FILED ON: 7/28/2022

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 5112

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

An Act to provide voice communication services at no cost to inmates.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide voice communication services at no cost to inmates, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
 

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. Sections 2XXXXX and 2ZZZZZ of said chapter 29 are hereby repealed.

SECTION 2.  Said chapter 127 is hereby further amended by inserting after section 87 the following section:-

Section 87A.  (a) For the purposes of this section, the terms “state correctional facilities”, “state prison” and “county correctional facility” shall have the same meanings as in section 1 of chapter 125.

(b)  The department of correction and sheriffs shall provide persons committed to state correctional facilities, state prisons and county correctional facilities, including jails and houses of correction, with voice communication services, including phone calls, free of charge to the person initiating and the person receiving the communication; provided, however, that voice communication services shall be maximized to the extent possible and nothing in this section shall further limit or restrict access to voice communication services as the services were offered and available at such facilities on July 1, 2022; and provided further, that nothing in this section shall prohibit in-person contact visits.

(c)  The department of correction and sheriffs may supplement voice communication services with other communication services, including, but not limited to, video and electronic communication services; provided, however, that other communication services shall not replace voice communication services; and provided further, that other communication services shall be provided free of charge to the person initiating and the person receiving the communication.

SECTION 3.  Said chapter 127 is hereby further amended by adding the following section:-

Section 170.  (a) For the purposes of this section, the terms “county correctional facility”, “state correctional facility” and “state prison” shall have the same meanings as in section 1 of chapter 125.

(b)  State correctional facilities, state prisons, county correctional facilities and entities contracting with such facilities shall not charge more than 3 per cent over the purchase cost for commissary items. The department of correction and county sheriffs shall maximize discounts procured from bulk purchasing of commissary items or other contracting opportunities that reduce the cost of such items and shall not receive commissions, revenue or other financial incentives in any contract with a seller, supplier or vendor of commissary items. Commissary items offered shall include gender affirming items, consistent with section 32A, and culturally appropriate items for all communities in custody

SECTION 4.  (a) Notwithstanding any general or special law to the contrary, no voice communication services contract in force on the effective date of this act shall be affected by section 71; provided, that voice communication services shall be free of charge to the person initiating and the person receiving the communication on January 1, 2023; provided further, that other communication services offered pursuant to said section 71, including, but not limited to, video and electronic communication services shall be offered free of charge to the person initiating and the person receiving the communication on January 1, 2023.

(b)  Notwithstanding any general or special law to the contrary, upon the expiration of any contract for voice communication services the department of corrections and the sheriffs shall seek to maximize purchasing power and consolidate contracts to the extent feasible; provided, that not later than July 1, 2023, the department of correction and the sheriffs shall report to the house and senate committees on ways and means and the joint committee on the judiciary on the status of any communication services contracts and plans to consolidate contracts to maximize purchasing power for voice communication services.

(c)  Notwithstanding any general or special law to the contrary any financial incentive received in connection with a voice communication services or other communication services contract, including, but not limited to a commission, shall revert to the General Fund.

(d)  Any service, benefit or program for incarcerated people to which commissary commissions were specifically designated in fiscal year 2022 including, but not limited to, the Inmate Benefit Fund, The Law Library and the Central Program Account in the state prison system, shall be funded by the department of correction and the sheriffs at not less than the level of funding in fiscal year 2022.

SECTION 5.  Section 1 shall take effect on July 1, 2024.

SECTION 6.  Sections 3 shall take effect on July 1, 2023.

SECTION 7. This act shall take effect on July 1, 2022.