Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide for the immediate takeover by the commonwealth from the counties of the maintenance and operation of jails and houses of correction in the several counties of the commonwealth, and to provide for immediate relief to the counties and cities and towns by relieving them of the said costs, and to integrate and coordinate said facilities into a statewide modern correctional system, and to relieve the serious overcrowding problems in the correctional institutions of the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The division of capital planning and operations is hereby authorized to expend fifty-eight million dollars for studies, the preparation of plans, the acquisition of land by purchase, gift, land exchange, eminent domain, lease or otherwise, and the construction, including furnishings and equipment, of a new facility in Suffolk county to replace the Suffolk county house of correction presently at Deer Island; provided, however, that such new facility shall have a capacity not to exceed five hundred seventy beds; provided, further, that no funds appropriated herein shall be expended for the purposes of replacing said Deer Island house of correction until such time as the city of Boston shall convey for consideration of one dollar to the division of capital planning and operations on behalf of the commonwealth, in deed approved as to form by the attorney general, the title to the land and buildings at the site of the Deer Island house of correction; provided, further, that the city of Boston is hereby authorized to convey such title to such land as provided herein; provided, further, that except for any portion of said land which may be needed for the construction of new wastewater treatment facilities at Deer Island, said land at said site shall be preserved as open space to mitigate the impact of the construction of said wastewater facilities; provided further, that said division is hereby authorized to acquire such land only at the site described in section two; provided, further, that the city of Boston shall convey to the commonwealth for consideration of one dollar title to property owned by said city within said site in accordance with said section two; provided further, that control and possession of said Deer Island house of correction shall remain with the city of Boston until such time as said replacement facility is constructed and until all occupants of the present facility have been removed; provided further, that the employment status of the current employees of the Deer Island house of correction shall be in no way impaired or altered by the provisions of this act; provided, further, that said replacement facility shall include housing for female prisoners sufficient to meet the needs of the region; and provided, further, that said facility shall include housing units at all security levels.

SECTION 2. The replacement facility for the Suffolk county house of correction presently at Deer Island shall be constructed within the boundaries of the following site, the site being the parcel of land circumscribed as follows: beginning at the westerly boundary of the city of Boston property on Southampton Street and proceeding clockwise along Southampton Street to the intersection of Southampton Street and Bradston Street, then proceeding along Bradston Street to the intersection of Bradston Street and South Bay Avenue, then proceeding along South Bay Avenue to the intersection of South Bay Avenue and Atkinson Street, then proceeding along Atkinson Street to the most northerly boundary of the most northerly city of Boston traffic and parking building, then westerly and southerly along the city of Boston property line to the point of beginning.

The city of Boston is hereby authorized to transfer to the commonwealth of Massachusetts, through its division of capital planning and operations, title to the property owned by said city located within said parcel at the corner of South Bay Avenue and Atkinson Street, comprised of approximately forty-eight thousand three hundred and fifteen square feet, more or less, the precise configuration of which shall be determined by a survey prior to transfer, to be used by the commonwealth for the purposes described in this act. The deputy commissioner of the division of capital planning and operations shall determine the location of the replacement facility within said parcel and shall only acquire the land he determines necessary and appropriate for the construction and operation of the facility.

SECTION 3. The division of capital planning and operations is hereby authorized to expend an additional fourteen million, seven hundred fifty thousand dollars for studies, preparation of plans, the acquisition of land, the construction, including furnishings and equipment, of a new facility in Suffolk county to replace the Charles street jail, such amount to be in addition to and subject to the same conditions as the amount authorized pursuant to section five of chapter seven hundred ninety-nine of the acts of nineteen hundred and eighty-five.

Said division, in addition to the provisions of section two of chapter three hundred ninety-six of the acts of nineteen hundred and eighty-six, is hereby authorized to acquire by eminent domain any easements or interests of record currently owned by the Boston and Maine railroad in the Nashua street area of the city of Boston, and other land, right-of-ways or easements necessary to relocate or replace the utility lines displaced by construction of the replacement facility for the Charles street jail.

SECTION 4. The secretary of the executive office of human services is hereby authorized to expend a maximum of no more than fifty-one million dollars for the purpose of a grant program to assist Hampden county in undertaking feasibility studies, acquiring land, providing technical assistance or expertise, making preliminary plans, and designing, or constructing a house of correction not to exceed five hundred beds; provided, however, that the design and planning for said house of correction shall include provisions to house female inmates sufficient to meet the needs of the region; and provided, further, that said facility shall include housing units at all security levels.

SECTION 5. The division of capital planning and operations is hereby authorized to expend seventy-two million dollars for studies, the preparation of plans, the acquisition of land by purchase, gift, land exchange, eminent domain, lease or otherwise, and for the construction, including furnishings and equipment, of two medium security correctional facilities each of a capacity not to exceed five hundred beds; provided, however, that no funds shall be expended for the acquisition of such land until the deputy commissioner of said division completes a study, as defined in section thirty-nine A of chapter seven of the General Laws, evaluating the feasibility of locating a medium security correctional facility on such land.

SECTION 6. In addition to the amount authorized by section six of chapter seven hundred ninety-nine of the acts of nineteen hundred eighty-five, the division of capital planning and operations is hereby authorized to expend ten million, five hundred fifty thousand dollars for studies, the preparation of plans, and the renovation, upgrading and expansion of existing state correctional facilities, including the costs of furnishings and equipment; provided, however, that no more than four million dollars of this additional amount shall be expended on maximum security facilities.

SECTION 7. Said commissioner of the department of corrections is hereby authorized to expend for a study and the preparation of plans, if necessary, and for the demolition and alterations of certain buildings and the construction of certain buildings at Massachusetts Correctional Institution, Framingham, including renovations to the water distribution system and the cost of furnishings and equipment, an amount not to exceed one million, three hundred thousand dollars in addition to the amounts appropriated in item 4315-8841 of chapter seven hundred and twenty-three of the acts of nineteen hundred and eighty-three.

