Bill H.483

HOUSE DOCKET, NO. 657 FILED ON: 1/18/2011

HOUSE . . . . . . . . . . . . . . . No. 483

The Commonwealth of Massachusetts

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PRESENTED BY:

Elizabeth A. Poirier

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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 authorizing sheriffs to impose fees.

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PETITION OF:

Name:	District/Address:	Date Added:
Elizabeth A. Poirier	14th Bristol	1/18/2011
Bradley H. Jones, Jr.	20th Middlesex	2/3/2011
George N. Peterson, Jr.	9th Worcester	2/4/2011
Susan Williams Gifford	2nd Plymouth	1/20/2011
F. Jay Barrows	1st Bristol	2/3/2011
Thomas J. Calter	12th Plymouth	2/3/2011
Daniel K. Webster	6th Plymouth	2/3/2011
Donald F. Humason, Jr.	4th Hampden	2/4/2011
Shaunna O'Connell	3rd Bristol	2/1/2011
Todd M. Smola	1st Hampden	2/3/2011
Paul K. Frost	7th Worcester	2/4/2011
George T. Ross	2nd Bristol	1/20/2011
Richard Bastien	2nd Worcester	1/31/2011
Matthew A. Beaton	11th Worcester	2/3/2011
Kimberly N. Ferguson	1st Worcester	2/3/2011
Steven S. Howitt	4th Bristol	2/3/2011
Kevin J. Kuros	8th Worcester	2/3/2011
Steven L. Levy	4th Middlesex	2/3/2011
David T. Vieira	3rd Barnstable	2/3/2011
Daniel B. Winslow	9th Norfolk	2/4/2011
James J. Dwyer	30th Middlesex	2/4/2011
Stephen L. DiNatale	3rd Worcester	2/4/2011
Thomas M. Hodgson	Bristol County Sheriff's Office 400 Faunce Corner Road North Dartmouth, MA 02747

HOUSE DOCKET, NO. 657 FILED ON: 1/18/2011

HOUSE . . . . . . . . . . . . . . . No. 483

By Ms. Poirier of North Attleborough, a petition (accompanied by bill, House, No. 483) of Elizabeth A. Poirier and others that county commissioners and the sheriffs for the various counties institute a schedule of fees and assess fees to inmates in their custody. The Judiciary.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 4620 OF 2009-2010.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act authorizing sheriffs to impose fees.

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 127 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting, after section 48A, the following section:-

Section 48B. The commissioner and the sheriffs for the various counties may institute a schedule of fees and assess said fees to inmates in their custody as follows:-

A daily cost of custodial care fee not to exceed $5;

A medical sick call visit fee not related to a condition pre-existing at the time of incarceration not to exceed $5;

A dental sick call visit fee not to exceed $5;

A pair of prescription eyeglasses fee not to exceed$5;

A pharmacy prescription fee not to exceed $3 per prescription.

Any penal facility assessing fees shall establish a procedure for inmates to appeal any such assessment.

Notwithstanding the above, the following services shall be exempt from fee assessment: admission health screening, 14 day health assessment, emergency health care, hospitalization or infirmary care, prenatal care, lab and diagnostic care, follow-up visits approved by health services, contagious disease care and chronic disease care.

No inmate shall be denied access to medical or dental care because of an inability to pay any fee. Indigent inmates shall have the above fees and costs assessed and debited against the inmate’s money account which, if not paid, shall remain due and payable as a charge to the inmate after his release from custody. If the inmate is not incarcerated within 2 years of his release from custody, this debt shall be forgiven.

This section shall not apply to federal inmates, detainees or regional lock-up inmates. The commissioner and the sheriffs of the various counties shall promulgate rules and regulations for the implementation of this section.