Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2685 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3087 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2685
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David M. Rogers and Marjorie C. Decker
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 improve transparency and accountability in correctional facilities.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:David M. Rogers24th Middlesex1/16/2025Marjorie C. Decker25th Middlesex1/16/2025Patrick Joseph Kearney4th Plymouth1/22/2025 1 of 5
16	16	HOUSE DOCKET, NO. 3087 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2685
18	18	By Representatives Rogers of Cambridge and Decker of Cambridge, a petition (accompanied by
19	19	bill, House, No. 2685) of David M. Rogers, Marjorie C. Decker and Patrick Joseph Kearney
20	20	relative to the right of persons incarcerated in correctional institutions, state prisons, jails or
21	21	houses of correction to confer with news media representative. Public Safety and Homeland
22	22	Security.
23	23	[SIMILAR MATTER FILED IN PREVIOUS SESSION
24	24	SEE HOUSE, NO. 2394 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 improve transparency and accountability in correctional facilities.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Chapter 127 of the General Laws is hereby amended by inserting after
34	34	2section 36C the following section:- Section 36D. (a) For the purpose of this section, “news media
35	35	3representatives” are persons who are engaged in reporting news for (1) a radio or television
36	36	4program, (2) an online or print newspaper, (3) an online or print magazine, (4) a national or
37	37	5international news service, including wire services, (5) a website or (6) a podcast. Freelance
38	38	6reporters and journalists shall also be considered news media representatives for the purpose of
39	39	7this section.
40	40	8 (b) No correctional institution, state prison, jail or house of correction, the commissioner
41	41	9of correction, hereinafter the commissioner, sheriff, superintendent, correctional officer, 2 of 5
42	42	10employee, contractor or any other staff member shall abridge the right of a person incarcerated in
43	43	11any correctional institution, state prison, jail or house of correction in the commonwealth to
44	44	12confer with any news media representative. Such news media representatives may visit an
45	45	13incarcerated person at such times as may be established under rules promulgated by the
46	46	14commissioner. News media representatives shall have rights to unimpeded, confidential, in
47	47	15person visitation and video conferencing commensurate with the rights of attorneys established
48	48	16in section 36A of this chapter; provided, that there shall be no restrictions on the access of news
49	49	17media representatives due to housing placement or disciplinary sanctions imposed on an
50	50	18incarcerated person for any offense.
51	51	19 (c) All correctional institutions, state prisons, jails and houses of correction shall provide
52	52	20for unimpeded, unmonitored, and confidential telephone communication between news media
53	53	21representatives and incarcerated persons. News media representatives shall be permitted to
54	54	22establish a telephone line which shall be authorized for confidential communication with any
55	55	23incarcerated person. All correctional institutions, state prisons, jails and houses of correction
56	56	24shall provide an online system whereby news media representatives may register their
57	57	25information, including, but not limited to, their email addresses and telephone numbers. The
58	58	26correctional institutions, state prisons, jails and houses of correction shall publish information
59	59	27regarding media access on their websites and provide said information to all incarcerated persons
60	60	28upon entry into such facilities. Ordinary pre-authorization processes, telephone limitations,
61	61	29restrictions and cap limits shall not apply to conversations between incarcerated persons and
62	62	30news media representatives. Incarcerated persons serving disciplinary sanctions shall at all times
63	63	31be permitted telephone access to news media representatives. 3 of 5
64	64	32 (d) Attorneys shall be permitted to bring with them a news media representative on any
65	65	33legal visit with an incarcerated person, including in-person visits, video visits and video
66	66	34conferencing.
67	67	35 (e) Retaliation against any incarcerated person for communication with a news media
68	68	36representative shall be prohibited and punishable by disciplinary action up to and including
69	69	37termination.
70	70	38 (f) The commissioner shall update regulations in accordance with this section.
71	71	39 (g) Sheriffs shall update policies in accordance with this section.
72	72	40 SECTION 2. Section 87 of Chapter 127 of the General Laws is hereby amended by
73	73	41inserting in subsection (a) after the words “the commissioner or any deputy commissioner of
74	74	42correction,” the following words:- any news media representative as defined in section 36D of
75	75	43chapter 127
76	76	44 SECTION 3. Chapter 127 of the General Laws, as appearing in the 2020 Official Edition,
77	77	45is hereby amended by adding the following section:- Section 170. (a) The following data
78	78	46regarding use of force at all correctional institutions, state prisons, jails and houses of correction
79	79	47shall be collected and provided to any person upon request as well as published, quarterly, on the
80	80	48agency’s website and provided quarterly to the Joint Committee on the Judiciary, the Joint
81	81	49Committee on Public Safety and Homeland Security, the Attorney General and the Governor, to
82	82	50review and recommend clear limitations on the use of physical force by state and county
83	83	51correction officers and juvenile detention officers: (1) the number of incidents facility-wide, (2)
84	84	52the number of incidents in any form of segregated confinement, (3) the number of incidents
85	85	53during mental health watches, (4) the number of incidents involving incarcerated people who are 4 of 5
86	86	54being treated for psychiatric disabilities, (5) the number of incidents by race of involved
87	87	55incarcerated people and by race of involved staff, (6) the number of incidents resulting in injury
88	88	56to an incarcerated person, (7) the number of incidents resulting in injury to staff, (8) the number
89	89	57of incidents where any incarcerated person had to be treated at an outside hospital, as well an
90	90	58accounting of the injuries that required treatment, (9) the number of incidents where a
91	91	59correctional officer or any other staff person had to be treated at an outside hospital, as well as an
92	92	60accounting of the injuries that required treatment (10) the number of incidents involving use of
93	93	61chemical agents, (11) the number of incidents involving use of a restraint chair, (12) the number
94	94	62of incidents involving use of any kinetic impact weapon, (13) the number of incidents involving
95	95	63K-9s, and (14) the number of incidents involving any other use of force tool. Each data point
96	96	64shall include a breakdown by planned use of force, spontaneous cell entry and other use of force.
97	97	65 (b) The following data regarding use of force complaints, investigations, and outcomes at
98	98	66all correctional facilities shall be collected and provided to any person upon request as well as
99	99	67published, quarterly, on the agency’s website and provided quarterly to the Joint Committee on
100	100	68the Judiciary, the Joint Committee on Public Safety and Homeland Security, the Attorney
101	101	69General and the Governor: (1) the number of grievances and other complaints alleging that
102	102	70excessive force was used against an incarcerated person, (2) the number of investigations
103	103	71conducted by internal affairs related to use of force and an accounting of the outcomes of those
104	104	72investigations, including all findings and all resulting discipline, (3) a list of all officers,
105	105	73including their current employment status and position, who have been found to have engaged in
106	106	74excessive use of force, and (4) a list of all officers, including their current employment status and
107	107	75position, who have been found to have lied or been otherwise not fully truthful and cooperative
108	108	76in the course of an investigation related to use of force. 5 of 5
109	109	77 (c) An incarcerated person and their legally designated representative shall have the right
110	110	78to obtain a copy of all records relating to any use of force incident involving the incarcerated
111	111	79person, including, but not limited to, written reports, investigations, investigation findings,
112	112	80interviews, video and audio recordings and photographs. All such records must be provided
113	113	81within 10 business days of any request. All such records shall also be public records, except that
114	114	82records access officers must redact the name and identifying information of any involved
115	115	83incarcerated person before providing the records to any requestor who is not the involved
116	116	84incarcerated person or who does not have a release from them.