Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2703 Compare Versions

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22 HOUSE DOCKET, NO. 825 FILED ON: 1/13/2025
33 HOUSE . . . . . . . . . . . . . . . No. 2703
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Priscila S. Sousa
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 to ensure compliance with the anti-shackling law for pregnant incarcerated women.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Priscila S. Sousa6th Middlesex1/13/2025Sally P. Kerans13th Essex1/22/2025Mindy Domb3rd Hampshire1/22/2025Christine P. Barber34th Middlesex3/7/2025 1 of 3
1616 HOUSE DOCKET, NO. 825 FILED ON: 1/13/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 2703
1818 By Representative Sousa of Framingham, a petition (accompanied by bill, House, No. 2703) of
1919 Priscila S. Sousa and others for legislation to further amend the anti-shackling statute for
2020 incarcerated pregnant women. Public Safety and Homeland Security.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE HOUSE, NO. 2350 OF 2023-2024.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Fourth General Court
2626 (2025-2026)
2727 _______________
2828 An Act to ensure compliance with the anti-shackling law for pregnant incarcerated women.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Subsection (b) of section 118 of chapter 127 of the General Laws, as
3232 2appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:-
3333 3 For the purposes of this section, “postpartum recovery” shall mean the time period that
3434 4occurs immediately following childbirth up to a minimum of 6 weeks, or longer as determined
3535 5by a physician.
3636 6 SECTION 2. Said section 118 of chapter 127, as so appearing, is hereby further amended
3737 7by striking out the words “post-delivery recuperation” in lines 45 and 62, in each instance, and
3838 8inserting in place thereof the following words:- “postpartum recovery”. 2 of 3
3939 9 SECTION 3. Said section 118 of chapter 127, as so appearing, is hereby further amended
4040 10by inserting, in line 46, after the word “physician” the following words:- “or emergency medical
4141 11personnel”.
4242 12 SECTION 4. Said section 118 of chapter 127, as so appearing, is hereby further amended
4343 13by inserting, in line 72, after the word “inmate” the following words:- “under any circumstances
4444 14or in any setting”
4545 15 SECTION 5. Said section 118 of chapter 127, as so appearing, is hereby further amended
4646 16by inserting, in line 78, after the word “superintendent” the following words:- “of a state
4747 17correctional facility or administrator of a county facility.”
4848 18 SECTION 6. Said section 118 of chapter 127, as so appearing, is hereby further amended
4949 19by adding the following 3 paragraphs:-
5050 20 The commissioner of correction and administrator of each county correctional facility
5151 21shall require annual training of staff members who transport or supervise female prisoners as to
5252 22the provisions of this section.
5353 23 Any time restraints are used on a pregnant or postpartum inmate, the superintendent of a
5454 24state correctional facility or administrator of a county correctional facility shall submit a report
5555 25within 48 hours to the secretary of public safety and security, which shall include the date, time,
5656 26duration, location and the rationale for the use of restraints, provided, however, that such reports
5757 27shall not contain individually identifying information.
5858 28 The secretary of public safety shall submit to the legislature a public report detailing
5959 29compliance with this section, including all incidents involving use of restraints which shall be 3 of 3
6060 30filed no later than July 1 of each year with the clerks of the senate and house of representatives,
6161 31the chairs of the joint committee on public safety and homeland security and the chairs of the
6262 32joint committee on the judiciary.