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Massachusetts Senate Bill S1725

Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1725 Compare Versions

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22 SENATE DOCKET, NO. 1630 FILED ON: 1/16/2025
33 SENATE . . . . . . . . . . . . . . No. 1725
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Liz Miranda
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 creating an independent correctional oversight office to facilitate the recommendations of
1313 the Special Legislative Commission on Structural Racism in Correctional Facilities of the
1414 Commonwealth.
1515 _______________
1616 PETITION OF:
1717 NAME:DISTRICT/ADDRESS :Liz MirandaSecond SuffolkRussell E. Holmes6th SuffolkJames B. EldridgeMiddlesex and Worcester2/10/2025Patricia D. JehlenSecond Middlesex2/26/2025 1 of 25
1818 SENATE DOCKET, NO. 1630 FILED ON: 1/16/2025
1919 SENATE . . . . . . . . . . . . . . No. 1725
2020 By Ms. Miranda, a petition (accompanied by bill, Senate, No. 1725) of Liz Miranda, Russell E.
2121 Holmes, James B. Eldridge and Patricia D. Jehlen for legislation to create an independent
2222 correctional oversight office to facilitate the recommendations of the Special Legislative
2323 Commission on Structural Racism in Correctional Facilities of the Commonwealth. Public
2424 Safety and Homeland Security.
2525 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2626 SEE SENATE, NO. 1545 OF 2023-2024.]
2727 The Commonwealth of Massachusetts
2828 _______________
2929 In the One Hundred and Ninety-Fourth General Court
3030 (2025-2026)
3131 _______________
3232 An Act creating an independent correctional oversight office to facilitate the recommendations of
3333 the Special Legislative Commission on Structural Racism in Correctional Facilities of the
3434 Commonwealth.
3535 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3636 of the same, as follows:
3737 1 SECTION 1. FACT FINDING
3838 2 Whereas, the Special Legislative Commission on Structural Racism in Correctional
3939 3Facilities of the Commonwealth Final Report finds:
4040 4 (a)Structural racism exists within Massachusetts Corrections resulting in the
4141 5disparate treatment and impact of Black, Indigenous, and People of Color (BIPOC) including
4242 6incarcerated individuals, correctional staff and other intersecting identities including LGBTQ+,
4343 7immigrant status, language, etc. 2 of 25
4444 8 (b)Structural racism within Massachusetts correctional facilities manifests in four
4545 9forms:
4646 10 1. Institutional Racism – this form of racism includes policies, procedures and
4747 11cultural practices of Massachusetts corrections that perpetuate racial inequality. Such inequalities
4848 12are most prominent in healthcare education, access, diagnosis, and treatment; services to BIPOC
4949 13immigrants and English Language Learners; cultural and ethnic affinity group programming and
5050 14services; job and workforce development opportunities; data systems tracking staff and
5151 15incarcerated individual experiences; and the lack of transparency in budgeting and decision-
5252 16making;
5353 17 2. Systemic Racism – the joint operation of institutions (i.e. institutional
5454 18arrangements and interactions) operating within and in conjunction with Massachusetts
5555 19corrections that produce racialized outcomes, even in the absence of racist intent;
5656 20 3. Interpersonal Racism – the individual interactions of Correctional community
5757 21members, including incarcerated persons and correctional staff, within Massachusetts corrections
5858 22that result in the disparate treatment of BIPOC correctional community members, including
5959 23incarcerated persons and staff; and
6060 24 4. Internalized Racism – includes individual and community attitudes, beliefs and
6161 25prejudices about race held by Massachusetts corrections community members that result in
6262 26disparate treatment and impact of BIPOC correctional community members, including
6363 27incarcerated persons and correctional staff.
6464 28 Whereas, the Special Legislative Commission on Structural Racism in Correctional
6565 29Facilities of the Commonwealth recommends enactment of legislation mandating the creation of 3 of 25
6666 30a robust data systems, analysis and reporting with independent oversight to allow for the
6767 31collection and analysis of racial demographics disaggregated by age, race and ethnicity,
6868 32language, sex, gender identity, and sexual orientation; to track and monitor the experiences of
6969 33BIPOC correctional community members in the day-to-day operations of corrections; and gauge
7070 34progress dismantling structural racism in Massachusetts Corrections.
