MA
Massachusetts House Bill H2636

Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2636 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 1 of 1
22 HOUSE DOCKET, NO. 1752 FILED ON: 1/15/2025
33 HOUSE . . . . . . . . . . . . . . . No. 2636
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 Middlesex1/17/2025Natalie 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
1818 HOUSE DOCKET, NO. 1752 FILED ON: 1/15/2025
1919 HOUSE . . . . . . . . . . . . . . . No. 2636
2020 By Representatives Holmes of Boston and Uyterhoeven of Somerville, a petition (accompanied
2121 by bill, House, No. 2636) of Russell E. Holmes, Erika Uyterhoeven and others 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 The Commonwealth of Massachusetts
2626 _______________
2727 In the One Hundred and Ninety-Fourth General Court
2828 (2025-2026)
2929 _______________
3030 An Act creating an independent correctional oversight office to facilitate the recommendations of
3131 the special legislative commission on structural racism in correctional facilities of the
3232 Commonwealth.
3333 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3434 of the same, as follows:
3535 1 SECTION 1: FACT FINDING
3636 2 Whereas, the Special Legislative Commission on Structural Racism in Correctional
3737 3Facilities of the Commonwealth Final Report finds:
3838 4 (a)Structural racism exists within Massachusetts Corrections resulting in the
3939 5disparate treatment and impact of Black, Indigenous, and People of Color (BIPOC) including
4040 6incarcerated individuals, correctional staff and other intersecting identities including LGBTQ+,
4141 7immigrant status, language, etc.
4242 8 (b)Structural racism within Massachusetts correctional facilities manifests in four
4343 9forms: 2 of 25
4444 10 1. Institutional Racism – this form of racism includes policies, procedures and
4545 11cultural practices of Massachusetts corrections that perpetuate racial inequality. Such inequalities
4646 12are most prominent in healthcare education, access, diagnosis, and treatment; services to BIPOC
4747 13immigrants and English Language Learners; cultural and ethnic affinity group programming and
4848 14services; job and workforce development opportunities; data systems tracking staff and
4949 15incarcerated individual experiences; and the lack of transparency in budgeting and decision-
5050 16making;
5151 17 2. Systemic Racism – the joint operation of institutions (i.e. institutional
5252 18arrangements and interactions) operating within and in conjunction with Massachusetts
5353 19corrections that produce racialized outcomes, even in the absence of racist intent;
5454 20 3. Interpersonal Racism – the individual interactions of Correctional community
5555 21members, including incarcerated persons and correctional staff, within Massachusetts corrections
5656 22that result in the disparate treatment of BIPOC correctional community members, including
5757 23incarcerated persons and staff; and
5858 24 4. Internalized Racism – includes individual and community attitudes, beliefs and
5959 25prejudices about race held by Massachusetts corrections community members that result in
6060 26disparate treatment and impact of BIPOC correctional community members, including
6161 27incarcerated persons and correctional staff.
6262 28 Whereas, the Special Legislative Commission on Structural Racism in Correctional
6363 29Facilities of the Commonwealth recommends enactment of legislation mandating the creation of
6464 30a robust data systems, analysis and reporting with independent oversight to allow for the
6565 31collection and analysis of racial demographics disaggregated by age, race and ethnicity, 3 of 25
6666 32language, sex, gender identity, and sexual orientation; to track and monitor the experiences of
6767 33BIPOC correctional
6868 34
6969 35 community members in the day-to-day operations of corrections; and gauge progress
7070 36dismantling structural racism in Massachusetts Corrections.
