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S 1651

Relates to special provisions for not-for-profit sales

2025 Regular Session Introduced by Jamaal Bailey

The bill requires prisons to maximize out-of-cell time and provide robust programming, education, health care, and humane treatment to improve rehabilitation and re-entry.

REFERRED TO CONSUMER PROTECTION
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Bill Summary · S 1651

Summary — S.1651 (Senate No. 1651): "An Act relative to human rights and improved outcomes for incarcerated people"

Note on source documents: the bill text provided is a Massachusetts Senate bill (presented by Sen. Cynthia Creem) that would insert a new Section 48C into Chapter 127 (state imprisonment law). Some of the surrounding metadata in your request (committees, sponsors, and titles) appears inconsistent or from other measures; this summary focuses on the actual bill text (Section 48C) as provided.

Purpose and intent

The bill directs the Massachusetts Department of Correction and county facility administrators to promulgate regulations and operational standards designed to maximize out‑of‑cell time, rehabilitative programming, and humane treatment for people in custody. The intent is to improve rehabilitation, re‑entry outcomes, and respect for human rights of incarcerated people.

Key provisions (selected)

  • Definitions: establishes terms including “cell,” “congregate,” and “out of cell” for program/time requirements.
  • Programming and out‑of‑cell time:
    • At least 6 hours of out‑of‑cell congregate programming, at least 5 days/week for all incarcerated people. Programming may be peer‑led, staff‑led, or volunteer‑led.
    • At least 3 of the 6 weekly hours must be eligible for good conduct deductions (see Mass. Gen. Laws ch.127 §129D).
    • At least 8 hours out‑of‑cell per day (except during a declared major disorder). Out‑of‑cell time cannot be reduced for short staffing or modified operations.
    • No handcuffing, shackling, or physical restraints during out‑of‑cell time.
  • Education, vocation, work and re‑entry:
    • Maximize access to vocational and educational training (including community partnerships and certifications) and work opportunities, including in the community.
    • Personal programming plans informed by initial assessment and collaborative input (incarcerated person, administrators, programming, re‑entry and mental health staff). If parole‑eligible, plans must be sent to the Parole Board within 90 days for review and recommendations.
    • People eligible for good conduct deductions shall have the opportunity to earn the maximum allowable deductions each month through combined in‑person and virtual programming and work.
  • Peer and restorative supports:
    • People in custody allowed to create organizations and affinity groups for peer support and peer‑led programming.
  • Recreation, health, hygiene, and living conditions:
    • At least one hour per day of congregate outdoor recreation (weather permitting, uncovered yard) without physical barriers or restraints; weather‑appropriate clothing provided.
    • Access to medical care, substance use disorder treatment, and mental health care consistent with community standards, state regulations, and contracts.
    • Access to water meeting MA DEP drinking‑water standards, daily showers, and flushable toilets.
    • Access to a library (legal and other materials) at least three times weekly; tablet access where feasible to supplement.
    • Temperature controls: habitable areas must be at least 68°F (7:00 AM–11:00 PM), at least 64°F (11:01 PM–6:59 AM), and not exceed 78°F.
  • Data, reporting, and oversight:
    • The Commissioner must collect data from counties and publish an annual “snapshot report” on January 1 each year (the provided bill text is truncated, but initial reporting items include population counts, educational enrollment and good‑time deduction participation, and rehabilitative program participation).

Who is affected

  • Primary: people incarcerated in Massachusetts state prisons and county jails/houses of correction.
  • Administrative: Commissioner of Correction, state prison administrators, county facility administrators, correctional staff, parole board.
  • External: community education/vocational partners, volunteers, legal services, and taxpayers (implementation costs).

Potential impacts

  • Positive: increased out‑of‑cell time, more education/vocational programming, better re‑entry preparation, improved physical and mental health standards, and enhanced access to legal materials — all intended to reduce recidivism and improve humane conditions.
  • Operational and fiscal: facilities may require staffing increases, program funding, facility upgrades (recreation yards, tablets, HVAC), and training to meet new minimums and reporting requirements.
  • Legal/compliance: administrators must promulgate regulations and may need to change existing operational policies; the bill restricts reducing out‑of‑cell or outdoor recreation time for short‑staffing reasons.

Procedural status and notes

  • The bill text indicates filing in the 194th General Court (2025–2026) and is presented by Sen. Cynthia Creem. Legislative action entries you provided are inconsistent (multiple committees, dates, and sponsors not matching the bill text). The bill has been referred to committee(s) and hearings were scheduled (October 15, 2025 in the provided actions).
  • Because portions of the metadata and the bill text you provided are inconsistent or truncated (reporting section unfinished), verify current status and full text on the official Massachusetts Legislature website for the latest version, committee assignments, and complete report requirements.

Compiled from official sources — confirm details with the bill’s official record.

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