HOUSE DOCKET, NO. 3394        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1486

The Commonwealth of Massachusetts

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PRESENTED BY:

Kay Khan and James J. O'Day

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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 to reduce recidivism among emerging adults.

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PETITION OF:

HOUSE DOCKET, NO. 3394        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1486

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act to reduce recidivism among emerging adults.

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 7 of chapter 4 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the sixty-first clause as added by Section 1 of Chapter 69 of the Acts of 2018, the following clause:-

Sixty-second. “Emerging Adult” shall mean any person who has attained the age of criminal majority but has not yet attained the age of 25.

SECTION 2. Section 11A of chapter 71B of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the words “department of education,” and inserting in place thereof the following words:- department of elementary and secondary education.

SECTION 3. Section 11A of chapter 71B of the General Laws, as so appearing, is hereby further amended by inserting after the words “county houses of correction,” the following words:- and state correctional facilities as defined by section 1 of Chapter 125 of the General Laws.

SECTION 4. Section 1 of chapter 124 of the General Laws, as so appearing, is hereby amended by inserting the following subsections:-

(v) adopt policies and procedures that are designed to aid, encourage, and guide emerging adults, consistent with the goal of rehabilitating said emerging adults and preparing them to assume the responsibilities and exercise the rights of a citizen of the commonwealth.

(w) in accordance with clauses (f) and (g), the commissioner shall as part of developing a rehabilitation program and determining the custody requirements and program needs for each emerging adult prisoner held in any county or state correctional facility, require the development of an individualized rehabilitation program for each such emerging adult. Such program shall be based on an individualized review of said person’s physical and behavioral health, educational, and other history relevant to their future rehabilitation, as well as any risk factors that are strongly associated with re-offending behavior, and shall be documented on a standardized form. The rehabilitation program shall be developed in consultation with family members chosen by the emerging adult to support his or her rehabilitation goals. A proposed program shall be shared with the emerging adult within one week of the emerging adult’s commitment and said person shall be afforded a meeting to discuss such program at which such person may make additional suggestions for or raise any concerns with such program. The program shall contain both short and long-term objectives that are measurable, reviewed monthly with said person, and revised as circumstances warrant. The commissioner shall ensure that programs or services are available at every facility that provide a realistic opportunity for each person in custody to achieve any objectives identified in the individualized rehabilitation program that are to be accomplished during any period of confinement, furlough, pre-release or parole.

(x) in accordance with clause (h), the commissioner shall as part of establishing training programs for employees of the department and, by agreement, other corrections personnel, require trainings on early, trauma-focused interventions, trauma-informed screenings and assessments, and the recognition of reactions to victimization, as well as the necessity for using diagnostic tools to assess the presence of trauma. Such training shall explicitly address the impact of trauma on emerging adults and those emerging adults’ pathways into the criminal justice system, with the goal of reducing the likelihood of recidivism by addressing the unique issues associated with emerging adults who may experience trauma, including without limitation trauma resulting from victimization, emotional abuse, physical abuse, sexual abuse, emotional neglect, physical neglect, family or community violence, substance abuse, mental illness, parental absence, and the incarceration of a parent or other caregiver.

(y) in accordance with clause (q), the commissioner shall as part of making and promulgating rules and regulations regarding nutrition and recreation, require that emerging adults, regardless of classification or housing status, be provided multiple options for wellness activities, including daily opportunities for physical activity and structured leisure activities, and nutritious dining options supportive of lifelong health and well-being.

(z) in accordance with clause (q), the commissioner shall as part of making and promulgating rules and regulations regarding communication and visiting privileges, require that all emerging adults, regardless of classification or housing status, be provided the physical space and time necessary to encourage contact with family members, while maintaining safety and security. To that end, visitation with parents, grandparents, legal guardians, spouses, or children of emerging adults, which is consistent with facility visitation rules and hours, shall not be denied unless there is documentation demonstrating that security may be compromised by such visitation or that the visit will unduly impact the visited emerging adult’s well-being in a negative manner.

(aa) in accordance with clause (q), the commissioner shall adopt policies that promote meaningful family engagement that creates a partnership between facility staff and families to best serve emerging adults in custody, including policies that require that: (i) families and social supports are identified and engaged in emerging adults’ rehabilitation; (ii) families and social supports are valued and treated as partners in emerging adults’ rehabilitation; (iii) families and social supports assist with and actively participate in the design and implementation of emerging adults’ treatment plans and programming; (iv) and all emerging adults have plans, skills and strategies that draw on relationships for problem solving and achieving goals.

