Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1706 Compare Versions

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22 SENATE DOCKET, NO. 1102 FILED ON: 1/15/2025
33 SENATE . . . . . . . . . . . . . . No. 1706
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Patricia D. Jehlen
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act establishing a commission to review substance use in correctional facilities.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Patricia D. JehlenSecond Middlesex 1 of 4
1616 SENATE DOCKET, NO. 1102 FILED ON: 1/15/2025
1717 SENATE . . . . . . . . . . . . . . No. 1706
1818 By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 1706) of Patricia D. Jehlen for
1919 legislation to establishing a commission to review substance use in correctional facilities. Public
2020 Safety and Homeland Security.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE SENATE, NO. 1533 OF 2023-2024.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Fourth General Court
2626 (2025-2026)
2727 _______________
2828 An Act establishing a commission to review substance use in correctional facilities.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 Chapter 127 of the General Laws is hereby amended by inserting after Section 17D, as
3232 2inserted by Section 78 of Chapter 208 of the Acts of 2018, the following section:-
3333 3 Section 17E (a) The Massachusetts Rehabilitation Oversight Committee (M-ROC) shall
3434 4be convened to gather information regarding substance use and treatment in Massachusetts
3535 5correctional institutions, jails and houses of correction, to track substance use trends and monitor
3636 6treatment and recovery services including continuation of care efforts and re-entry programs and
3737 7to determine the impact of substance use as it relates to health, rehabilitation, discipline,
3838 8overdoses, and drug contraband involving prisoners, visitors, or staff. 2 of 4
3939 9 (b) The oversight committee shall consist of eight members: 1 member from corrections
4040 10appointed by the Department of Correction, 1 sheriff appointed by the sheriff’s association, 1
4141 11prisoner appointed by the Legal Advisory Committee (LAC) at MCI-Norfolk, 1 staff member
4242 12from the Bureau of Substance Addiction Services (BSAS) appointed by its director, 1 staff
4343 13member from the Massachusetts Organization for Addiction Recovery (MOAR) appointed by its
4444 14director, 1 staff member from Prisoners’ Legal Services (PLS) appointed by its director, 1 staff
4545 15member from the Massachusetts Association for Mental Health appointed by its director and 1
4646 16licensed clinician appointed by the Massachusetts Association of Alcoholism and Drug Abuse
4747 17Counselors (MAADAC).
4848 18 (c) The members of the oversight committee shall be provided full and unfettered access
4949 19to all Massachusetts state prisons and houses of corrections, and shall be allowed to interview
5050 20prison staff and prisoners, both individually and collectively through the various prisoner-led
5151 21organizations.
5252 22 (d) The oversight committee shall gather information regarding:(i) Substance use trends
5353 23and treatment, programmatic and rehabilitation needs of offenders; (ii) Effectiveness of treatment
5454 24efforts including but not limited to continuation of care and re-entry programing; (iii) Gaps in
5555 25treatment services; (iv) Level of offender participation and success;(v) Disciplinary procedures
5656 26related to substance use; (vi) Overdoses; (vii) Contraband; and (viii) Other relevant information
5757 27as identified by the oversight committee.
5858 28 (e) The Department of Correction and all County Sheriffs Departments will provide the
5959 29oversight committee quarterly data and statistical reports including but not limited to the
6060 30following for each state prison, correctional institution, jail, and house of correction, covering the 3 of 4
6161 31entire quarterly period: (i) The number and racial composition of prisoners with a history of
6262 32Substance Use Disorder (SUD); (ii) The average waiting time before a prisoner undergoes a
6363 33clinical assessment to diagnose and determine a treatment plan for a SUD following self-
6464 34identification and/or entry into a prison or house of correction; (iii) The number and racial
6565 35composition of prisoners receiving SUD treatment; (iv) The number and racial composition of
6666 36prisoners being treated with medication only for SUD; (v) The number and racial composition of
6767 37prisoners who requested SUD treatment and were placed on a waiting list prior to receiving
6868 38treatment; (vi) The average wait time prisoners experience before receiving treatment services;
6969 39(vii) The number and racial composition of prisoners denied SUD treatment after notifying the
7070 40prison and/or house of correction staff of their need for services; (viii) The number of prisoners
7171 41being treated for SUD and other co-occurring mental health disorder(s), broken down by the type
7272 42of treatment being provided and the type of treatment provider (i.e. qualified addiction specialist,
7373 43licensed social worker, volunteer program, program contractor); (ix) The number of prisoners
7474 44with SUD diagnosed with each enumerated co-occurring mental health disorder; (x) The
7575 45educational and specific training requirements for staff assigned to work with prisoners in SUD
7676 46programs including: (1) The number of licensed clinicians employed in each program; (2) Staff
7777 47to prisoner ratio; and (3) The treatment modalities used (xi) Search results of inmates, staff and
7878 48visitors including (1) Frequency of scheduled and random inmate searches and results as entered
7979 49into the IMS database; (2) Searches of staff members and visitors including search of the day
8080 50results, etc. as documented in the IMS database; (3) Staff search reports reported by the Office
8181 51of Investigative Services and/or the Office of Internal Affairs
8282 52 (f) The oversight committee shall meet at least quarterly and shall publish a report
8383 53compiling information gathered through parts (c), (d), and (e) of this section annually, with the 4 of 4
8484 54first report being published within one year of the passage of this Act. The oversight committee
8585 55shall make said report publicly available and shall deliver copies of said report to all relevant
8686 56legislative committees.
8787 57 (g) The report of the Rehabilitative Oversight Committee shall offer recommendations
8888 58concerning the impact of substance use as it relates to health, rehabilitation, discipline,
8989 59overdoses, and drug contraband. The recommendations shall include, but are not limited to: (i)
9090 60Recommendations regarding modifications, additions, and elimination of offender treatment and
9191 61programming; (ii) Recommendations regarding how the department and each sheriff can ensure
9292 62that prisoners experience continuity in treatment and programming; (iii) Recommendations
9393 63regarding how the department and each sheriff can deliver more meaningful treatment and
9494 64programing; (iv) Recommendations regarding alternatives to disciplining prisoners for
9595 65infractions stemming from substance use disorders; and (v) Recommendations regarding existing
9696 66policies that seek to limit the introduction of contraband, including but not limited to visitation
9797 67restrictions, and whether such policies are effective at reducing substance use.