Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2656 Compare Versions

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

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2	2	HOUSE DOCKET, NO. 1910 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2656
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jack Patrick Lewis and Samantha Montaño
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to promote rehabilitation including guaranteed health, treatment, and safety for
13	13	incarcerated LGBTQI+ People.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Jack Patrick Lewis7th Middlesex1/15/2025Samantha Montaño15th Suffolk1/15/2025Lindsay N. Sabadosa1st Hampshire1/17/2025 1 of 9
17	17	HOUSE DOCKET, NO. 1910 FILED ON: 1/15/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 2656
19	19	By Representatives Lewis of Framingham and Montaño of Boston, a petition (accompanied by
20	20	bill, House, No. 2656) of Jack Patrick Lewis, Samantha Montaño and Lindsay N. Sabadosa for
21	21	legislation to promote rehabilitation including guaranteed health, treatment and safety for
22	22	incarcerated LGBTQI+ persons. Public Safety and Homeland Security.
23	23	[SIMILAR MATTER FILED IN PREVIOUS SESSION
24	24	SEE HOUSE, NO. 2357 OF 2023-2024.]
25	25	The Commonwealth of Massachusetts
26	26	_______________
27	27	In the One Hundred and Ninety-Fourth General Court
28	28	(2025-2026)
29	29	_______________
30	30	An Act to promote rehabilitation including guaranteed health, treatment, and safety for
31	31	incarcerated LGBTQI+ People.
32	32	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
33	33	of the same, as follows:
34	34	1 SECTION 1. Section 13 of chapter 125 of the General Laws is hereby amended by
35	35	2adding the following paragraph:-
36	36	3 The superintendent of each state correctional facility and administrator of each county
37	37	4correctional facility shall designate 1 staff member as the LGBTQI+ coordinator. The LGBTQI+
38	38	5coordinator shall:
39	39	6 (i) ensure compliance with housing compatibility standards;
40	40	7 (ii) coordinate education, employment, and program placement for incarcerated persons
41	41	8who are LGBTQI+, as defined in section 1 of chapter 127; 2 of 9
42	42	9 (iii) support self-facilitated LGBTQI+ groups and leisure activities as defined in section
43	43	1032C;
44	44	11 (iv) after consulting with incarcerated persons, ensure at least one periodical is available
45	45	12in each institutional library pertaining to living well with HIV and at least one periodical
46	46	13pertaining to the LGBTQI+ community, and
47	47	14 (v) perform other necessary responsibilities. The LGBTQI+ coordinator shall be a
48	48	15Correctional Program Officer employed by the Massachusetts Department of Correction or a
49	49	16licensed clinical social worker in houses of correction.
50	50	17 SECTION 2. Section 1 of chapter 127 of the General Laws, and section 1 of chapter 125
51	51	18as so appearing, is hereby amended by inserting the following definitions:-
52	52	19 “LGBTQI+”, lesbian, gay, bisexual, transgender, queer, intersex or not conforming to a
53	53	20specific gender identity or sexual orientation.
54	54	21 "General Population", any housing placement where an incarcerated person is not held in
55	55	22restrictive housing. In no event shall any general population unit have conditions that are similar
56	56	23to or more restrictive than restrictive housing. General population conditions shall ensure an
57	57	24incarcerated person’s reasonable access to: out of cell time; programming, education, the yard,
58	58	25gym, and other recreational spaces; the law library; religious services; canteen; all personal
59	59	26property; visitation, including both the total available visitation time and the opportunity for
60	60	27contact visits; telephones and video visits; opportunities to earn a wage, and opportunities to earn
61	61	28good time, as available in the facility. All such access shall be maximized as much as possible.
62	62	29 “Incarcerated Person”, inmate, prisoner, or detainee.  3 of 9
63	63	30 “Consensual”, free from fraud, force, or coercion; provided, however, that any sexual
64	64	31contact or relations between correctional officers and incarcerated persons shall not be deemed
65	65	32consensual.
66	66	33 SECTION 3. Said chapter 127, as so appearing, is hereby amended by inserting after
67	67	34section 21 the following section:-
68	68	35 Section 21A. Upon intake at a correctional facility, each incarcerated person shall be
69	69	36provided an opportunity to voluntarily disclose their sexual orientation and gender identity,
70	70	37provided further that an incarcerated person may also disclose this information at any time
71	71	38during their incarceration. The correctional facility shall document the information which shall
72	72	39be made available to the LGBTQI+ coordinator, staff persons who use the information for
73	73	40classification purposes and any other purpose related to implementing the National Standards to
74	74	41Prevent, Detect, and Respond to Prison Rape Under the Prison Rape Elimination Act (PREA),
75	75	42and any other staff persons designated by the commissioner of correction or sheriff; provided,
76	76	43however, that the commissioner and sheriffs shall minimize access to sensitive information.
77	77	44Aggregated data on the number of incarcerated persons who voluntarily disclosed their sexual
78	78	45orientation and gender identity shall be made publicly available on an annual basis for each
79	79	46correctional facility; provided, however, that the report shall not include any personally
80	80	47identifiable information.
