reglab/housing_qa huggingface dataset:
MA Gen L ch 127 § 38b (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVIII - Prisons, Imprisonment, Paroles and Pardons|Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons|Section 38b - Assaults Upon Guards; Bodily Substances; Penalty

Section 38B. (a) For the purposes of this section, ''bodily substance'' shall mean any human secretion, discharge or emission including, but not limited to, blood, saliva, mucous, semen, urine or feces.  (b) Any person in the custody of a correctional facility, including any jail, house of correction, trial court detention facility or state prison, who commits an assault or an assault and battery upon an officer or other employee, any volunteer or employee of a contractor in any such facility or any duly authorized officer or other employee of any such facility engaged in the transportation of a prisoner for any lawful purpose shall be punished by imprisonment for not more than 2 and one-half years in a jail or house of correction or for not more than 10 years in a state prison. Such sentence shall begin from and after all sentences currently outstanding and unserved at the time of said assault or assault and battery.  (c) Any person in the custody of a correctional facility, including any jail, house of correction, trial court detention facility or state prison, who commits an assault or an assault and battery by means of a bodily substance upon an officer or other employee, any volunteer or employee of a contractor in any such facility or any duly authorized officer or other employee of any such facility engaged in the transportation of a prisoner for any lawful purpose shall be punished by imprisonment for not more than 2 and one-half years in a jail or house of correction or for not more than 10 years in a state prison. Such sentence shall begin from and after all sentences currently outstanding and unserved at the time of said assault or assault and battery.
MA Gen L ch 127 § 38c (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVIII - Prisons, Imprisonment, Paroles and Pardons|Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons|Section 38c - Felonies in Correctional Institutions; Notice to District Attorney

Section 38C. Whenever the superintendent of a correctional institution of the commonwealth determines that a felony has been committed therein, he shall forthwith notify the district attorney for the county in which such institution is located.
MA Gen L ch 127 § 38d (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVIII - Prisons, Imprisonment, Paroles and Pardons|Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons|Section 38d - Notice of Transfer of Prisoner Convicted of Offense Against Officer, Guard or Correctional Institution Employee

Section 38D. At the request of any correction officer, guard or other employee of any jail, house of correction or correctional institution, the commissioner, sheriffs or their designees shall provide notice to such officer, guard or employee of any transfer between such facilities or similar facilities utilized by the commonwealth or any political subdivision within or without the commonwealth of a prisoner convicted of an offense against such officer, guard or employee.
MA Gen L ch 127 § 38e (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVIII - Prisons, Imprisonment, Paroles and Pardons|Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons|Section 38e - Inmate Complaints; Grievance System; Grievance Resolution

Section 38E. (a) The commissioner shall promulgate regulations to establish a fair, impartial, speedy and effective system for the resolution of grievances filed against the department, its officers or employees, by inmates who are committed to, held by or in the custody of the department in a state, county, or federal correctional facility, or the Massachusetts treatment center. The commissioner, in consultation with the county sheriffs, shall also promulgate regulations for the resolution of grievances filed against a county of the commonwealth, its officials or employees, by inmates who are committed to, held by, or in the custody of a county sheriff.  (b) A grievance system shall provide but not be limited to:  (1) specific maximum time limits for written replies to grievances with reasons for such replies at each decision level within the system;  (2) priority processing of grievances that are of an emergency nature, including matters in which delay would subject the petitioner to substantial risk of personal injury or other damages;  (3) safeguards to avoid reprisals against any petitioner or participant in the resolution of a grievance.  (c) Grievances that may be brought by inmates subject to the provisions of subsections (a) and (b) shall include all grievances arising out of or resulting from a condition of or occurrence during confinement, whether or not said grievance is presented in the form of petition for a writ of habeas corpus. A petition for a writ of habeas corpus seeking only release from unlawful imprisonment or restraint and no other relief shall not be subject to the provisions of this section. All applicable statute of limitations and presentment periods shall be tolled from the date of the filing of a grievance pursuant to this section until the final administrative resolution of the grievance.
MA Gen L ch 127 § 38f (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVIII - Prisons, Imprisonment, Paroles and Pardons|Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons|Section 38f - Exhaustion of Administrative Remedies Under Sec. 38e; Court Consideration of Inmate Claims; Exceptions

