Bill H.1789

HOUSE DOCKET, NO. 474 FILED ON: 1/13/2023

HOUSE . . . . . . . . . . . . . . . No. 1789

By Representative Tyler of Boston, a petition (accompanied by bill, House, No. 1789) of Chynah Tyler for legislation to establish a review of the impact and effectiveness of facility programming by the Department of Correction including a special commission (including members of the General Court) relative to the effects of health care in department facilities and a special commission (including members of the General Court) relative to the effects of confinement in the departmental disciplinary unit on the mental health and wellness of prisoners. The Judiciary.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3882 OF 2021-2022.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to prison reform.

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. Study and review of the impact and effectiveness of DOC facility programming.

SECTION 2. Section 48 of chapter 127 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following paragraph:-

The commissioner shall ensure that all county correctional facilities, state correctional facilities and state prisons maintain a partnership with a public institution of higher education, as identified in section 5 of chapter 15A, for the purposes of developing educational programming for prisoners and to allow prisoners with a high school diploma or its equivalent to obtain course credit toward an associate’s degree or bachelor’s degree from the public institution of higher education.

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

Section 170. Within six months of the enactment of this act, the department shall, in consultation with the department of public health, develop food standards to ensure the provision of healthy, safe, and palatable food options to people in custody of the department.

The food standards developed under this section shall:

(I) Include nutrition standards for foods purchased and served that ensure weekly menus meet or exceed the most recent Dietary Guidelines for Americans published by the U.S. Department of Agriculture and the U.S. Department of Health and Human Services, considering both positive and negative contributions of nutrients, ingredients, and foods, including but not limited to calories or portion size, saturated fat, sodium, added sugars, and the presence of fruits, vegetables, and whole grains (II) Make recommendations for offering foods and beverages that reflect the traditions and preferences of the demographics of the population in custody (III) Require that potable, palatable drinking water be accessible to people in custody at mealtimes and as much as possible throughout the day (IV) Require that each individual be given at least 20 minutes of seated time to consume each meal, not counting time spent waiting to be served (V)

Prohibit all food-related punishments (VI) Require that the same selection of food and beverages be available to department employees and people in custody.

The food standards developed under this section shall be reviewed and updated by the department as necessary, but no less often than every five years.

The food standards developed under this section shall be applied to all foods and beverages purchased, prepared, served, and sold by the department and sold or served in department facilities. All purchases made on behalf of the department shall be made in accordance with the food standards. All contracts made by the department with food service, catering, vending, or other food providers will require compliance with the food standards. All existing contracts that do not meet the standards must be revised or terminated at the next renewal stage of the contract.

Within six months of the enactment of this act and at least annually thereafter, the department shall survey the population in custody to evaluate their satisfaction with the food service and identify modifications needed to improve the food quality and eating experience.

SECTION 4. (a) There shall be a commission to review and make recommendations on the effects of health care in department of corrections facilities, including county correctional facilities, state correctional facilities and state prisons.

(b) The commission shall consist of the following 15 members: the chairs of the joint committee on public health or their designees, who shall serve as co-chairs; the secretary of the executive office of public safety or their designee; the commissioner of correction or their designee; the commissioner of public health or their designee; 2 members to be appointed by the speaker of the house of representatives; 2 members to be appointed by the senate president; 2 members to be appointed by the chair of the Massachusetts Black and Latino Legislative Caucus; 2 members to be appointed by the governor, 1 of whom shall be a formerly incarcerated person; the executive director of Prisoners’ Legal Services of Massachusetts or their designee; and the president of the National Association for the Advancement of Colored People New England Area Conference or a designee.

(c) The commission shall report and file its findings and recommendations, including any legislation, with the clerks of the house of representatives and senate and the joint committee on public safety and security not later than January 1, 2022.

SECTION 5. (a) There shall be a commission to study and make recommendations relative to the effects of confinement in the departmental disciplinary unit, also known as the DDU, on the mental health and wellness of prisoners.

(b) The commission shall consist of the following 15 members: the chairs of the joint committee on mental health, substance abuse and recovery or their designees, who shall serve as co-chairs; the secretary of the executive office of public safety or their designee; the commissioner of correction or their designee; the commissioner of public health or their designee; 2 members to be appointed by the speaker of the house of representatives; 2 members to be appointed by the senate president; 2 members to be appointed by the chair of the Massachusetts Black and Latino Legislative Caucus; 2 members to be appointed by the governor, 1 of whom shall be a formerly incarcerated person; the executive director of Prisoners’ Legal Services of Massachusetts or their designee; and the president of the National Association for the Advancement of Colored People New England Area Conference or a designee.

Name:	District/Address:	Date Added:
Chynah Tyler	7th Suffolk	1/13/2023