HOUSE DOCKET, NO. 3697        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3585

The Commonwealth of Massachusetts

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PRESENTED BY:

Mary S. Keefe

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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 entrance of cell procedures.

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PETITION OF:

HOUSE DOCKET, NO. 3697        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3585

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act relative to entrance of cell procedures.

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 of chapter 124 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following 2 subsections:-

(v) establish uniform standards for state and county correctional facilities regarding entrance of cell procedures. The standards shall establish the process for: (i) an emergency entrance of cell procedure; and (ii) a planned entrance of cell procedure; provided, that, a  planned entrance of cell procedure which shall include intervention by a qualified mental health professional, as defined in section 1 of chapter 127, before a correctional officer enters the cell.

The standards shall instruct superintendents of all institutions under the jurisdiction of the department of correction and the superintendents and keepers of jails and houses of correction of that an emergency entrance of cell procedure shall only be used when time is of the essence where the failure to take immediate action would place that a person in imminent risk of death or serious bodily injury. 

The standards shall require correctional officers to wear a personal audio-video recording device attached to the officer’s clothing, helmet, or sunglasses and that is capable of capturing video and audio recordings from the officer’s point of view during both planned entrance of cell procedures and emergency entrance of cell procedures. A correctional officer shall be prohibited from viewing or listening to any video or audio recorded prior to submitting a report regarding the use of force.

The standards shall detail acceptable equipment for use during a planned entrance of cell procedure or an emergency entrance of cell procedure; provided, that the standards shall prohibit the use of certain kinetic impact weapons, to be determined by the commissioner.

(w) establish uniform standards for all state and county correctional facilities governing the use of chemical agents. The standards shall: (i) identify all chemical agents which are deemed an acceptable use of force; (ii) establish protocols for situations when chemical agents may not be used, including but not limited to, on an inmate with intellectual disabilities or respiratory illnesses; (iii) define the required authorization for staff prior to the use of chemical agents; and (iv) establish protocols for decontamination of inmates following exposure to each type of chemical agent identified pursuant to clause (i).