Massachusetts SD 2094: An Act to collect data on LGBTQI prisoners held in restrictive housing

Bill Text

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SENATE DOCKET, NO. 2094        FILED ON: 1/18/2019 
SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 905 
 
The Commonwealth of Massachusetts 
_________________ 
PRESENTED BY: 
Julian Cyr 
_________________ 
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 to collect data on LGBTQI prisoners held in restrictive housing. 
_______________ 
PETITION OF: 
 
NAME: DISTRICT/ADDRESS:  
Julian Cyr Cape and Islands  
Jack Patrick Lewis 7th Middlesex 1/22/2019 
Rebecca L. Rausch Norfolk, Bristol and Middlesex 1/22/2019 
Dylan A. Fernandes Barnstable, Dukes and Nantucket 1/23/2019 
Joanne M. Comerford Hampshire, Franklin and Worcester 1/29/2019 
Elizabeth A. Malia 11th Suffolk 1/29/2019 
Mary S. Keefe 15th Worcester 1/29/2019 
Michael J. Barrett Third Middlesex 1/30/2019 
Sonia Chang-Diaz Second Suffolk 1/30/2019 
Cindy F. Friedman Fourth Middlesex 1/30/2019 
Mike Connolly 26th Middlesex 1/31/2019 
Patricia D. Jehlen Second Middlesex 1/31/2019 
James B. Eldridge Middlesex and Worcester 1/31/2019 
José F. Tosado 9th Hampden 1/31/2019 
Ruth B. Balser 12th Middlesex 1/31/2019 
Joan B. Lovely Second Essex 2/1/2019 
Sal N. DiDomenico Middlesex and Suffolk 2/1/2019 
Bruce E. Tarr First Essex and Middlesex 2/1/2019 

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Eric P. Lesser First Hampden and Hampshire 2/1/2019 
Sean Garballey 23rd Middlesex 2/1/2019 
Harriette L. Chandler First Worcester 2/1/2019 
Nika C. Elugardo 15th Suffolk 2/4/2019 
Patrick M. O'Connor Plymouth and Norfolk 5/15/2019 
David Henry Argosky LeBoeuf 17th Worcester 7/8/2019 

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SENATE DOCKET, NO. 2094        FILED ON: 1/18/2019 
SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 905 
By Mr. Cyr, a petition (accompanied by bill, Senate, No. 905) of Julian Cyr, Jack Patrick Lewis, 
Rebecca L. Rausch, Dylan A. Fernandes and other members of the General Court for legislation 
to collect data on LGBTQI prisoners held in restrictive housing.  The Judiciary. 
 
The Commonwealth of Massachusetts 
 
_______________
 
In the One Hundred and Ninety-First General Court 
(2019-2020) 
_______________
 
 
An Act to collect data on LGBTQI prisoners held in restrictive housing. 
 
 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. Section 93 of chapter 69 of the acts of 2018 is hereby amended by inserting 
2after the word “committee,” in line 87, the following words:- “and to the special commission to 
3study the health and safety of lesbian, gay, bisexual, transgender, queer and intersex prisoners in 
4correctional institutions, jails and houses of correction”. 
5 SECTION 2. Section 93 of chapter 69 of the acts of 2018 is hereby amended by striking 
6out, in line 87, the word “annually” and inserting in place thereof the following word:- “bi-
7annually”. 
8 SECTION 3. Section 93 of chapter 69 of the acts of 2018 is hereby amended by inserting 
9after the word “made,” in line 89, the following words:- “delineated by diagnosis”. 
10 SECTION 4. Section 93 of chapter 69 of the acts of 2018 is hereby amended by striking 
11out, in line 89, the figure “30” and inserting in place thereof the following figure:- “15”. 

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12 SECTION 5. Section 93 of chapter 69 of the acts of 2018 is hereby amended by striking 
13out, in line 91, the words “as to prisoners in disciplinary restrictive housing”. 
14 SECTION 6. Section 93 of chapter 69 of the acts of 2018 is hereby by amended by 
15striking out, in line 94, the word “discipline” and inserting in place thereof the following words:- 
16“restrictive housing” 
17 SECTION 7. Section 93 of chapter 69 of the acts of 2018 is hereby amended by inserting 
18after the word “ethnicity,” in line 93, the following words:- “and, if known, the voluntary self-
19identified sexual orientation, as defined in section 3 of chapter 151B,  and gender identity, as 
20defined in section 7 of chapter 4, of each prisoner subjected to restrictive housing, whether the 
21prisoner was pregnant during time spent in restrictive housing” 
22 SECTION 8. Section 93 of chapter 69 of the acts of 2018 is hereby amended by inserting 
23after the word “housing,” in line 91, the following words:-  “including, but not limited to, the 
24number of prisoners held in restrictive housing based on allegations or investigations of Prison 
25Rape Elimination Act (PREA) violations and the number of prisoners held in restrictive housing 
26who are victims of PREA violations”.  
27 SECTION 9. Section 93 of Chapter 69 of the Acts of 2018 is here by amended by striking 
28out, in line 102, the word “and”. 
29 SECTION 10. The 19th paragraph of section 93 of chapter 69 of the acts of 2018 is 
30hereby amendedby adding the following clauses:- (xii) the number of prisoners subjected to 
31restrictive housing; (xiii) th