Session Laws

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. Chapter 40 of the General Laws is hereby amended by inserting after section 36 the following three sections:-

Section 36A. Whenever a person is in police custody and commits suicide or dies at a lockup facility established pursuant to the provisions of section thirty-four of chapter forty, or under the jurisdiction of the metropolitan police, or whenever a person in police custody inflicts self-injury at a lockup facility which subsequently results in his death, the officer in charge of the lockup facility shall make a report of such incident, identifying the deceased and describing the circumstances of such death. One copy of said report shall be sent, within seven days of such death, together with copies of any incident pertaining thereto to the medical examiner's office in the county wherein such incident occurred, and one copy of said report shall be retained in the lockup files. Said report shall be in addition to the requirement of notification pursuant to section six of chapter thirty-eight.

Upon receipt for said reports, the medical examiner may send a copy, together with a copy of each incident report, autopsy reports and medical examiner's reports, upon request, to the next of kin of the deceased person. Upon request for said reports by the next of kin of the deceased, the medical examiner shall furnish said reports within fourteen days of the request. If an autopsy is performed, the next of kin may have a physician of his own choice present. The next of kin may waive this right in writing, or, if next of kin fails to designate a physician within forty-eight hours of the death, the right will be considered waived.

Whenever a person in police custody attempts or threatens suicide at a lockup facility, the officer in charge of the lockup shall, within twenty-four hours of such incident, record in the department of public safety computer the name, address, and the age of such person, the charge or reason for such detention and the nature and date of said attempt or threat. Such information shall be made part of the criminal offender record information system. It shall be disseminated only to those agencies and offices authorized under section one hundred and seventy-two of chapter six.

Whenever a person in police custody attempts or threatens suicide at a lockup facility and said person is transferred to another lockup facility, the officer in charge shall notify in writing the receiving lockup facility of the exact nature of said attempt or threat.

Section 36B. Each cell within a lockup facility established pursuant to section thirty-four of chapter forty, whether under the jurisdiction of a local police department, the state police or the metropolitan district commission, shall have a protective covering of high-impact, transparent plastic over all bar structures accessible to persons detained in the cell.

Each cell within a lockup facility as defined herein shall have installed within it but beyond the access of any detainees within the cell, an electronic audio system whereby the duty desk within said lockup facility is within audible range of each cell.

Each lockup facility as defined herein shall have installed within the cell area, an electronic security device whereby police officers may record the times of their cell checks. Said device shall be so positioned that a cell check cannot be recorded until the police officer has walked past every cell. Each cell within a lockup facility shall be checked by police officers or other lockup personnel every fifteen minutes.

Section 36C. All members of municipal police departments, of the police force of the metropolitan district commission, and of the uniformed branch of the state police shall be trained in the detection, intervention and prevention of suicide. Said training shall include training in the nature and symptomatology of suicide, training in communicating with suicidal detainees, and training in appropriate suicide prevention techniques and emergency procedures. Said training shall be approved and coordinated by the Massachusetts Criminal Justice Training Council, and shall be included in the curriculum of all police training schools and academies, including the state police academy.

In-service training shall be provided for police officers having previous basic recruit training. Shift commanders shall complete such training within one year of the passage of this act, and all other officers shall complete such training within three years of the passage of this act. Completion of a refresher seminar in suicide prevention shall be a condition of promotion for all police officers affected by the provisions of this act.

All lockup facilities established pursuant to section thirty-four of chapter forty, or under the jurisdiction of the metropolitan district commission or the state police, shall establish written procedures to be followed in any situation which threatens or may threaten the safety of persons detained therein.

SECTION 2. For the purpose of implementing the provisions of section thirty-six B of chapter forty of the General Laws, as appearing in section one, the sum set forth in section three of this act is hereby appropriated, subject to the provisions of law regulating the disbursements of public funds and the conditions pertaining to appropriations in chapter two hundred and thirty-four of the acts of nineteen hundred and eighty-four.

SECTION 3. Chapter 234 of the acts of 1984 is hereby amended by inserting after item 1599-3419 the following item:-

`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=11,53,tfh1;c5=15,49,tu;c6=65,14,tur `t+1 `tc1 1599-3472 `tc4 For a reserve to meet the costs of improvements to lockup facilities of cities and towns of the commonwealth, metropolitan district commission lockup facilities, and state police lockup facilities as prescribed by section thirty-six B of chapter forty of the General Laws, provided that the commissioner of administration is hereby authorized to distribute the sum appropriated herein to reimburse the documented, reasonable expenses of said cities and towns, state police, or metropolitan district commission incurred in making such improvements, and provided further that no expenditures shall be made from this item without the prior approval of the house and senate committees on ways and means `tc6 $1,164,429 `tcol;end