7171 37 SECTION 2. The General Laws are hereby amended by inserting after section 15 of
7272 38chapter 12A: Office of Inspector General the following:
7373 39 Chapter XX
7474 40 INDEPENDENT CORRECTIONAL OVERSIGHT OF MATTERS RELATING TO
7575 41STRUCTURAL RACISM
7676 42 Section 1. Short Title – Correctional Oversight to End Structural Racism
7777 43 Section 2. Definitions
7878 44 As used in this chapter, unless the context otherwise indicates, the following terms have
7979 45the following meanings:
8080 46 “administrator” means a person charged with administration of a program, an office, or a
8181 47division of the department or administration of a private agency;
8282 48 “BIPOC” referring to Black, Indigenous and People of Color;
8383 49 “correctional community members” means incarcerated persons and correctional staff
8484 50who identify as Black, Indigenous Person of Color; 4 of 25
8585 51 “correctional facility”, any building, enclosure, space, structure, or vehicle used for the
8686 52custody, control and rehabilitation of committed offenders or of such other persons as may be
8787 53placed in custody therein in accordance with law regardless of whether the facility is owned,
8888 54operated, or controlled by a county sheriff or by the department of correction; provided however,
8989 55this shall not include the facilities operated by the department of youth services;
9090 56 “department” means the Massachusetts Department of Corrections
9191 57 “incarcerated person”, a committed offender or such other person as is placed in custody
9292 58in a correctional facility in accordance with law;
9393 59 “Private agency” means an entity that contracts with the department or contracts to
9494 60provide services to another entity that contracts with the department; and
9595 61 “Record” means any recording in written, audio, electronic transmission, or computer
9696 62storage form, including, but not limited to, a draft, memorandum, note, report, computer printout,
9797 63notation, or message, and includes, but is not limited to, medical records, mental health records,
9898 64case files, clinical records, financial records, and administrative records.
9999 65 Section 2: Establishment of office; appointment; removal of anti-racism correctional
100100 66inspector general
101101 67
102102 68 There is hereby established an anti-racism division of the office of inspector general, the
103103 69Inclusion, Diversity, Anti-Racism, and Equity Unit, hereinafter called IDAREU.
104104 70 There shall be in said office an anti-racism corrections inspector general, who shall be the
105105 71administrative head of said office and shall devote full-time to the duties of the office. The anti- 5 of 25
106106 72racism corrections inspector general shall be appointed by a majority vote of the attorney
107107 73general, the state auditor and the chair of the Black and Latino caucus and confirmed by a
108108 74majority vote of the community council.
109109 75 Any person appointed to the position of anti-racism corrections inspector general shall be
110110 76selected without regard to political affiliation and solely on the basis of integrity and knowledge
111111 77of restorative justice, offender rehabilitation, expertise in the area of structural racism including
112112 78experience designing and implementing anti-racist strategies, tools, and materials and
113113 79demonstrate ability in statistics, law, management, public administration, investigation, criminal
114114 80justice administration or other closely related fields.
115115 81 Any person so appointed shall be a civilian and shall not have been or have any
116116 82immediate family members who were previously employed in the department of correction,
117117 83employed in any county sheriff office, or served as a sheriff. Any person so appointed shall be a
118118 84resident of the commonwealth within 90 days of appointment and shall not: (i) hold, or be a
119119 85candidate for, federal, state or local elected office; (ii) hold an appointed office in a federal, state,
120120 86or local government; or (iii) serve as an official in a political party.
121121 87 The anti-racism correctional inspector general shall serve for a term of five years. In case
122122 88of a vacancy in the position of anti-racism correctional inspector general, his or her successor
123123 89shall be appointed in the same manner for the unexpired term. No person shall be appointed for
124124 90more than two five-year terms. Appointing authorities shall make due efforts to assure that
125125 91BIPOC persons and impacted community members have notice when the anti-racism corrections
126126 92inspector general position is vacant. 6 of 25
127127 93 The person so appointed may be removed from office, but only for just cause, by a
128128 94majority vote of the attorney general, the state auditor, the chair of the Black and Latino caucus
129129 95and by quorum of members of the community council. Such cause may include substantial
130130 96neglect of duty, gross misconduct or conviction of a crime. The reasons for removal of the anti-
131131 97racism corrections inspector general shall be stated in writing. Such writing shall be sent to the
132132 98clerk of the senate, the clerk of the house of representatives and to the attorney general at the
133133 99time of the removal and shall be deemed to be a public document.
134134 100 Section 3. Anti-racism corrections inspector general community council; establishment
135135 101There shall be an anti-racism corrections inspector general community council. Council
136136 102appointments shall be made before the appointment of the anti-racism corrections inspector
137137 103general.