7171 35 SECTION 2. The General Laws are hereby amended by inserting after section 15 of
7272 36chapter 12A: Office of Inspector General the following:
7373 37 Chapter XX
7474 38 INDEPENDENT CORRECTIONAL OVERSIGHT OF MATTERS RELATING TO
7575 39STRUCTURAL RACISM
7676 40 Section 1. Short Title – Correctional Oversight to End Structural Racism
7777 41 Section 2. Definitions
7878 42 As used in this chapter, unless the context otherwise indicates, the following terms have
7979 43the following meanings:
8080 44 “administrator” means a person charged with administration of a program, an office, or a
8181 45division of the department or administration of a private agency;
8282 46 “BIPOC” referring to Black, Indigenous and People of Color;
8383 47 “correctional community members” means incarcerated persons and correctional staff
8484 48who identify as Black, Indigenous Person of Color; 4 of 25
8585 49 “correctional facility”, any building, enclosure, space, structure, or vehicle used for the
8686 50custody, control and rehabilitation of committed offenders or of such other persons as may be
8787 51placed in custody therein in accordance with law regardless of whether the facility is owned,
8888 52operated, or controlled by a county sheriff or by the department of correction; provided however,
8989 53this shall not include the facilities operated by the department of youth services;
9090 54 “department” means the Massachusetts Department of Corrections
9191 55 “incarcerated person”, a committed offender or such other person as is placed in custody
9292 56in a correctional facility in accordance with law;
9393 57 “Private agency” means an entity that contracts with the department or contracts to
9494 58provide services to another entity that contracts with the department; and
9595 59 “Record” means any recording in written, audio, electronic transmission, or computer
9696 60storage form, including, but not limited to, a draft, memorandum, note, report, computer printout,
9797 61notation, or message, and includes, but is not limited to, medical records, mental health records,
9898 62case files, clinical records, financial records, and administrative records.
9999 63 Section 2: Establishment of office; appointment; removal of anti-racism correctional
100100 64inspector general
101101 65
102102 66 There is hereby established an anti-racism division of the office of inspector general, the
103103 67Inclusion, Diversity, Anti-Racism, and Equity Unit, hereinafter called IDAREU.
104104 68 There shall be in said office an anti-racism corrections inspector general, who shall be the
105105 69administrative head of said office and shall devote full-time to the duties of the office. The anti- 5 of 25
106106 70racism corrections inspector general shall be appointed by a majority vote of the attorney
107107 71general, the state auditor and the chair of the Black and Latino caucus and confirmed by a
108108 72majority vote of the community council.
109109 73 Any person appointed to the position of anti-racism corrections inspector general shall be
110110 74selected without regard to political affiliation and solely on the basis of integrity and knowledge
111111 75of restorative justice, offender rehabilitation, expertise in the area of structural racism including
112112 76experience designing and implementing anti-racist strategies, tools, and materials and
113113 77demonstrate ability in statistics, law, management, public administration, investigation, criminal
114114 78justice administration or other closely related fields.
115115 79 Any person so appointed shall be a civilian and shall not have been or have any
116116 80immediate family members who were previously employed in the department of correction,
117117 81employed in any county sheriff office, or served as a sheriff. Any person so appointed shall be a
118118 82resident of the commonwealth within 90 days of appointment and shall not: (i) hold, or be a
119119 83candidate for, federal, state or local elected office; (ii) hold an appointed office in a federal, state,
120120 84or local government; or (iii) serve as an official in a political party.
121121 85 The anti-racism correctional inspector general shall serve for a term of five years. In case
122122 86of a vacancy in the position of anti-racism correctional inspector general, his or her successor
123123 87shall be appointed in the same manner for the unexpired term. No person shall be appointed for
124124 88more than two five-year terms. Appointing authorities shall make due efforts to assure that
125125 89BIPOC persons and impacted community members have notice when the anti-racism corrections
126126 90inspector general position is vacant. 6 of 25
127127 91 The person so appointed may be removed from office, but only for just cause, by a
128128 92majority vote of the attorney general, the state auditor, the chair of the Black and Latino caucus
129129 93and by quorum of members of the community council. Such cause may include substantial
130130 94neglect of duty, gross misconduct or conviction of a crime. The reasons for removal of the anti-
131131 95racism corrections inspector general shall be stated in writing. Such writing shall be sent to the
132132 96clerk of the senate, the clerk of the house of representatives and to the attorney general at the
133133 97time of the removal and shall be deemed to be a public document.
