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2 | 2 | | HOUSE DOCKET, NO. 4086 FILED ON: 1/17/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2734 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Christopher J. Worrell |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act to repeal pay-to-stay fees. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Christopher J. Worrell5th Suffolk1/17/2025 1 of 2 |
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16 | 16 | | HOUSE DOCKET, NO. 4086 FILED ON: 1/17/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2734 |
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18 | 18 | | By Representative Worrell of Boston, a petition (accompanied by bill, House, No. 2734) of |
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19 | 19 | | Christopher J. Worrell relative to deductions for costs associated with the care and |
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20 | 20 | | accommodation of incarcerated individuals. Public Safety and Homeland Security. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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24 | 24 | | (2025-2026) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act to repeal pay-to-stay fees. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 Section 1. Section 48A of chapter 127 of the General Laws, as appearing in the 2022 |
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30 | 30 | | 2Official Edition, is hereby amended by inserting after “superintendent may so expend any part or |
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31 | 31 | | 3all of such money” the following words:- “However, the superintendent may not deduct from |
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32 | 32 | | 4money earned by any inmate for room, board, or any living-related expenses.” |
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33 | 33 | | 5 Section 2. The Department of Correction shall promulgate regulations pursuant to this |
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34 | 34 | | 6section no later than 30 days after the enactment of this act. |
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35 | 35 | | 7 Section 3. The amendment of Section 48A shall apply retroactively to all such deductions |
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36 | 36 | | 8made from inmate earnings for room, board, or living-related expenses after January 1, 2020. |
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37 | 37 | | 9Any such deductions that occurred prior to the enactment of this bill shall be refunded to the |
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38 | 38 | | 10affected individuals. |
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39 | 39 | | 11 Section 4. Section 58 of chapter 119 of the General Laws, as appearing in the 2022 |
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40 | 40 | | 12Official Edition, is hereby amended by striking out the paragraph that begins with “The court 2 of 2 |
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41 | 41 | | 13may make an order for payment…” in its entirety and inserting in place thereof the following:- |
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42 | 42 | | 14“The court may not make an order for payment by the child's parents or guardian from the child's |
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43 | 43 | | 15property, or by any other person responsible for the care and support of said child, to the |
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44 | 44 | | 16institution, department, division, organization or person furnishing care and support for said |
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45 | 45 | | 17child.” |
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46 | 46 | | 18 Section 4. The Juvenile Court shall immediately cease the issuance of payment orders for |
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47 | 47 | | 19the care and support of delinquent youth upon the enactment of this act. |
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48 | 48 | | 20 Section 5. The amendment of Section 58 shall apply retroactively to any youth for whom |
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49 | 49 | | 21payment orders were issued after January 1, 2020. Any such payment orders shall be deemed |
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50 | 50 | | 22void and any orders already fulfilled shall be refunded to the impacted youths or their families. |
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51 | 51 | | 23 Section 6. The Commonwealth shall ensure that the costs associated with the care and |
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52 | 52 | | 24accommodation of incarcerated individuals are not passed on to the individuals themselves or |
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53 | 53 | | 25their families. |
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