81	81	48 SECTION 4. Section 22 of said chapter 127, as so appearing, is hereby amended by
82	82	49adding the following paragraph:-
83	83	50 Upon intake at a correctional facility, each incarcerated person shall be provided an
84	84	51opportunity to voluntarily disclose personally held homophobic or transphobic sentiments, 4 of 9
85	85	52provided further that the incarcerated person may also disclose this information at any time
86	86	53during their incarceration. The correctional facility shall document the information, whether it is
87	87	54provided by the incarcerated person or observed by facility staff at any time. Anyone who
88	88	55discloses, is reasonably believed to harbor, or demonstrates behavior consistent with
89	89	56homophobic or transphobic sentiments shall not be housed in the same cell as someone who
90	90	57identifies as LGBTQI+ or who may be perceived as LGBTQI+; provided that no person shall be
91	91	58punished for disclosure or nondisclosure of such information. Information obtained consistent
92	92	59with this section shall not be shared with the Department of Probation or the Parole
93	93	60Board.  Aggregated data on the number of incarcerated persons who disclose, are reasonably
94	94	61believed to harbor, or demonstrate behavior consistent with homophobic or transphobic
95	95	62sentiments shall be made publicly available on an annual basis for each correctional facility;
96	96	63provided, however, that the report shall not include any personally identifiable information.
97	97	64 SECTION 5. Said chapter 127, as so appearing, is hereby amended by inserting after
98	98	65section 32A the following 3 sections:-
99	99	66 Section 32B. For the purposes of this section, the term “superintendent” shall mean the
100	100	67superintendent of each state correctional facility and administrator of each county correctional
101	101	68facility.
102	102	69 Each correctional facility shall make publicly available on their websites anonymized
103	103	70data, aggregated annually, no later than June 30, that is required by Standard 115.87 of the
104	104	71National Standards to Prevent, Detect, and Respond to Prison Rape Under the Prison Rape
105	105	72Elimination Act, 28 C.F.R. Part 115, promulgated pursuant to the federal Prison Rape 5 of 9
106	106	73Elimination Act of 2003, codified in 34 U.S.C. §§ 30301 to 30309, inclusive, hereinafter the
107	107	74PREA Standards, publicly available on their website.
108	108	75 For each PREA investigation conducted, the correctional facility shall make publicly
109	109	76available on their website the factual basis for each PREA investigation, including, but not
110	110	77limited to, whether it was initiated by staff, an incarcerated person, or a third party; a detailed
111	111	78description of the alleged incident, whether the investigated behavior was consensual, and the
112	112	79general location of the alleged incident, evidence relied upon to determine final investigatory
113	113	80outcomes, and any actions taken to respond to the allegation.
114	114	81 Furthermore, the department will report on the race, age, disability status, sexual
115	115	82orientation, and gender identity of incarcerated persons involved delineated by whether they
116	116	83were a victim, perpetrator, or consensual party to said investigation; provided however, that the
117	117	84detailed description of the complaint shall not include any personally identifiable information of
118	118	85incarcerated persons.
119	119	86 Annually, each correctional facility shall make publicly available on their website the
120	120	87incident-based data that would be necessary to answer all questions from the most recent version
121	121	88of the Survey of Sexual Violence conducted by the Department of Justice; provided, however,
122	122	89that the data shall not include any personally identifiable information of incarcerated persons. All
123	123	90formal or informal institutional grievances and federal Americans With Disabilities Act requests
124	124	91related to sexual abuse or the general wellbeing of LGBTQI+ persons and those living with
125	125	92HIV shall be redacted and made publicly available on each correctional facility’s website.
126	126	93 Section 32C. (a) Notwithstanding any general law or special law to the contrary, the state
127	127	94auditor shall be provided with access to all PREA-related records, including, but not limited to, 6 of 9
128	128	95all information contained in each facility’s PREA database and any information provided to any
129	129	96PREA auditor before, during or after a PREA audit, including documents or records reviewed
130	130	97on-site. The state auditor shall also be provided access to all state prisons and houses of
131	131	98correction in the commonwealth and shall be allowed to privately interview incarcerated people,
132	132	99and staff to the extent practicable. (b) The state auditor shall prepare an annual report, produced
133	133	100not later than February 1, analyzing risk factors and systemic issues regarding sexual abuse in
134	134	101state prisons and houses of correction, as well as specific recommendations to improve
135	135	102outcomes. The state auditor shall submit its annual report to the governor, the attorney general
136	136	103and the joint committee on the judiciary, and the report shall be publicly available.
137	137	104 Section 32D.  Each correctional facility shall provide meaningful opportunities for
138	138	105LGBTQI+ incarcerated persons to:
139	139	106 (i) congregate;
140	140	107 (ii) form and self-facilitate self-help or support groups;
141	141	108 (iii) receive LGBTQI+ themed literature in the institutional library, including one
142	142	109commonly read periodical about living well with HIV and one commonly read periodical about
143	143	110the LGBTQI+ community; (iv) watch LGBTQI+ movies free of charge; and
144	144	111 (v) celebrate June as Pride month. Provided further, each correctional facility shall allow
145	145	112visitors to participate in subsection (ii) and subsection (v).