134134 98 Section 3. Anti-racism corrections inspector general community council; establishment
135135 99There shall be an anti-racism corrections inspector general community council. Council
136136 100appointments shall be made before the appointment of the anti-racism corrections inspector
137137 101general.
138138 102 The council shall consist of nine members including the attorney general or a designee,
139139 103the state auditor or a designee, an attorney designee of Prisoners’ Legal Services of
140140 104Massachusetts,
141141 105
142142 106 one member shall be appointed by the speaker of the house of representatives, one
143143 107member shall be appointed by the president of the senate, one member shall be appointed by the
144144 108judiciary committee, one member shall be appointed by the women’s committee and two
145145 109members shall be appointed by the Black and Latino caucus. Additionally, the council may
146146 110designate five additional members to expand its expertise.
147147 111 At least one member of the council shall be an immediate family member of an
148148 112incarcerated person serving in a department correctional facility at the time of their appointment; 7 of 25
149149 113at least one additional member shall be an immediate family member of an incarcerated person
150150 114who served in a county correctional facility within the last five years at the time of their
151151 115appointment; at least one additional member shall be a formerly incarcerated person who served
152152 116in a department correctional facility within the last five years at the time of their appointment; at
153153 117least one additional member shall be a formerly incarcerated person who served in a county
154154 118correctional facility within the last five years at the time of their appointment.
155155 119 Any person so appointed shall not have been or have any immediate family members
156156 120who were previously employed in the department of correction, employed in any county sheriff
157157 121office, or served as a sheriff. Any person so appointed shall not: (i) hold, or be a candidate for,
158158 122federal, state or local elected office; (ii) hold an appointed office in a federal, state, or local
159159 123government; or (iii) serve as an official in a political party.
160160 124 At least six community council members shall be directly impacted by structural racism.
161161 125 Appointing authorities shall make due effort to assure BIPOC populations have notice
162162 126when council positions are vacant.
163163 127 The appointive members shall serve for a term of five years and shall be compensated for
164164 128work performed for the anti-racism corrections inspector general council at such rate as the
165165 129secretary of administration shall determine and shall be reimbursed for expenses necessarily
166166 130incurred in the performance of their duties. The anti-racism corrections inspector general shall
167167 131meet with the council at least quarterly and may consult or request the assistance of members of
168168 132the anti- racism community council with respect to the duties and responsibilities of the office.
169169 133 Section 4. Employees, partisan activity, funding 8 of 25
170170 134 The anti-racism corrections inspector general may, subject to appropriation, appoint and
171171 135may remove such employees, as he deems necessary to perform the duties of his office.
172172 136 With the exception of the attorney general, and the state auditor, no member of the anti-
173173 137racism corrections inspector general council or officer or employee of IDAREU shall hold, or be
174174 138a candidate for, any elective public office while an officer or employee, or for three years
175175 139thereafter, nor shall he hold office in any political party or political committee, or participate in
176176 140any political campaign of any candidate for public office while an officer or employee.
177177 141
178178 142 The anti-racism inspector general, with the advice and consent of the inspector general
179179 143and the anti-racism corrections community council may apply for and receive federal funds in
180180 144order to fulfill the duties and responsibilities of the office.
181181 145 Section 5: Purpose
182182 146 IDAREU shall act to dismantle structural racism and ensure the equitable treatment of all
183183 147prisoners and correctional staff in the day-to-day operations of Massachusetts corrections by
184184 148assuring accountability, transparency and compliance with anti-racism standards as established
185185 149by the office.
