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MA S1314

MA S1314
Relative to uniform disciplinary procedures for correctional officers


summary

Introduced
04/15/2015
In Committee
03/16/2016
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

For legislation relative to uniform disciplinary procedures for correctional officers. Public Safety and Homeland Security.

AI Summary

This bill establishes uniform disciplinary procedures for correctional officers in Massachusetts, defining "correctional officer" as sworn members of the Department of Correction or county jails and houses of correction, and "disciplinary action" as measures like dismissal, demotion, suspension, or reprimands. It mandates specific conditions for interrogations that could lead to disciplinary action, including conducting them at reasonable hours, informing the officer of the investigation's nature and personnel involved, prohibiting offensive language or threats (except for failure to answer relevant questions), requiring audio recording of the entire interrogation, and informing officers of their constitutional rights if criminal charges are possible. The bill also grants correctional officers the right to legal counsel or union representation during interrogations, to receive copies of recordings or transcripts, and to be informed of charges and evidence at least 10 days before a disciplinary hearing. Crucially, it states that evidence obtained in violation of these rights cannot be used in disciplinary proceedings, and no disciplinary action can be taken without proper notification and adherence to these procedures. Furthermore, correctional officers are given the right to sue for damages related to their official duties or civil rights violations, and they cannot be retaliated against for exercising these rights, though this section does not limit the Department of Correction or Sheriff's Office's ability to discipline or pursue 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 03/16/2016)

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