Public Meeting Notice  Restrictive Housing Oversight Committee

Restrictive Housing Oversight Committee

Date: December 16, 2021

Time: 11:00am-1:00pm

Place: Microsoft Teams (Virtual Meeting)

Call to Order and Attendance

Chairman Andrew Peck called the meeting to order at 11:03am once a quorum of members had been established. Roll call attendance was taken.

Members Present:

Chairman Andrew Peck (Undersecretary of Criminal Justice)

Attorney Bonnie Tenneriello

Joanne Barros

Attorney Bob Fleischner

Kevin Flanagan

Hollie Matthews

Justice Gerri Hines

Christopher Fallon

Kyle Pelletier

Attorney Tatum Pritchard

Members Absent:

Dr. Brandy Henry

Sheriff Tom Bowler

Vote to Approve November 2021 Meeting Minutes

Attorney Bonnie Tenneriello suggested the word “small” be removed from the section regarding Attorney Bob Fleischner’s work on serious mental illness. There was a motion to accept meeting minutes as edited by Christopher Fallon. Attorney Tatum Pritchard second the motion.

Prison Order and Control Presentation

Hollie Matthews and Attorney Tatum Pritchard gave a presentation regarding Restrictive Housing and the effects it has on mental health. The Power point presentation will be uploaded to the OneDrive. Kevin Flanagan also gave discussion regarding the mental health effects on those who work in Restrictive Housing Units. He informed the Committee that there is not a lot of research done on this issue. However, staff have reported that they feel Restrictive Housing is vital to separate gang members or violent individuals from general population and it also gives safety to those who may be harmed on the general floor. Chairman Andrew Peck asked Kevin if there was additional research regarding the health and wellbeing of Corrections Officers who work in Restrictive Housing. Kevin Flanagan informed the Committee that there is no additional research for Restrictive Housing Corrections Officers than in General Population. Justice Gerri Hines referring to the power point asked what the Department of Corrections response was to the 1983 Cedar Junction Research Study. Hollie Matthews responded that she will look further into the matter and report back to the Committee. Attorney Bob Fleischner responded that within the Psychology community there was pushback regarding how the symptoms of the inmates in Restrictive Housing was collected. And there were questions regarding the lead researcher. Otherwise, the findings were consistent with other findings of psychiatrists.

Sub Committee Updates

Attorney Bob Fleischner informed the Committee that he has completed his section of the Restrictive Housing Report.

Attorney Bonnie Tenneriello reported that the conditions drafting is continuing. She stated that there has been a lot of data from the counties that needs to be analyzed and integrated into the report. Attorney Tenneriello also stated that there were reporting issues but has been able to organize the data and is working with the Massachusetts organization of Mental Health.

Letter to Judiciary Discussion

There was a motion to send a letter to the Judiciary regarding the lack of reporting from the counties. Attorney Tenneriello stated that the Committee needs to compare the data to what is statutorily required and take note of the missing data. She also stated that there is an issue regarding the interpretation of Restrictive Housing. Attorney Tenneriello informed the Committee that while the Department of Corrections considers 22 hours to be restrictive there are 6 counties that report no Restrictive Housing even though they restrict for 22 hours. She also states that there is value for the Judiciary Committee to raise this issue; there needs to be a clear definition that Department of Corrections and Counties can follow so the Committee can carry out their duty. Justice Gerri Hines agrees with Attorney Tenneriello. Justice Hines stated that the line of Restrictive Housing is not an opinion and is plain reading of the statue and feels comfortable with the proposed letter. Justice Hines also informed the Committee that she would like to see the data that has been collected to see if non-compliance is an issue. Justice Hines also stated that the letter should not state that a majority of the members agree, instead the letter needs to be a Committee agreement. Chairman Peck asked the Committee if the Legislature can interpret their own laws and make an interpretation for the whole body. Justice Hines responded that the Committee is giving notice to the Legislature of the proper realm of the paragraph. Attorney Tenneriello added that the Legislature is not going to force the Sheriff’s office to do anything, the hope of the letter is to persuade the legislature to make a change. She also added that the Judiciary cannot speak for the whole body. Attorney John Melander agreed with both Attorney Tenneriello and Attorney Fleischer. The Committee agreed to give Committee members until the New Year to raise concerns to either Chairman Peck or Attorney Melander. There was Committee approval to add “Without a consistent line drawn as to the amount of time in cell that constitutes Restrictive Housing, the Committee cannot fulfill its statutory mandate.” Attorney Melander stated that the Committee can draft a letter and give a deadline to be in compliance with the open meeting laws. The Committee agreed to give a deadline of December 17 for agreed upon language and approval of letter.

