Amendment #1033 to H4200

Anti-Shackling Compliance

Representatives Khan of Newton, Walsh of Framingham, Smizik of Brookline, Heroux of Attleboro, Decker of Cambridge, Balser of Newton, Rogers of Cambridge, Cantwell of Marshfield, Sannicandro of Ashland, Keefe of Worcester, Toomey of Cambridge, Fiola of Fall River, O'Connell of Taunton, Gonzalez of Springfield, Garballey of Arlington, Hecht of Watertown, Livingstone of Boston, Benson of Lunenburg, Provost of Somerville, Ferguson of Holden, Fox of Boston, Farley-Bouvier of Pittsfield and Ashe of Longmeadow move to amend the bill by adding the following section:

“SECTION XX. (A) The third paragraph of Section 118 (a) of Chapter 127 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following: “The department of correction shall, in consultation with the department of public health and the Massachusetts Sheriffs Association, Inc., develop statewide standards that reflect a community standard of care for pregnant and postpartum inmates, which shall apply in every correctional facility that has female inmates. The department of correction shall submit these standards to the secretary of public safety and security within 180 days.”

(B) The first paragraph of Section 118 (b) of Chapter 127 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 45, the words, “post-delivery recuperation” and inserting in place thereof the following: - “postpartum recovery of 6 weeks or longer”; the second paragraph by inserting, in lines 52-53, after the words, “a licensed health care professional” the following: - “or emergency medical personnel”; the third paragraph by striking out, in line 59, the words, “post-delivery recuperation” and inserting in place thereof the following:  - “postpartum recovery of 6 weeks or longer as determined by the attending physician”; the fourth paragraph by inserting, in line 72, after the words, “postpartum inmate” the following: - “under any circumstances or in any setting”; and, by inserting, in line 78, after the word, “superintendent” the following: - “of a state correctional facility or administrator of a county facility.”

(C) Section 118 (b) of Chapter 127 of the General Laws, as appearing in the 2014 Official Edition,  is hereby further amended by inserting after the fourth paragraph the following paragraphs: -

“The commissioner of correction and administrator of each county correctional facility shall require annual training of staff members who transport or supervise female prisoners on the requirements of this chapter.

Any time restraints are used on a pregnant or postpartum inmate, the superintendent of a state correctional facility or administrator of a county correctional facility shall submit a report within 48 hours to the secretary of public safety and security, including the date, time, duration, location, and the rationale for the use of restraints, provided, however, that such reports shall not contain individually identifying information regarding any pregnant or postpartum inmate. The secretary shall submit to the legislature an annual report regarding compliance with this section, including all incidents involving use of restraints. Such report shall be filed annually on or before July 1 with the offices of the clerk of the house and the senate, the joint committee on public safety and homeland security and the joint committee on the judiciary and shall be a public record.”

Additional co-sponsor(s) added to Amendment #1033 to H4200

Anti-Shackling Compliance