1 of 1 SENATE DOCKET, NO. 2146 FILED ON: 1/17/2025 SENATE . . . . . . . . . . . . . . No. 1702 The Commonwealth of Massachusetts _________________ PRESENTED BY: Dylan A. Fernandes _________________ 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 resolve: Resolve to establish a commission to study expanding sentencing jurisdiction in Houses of Correction. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :Dylan A. FernandesPlymouth and BarnstableDavid T. Vieira3rd Barnstable2/24/2025Hadley Luddy4th Barnstable2/24/2025Kip A. Diggs2nd Barnstable2/24/2025Julian CyrCape and Islands2/24/2025 1 of 3 SENATE DOCKET, NO. 2146 FILED ON: 1/17/2025 SENATE . . . . . . . . . . . . . . No. 1702 By Mr. Fernandes, a petition (accompanied by resolve, Senate, No. 1702) of Dylan A. Fernandes, David T. Vieira, Hadley Luddy, Kip A. Diggs and others that provisions be made for an investigation and study by a special commission (including members of the General Court) to study the expansion of statutory sentencing guidelines in Houses of Correction. Public Safety and Homeland Security. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ Resolve to establish a commission to study expanding sentencing jurisdiction in Houses of Correction. 1 Resolved, SECTION 1. Purpose. 2 Whereas the current statutes of the Commonwealth of Massachusetts allow for the 3housing of inmates sentenced to a term of incarceration up to two and one-half years in the 4Houses of Correction under the jurisdiction of the county sheriffs, this legislation initiates a 5study to assess the feasibility, impact, and potential benefits of expanding the jurisdiction of 6Houses of Correction to include inmates sentenced to terms of incarceration of up to ten years. 7 SECTION 2. Establishment of a Commission. 8 There shall be established a special commission to study and evaluate the feasibility and 9implications of expanding the statutory sentencing guidelines to allow sheriffs to house inmates 10sentenced to a maximum of ten years in the Houses of Correction. 11 SECTION 3. Composition of the Commission. 2 of 3 12 The commission shall consist of the following members: 1 member of the Massachusetts 13House of Representatives, appointed by the Speaker of the House, who shall serve as co-chair; 1 14member of the Massachusetts House of Representatives, appointed by the House Minority 15Leader; 1 member of the Massachusetts Senate, appointed by the Senate President, who shall 16serve as co-chair; 1 member of the Massachusetts Senate, appointed by the Senate Minority 17Leader; the Secretary of Public Safety and Security, or their designee; the Commissioner of the 18Department of Correction, or their designee; 3 sheriffs of the Commonwealth, appointed by the 19Massachusetts Sheriffs’ Association; one member of the Committee for Public Counsel Services, 20appointed by the Governor; 1 member of the Massachusetts Association of Criminal Defense 21Lawyers, appointed by the Governor; 2 members of the judiciary, appointed by the Chief Justice 22of the Supreme Judicial Court; 2 District Attorneys appointed by the Massachusetts District 23Attorneys Association; and 2 members of the public with expertise in sentencing policy, 24appointed by the Attorney General. 25 SECTION 4. Duties of the Commission. 26 The commission shall: (a) review current sentencing statutes and guidelines and their 27alignment with the operational capacity and rehabilitation programs in Houses of Correction; (b) 28assess the fiscal, operational, and public safety impacts of expanding sheriffs' jurisdiction to 29house inmates sentenced to terms of up to ten years; (c) evaluate the potential benefits of 30enhanced local rehabilitation services, family connections, and community-based programming 31for inmates serving longer sentences; (d) solicit input from stakeholders, including victims' 32advocates, legal professionals, correctional staff, and community organizations; (e) consider the 33best practices from other states with similar sentencing models; and (f) consider the use of the 34current step-down system from the Department of Corrections to the Houses of Correction. 3 of 3 35 SECTION 5. Report and Recommendations. 36 The commission shall file a report with its findings and recommendations, including any 37proposed legislative or regulatory changes, with the Clerk of the House of Representatives, the 38Clerk of the Senate, and the Governor no later than one year from the date of the commission's 39first meeting. 40 SECTION 6. Implementation and Funding. 41 The commission shall be funded through existing appropriations to the Executive Office 42of Public Safety and Security, with additional funding as necessary to be allocated through the 43state budget. 44 SECTION 7. This act shall take effect immediately upon passage.