General Laws of Massachusetts (Last Updated: January 16, 2020) |
PART I ADMINISTRATION OF THE GOVERNMENT |
TITLE XVIII. PRISONS, IMPRISONMENT, PAROLES AND PARDONS |
CHAPTER 127. OFFICERS AND INMATES OF PENAL AND REFORMATORY INSTITUTIONS. PAROLES AND PARDONS |
SECTION 1. Definitions |
SECTION 1A. County correctional facilities; minimum standards; financial or other assistance |
SECTION 1B. Inspection of county correctional facilities; compliance with minimum standards; report; notice of violations; enforcement procedure |
SECTION 2. Duty of superintendents to keep records |
SECTION 3. Money and property of prisoners; records; custody and return; transmission to court; interest on deposits |
SECTION 4. Repealed, 2018, 69, Sec. 88. |
SECTION 5. Calendar of prisoners; contents |
SECTION 6. Service of process in penal or reformatory institutions |
SECTION 7. Warrants, mittimuses and processes; contents; filing |
SECTION 8. Prison books; contents; accessibility |
SECTION 9. Invoice books; contents |
SECTION 10. Annual report to commissioner of correction |
SECTION 11. Repealed, 1955, 770, Sec. 122 |
SECTION 12. Removal of unfaithful or incompetent officers or employees |
SECTION 13. Removal of incompetent jailers or keepers of houses of correction |
SECTION 14. Removal of officers using intoxicating liquor to excess |
SECTION 15. Repealed, 1955, 770, Sec. 122 |
SECTION 16. Physical examination of inmates; communicable diseases; examination for substance abuse disorder |
SECTION 16A. Reimbursement of medical expenses by persons incarcerated in pre-release facilities |
SECTION 17. Specifications governing physical examinations; records; statements |
SECTION 17B. Medication-assisted treatment for opioid use disorder for state detainees or prisoners at certain facilities |
SECTION 17C. Re-entry treatment plan for state detainee or prisoner requiring treatment for opioid use disorder |
SECTION 17D. Reporting of costs and outcomes of medication-assisted treatment programs and re-entry treatment plans under Secs. 17B and 17C |
SECTION 18. Failure to comply with Secs. 16 and 17; penalty |
SECTION 19. Physical training of prisoners; director |
SECTION 20. Reception center; classification of prisoners; approval |
SECTION 20A. Prisoner classification board |
SECTION 20B. Pretrial diversion program for certain detainees; classification system; eligibility requirements; credits and other deductions from sentence |
SECTION 21. Classification of prisoners in jails and houses of correction; approval |
SECTION 22. Separation of prisoners |
SECTION 23. Identification of prisoners |
SECTION 24. Repealed, 1931, 350, Sec. 10 |
SECTION 25. Fugitives from justice |
SECTION 26. Repealed, 1931, 350, Sec. 10 |
SECTION 27. District attorney to furnish criminal history |
SECTION 28. Descriptions, fingerprints and criminal history; records |
SECTION 29. Publication of records; exhibition of records |
SECTION 30. Compensation to officers; reimbursement |
SECTION 31. Repealed, 1931, 350, Sec. 10 |
SECTION 32. Treatment of prisoners |
SECTION 32A. Treatment of prisoner having gender identity differing from prisoner's sex assigned at birth |
SECTION 33. Maintenance of order in institutions; enforcement of obedience |
SECTION 34, 35. Repealed, 1955, 770, Sec. 122 |
SECTION 36. Visits to jails or correctional institutions; permission |
SECTION 36A. Conferences with attorneys |
SECTION 36B. Conferences with clergy members |
SECTION 36C. In-person visitation of inmates |
SECTION 37. Record of visitors |
SECTION 38. Use of gags |
SECTION 38A. Holding officers and employees as hostages |
SECTION 38B. Assaults upon guards; bodily substances; penalty |
SECTION 38C. Felonies in correctional institutions; notice to district attorney |
SECTION 38D. Notice of transfer of prisoner convicted of offense against officer, guard or correctional institution employee |
SECTION 38E. Inmate complaints; grievance system; grievance resolution |
SECTION 38F. Exhaustion of administrative remedies under Sec. 38E; court consideration of inmate claims; exceptions |
SECTION 38G. Disposition of court actions pending upon effectiveness of regulations promulgated under Sec. 38E |
SECTION 38H. Judicial review of final decision on grievance |