186186 150 Section 6: Duties
187187 151 (a)The anti-racist corrections inspector general may investigate, inspect, examine,
188188 152review, or otherwise assess any aspect of corrections facilities or systems as it relates to the day-
189189 153to-day operations or conditions including, but not limited to:
190190 154 1) canteen, inmate benefit funds and disbursements; 9 of 25
191191 155 2) searches including cell searches, pat searches, strip or bodily searches;
192192 156 3) classification;
193193 157 4) covid-19;
194194 158 5) educational, vocational and other programming;
195195 159 6) institutional employment and re-instatement of employment upon discipline;
196196 160 7) gang designation;
197197 161 8) staff recruitment, training, supervision, and discipline;
198198 162 9) food services;
199199 163 10)inmate funds;
200200 164 11)mail distribution and dissemination;
201201 165 12)incarcerated person deaths, injuries, or harassment;
202202 166 13)housing
203203 167 14)incidents of assault, battery, or sexual misconduct;
204204 168 15)medical or mental health care, including care provided to incarcerated persons by
205205 169third parties;
206206 170 16)violence among incarcerated persons;
207207 171 17)conditions of confinement;
208208 172 18)incarcerated person disciplinary processes; 10 of 25
209209 173 19)incarcerated person grievance processes;
210210 174 20)substance use disorder treatment;
211211 175 21)family visitation and communication practices;
212212 176 22)rehabilitation, reentry, and integration practices;
213213 177 23)Misidentification;
214214 178 24)personal property;
215215 179 25)re-entry Services; and
216216 180 26)use of force.
217217 181
218218 182 (b)The anti-racism corrections inspector general shall review legislation and
219219 183regulations relating to programs and operations of corrections and shall make recommendations
220220 184concerning the effect of such legislation or regulation in an effort to dismantle structural racism.
221221 185 (c)The anti-racism corrections inspector general may utilize resources necessary to
222222 186effectively perform its duties, including but not limited to, conducting interviews with
223223 187incarcerated community member(s) without molestation from the department or county, and
224224 188utilizing such tools as surveys, documents, records, reports, statistics, studies, etc. to develop and
225225 189implement minimum anti-racism standards and policies in corrections.
226226 190 (d)The anti-racism corrections inspector general shall conduct a comprehensive
227227 191review of all correction records and data collection processes for the purpose of establishing and 11 of 25
228228 192implementing a statewide uniform racial data collection system. The data collected shall be
229229 193disaggregated by age, race, ethnicity, language, sex, gender identity, and sexual orientation.
230230 194IDAREU shall determine areas in which race data is collected; such areas shall include but not
231231 195be limited to those areas listed above in Section 6(a). Such data shall be used to track and
232232 196monitor the day-to-day operations of the department and county and to alleviate the adverse
233233 197impact of structural racism and ensure correctional compliance with applicable laws, regulations
234234 198and policies as related to the health, safety, welfare, and rehabilitation of incarcerated persons.
235235 199The review shall include an initial, comprehensive review of the DOCs software and systems
236236 200used to collect data. All data shall be collected retroactively, at least 10 years prior.
237237 201 (e)The anti-racism corrections inspector general shall investigate thoroughly and
238238 202completely, all grievances and complaints alleging disparate treatment or impact of BIPOC
239239 203correctional community members. Such investigations shall be performed independently without
240240 204regard for department and county processes or findings.
241241 205 (f)The anti-racism corrections inspector general shall regularly confer with the anti-
242242 206racism corrections inspector general community council and its designees for input into the
243243 207office’s activities and priorities. Additional input shall be sought from impacted community
244244 208members at large, which shall include a minimum quarterly public meeting.
245245 209 (g)The anti-racism inspector general shall work to identify other state agencies
246246 210responsible for investigating, auditing, reviewing, or evaluating the management and operation
247247 211of state agencies, and coordinate with these agencies to share information in the furtherance of
248248 212this office’s duties. 12 of 25
249249 213 (h)The anti-racism corrections inspector general shall maintain, monitor, and provide
250250 214a system of response for a statewide toll-free telephone number, a collect telephone number, a
251251 215website, and a mailing address for the receipt of grievances, complaints and inquiries relating to
252252 216structural racism in corrections.
253253 217 (i)The anti-racism corrections inspector general shall provide, information to
254254 218incarcerated persons, representatives of incarcerated persons, agencies working with incarcerated
255255 219persons, impacted family members, and department and county staff, as it relates to the duties
256256 220and functions of the offices
257257 221 (j)The anti-racism corrections inspector general may identify and implement ways in
258258 222which management functions can better assist in the performance of the duties and functions of
259259 223the office.
260260 224 Section 7. Powers and enforcement, access to facilities
261261 225 (a)The office shall be independent of any supervision or control by any executive
262262 226agency.
