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