8900-0001 Department of Correction Facility Operations

For the operation of the department of correction; provided, that not later than January 3, 2022, the commissioner of correction and the secretary of public safety and security shall report to the house and senate committees on ways and means and the joint committee on public safety and homeland security on the point score compiled by the department's objective classification system for all prisoners confined in each prison operated by the department; provided further, that to maximize bed capacity and re-entry capability, the department shall submit quarterly reports, utilizing standardized reporting definitions developed mutually with the Massachusetts Sheriffs Association on caseload, admissions, classification, releases and recidivism of all pre-trial, sentenced and federal inmates; provided further, that the department shall submit the reports on a quarterly basis not more than 30 days following the last day of the quarter; provided further, that not later than October 1, 2021, the department shall also report, in collaboration with the Massachusetts Sheriffs Association, on fiscal year 2020 and fiscal year 2021 total costs per inmate by facility and security level; provided further, that the department shall submit biannual reports to the joint committee on the judiciary, the joint committee on public safety and homeland security and the house and senate committees on ways and means on the use of solitary confinement, also known as segregation, in state prisons; provided further, that 1 of the reports shall cover the period from July 1, 2021 to December 31, 2021, inclusive, and 1 of the reports shall cover the period from January 1, 2022 to June 30, 2022, inclusive; provided further, that the reports shall include, but not be limited to, the: (i) number of prisoners subjected to solitary confinement and their voluntarily disclosed sexual orientation as defined in section 3 of chapter 151B and gender identity as defined in section 7 of chapter 4; (ii) length of time spent in solitary confinement; (iii) number of prisoners with mental illness subjected to solitary confinement, delineated by diagnosis; (iv) number of prisoners 21 years of age or younger subjected to solitary confinement; (v) number of prisoners subjected to multiple stays in solitary confinement in a given reporting period; (vi) number of prisoners released directly into the community from solitary confinement or released into the community not more than 30 days after having been in solitary confinement; and (vii) rate of recidivism for individuals that were subject to solitary confinement; provided further, that the department shall validate each educational program offered to inmates against an evidence-based model chosen by the secretary of public safety and security not less than once every 3 years; provided further, that given the continued prevalence and threat of the 2019 novel coronavirus within department of correction facilities, the commissioner of correction shall release, transition to home confinement or furlough individuals in the care and custody of the department who can be safely released, transitioned to home confinement or furloughed with prioritization given to populations most vulnerable to serious medical outcomes associated with the 2019 novel coronavirus according to the Centers for Disease Control and Prevention's guidelines; provided further, that the department shall consider, but shall not be limited to considering: (a) the use of home confinement without exclusion under chapter 211F of the General Laws; (b) the expedition of medical parole petition review by superintendents and the commissioner; (c) the use of furlough; (d) the maximization of good time by eliminating mandates for participation in programming for those close to their release dates; and (e) awarding credits to provide further remission from time of sentence for time served during periods of declared public health emergencies impacting the operation of prisons^[2.1]; provided further, that the department shall seek recommendations from public health experts to ensure that policies are appropriate in relation to the 2019 novel coronavirus; provided further, that funds shall be made available from this item for the creation and full operation of an independent ombudsman's office for the duration of fiscal year 2022; provided further, that not later than September 1, 2021, the department shall submit a report to the joint committee on the judiciary and the house and senate committees on ways and means that shall include, but not be limited to, the status of the appointment of the ombudsman pursuant to chapter 227 of the acts of 2020; provided further, that the office shall monitor compliance with the requirements of this item relative to 2019 novel coronavirus public health precautions including, but not limited to, actions taken or not taken by the department to ensure the health and safety of individuals under the department's purview including, but not limited to, employees and inmates, as well as the families of such individuals, and shall have access to information related to the department's use of the mechanisms for release, home confinement or furlough stated in this item^[2.1]; provided further, that the office shall establish public health standards, using recommended standards and guidance from public health experts, to evaluate the department's compliance or noncompliance with best practices; provided further, that not less than biweekly, the office shall provide the joint committee on the judiciary and the joint committee on public health with a report on: (1) the department's efforts to mitigate the rate of infection in facilities under its purview; (2) the department's efforts taken relative to safe depopulation relative to the 2019 novel coronavirus^[2.1]; (3) the department's policies in development to further mitigate the rate of infection in correctional settings; (4) the amount of population reduction achieved to-date by the use of the mechanisms for release, home confinement or furlough stated in this item^[2.1]; and (5) the department's compliance or noncompliance with the office's established public health standards; provided further, that, if the office determines that the department is not taking actions necessary to mitigate the rate of infection in facilities under its purview or is in noncompliance with its established public health standards, the office may recommend that the joint committee on the judiciary and the joint committee on public health require the commissioner to testify in a publicly available forum to discuss the department's noncompliance and a remediation plan to meet the office's public health standards; provided further, that not less than $15,000 shall be expended for the Vincentian Reentry Organizing Project operated by the Society of St. Vincent de Paul in the city of Attleboro that serves incarcerated and formerly incarcerated individuals throughout Bristol county; provided further, that not less than $125,000 shall be expended for the Disability Law Center, Inc. to monitor the efficacy of service delivery reforms at Bridgewater state hospital, including units at the Old Colony correctional center and the treatment center; provided further, that the Disability Law Center, Inc. may investigate the physical environment of those facilities, including infrastructure issues, and may use methods including, but not limited to, testing and sampling the physical and environmental conditions, whether or not they are utilized by patients or inmates; provided further, that the Disability Law Center, Inc. may monitor the continuity of care for Bridgewater state hospital persons served who are discharged to county correctional facilities or department of mental health facilities, including assessment of the efficacy of admission, discharge and transfer planning procedures and coordination between the department of correction, Wellpath LLC, the department of mental health and county correctional facilities; provided further, that not less than once every 6 months, the Disability Law Center, Inc. shall report on the impact of these reforms on those served at Bridgewater state hospital to the joint committee on mental health, substance use and recovery, the joint committee on the judiciary, the house and senate committees on ways and means, the senate president and the speaker of the house of representatives^[2.1]; provided further, that $250,000 shall be provided for the establishment in state or county correctional facilities of specialized units for emerging adult women and shall be focused on the unique needs of this population including, but not limited to, emphasizing positive relationships and interactions between emerging adult mothers and their children; provided further, that the department shall expend not less than $2,200,000 for municipalities hosting department of correction facilities; provided further, that no municipality hosting a department of correction facility shall receive more than $800,000; and provided further, that no municipality hosting a department of correction facility shall receive less than the amount allocated under item 8900-0001 of section 2 of chapter 68 of the acts of 2011