H4457 VERSION AS SENT TO THE FLOOR OF THE HOUSE 

The Commonwealth of Massachusetts
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In the Year Two Thousand and Four.
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AN ACT TO CREATE A CITIZEN REVIEW BOARD.

      Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Notwithstanding any general or special law to the contrary, there shall be a Correction Citizen Review Board. Said Board shall consist of thirteen members, including one member appointed by each of the following: the Secretary of Public Safety, the Senate President, the Speaker of the House of Representatives, the Chief Justice of the Supreme Judicial Court, the Parole Board, the Commissioner of the Department of Public Health, the Massachusetts Correctional Officers Federated Union, the Massachusetts Sheriffs’ Association, Massachusetts Correctional Legal Services, the American Civil Liberties Union of Massachusetts, the Massachusetts Taxpayers Foundation, the League of Women Voters of Massachusetts and the Massachusetts Council of Churches. The terms of the members appointed to said Board by the Secretary of Public Safety, the Senate President, the Speaker of the House of Representatives and the Chief Justice of the Supreme Judicial Court shall be for three years. The terms of the members appointed to the board by the Parole Board, the Commissioner of the Department of Public Health, the Massachusetts Correctional Officers Federated Union, the Massachusetts Sheriffs’ Association, Massachusetts Correctional Legal Services, the American Civil Liberties Union of Massachusetts, and the Massachusetts Taxpayers Foundation shall be for two years and, at the expiration of the first two-year term of the first members appointed by the Parole Board, the Commissioner of the Department of Public Health, the Massachusetts Correctional Officers Federated Union, the Massachusetts Sheriffs’ Association, The Massachusetts Correctional Legal Services, the American Civil Liberties Union of Massachusetts and the Massachusetts Taxpayers Foundation, for three years thereafter. The terms of the members appointed to said Board by the League of Women Voters of Massachusetts and the Massachusetts Council of Churches shall be for one year and, at the expiration of the first one-year term of the first members appointed by the League of Women Voters of Massachusetts and the Massachusetts Council of Churches for three years thereafter. No member of said Board shall be appointed to serve more than two consecutive three-year terms. Said Board shall annually elect a chairperson. Members of said Board shall receive no compensation but each member shall be reimbursed by the Commonwealth for necessary expenses incurred in the performance of his or her official duties. Said Board shall adopt bylaws to govern its own proceedings.

SECTION 2. Members of Correction Citizen Review Board shall have access to all Massachusetts Correctional Institutions and all inmates therein upon furnishing a photo identification provided by the Executive Office of Public Safety between the hours of 7 am and 7 pm and upon 48 hours notice to the Commissioner of the Department of Corrections, between the hours of 7 pm and 7 am.

SECTION 3. The Correction Citizen Review Board shall have the following duties:
(a) It shall study the medical services, including mental health services, and educational, vocational, employment and rehabilitation programs available to prisoners;
(b) It shall review the annual plans and the budget of the Department of Correction and shall make recommendations to the House and Senate Committees on Ways and Means and the Joint Committee on Public Safety in regard thereto;
(c) It shall report on the general state of correctional facilities, their administration of correctional policy and practices, the living conditions of inmates therein, the general state of working conditions for Department of Correction employees and, where appropriate, the impact of Department of Correction policies and inmate living conditions upon rates of recidivism and over-classification;
(d) It shall hold quarterly meetings;
(e) It shall advise the Commissioner of the Department of Correction on policy development and priorities for Department of Correction facilities as well as on the Department’s compliance with legislative and judicial mandates;
(f) It shall issue public reports annually to the Department of Correction and the clerks of the House of Representatives and the Senate;

SECTION 4. This act shall expire on January 1, 2012.

H4457 CHANGES ON THE HOUSE FLOOR BY AMENDMENT ON JULY 8 

H4457 had the following Review Board membership 

One member appointed by:

            Secretary of Public Safety

            Senate President

            Speaker of the House

            Chief Justice of the Supreme Judicial Court

            Parole Board

            Commissioner of the Dept. of Public Health

            MA Correctional Officers Federated Union

            MA Sheriffs’ Association

            MA Correctional Legal Services

            ACLU of MA

            MA Taxpayers Foundation

            MA League of Women Voters

            MA Council of Churches 

The version of H4457 approved by the House and discharged to the Senate: 

Changed Board membership:

            Speaker of the House-3 delegates, 2 being Representatives

            Senate President- 3 delegates, 2 being Senators

            Commissioner of Public Health

            Secretary of Public Safety

            Chair of the Parole Board

            MA Sheriffs’ Association delegate

            Chief Justice of the Supreme Judicial Court delegate

            MA Correctional Officers Federated Union – 2 members

            MA Correctional Legal Services

            Inspector General delegate

            Women’s Bar Association delegate

            Victim Witness Program delegate 

Added Responsibility: Report on the staffing of Unit 4 Correctional Officers

positions throughout the system, including vacancies, positions lost to retirement, discharge or resignation and number replaced, overtime costs, reported assaults on Unit 4 personnel, umber on industrial accident leave and length of time on leave.  

As sent to the Senate the bill now is numbered “H.4969-Correction Citizen Review Board”

H4969 VERSION AS PASSED BY THE HOUSE AND SENT TO SENATE

For More Information Contact:

Criminal Justice Policy Coalition
563 Massachusetts Avenue, Boston, MA  02118
Tel: 617-236-1188

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Last modified: 02/13/05