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MA S1285

MA S1285
Establishing the Correctional Officers' Procedural Bill of Rights


summary

Introduced
04/15/2015
In Committee
03/14/2016
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

For legislation to establish the Correctional Officers' Procedural Bill of Rights. Public Safety and Homeland Security.

AI Summary

This bill, titled "Establishing the Correctional Officers' Procedural Bill of Rights," aims to create a set of protections for correctional officers in Massachusetts when they are under investigation for actions that could lead to disciplinary action, which is defined as any action that might result in dismissal, demotion, suspension, pay reduction, written reprimand, or a punitive transfer or reassignment. The bill outlines specific conditions for interrogations, requiring them to occur at reasonable times, in appropriate locations, and with the officer being informed of the investigation's nature, the names of investigators and complainants, and their constitutional rights if criminal charges are possible. Correctional officers will have the right to have a representative present during interrogations, to have the entire interrogation recorded, and to receive a copy of the recording or transcript. Furthermore, evidence obtained in violation of these rights cannot be used in disciplinary hearings, and officers must be notified of impending disciplinary actions and afforded their rights before they are taken. The bill also allows correctional officers to sue for damages if their civil rights are violated during their official duties and prohibits retaliation for exercising these rights, while clarifying that these protections do not prevent the Department of Correction or county sheriffs from pursuing disciplinary or criminal charges.

Committee Categories

Budget and Finance, Justice

Sponsors (3)

Last Action

Bill reported favorably by committee and referred to the committee on Senate Ways and Means (on 03/14/2016)

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