81 Any person so appointed shall be a civilian and shall not have been or have any 82immediate family members who were previously employed in the department of correction, 83employed in any county sheriff office, or served as a sheriff. Any person so appointed shall be a 84resident of the commonwealth within 90 days of appointment and shall not: (i) hold, or be a 85candidate for, federal, state or local elected office; (ii) hold an appointed office in a federal, state, 86or local government; or (iii) serve as an official in a political party. 87 The anti-racism correctional inspector general shall serve for a term of five years. In case 88of a vacancy in the position of anti-racism correctional inspector general, his or her successor 89shall be appointed in the same manner for the unexpired term. No person shall be appointed for 90more than two five-year terms. Appointing authorities shall make due efforts to assure that 91BIPOC persons and impacted community members have notice when the anti-racism corrections 92inspector general position is vacant. 6 of 25 93 The person so appointed may be removed from office, but only for just cause, by a 94majority vote of the attorney general, the state auditor, the chair of the Black and Latino caucus 95and by quorum of members of the community council. Such cause may include substantial 96neglect of duty, gross misconduct or conviction of a crime. The reasons for removal of the anti- 97racism corrections inspector general shall be stated in writing. Such writing shall be sent to the 98clerk of the senate, the clerk of the house of representatives and to the attorney general at the 99time of the removal and shall be deemed to be a public document. 100 Section 3. Anti-racism corrections inspector general community council; establishment 101There shall be an anti-racism corrections inspector general community council. Council 102appointments shall be made before the appointment of the anti-racism corrections inspector 103general. 104 The council shall consist of nine members including the attorney general or a designee, 105the state auditor or a designee, an attorney designee of Prisoners’ Legal Services of 106Massachusetts, 107 108 one member shall be appointed by the speaker of the house of representatives, one 109member shall be appointed by the president of the senate, one member shall be appointed by the 110judiciary committee, one member shall be appointed by the women’s committee and two 111members shall be appointed by the Black and Latino caucus. Additionally, the council may 112designate five additional members to expand its expertise. 113 At least one member of the council shall be an immediate family member of an 114incarcerated person serving in a department correctional facility at the time of their appointment; 7 of 25 115at least one additional member shall be an immediate family member of an incarcerated person 116who served in a county correctional facility within the last five years at the time of their 117appointment; at least one additional member shall be a formerly incarcerated person who served 118in a department correctional facility within the last five years at the time of their appointment; at 119least one additional member shall be a formerly incarcerated person who served in a county 120correctional facility within the last five years at the time of their appointment. 121 Any person so appointed shall not have been or have any immediate family members 122who were previously employed in the department of correction, employed in any county sheriff 123office, or served as a sheriff. Any person so appointed shall not: (i) hold, or be a candidate for, 124federal, state or local elected office; (ii) hold an appointed office in a federal, state, or local 125government; or (iii) serve as an official in a political party. 126 At least six community council members shall be directly impacted by structural racism. 127 Appointing authorities shall make due effort to assure BIPOC populations have notice 128when council positions are vacant. 129 The appointive members shall serve for a term of five years and shall be compensated for 130work performed for the anti-racism corrections inspector general council at such rate as the 131secretary of administration shall determine and shall be reimbursed for expenses necessarily 132incurred in the performance of their duties. The anti-racism corrections inspector general shall 133meet with the council at least quarterly and may consult or request the assistance of members of 134the anti- racism community council with respect to the duties and responsibilities of the office. 135 Section 4. Employees, partisan activity, funding 8 of 25 136 The anti-racism corrections inspector general may, subject to appropriation, appoint and 137may remove such employees, as he deems necessary to perform the duties of his office. 138 With the exception of the attorney general, and the state auditor, no member of the anti- 139racism corrections inspector general council or officer or employee of IDAREU shall hold, or be 140a candidate for, any elective public office while an officer or employee, or for three years 141thereafter, nor shall he hold office in any political party or political committee, or participate in 142any political campaign of any candidate for public office while an officer or employee. 