SENATE DOCKET, NO. 2594        FILED ON: 10/15/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

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PRESENTED BY:

Jason M. Lewis

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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 prohibiting for-profit correctional facilities.

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PETITION OF:

SENATE DOCKET, NO. 2594        FILED ON: 10/15/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

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 prohibiting for-profit correctional facilities.

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. Chapter 126 of the General Laws is hereby amended by inserting, after section 40, the following section:-

Section 41. (a) Except as otherwise provided in subsections (b) or (c) or in federal law, the private operation or management of a correctional facility, jail or other facility for the purpose of incarcerating inmates shall be prohibited.

(b) Nothing in this section shall limit in any way the authority of the commissioner, sheriff or any municipality, to limit the responsibility of the department of corrections or community supervision to supervise inmates or persons released to community supervision while away from an institution.

(c) Nothing in this section shall preclude a sheriff, the commissioner of correction or any other municipal official in the unclassified service, as determined by state law or by the state or municipal government, from maintaining the custody and supervision of persons detained or confined in a local correctional facility.