263263 227 (b)The office shall have all powers necessary or convenient to carry out and
264264 228effectuate its purposes, including, but not limited to, the power to:
265265 229 1) Survey all prisoners housed in the department and county to establish baseline
266266 230racial data, including surveying incarcerated persons to allow for an independent assessment of
267267 231the racial make-up and other identities of incarcerated persons;
268268 232 2) Initiate and conduct investigations to carry out and effectuate its purpose; 13 of 25
269269 233 3) Identify systemic issues and responses relating to dismantling structural racism in
270270 234corrections upon which the department and county shall implement;
271271 235 4) Identify systemic issues and responses relating to dismantling structural racism in
272272 236corrections upon which the Governor, Legislature, Attorney General or other authorities as
273273 237identified by the office shall act;
274274 238 5) Recommend and facilitate the implementation of minimum statewide anti-racism
275275 239standards for correctional operations;
276276 240 6) Hire and employ staff to perform duties and exercise the same powers as the anti-
277277 241racism corrections inspector general;
278278 242 7) Ensure compliance with relevant statutes, rules, regulations, and policies
279279 243concerning corrections facilities, services, and treatment of incarcerated persons under the
280280 244jurisdiction of the department and within each county;
281281 245 8) Hire and employ staff or otherwise appoint designees to perform duties and
282282 246exercise the same powers as the anti-racism corrections inspector general;
283283 247 9) Enter into agreements or other transactions with a person, including, but not
284284 248limited to, a public entity or other governmental instrumentality or authority in connection with
285285 249its powers and duties of this office;
286286 250 10)Execute all instruments necessary or convenient for accomplishing the intended
287287 251purpose of this office; 14 of 25
288288 252 11)Enter into agreements or other transactions with a person, including, but not
289289 253limited to, a public entity or other governmental instrumentality or authority in connection with
290290 254the powers and duties of this office;
291291 255 12)Appear on its own behalf before boards, commissions, departments or other
292292 256agencies of municipal, state or federal government;
293293 257 13)Apply for and accept subventions, grants, loans, advances and contributions of
294294 258money, property, labor or other things of value from any source, to be held, used and applied for
295295 259its purposes; and
296296 260 14)Provide and pay for advisory services and technical assistance as may be
297297 261necessary in its judgment to carry out this chapter and fix the compensation of persons providing
298298 262such services or assistance.
299299 263
300300 264 (c)The anti-racism corrections inspector general, its employees, designee or
301301 265organizational member(s) of the community council working in furtherance of the office’s
302302 266intended purposes may enter any part or all of any place where prisoners in this state are kept and
303303 267shall be immediately admitted to such place as they desire.
304304 268 (d)The anti-racism corrections inspector general, its employees, designee or
305305 269organizational member(s) of the community council working in furtherance of the office’s
306306 270intended purposes may consult and confer with any prisoner(s), department and county
307307 271employees, privately and confidentially without molestation. Such communications may be both
308308 272formal and informal, in person, by video conference, by phone, and by mail. 15 of 25
309309 273 (e)The anti-racism corrections inspector general shall be authorized to hold public
310310 274hearings, to subpoena witnesses and documents, and to require that witnesses testify under oath.
311311 275 (f)The anti-racism corrections inspector general may make referrals to any other
312312 276civil or criminal enforcement authority as it may see fit.
313313 277 (g)Failure of the department or county to cooperate or otherwise interfere with the
314314 278performance of the duties of this office shall result in sanctions, fines or demotion. The office,
315315 279for just cause, may impose fines, demote correctional administrators and staff, or otherwise limit
316316 280correctional staff interactions with incarcerated persons and their property until such time
317317 281deemed necessary by the office. All determinations shall be made in writing and subject to
318318 282appeal and corrective action by the department or county within 90 days. The department or
319319 283county shall respond in writing to the determination to impose fines, sanctions or demotion of
320320 284staff within 30 days of the decision. Failure to respond shall make null and void the opportunity
321321 285for appeal by the department or county.
322322 286 Section 8. Division of the corrections ombuds.
323323 287 (a)There shall be within the office a division of the anti-racism corrections ombuds,
324324 288which is responsible for receiving and reviewing individual complaints.
325325 289 (b)The division shall remain neutral and impartial and shall not act as an advocate
326326 290for the complainant or for the department or county.
327327 291 (c)The division may receive complaints from incarcerated persons, family members
328328 292of incarcerated persons, representatives of incarcerated persons, department or county 16 of 25
329329 293employees, or any other source, regarding the disparate treatment and impact of structural
330330 294racism.