143 144 The anti-racism inspector general, with the advice and consent of the inspector general 145and the anti-racism corrections community council may apply for and receive federal funds in 146order to fulfill the duties and responsibilities of the office. 147 Section 5: Purpose 148 IDAREU shall act to dismantle structural racism and ensure the equitable treatment of all 149prisoners and correctional staff in the day-to-day operations of Massachusetts corrections by 150assuring accountability, transparency and compliance with anti-racism standards as established 151by the office. 152 Section 6: Duties 153 (a)The anti-racist corrections inspector general may investigate, inspect, examine, 154review, or otherwise assess any aspect of corrections facilities or systems as it relates to the day- 155to-day operations or conditions including, but not limited to: 156 1) canteen, inmate benefit funds and disbursements; 9 of 25 157 2) searches including cell searches, pat searches, strip or bodily searches; 158 3) classification; 159 4) covid-19; 160 5) educational, vocational and other programming; 161 6) institutional employment and re-instatement of employment upon discipline; 162 7) gang designation; 163 8) staff recruitment, training, supervision, and discipline; 164 9) food services; 165 10)inmate funds; 166 11)mail distribution and dissemination; 167 12)incarcerated person deaths, injuries, or harassment; 168 13)housing 169 14)incidents of assault, battery, or sexual misconduct; 170 15)medical or mental health care, including care provided to incarcerated persons by 171third parties; 172 16)violence among incarcerated persons; 173 17)conditions of confinement; 174 18)incarcerated person disciplinary processes; 10 of 25 175 19)incarcerated person grievance processes; 176 20)substance use disorder treatment; 177 21)family visitation and communication practices; 178 22)rehabilitation, reentry, and integration practices; 179 23)Misidentification; 180 24)personal property; 181 25)re-entry Services; and 182 26)use of force. 183 184 (b)The anti-racism corrections inspector general shall review legislation and 185regulations relating to programs and operations of corrections and shall make recommendations 186concerning the effect of such legislation or regulation in an effort to dismantle structural racism. 187 (c)The anti-racism corrections inspector general may utilize resources necessary to 188effectively perform its duties, including but not limited to, conducting interviews with 189incarcerated community member(s) without molestation from the department or county, and 190utilizing such tools as surveys, documents, records, reports, statistics, studies, etc. to develop and 191implement minimum anti-racism standards and policies in corrections. 192 (d)The anti-racism corrections inspector general shall conduct a comprehensive 193review of all correction records and data collection processes for the purpose of establishing and 11 of 25 194implementing a statewide uniform racial data collection system. The data collected shall be 195disaggregated by age, race, ethnicity, language, sex, gender identity, and sexual orientation. 196IDAREU shall determine areas in which race data is collected; such areas shall include but not 197be limited to those areas listed above in Section 6(a). Such data shall be used to track and 198monitor the day-to-day operations of the department and county and to alleviate the adverse 199impact of structural racism and ensure correctional compliance with applicable laws, regulations 200and policies as related to the health, safety, welfare, and rehabilitation of incarcerated persons. 201The review shall include an initial, comprehensive review of the DOCs software and systems 202used to collect data. All data shall be collected retroactively, at least 10 years prior. 203 (e)The anti-racism corrections inspector general shall investigate thoroughly and 204completely, all grievances and complaints alleging disparate treatment or impact of BIPOC 205correctional community members. Such investigations shall be performed independently without 206regard for department and county processes or findings. 207 (f)The anti-racism corrections inspector general shall regularly confer with the anti- 208racism corrections inspector general community council and its designees for input into the 209office’s activities and priorities. Additional input shall be sought from impacted community 210members at large, which shall include a minimum quarterly public meeting. 211 (g)The anti-racism inspector general shall work to identify other state agencies 212responsible for investigating, auditing, reviewing, or evaluating the management and operation 213of state agencies, and coordinate with these agencies to share information in the furtherance of 214this office’s duties. 12 of 25 215 (h)The anti-racism corrections inspector general shall maintain, monitor, and provide 216a system of response for a statewide toll-free telephone number, a collect telephone number, a 217website, and a mailing address for the receipt of grievances, complaints and inquiries relating to 218structural racism in corrections. 