Text of MA S 1660 (2025)

1 of 1 SENATE DOCKET, NO. 297 FILED ON: 1/10/2025 SENATE . . . . . . . . . . . . . . No. 1660 The Commonwealth of Massachusetts _________________ PRESENTED BY: Julian Cyr _________________ 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 to promote rehabilitation including guaranteed health, treatment, and safety for incarcerated LGBTQI+ People. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: Julian Cyr Cape and Islands 1 of 8 SENATE DOCKET, NO. 297 FILED ON: 1/10/2025 SENATE . . . . . . . . . . . . . . No. 1660 By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1660) of Julian Cyr for legislation to promote rehabilitation including guaranteed health, treatment, and safety for incarcerated LGBTQI+ people. Public Safety and Homeland Security. [SIMILAR MATTER FILED IN PREVIOUS SESSION SEE SENATE, NO. 1499 OF 2023-2024.] The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ An Act to promote rehabilitation including guaranteed health, treatment, and safety for incarcerated LGBTQI+ People. 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. Section 1 of chapter 125 of the General Laws, as appearing in the 2022 2 Official Edition, is hereby amended by inserting the following definitions:-  3 “Consensual”, free from fraud, force, or coercion, provided, however, that relations 4 involving correctional officers and incarcerated persons shall not be deemed consensual.  5 "General Population", any housing placement where an incarcerated person is not held in 6 restrictive housing. In no event shall any general population unit have conditions that are similar 7 to or more restrictive than restrictive housing. These conditions shall include an incarcerated 8 person’s access to: out of cell time; the yard, gym, and other recreational spaces; the law library; 9 religious services; canteen; all personal property; visitation, including both the total available 2 of 8 10 visitation time and the opportunity for contact visits; telephones and video visits; opportunities to 11 earn a wage, and opportunities to earn good time. All such access shall be maximized as much as 12 possible.   13 “Incarcerated Person”, inmate or prisoner.  14 “LGBTQI+”, lesbian, gay, bisexual, transgender, queer, intersex or not conforming to a 15 specific gender identity or sexual orientation. 16 SECTION 2. Section 13 of said chapter 125, as so appearing, is hereby amended by 17 adding the following paragraph:-  18 The superintendent of each state correctional facility and administrator of each county 19 correctional facility shall designate 1 staff member as the LGBTQI+ coordinator. The LGBTQI+ 20 coordinator shall: (i) ensure compliance with housing compatibility standards; (ii) coordinate 21 education, employment, and program placement for incarcerated persons who are LGBTQI+, as 22 defined in section 1 of chapter 127; (iii) support self-facilitated LGBTQ+ groups and leisure 23 activities as defined in section 32C; (iv) after consulting with incarcerated persons, ensure at 24 least one periodical is available in each institutional library pertaining to living well with HIV 25 and at least one periodical pertaining to the LGBTQI+ community, and (v) perform other 26 necessary responsibilities. The LGBTQI+ coordinator shall not be the institutional PREA officer 27 appointed pursuant to section 32B of chapter 127. 28 SECTION 3. Section 1 of chapter 127 of the General Laws, as so appearing, is hereby 29 amended by inserting the following definitions:-  3 of 8 30 “Consensual”, free from fraud, force, or coercion, provided, however, that relations 31 involving correctional officers and incarcerated persons shall not be deemed consensual.  32 "General Population", any housing placement where an incarcerated person is not held in 33 restrictive housing. In no event shall any general population unit have conditions that are similar 34 to or more restrictive than restrictive housing. These conditions shall include an incarcerated 35 person’s access to: out of cell time; the yard, gym, and other recreational spaces; the law library; 36 religious services; canteen; all personal property; visitation, including both the total available 37 visitation time and the opportunity for contact visits; telephones and video visits; opportunities to 38 earn a wage, and opportunities to earn good time. All such access shall be maximized as much as 39 possible.   40 “Incarcerated Person”, inmate or prisoner.  41 “LGBTQI+”, lesbian, gay, bisexual, transgender, queer, intersex or not conforming to a 42 specific gender identity or sexual orientation. 43 SECTION 4. Said chapter 127 is hereby amended by adding the following 3 sections:-  44 Section 16A: Each correctional facility shall ensure that an incarcerated person that 45 requests access to medication to prevent the transmission of HIV be provided such medication at 46 no cost to the incarcerated person, provided further, that reasons for requesting said medication 47 shall be kept confidential between the medical provider and incarcerated person and not be 48 shared with security or administrative staff, provided however, that said medication shall only be 49 provided if clinically appropriate. 4 of 8 50 Section 16B: Each correctional facility shall ensure that any incarcerated person 51 prescribed medication to prevent the transmission of HIV or to control and manage HIV, 52 whether held on pre-trial or committed status, shall be provided a thirty day supply upon release 53 from custody.  54 Section 16C: Each correctional facility shall ensure that an incarcerated person prescribed 55 medication to control and manage HIV shall be permitted to keep said medication on their 56 person or in their cell to ensure regular and timely dosage of said medication. 57 SECTION 5. Said chapter 127 is hereby amended by inserting after section 21 the 58 following section:-  59 Section 21A. Upon intake at a correctional facility, each incarcerated person shall be 60 provided an opportunity to voluntarily disclose their sexual orientation and gender identity, 61 provided further that this information may be disclosed and documented at any time. The 62 information provided shall only be made available to the LGBTQI+ coordinator and any other 63 staff persons designated by the commissioner of correction or sheriff; provided, however that the 64 commissioner and sheriffs shall minimize access to sensitive information. Aggregated data on 65 the number of incarcerated persons who voluntarily disclosed their sexual orientation and gender 66 identity shall be made publicly available on an annual basis for each correctional facility; 67 provided, however, that the report shall not include any personally identifiable information.  