HOUSE DOCKET, NO. 2428        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2350

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Kay Khan and Priscila S. Sousa

_________________

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 to ensure compliance with the anti-shackling law for pregnant incarcerated women.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Kay Khan

11th Middlesex

1/17/2023

Priscila S. Sousa

6th Middlesex

1/30/2023

Carmine Lawrence Gentile

13th Middlesex

1/30/2023

Michael J. Barrett

Third Middlesex

1/31/2023

Michelle M. DuBois

10th Plymouth

2/7/2023

Colleen M. Garry

36th Middlesex

2/8/2023

Hannah Kane

11th Worcester

2/10/2023

Samantha Montaño

15th Suffolk

2/13/2023

Lindsay N. Sabadosa

1st Hampshire

2/15/2023

Danillo A. Sena

37th Middlesex

2/15/2023

Carol A. Doherty

3rd Bristol

2/20/2023

Natalie M. Higgins

4th Worcester

2/23/2023

James C. Arena-DeRosa

8th Middlesex

3/9/2023

Steven Owens

29th Middlesex

4/7/2023

Rebecca L. Rausch

Norfolk, Worcester and Middlesex

4/20/2023

Erika Uyterhoeven

27th Middlesex

5/15/2023


HOUSE DOCKET, NO. 2428        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2350

By Representatives Khan of Newton and Sousa of Framingham, a petition (accompanied by bill, House, No. 2350) of Kay Khan, Priscila S. Sousa and others for legislation to further amend the anti-shackling statute for incarcerated pregnant women.  Public Safety and Homeland Security.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2481 OF 2021-2022.]

 

The Commonwealth of Massachusetts

 

_______________

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

_______________

 

An Act to ensure compliance with the anti-shackling law for pregnant incarcerated women.

 

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. Subsection (b) of section 118 of chapter 127 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:-

For the purposes of this section, “postpartum recovery” shall mean the time period that occurs immediately following childbirth up to a minimum of 6 weeks, or longer as determined by a physician.

SECTION 2. Said section 118 of chapter 127, as so appearing, is hereby further amended by striking out  the words “post-delivery recuperation” in lines 45 and 62, in each instance, and inserting in place thereof the following words:- “postpartum recovery”.

SECTION 3. Said section 118 of chapter 127, as so appearing, is hereby further amended by inserting, in line 46, after the word “physician” the following words:- “or emergency medical personnel”.

SECTION 4. Said section 118 of chapter 127, as so appearing, is hereby further amended by inserting, in line 72, after the word “inmate” the following words:- “under any circumstances or in any setting”

SECTION 5. Said  section 118 of chapter 127, as so appearing, is hereby further amended by inserting, in line 78, after the word “superintendent” the following words:- “of a state correctional facility or administrator of a county facility.”

SECTION 6. Said section 118 of chapter 127, as so appearing, is hereby further amended by adding the following 3 paragraphs:-

The commissioner of correction and administrator of each county correctional facility shall require annual training of staff members who transport or supervise female prisoners as to the provisions of this section.

Any time restraints are used on a pregnant or postpartum inmate, the superintendent of a state correctional facility or administrator of a county correctional facility shall submit a report within 48 hours to the secretary of public safety and security, which shall include the date, time, duration, location and the rationale for the use of restraints, provided, however, that such reports shall not contain individually identifying information.

The secretary of public safety shall submit to the legislature a public report detailing compliance with this section, including all incidents involving use of restraints which shall be filed no later than July 1 of each year with the clerks of the senate and house of representatives, the chairs of the joint committee on public safety and homeland security and the chairs of the joint committee on the judiciary.