219 (i)The anti-racism corrections inspector general shall provide, information to 220incarcerated persons, representatives of incarcerated persons, agencies working with incarcerated 221persons, impacted family members, and department and county staff, as it relates to the duties 222and functions of the offices 223 (j)The anti-racism corrections inspector general may identify and implement ways in 224which management functions can better assist in the performance of the duties and functions of 225the office. 226 Section 7. Powers and enforcement, access to facilities 227 (a)The office shall be independent of any supervision or control by any executive 228agency. 229 (b)The office shall have all powers necessary or convenient to carry out and 230effectuate its purposes, including, but not limited to, the power to: 231 1) Survey all prisoners housed in the department and county to establish baseline 232racial data, including surveying incarcerated persons to allow for an independent assessment of 233the racial make-up and other identities of incarcerated persons; 234 2) Initiate and conduct investigations to carry out and effectuate its purpose; 13 of 25 235 3) Identify systemic issues and responses relating to dismantling structural racism in 236corrections upon which the department and county shall implement; 237 4) Identify systemic issues and responses relating to dismantling structural racism in 238corrections upon which the Governor, Legislature, Attorney General or other authorities as 239identified by the office shall act; 240 5) Recommend and facilitate the implementation of minimum statewide anti-racism 241standards for correctional operations; 242 6) Hire and employ staff to perform duties and exercise the same powers as the anti- 243racism corrections inspector general; 244 7) Ensure compliance with relevant statutes, rules, regulations, and policies 245concerning corrections facilities, services, and treatment of incarcerated persons under the 246jurisdiction of the department and within each county; 247 8) Hire and employ staff or otherwise appoint designees to perform duties and 248exercise the same powers as the anti-racism corrections inspector general; 249 9) Enter into agreements or other transactions with a person, including, but not 250limited to, a public entity or other governmental instrumentality or authority in connection with 251its powers and duties of this office; 252 10)Execute all instruments necessary or convenient for accomplishing the intended 253purpose of this office; 14 of 25 254 11)Enter into agreements or other transactions with a person, including, but not 255limited to, a public entity or other governmental instrumentality or authority in connection with 256the powers and duties of this office; 257 12)Appear on its own behalf before boards, commissions, departments or other 258agencies of municipal, state or federal government; 259 13)Apply for and accept subventions, grants, loans, advances and contributions of 260money, property, labor or other things of value from any source, to be held, used and applied for 261its purposes; and 262 14)Provide and pay for advisory services and technical assistance as may be 263necessary in its judgment to carry out this chapter and fix the compensation of persons providing 264such services or assistance. 265 266 (c)The anti-racism corrections inspector general, its employees, designee or 267organizational member(s) of the community council working in furtherance of the office’s 268intended purposes may enter any part or all of any place where prisoners in this state are kept and 269shall be immediately admitted to such place as they desire. 270 (d)The anti-racism corrections inspector general, its employees, designee or 271organizational member(s) of the community council working in furtherance of the office’s 272intended purposes may consult and confer with any prisoner(s), department and county 273employees, privately and confidentially without molestation. Such communications may be both 274formal and informal, in person, by video conference, by phone, and by mail. 15 of 25 275 (e)The anti-racism corrections inspector general shall be authorized to hold public 276hearings, to subpoena witnesses and documents, and to require that witnesses testify under oath. 277 (f)The anti-racism corrections inspector general may make referrals to any other 278civil or criminal enforcement authority as it may see fit. 279 (g)Failure of the department or county to cooperate or otherwise interfere with the 280performance of the duties of this office shall result in sanctions, fines or demotion. The office, 281for just cause, may impose fines, demote correctional administrators and staff, or otherwise limit 282correctional staff interactions with incarcerated persons and their property until such time 283deemed necessary by the office. All determinations shall be made in writing and subject to 284appeal and corrective action by the department or county within 90 days. The department or 285county shall respond in writing to the determination to impose fines, sanctions or demotion of 286staff within 30 days of the decision. Failure to respond shall make null and void the opportunity 287for appeal by the department or county. 288 Section 8. Division of the corrections ombuds. 289 (a)There shall be within the office a division of the anti-racism corrections ombuds, 290which is responsible for receiving and reviewing individual complaints. 291 (b)The division shall remain neutral and impartial and shall not act as an advocate 292for the complainant or for the department or county. 