138138 104 The council shall consist of nine members including the attorney general or a designee,
139139 105the state auditor or a designee, an attorney designee of Prisoners’ Legal Services of
140140 106Massachusetts,
141141 107
142142 108 one member shall be appointed by the speaker of the house of representatives, one
143143 109member shall be appointed by the president of the senate, one member shall be appointed by the
144144 110judiciary committee, one member shall be appointed by the women’s committee and two
145145 111members shall be appointed by the Black and Latino caucus. Additionally, the council may
146146 112designate five additional members to expand its expertise.
147147 113 At least one member of the council shall be an immediate family member of an
148148 114incarcerated person serving in a department correctional facility at the time of their appointment; 7 of 25
149149 115at least one additional member shall be an immediate family member of an incarcerated person
150150 116who served in a county correctional facility within the last five years at the time of their
151151 117appointment; at least one additional member shall be a formerly incarcerated person who served
152152 118in a department correctional facility within the last five years at the time of their appointment; at
153153 119least one additional member shall be a formerly incarcerated person who served in a county
154154 120correctional facility within the last five years at the time of their appointment.
155155 121 Any person so appointed shall not have been or have any immediate family members
156156 122who were previously employed in the department of correction, employed in any county sheriff
157157 123office, or served as a sheriff. Any person so appointed shall not: (i) hold, or be a candidate for,
158158 124federal, state or local elected office; (ii) hold an appointed office in a federal, state, or local
159159 125government; or (iii) serve as an official in a political party.
160160 126 At least six community council members shall be directly impacted by structural racism.
161161 127 Appointing authorities shall make due effort to assure BIPOC populations have notice
162162 128when council positions are vacant.
163163 129 The appointive members shall serve for a term of five years and shall be compensated for
164164 130work performed for the anti-racism corrections inspector general council at such rate as the
165165 131secretary of administration shall determine and shall be reimbursed for expenses necessarily
166166 132incurred in the performance of their duties. The anti-racism corrections inspector general shall
167167 133meet with the council at least quarterly and may consult or request the assistance of members of
168168 134the anti- racism community council with respect to the duties and responsibilities of the office.
169169 135 Section 4. Employees, partisan activity, funding 8 of 25
170170 136 The anti-racism corrections inspector general may, subject to appropriation, appoint and
171171 137may remove such employees, as he deems necessary to perform the duties of his office.
172172 138 With the exception of the attorney general, and the state auditor, no member of the anti-
173173 139racism corrections inspector general council or officer or employee of IDAREU shall hold, or be
174174 140a candidate for, any elective public office while an officer or employee, or for three years
175175 141thereafter, nor shall he hold office in any political party or political committee, or participate in
176176 142any political campaign of any candidate for public office while an officer or employee.
177177 143
178178 144 The anti-racism inspector general, with the advice and consent of the inspector general
179179 145and the anti-racism corrections community council may apply for and receive federal funds in
180180 146order to fulfill the duties and responsibilities of the office.
181181 147 Section 5: Purpose
182182 148 IDAREU shall act to dismantle structural racism and ensure the equitable treatment of all
183183 149prisoners and correctional staff in the day-to-day operations of Massachusetts corrections by
184184 150assuring accountability, transparency and compliance with anti-racism standards as established
185185 151by the office.
186186 152 Section 6: Duties
187187 153 (a)The anti-racist corrections inspector general may investigate, inspect, examine,
188188 154review, or otherwise assess any aspect of corrections facilities or systems as it relates to the day-
189189 155to-day operations or conditions including, but not limited to:
190190 156 1) canteen, inmate benefit funds and disbursements; 9 of 25
191191 157 2) searches including cell searches, pat searches, strip or bodily searches;
192192 158 3) classification;
193193 159 4) covid-19;
194194 160 5) educational, vocational and other programming;
195195 161 6) institutional employment and re-instatement of employment upon discipline;
196196 162 7) gang designation;
197197 163 8) staff recruitment, training, supervision, and discipline;
198198 164 9) food services;
199199 165 10)inmate funds;
200200 166 11)mail distribution and dissemination;
201201 167 12)incarcerated person deaths, injuries, or harassment;
202202 168 13)housing
203203 169 14)incidents of assault, battery, or sexual misconduct;
204204 170 15)medical or mental health care, including care provided to incarcerated persons by
205205 171third parties;
206206 172 16)violence among incarcerated persons;
207207 173 17)conditions of confinement;
208208 174 18)incarcerated person disciplinary processes; 10 of 25
209209 175 19)incarcerated person grievance processes;
210210 176 20)substance use disorder treatment;
211211 177 21)family visitation and communication practices;
212212 178 22)rehabilitation, reentry, and integration practices;
213213 179 23)Misidentification;
214214 180 24)personal property;
215215 181 25)re-entry Services; and
216216 182 26)use of force.
