SENATE DOCKET, NO. 973        FILED ON: 1/17/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1130

The Commonwealth of Massachusetts

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PRESENTED BY:

Kenneth J. Donnelly

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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 establishing regional lockup facilities.

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PETITION OF:

SENATE DOCKET, NO. 973        FILED ON: 1/17/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1130

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act establishing regional lockup facilities.

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. Section 34 of Chapter 40 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting, in line 2, after the word “shall” the following words:-  , unless a member of a regional lock-up facility,.

And further, by inserting, in line 8, after the word “thereby”, the following words:- , or the regional lock-up facility, if the city or town is a member of such a facility, pursuant to section 34A of this chapter.

SECTION 2. Chapter 40 of the General Laws, as so appearing, is hereby amended by adding, after Section 34, the following new section:—

Section 34A.  The Sheriff of each county may establish one or more regional lock-up facilities within the county to which persons arrested with or without a warrant may be committed or any person arrested under any civil process.  Any county regional lock-up facility established under this section shall have the same function and power as a lock-up established under section thirty-four of chapter forty.  A city or town may become a member of a county regional lockup facility system by executing, with the consent of the county commissioners, a written agreement with the county sheriff.  Said agreement shall be filed with the city or town clerk, the county commissioners, and the secretary of state, and shall set forth the details as to the transportation, booking, fees to be paid per prisoner, and an indemnification agreement.

Member police officers who are transporting a prisoner to a regional lock-up facility shall, during transport, have the full authority and jurisdiction of a police officer through any city, town, or county.  The requirements and duties set forth in sections 36A through 36C of chapter 40 shall pertain to the regional lock-up facility and the Sheriff’s department personnel, except that training shall be completed within one year of the establishment of such a facility. Member city or town police departments do not have to comply with section 36C of chapter 40. The regional lock-up facility administrator and deputy sheriffs shall have the same authority, jurisdiction and duty as a police officer to detain, book, hold, and transport a pre-arraignment prisoner or any other prisoner to or from the regional lock-up facility.

SECTION 3.  Section 35 of Chapter 40 of the General Laws, as so appearing, is hereby amended by adding, at the end of the section, the following paragraph:-

Notwithstanding the foregoing paragraph, if there is a county regional lock-up facility, the sheriff shall be responsible for the appointment of the administrator of the lock-up facility who shall serve for such term as the sheriff shall determine and written notice of same shall be filed with the county commissioners and the clerk of each member city or town. The administrator of the regional lock-up facility shall have all the powers and duties of a keeper of the lock-up.

SECTION 4. Section 36B of Chapter 40 of the General Laws, as so appearing, is hereby amended by inserting, in line 2, after the word “town” the following word:- county,.

And further, by inserting, in line 3, after the words “state police” the following words:-

or the county sheriff’s department.