SECTION 39. Restrictive housing; use authorized; conditions of confinement; mental health screening and evaluation; promulgation of clinical standard |
SECTION 39A. Restrictive housing; prohibitions on placement of certain prisoners in restrictive housing |
SECTION 39B. Restrictive housing; placement reviews |
SECTION 39C. Restrictive housing; training and qualification of correction officers, supervisors and managers |
SECTION 39D. Restrictive housing; reporting and publication of information relating to prisoners held in restrictive housing |
SECTION 39E. Restrictive housing; access to vocational, educational and rehabilitative programs |
SECTION 39G. Restrictive housing; restrictive housing oversight committee |
SECTION 39H. Restrictive housing; promulgation of regulations implementing Secs. 39 to 39H |
SECTION 40 to 41. Repealed, 2018, 69, Sec. 94 |
SECTION 42 to 47. Repealed, 1955, 770, Sec. 122 |
SECTION 48. Establishment and maintenance of education, training and employment programs; rules and regulations |
SECTION 48A. System of compensation; graduated scale; credits; appropriations |
SECTION 48B. Establishment of young adult correctional units or designation of correctional officers for the exclusive supervision of young adults placed in care of department or house of correction |
SECTION 49A. Evaluation of inmates for participation in education, training and employment programs outside correctional facilities; committees; recommendation |
SECTION 49B. Participation of prisoners in work programs at mental health, developmental services and public health facilities; restrictions |
SECTION 49C. Employment of prisoners of county correctional institutions on municipal properties within county |
SECTION 50. Repealed, 1955, 770, Sec. 122 |
SECTION 51. Establishment and maintenance of industries in correctional institutions; contracts for labor |
SECTION 52. Supervisors and instructors; authority; removal |
SECTION 53. Production of articles by prisoners |
SECTION 54. Annual meetings for determination of styles, designs and qualities of articles to be produced by prisoners; expenses |
SECTION 55. List of styles, designs and qualities of articles; arbitration of differences |
SECTION 56. Annual estimates of articles and materials needed in public offices |
SECTION 57. Lists of prison-made articles; requisitions from counties, municipalities and public institutions |
SECTION 58. Prices of prison-made articles |
SECTION 59. Repealed, 1955, 770, Sec. 122 |
SECTION 60. Noncompliance with sections relative to purchase of articles |
SECTION 61. Establishment of industries |
SECTION 62 to 65. Repealed, 1955, 770, Sec. 122 |
SECTION 66. Purchase of tools and materials for correctional institutions; approval |
SECTION 66A. Purchase of tools and materials for jails and houses of correction; approval |
SECTION 67. Sale of prison-made goods; proceeds |
SECTION 67A. Repealed, 1972, 777, Sec. 14 |
SECTION 68. Appointment of selling agents; removal |
SECTION 69. Report relative to labor of prisoners |
SECTION 70. Repealed, 1955, 770, Sec. 122 |
SECTION 71. Receipts from sale of products, services, or labor of committed offenders; disposition |
SECTION 72. Payment of salaries and bills for tools, machinery and materials; schedules |
SECTION 73. Suits on contracts by and against principal officers; arbitration |
SECTION 74 to 77. Repealed, 1955, 770, Sec. 122 |
SECTION 78 to 82. Repealed, 1941, 344, Sec. 19 |
SECTION 83. Outdoor labor of inmates |
SECTION 83A. Establishment of camp for male prisoners for reforestation; approval; hearing. |
SECTION 83B. Removal of prisoners to camp; permit to be at liberty; escape |
SECTION 83C. Escapes from prison camp |
SECTION 83D. Director of prison camps; offices and positions; appointments; duties |
SECTION 83E. Establishment of camps for prisoners prior to release on parole; transfer; training for release |
SECTION 84. Purchases or lease of land for improvement by prison labor; payment to county |
SECTION 85, 86. Repealed, 1972, 777, Sec. 17 |
SECTION 86A to 86C. Repealed, 1971, 1076, Sec. 8 |
SECTION 86D, 86E. Repealed, 1972, 777, Sec. 17 |
SECTION 86F. Work release programs |
SECTION 86G. Work release programs; Suffolk county |
SECTION 86H. Public speaking engagements; inmates of state correctional facilities |
