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The 193rd General Court of the Commonwealth of Massachusetts

Section 1B: Inspection of county correctional facilities; compliance with minimum standards; report; notice of violations; enforcement procedure

Section 1B. At least once each six months the commissioner or his delegate shall inspect each county correctional facility to determine compliance with minimum standards. The results of such inspections shall be summarized in the annual report of the commissioner to the general court. Personnel of the department shall be admitted to all county correctional facilities as required for the purposes of this section.

If, in the opinion of the commissioner, any county correctional facility does not comply with the standards established by him for county correctional facilities, the commissioner shall give notice of the alleged violation to the sheriff and the county commissioners of the county in which such facility is located except that in the case of Suffolk County House of Correction such notice shall be given to the penal institutions commissioner of the city of Boston. Said notice shall specify the particular standards that in the commissioner's opinion have not been met by such facility. The officials so notified shall have the right to be heard by the commissioner with regard to the alleged violation and shall have a reasonable period of time to remedy any such violation. If, in the opinion of the commissioner, the facility has not been brought into compliance with the aforesaid standards within a reasonable time from the date when notice of their violation is given, the commissioner may petition the Superior Court in equity in the county in which such facility is located for an order to close the facility or for other appropriate relief. The Superior Court shall have jurisdiction to enter such an order.