HOUSE DOCKET, NO. 2651        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2046

The Commonwealth of Massachusetts

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PRESENTED BY:

Dylan A. Fernandes

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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 establishing the Dukes County Sheriff’s regional lockup fund.

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PETITION OF:

HOUSE DOCKET, NO. 2651        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2046

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2155 OF 2021-2022.]

The Commonwealth of Massachusetts

_______________

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

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An Act establishing the Dukes County Sheriff’s regional lockup fund.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 10 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 35:57A the following section:

SECTION 35:58.

(a) There shall be established and set upon the books of the commonwealth a separate fund to be known as the Dukes County Sheriff Regional Lockup Fund to be administered by the Dukes County Sheriff’s Office.

(b) The purpose of the Fund shall be to provide the only state-funded regional lockup service to the towns in Dukes County to which facility persons arrested with or without a warrant, taken into protective custody, held on contempt or by court order, or arrested under any civil process may be detained. Police officers shall have the full authority and jurisdiction of a police officer anywhere in the County while transporting an incarcerated or detained person to a regional lockup facility as well as during transport through any city, town, or county, including to and at a hospital or medical or psychiatric facility or office, or to, at or on a ferry or aircraft if appropriate, and throughout the arrest, delivery and booking process. A municipal police department that is a member of the Dukes County Regional Lockup Facility System does not have to comply with section 36C of chapter 40. A town may become a member of the Dukes County Regional Lockup Facility System by executing a written agreement with the Sheriff of Dukes County. The regional lockup facility superintendent, appointed by the sheriff of Dukes County, and deputy sheriffs of Dukes County where the regional lockup facility is located, shall have the same authority, jurisdiction, and duty as a police officer to detain, book, hold, and transport a pre-arraignment incarcerated person or any other detained or incarcerated person to or from the regional lockup facility.

(c) There shall be credited to the Fund all amounts that are, by law, transferred or authorized to be transferred thereto or directed to be deposited therein, and all amounts received as gifts, grants or contributions for the purposes of the Fund. Amounts credited to the Fund shall not be subject to further appropriation and any money remaining in the Fund at the end of a fiscal year shall not revert to the General Fund.