Section 38F. An inmate shall not file any claim that may be the subject of a grievance under section 38E unless the inmate has exhausted the administrative remedy established pursuant to said section 38E; but the court may consider such claim if a final administrative resolution of a grievance filed pursuant to said section 38E has not been decided within 180 days from the date of filing such a grievance, or if the inmate can demonstrate to the court that exigent circumstances exist which, if delayed pursuant to the requirements of this section, would jeopardize the life or seriously impair the health of the inmate, or, for actions seeking equitable relief.
MA Gen L ch 127 § 38g (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVIII - Prisons, Imprisonment, Paroles and Pardons|Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons|Section 38g - Disposition of Court Actions Pending Upon Effectiveness of Regulations Promulgated Under Sec. 38e

Section 38G. Any claim that may be the subject of a grievance under the provisions of section 38E which is pending in any court when the regulations promulgated pursuant to section 38E take effect, may be dismissed without prejudice or may be continued by the court for up to 80 days, upon a finding that a continuance or dismissal would be appropriate and in the interests of justice to permit resolution of the claim under the terms specified by the grievance procedure established in section 38E.
MA Gen L ch 127 § 38h (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVIII - Prisons, Imprisonment, Paroles and Pardons|Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons|Section 38h - Judicial Review of Final Decision on Grievance

Section 38H. A final decision with respect to a grievance shall be subject to judicial review in accordance with section 14 of chapter 30A, in the superior court for the county in which the inmate is incarcerated or otherwise being held, or in Suffolk county. A complaint filed with the court by an inmate in accordance with this section shall be accompanied by a copy of the final decision for which review is sought, if any, and a complaint not so accompanied subject to the exclusion in section 38F shall not be accepted for filing. The availability of review under this section shall not be construed to limit any judicial remedies otherwise available.
MA Gen L ch 127 § 39a (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVIII - Prisons, Imprisonment, Paroles and Pardons|Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons|Section 39a - Restrictive Housing; Prohibitions on Placement of Certain Prisoners in Restrictive Housing

Section 39A. (a) A prisoner shall not be held in restrictive housing if the prisoner has a serious mental illness or a finding has been made, pursuant to subsections (c) or (d) of section 39 or otherwise, that restrictive housing is clinically contraindicated unless, not later than 72 hours after the finding, the commissioner, the sheriff or a designee of the commissioner or sheriff certifies in writing: (i) the reason why the prisoner may not be safely held in the general population; (ii) that there is no available placement in a secure treatment unit; (iii) that efforts are being undertaken to find appropriate housing and the status of the efforts; and (iv) the anticipated time frame for resolution. A copy of the written certification shall be provided to the prisoner. A prisoner in restrictive housing shall be offered additional mental health treatment in accordance with clinical standards adopted by the department of correction.  (b) If a prisoner needs to be separated from general population to protect the prisoner from harm by others, the prisoner shall not be placed in restrictive housing, but shall be placed in a housing unit that provides approximately the same conditions, privileges, amenities and opportunities as in general population; provided, however, that the prisoner may be placed in restrictive housing for not more than 72 hours while suitable housing is located. A prisoner shall not be held in restrictive housing to protect the prisoner from harm by others for more than 72 hours unless the commissioner, the sheriff or a designee of the commissioner or sheriff certifies in writing: (i) the reason why the prisoner may not be safely held in the general population; (ii) that there is no available placement in a unit comparable to general population; (iii) that efforts are being undertaken to find appropriate housing and the status of the efforts; and (iv) the anticipated time frame for resolution. A copy of the written certification shall be provided to the prisoner.  (c) The fact that a prisoner is lesbian, gay, bisexual, transgender, queer or intersex or has a gender identity or expression or sexual orientation uncommon in general population shall not be grounds for placement in restrictive housing.  (d) A pregnant inmate shall not be placed in restrictive housing.  (e) The department shall promulgate regulations regarding the placement or prohibition of placement of persons with permanent physical disabilities in restrictive housing.  (f) A prisoner shall not be confined to restrictive housing except pursuant to section 39 or this section.
MA Gen L ch 127 § 39b (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVIII - Prisons, Imprisonment, Paroles and Pardons|Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons|Section 39b - Restrictive Housing; Placement Reviews