68 SECTION 6. Section 22 of said chapter 127, as so appearing, is hereby amended by 69 adding the following paragraph:-  70 Upon intake at a correctional facility, each incarcerated person shall be provided an 71 opportunity to voluntarily disclose homophobic or transphobic sentiments, provided further that 5 of 8 72 this information may be disclosed and documented at any time. Anyone who discloses, is 73 reasonably reported to harbor, or demonstrates behavior consistent with homophobic or 74 transphobic sentiments shall not be housed in the same cell or housing unit as someone who 75 identifies as LGBTQI+; provided that no person shall be punished for disclosure or 76 nondisclosure of such information. Information obtained consistent with this section shall not be 77 shared with the Department of Probation or the Parole Board.  78 SECTION 7. Said chapter 127 is hereby amended by inserting after section 32A the 79 following 2 sections:- 80 Section 32B. For the purposes of this section, the term “superintendent” shall mean the 81 superintendent of each state correctional facility and administrator of each county correctional 82 facility. 83 Each correctional facility shall make anonymized, aggregate data related to the federal 84 Prison Rape Elimination Act of 2003, codified in 34 U.S.C. §§ 30301 to 30309, inclusive, 85 hereinafter PREA, publicly available on their website annually. 86 For each PREA investigation conducted, the correctional facility shall make publicly 87 available on their website the factual basis for the PREA investigation, including, but not limited 88 to, whether it was initiated by staff, an incarcerated person, or a third party. In addition, the 89 factual basis upon which it was initiated shall include a detailed description of the alleged 90 incident, who initiated the investigation, whether the investigated behavior was consensual, and 91 the general location of the alleged incident, provided further, the department will report on the 92 race, age, disability status, sexual orientation and gender identity of incarcerated persons 93 involved delineated by whether they were a victim, perpetrator, or consensual party to said 6 of 8 94 investigated behavior; provided however, that the detailed description of the complaint shall not 95 include any personally identifiable information of incarcerated persons.  96 For each PREA investigation conducted, each correctional facility shall make publicly 97 available on their website a detailed summary of the investigation and factual basis for the 98 investigatory outcome including the evidence relied upon and steps taken to respond to the 99 allegation; provided however, that the detailed summary of the investigation shall not include 100 any personally identifiable information of incarcerated persons. 101 Annually, each correctional facility shall make publicly available on their website all 102 documents normally provided to the federal Bureau of Justice Statistics pursuant to 34 U.S.C. § 103 30303; provided however, that said documents shall not include any personally identifiable 104 information of incarcerated persons. 105 All formal or informal institutional grievances and federal Americans With Disabilities 106 Act requests related to sexual violence or the general wellbeing of LGBTQI+ persons and those 107 living with HIV  shall be redacted and made publicly available on each correctional facility’s 108 website; provided, that said documents shall not include any personally identifiable information 109 of incarcerated persons.   110 Section 32C.  Each correctional facility shall provide meaningful opportunities for 111 LGBTQI+ incarcerated persons to: (i) congregate; (ii) form and self-facilitate self-help groups; 112 (iii) receive LGBTQI+ themed literature in the institutional library, including one commonly 113 read periodical about living well with HIV and one commonly read periodical about the 114 LGBTQI+ community; (iv) watch LGBTQI+ movies free of charge; and (v) celebrate June as 7 of 8 115 pride month. Provided further, each correctional facility shall allow visitors to participate in 116 subsection (ii) and subsection (v).  117 SECTION 8. Section 38F of said chapter 127, as so appearing, is hereby amended by 118 adding the following sentence:- Any claim that is directly related to sexual violence by an 119 incarcerated person that may be the subject of a grievance pursuant to said section 38E shall be 120 deemed exhausted.  121 SECTION 9. Section 39A of said chapter 127, as so appearing, is hereby amended by 122 striking out subsection (c) and inserting in place thereof the following subsection:- 123 (c) The fact that an incarcerated person identifies as LGBTQI+ shall not be grounds for 124 placement in restrictive housing or removal from the general population, provided however, that 125 an incarcerated person may request to be removed from the general population for their own 126 safety at any time.  127 SECTION 10. Section 39A of said chapter 127, as so appearing, is hereby further 128 amended by striking out subsection (f) and inserting in place thereof the following 4 129 subsections:- 130 (f) No incarcerated person shall be placed in restrictive housing or removed from general 131 population for reporting an act of sexual violence in good faith, provided that an incarcerated 132 person may request to be removed from general population for their own safety at any time.  133 (g) No incarcerated person who engages in consensual sex shall be removed from general 134 population. Provided further, such behavior shall not be grounds for removal of visitation, or 8 of 8 135 phone privileges, provided further, any guilty finding on a disciplinary report shall not be used in 136 determining the classification status or parole eligibility of an incarcerated person.  137 (h) Public displays of affection, including but not limited to handshakes, hugs, touching 138 of another's hair and other forms of non-sexual contact, shall not be subject to disciplinary 139 action, nor shall such incidents be used as a basis to punish or penalize an incarcerated person in 140 any way. 141 (i) An incarcerated person shall not be confined to restrictive housing except pursuant to 142 section 39 or this section.