146	146	113 Section 39A of said chapter 127, as so appearing, is hereby amended by striking out
147	147	114subsection (c) and inserting in place thereof the following subsection:- 7 of 9
148	148	115 SECTION 6. Section 38F of said chapter 127, as so appearing, is hereby amended by
149	149	116striking out Section 38F and inserting in place thereof the following:-
150	150	117 Section 38F. An incarcerated person shall not file any claim that may be the subject of a
151	151	118grievance under section 38E unless the incarcerated person has exhausted the administrative
152	152	119remedy established pursuant to said section 38E; but the court shall consider such claim if a final
153	153	120administrative resolution of a grievance filed pursuant to said section 38E has not been decided
154	154	121within 180 days from the date of filing such a grievance, or if the incarcerated person can
155	155	122demonstrate to the court that exigent circumstances exist which, if delayed pursuant to the
156	156	123requirements of this section, would jeopardize the life or seriously impair the health of the
157	157	124incarcerated person, or, for actions seeking equitable relief; or if the claim by an incarcerated
158	158	125person is directly related to sexual abuse, serious bodily harm, or medical issues.
159	159	126 SECTION 7. Section 39A of said chapter 127, as so appearing, is hereby amended by
160	160	127striking out subsection (c) and inserting in place thereof the following subsection:-
161	161	128 (c) The fact that an incarcerated person identifies as LGBTQI+ shall not be grounds for
162	162	129involuntary placement in restrictive housing or involuntary removal from the general population,
163	163	130provided however, that an incarcerated person who identifies as LGBTQI+ may request to be
164	164	131removed from the general population for their own safety at any time.
165	165	132 SECTION 8. Section 39A of said chapter 127, as so appearing, is hereby further amended
166	166	133by striking out subsection (f) and inserting in place thereof the following 4 subsections:-
167	167	134 (f) No incarcerated person shall be placed in restrictive housing, removed from general
168	168	135population, or disciplined in any way for reporting in good faith an act of sexual abuse, provided 8 of 9
169	169	136that an incarcerated person may request to be removed from general population for their own
170	170	137safety at any time.
171	171	138 (g) Any incarcerated person that engages in consensual sexual activity shall not be
172	172	139removed from general population. Provided further, such behavior shall not be grounds for
173	173	140removal of visitation, or phone privileges, provided further, any guilty finding on a disciplinary
174	174	141report for consensual sexual activity shall not be used in determining the classification status or
175	175	142parole eligibility of an incarcerated person.
176	176	143 (h) Affectionate, non-sexual contact between incarcerated persons, including but not
177	177	144limited to handshakes, hugs, touching of another's hair and other forms of non-sexual contact,
178	178	145shall not be subject to disciplinary action, nor shall such incidents be used as a basis to punish or
179	179	146penalize an incarcerated person in any way.
180	180	147 (i) An incarcerated person shall not be confined to restrictive housing except pursuant to
181	181	148section 39 or this section.
182	182	149 SECTION 9. Section 16 of said chapter 127, as so appearing, is hereby amended by
183	183	150adding the following 3 sections:
184	184	151 16A: Each correctional facility shall ensure that an incarcerated person that requests
185	185	152access to medication to prevent the transmission of HIV be provided such medication at no cost
186	186	153to the incarcerated person, provided further, that reasons for requesting said medication shall be
187	187	154kept confidential between the medical provider and incarcerated person and not be shared with
188	188	155security or administrative staff, provided however, that said medication shall only be provided if
189	189	156clinically appropriate. 9 of 9
190	190	157 16B: Each correctional facility shall ensure that any incarcerated person prescribed
191	191	158medication to prevent the transmission of HIV or to control and manage HIV, whether held on
192	192	159pre-trial or committed status, shall be provided a thirty-day supply upon release from custody.
193	193	160 16C: Each correctional facility shall ensure that an incarcerated person prescribed
194	194	161medication to control and manage HIV shall be permitted to keep said medication on their
195	195	162person or in their cell to ensure regular and timely dosage of said medication.
196	196	163 SECTION 10. Section 32A of said chapter 127, as so appearing, is hereby amended by
197	197	164adding the following sentence:-
198	198	165 Any incarcerated person with a gender dysphoria diagnosis shall also be housed in a
199	199	166single occupancy cell, unless they request otherwise, provided that the facility is at or below 90%
200	200	167occupancy on the day of assignment.
201	201	168 SECTION 11. Said chapter 127 is hereby amended by inserting after section 39H the
202	202	169following section:-
203	203	170 Section 39I. The Commissioner and sheriffs shall ensure that all mental health providers
204	204	171within their facilities, hired or contracted, are trained in and can demonstrate cultural
205	205	172competency in working with LGBTQI+ individuals.