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2 | 2 | | SENATE DOCKET, NO. 1102 FILED ON: 1/15/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1706 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Patricia D. Jehlen |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act establishing a commission to review substance use in correctional facilities. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Patricia D. JehlenSecond Middlesex 1 of 4 |
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16 | 16 | | SENATE DOCKET, NO. 1102 FILED ON: 1/15/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1706 |
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18 | 18 | | By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 1706) of Patricia D. Jehlen for |
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19 | 19 | | legislation to establishing a commission to review substance use in correctional facilities. Public |
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20 | 20 | | Safety and Homeland Security. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE SENATE, NO. 1533 OF 2023-2024.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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26 | 26 | | (2025-2026) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act establishing a commission to review substance use in correctional facilities. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 Chapter 127 of the General Laws is hereby amended by inserting after Section 17D, as |
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32 | 32 | | 2inserted by Section 78 of Chapter 208 of the Acts of 2018, the following section:- |
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33 | 33 | | 3 Section 17E (a) The Massachusetts Rehabilitation Oversight Committee (M-ROC) shall |
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34 | 34 | | 4be convened to gather information regarding substance use and treatment in Massachusetts |
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35 | 35 | | 5correctional institutions, jails and houses of correction, to track substance use trends and monitor |
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36 | 36 | | 6treatment and recovery services including continuation of care efforts and re-entry programs and |
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37 | 37 | | 7to determine the impact of substance use as it relates to health, rehabilitation, discipline, |
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38 | 38 | | 8overdoses, and drug contraband involving prisoners, visitors, or staff. 2 of 4 |
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39 | 39 | | 9 (b) The oversight committee shall consist of eight members: 1 member from corrections |
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40 | 40 | | 10appointed by the Department of Correction, 1 sheriff appointed by the sheriff’s association, 1 |
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41 | 41 | | 11prisoner appointed by the Legal Advisory Committee (LAC) at MCI-Norfolk, 1 staff member |
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42 | 42 | | 12from the Bureau of Substance Addiction Services (BSAS) appointed by its director, 1 staff |
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43 | 43 | | 13member from the Massachusetts Organization for Addiction Recovery (MOAR) appointed by its |
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44 | 44 | | 14director, 1 staff member from Prisoners’ Legal Services (PLS) appointed by its director, 1 staff |
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45 | 45 | | 15member from the Massachusetts Association for Mental Health appointed by its director and 1 |
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46 | 46 | | 16licensed clinician appointed by the Massachusetts Association of Alcoholism and Drug Abuse |
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47 | 47 | | 17Counselors (MAADAC). |
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48 | 48 | | 18 (c) The members of the oversight committee shall be provided full and unfettered access |
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49 | 49 | | 19to all Massachusetts state prisons and houses of corrections, and shall be allowed to interview |
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50 | 50 | | 20prison staff and prisoners, both individually and collectively through the various prisoner-led |
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51 | 51 | | 21organizations. |
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52 | 52 | | 22 (d) The oversight committee shall gather information regarding:(i) Substance use trends |
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53 | 53 | | 23and treatment, programmatic and rehabilitation needs of offenders; (ii) Effectiveness of treatment |
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54 | 54 | | 24efforts including but not limited to continuation of care and re-entry programing; (iii) Gaps in |
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55 | 55 | | 25treatment services; (iv) Level of offender participation and success;(v) Disciplinary procedures |
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56 | 56 | | 26related to substance use; (vi) Overdoses; (vii) Contraband; and (viii) Other relevant information |
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57 | 57 | | 27as identified by the oversight committee. |
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58 | 58 | | 28 (e) The Department of Correction and all County Sheriffs Departments will provide the |
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59 | 59 | | 29oversight committee quarterly data and statistical reports including but not limited to the |
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60 | 60 | | 30following for each state prison, correctional institution, jail, and house of correction, covering the 3 of 4 |
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61 | 61 | | 31entire quarterly period: (i) The number and racial composition of prisoners with a history of |
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62 | 62 | | 32Substance Use Disorder (SUD); (ii) The average waiting time before a prisoner undergoes a |
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63 | 63 | | 33clinical assessment to diagnose and determine a treatment plan for a SUD following self- |
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64 | 64 | | 34identification and/or entry into a prison or house of correction; (iii) The number and racial |
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65 | 65 | | 35composition of prisoners receiving SUD treatment; (iv) The number and racial composition of |
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66 | 66 | | 36prisoners being treated with medication only for SUD; (v) The number and racial composition of |
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67 | 67 | | 37prisoners who requested SUD treatment and were placed on a waiting list prior to receiving |
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68 | 68 | | 38treatment; (vi) The average wait time prisoners experience before receiving treatment services; |
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69 | 69 | | 39(vii) The number and racial composition of prisoners denied SUD treatment after notifying the |
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70 | 70 | | 40prison and/or house of correction staff of their need for services; (viii) The number of prisoners |
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71 | 71 | | 41being treated for SUD and other co-occurring mental health disorder(s), broken down by the type |
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72 | 72 | | 42of treatment being provided and the type of treatment provider (i.e. qualified addiction specialist, |
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73 | 73 | | 43licensed social worker, volunteer program, program contractor); (ix) The number of prisoners |
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74 | 74 | | 44with SUD diagnosed with each enumerated co-occurring mental health disorder; (x) The |
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75 | 75 | | 45educational and specific training requirements for staff assigned to work with prisoners in SUD |
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76 | 76 | | 46programs including: (1) The number of licensed clinicians employed in each program; (2) Staff |
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77 | 77 | | 47to prisoner ratio; and (3) The treatment modalities used (xi) Search results of inmates, staff and |
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78 | 78 | | 48visitors including (1) Frequency of scheduled and random inmate searches and results as entered |
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79 | 79 | | 49into the IMS database; (2) Searches of staff members and visitors including search of the day |
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80 | 80 | | 50results, etc. as documented in the IMS database; (3) Staff search reports reported by the Office |
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81 | 81 | | 51of Investigative Services and/or the Office of Internal Affairs |
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82 | 82 | | 52 (f) The oversight committee shall meet at least quarterly and shall publish a report |
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83 | 83 | | 53compiling information gathered through parts (c), (d), and (e) of this section annually, with the 4 of 4 |
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84 | 84 | | 54first report being published within one year of the passage of this Act. The oversight committee |
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85 | 85 | | 55shall make said report publicly available and shall deliver copies of said report to all relevant |
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86 | 86 | | 56legislative committees. |
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87 | 87 | | 57 (g) The report of the Rehabilitative Oversight Committee shall offer recommendations |
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88 | 88 | | 58concerning the impact of substance use as it relates to health, rehabilitation, discipline, |
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89 | 89 | | 59overdoses, and drug contraband. The recommendations shall include, but are not limited to: (i) |
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90 | 90 | | 60Recommendations regarding modifications, additions, and elimination of offender treatment and |
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91 | 91 | | 61programming; (ii) Recommendations regarding how the department and each sheriff can ensure |
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92 | 92 | | 62that prisoners experience continuity in treatment and programming; (iii) Recommendations |
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93 | 93 | | 63regarding how the department and each sheriff can deliver more meaningful treatment and |
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94 | 94 | | 64programing; (iv) Recommendations regarding alternatives to disciplining prisoners for |
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95 | 95 | | 65infractions stemming from substance use disorders; and (v) Recommendations regarding existing |
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96 | 96 | | 66policies that seek to limit the introduction of contraband, including but not limited to visitation |
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97 | 97 | | 67restrictions, and whether such policies are effective at reducing substance use. |
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