SECTION 86I. Public speaking engagements; inmates of county correctional facilities |
SECTION 87. Correspondence of inmates |
SECTION 88. Religious services |
SECTION 89. Maintenance of sabbath schools and schools for instruction |
SECTION 90. Appropriations for religious instruction and services |
SECTION 90A. Temporary release of committed offenders |
SECTION 91. Repealed, 1955, 770, Sec. 122 |
SECTION 92. Instruction in jails and houses of correction |
SECTION 92A. General education development tests; age requirement; no fee |
SECTION 93. Appropriations for moral and religious instruction in jails and houses of correction |
SECTION 94. Light for reading |
SECTION 95, 96. Repealed, 1958, 588, Sec. 1 |
SECTION 96A. Disposition of unclaimed money of former prisoners; claim |
SECTION 96B. Disposition of unclaimed property of former prisoners; sale; proceeds |
SECTION 97. Transfers from and to correctional institutions; approval |
SECTION 97A. Transfer of state prisoners to federal institutions; reciprocal agreements |
SECTION 97B. Treaties; transfer of prisoners to other countries |
SECTION 98 to 108. Repealed, 1955, 770, Sec. 122 |
SECTION 109. Repealed, 1941, 344, Sec. 21 |
SECTION 109A to 111. Repealed, 1955, 770, Sec. 122 |
SECTION 111A. Removal of defective delinquents |
SECTION 112. Repealed, 1931, 426, Sec. 30 |
SECTION 113. Removal of prisoners convicted and sentenced by United States Court |
SECTION 114. Repealed, 1955, 770, Sec. 122 |
SECTION 115. Removal of prisoners from one jail to another by sheriff |
SECTION 116. Application of original sentence of prisoner removed or returned |
SECTION 117. Placement in hospital or medical facility for medical, dental, or similar professional treatment |
SECTION 117A. Temporary placement of prisoners in hospital or medical facility |
SECTION 118. Pregnant and postpartum inmates; standards of care; use of restraints |
SECTION 119. Hospital confinement as term of sentence |
SECTION 119A. Release of prisoner on medical parole due to terminal illness or permanent incapacitation; petition; written decision; conditions of parole; appeal; rules and regulations; report |
SECTION 120. Order of removal; transfer of mittimuses and processes with prisoner |
SECTION 121. Execution of order of removal |
SECTION 122. Repealed, 1983, 721, Sec. 3 |
SECTION 123. Expense of removal |
SECTION 124. Expense of support of prisoner transferred from correctional institution to jail or house of correction |
SECTION 125. Expense of support of prisoner transferred from one county to another |
SECTION 126. Expense of support of prisoner removed from jail or house of correction to Massachusetts Correctional Institution |
SECTION 127. Special state police officers; powers and duties |
SECTION 128. Issuance of parole permits |
SECTION 129. Repealed, 1993, 432, Sec. 10 |
SECTION 129A. Repealed, 1989, 307 |
SECTION 129B. Confinement while awaiting trial; reduction of sentence |
SECTION 129C. Confinement in prison camp; deduction of sentence for good conduct |
SECTION 129D. Good conduct deductions for participation in and completion of certain programs and activities |
SECTION 130A. Issuance of certificate of termination of sentence |
SECTION 130B. Parole permits issued for remainder of sentence reduced by good conduct deductions; terms and conditions of parole; information to be provided to parole board |
SECTION 130C. Compliance credits to reduce period of time parolee subject to jurisdiction of parole board; rescission of credits |
SECTION 131. Giving of parolee written copy of terms and conditions of parole |
SECTION 131A. Notice to state and local police of terms and conditions of parole permits |
SECTION 132. Repealed, 1955, 770, Sec. 122 |
SECTION 133. Granting of parole permits by board; eligibility and requisites |
SECTION 133A. Eligibility for parole; notice and hearing; parole permits; revision of terms and conditions; revocation; arrest; right to counsel and funds for expert |
SECTION 133B. Parole of prisoners declared to be habitual criminals; conditions; revision; revocation |
SECTION 133C. Representation of deceased victims at hearing by family members |
SECTION 133D. Community parole supervision for life |