331331 295 (d)A person shall file a complaint without regard for the internal grievance,
332332 296administrative, or appellate procedures within the department or county. Such investigation may
333333 297be performed simultaneously to the internal processes of the department or county and shall not
334334 298be intended to substitute those internal processes.
335335 299 (e)The division, in its discretion, may decline to investigate any complaint.
336336 300 (f)If the division declines to investigate a complaint, the division shall notify the
337337 301complainant in writing of the decision not to investigate and the reasons for the decision.
338338 302
339339 303 (g)If the division decides to investigate a complaint, the division shall communicate
340340 304in writing the outcome to the incarcerated person or complainant, if any, and to the department or
341341 305county.
342342 306 (h)The division may not investigate any complaints relating to an incarcerated
343343 307person’s underlying criminal conviction.
344344 308 (i)The division may not investigate a complaint from a department or county
345345 309employee that relates to the employee's employment relationship with the department or county,
346346 310unless the complaint is related to the duties and functions of this office.
347347 311 (j)The division may refer complainants and others to appropriate resources,
348348 312agencies, or departments, including to appropriate law enforcement authorities. 17 of 25
349349 313 (k)The division may not levy any fees for the submission or investigation of
350350 314complaints.
351351 315 (l)The division shall monthly publish an anonymized report summarizing each
352352 316complaint received and the resolution of the complaint. The report shall include the facility to
353353 317which each complaint pertained. The data collected shall be disaggregated by age, race,
354354 318ethnicity, language, sex, gender identity, and sexual orientation.
355355 319 (m)The department and each county shall report all internal complaints received
356356 320through its internal grievance process to the division on a weekly basis.
357357 321 Section 9. Public disclosure following an investigation or inspection.
358358 322 (a)At the conclusion of an investigation or inspection, the corrections inspector
359359 323general shall produce a public report on the outcome of the investigation, which shall include any
360360 324recommendations to the department or county deemed necessary by the correctional inspector
361361 325general, except that the documents supporting the report are subject to the confidentiality
362362 326provisions of section 12.
363363 327 (b)If the corrections inspector general believes that there has been or continues to be
364364 328a significant threat to the health, safety, welfare, or rehabilitation of incarcerated persons, the
365365 329corrections inspector general shall promptly report the finding to the governor and the
366366 330appropriate committees of the legislature.
367367 331 (c)The anti-racism corrections inspector general may request to be notified by the
368368 332department, within a specified time, of any action taken on any recommendation presented. 18 of 25
369369 333Failure of the department or county to comply with this office’s recommendations may result in
370370 334fines or other penalties.
371371 335 (d)) The department or county shall, within thirty days, respond in writing about any
372372 336action taken on the recommendation or any additional action the department or county will take.
373373 337This written response shall include timelines for implementation. If the department or county
374374 338disputes the findings or recommendation, the department or county shall, within thirty days,
375375 339respond in writing with the reasons for not complying with the recommendation. This written
376376 340response shall be public, accessible through the Internet, and distributed to the media, legislature,
377377 341attorney general, and governor.
378378 342
379379 343 (e)Reports shall apply legal requirements, best correctional practices, and other
380380 344criteria to objectively and accurately review and assess a facility's policies, procedures,
381381 345programs, and practices for the purpose of identifying and dismantling structural racism in
382382 346corrections,
383383 347 (f)The correctional inspector general may redact a report for public release if, after
384384 348consultation with the department or county, such redaction may be necessary to protect the safety
385385 349or privacy of persons or the safe, secure, and orderly operation of correctional facilities.
386386 350 (g)Except as provided in paragraph (f), the corrections inspector general’s reports
387387 351shall be public, accessible through the Internet, and distributed to the media, legislature, attorney
388388 352general, and governor. 19 of 25
389389 353 (h)The corrections inspector general shall continue to assess and report on previously
390390 354identified problems and the progress made in resolving them until the problems are resolved.
391391 355These reports shall be public and accessible through the Internet.
392392 356 Section 10. Access to records, public disclosure, reporting
393393 357 (a)The anti-racism corrections inspector general has the right to access, inspect, and
394394 358copy any information, records, documents, or video or audio recordings in the possession or
395395 359control of the department or county that the anti-racism corrections inspector general considers
396396 360necessary. No claim of restriction or privilege under state law shall limit the anti-racism
397397 361corrections inspector general’s rights under this paragraph. The department or county shall assist
398398 362the corrections inspector general in obtaining any necessary releases for those documents which
399399 363are restricted or privileged under federal law.
