Text of MA H 2325 (2024)

1 of 1 HOUSE DOCKET, NO. 2972 FILED ON: 1/19/2023 HOUSE . . . . . . . . . . . . . . . No. 2325 The Commonwealth of Massachusetts _________________ PRESENTED BY: Brandy Fluker Oakley _________________ 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 related to rehabilitation, re-entry, and human rights for incarcerated persons. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: DATE ADDED: Brandy Fluker Oakley 12th Suffolk 1/19/2023 Lindsay N. Sabadosa 1st Hampshire 1/19/2023 Bud L. Williams 11th Hampden 1/20/2023 Danillo A. Sena 37th Middlesex 1/25/2023 Russell E. Holmes 6th Suffolk 1/25/2023 Mindy Domb 3rd Hampshire 1/31/2023 John J. Cronin Worcester and Middlesex 2/7/2023 Michelle M. DuBois 10th Plymouth 2/7/2023 Joanne M. Comerford Hampshire, Franklin and Worcester 2/9/2023 Thomas M. Stanley 9th Middlesex 2/10/2023 Erika Uyterhoeven 27th Middlesex 2/22/2023 Rebecca L. Rausch Norfolk, Worcester and Middlesex 2/23/2023 Samantha Montaño 15th Suffolk 2/25/2023 Michelle L. Ciccolo 15th Middlesex 3/2/2023 1 of 6 HOUSE DOCKET, NO. 2972 FILED ON: 1/19/2023 HOUSE . . . . . . . . . . . . . . . No. 2325 By Representative Fluker Oakley of Boston, a petition (accompanied by bill, House, No. 2325) of Brandy Fluker Oakley and others for legislation to maximize out-of-cell time and opportunities for incarcerated people to attend education, training, employment, and other programs. Public Safety and Homeland Security. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ An Act related to rehabilitation, re-entry, and human rights for incarcerated persons. 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. Chapter 127, as appearing in the 2020 Official Edition, is hereby amended 2 by inserting the following new section immediately after section 48B:- 3 Section 48C: 4 (a) Definitions. For purposes of this section, the following definitions apply: 5 “Cell” means any room, area, or space that is not a shared space conducive to 6 meaningful, regular, and congregate social interaction among many people in a group setting, 7 where an individual is held for any purpose. 8 “Congregate” means more than one person together in a space without barriers between 9 them. 2 of 6 10 “Out of cell” means a space outside of, and in an area away from, a cell, in a group 11 setting with other people all in the same shared space without physical barriers, conducive to 12 meaningful and regular social interaction and activity. 13 (b) The commissioner and administrators of state prisons and county facilities shall, by 14 the effective date of this legislation, promulgate regulations to maximize out of cell time and 15 opportunities for participation of incarcerated people in education, training, employment, and all 16 other programming including programming related to rehabilitation, health care, and substance 17 use. At a minimum, the commissioner and administrators of state prisons and county facilities 18 shall ensure that: 19 (1)All incarcerated people shall have the opportunity to access at least one hour of 20 congregate programming per day which is eligible for good conduct deductions under Mass. 21 Gen. Laws chapter 127 section 129D. Programming in addition to the one hour daily required by 22 this section shall be maximized and may include individual tablet-based programming as well as 23 other individual and congregate programming. 24 (2)All incarcerated people shall have the opportunity to access vocational and educational 25 training and work opportunities, including in the community. Community partnerships for 26 vocational training shall be maximized, and vocational training shall be updated in accordance 27 with evolving community needs to increase the potential for successful re-entry. 28 (3)All incarcerated people shall have the opportunity to earn good conduct deductions 29 pursuant to Mass. Gen. Laws chapter 127 section 129D every month through a combination of 30 in-person and virtual education, vocational, and rehabilitation programming and work. 3 of 6 31 (4)All incarcerated people shall have the opportunity to create organizations and affinity 32 groups for peer support, peer-led programming, and self-improvement. 33 (5)Except for operational emergencies, all incarcerated people shall be offered at least 34 eight hours out of cell per day. Incarcerated people shall not be handcuffed, shackled, restrained 35 to a chair or table, or otherwise restrained during out of cell time. 36 (6)All incarcerated people shall have access to at least one hour of congregate fresh air 37 recreation outdoors where they can reasonably move around, exercise and have social interaction 38 without physical barriers or mechanical restraints per day. Weather permitting, this recreation 39 shall be offered in an uncovered location. 40 (7)All incarcerated people shall be treated with dignity and cultural sensitivity and shall 41 not be discriminated against on the basis of age, race, ethnicity, sexuality, gender identity, 42 citizenship status, disability, alleged or charged crime. 