217217 183
218218 184 (b)The anti-racism corrections inspector general shall review legislation and
219219 185regulations relating to programs and operations of corrections and shall make recommendations
220220 186concerning the effect of such legislation or regulation in an effort to dismantle structural racism.
221221 187 (c)The anti-racism corrections inspector general may utilize resources necessary to
222222 188effectively perform its duties, including but not limited to, conducting interviews with
223223 189incarcerated community member(s) without molestation from the department or county, and
224224 190utilizing such tools as surveys, documents, records, reports, statistics, studies, etc. to develop and
225225 191implement minimum anti-racism standards and policies in corrections.
226226 192 (d)The anti-racism corrections inspector general shall conduct a comprehensive
227227 193review of all correction records and data collection processes for the purpose of establishing and 11 of 25
228228 194implementing a statewide uniform racial data collection system. The data collected shall be
229229 195disaggregated by age, race, ethnicity, language, sex, gender identity, and sexual orientation.
230230 196IDAREU shall determine areas in which race data is collected; such areas shall include but not
231231 197be limited to those areas listed above in Section 6(a). Such data shall be used to track and
232232 198monitor the day-to-day operations of the department and county and to alleviate the adverse
233233 199impact of structural racism and ensure correctional compliance with applicable laws, regulations
234234 200and policies as related to the health, safety, welfare, and rehabilitation of incarcerated persons.
235235 201The review shall include an initial, comprehensive review of the DOCs software and systems
236236 202used to collect data. All data shall be collected retroactively, at least 10 years prior.
237237 203 (e)The anti-racism corrections inspector general shall investigate thoroughly and
238238 204completely, all grievances and complaints alleging disparate treatment or impact of BIPOC
239239 205correctional community members. Such investigations shall be performed independently without
240240 206regard for department and county processes or findings.
241241 207 (f)The anti-racism corrections inspector general shall regularly confer with the anti-
242242 208racism corrections inspector general community council and its designees for input into the
243243 209office’s activities and priorities. Additional input shall be sought from impacted community
244244 210members at large, which shall include a minimum quarterly public meeting.
245245 211 (g)The anti-racism inspector general shall work to identify other state agencies
246246 212responsible for investigating, auditing, reviewing, or evaluating the management and operation
247247 213of state agencies, and coordinate with these agencies to share information in the furtherance of
248248 214this office’s duties. 12 of 25
249249 215 (h)The anti-racism corrections inspector general shall maintain, monitor, and provide
250250 216a system of response for a statewide toll-free telephone number, a collect telephone number, a
251251 217website, and a mailing address for the receipt of grievances, complaints and inquiries relating to
252252 218structural racism in corrections.
253253 219 (i)The anti-racism corrections inspector general shall provide, information to
254254 220incarcerated persons, representatives of incarcerated persons, agencies working with incarcerated
255255 221persons, impacted family members, and department and county staff, as it relates to the duties
256256 222and functions of the offices
257257 223 (j)The anti-racism corrections inspector general may identify and implement ways in
258258 224which management functions can better assist in the performance of the duties and functions of
259259 225the office.
260260 226 Section 7. Powers and enforcement, access to facilities
261261 227 (a)The office shall be independent of any supervision or control by any executive
262262 228agency.
