HOUSE DOCKET, NO. 3535        FILED ON: 1/17/2025

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The Commonwealth of Massachusetts

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PRESENTED BY:

Antonio F. D. Cabral

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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 administering state and local agreements.

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PETITION OF:

HOUSE DOCKET, NO. 3535        FILED ON: 1/17/2025

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The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Fourth General Court
(2025-2026)

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An Act relative to administering state and local agreements.

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 37 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding the following section:

Section 27. Agreements to Enforce Federal Law

(a) Sheriffs and their employees may only perform functions pursuant to an agreement described in 8 U.S.C. § 1357(g) if the costs of such performance, including employee compensation, are borne solely by the Federal government and there is a state statute explicitly authorizing such agreements.

(b) The Sheriff shall keep books, records and accounts of all activities under this section, which shall be open to inspection and shall be annually reported to the house and senate committees on ways and means, the joint committee on the judiciary and the joint committee on public safety and homeland security. Said book shall be a public record, as defined in clause 27 of section 7 of chapter 4 of the General Laws.

SECTION 2.Chapter 124 of the General Laws, as so appearing, is hereby amended by adding the following section:

Section 11. Agreements to Enforce Federal Law.

(a) Any employee of the department of corrections, jail, houses of corrections, or other correctional institutions of the Commonwealth may only perform functions pursuant to an agreement described in 8 U.S.C. § 1357(g) if the costs of such performance, including employee compensation, are borne solely by the Federal government and there is a state statute explicitly authorizing such agreements.

(b) The commissioner of correction shall keep books, records and accounts of all activities under this section, which shall be open to inspection and shall be annually reported to the house and senate committees on ways and means, the joint committee on the judiciary and the joint committee on public safety and homeland security. Said book shall be a public record, as defined in clause 27 of section 7 of chapter 4 of the General Laws.

SECTION 3. Chapter 12 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after Section 5O the following new sections:-

Section 5P. 

(a) As used in this section, the following words shall have the following meanings:

“Agreement”, any contract, agreement, memorandum of understanding, or other arrangement pursuant to Section 1357(g) of Title 8 of the United States Code.

"Law enforcement agency”, an agency in the Commonwealth charged with enforcement of state and municipal laws, including but not limited to municipal police departments, campus police departments, and Massachusetts State Police.

(b) The Commonwealth and any law enforcement agencies, municipalities, or other subdivisions and their employees may only perform functions pursuant to an agreement described in 8 U.S.C. § 1357(g) if the costs of such performance, including employee compensation, are borne solely by the Federal government and there is a state statute explicitly authorizing such agreements.

(c) The Attorney General may promulgate rules and regulations for purposes of implementing this section, including but not limited to keeping books, records and accounts of all activities under this section and said book shall be a public record, as defined in clause 27 of section 7 of chapter 4 of the General Laws.