Mass. Gen. Laws ch. 127, sec. 39G — MA Code / Part I / Title XVIII / Chapter 127 / Section 39G
Restrictive housing; restrictive housing oversight committee
Status: in_force

Section 39G. (a) There shall be established a restrictive housing oversight committee, hereinafter in this section referred to as the committee, which shall consist of: the secretary of the executive office of public safety and security or a designee, who shall serve as chair; the commissioner of the department of correction or a designee; the commissioner of mental health or a designee; and 9 members to be appointed by the governor, 1 of whom shall be a correctional administrator with expertise in prison discipline or prison programming, 1 of whom shall be a member of a correctional officers union, 1 of whom shall have significant and demonstrated experience in criminal justice or corrections policy research; 1 of whom shall be the president of Massachusetts Sheriffs Association, Inc. or a designee, 1 of whom shall be a former judge designated by the chief justice of the supreme judicial court, 1 of whom shall be the executive director of Disability Law Center, Inc. or a designee, 1 of whom shall be the executive director of Prisoners' Legal Services or a designee, 1 of whom shall be the executive director of the Massachusetts Association for Mental Health, Inc. or a designee and 1 of whom shall be a licensed social worker designated by the Massachusetts chapter of the National Association of Social Workers, Inc. Members of the committee shall serve without compensation but shall be reimbursed for all reasonable expenses incurred in the performance of their official duties. Members of the committee shall be considered special state employees for purposes of chapter 268A. (b) The committee shall gather information regarding the use of restrictive housing in correctional institutions to determine the impact of restrictive housing on inmates, rates of violence, recidivism, incarceration costs and self-harm within correctional institutions. (c) The committee shall be provided access to all correctional institutions consistent with their duties and shall be allowed to interview prisoners and staff. (d) The committee shall annually, not later than January 31, submit to the house and senate chairs of the joint committee on the judiciary and the house and senate chairs of the joint committee on public safety and homeland security a report offering its recommendations on the use of restrictive housing in the commonwealth, including ways to minimize its use and improve outcomes for prisoners and facility safety. The report shall also include the following information for each correctional institution: (1) the criteria for placing an inmate in restrictive housing; (2) the extent to which staff who work with prisoners in restrictive housing receive specialized training; (3) the results of evaluations of the process of restrictive housing in the commonwealth and other states; (4) the impact of use of restrictive housing on prison order and control in correctional facilities; (5) the cost of housing an inmate in restrictive housing compared with the cost of housing an inmate in general population; and (6) the conditions of restrictive housing in the commonwealth.

Section 39G. (a) There shall be established a restrictive housing oversight committee, hereinafter in this section referred to as the committee, which shall consist of: the secretary of the executive office of public safety and security or a designee, who shall serve as chair; the commissioner of the department of correction or a designee; the commissioner of mental health or a designee; and 9 members to be appointed by the governor, 1 of whom shall be a correctional administrator with expertise in prison discipline or prison programming, 1 of whom shall be a member of a correctional officers union, 1 of whom shall have significant and demonstrated experience in criminal justice or corrections policy research; 1 of whom shall be the president of Massachusetts Sheriffs Association, Inc. or a designee, 1 of whom shall be a former judge designated by the chief justice of the supreme judicial court, 1 of whom shall be the executive director of Disability Law Center, Inc. or a designee, 1 of whom shall be the executive director of Prisoners' Legal Services or a designee, 1 of whom shall be the executive director of the Massachusetts Association for Mental Health, Inc. or a designee and 1 of whom shall be a licensed social worker designated by the Massachusetts chapter of the National Association of Social Workers, Inc.

Members of the committee shall serve without compensation but shall be reimbursed for all reasonable expenses incurred in the performance of their official duties. Members of the committee shall be considered special state employees for purposes of chapter 268A.

(b) The committee shall gather information regarding the use of restrictive housing in correctional institutions to determine the impact of restrictive housing on inmates, rates of violence, recidivism, incarceration costs and self-harm within correctional institutions.

(c) The committee shall be provided access to all correctional institutions consistent with their duties and shall be allowed to interview prisoners and staff.

(d) The committee shall annually, not later than January 31, submit to the house and senate chairs of the joint committee on the judiciary and the house and senate chairs of the joint committee on public safety and homeland security a report offering its recommendations on the use of restrictive housing in the commonwealth, including ways to minimize its use and improve outcomes for prisoners and facility safety. The report shall also include the following information for each correctional institution: (1) the criteria for placing an inmate in restrictive housing; (2) the extent to which staff who work with prisoners in restrictive housing receive specialized training; (3) the results of evaluations of the process of restrictive housing in the commonwealth and other states; (4) the impact of use of restrictive housing on prison order and control in correctional facilities; (5) the cost of housing an inmate in restrictive housing compared with the cost of housing an inmate in general population; and (6) the conditions of restrictive housing in the commonwealth.