Special Commission to Study LGBTQI Inmate Health and Safety Meeting

SPECIAL COMMISSION TO STUDY LGBTQI INMATE HEALTH AND SAFETY

Date: January 12, 2022

Time: 11:00AM-1:00PM

Place: Microsoft Teams (Virtual Meeting)

Members Present:

Co- Chair Mitzi Peterson

Co- Chair Pamela Klein

Attorney Elizabeth Matos

Attorney Jennifer Levi

Michael Cox

Casey Lepisto

Honorable David Mills

Members Absent:

Sherrif Patrick Cahillane

Call to Order and Attendance

The meeting was called to order at 11:04am once a quorum of members had been established.

Approve meeting Minutes from 10/27/2021 and 12/8/2021

The meeting minutes from October 27^th with no further edits entered into the record.

There was a request to amend the December 8^th minutes.

Co – Chair Mitzi Peterson requested that the last sentence under “Security Transfer Data Review” be moved to a new section. With the amendment to the minutes, the minutes were unanimously approved.

Update on Barnstable visit

Attorney Jennifer Levi provided the commission with information regarding Barnstable county site visit. During the visit in the facility, it was found that the health staff seemed open to learning about the health needs of transgender individuals but were not particularly knowledgeable. Attorney Levi stated that there seemed to be a disconnect in health care regarding Transgender individuals from internal HOC health care providers and external community health care facilities. Not all staff use the same terminology and there was also confusion between medical and mental health staff.  It was also found that within Barnstable County there are four different color jumpers the inmates wear to differentiate inmates: males, females, pre-trial, and pre-conviction. It was mentioned that this color-coded system could be problematic for those who are transgender or are in the process of transitioning. There was also a visit to the woman’s observation area that resulted in findings that the female unit was not properly heated and very cold. It was also discovered that the women do not have much out-of-cell time due to the use of electronic tablets.

David Mills stated that the committee should define the total population and estimate the number of individuals that identify with LGBTQI community in the final report that goes to the legislature. Michael Cox shared that he has data that supports the claim that the LGBTQI community is disproportionality convicted compared to those that do not identify with the LGBTQI community. Michael Cox and Jennifer Levi will create a PowerPoint conveying the national numbers of LGBTQI members that have been convicted.

Atty. Matos raised concerns regarding the lack of masks being worn despite the mandate within facilities. As a commission concerned with the health and safety of the community, it is asked that the Sherriff convey the concern of the commission. Atty. Matos clarified that it is not fair to say that there were no masks being worn. Most individuals were staying within their cells but there is still a concern regarding mask compliance.

Update on MOU with Harvard Law clinic

Pam provided the commission with an update. She spoke with Attorney Walker to determine what they had regarding MOU’s, however there is not currently an update.

David Mills stated that in his experience as a lawyer, the court held interns to the same standards of confidentiality as judges. Addressing the question of why Harvard was not provided with independent interview abilities, Mitzi stated that prior legal advice was that the commission was tasked with completing interviews and including a third party to translate the information was not advised.  Michael added that legal advice has been changing and has not been cohesive from legal support he looks to Atty. Walker for her advice. David also adds that he is not satisfied with the legal advice given as it related to Harvard students supporting the commission with the interviews. Atty. Walker stated that she will continue to find answers for the commission. Atty. Levi states that the legislature authorizes the committee to interview LGBTQ members, further explaining that misinformation has been given to the committee regarding meeting with LGBTQ members. Due to open meeting laws not all members can attend the interview process as it would qualify as a meeting. If the committee is permitted to utilize Harvard Law Students it will relieve committee members to continue important work. The committee then further questioned Atty. Walker on matters related to email use, sharing information within the commission, all related to open meeting laws and direction from prior legal advice. Atty. Walker responded that she will continue to provide legal advice and will continue to look into matters that will support the commission.

Planning future visits to DOC Facilities

Pam requests that a list of DOC facilities that the commission has yet to visit be circulated. The facilities that are currently a priority are: Concord, Souza-Baranowski, Old Colony Minimum, the Farm and Boston Pre-Release. Mitzi asked whether, due to the COVID spike, the commission would the committee consider virtual visits and interviews. Atty. Matos stated that it is a different experience when the visits are virtual. Mitzi will arrange a tour and interviews at Boston Pre-Release, acknowledging that most individuals work during the day. A tour of Old Colony will be arranged as well. Atty. Levi states to wait to set up the tour but see if there are individuals that want to have interviews.

Survey response update from Michaela

Amy informed the committee that all surveys received have been scanned and uploaded. Michaela will share the folder with the commission once it has been set up in the appropriate manner.

Member comment

Atty. Levi asked if Mitzi can speak to the matter regarding support in the transition of individuals to a new facility of the gender to which the individual identifies. Mitzi stated that there are meetings between the Director of Behavioral Health and the individual that addresses any questions or concerns, inmate manuals, property allowances and the like in an effort to ease the adjustment to a new environment. Individuals transferring are provided support to aid them in the transition from DOC as well as the contracted healthcare vendor. Individuals have been very successful in transitioning and the receiving community has been doing very well and appears supportive. Michael asked if there is an update in the DOC data collection for LGBTQ. Mitzi stated that there has been a document created and a standard operating procedure of how to collect the data is in the works. Director Kohl will be requested to speak at the coming commission meeting for data updates.

Public Comment

There were no members of the public that entered public comments.

Adjournment

Atty. Levi moved to adjourn, Pam seconds the motion, and meeting adjourned at 12:51pm.

Agenda

1. Call to order and attendance
2. Approve minutes from 10/27 and 12/8
3. Update on Barnstable visit
4. Update on MOU with Harvard Law clinic
5. Planning future visits to DOC Facilities
6. Survey response update from Michaela
7. Member comment
8. Public comment
9. Adjourn