HOUSE DOCKET, NO. 3244        FILED ON: 1/21/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2677

The Commonwealth of Massachusetts

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PRESENTED BY:

Thomas A. Golden, Jr.

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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 Relative To Caseworkers at the Department of Youth Services.

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PETITION OF:

HOUSE DOCKET, NO. 3244        FILED ON: 1/21/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2677

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act Relative To Caseworkers at the Department of Youth Services.

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

Chapter 18a is hereby amended by adding the following section:

“Section 10: (a) For the purposes of this section, "bodily substance'' shall mean any human secretion, discharge or emission including, but not limited to, blood, saliva, mucous, semen, urine or feces.

(b):A youthful offender in any department of youth services institution of the commonwealth who commits an assault or an assault and battery upon an caseworker or other employee, any volunteer or employee of a contractor in any such facility or any duly authorized employee of any such facility engaged in the transportation of a youthful offender for any lawful purpose shall be punished by imprisonment for not more than 2 and one-half years in a jail or house of correction or for not more than 10 years in a state prison. Such sentence shall begin from and after all sentences currently outstanding and unserved at the time of said assault or assault and battery.

(c): Any person in the custody of the department of youth services institution who commits an assault or an assault and battery by means of a bodily substance upon an caseworker or other employee, any volunteer or employee of a contractor in any such facility or any duly authorized employee of any such facility engaged in the transportation of a youthful offender for any lawful purpose shall be punished by imprisonment for not more than 2 and one-half years in a jail or house of correction or for not more than 10 years in a state prison. Such sentence shall begin from and after all sentences currently outstanding and unserved at the time of said assault or assault and battery.

Section 11: (a) The department of youth services shall promulgate regulations to investigate claims of assault by any person in the custody of a department of youth services institution

       (b): Whenever the commissioner of the department of youth services of the commonwealth determines that a felony has been committed therein, he shall forthwith notify the district attorney for the county in which such institution is located.

Section 12: The department of youth services shall promulgate regulations to protect the privacy of the personal information of department of youth services employees.”