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HOUSE DOCKET, NO. 2383         FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2139

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Garrett J. Bradley

_______________

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 establishing the correctional officers' procedural bill of rights.

_______________

PETITION OF:

 

Name:

District/Address:

Garrett J. Bradley

3rd Plymouth

Dennis A. Rosa

4th Worcester

Michael F. Rush

Suffolk and Norfolk

Geraldo Alicea

6th Worcester

Demetrius J. Atsalis

2nd Barnstable

James M. Cantwell

4th Plymouth

Stephen L. DiNatale

3rd Worcester

James J. Dwyer

30th Middlesex

Jennifer L. Flanagan

 

Anne M. Gobi

5th Worcester

Angelo J. Puppolo, Jr.

12th Hampden

Benjamin Swan

11th Hampden


HOUSE DOCKET, NO. 2383        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2139

By Mr. Bradley of Hingham, a petition (accompanied by bill, House, No. 2139) of Garrett J. Bradley and others relative to investigations of correctional officers.  The Judiciary. 

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1571 OF 2009-2010.]


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Eleven

_______________

 

An Act establishing the correctional officers' procedural bill of rights.
 

              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 125 of the General Laws, as appearing in the most recent edition, is hereby amended by adding at the end thereof the following new section:

             

              Section 22.  This section shall also be known as "The Correction Officers Bill of Rights".

              (a) The following words and phrases as used in this section, unless a different meaning is plainly required by the context, shall have the following meanings:

              “Correctional officer”, shall mean and refer to a sworn member of the Massachusetts Department of Correction who holds one of the following titles: Correction Officer, Industrial Instructor, or Recreation Officer, or a sworn officer of any county jail or house of correction. 

              “Disciplinary action”, shall mean and refer to any action that may lead to dismissal, demotion, suspension, reduction in pay or benefits, written reprimand, or a transfer or reassignment for purposes of punishment.

               

              (b) Whenever a correctional officer is under investigation and subject to interrogation by his commanding officer, or any other member of the employing agency or office, for any reason which could lead to disciplinary action, such interrogation shall be conducted under the following conditions:

              (1)  The interrogation shall be conducted at a reasonable hour, preferably at a time when the correctional officer is on duty, unless the seriousness of the investigation is of such a degree that immediate action is required.

              (2)  The interrogation shall take place either at the office headquarters of the investigating officer or at the correctional unit in which the incident allegedly occurred, as designated by the investigating officer or employing agency or office.

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