Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1086 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1686 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1086
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	James B. Eldridge
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 relative to judicial oversight.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :James B. EldridgeMiddlesex and Worcester 1 of 2
16	16	SENATE DOCKET, NO. 1686 FILED ON: 1/16/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1086
18	18	By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 1086) of James B. Eldridge for
19	19	legislation relative to judicial oversight of prisons housing. The Judiciary.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Fourth General Court
23	23	(2025-2026)
24	24	_______________
25	25	An Act relative to judicial oversight.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 Chapter 249 of the General Laws is hereby amended by inserting after section 12 the
29	29	2following section:-
30	30	3 Section 12A.
31	31	4 (a) A prisoner or a prisoner's legal representative, or a staff person at the request of a
32	32	5prisoner, may petition the district court with jurisdiction over the prisoner's place of detention or,
33	33	6if the prisoner is awaiting trial to the court with jurisdiction of the criminal case, may petition the
34	34	7court to be transferred from restrictive housing or from an environment more restrictive than the
35	35	8conditions in the general population. The court shall order the prisoner's requested transfer to a
36	36	9less restrictive environment if: (1) the prisoner has been in restrictive housing or in conditions
37	37	10more restrictive than the general population in the same correctional facility for more than 72
38	38	11hours over the course of a 144-hour period; and (2) the conditions are not reasonably calculated 2 of 2
39	39	12to promote safety or security within the place of detention or the conditions are not otherwise
40	40	13consistent with the interests of justice.
41	41	14 (b) When a prisoner has been in restrictive housing or in conditions more restrictive than
42	42	15the general population in the same correctional facility for more than 72 hours over the course of
43	43	16a 144-hour period, and once every 24 hours thereafter that the prisoner remains in that housing, a
44	44	17member of the place of detention shall advise the prisoner of the prisoner's right to petition under
45	45	18this section and advise the prisoner that staff at the place of detention may also, at the prisoner's
46	46	19request, petition on the prisoner's behalf. If the prisoner requests, either orally or in writing, that
47	47	20staff at the place of detention petition under this subsection, an employee, representative, agent
48	48	21or other designee of the place of detention shall file a petition with the appropriate court within
49	49	2212 hours. If a prisoner, a prisoner's legal representative or a staff person files a petition in a court
50	50	23that lacks jurisdiction under this subsection, the clerk of the court shall, as soon as is practicable,
51	51	24determine the court with jurisdiction and forward the petition to that court for adjudication. The
52	52	25court may order periodic reviews of transfers under this subsection.