Amendment #1 to H5305

An Amendment To Address the Commercial Lease of Land for use as a Detention Center

Mr. Gordon of Bedford moves to amend the bill by adding the following sections:

Section 1

SECTION XX. Definitions

Lessor – For the purposes of this legislation, “Lessor” shall refer to any entity that leases land or improvements thereon in the Commonwealth for any commercial purpose, and includes but is not limited to any related corporate entities to said lessor and its subsidiaries, parents, affiliated entities, officers, directors, shareholders, managers, members or agents acting on its behalf.

Lessee – Any entity that leases property from a lessor under this chapter, including but not limited to the lessor and its subsidiaries, parents, affiliated entities, officers, directors, shareholders, managers, members or agents acting on its behalf.

Lease – For purposes of this legislation, the term “lease” refers to any Massachusetts lease or lease renewal that is entered between a commercial lessor and lessee that is dated March 1, 2026 or thereafter.  Any provision in a lease for property located in Massachusetts for use or intended use as a detention center that restricts the choice of laws or jurisdiction of the lease to any jurisdiction other than Massachusetts is unenforceable.

Detention Center – For purposes of this legislation, a “detention center” is any facility in Massachusetts that is used for the purpose of routinely detaining people against their will for more than 12 hours in any 24 hour period.  Specifically excluded from the definition of a detention center is the Commonwealth of Massachusetts and any of its political subdivisions, including but not limited to the counties of Massachusetts.

Section 2

Chapter 23A of the General Laws is hereby amended by adding the following section:

SECTION XX. No lessor of Massachusetts property that is intended to be used or is, in fact, used as a detention center is eligible for a MassWorks grant, or any other public grant, during the pendency of the lease.

Section 3

Chapter 40 of the General Laws is hereby amended by adding the following section:

SECTION XX. Any municipality in which a detention center is operated may assess against the owner or lessor of the property upon which the detention center is cited a fee for the expenses caused by the use of the property as a detention center, including but not limited to costs, fees and expenses for public safety or public health caused by the operation of the facility or by any public response to the operation of the detention center, or by any response to said public response.

Section 4

Chapter 212 of the General Laws is hereby amended by adding the following section:

SECTION XX. Any person who resides within 100 yards of any property used as a detention center, or any business with a location within 100 yards of any property used as a detention center or that is located on the same street and within 200 yards of property use as a detention center may bring a cause of action in the Superior Court for property damage or economic damage that it may prove, caused by the operation of the detention center or any public response to said detention center or any response to said public response.

Section 5

Chapter 147 of the General Laws is hereby amended by adding to the following new section:

SECTION XX. Any lease or lease renewal of any leasehold where the lessor knows or has reason to know will be used as a detention center shall include a provision consistent with Section 3(2)(c) of this Act. Any individual detained in any detention center as defined by this section may bring a cause of action pursuant to G.L. c. 12 § 11I against any lessor of any such detention center alleging either a violation of the individual’s civil rights while detained at said leasehold or that the language required by this section was not included in the lease.

Section 6

Chapter 143 of the General Laws is hereby amended by adding the following new section:

SECTION XX. There shall be a one-year moratorium from the date of any Purchase and Sale Agreement to the Sale Closing for any parcel of property in which the seller knows or should know will to be used as a detention center, to provide ample opportunity for any municipality in which the property is located or that is affected by any such property to determine that it has proper infrastructure to support the facility including but not limited to water, sewer, and power. The municipality may extend the moratorium up to one additional year.

Additional co-sponsor(s) added to Amendment #1 to H5305

An Amendment To Address the Commercial Lease of Land for use as a Detention Center