293 (c)The division may receive complaints from incarcerated persons, family members 294of incarcerated persons, representatives of incarcerated persons, department or county 16 of 25 295employees, or any other source, regarding the disparate treatment and impact of structural 296racism. 297 (d)A person shall file a complaint without regard for the internal grievance, 298administrative, or appellate procedures within the department or county. Such investigation may 299be performed simultaneously to the internal processes of the department or county and shall not 300be intended to substitute those internal processes. 301 (e)The division, in its discretion, may decline to investigate any complaint. 302 (f)If the division declines to investigate a complaint, the division shall notify the 303complainant in writing of the decision not to investigate and the reasons for the decision. 304 305 (g)If the division decides to investigate a complaint, the division shall communicate 306in writing the outcome to the incarcerated person or complainant, if any, and to the department or 307county. 308 (h)The division may not investigate any complaints relating to an incarcerated 309person’s underlying criminal conviction. 310 (i)The division may not investigate a complaint from a department or county 311employee that relates to the employee's employment relationship with the department or county, 312unless the complaint is related to the duties and functions of this office. 313 (j)The division may refer complainants and others to appropriate resources, 314agencies, or departments, including to appropriate law enforcement authorities. 17 of 25 315 (k)The division may not levy any fees for the submission or investigation of 316complaints. 317 (l)The division shall monthly publish an anonymized report summarizing each 318complaint received and the resolution of the complaint. The report shall include the facility to 319which each complaint pertained. The data collected shall be disaggregated by age, race, 320ethnicity, language, sex, gender identity, and sexual orientation. 321 (m)The department and each county shall report all internal complaints received 322through its internal grievance process to the division on a weekly basis. 323 Section 9. Public disclosure following an investigation or inspection. 324 (a)At the conclusion of an investigation or inspection, the corrections inspector 325general shall produce a public report on the outcome of the investigation, which shall include any 326recommendations to the department or county deemed necessary by the correctional inspector 327general, except that the documents supporting the report are subject to the confidentiality 328provisions of section 12. 329 (b)If the corrections inspector general believes that there has been or continues to be 330a significant threat to the health, safety, welfare, or rehabilitation of incarcerated persons, the 331corrections inspector general shall promptly report the finding to the governor and the 332appropriate committees of the legislature. 333 (c)The anti-racism corrections inspector general may request to be notified by the 334department, within a specified time, of any action taken on any recommendation presented. 18 of 25 335Failure of the department or county to comply with this office’s recommendations may result in 336fines or other penalties. 337 (d)) The department or county shall, within thirty days, respond in writing about any 338action taken on the recommendation or any additional action the department or county will take. 339This written response shall include timelines for implementation. If the department or county 340disputes the findings or recommendation, the department or county shall, within thirty days, 341respond in writing with the reasons for not complying with the recommendation. This written 342response shall be public, accessible through the Internet, and distributed to the media, legislature, 343attorney general, and governor. 344 345 (e)Reports shall apply legal requirements, best correctional practices, and other 346criteria to objectively and accurately review and assess a facility's policies, procedures, 347programs, and practices for the purpose of identifying and dismantling structural racism in 348corrections, 349 (f)The correctional inspector general may redact a report for public release if, after 350consultation with the department or county, such redaction may be necessary to protect the safety 351or privacy of persons or the safe, secure, and orderly operation of correctional facilities. 352 (g)Except as provided in paragraph (f), the corrections inspector general’s reports 353shall be public, accessible through the Internet, and distributed to the media, legislature, attorney 354general, and governor. 19 of 25 355 (h)The corrections inspector general shall continue to assess and report on previously 356identified problems and the progress made in resolving them until the problems are resolved. 357These reports shall be public and accessible through the Internet. 