400400 364 (b)Following a written demand from the anti-racism corrections inspector general,
401401 365the department or county shall provide the requested material within twenty days unless the anti-
402402 366racism corrections inspector general consents to an extension of that time frame. Any failure to
403403 367obey the request may be punished by imposition of fines or sanctions. Where the material
404404 368requested by the anti-racism corrections inspector general pertain to an incarcerated person’s
405405 369death, threats of bodily harm including, but not limited to, sexual or physical assaults, or the
406406 370denial of necessary medical treatment, the material shall be provided within five days unless the
407407 371anti-racism corrections inspector general consents to an extension of that time frame.
408408 372 (c)Upon notice and request by the anti-racism corrections inspector general, a state,
409409 373county, or municipal government agency, other than the department or a county sheriff, that has
410410 374information, records, documents, or video or audio recordings relevant to a complaint or an 20 of 25
411411 375investigation conducted by the anti-racism corrections inspector general shall provide the anti-
412412 376racism corrections inspector general with access to the material not later than twenty days unless
413413 377the anti-racism corrections inspector general consents to an extension of that time frame.
414414 378 (d)Disclosure of any information, records, documents, or video or audio recordings
415415 379in the possession or control of the department or county as requested by the anti-racism
416416 380corrections inspector general shall not be released to the public. The office may release
417417 381information from the department or county in the form of reports and other informational tools
418418 382developed by the office in performance of his duties and responsibilities.
419419 383
420420 384 (e)The anti-racism corrections inspector general shall work with the department or
421421 385county to minimize disruption to the departments or county’s operations due to the anti-racism
422422 386corrections inspector general activities and shall comply with the department’s or county's
423423 387security clearance processes, provided those processes do not, in the sole judgment of the anti-
424424 388racism corrections inspector general, impede the anti-racism corrections inspector general from
425425 389carrying out the duties and intended purpose of this office.
426426 390 (f)The anti-racism investigations, audits and reports relating to the administration of
427427 391the programs and operations of the department and county, and may make recommendations to
428428 392address any identified issues as it relates to dismantling structural racism.
429429 393 (g)At the conclusion of such investigation, the anti-racism corrections inspector
430430 394general shall produce a public report on the outcome of the investigation, which may include any
431431 395recommendations to the department or county. 21 of 25
432432 396 (c)Upon request by the anti-racism corrections inspector general, the department or
433433 397county shall, within the time specified, inform the anti-racism corrections inspector general about
434434 398any action taken on the recommendations or the reasons for not complying with the
435435 399recommendations and an anticipated timeline for completion. The department and county shall
436436 400be provided with a specified time when sanctions or fines may be imposed for any failure to
437437 401comply with the recommendations of the office.
438438 402 (d)The anti-racism inspector general shall make public the results of its findings after
439439 403reasonable notice to the department and county. Correctional administrators may be provided an
440440 404opportunity to review reports and provide feedback about them to the anti-racism corrections
441441 405inspector general before their dissemination to the public; provided, however that the release of
442442 406the reports is not subject to approval from any entity or person outside the office nor is it
443443 407contingent of the review of the report by the facility.
444444 408 (e)Reports shall apply legal requirements, best correctional practices, and other
445445 409criteria to objectively and accurately review and assess a facility's policies, procedures,
446446 410programs, and practices; identify systemic problems and the reasons for them; and recommend
447447 411possible solutions to those problems as it pertains to dismantling structural racism.
448448 412 Section 11. Annual and Interim Reports.
449449 413 (a)On or before September 15 of each year, the anti-racism inspector general shall
450450 414provide to the Legislature, the Governor, the Attorney General, and Community Council a
451451 415summary of reports and investigations made under the IDAREU for the preceding year. The
452452 416summary provided shall be provided electronically. The summaries shall include
453453 417recommendations and an update on the status of recommendations made in prior summaries, if 22 of 25
454454 418any. The recommendations may address issues discovered through investigations, evaluations,
455455 419surveys, inspections, reviews and other related means of performing the duties of this office that
456456 420will (1) increase accountability and legislative oversight of Massachusetts corrections,
457457 421
458458 422 (2) improve operations of the department and county, (3) deter and identify structural
459459 423racism in correction polices, practices, and regulations, and (4) identify inconsistencies between
460460 424statutory requirements and requirements as established by this office in an effort to dismantle
461461 425structural racism. The summaries shall not contain any confidential or identifying information
462462 426concerning the subjects of the reports and investigations.