263263 229 (b)The office shall have all powers necessary or convenient to carry out and
264264 230effectuate its purposes, including, but not limited to, the power to:
265265 231 1) Survey all prisoners housed in the department and county to establish baseline
266266 232racial data, including surveying incarcerated persons to allow for an independent assessment of
267267 233the racial make-up and other identities of incarcerated persons;
268268 234 2) Initiate and conduct investigations to carry out and effectuate its purpose; 13 of 25
269269 235 3) Identify systemic issues and responses relating to dismantling structural racism in
270270 236corrections upon which the department and county shall implement;
271271 237 4) Identify systemic issues and responses relating to dismantling structural racism in
272272 238corrections upon which the Governor, Legislature, Attorney General or other authorities as
273273 239identified by the office shall act;
274274 240 5) Recommend and facilitate the implementation of minimum statewide anti-racism
275275 241standards for correctional operations;
276276 242 6) Hire and employ staff to perform duties and exercise the same powers as the anti-
277277 243racism corrections inspector general;
278278 244 7) Ensure compliance with relevant statutes, rules, regulations, and policies
279279 245concerning corrections facilities, services, and treatment of incarcerated persons under the
280280 246jurisdiction of the department and within each county;
281281 247 8) Hire and employ staff or otherwise appoint designees to perform duties and
282282 248exercise the same powers as the anti-racism corrections inspector general;
283283 249 9) Enter into agreements or other transactions with a person, including, but not
284284 250limited to, a public entity or other governmental instrumentality or authority in connection with
285285 251its powers and duties of this office;
286286 252 10)Execute all instruments necessary or convenient for accomplishing the intended
287287 253purpose of this office; 14 of 25
288288 254 11)Enter into agreements or other transactions with a person, including, but not
289289 255limited to, a public entity or other governmental instrumentality or authority in connection with
290290 256the powers and duties of this office;
291291 257 12)Appear on its own behalf before boards, commissions, departments or other
292292 258agencies of municipal, state or federal government;
293293 259 13)Apply for and accept subventions, grants, loans, advances and contributions of
294294 260money, property, labor or other things of value from any source, to be held, used and applied for
295295 261its purposes; and
296296 262 14)Provide and pay for advisory services and technical assistance as may be
297297 263necessary in its judgment to carry out this chapter and fix the compensation of persons providing
298298 264such services or assistance.
299299 265
300300 266 (c)The anti-racism corrections inspector general, its employees, designee or
301301 267organizational member(s) of the community council working in furtherance of the office’s
302302 268intended purposes may enter any part or all of any place where prisoners in this state are kept and
303303 269shall be immediately admitted to such place as they desire.
304304 270 (d)The anti-racism corrections inspector general, its employees, designee or
305305 271organizational member(s) of the community council working in furtherance of the office’s
306306 272intended purposes may consult and confer with any prisoner(s), department and county
307307 273employees, privately and confidentially without molestation. Such communications may be both
308308 274formal and informal, in person, by video conference, by phone, and by mail. 15 of 25
309309 275 (e)The anti-racism corrections inspector general shall be authorized to hold public
310310 276hearings, to subpoena witnesses and documents, and to require that witnesses testify under oath.
311311 277 (f)The anti-racism corrections inspector general may make referrals to any other
312312 278civil or criminal enforcement authority as it may see fit.
313313 279 (g)Failure of the department or county to cooperate or otherwise interfere with the
314314 280performance of the duties of this office shall result in sanctions, fines or demotion. The office,
315315 281for just cause, may impose fines, demote correctional administrators and staff, or otherwise limit
316316 282correctional staff interactions with incarcerated persons and their property until such time
317317 283deemed necessary by the office. All determinations shall be made in writing and subject to
318318 284appeal and corrective action by the department or county within 90 days. The department or
319319 285county shall respond in writing to the determination to impose fines, sanctions or demotion of
320320 286staff within 30 days of the decision. Failure to respond shall make null and void the opportunity
321321 287for appeal by the department or county.
322322 288 Section 8. Division of the corrections ombuds.
323323 289 (a)There shall be within the office a division of the anti-racism corrections ombuds,
324324 290which is responsible for receiving and reviewing individual complaints.
325325 291 (b)The division shall remain neutral and impartial and shall not act as an advocate
326326 292for the complainant or for the department or county.
327327 293 (c)The division may receive complaints from incarcerated persons, family members
328328 294of incarcerated persons, representatives of incarcerated persons, department or county 16 of 25
329329 295employees, or any other source, regarding the disparate treatment and impact of structural
330330 296racism.
331331 297 (d)A person shall file a complaint without regard for the internal grievance,
332332 298administrative, or appellate procedures within the department or county. Such investigation may
333333 299be performed simultaneously to the internal processes of the department or county and shall not
334334 300be intended to substitute those internal processes.
335335 301 (e)The division, in its discretion, may decline to investigate any complaint.