358 Section 10. Access to records, public disclosure, reporting 359 (a)The anti-racism corrections inspector general has the right to access, inspect, and 360copy any information, records, documents, or video or audio recordings in the possession or 361control of the department or county that the anti-racism corrections inspector general considers 362necessary. No claim of restriction or privilege under state law shall limit the anti-racism 363corrections inspector general’s rights under this paragraph. The department or county shall assist 364the corrections inspector general in obtaining any necessary releases for those documents which 365are restricted or privileged under federal law. 366 (b)Following a written demand from the anti-racism corrections inspector general, 367the department or county shall provide the requested material within twenty days unless the anti- 368racism corrections inspector general consents to an extension of that time frame. Any failure to 369obey the request may be punished by imposition of fines or sanctions. Where the material 370requested by the anti-racism corrections inspector general pertain to an incarcerated person’s 371death, threats of bodily harm including, but not limited to, sexual or physical assaults, or the 372denial of necessary medical treatment, the material shall be provided within five days unless the 373anti-racism corrections inspector general consents to an extension of that time frame. 374 (c)Upon notice and request by the anti-racism corrections inspector general, a state, 375county, or municipal government agency, other than the department or a county sheriff, that has 376information, records, documents, or video or audio recordings relevant to a complaint or an 20 of 25 377investigation conducted by the anti-racism corrections inspector general shall provide the anti- 378racism corrections inspector general with access to the material not later than twenty days unless 379the anti-racism corrections inspector general consents to an extension of that time frame. 380 (d)Disclosure of any information, records, documents, or video or audio recordings 381in the possession or control of the department or county as requested by the anti-racism 382corrections inspector general shall not be released to the public. The office may release 383information from the department or county in the form of reports and other informational tools 384developed by the office in performance of his duties and responsibilities. 385 386 (e)The anti-racism corrections inspector general shall work with the department or 387county to minimize disruption to the departments or county’s operations due to the anti-racism 388corrections inspector general activities and shall comply with the department’s or county's 389security clearance processes, provided those processes do not, in the sole judgment of the anti- 390racism corrections inspector general, impede the anti-racism corrections inspector general from 391carrying out the duties and intended purpose of this office. 392 (f)The anti-racism investigations, audits and reports relating to the administration of 393the programs and operations of the department and county, and may make recommendations to 394address any identified issues as it relates to dismantling structural racism. 395 (g)At the conclusion of such investigation, the anti-racism corrections inspector 396general shall produce a public report on the outcome of the investigation, which may include any 397recommendations to the department or county. 21 of 25 398 (c)Upon request by the anti-racism corrections inspector general, the department or 399county shall, within the time specified, inform the anti-racism corrections inspector general about 400any action taken on the recommendations or the reasons for not complying with the 401recommendations and an anticipated timeline for completion. The department and county shall 402be provided with a specified time when sanctions or fines may be imposed for any failure to 403comply with the recommendations of the office. 404 (d)The anti-racism inspector general shall make public the results of its findings after 405reasonable notice to the department and county. Correctional administrators may be provided an 406opportunity to review reports and provide feedback about them to the anti-racism corrections 407inspector general before their dissemination to the public; provided, however that the release of 408the reports is not subject to approval from any entity or person outside the office nor is it 409contingent of the review of the report by the facility. 410 (e)Reports shall apply legal requirements, best correctional practices, and other 411criteria to objectively and accurately review and assess a facility's policies, procedures, 412programs, and practices; identify systemic problems and the reasons for them; and recommend 413possible solutions to those problems as it pertains to dismantling structural racism. 414 Section 11. Annual and Interim Reports. 415 (a)On or before September 15 of each year, the anti-racism inspector general shall 416provide to the Legislature, the Governor, the Attorney General, and Community Council a 417summary of reports and investigations made under the IDAREU for the preceding year. The 418summary provided shall be provided electronically. The summaries shall include 419recommendations and an update on the status of recommendations made in prior summaries, if 22 of 25 420any. The recommendations may address issues discovered through investigations, evaluations, 421surveys, inspections, reviews and other related means of performing the duties of this office that 422will (1) increase accountability and legislative oversight of Massachusetts corrections, 423 424 (2) improve operations of the department and county, (3) deter and identify structural 425racism in correction polices, practices, and regulations, and (4) identify inconsistencies between 426statutory requirements and requirements as established by this office in an effort to dismantle 427structural racism. The summaries shall not contain any confidential or identifying information 428concerning the subjects of the reports and investigations. 