SECTION 133D1/2. Global positioning system device to be worn by certain sex offender parolees |
SECTION 133E. Victims of violent crime or sex offenses; certification by department of criminal justice information services; testimony at parole hearing |
SECTION 134. Appearance before parole board; investigation and hearing by staff members; reports; sentences served in other states |
SECTION 135. Furnishing information to parole board; filing information; statement; contents; availability; duty of clerk of court and probation officer |
SECTION 136. Initiating release of prisoner; hearing; submission of further information to board; contents of reports |
SECTION 136A. Repealed, 1971, 1076, Sec. 8 |
SECTION 137. Repealed, 1941, 344, Sec. 22 |
SECTION 137A to 139. Repealed, 1941, 690, Sec. 2 |
SECTION 140, 141. Repealed, 1980, 155, Sec. 4 |
SECTION 142. Permits to be at liberty or discharge of pregnant females |
SECTION 143. Discharge of common nightwalker from house of correction |
SECTION 144. Discharge of prisoner committed for non-payment of fine |
SECTION 145. Confinement of persons for non-payment of money owed |
SECTION 146. Report of confinement of poor prisoners; discharge; guardianship |
SECTION 147. Repealed, 1965, 772 |
SECTION 148. Revocation of permit to be at liberty |
SECTION 149. Arrest for violation of permit; application of terms of original sentence; computation of period of confinement |
SECTION 149A. Temporary custody of parolees; warrant |
SECTION 150. Expiration of term on Saturday, Sunday or legal holiday |
SECTION 151. Temporary care of infirm or diseased prisoner in institution after expiration of sentence; transfer to hospital |
SECTION 151A. Compacts with other states relative to the supervision of adult offenders; purpose |
SECTION 151B. Definitions |
SECTION 151C. Interstate commission for adult offender supervision; composition; voting; executive committee |
SECTION 151D. Chairman of parole board as compact administrator and state commissioner; appointment of state council |
SECTION 151E. Interstate commission; powers and duties |
SECTION 151F. By-laws; election of chairperson and executive director; corporate books and records; civil liabilities |
SECTION 151G. Actions taken by interstate commission; meetings; voting; records |
SECTION 151H. Rulemaking; authority and procedure |
SECTION 151I. Enforcement; dispute resolution |
SECTION 151J. Payment of expenses; annual assessment |
SECTION 151K. Eligibility of compacting states; effect of compact upon adoption by other states; amendments |
SECTION 151L. Withdrawal by compacting state; default on obligation or responsibility under compact |
SECTION 151M. Severability; construction |
SECTION 151N. Effect on other laws; binding effect of interstate commission actions; advisory opinions; limitations on authority |
SECTION 152. Pardons by governor; petition; advisory board; hearing; revocation of pardon; annual list |
SECTION 153. Notification to attorney general of petition for pardon of state prisoner |
SECTION 154. Parole board as advisory board of pardons; powers and duties |
SECTION 154A. Repealed, 1965, 766, Sec. 2 |
SECTION 155. Violation of pardon; arrest; notice |
SECTION 156. Confinement for unexpired term; computation of confinement; discharge |
SECTION 157. Execution of warrant of pardon; return |
SECTION 158. Parole board agents; duties |
SECTION 159. Repealed, 1955, 770, Sec. 122 |
SECTION 160. Expenditures for assistance of released prisoners |
SECTION 161. Account of expenditures by parole board agents |
SECTION 162. Expenditure of institutional funds for welfare of released prisoners |
SECTION 162A. Arsonists or violators of Secs. 102 to 102C of chapter 266; notice of release |
SECTION 163. Annual report of agents for aiding discharged prisoners |
SECTION 164. County commissioners; aid to prisoners |
SECTION 165. Expenditures by superintendent or keeper of jail in aid of discharged prisoners |
SECTION 166. Payment or receipt of money for obtaining pardon, parole, commutation of or respite from sentence |
SECTION 167. Persons representing applicants for pardons, parole or commutation of sentence; statements |
SECTION 168. Violation of Sec. 166 or 167 |
SECTION 169. Copy of Secs. 166 to 169; printing on petition for pardon forms |