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SENATE DOCKET, NO. 2253 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 1645
The Commonwealth of Massachusetts
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PRESENTED BY:
Nick Collins
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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 to codify the Suffolk County Sheriff’s authority to provide pre-arraignment care of
arrestees.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Nick CollinsFirst Suffolk 1 of 3
SENATE DOCKET, NO. 2253 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 1645
By Mr. Collins, a petition (accompanied by bill, Senate, No. 1645) of Nick Collins for legislation
relative to regional lockups and the authority of the Suffolk county Sheriff. Public Safety and
Homeland Security.
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 to codify the Suffolk County Sheriff’s authority to provide pre-arraignment care of
arrestees.
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. Section 34 of chapter 40 of the General Laws, as appearing in the 2020
2Official Edition, is hereby amended by striking out the first sentence and inserting in place
3thereof the following sentence:
4 Unless a member of a regional lockup facility, a city or town containing more than five
5thousand inhabitants shall, and any other town may, maintain a secure and convenient lockup to
6which a person arrested without a warrant may be committed; and a magistrate may commit, for
7further examination, a prisoner charged with a bailable offense and not recognizing, to the
8lockup in the town where the prisoner was arrested, to any regional lockup of which that town is
9a member, or to the lockup in a town where the court is held, if he considers it safe and
10commodious and that expense may be saved thereby. 2 of 3
11 SECTION 2. Section 35 of chapter 40, as so appearing, is hereby amended by inserting
12after the first paragraph the following paragraph:
13 Notwithstanding the foregoing paragraph, if there is a county regional lock-up facility,
14the sheriff of that county shall be responsible for the appointment of the administrator of the
15lock-up facility who shall serve for such term as the sheriff shall determine and who can be
16terminated from such position with or without cause at the sole discretion of the sheriff. Written
17notice of the same shall be filed with the county commissioners and the clerk of each member
18city or town. The administrator of the regional lock-up facility shall have all the powers and
19duties of a keeper of the lock-up.
20 SECTION 3. Section 36B of chapter 40, as so appearing, is hereby amended by inserting
21after the word “town,” in the first sentence, the following word: , regional,
22 SECTION 4. Section 36B of chapter 40, as so appearing, is hereby further amended by
23inserting after the word “department,” in the first sentence the following words:- , county
24sheriff,
25 SECTION 5. Notwithstanding sections 34 to 37A of chapter 40 of the General Laws, or
26any other general or special law to the contrary, the sheriff of Suffolk county may establish a
27regional lockup facility within the site of the Suffolk county jail and house of correction, or
28elsewhere within the county of Suffolk, which shall be used only for the detention of persons
29arrested upon probable cause or warrant or a person arrested under a civil process. There shall be
30space made available for interviews and space assigned for use by the clerk/magistrates for bail
31hearings. The regional lockup facility established under this section shall have the same function
32and power as a lockup established under section 34 of chapter 40. A city or town of Suffolk 3 of 3
33county, a state or federal law enforcement agency may, subject to the discretion of the sheriff of
34Suffolk County, become a member of the county regional lockup system by executing, with the
35consent of the appropriate governing body, a written agreement with the sheriff of Suffolk
36County. The agreement shall be filed with the corresponding city and town clerk and the
37secretary of state and shall set forth the details of the agreement as to the transportation and
38booking of prisoners.
39 Member police officers who are transporting a prisoner to a regional lockup facility shall,
40during transport, have the full authority and jurisdiction of a police officer through any city,
41town, or county. Member city or town police departments do not have to comply with section
4236C of chapter 40. The requirements and duties set forth in sections 36A to 36, inclusive, of
43chapter 40 shall pertain to the regional lockup facility and the sheriff's office, except that all
44training provided for in section 36C of chapter 40 shall be completed within 1 year of the
45establishment of the facility. The regional lockup administrator and sheriffs of the Suffolk county
46regional lockup facility shall have the same authority, jurisdiction and duty to detain, book, hold
47and transport a pre-arraignment prisoner or any other prisoner to or from the regional lockup as
48required under chapter 40.
49 SECTION 6. The sheriff of Suffolk County shall be afforded all the protections of section
509 of chapter 258, as though the sheriff held office under the constitution within the meaning of
51this statute.
52 SECTION 7. This act shall take effect upon passage.