43 (8)All incarcerated people shall receive access to in-person visitations at least in 44 accordance with Mass. Gen. Laws chapter 127 section 36C. 45 (9)All incarcerated people shall have access to commissary on a weekly basis that is 46 appropriate for their race, culture and gender identity, and commissary shall not be restricted 47 unless the Superintendent makes an individualized determination that such restriction is 48 necessary, explained in writing. Prices for items shall be in line with community prices and state 49 or county correctional facilities shall not charge more than 3 percent over the purchase cost for 50 commissary items. Culturally, racially, gender appropriate, and gender affirming items shall be 51 made equally available as all other items. Incarcerated Black, Indigenous, and people of color 52 shall be permitted to provide input at least quarterly on what items are deemed racially and 4 of 6 53 culturally appropriate. Incarcerated women, transgender, and gender nonconforming people shall 54 be permitted to provide input at least quarterly on what items are deemed appropriate and 55 affirming for their gender identity. The catalogue of items shall be made accessible to 56 incarcerated people and the public. The department of correction and sheriffs shall maximize 57 opportunities to purchase commissary items in bulk and shall not receive revenue, financial 58 incentives or commissions, in any contract with suppliers of commissary items. Any service, 59 benefit or program for incarcerated people to which commissary commissions were specifically 60 designated in fiscal year 2023 including, but not limited to, the Inmate Benefit Fund, The Law 61 Library and the Central Program Account in the state prison system, shall be funded by the 62 department of correction and the sheriffs at not less than the level of funding in fiscal year 2023. 63 (10) All incarcerated people shall receive medical care, substance use disorder treatment, 64 and mental health care in line with the community standard of care, state regulations, and agency 65 contracts. 66 (11)All incarcerated people shall have access to water quality that meets the 67 Massachusetts Department of Environmental Protection's most recent standards and guidelines 68 for contaminants in Massachusetts drinking water, daily showers, and flushable toilets. 69 (12)All incarcerated people shall have access to a library where they can access legal and 70 other reading materials at least three times weekly. 71 (13)All correctional facilities must maintain temperatures in every habitable area of at 72 least 68°F, between 7:00 A.M. and 11:00 P.M, and at least 64°F, between 11:01 P.M. and 6:59 73 A.M. The temperature should at no time exceed 78°F. 5 of 6 74 (c) The Commissioner shall collect data from the counties and publish a snapshot report 75 on January first of each year with, for each state prison, county jail and house of correction, (1) 76 how many people are in custody (2) how many people are enrolled in an educational program, 77 and how many of those are earning good conduct deductions (3) how many people are enrolled 78 in a rehabilitative program, and how many of those are earning sentence reduction credits (4) 79 how many people are enrolled in vocational training, and how many of those are earning 80 sentence reduction credits (5) how many people are working in a community based job, 81 community based vocational program, or community based educational program and (6) how 82 many people have at least eight hours out of cell daily as defined by this section. 83 SECTION 2. Section 48 of Chapter 127, as appearing in the 2020 Official Edition, is 84 hereby amended by striking the second paragraph and inserting in place thereof the following:- 85 The commissioner shall ensure that each facility provide educational programs that earn high 86 school credit toward graduation, vocational classes, and high school equivalency classes and 87 certificate programming to all persons who are committed to the custody of the department or to 88 a county correctional facility who have not obtained a high school degree or equivalency. These 89 educational programs shall be provided regardless of classification or disciplinary status. The 90 commissioner shall ensure that each facility provide community college or four year college 91 programming for all students who have already received a high school diploma or equivalency 92 and who express interest in higher education. In addition to each such facility providing at least 93 one general high school equivalency (GED) class, each facility shall also include specialized, 94 age-appropriate educational classes for emerging adults, including all individuals ages 18 thru 95 25, for both individuals who have and have not obtained a high school degree or equivalency, 96 including but not limited to: (1) classes that earn credit toward high school graduation; (2) 6 of 6 97 special education classes and supports in line with the educational goals identified in students’ 98 individualized educational programs, (3) high school equivalency classes and testing 99 opportunities; (4) vocational education classes, (5) college and workforce readiness classes; and 100 (6) credit-bearing community college and college classes. All emerging adults shall have the 101 opportunity to access at least 4 hours of educational programming daily at least five days a week. 102 SECTION 3. This legislation shall come into effect 120 days after passage.