463463 427 (b)Within the discretion of the anti-racism inspector general, summaries of reports,
464464 428investigations and other job functions in the furtherance of this offices purpose shall be published
465465 429on the office’s website and made accessible to incarcerated person quarterly.
466466 430 Section 12. Confidentiality of correspondence, communications, investigations
467467 431 (a)Correspondence and communication with the office is confidential and shall be
468468 432confidential and protected as privileged correspondence in the same manner as legal
469469 433correspondence or communication.
470470 434 (b)The office shall establish confidentiality rules and procedures for all information
471471 435maintained by the office.
472472 436 (c)The anti-racism corrections inspector general, its employees and designees shall
473473 437treat all matters under investigation, including the identities of complainants, and individuals
474474 438from whom information is acquired, as confidential, except as far as disclosures may be 23 of 25
475475 439necessary to enable the anti-racism corrections inspector general to perform the duties of the
476476 440office and to support any recommendations resulting from an investigation. Upon receipt of
477477 441information that by law is confidential or privileged, the anti-racism corrections inspector
478478 442general shall maintain the confidentiality of such information and shall not further disclose or
479479 443disseminate the information except as provided by applicable state or federal law or as
480480 444authorized by this section. All records exchanged and communications between the office and
481481 445the department or county to include the investigative record are confidential and are exempt from
482482 446public disclosure.
483483 447 (d)To the extent the anti-racism corrections inspector general reasonably believes
484484 448necessary, the anti-racism corrections inspector general:
485485 449 (1)Shall reveal information obtained in the course of providing anti-racism
486486 450corrections inspector general services to prevent reasonably certain death or substantial bodily
487487 451harm; and
488488 452 (2)May reveal information obtained in the course of providing anti-racism
489489 453corrections inspector general services to prevent the commission of a crime.
490490 454 (e)If the anti-racism corrections inspector general believes it is necessary to reveal
491491 455investigative records for any of the reasons outlined in subsection (d), the anti-racism corrections
492492 456inspector general shall provide a copy of what they intend to disclose to the department or
493493 457county. If the anti-racism corrections inspector general receives personally identifying
494494 458information about individual corrections staff during the course of an investigation that the anti-
495495 459racism corrections inspector general determines is unrelated or unnecessary to the subject of the
496496 460investigation or recommendation for action, the anti-racism corrections inspector general will not 24 of 25
497497 461further disclose such information. If the anti-racism corrections inspector general determines that
498498 462such disclosure is necessary to an investigation or recommendation, the anti-racism corrections
499499 463inspector general shall notify the staff member as well as the bargaining unit representative
500500 464before any disclosure.
501501 465 Section 13. Prevention of retaliation
502502 466 (a)Any person who has authority to recommend, approve, direct, or otherwise take
503503 467or affect action against incarcerated persons or correctional employees shall not, with respect to
504504 468such authority:
505505 469 1) Take any action against an incarcerated person or correctional employee because
506506 470of the disclosure of information by said person(s) to the office which the person(s) reasonably
507507 471believes evidences wrongdoing under the office;
508508 472 2) Take any action against an incarcerated person or correctional employee as a
509509 473reprisal for the submission of an allegation of wrongdoing to the office by such person(s); or
510510 474 3) Take any action against an incarcerated person or correctional employee as a
511511 475reprisal for providing information or testimony pursuant to an investigation by the office.
512512 476 (b)A civil action may not be brought against any employee of the office for good
513513 477faith performance of responsibilities under this chapter.
514514 478 (c)No discriminatory, disciplinary, or retaliatory action may be taken against a
515515 479department or county employee, subcontractor, or volunteer, an incarcerated person, or a family
516516 480member or representative of an incarcerated person for any communication made, or information 25 of 25
517517 481given or disclosed, to aid the office in carrying out its responsibilities, unless the communication
518518 482or information is made, given, or disclosed maliciously or without good faith.
519519 483 (d) This section is not intended to infringe on the rights of an employer to supervise,
520520 484discipline, or terminate an employee for other reasons.