336336 302 (f)If the division declines to investigate a complaint, the division shall notify the
337337 303complainant in writing of the decision not to investigate and the reasons for the decision.
338338 304
339339 305 (g)If the division decides to investigate a complaint, the division shall communicate
340340 306in writing the outcome to the incarcerated person or complainant, if any, and to the department or
341341 307county.
342342 308 (h)The division may not investigate any complaints relating to an incarcerated
343343 309person’s underlying criminal conviction.
344344 310 (i)The division may not investigate a complaint from a department or county
345345 311employee that relates to the employee's employment relationship with the department or county,
346346 312unless the complaint is related to the duties and functions of this office.
347347 313 (j)The division may refer complainants and others to appropriate resources,
348348 314agencies, or departments, including to appropriate law enforcement authorities. 17 of 25
349349 315 (k)The division may not levy any fees for the submission or investigation of
350350 316complaints.
351351 317 (l)The division shall monthly publish an anonymized report summarizing each
352352 318complaint received and the resolution of the complaint. The report shall include the facility to
353353 319which each complaint pertained. The data collected shall be disaggregated by age, race,
354354 320ethnicity, language, sex, gender identity, and sexual orientation.
355355 321 (m)The department and each county shall report all internal complaints received
356356 322through its internal grievance process to the division on a weekly basis.
357357 323 Section 9. Public disclosure following an investigation or inspection.
358358 324 (a)At the conclusion of an investigation or inspection, the corrections inspector
359359 325general shall produce a public report on the outcome of the investigation, which shall include any
360360 326recommendations to the department or county deemed necessary by the correctional inspector
361361 327general, except that the documents supporting the report are subject to the confidentiality
362362 328provisions of section 12.
363363 329 (b)If the corrections inspector general believes that there has been or continues to be
364364 330a significant threat to the health, safety, welfare, or rehabilitation of incarcerated persons, the
365365 331corrections inspector general shall promptly report the finding to the governor and the
366366 332appropriate committees of the legislature.
367367 333 (c)The anti-racism corrections inspector general may request to be notified by the
368368 334department, within a specified time, of any action taken on any recommendation presented. 18 of 25
369369 335Failure of the department or county to comply with this office’s recommendations may result in
370370 336fines or other penalties.
371371 337 (d)) The department or county shall, within thirty days, respond in writing about any
372372 338action taken on the recommendation or any additional action the department or county will take.
373373 339This written response shall include timelines for implementation. If the department or county
374374 340disputes the findings or recommendation, the department or county shall, within thirty days,
375375 341respond in writing with the reasons for not complying with the recommendation. This written
376376 342response shall be public, accessible through the Internet, and distributed to the media, legislature,
377377 343attorney general, and governor.
378378 344
379379 345 (e)Reports shall apply legal requirements, best correctional practices, and other
380380 346criteria to objectively and accurately review and assess a facility's policies, procedures,
381381 347programs, and practices for the purpose of identifying and dismantling structural racism in
382382 348corrections,
383383 349 (f)The correctional inspector general may redact a report for public release if, after
384384 350consultation with the department or county, such redaction may be necessary to protect the safety
385385 351or privacy of persons or the safe, secure, and orderly operation of correctional facilities.
386386 352 (g)Except as provided in paragraph (f), the corrections inspector general’s reports
387387 353shall be public, accessible through the Internet, and distributed to the media, legislature, attorney
388388 354general, and governor. 19 of 25
389389 355 (h)The corrections inspector general shall continue to assess and report on previously
390390 356identified problems and the progress made in resolving them until the problems are resolved.
391391 357These reports shall be public and accessible through the Internet.
392392 358 Section 10. Access to records, public disclosure, reporting
393393 359 (a)The anti-racism corrections inspector general has the right to access, inspect, and
394394 360copy any information, records, documents, or video or audio recordings in the possession or
395395 361control of the department or county that the anti-racism corrections inspector general considers
396396 362necessary. No claim of restriction or privilege under state law shall limit the anti-racism
397397 363corrections inspector general’s rights under this paragraph. The department or county shall assist
398398 364the corrections inspector general in obtaining any necessary releases for those documents which
399399 365are restricted or privileged under federal law.
