Amendment ID: S3072-9
Amendment 9
Detainee Rights
Mr. Gómez, Ms. Rausch, Ms. Edwards, Messrs. Eldridge, Mark and Keenan and Ms. Jehlen move that the proposed new text be amended by inserting after section x the following section:-
SECTION X. Chapter 127 of the General Laws is hereby amended by inserting after section 87A the following section:-
Section 87B. (a) This section shall apply to any state correctional facility, state prison or county correctional facility that houses individuals pursuant to an intergovernmental service agreement or other contract for detention under federal civil immigration authority.
(b) Upon intake, the facility shall provide each detained individual, in the individual’s primary language: (i) written notice of the right to legal counsel; (ii) written notice of the right to decline interviews by federal immigration authorities or consular officials unless counsel is present; (iii) instructions for contacting counsel and legal services; and (iv) the facility’s procedures for confidential legal communications and grievance review.
(c) The facility shall ensure confidential, unmonitored attorney-client telephone communications. In addition to outbound calling options, the facility shall provide a verified immigration-counsel line that permits counsel of record in an immigration proceeding to complete not less than 1 confidential inbound call per day with the detained individual, or, if direct inbound calling is technologically infeasible, the facility shall provide a system for counsel to request a confidential callback that occurs within 24 hours of the request.
(d) The facility shall maintain a secure electronic locator system identifying individuals detained under federal civil immigration authority. The locator shall not be made publicly available. The locator shall be updated not later than 6 hours after intake into the facility and not later than 6 hours after any transfer into or out of the facility. At minimum, the locator shall provide: (i) confirmation of custody in the facility; (ii) contact-routing information sufficient for counsel and family to maintain contact; and (iii) a facility phone process for legal calls and general inquiries. Access shall be provided to: (1) counsel of record; (2) legal services organizations designated by the secretary; and (3) a person designated by the detained individual at intake orally or in writing and recorded in the intake record; provided, however, that the detained individual may elect confidential status, in which case access under clause (3) shall not be provided unless later authorized by the detained individual. The facility shall implement reasonable identity verification, auditing and privacy safeguards and shall limit disclosure to the minimum information necessary to locate and contact the detained individual. The facility shall adopt written policies for identity verification and access control, shall maintain audit logs of access attempts and disclosures for not less than 1 year and shall provide the secretary with such policies upon request.
(e) The facility shall provide meaningful language access, including translated intake materials and qualified interpretation for medical, mental health, disciplinary, legal-access and grievance interactions.
(f) The facility shall not impede a detained individual’s access to immigration relief or required proceedings. The facility shall provide transportation to, or functional remote access for, mandatory government appointments, including but not limited to Executive Office for Immigration Review hearings, United States Citizenship and Immigration Services biometrics, fingerprinting, interviews and any other court-ordered proceeding. The facility shall document compliance and promptly notify counsel of record of any appointment that is rescheduled or missed for facility-related reasons.
(g) The secretary of public safety and security shall promulgate regulations establishing minimum compliance and auditing standards for this section.
(h) Not later than 2 hours after intake, the facility shall provide each detained individual the opportunity to place 1 free telephone call to a person of the individual’s choosing for the purpose of notifying that person of the individual’s location and arranging care or other urgent personal matters; provided, however, that the facility may delay the call only for documented, case-specific security or medical reasons and shall provide the call as soon as practicable.
(i) The facility shall maintain a single telephone hotline, with hours of operation sufficient to provide timely location confirmation, by which a caller may obtain confirmation of whether an individual is in custody at the facility and obtain contact instructions; provided, however, that the facility may require the caller to provide the individual’s full name and date of birth, and additional identifying information only as necessary to resolve multiple matches. The facility shall, upon transfer of a detained individual to or from the facility, make reasonable efforts to notify counsel of record and any designated contact recorded pursuant to subsection (d) not later than 6 hours after the transfer is effected, including the name of the receiving facility and instructions for locating the individual.