Bill H.2142

HOUSE DOCKET, NO. 3465 FILED ON: 1/18/2019

HOUSE . . . . . . . . . . . . . . . No. 2142

By Ms. Tyler of Boston, a petition (accompanied by bill, House, No. 2142) of Chynah Tyler, Bud L. Williams and Russell E. Holmes for legislation to establish the Massachusetts correction oversight commission (including members of the General Court) to advise on policies, procedures, and administration of the correction system. Public Safety and Homeland Security.

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 Massachusetts corrections oversight commission.

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. Notwithstanding any general or special law to the contrary, the Governor shall convene the Massachusetts Correction Oversight Commission to be known hereinafter as “the commission.” The commission shall be assigned to the executive office of public safety for administrative and fiscal accountability purposes, but it shall otherwise function independently of the control and direction of the executive office of public safety.

Section 2. The Commission may advise the Commissioner of Correction and county Sheriff’s on correction policies and procedures, and overall administration of the Department of Correction to be known hereinafter as “DOC” and county Houses of Correction to be known hereinafter as “HOC”. The Commission may also make recommendations to the Commissioner of Correction and county Sheriff’s regarding goals for the future of the DOC and county HOC.

Section 3. The Commission shall consist of twenty three (25) members, including the Commissioner of the Department of Public Health or a designee; the Commissioner of the Department of Mental Health or a designee; the Secretary of Public Safety or a designee; the Commissioner of Probation or a designee; the chairman of the parole board or a designee; a member of the classification board; 2 members of the State Senate selected by the Senate President; 2 members of the House of Representatives selected by the House Speaker. The Governor shall appoint 9 members, a person to chair the commission who has experience in state government; a district attorney; a public defender; a sheriff; an expert on prisoner re-entry; a corrections policy expert; a returning citizen; a college or university professor with experience in criminal justice; a person with corrections management experience not currently employed by the Department; the American civil liberties union shall appoint an attorney with experience in criminal justice or state government; the Prisoner Legal Services of Massachusetts shall appoint an attorney with experience in prisoner litigation or criminal defense; the national association for the advancement of colored people shall appoint a racial justice policy expert; the Women’s Bar Association shall appoint an attorney with experience in women’s prison issues; the Massachusetts Association of Health Plans shall appoint a health care expert with corrections experience; the Massachusetts Taxpayers Foundation shall appoint a budget policy expert; The Chairperson shall be responsible for directing the tasks of the Commission, and for calling to order Council meetings.

Section 4. The terms of the members appointed shall be three years, except that of the first appointed members seven shall be appointed for a term of two years, seven shall be appointed to a term of three years, the chairperson shall be appointed for a term of three years. In the first year of appointments, the governor, in consultation with the chairperson, shall determine which members shall serve which terms.

No member of the commission shall be appointed to serve more than two consecutive three-year terms. Upon the expiration of the term of an appointed member, the successor shall be appointed in a like manner for three years. A member ex officio shall not be entitled to vote on any matter before the committee.

Members of the commission shall receive no compensation but each member shall be reimbursed by the commonwealth for necessary expenses incurred in the performance of his or her official duties. The commission shall adopt bylaws to govern its own proceedings. Said bylaws shall be submitted for approval by the house and senate committees on post-audit and oversight, the joint committee on public safety and homeland security and the joint committee on the judiciary.

Section 5. The Commission shall monitor the implementation of correction reforms; advocate on behalf of continued reforms; and where appropriate and necessary, propose modifications in light of changed circumstances. The Commission shall also submit recommendations relative to:

the classification system used to place inmates in prisons with different levels of security; minimum security beds and transitional housing before being released to the community; disciplinary reports; substance abuse treatment, educational and vocational training within prisons; solitary confinement; correctional officer training in mental health crisis management; public accountability of the entire system; reducing the rate of re-offense by inmates released to the community; performance management and accountability systems; management capacity; monitor and oversee the DOC and HOC; staffing costs and worker absenteeism; budget, mission and priorities; view reducing the rate of re-offense by returning inmates as one of its highest public safety priorities;