400400 366 (b)Following a written demand from the anti-racism corrections inspector general,
401401 367the department or county shall provide the requested material within twenty days unless the anti-
402402 368racism corrections inspector general consents to an extension of that time frame. Any failure to
403403 369obey the request may be punished by imposition of fines or sanctions. Where the material
404404 370requested by the anti-racism corrections inspector general pertain to an incarcerated person’s
405405 371death, threats of bodily harm including, but not limited to, sexual or physical assaults, or the
406406 372denial of necessary medical treatment, the material shall be provided within five days unless the
407407 373anti-racism corrections inspector general consents to an extension of that time frame.
408408 374 (c)Upon notice and request by the anti-racism corrections inspector general, a state,
409409 375county, or municipal government agency, other than the department or a county sheriff, that has
410410 376information, records, documents, or video or audio recordings relevant to a complaint or an 20 of 25
411411 377investigation conducted by the anti-racism corrections inspector general shall provide the anti-
412412 378racism corrections inspector general with access to the material not later than twenty days unless
413413 379the anti-racism corrections inspector general consents to an extension of that time frame.
414414 380 (d)Disclosure of any information, records, documents, or video or audio recordings
415415 381in the possession or control of the department or county as requested by the anti-racism
416416 382corrections inspector general shall not be released to the public. The office may release
417417 383information from the department or county in the form of reports and other informational tools
418418 384developed by the office in performance of his duties and responsibilities.
419419 385
420420 386 (e)The anti-racism corrections inspector general shall work with the department or
421421 387county to minimize disruption to the departments or county’s operations due to the anti-racism
422422 388corrections inspector general activities and shall comply with the department’s or county's
423423 389security clearance processes, provided those processes do not, in the sole judgment of the anti-
424424 390racism corrections inspector general, impede the anti-racism corrections inspector general from
425425 391carrying out the duties and intended purpose of this office.
426426 392 (f)The anti-racism investigations, audits and reports relating to the administration of
427427 393the programs and operations of the department and county, and may make recommendations to
428428 394address any identified issues as it relates to dismantling structural racism.
429429 395 (g)At the conclusion of such investigation, the anti-racism corrections inspector
430430 396general shall produce a public report on the outcome of the investigation, which may include any
431431 397recommendations to the department or county. 21 of 25
432432 398 (c)Upon request by the anti-racism corrections inspector general, the department or
433433 399county shall, within the time specified, inform the anti-racism corrections inspector general about
434434 400any action taken on the recommendations or the reasons for not complying with the
435435 401recommendations and an anticipated timeline for completion. The department and county shall
436436 402be provided with a specified time when sanctions or fines may be imposed for any failure to
437437 403comply with the recommendations of the office.
438438 404 (d)The anti-racism inspector general shall make public the results of its findings after
439439 405reasonable notice to the department and county. Correctional administrators may be provided an
440440 406opportunity to review reports and provide feedback about them to the anti-racism corrections
441441 407inspector general before their dissemination to the public; provided, however that the release of
442442 408the reports is not subject to approval from any entity or person outside the office nor is it
443443 409contingent of the review of the report by the facility.
444444 410 (e)Reports shall apply legal requirements, best correctional practices, and other
445445 411criteria to objectively and accurately review and assess a facility's policies, procedures,
446446 412programs, and practices; identify systemic problems and the reasons for them; and recommend
447447 413possible solutions to those problems as it pertains to dismantling structural racism.
448448 414 Section 11. Annual and Interim Reports.
449449 415 (a)On or before September 15 of each year, the anti-racism inspector general shall
450450 416provide to the Legislature, the Governor, the Attorney General, and Community Council a
451451 417summary of reports and investigations made under the IDAREU for the preceding year. The
452452 418summary provided shall be provided electronically. The summaries shall include
453453 419recommendations and an update on the status of recommendations made in prior summaries, if 22 of 25
454454 420any. The recommendations may address issues discovered through investigations, evaluations,
455455 421surveys, inspections, reviews and other related means of performing the duties of this office that
456456 422will (1) increase accountability and legislative oversight of Massachusetts corrections,
457457 423
458458 424 (2) improve operations of the department and county, (3) deter and identify structural
459459 425racism in correction polices, practices, and regulations, and (4) identify inconsistencies between
460460 426statutory requirements and requirements as established by this office in an effort to dismantle
461461 427structural racism. The summaries shall not contain any confidential or identifying information
462462 428concerning the subjects of the reports and investigations.