(ab) in accordance with clause (q), the commissioner shall as part of making and promulgating rules and regulations regarding education, training, and employment, require that all emerging adults, regardless of classification or housing status, be provided with opportunities to graduate from high school or achieve a high school equivalency diploma, if they have not yet done so, and to pursue higher education or vocational training; emerging adults shall be provided a minimum of six hours of classroom instruction on every weekday and special educational services for those who are eligible, in order to enable the achievement of such educational levels; be encouraged and allowed to pursue, as far as practicable, college level courses or appropriate vocational education and training.

(ac) in accordance with clause (q), the commissioner shall as part of making and promulgating rules and regulations regarding safety, discipline, and care, require that, with respect to emerging adults, restraints, use of force, and the use of restrictive housing be limited to those situations where an emerging adult demonstrates by his or her actions that he or she is dangerous to him or herself or others, and no other intervention has been or is likely to be effective in averting the danger posed by the emerging adult’s behavior. An emerging adult shall not be placed in restrictive housing or subject to restraints or use of force as a punishment, harassment or consequence for noncompliance or in retaliation for any conduct.

(ad) in accordance with clause (v), the commissioner shall adopt policies that ensure that: (i) all emerging adults in custody in state correctional facilities, regardless of classification or housing status, are placed in a pre-release facility or released to a community corrections program at least 120 days prior to discharge or parole, and (ii) all emerging adults in custody in county correctional facilities serving sentences greater than six months, regardless of classification, are placed in a pre-release facility or released to a community corrections program at least 90 days prior to discharge or parole.

(ae) in accordance with clause (e), the commissioner shall, as part of establishing, maintaining, and administering programs of rehabilitation, adopt policies and procedures concerning the provision of health services for emerging adults that foster continuity of care for each emerging adult with any community-provided health services received before or after their incarceration, including but not limited to medical, dental, psychological and psychiatric services and substance abuse treatment, and minimize interruptions of such services resulting from incarceration. Such policies shall include provisions to ensure that individuals continue to receive any treatment and medication that they received prior to confinement during their sentence, that prior health records for each person are received and considered in providing health services on an ongoing basis, and that every facility creates a discharge plan for each individual with any health issue that might impair his or her ability to succeed in the community, including the identification of and a plan for engaging all needed health care providers, including insurance providers, upon his or her release.

(af) adopt policies and procedures that provide a discrimination-free environment for emerging adults, including but not limited to policies and procedures ensuring that such emerging adults’ self-identifications as Lesbian, Gay, Bi-Sexual, Transgender, Questioning, Queer, Intersex, and Gender Non-Conforming are respected by staff, contractors, interns, and volunteers. The department shall provide, within one week of any emerging adult’s commitment, written information concerning the department’s anti-discrimination policies and procedures, including but not limited to, written information explaining said emerging adult’s rights and procedures for reporting complaints.

(ag) in accordance with clauses (h) and (ae), the commissioner shall as part of establishing training programs for employees of the department and adopting policies and procedures concerning the provision of a discrimination-free environment for emerging adults, require trainings for employees regarding the department’s anti-discrimination policies and procedures, including but not limited to trainings concerning behaviors constituting discrimination or harassment, procedures for preventing and reporting such behaviors, and methods of communicating effectively and professionally with emerging adults self-identifying as Lesbian, Gay, Bi-Sexual, Transgender, Questioning, Queer, Intersex, or Gender Non-Conforming.

Nothing in this section shall preclude the commissioner from extending the provisions of subsections (v) to (ag), inclusive, to prisoners who are not emerging adults.

SECTION 5. Section 2 of chapter 124 of the General Laws, as so appearing, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraphs:-

Subject to the supervision and control of the commissioner, the deputy commissioner for educational services shall, in consultation with the department of elementary and secondary education, establish and maintain standards for all teaching positions in the jurisdiction of the department and shall review the qualifications and performances of all teaching personnel in the department.

Each of the said deputy commissioners shall perform such other duties as may be assigned to him from time to time by the commissioner.

SECTION 6. Section 25 of chapter 126 of the General Laws, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following sentences:- Every prisoner shall have made available, at the expense of the county, appropriate and adequate hygiene and sanitary products, including without limitation water that is safe for human consumption and personal hygiene, toothbrushes, toothpaste, deodorant, feminine hygiene products where applicable and regardless of gender identity, soap, shampoo, comb or brush. The sheriff of every county and the commissioner of corrections shall adopt policies and practices that ensure that sanitation and hygiene services in all correctional facilities are provided in a manner as to ensure privacy and dignity, and are physically accessible, safe, hygienic, and culturally appropriate.

SECTION 7. Section 19 of chapter 127 of the General Laws, as so appearing, is hereby amended by inserting after the last sentence the following sentence:- The commissioner shall require that, in any system of physical training implemented pursuant to this section, emerging adults, regardless of classification or housing status, be provided multiple options for wellness activities, including daily opportunities for physical activity and structured leisure activities.