comprehensive reentry strategy including risk, needs and responsivity assessment; proven programs, “step-down”, and supervised release; inmate accountability for participation in productive activities designed to reduce the likelihood that they will re-offend; DOC and HOC policies that create barriers to appropriate classification,programming, and “step-down”; inmate health and mental health services;

issues pertaining to female offenders; policies and procedures, including those related to inmate classification, discipline, and grievances; oversight and accountability systems, including an independent investigation authority, data management, and unit management; system-wide facility inspections; protection and care for inmates in protective custody; the linguistic diversity and cultural competence of the workforce;

modernizing existing facilities; developing alternative sentencing methods to reduce prison overcrowding; reduce recidivism; improve rehabilitation; reduce racial inequalities in correctional facilities

Section 6. The commission shall convene its first official meeting on or before September 1, 2020. The commission shall submit to the house and senate committees on ways and means, the joint committee on the judiciary, the joint committee on public safety and homeland security and the secretary of administration and finance yearly reports that include the dates of its meetings, meeting participants not named to the commission and whether it has identified, applied for or been selected for any federal or other funds.

Section 7. The commission shall submit a report on recommendations and findings annually on September 1 to the house and senate committees on ways and means and post-audit and oversight, the joint committee on public safety and homeland security and the joint committee on the judiciary

Section 8. Annually, each correctional institution of the commonwealth shall be visited by at least one member of the commission. Every member of the commission shall visit at least one correctional institution of the commonwealth annually;

Section 9. The commission shall advocate on behalf of any recommended reform that should be adopted by the commonwealth;

Section 10. The commission shall advise the commissioner of corrections and county Sheriff’s on policy development and priorities for DOC and HOC facilities as well as on the department’s compliance with legislative and judicial mandates;

Section 11. The commission shall meet at least 4 times per year upon the call of the chairperson, and other meetings may be called by the chairperson upon giving at least 7 days’ notice to all members and the public. Emergency meetings may be held without any notice upon the request of a majority of all voting members;

Section 12. All meetings of the commission shall be open to the public and announced through public notice at least 7 days prior to the meeting date. All inmates housed within DOC and HOC facilities shall be notified of said meetings at least 7 days prior to the meeting date. The commission shall accept written testimony in the event any individual is unable to attend the meeting.

Section 13. A majority of the voting membership of the commission shall constitute a quorum at any meeting of the commission. An action of the commission is not binding unless the action is taken pursuant to an affirmative vote of a majority of voting members present, but not fewer than 14 voting members of the commission must be present, and the vote must be recorded in the minutes of the meeting;

Section 14. The chairperson shall cause to be made a complete record of all the proceedings of the commission, which record shall be open for public inspection;

SECTION 15. Pursuant to section 63 of chapter 3 of the General Laws, the house and senate committees on post-audit and oversight of the general court in cooperation with the joint committee on public safety and homeland security and the joint committee on the judiciary shall have authority to review regulations proposed or adopted by the department of correction. The house and senate Committees on post-audit and oversight may hold public hearings concerning a proposed or existing regulation and may submit to the department of correction comments concerning the merit and appropriateness of the regulations to be promulgated and an opinion whether the regulations are authorized by, and consistent with, these chapters. The department of correction shall respond in writing within 10 days to the house and senate committees on post-audit and oversight written questions relevant to the committee's review of a proposed or existing regulation. The DOC and HOC shall provide to the house and senate committees on post-audit and oversight, without charge, copies of all public records in the department of correction's custody relating to the regulation or action in question within 10 days of a request by the house and senate committees on post-audit and oversight. The house and senate committees on post-audit and oversight may issue reports with proposed changes to a proposed or existing regulation and shall transmit this report to the department of correction. If the DOC and HOC does not adopt the proposed changes contained in the house and senate committees on post-audit and oversight’s reports, the department of correction shall notify the committee in writing of the reasons why it did not adopt the changes either at the time it adopts a proposed regulation or within 21 days of receiving the committee's report on an existing regulation.

Name:	District/Address:	Date Added:
Chynah Tyler	7th Suffolk	1/18/2019
Bud L. Williams	11th Hampden	1/28/2019
Russell E. Holmes	6th Suffolk	2/1/2019