HOUSE DOCKET, NO. 3943        FILED ON: 6/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3679

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Kay Khan

_________________

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 ensure compliance with the anti-shackling law for pregnant incarcerated women.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Kay Khan

11th Middlesex

6/15/2015

Cory Atkins

14th Middlesex

6/22/2015

Jennifer E. Benson

37th Middlesex

6/17/2015

William N. Brownsberger

Second Suffolk and Middlesex

6/16/2015

Claire D. Cronin

11th Plymouth

6/16/2015

Michael S. Day

31st Middlesex

6/22/2015

Marjorie C. Decker

25th Middlesex

6/18/2015

Sal N. DiDomenico

Middlesex and Suffolk

6/17/2015

Kenneth J. Donnelly

Fourth Middlesex

6/18/2015

James B. Eldridge

Middlesex and Worcester

6/19/2015

Tricia Farley-Bouvier

3rd Berkshire

6/17/2015

Sean Garballey

23rd Middlesex

6/19/2015

Colleen M. Garry

36th Middlesex

6/17/2015

Carmine L. Gentile

13th Middlesex

6/19/2015

Patricia D. Jehlen

Second Middlesex

6/16/2015

Louis L. Kafka

8th Norfolk

6/22/2015

Peter V. Kocot

1st Hampshire

6/23/2015

Jason M. Lewis

Fifth Middlesex

6/19/2015

Jay D. Livingstone

8th Suffolk

6/20/2015

Alice Hanlon Peisch

14th Norfolk

6/22/2015

Denise Provost

27th Middlesex

6/22/2015

Angelo J. Puppolo, Jr.

12th Hampden

6/22/2015

David M. Rogers

24th Middlesex

6/22/2015

Tom Sannicandro

7th Middlesex

6/22/2015

Ellen Story

3rd Hampshire

6/16/2015

Walter F. Timilty

7th Norfolk

6/22/2015

Chris Walsh

6th Middlesex

6/17/2015


HOUSE DOCKET, NO. 3943        FILED ON: 6/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3679

By Ms. Khan of Newton, a petition (subject to Joint Rule 12) of Kay Khan and others for legislation to further amend the anti-shackling statute for incarcerated pregnant women.  Public Safety and Homeland Security.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

 

An Act to ensure compliance with the anti-shackling law for pregnant incarcerated women.

 

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 first paragraph of section 118 (b) of chapter 103 of the acts of 2014 is hereby amended by striking out, in lines 1-2, the words, “post-delivery recuperation” and inserting in place thereof the following: - “postpartum recovery of 6 weeks or longer”; the second paragraph by inserting, in line 3, after the words, “a licensed health care professional” the following: - “or emergency medical personnel”; the third paragraph by striking out, in line 3, the words, “post-delivery recuperation” and inserting in place thereof the following:  - “postpartum recovery of 6 weeks or longer as determined by the attending physician”; the fourth paragraph by inserting, in line 6, after the words, “postpartum inmate” the following: - “under any circumstances or in any setting”; and, by inserting, in line 11, after the word, “superintendent” the following: - “of a state correctional facility or administrator of a county facility.”

SECTION 2. Section 118 (b) of chapter 103 of the acts of 2014 is hereby amended by inserting after the fourth paragraph the following paragraphs: -

“The commissioner of correction and administrator of each county correctional facility shall require annual training of staff members who transport or supervise female prisoners on the requirements of this chapter.

Any time restraints are used on a pregnant or postpartum inmate, the superintendent of a state correctional facility or administrator of a county correctional facility shall submit a report within 48 hours to the secretary of public safety and security, including the date, time, duration, location, and the rationale for the use of restraints, provided, however, that such reports shall not contain individually identifying information regarding any pregnant or postpartum inmate. The secretary shall submit to the legislature an annual report regarding compliance with this section, including all incidents involving use of restraints. Such report shall be filed annually on or before July 1 with the offices of the clerk of the house and the senate, the joint committee on public safety and homeland security and the joint committee on the judiciary and shall be a public record.”