SECTION 8. Section 22 of chapter 127 of the General Laws, as so appearing, is hereby amended by inserting after the word “minors” in the title of section 22 and at the beginning of the fourth sentence the following:- and emerging adults.

SECTION 9. Chapter 127 of the General Laws, as so appearing, is hereby amended by inserting after section 32A the following sections:-

Section 32B. Emerging adults in jails or correctional facilities shall be treated as needing aid, encouragement, and guidance, consistent with the goal of rehabilitating such emerging adults to assume the responsibilities and exercise the rights of a citizen of the commonwealth.

Section 32C. In accordance with section 32B, emerging adults shall be provided a discrimination-free environment, including with respect to their self-identifications as Lesbian, Gay, Bi-Sexual, Transgender, Questioning, Queer, Intersex, and Gender Non-Conforming, which shall be respected by staff, contractors, interns, and volunteers.

SECTION 10. Section 36C of Chapter 127 of the General Laws, as added by Section 92 of Chapter 69 of the Acts of 2018, is hereby amended by inserting at the end of the first paragraph the following sentence:- Visitation, including contact visits, with parents, grandparents, legal guardians, spouses, or children of emerging adults, which is consistent with facility visitation rules promulgated by the commissioner, shall not be denied unless there is documentation demonstrating that security may be compromised by such visitation or that the visit will unduly impact the visited emerging adult’s well-being in a negative manner.

SECTION 11. Section 48B of Chapter 127 of the General Laws, as added by Section 96 of Chapter 69 of the Acts of 2018, is hereby amended by striking out the words “young adult” and “young adults”, in each instance, and inserting in place thereof the following words:- emerging adults.

SECTION 12. Said section 48B of said Chapter 127 of the General Laws, as added by Section 96 of Chapter 69 of the Acts of 2018, is hereby further amended by striking out the words “are 18 to 24 years” and inserting in place thereof the following words:- have not attained 25 years.

SECTION 13. Said section 48B of Chapter 127 of the General Laws, as added by Section 96 of Chapter 69 of the Acts of 2018, is hereby further amended by inserting after subsection (c) the following subsection:-

(d) Officers designated under subsection (a) shall receive trainings on early, trauma-focused interventions, trauma-informed screenings and assessments, and the recognition of reactions to victimization, as well as the necessity for using diagnostic tools to assess the presence of trauma. Such training shall explicitly address the impact of trauma on emerging adults and those emerging adults’ pathways into the criminal justice system, with the goal of reducing the likelihood of recidivism by addressing the unique issues associated with emerging adults who may experience trauma, including without limitation trauma resulting from victimization, emotional abuse, physical abuse, sexual abuse, emotional neglect, physical neglect, family or community violence, substance abuse, mental illness, parental absence, and the incarceration of a parent or other caregiver.

SECTION 14. Section 49A of Chapter 127 of the General Laws, as so appearing, is hereby amended by inserting after the third paragraph the following paragraph:-

Consistent with the foregoing, all emerging adults, regardless of classification or housing status, shall be provided with opportunities to graduate from high school or achieve a high school equivalency diploma, if they have not yet done so, and to pursue higher education or vocational training; emerging adults shall be provided a minimum of six hours of classroom instruction on every weekday and special educational services for those who are eligible, when appropriate, in order to enable the achievement of such educational levels; be encouraged and allowed to pursue, as far as practicable, college level courses or appropriate vocational education and training.

SECTION 15. Section 117 of chapter 127 of the General Laws, as so appearing, is hereby amended by inserting after the last sentence of the first paragraph the following:- Physician determinations concerning where emerging adults should receive health services, including but not limited to medical, dental, and psychiatric services, shall prioritize the continuity of community-provided health services and aim to minimize interruptions of such services resulting from confinement.

SECTION 16. Chapter 127 of the General Laws, as so appearing, is hereby amended by inserting after section 169 the following section:-

Section 170. With respect to emerging adults, the use of restraints, the use of force, and the use of restrictive housing shall be limited to those situations where an emerging adult demonstrates by his or her actions that he or she is dangerous to him or herself or others, and no other intervention has been or is likely to be effective in averting the danger posed by the emerging adult’s behavior. An emerging adult shall not be placed in restrictive housing or subject to restraints or use of force as a punishment, harassment or consequence for noncompliance or in retaliation for any conduct.

SECTION 17. Section 58 of chapter 276 of the General Laws, as amended by Section 170 of Chapter 69 of the Acts of 2018, so appearing, is hereby amended by inserting after the last sentence the following paragraph:-

No emerging adult in any trial court proceeding shall be detained in any secure facility because such person lacks a suitable place to live or because, if such emerging adult is in the custody of another state agency, such agency is unable to locate a suitable placement or place to live for him or her.