Massachusetts HD 1572: An Act affecting the housing of prisoners

Bill Text

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HOUSE DOCKET, NO. 1572        FILED ON: 1/16/2019 
HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3306 
 
The Commonwealth of Massachusetts 
_________________ 
PRESENTED BY: 
Carlos González 
_________________ 
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 affecting the housing of prisoners. 
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PETITION OF: 
 
NAME: DISTRICT/ADDRESS: DATE ADDED: 
Carlos González 10th Hampden 1/16/2019 
Bud L. Williams 11th Hampden 1/24/2019 
José F. Tosado 9th Hampden 1/30/2019 

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HOUSE DOCKET, NO. 1572        FILED ON: 1/16/2019 
HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3306 
By Mr. González of Springfield, a petition (accompanied by bill, House, No. 3306) of Carlos 
González, Bud L. Williams and José F. Tosado for legislation to require in-state incarceration of 
persons convicted of crimes.  The Judiciary. 
 
The Commonwealth of Massachusetts 
 
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In the One Hundred and Ninety-First General Court 
(2019-2020) 
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An Act affecting the housing of prisoners. 
 
 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows: 
 
1 SECTION 1. Whereas, citizens and legal residents sentenced to serve prison sentences in 
2the Massachusetts Correctional system have a right to be assigned to a site located within the 
3borders of the commonwealth in order that parents, friends, or significant others might be 
4allowed visitation privileges; and  
5             Whereas, visitations and family support play a major role in the rehabilitative 
6process, denial of which constitutes added punishment not ordered by the sentencing judge nor 
7included as a part of the original sentence; and 
8             Whereas, the housing of inmates in distant locations, outside the boundaries of the 
9commonwealth, denies family members of the inmates and the general public the privilege of 
10reasonable visitation. The total time and cost associated with travel required for such visitations 
11constitute a denial of the rights of family members and the concerned public; and  

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12             Whereas, transporting and housing Massachusetts prisoners out-of-state to distant 
13locations constitutes cruel and unusual punishment, a type of inhumanity treatment reminiscent 
14of a slavery-like experience, therefore it is hereby resolved that citizens and legal residents of the 
15commonwealth who are ordered by the court to serve a period of incarceration shall serve such 
16incarceration as ordered in a correctional facility which is physically located within the 
17boundaries of the Commonwealth of Massachusetts, exceptions shall be made only in the case an 
18inmate has requested, through proper channels, a transfer to another state’s jurisdiction and/or 
19the Department of Corrections would have deemed a transfer to be in the interest of an inmate’s 
20personal safety. 
21             SECTION 2. Notwithstanding any act to the contrary, the act shall require all 
22citizens and legal residents of the commonwealth who are sentenced by a court to incarceration 
23in the Massachusetts Department of Corrections, to serve such incarceration in a facility which is 
24physically located within the boundaries of the commonwealth, unless an inmate shall have 
25personally requested a transfer out of state, and/or the inmate’s personal safety is at risk as set 
26forth in Section 1.