429 (b)Within the discretion of the anti-racism inspector general, summaries of reports, 430investigations and other job functions in the furtherance of this offices purpose shall be published 431on the office’s website and made accessible to incarcerated person quarterly. 432 Section 12. Confidentiality of correspondence, communications, investigations 433 (a)Correspondence and communication with the office is confidential and shall be 434confidential and protected as privileged correspondence in the same manner as legal 435correspondence or communication. 436 (b)The office shall establish confidentiality rules and procedures for all information 437maintained by the office. 438 (c)The anti-racism corrections inspector general, its employees and designees shall 439treat all matters under investigation, including the identities of complainants, and individuals 440from whom information is acquired, as confidential, except as far as disclosures may be 23 of 25 441necessary to enable the anti-racism corrections inspector general to perform the duties of the 442office and to support any recommendations resulting from an investigation. Upon receipt of 443information that by law is confidential or privileged, the anti-racism corrections inspector 444general shall maintain the confidentiality of such information and shall not further disclose or 445disseminate the information except as provided by applicable state or federal law or as 446authorized by this section. All records exchanged and communications between the office and 447the department or county to include the investigative record are confidential and are exempt from 448public disclosure. 449 (d)To the extent the anti-racism corrections inspector general reasonably believes 450necessary, the anti-racism corrections inspector general: 451 (1)Shall reveal information obtained in the course of providing anti-racism 452corrections inspector general services to prevent reasonably certain death or substantial bodily 453harm; and 454 (2)May reveal information obtained in the course of providing anti-racism 455corrections inspector general services to prevent the commission of a crime. 456 (e)If the anti-racism corrections inspector general believes it is necessary to reveal 457investigative records for any of the reasons outlined in subsection (d), the anti-racism corrections 458inspector general shall provide a copy of what they intend to disclose to the department or 459county. If the anti-racism corrections inspector general receives personally identifying 460information about individual corrections staff during the course of an investigation that the anti- 461racism corrections inspector general determines is unrelated or unnecessary to the subject of the 462investigation or recommendation for action, the anti-racism corrections inspector general will not 24 of 25 463further disclose such information. If the anti-racism corrections inspector general determines that 464such 465 466 disclosure is necessary to an investigation or recommendation, the anti-racism corrections 467inspector general shall notify the staff member as well as the bargaining unit representative 468before any disclosure. 469 Section 13. Prevention of retaliation 470 (a)Any person who has authority to recommend, approve, direct, or otherwise take 471or affect action against incarcerated persons or correctional employees shall not, with respect to 472such authority: 473 1) Take any action against an incarcerated person or correctional employee because 474of the disclosure of information by said person(s) to the office which the person(s) reasonably 475believes evidences wrongdoing under the office; 476 2) Take any action against an incarcerated person or correctional employee as a 477reprisal for the submission of an allegation of wrongdoing to the office by such person(s); or 478 3) Take any action against an incarcerated person or correctional employee as a 479reprisal for providing information or testimony pursuant to an investigation by the office. 480 (b)A civil action may not be brought against any employee of the office for good 481faith performance of responsibilities under this chapter. 25 of 25 482 (c)No discriminatory, disciplinary, or retaliatory action may be taken against a 483department or county employee, subcontractor, or volunteer, an incarcerated person, or a family 484member or representative of an incarcerated person for any communication made, or information 485given or disclosed, to aid the office in carrying out its responsibilities, unless the communication 486or information is made, given, or disclosed maliciously or without good faith. 487 (d) This section is not intended to infringe on the rights of an employer to supervise, 488discipline, or terminate an employee for other reasons.