Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3422 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 523 FILED ON: 1/9/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3422
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Chynah Tyler
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 establishing a jail and prison construction moratorium.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Chynah Tyler7th Suffolk1/9/2025Joanne M. ComerfordHampshire, Franklin and Worcester2/20/2025Lindsay N. Sabadosa1st Hampshire2/20/2025Samantha Montaño15th Suffolk2/20/2025Steven Owens29th Middlesex2/20/2025Patrick Joseph Kearney4th Plymouth2/20/2025Erika Uyterhoeven27th Middlesex2/20/2025Mike Connolly26th Middlesex2/20/2025Marjorie C. Decker25th Middlesex2/20/2025James C. Arena-DeRosa8th Middlesex2/20/2025 1 of 3
16	16	HOUSE DOCKET, NO. 523 FILED ON: 1/9/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 3422
18	18	By Representative Tyler of Boston, a petition (accompanied by bill, House, No. 3422) of Chynah
19	19	Tyler and others relative to establishing a jail and prison construction moratorium. State
20	20	Administration and Regulatory Oversight.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 1795 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act establishing a jail and prison construction moratorium.
29	29	Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
30	30	establish an immediate prison and jail moratorium, therefore it is hereby declared to be an
31	31	emergency law, necessary for the immediate preservation of the public safety and health.
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. Chapter 7C of the General Laws is hereby amended by adding the
35	35	2following section:
36	36	3 Section 73. (a) For the purposes of this section, the term “correctional facility” shall have
37	37	4the same meaning as provided in section 1 of chapter 125.
38	38	5 (b) Notwithstanding any general or special law to the contrary, a state agency or public
39	39	6agency shall not: 2 of 3
40	40	7 (i) study, plan, design, acquire, lease, search for sites, or construct new correctional
41	41	8facilities or detention centers;
42	42	9 (ii) expand the capacity of an existing correctional facility or detention center beyond its
43	43	10current design or rated capacity;
44	44	11 (iii) convert any part of an existing or dormant correctional facility or detention center
45	45	12for the purpose of detention or incarceration, including to change or expand the populations
46	46	13incarcerated in that facility or center;
47	47	14 (iv) renovate an existing or dormant correctional facility or detention center beyond
48	48	15performing routine maintenance and improvements limited only to ensuring compliance with
49	49	16federal and state law including building, health, and fire codes; installing plumbing fixtures such
50	50	17as toilets, showers, sinks, doors, or locks; improving food service or health services or medical
51	51	18service
52	52	19 units; improving heating and cooling systems; removing restrictive housing units or
53	53	20other security infrastructure; improving spaces for programming and education; provided that
54	54	21such improvements shall not increase a facility’s bed capacity and must result in improved living
55	55	22conditions for incarcerated people;
56	56	23 (v) repair an existing or dormant correctional facility or detention center for the purposes
57	57	24of expanding the facility or center, or increasing its bed capacity.
58	58	25 SECTION 2. (a) For purposes of this section, the term “county jail and regional lockup
59	59	26facility” shall mean a facility operated by a county sheriff that, as of the effective date of this act,
60	60	27is used for all of the following: (i) the detention of convicted offenders; (ii) as a jail, as that term 3 of 3
61	61	28is described in section 4 of chapter 126 of the General Laws; and (iii) as a regional lockup
62	62	29facility utilized by more than 1 municipal law enforcement agency for the detention of arrestees.
63	63	30 (b) Notwithstanding clause (iii) of subsection (b) of section 73 of chapter 7C of the
64	64	31General Laws, in the event that a county jail and regional lockup facility is closed due to the
65	65	32closure of a county jail, the county sheriff may transfer no more than 30 beds from the closed
66	66	33facility to an existing county correctional facility, as that term is defined in section 1 of chapter
67	67	34125 of the General Laws, within the same county.
68	68	35 SECTION 3. Section 73 of chapter 7C of the General Laws is hereby repealed.
69	69	36 SECTION 4. Section 2 of this act is hereby repealed.
70	70	37 SECTION 5. Sections 3 and 4 shall take effect 5 years after the effective date of this act.