Section 39B. (a) All prisoners confined to restrictive housing shall receive placement reviews at the following intervals, and may receive them more frequently, if a prisoner: (i) is being confined to restrictive housing pursuant to subsection (a) of section 39A, every 72 hours; (ii) is being confined to restrictive housing pursuant to subsection (b) of section 39A, every 72 hours; (iii) is awaiting adjudication of an alleged disciplinary breach, every 15 days; (iv) has been committed to disciplinary restrictive housing, not later than 6 months and every 90 days thereafter; and (v) is being held for any other reason, every 90 days.  (b) After a placement review, the prisoner shall be retained in restrictive housing only if it is determined that the prisoner poses an unacceptable risk as provided in subsection (a) of section 39 or if the commissioner, the sheriff or a designee of the commissioner or sheriff re-certifies, in writing, the findings required by subsections (a) or (b) of section 39A.  (c) If a prisoner's placement in restrictive housing may reasonably be expected to last more than 60 days, the prisoner shall: (i) have 24 hours written notice of placement reviews; (ii) have the opportunity to participate in reviews in person or in writing; (iii) upon review, if no placement change is ordered, be provided with a written statement as to the evidence relied on and the reasons for the placement decision; and (iv) not more than 15 days after the initial placement and upon placement review, if no placement change is ordered, be advised as to behavior standards and program participation goals that will increase the prisoner's chances of a less restrictive placement upon next placement review.  (d) A prisoner who is committed to a secure treatment unit following an allegation or finding of a disciplinary breach shall receive placement reviews at intervals not less than as frequently as if the prisoner were confined to restrictive housing.  (e) The commissioner shall promulgate regulations establishing standards and procedures to maximize out-of-cell activities in restrictive housing and outplacements from restrictive housing consistent with the safety of all persons.
MA Gen L ch 127 § 39c (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVIII - Prisons, Imprisonment, Paroles and Pardons|Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons|Section 39c - Restrictive Housing; Training and Qualification of Correction Officers, Supervisors and Managers

Section 39C. The commissioner, after consultation with the sheriffs and the department of mental health, shall promulgate regulations governing the training and qualifications of correction officers, supervisors and managers deployed to restrictive housing.
MA Gen L ch 127 § 39d (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVIII - Prisons, Imprisonment, Paroles and Pardons|Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons|Section 39d - Restrictive Housing; Reporting and Publication of Information Relating to Prisoners Held in Restrictive Housing

Section 39D. (a) The commissioner shall publish monthly and provide directly to the restrictive housing oversight committee the number of prisoners held in each restrictive housing unit within each state and county correctional facility.  (b) The commissioner shall publish a report quarterly and provide directly to the restrictive housing oversight committee, as to each restrictive housing unit within each state correctional facility, and annually, as to each restrictive housing unit within each county correctional facility: (i) the number of prisoners as to whom a finding of serious mental illness has been made and the number of such prisoners held for more than 30 days; (ii) the number of prisoners who have committed suicide or committed non-lethal acts of self-harm; (iii) the number of prisoners according to the reason for their restrictive housing; (iv) as to prisoners in disciplinary restrictive housing, a listing of prisoners with names redacted, including an anonymized identification number that shall be consistent across reports, age, race, gender and ethnicity, whether the prisoner has an open mental health case, the date of the prisoner's commitment to discipline, the length of the prisoner's term and a summary of the reason for the prisoner's commitment; (v) the number of placement reviews conducted pursuant to clause (iv) and (v) of subsection (a) of section 39B and the number of prisoners released from restrictive housing as a result of such placement reviews; (vi) the length of original assignment to and total time served in disciplinary restrictive housing for each prisoner released from disciplinary restrictive housing as a result of a placement review; (vii) the count of prisoners released to the community directly or within 30 days of release from restrictive housing; (viii) the known disabilities of every prisoner who was placed in restrictive housing during the previous 3 months; (ix) the number of mental health professionals who work directly with prisoners in restrictive housing; (x) the number of transfers to outside hospitals directly from restrictive housing; and (xi) such additional information as the commissioner may determine.  The information shall be published in a commonly available electronic, machine readable format.  (c) The administrators of county correctional facilities shall furnish to the commissioner all information that the commissioner deems necessary to support reporting pursuant to this section.
MA Gen L ch 127 § 39e (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVIII - Prisons, Imprisonment, Paroles and Pardons|Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons|Section 39e - Restrictive Housing; Access to Vocational, Educational and Rehabilitative Programs

