H 3422

HOUSE DOCKET, NO. 523  FILED ON: 1/9/2025
 HOUSE . . . . . . . . . . . . . . . No. 3422
  The Commonwealth of Massachusetts
  _________________
  PRESENTED BY:
  Chynah Tyler
  _________________
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 a jail and prison construction moratorium.
  _______________
  PETITION OF:
NAME:  DISTRICT/ADDRESS:  DATE ADDED:
Chynah Tyler  7th Suffolk  1/9/2025
Joanne M. Comerford  Hampshire, Franklin and Worcester  2/20/2025
Lindsay N. Sabadosa  1st Hampshire  2/20/2025
Samantha Montaño  15th Suffolk  2/20/2025
Steven Owens  29th Middlesex  2/20/2025
Patrick Joseph Kearney  4th Plymouth  2/20/2025
Erika Uyterhoeven  27th Middlesex  2/20/2025
Mike Connolly  26th Middlesex  2/20/2025
Marjorie C. Decker  25th Middlesex  2/20/2025
James C. Arena-DeRosa  8th Middlesex  2/20/2025
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  HOUSE DOCKET, NO. 523  FILED ON: 1/9/2025
HOUSE . . . . . . . . . . . . . . . No. 3422
    By Representative Tyler of Boston, a petition (accompanied by bill, House, No. 3422) of Chynah
    Tyler and others relative to establishing a jail and prison construction moratorium. State
    Administration and Regulatory Oversight.
  [SIMILAR MATTER FILED IN PREVIOUS SESSION
  SEE HOUSE, NO. 1795 OF 2023-2024.]
  The Commonwealth of Massachusetts
  _______________
  In the One Hundred and Ninety-Fourth General Court
  (2025-2026)
  _______________
    An Act establishing a jail and prison construction moratorium.
  Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
    establish an immediate prison and jail moratorium, therefore it is hereby declared to be an
    emergency law, necessary for the immediate preservation of the public safety and health.
  Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
    of the same, as follows:
1SECTION 1. Chapter 7C of the General Laws is hereby amended by adding the
2 following section:
3Section 73. (a) For the purposes of this section, the term “correctional facility” shall have
4 the same meaning as provided in section 1 of chapter 125.
5(b) Notwithstanding any general or special law to the contrary, a state agency or public
6 agency shall not:
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7(i) study, plan, design, acquire, lease, search for sites, or construct new correctional
8 facilities or detention centers;
9(ii) expand the capacity of an existing correctional facility or detention center beyond its
10 current design or rated capacity;
11(iii) convert any part of an existing or dormant correctional facility or detention center
12 for the purpose of detention or incarceration, including to change or expand the populations
13 incarcerated in that facility or center;
14(iv) renovate an existing or dormant correctional facility or detention center beyond
15 performing routine maintenance and improvements limited only to ensuring compliance with
16 federal and state law including building, health, and fire codes; installing plumbing fixtures such
17 as toilets, showers, sinks, doors, or locks; improving food service or health services or medical
18 service
19units; improving heating and cooling systems; removing restrictive housing units or
20 other security infrastructure; improving spaces for programming and education; provided that
21 such improvements shall not increase a facility’s bed capacity and must result in improved living
22 conditions for incarcerated people;
23(v) repair an existing or dormant correctional facility or detention center for the purposes
24 of expanding the facility or center, or increasing its bed capacity.
25SECTION 2. (a) For purposes of this section, the term “county jail and regional lockup
26 facility” shall mean a facility operated by a county sheriff that, as of the effective date of this act,
27 is used for all of the following: (i) the detention of convicted offenders; (ii) as a jail, as that term
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28 is described in section 4 of chapter 126 of the General Laws; and (iii) as a regional lockup
29 facility utilized by more than 1 municipal law enforcement agency for the detention of arrestees.
30(b) Notwithstanding clause (iii) of subsection (b) of section 73 of chapter 7C of the
31 General Laws, in the event that a county jail and regional lockup facility is closed due to the
32 closure of a county jail, the county sheriff may transfer no more than 30 beds from the closed
33 facility to an existing county correctional facility, as that term is defined in section 1 of chapter
34 125 of the General Laws, within the same county.
35SECTION 3. Section 73 of chapter 7C of the General Laws is hereby repealed.
36SECTION 4. Section 2 of this act is hereby repealed.
37SECTION 5. Sections 3 and 4 shall take effect 5 years after the effective date of this act.
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