HOUSE DOCKET, NO. 3108        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2088

 

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

1/16/2019

Brian M. Ashe

2nd Hampden

1/18/2019

Ruth B. Balser

12th Middlesex

1/24/2019

Christine P. Barber

34th Middlesex

1/25/2019

Michael J. Barrett

Third Middlesex

1/29/2019

Julian Cyr

Cape and Islands

1/24/2019

James B. Eldridge

Middlesex and Worcester

2/1/2019

Nika C. Elugardo

15th Suffolk

1/30/2019

Sean Garballey

23rd Middlesex

1/24/2019

Anne M. Gobi

Worcester, Hampden, Hampshire and Middlesex

1/24/2019

Carlos González

10th Hampden

2/1/2019

Kenneth I. Gordon

21st Middlesex

1/29/2019

Stephan Hay

3rd Worcester

2/1/2019

Jonathan Hecht

29th Middlesex

2/1/2019

Natalie M. Higgins

4th Worcester

1/27/2019

Russell E. Holmes

6th Suffolk

2/1/2019

Patricia D. Jehlen

Second Middlesex

1/31/2019

Louis L. Kafka

8th Norfolk

1/22/2019

Hannah Kane

11th Worcester

1/30/2019

David Henry Argosky LeBoeuf

17th Worcester

1/23/2019

Jack Patrick Lewis

7th Middlesex

1/18/2019

Jason M. Lewis

Fifth Middlesex

1/23/2019

Jay D. Livingstone

8th Suffolk

1/29/2019

Elizabeth A. Malia

11th Suffolk

1/31/2019

Liz Miranda

5th Suffolk

1/31/2019

Denise Provost

27th Middlesex

1/31/2019

Rebecca L. Rausch

Norfolk, Bristol and Middlesex

1/18/2019

Maria Duaime Robinson

6th Middlesex

1/22/2019

David M. Rogers

24th Middlesex

1/31/2019

Thomas M. Stanley

9th Middlesex

1/28/2019

Andres X. Vargas

3rd Essex

1/31/2019

Bud L. Williams

11th Hampden

1/30/2019

 



HOUSE DOCKET, NO. 3108        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2088

By Ms. Khan of Newton, a petition (accompanied by bill, House, No. 2088) 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 Ninety-First General Court
(2019-2020)

_______________

 

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. Said subsection (b) of said section 118 of said chapter 127 of the General Laws, as appearing, is hereby amended further by adding the following paragraph:-

For the purposes of this section, “postpartum recovery” shall mean the time period that occurs immediately following childbirth up to a minimum of 6 weeks, or longer as determined by a physician.

SECTION 2. Subsection (b) of section 118 of chapter 127 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 45, the words “post-delivery recuperation,” and inserting in place thereof the following words:- “postpartum recovery”.

SECTION 3. Said subsection (b) of said section 118 of said chapter 127 of the General Laws, as so appearing, is hereby further amended by inserting, in line 46, after the word “physician” the following words:- “or emergency medical personnel”.

SECTION 4. Said subsection (b) of said section 118 of said chapter 127 of the General Laws, as so appearing, is hereby further amended by striking out, in line 62, the words “post-delivery recuperation” and inserting in place thereof the following words:- “postpartum recovery”.

SECTION 5. Said subsection (b) of said section 118 of said chapter 127 of the General Laws, as so appearing, is hereby further amended by inserting, in line 72, after the word “inmate” the following words:- “under any circumstances or in any setting”

SECTION 6. Said subsection (b) of said section 118 of said chapter 127 of the General Laws, as so appearing, is hereby further amended by inserting, in line 78, after the word “superintendent” the following words:- “of a state correctional facility or administrator of a county facility.”

SECTION 7. Said subsection (b) of said section 118 of said chapter 127 of the General Laws, as so appearing, is hereby further amended by adding the following 2 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 as to the provisions of this section.

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, which shall include the date, time, duration, location and the rationale for the use of restraints, provided, however, that such reports shall not contain individually identifying information.

The secretary of public safety shall submit to the legislature a public report detailing compliance with this section, including all incidents involving use of restraints which shall be filed no later than July 1 of each year with the clerks of the senate and house of representatives, the chairs of the joint committee on public safety and homeland security and the chairs of the joint committee on the judiciary.