Section 39E. Pursuant to regulations promulgated by the commissioner, prisoners held in restrictive housing for a period of more than 60 days shall have access to vocational, educational and rehabilitative programs to the maximum extent possible consistent with the safety and security of the unit and shall receive good time for participation at the same rates as the general population.
MA Gen L ch 127 § 39f (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVIII - Prisons, Imprisonment, Paroles and Pardons|Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons|Section 39f - Restrictive Housing; Placement of Inmate With Anticipated Release Date of Less Than 120 Days; Reentry Programming for Prisoners Held in Restrictive Housing With Less Than 180 Days Until Release Date

Section 39F. The department shall establish policies to ensure that an inmate with an anticipated release date of less than 120 days is not housed in restrictive housing, unless: (i) the placement in restrictive housing is limited to not more than 5 days; or (ii) the inmate poses a substantial and immediate threat.  Notwithstanding the previous paragraph, any prisoner who has fewer than 180 days until the prisoner's mandatory release date or parole release date and is held in restrictive housing shall be offered reentry programming that shall include, but shall not be limited to, substantial re-socialization programming in a group setting, regular mental health counseling to assist with the transition, housing assistance, assistance obtaining state and federal benefits, employment readiness training and programming designed to help the person rebuild interpersonal relationships, which may include, but shall not be limited to, anger management and parenting courses and other re-entry planning services offered to inmates in a general population setting.
MA Gen L ch 127 § 39h (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVIII - Prisons, Imprisonment, Paroles and Pardons|Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons|Section 39h - Restrictive Housing; Promulgation of Regulations Implementing Secs. 39 to 39h

Section 39H. The commissioner shall promulgate regulations to implement sections 39 to 39H, inclusive.
MA Gen L ch 127 § 48 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVIII - Prisons, Imprisonment, Paroles and Pardons|Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons|Section 48 - Establishment and Maintenance of Education, Training and Employment Programs; Rules and Regulations

Section 48. The commissioner shall establish and maintain education, training and employment programs for persons committed to the custody of the department. The administrators of county correctional facilities shall establish and maintain such programs for persons committed to such facilities. Such programs shall include opportunities for academic education, vocational education, vocational training, other related prevocational programs and employment, and may be made available within correctional facilities or, subject to the restrictions set forth in sections forty-nine and eighty-six F, at other places approved by the commissioner or administrator. In determining which employment programs to establish and maintain under the authority of this section, the commissioner or administrator shall take into account, first, the training value of the program, second, the job market and employment conditions in the community and third, in the case of programs to be carried out within a correctional facility, the types of goods and services required by the commonwealth and its subdivisions.  The commissioner shall ensure that at least 1 educational program leading to the award of a high school equivalency certificate is available to persons who are committed to the custody of the department or to a county correctional facility for not less than 6 months and who have not obtained a high school degree or equivalency.  The commissioner shall make and promulgate rules and regulations governing programs established under this section which shall include provisions for hours, conditions of employment, wage rates for employment program participants, incentive payments for education and training program participants, and deductions from said wages pursuant to the provisions of section eighty-six F.
MA Gen L ch 127 § 48b (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title XVIII - Prisons, Imprisonment, Paroles and Pardons|Chapter 127 - Officers and Inmates of Penal and Reformatory Institutions. Paroles and Pardons|Section 48b - Establishment of Young Adult Correctional Units or Designation of Correctional Officers for the Exclusive Supervision of Young Adults Placed in Care of Department or House of Correction

Section 48B. (a) The commissioner or a superintendent of a house of correction may establish young adult correctional units or designate individual corrections officers to exclusively supervise young adults, who are ages 18 to 24, inclusive, and have been placed in the care of the department or house of correction so that these individuals may benefit from age appropriate guidance, targeted interventions, age appropriate programming and a greater degree of individual attention.  (b) Officers designated under subsection (a) shall be selected based on their demonstrated experience and commitment to working with young adults and shall perform their services under the direction of the commissioner or superintendent.  (c) Officers designated under subsection (a) shall receive specialized training as necessary on working with young adults, which may include: supervising and counseling young adults; psycho-social and behavioral development of young adults; cultural competency; rehabilitation of young adults; educational programs; and relevant community-based services and programs.