Section 87A of chapter 127 of the General Laws, inserted by chapter 64 of the acts of 2023, is hereby amended by adding the following 2 subsections:-

(d) The department of correction, sheriff, prison, correctional facility or communication services contractor shall not monitor or record the content of voice, video or electronic communications between a member of the house of representatives or senate and a person committed to a state correctional facility, state prison or county correctional facility, including a jail or house of correction.

(e)  A person committed to a state correctional facility, state prison or county correctional facility, including a jail or house of correction, shall have the privilege to refuse to disclose and to prevent others from disclosing confidential communications made during in-person, voice, video or electronic communications with a member of the house of representatives or the senate; provided, that a communication shall be considered confidential if it is not intended to be disclosed to a third person; and provided further, that this privilege shall not apply to communications relevant to the furtherance of a crime or fraud.