County Site Visit Updates

Hamden and Norfolk are the next two site visits; given the climate of COVID- 19 the visits will be virtual. A poll of suggested dates will be sent to the Committee to vote on a finalized date for virtual visits of the sites.

County CJR & DOC Reporting Update

This was addressed at length earlier in the meeting. There were no further updates given.

Falcon Implementation Update   

Christopher Fallon and Kyle Pelletier informed the Committee that they are still working with Falcon to address how the removal of Restrictive Housing will affect all levels of housing. Kyle informed the Committee that there is no deadline as of yet but are continuing to work with Falcon over the next year. Chairman Peck asked for an update on the focus groups. Kyle Pelletier responded to inform the Chairman that there are 4 or 5 focus groups that are communicating their concerns for the various staff members. Chairman asked if there were plans to engage anyone who is currently incarcerated or past lived experiences. Both Christopher Fallon and Kyle Pelletier responded. Christopher Fallon stated that Falcon is currently trying to develop framework of how to move forward working with the current space of the facilities and the staff that is currently involved. Kyle responded that Falcon has not discussed the next phase of focus groups but are currently working to plan the next direction of the next step. Romilda Perier is an advocate for former incarcerated individuals, and stated it is important to bring in individuals that have prior lived experiences or currently incarcerated but to do so when those in the focus group are fully committed to hearing their experiences. She also added that it is important to create a trusting environment and to bring in people that are going to provide Falcon with solutions and not complaints. Attorney Tenneriello agreed and stated that it is important to keep in mind that the Committee should be involved with the implementation plan that Falcon proposes from the start. Kyle agreed but stated that Falcon is not yet at that point, but that Falcon will be deliberate to include the Committee. Dennis Everett Jr. stated that there should be a focus and prioritization in institutions where Restrictive Housing is an issue. Attorney Tenneriello stated that the Committee should consider the new units pursuant to Falcon and if the units can uphold CJRA standards.

Member Comments    

Dennis Everett Jr. stated that infrastructure should be considered for the Falcon group if we want to move to a mental health approach. Christopher Fallon stated that there is no desire to spend additional money on the institutions for renovations so Falcon will be thinking of creative ways to approach this issue.

Public Comment  

Cassandra Bensahih stated that there is data regarding individuals that are exposed to violence in Restrictive Housing. She also stated that Correction Officers are not equipped to take care of the individuals in Restrictive Housing that are suffering from mental health illness.

Mary Valerio stated that Restrictive Housing isn’t working and that for gang members and violent individuals there needs to be a new approach. She also raised the concern of long haul Covid-19 symptoms within the prison system and how that will be addressed.

Adjourn

Attorney Fleischner motioned to adjourn the meeting. Christopher Fallon seconds the motion. The meeting was adjourned at 12:51pm. Chairman reminded the Committee the draft letter deadline is December 17.

      NOTICE OF OPEN MEETING  

Pursuant to the provisions of G.L. c. 30A and 940 CMR 29.00 et seq, notice is hereby given of a meeting of the Restrictive Housing Oversight Committee to take place virtually on Thursday, December 16^th, 2021 at 11:00AM.

AGENDA

1. Call To Order
2. November 2021 Meeting Minutes
3. Subcommittee Updates
4. Letter to Judiciary Discussion
5. County Site Visits Update
6. County CJR & DOC Reporting Update
7. Falcon Implementation Update
8. Member Comment
9. Public Comment
10. Adjourn

If any member of the public wishing to attend this meeting seeks special accommodations in accordance with the Americans with Disabilities Act, please contact Michaela Martini at 617-727-7775 or michaela.martini1@mass.gov