SENATE DOCKET, NO. 1643        FILED ON: 1/19/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1206

The Commonwealth of Massachusetts

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PRESENTED BY:

Liz Miranda

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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 to reinvest justice and opportunity in communities affected by incarceration.

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PETITION OF:

SENATE DOCKET, NO. 1643        FILED ON: 1/19/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1206

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 to reinvest justice and opportunity in communities affected by incarceration.

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. Chapter 29 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-

Section 2DDDDD. (a) There shall be established a Strong Communities and Workforce Development Fund. Monies transferred to the fund shall be continuously expended, without regard for fiscal year, exclusively for carrying out the purposes of this section.

(b) There shall be a board of directors consisting of individuals from and with experience advocating on behalf of communities that are: (i) disproportionately impacted by the criminal justice system; (ii) in a census tract where over 20 percent of the population falls below 250 percent of the federal poverty line. The board shall be comprised entirely of individuals who belong to a demographic of socially and economically disadvantaged persons and those historically underrepresented in positions of power, to consist of seven total members. The board shall consist of 3 persons appointed by the governor; 2 persons appointed by the senate president; and 2 persons appointed by the speaker of the house of representatives. Once all initial members have been appointed, their initial terms shall be assigned by the Inspector General according to the following lottery: two shall be appointed for one year, three shall be appointed for two years, and two shall be appointed for three years. They shall serve without compensation. The appointing authority shall designate new board members upon notification by the chair that a vacancy exists.   

(c)The executive office of housing and economic development shall provide staff support to the board of directors. The total expenditure from the fund for administration, including salaries and benefits of supporting staff shall not exceed 5 percent of the total amount disbursed by the fund in any given fiscal year.

(d) It shall be the duty of the executive office of public safety and security to calculate the aggregate annual population of the department of corrections and the houses of corrections, and to calculate annually an average marginal cost rate per inmate among the department of corrections and the houses of corrections, based on the actual marginal cost rates used by the department of corrections and the houses of corrections for their budgeting purposes. 

(e) The secretary of housing and economic development shall annually determine the difference between the combined population of the department of corrections and the houses of corrections in fiscal year 2020, multiplied by the rate of total population growth for the commonwealth since fiscal year 2020, and the actual combined population of the department of corrections and the houses of corrections in that year. The secretary shall multiply said difference by the average marginal cost rate per inmate. The secretary shall certify this calculation to the joint committee on ways and means, the secretary of administration and finance, and the comptroller for the prior fiscal year no later than October 1 of each year. The comptroller shall transfer an amount equal to one half of the product of this calculation to the fund no later than October 15 of each year. Further, the secretary shall post this calculation and supporting documents on a public website where other information on the Strong Communities Workforce Development Fund and its grantmaking are located. 

(f) Monies in the fund shall be competitively granted for the purpose of developing and strengthening communities heavily impacted by crime and the criminal justice system, by creating opportunities for job training, job creation, and job placement for those who face high barriers to employment. The target population is defined as any person who meets two or more of the following characteristics: (i) is under 25 years of age; (ii) is a victim of violence; (iii) does not have a high school diploma (if over 18 years of age); (iv) has been convicted of a felony; (v) has been unemployed or has had family income below 250 percent of the federal poverty level for six months or more; or (vi) lives in a census tract where over 20 percent of the population falls below the federal poverty line.

(g) Eligible grant recipients shall exhibit a model of creating employment opportunities for members of the target population or, in the case of programs serving a target population aged 20 years and under, may instead demonstrate a model of building within such members the skills necessary for future employment. Such models shall be supported by research and evaluation and may include any of the following: transitional employment programs; social enterprise; pre-apprenticeship or other training programs; school- or community-based high school dropout prevention and re-engagement programs; cooperative and small business development programs; and community-based workforce development programs. 

SECTION 2. Chapter 227 of the Acts of 2020 is hereby amended in line item 7002-2021 by inserting at the end of the line item the following sentences:-

Provided further following June 30, 2022, the grant program shall be maintained from funds expended from the Strong Communities and Workforce Development Fund pursuant to Section 1.