Said commissioner is hereby further authorized to expend for the design and construction, including furnishings and equipment, for a program building for a new turbine generator and for a feasibility study to expand the wastewater treatment plant at Massachusetts Correctional Institution, Concord, an amount not to exceed five million four hundred thousand dollars.

SECTION 8. The amounts appropriated by this act shall be in addition to previous appropriations made for the development of correctional facilities, including amounts made available pursuant to chapter three hundred and forty-seven of the acts of nineteen hundred and eighty-two, chapter seven hundred and twenty-three of the acts of nineteen hundred and eighty-three and chapter seven hundred and ninety-nine of the acts of nineteen hundred and eighty-five.

SECTION 9. The deputy commissioner of capital planning and operations shall establish a special unit to be assigned to expedite the planning, design, and construction of the projects authorized by sections one and three through seven, inclusive. A similar special unit shall also be established by the commissioner of correction. Said deputy commissioner or the commissioner of correction may, in accordance with a schedule annually approved by the commissioner of administration, temporarily hire additional employees or consultants and assign any employee of the division of capital planning and operations or the department of corrections, respectively to said special unit; provided, however, that the salaries and administrative expenses for both of the special units shall be paid from funds authorized by this act as a part of the cost of the development and construction of said projects; and provided, further, that thirty days prior to the hiring or transfer of said additional employees, said deputy commissioner or the commissioner of corrections shall notify the house and senate committees on ways and means.

In addition, within ninety days of the effective date of this section, said deputy commissioner shall develop and publish a detailed schedule designed to meet an October, nineteen hundred and eighty-nine deadline for the decommissioning of the Suffolk county house of correction at Deer Island.

SECTION 10. For the purpose of alleviating overcrowded conditions in jails, houses of correction and correctional facilities in as little time as possible while maintaining economy of construction, the deputy commissioner of capital planning and operations, with respect to the projects authorized by sections one and three to seven, inclusive, may after consultation with the director of the office of project management, the commissioner of correction, the secretary, and such other persons as said deputy commissioner deems appropriate, recommend to the general court, in accordance with the provisions of this section, alternative methods for procurement of design and construction services, including, but not limited to, construction management, fast-tracked or phased construction, turnkey procurement, design and build procurement, lease-purchase of facilities, the utilization of modular buildings, and the utilization of inmate work crews.

In making a recommendation to the general court, said deputy commissioner shall, as to each project for which an alternative method is recommended, set forth in full the procedures by which design and construction services for that project would be procured; provided, however, that a study shall be completed pursuant to section seven K of chapter twenty-nine of the General Laws prior to contracting for any services for the design or construction of such project; and provided, further, that such recommended procedures shall provide for an open competition for design and construction publicly advertised pursuant to paragraph one of section forty-four J of chapter one hundred and forty-nine of the General Laws. Said deputy commissioner shall file with his recommendation a report to the general court specifying his reasons for determining that such recommended alternative method is necessary and feasible and setting forth a comparison of costs, time schedules, and quality of construction between the recommended alternative and the procurement procedures that will apply if the alternative method is not approved.

Said deputy commissioner shall file his recommendation and report with the inspector general at least fifteen days before said deputy commissioner files said recommendation and report with the general court. The inspector general shall review the recommendation and report with respect to the prevention of fraud, waste and abuse and shall make such comments as said inspector general deems warranted. At the request of said inspector general, said deputy commissioner shall annex the comments of said inspector general to the report of said deputy commissioner to the general court.

Said deputy commissioner shall file his recommendation and report, together with the comments, if any, of the inspector general with the clerks of the senate and the house of representatives, the senate and house committees on ways and means, the joint committee on human services and elderly affairs, and the joint committee on state administration.

SECTION 11. To meet the expenditures necessary to carrying out the provisions of sections five to seven, inclusive, the state treasurer, upon request of the governor, shall issue and sell bonds of the commonwealth, in an amount to be specified by the governor from time to time, not exceeding in the aggregate, the sum of eighty-nine million two hundred fifty thousand dollars. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Correction Loan Act of 1986, and shall be issued for such maximum term of years, not exceeding twenty years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand and sixteen. Notwithstanding any other provision of this act, bonds and interest thereon issued under the authority of this section shall be general obligations of the commonwealth.

SECTION 12. To meet the expenditures necessary to carrying out the provisions of sections one, three, and four the state treasurer, upon request of the governor, shall issue and sell bonds of the commonwealth, in an amount to be specified by the governor from time to time, not exceeding in the aggregate, the sum of one hundred twenty-three million, seven hundred fifty thousand dollars. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, County Correction Loan Act of 1986, and shall be issued for such maximum term of years, not exceeding twenty years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand and sixteen. Notwithstanding any other provision of this act, bonds and interest thereon issued under the authority of this section shall be general obligations of the commonwealth.

SECTION 13. The state treasurer may borrow from time to time on the credit of the commonwealth such sums of money as may be necessary for the purposes of meeting payments as authorized by this act, and may issue and renew from time to time notes of the commonwealth thereof, bearing interest payable at such time and at such rate as shall be fixed by the state treasurer. Such notes shall be issued and may be renewed one or more times for such term, not exceeding one year, as the governor may recommend to the General Court in accordance with Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth, but the final maturities of such notes, whether original or renewal, shall not be later than June thirtieth, nineteen hundred and ninety-six. Notwithstanding any other provisions of this act, notes and the interest thereon issued under the authority of this act, shall be general obligations of the commonwealth.

SECTION 14. This act shall take effect upon its passage.