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HOUSE DOCKET, NO. 3087 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 2685
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
David M. Rogers and Marjorie C. Decker
_________________
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 to improve transparency and accountability in correctional facilities.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:David M. Rogers24th Middlesex1/16/2025Marjorie C. Decker25th Middlesex1/16/2025Patrick Joseph Kearney4th Plymouth1/22/2025 1 of 5
HOUSE DOCKET, NO. 3087 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 2685
By Representatives Rogers of Cambridge and Decker of Cambridge, a petition (accompanied by
bill, House, No. 2685) of David M. Rogers, Marjorie C. Decker and Patrick Joseph Kearney
relative to the right of persons incarcerated in correctional institutions, state prisons, jails or
houses of correction to confer with news media representative. Public Safety and Homeland
Security.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2394 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act to improve transparency and accountability in correctional facilities.
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. Chapter 127 of the General Laws is hereby amended by inserting after
2section 36C the following section:- Section 36D. (a) For the purpose of this section, “news media
3representatives” are persons who are engaged in reporting news for (1) a radio or television
4program, (2) an online or print newspaper, (3) an online or print magazine, (4) a national or
5international news service, including wire services, (5) a website or (6) a podcast. Freelance
6reporters and journalists shall also be considered news media representatives for the purpose of
7this section.
8 (b) No correctional institution, state prison, jail or house of correction, the commissioner
9of correction, hereinafter the commissioner, sheriff, superintendent, correctional officer, 2 of 5
10employee, contractor or any other staff member shall abridge the right of a person incarcerated in
11any correctional institution, state prison, jail or house of correction in the commonwealth to
12confer with any news media representative. Such news media representatives may visit an
13incarcerated person at such times as may be established under rules promulgated by the
14commissioner. News media representatives shall have rights to unimpeded, confidential, in
15person visitation and video conferencing commensurate with the rights of attorneys established
16in section 36A of this chapter; provided, that there shall be no restrictions on the access of news
17media representatives due to housing placement or disciplinary sanctions imposed on an
18incarcerated person for any offense.
19 (c) All correctional institutions, state prisons, jails and houses of correction shall provide
20for unimpeded, unmonitored, and confidential telephone communication between news media
21representatives and incarcerated persons. News media representatives shall be permitted to
22establish a telephone line which shall be authorized for confidential communication with any
23incarcerated person. All correctional institutions, state prisons, jails and houses of correction
24shall provide an online system whereby news media representatives may register their
25information, including, but not limited to, their email addresses and telephone numbers. The
26correctional institutions, state prisons, jails and houses of correction shall publish information
27regarding media access on their websites and provide said information to all incarcerated persons
28upon entry into such facilities. Ordinary pre-authorization processes, telephone limitations,
29restrictions and cap limits shall not apply to conversations between incarcerated persons and
30news media representatives. Incarcerated persons serving disciplinary sanctions shall at all times
31be permitted telephone access to news media representatives. 3 of 5
32 (d) Attorneys shall be permitted to bring with them a news media representative on any
33legal visit with an incarcerated person, including in-person visits, video visits and video
34conferencing.
35 (e) Retaliation against any incarcerated person for communication with a news media
36representative shall be prohibited and punishable by disciplinary action up to and including
37termination.
38 (f) The commissioner shall update regulations in accordance with this section.
39 (g) Sheriffs shall update policies in accordance with this section.
40 SECTION 2. Section 87 of Chapter 127 of the General Laws is hereby amended by
41inserting in subsection (a) after the words “the commissioner or any deputy commissioner of
42correction,” the following words:- any news media representative as defined in section 36D of
43chapter 127
44 SECTION 3. Chapter 127 of the General Laws, as appearing in the 2020 Official Edition,
45is hereby amended by adding the following section:- Section 170. (a) The following data
46regarding use of force at all correctional institutions, state prisons, jails and houses of correction
47shall be collected and provided to any person upon request as well as published, quarterly, on the
48agency’s website and provided quarterly to the Joint Committee on the Judiciary, the Joint
49Committee on Public Safety and Homeland Security, the Attorney General and the Governor, to
50review and recommend clear limitations on the use of physical force by state and county
51correction officers and juvenile detention officers: (1) the number of incidents facility-wide, (2)
52the number of incidents in any form of segregated confinement, (3) the number of incidents
53during mental health watches, (4) the number of incidents involving incarcerated people who are 4 of 5
54being treated for psychiatric disabilities, (5) the number of incidents by race of involved
55incarcerated people and by race of involved staff, (6) the number of incidents resulting in injury
56to an incarcerated person, (7) the number of incidents resulting in injury to staff, (8) the number
57of incidents where any incarcerated person had to be treated at an outside hospital, as well an
58accounting of the injuries that required treatment, (9) the number of incidents where a
59correctional officer or any other staff person had to be treated at an outside hospital, as well as an
60accounting of the injuries that required treatment (10) the number of incidents involving use of
61chemical agents, (11) the number of incidents involving use of a restraint chair, (12) the number
62of incidents involving use of any kinetic impact weapon, (13) the number of incidents involving
63K-9s, and (14) the number of incidents involving any other use of force tool. Each data point
64shall include a breakdown by planned use of force, spontaneous cell entry and other use of force.
65 (b) The following data regarding use of force complaints, investigations, and outcomes at
66all correctional facilities shall be collected and provided to any person upon request as well as
67published, quarterly, on the agency’s website and provided quarterly to the Joint Committee on
68the Judiciary, the Joint Committee on Public Safety and Homeland Security, the Attorney
69General and the Governor: (1) the number of grievances and other complaints alleging that
70excessive force was used against an incarcerated person, (2) the number of investigations
71conducted by internal affairs related to use of force and an accounting of the outcomes of those
72investigations, including all findings and all resulting discipline, (3) a list of all officers,
73including their current employment status and position, who have been found to have engaged in
74excessive use of force, and (4) a list of all officers, including their current employment status and
75position, who have been found to have lied or been otherwise not fully truthful and cooperative
76in the course of an investigation related to use of force. 5 of 5
77 (c) An incarcerated person and their legally designated representative shall have the right
78to obtain a copy of all records relating to any use of force incident involving the incarcerated
79person, including, but not limited to, written reports, investigations, investigation findings,
80interviews, video and audio recordings and photographs. All such records must be provided
81within 10 business days of any request. All such records shall also be public records, except that
82records access officers must redact the name and identifying information of any involved
83incarcerated person before providing the records to any requestor who is not the involved
84incarcerated person or who does not have a release from them.