HOUSE DOCKET, NO. 734        FILED ON: 1/17/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2411

The Commonwealth of Massachusetts

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PRESENTED BY:

Chynah Tyler

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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 relative to the spread of COVID-19 in correctional facilities.

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PETITION OF:

HOUSE DOCKET, NO. 734        FILED ON: 1/17/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2411

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3886 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 the spread of COVID-19 in correctional facilities.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to ensure regular testing of correctional facility staff members during the COVID-19 outbreak in the Commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health and 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. For the purposes of this act, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

“Administrator”, chief administrative officer of a county correctional facility.

“Correctional facility”, any building, enclosure, space or structure used for the custody, control and rehabilitation of committed offenders and of such other persons as may be placed in custody therein in accordance with law.

“County correctional facility” or “jail”, any correctional facility or jail owned, operated, administered or subject to the control of a county of the commonwealth.

“State correctional facility” or “prison”, any correctional facility or prison owned, operated, administered or subject to the control of the department of correction, including but not limited to: Massachusetts Correctional Institution, Cedar Junction; Massachusetts Correctional Institution, Norfolk; Massachusetts Correctional Institution, Concord; Massachusetts Correctional Institution, Framingham; Massachusetts Correctional Institution, Shirley; Souza-Baranowski Correctional Center; and Bridgewater State Hospital.

“Superintendent”, the chief administrative officer of a state correctional facility or prison.

SECTION 2. (a) Prior to starting a shift, each employee, including correctional officers, of a state correctional facility or county correctional facility shall be provided with and take a COVID-19 rapid antigen test before entering the facility. Individual employees shall produce a negative test before entering a site at the start of each work day.

(b) In a state correctional facility, the superintendent shall be responsible for providing tests and ensuring that only employees who test negative for COVID-19 enter the state correctional facility. In a county correctional facility, the administrator shall be responsible for providing tests and ensuring that only employees who test negative for COVID-19 enter the county correctional facility.