463463 429 (b)Within the discretion of the anti-racism inspector general, summaries of reports,
464464 430investigations and other job functions in the furtherance of this offices purpose shall be published
465465 431on the office’s website and made accessible to incarcerated person quarterly.
466466 432 Section 12. Confidentiality of correspondence, communications, investigations
467467 433 (a)Correspondence and communication with the office is confidential and shall be
468468 434confidential and protected as privileged correspondence in the same manner as legal
469469 435correspondence or communication.
470470 436 (b)The office shall establish confidentiality rules and procedures for all information
471471 437maintained by the office.
472472 438 (c)The anti-racism corrections inspector general, its employees and designees shall
473473 439treat all matters under investigation, including the identities of complainants, and individuals
474474 440from whom information is acquired, as confidential, except as far as disclosures may be 23 of 25
475475 441necessary to enable the anti-racism corrections inspector general to perform the duties of the
476476 442office and to support any recommendations resulting from an investigation. Upon receipt of
477477 443information that by law is confidential or privileged, the anti-racism corrections inspector
478478 444general shall maintain the confidentiality of such information and shall not further disclose or
479479 445disseminate the information except as provided by applicable state or federal law or as
480480 446authorized by this section. All records exchanged and communications between the office and
481481 447the department or county to include the investigative record are confidential and are exempt from
482482 448public disclosure.
483483 449 (d)To the extent the anti-racism corrections inspector general reasonably believes
484484 450necessary, the anti-racism corrections inspector general:
485485 451 (1)Shall reveal information obtained in the course of providing anti-racism
486486 452corrections inspector general services to prevent reasonably certain death or substantial bodily
487487 453harm; and
488488 454 (2)May reveal information obtained in the course of providing anti-racism
489489 455corrections inspector general services to prevent the commission of a crime.
490490 456 (e)If the anti-racism corrections inspector general believes it is necessary to reveal
491491 457investigative records for any of the reasons outlined in subsection (d), the anti-racism corrections
492492 458inspector general shall provide a copy of what they intend to disclose to the department or
493493 459county. If the anti-racism corrections inspector general receives personally identifying
494494 460information about individual corrections staff during the course of an investigation that the anti-
495495 461racism corrections inspector general determines is unrelated or unnecessary to the subject of the
496496 462investigation or recommendation for action, the anti-racism corrections inspector general will not 24 of 25
497497 463further disclose such information. If the anti-racism corrections inspector general determines that
498498 464such
499499 465
500500 466 disclosure is necessary to an investigation or recommendation, the anti-racism corrections
501501 467inspector general shall notify the staff member as well as the bargaining unit representative
502502 468before any disclosure.
503503 469 Section 13. Prevention of retaliation
504504 470 (a)Any person who has authority to recommend, approve, direct, or otherwise take
505505 471or affect action against incarcerated persons or correctional employees shall not, with respect to
506506 472such authority:
507507 473 1) Take any action against an incarcerated person or correctional employee because
508508 474of the disclosure of information by said person(s) to the office which the person(s) reasonably
509509 475believes evidences wrongdoing under the office;
510510 476 2) Take any action against an incarcerated person or correctional employee as a
511511 477reprisal for the submission of an allegation of wrongdoing to the office by such person(s); or
512512 478 3) Take any action against an incarcerated person or correctional employee as a
513513 479reprisal for providing information or testimony pursuant to an investigation by the office.
514514 480 (b)A civil action may not be brought against any employee of the office for good
515515 481faith performance of responsibilities under this chapter. 25 of 25
516516 482 (c)No discriminatory, disciplinary, or retaliatory action may be taken against a
517517 483department or county employee, subcontractor, or volunteer, an incarcerated person, or a family
518518 484member or representative of an incarcerated person for any communication made, or information
519519 485given or disclosed, to aid the office in carrying out its responsibilities, unless the communication
520520 486or information is made, given, or disclosed maliciously or without good faith.
521521 487 (d) This section is not intended to infringe on the rights of an employer to supervise,
522522 488discipline, or terminate an employee for other reasons.