Executive Order

Executive Order  No. 316: Establishing a joint state and county advisory committee regarding the establishment of boot camp correctional facilities and programs within the Commonwealth

Date: 09/24/1991
Issuer: William F. Weld
Mass Register: No. 671
Revoked and Superseded by: Executive Order 349

Table of Contents

WHEREAS, the Commonwealth of Massachusetts, by and through its Department of Correction, and the Sheriffs of the 14 Massachusetts' counties share a common interest in the establishment of effective correctional facilities and programs for youthful offenders which further the goals of minimizing their recidivism and maximizing their rehabilitation and reintegration into the community;

WHEREAS, the Department of Correction and the Sheriffs of Massachusetts agree that the successful establishment, maintenance and operation of Discipline and Rehabilitation Institutes ("Institutes"), also known as Boot Camps, with Regimented Inmate Discipline Programs ("Programs") will further these important goals without subjecting the citizens of the Commonwealth to the increased risk of criminality; and

WHEREAS, the successful establishment of such Institutes and the development of such programs, will require the close cooperation, resources, and shared expertise of the Sheriffs, the Department of Correction, and other agencies within the Executive Branch;

NOW, THEREFORE, I, William F. Weld, Governor of the Commonwealth of Massachusetts, by virtue of the authority vested in me as Supreme Executive Magistrate, do hereby order as follows:

Section 1. A joint State and County Advisory Committee on the Establishment of Discipline and Rehabilitation Institutes within the Commonwealth is hereby established. It shall be the responsibility of the Committee to make recommendations to the Governor on the following matters:

a. The number, siting and operation of boot camp facilities within the Commonwealth:

b. The proper distribution of operational and program responsibilities between the sheriffs and the Department of Correction:

c. The appropriate elements of a Regimented Inmate Discipline Program to be utilized at such facilities: and

d. Criteria for inmate classification and participation in such facilities and programs, an equitable selection process, and appropriate program incentives.

Section 2. It shall also be the responsibility of the Advisory Committee to oversee the establishment of boot camp facilities, the implementation of Regimented Discipline Programs and the evaluation of such facilities and programs. In this regard the Committee shall prepare and submit to the Governor an annual report which:

a. Sets forth the status of all such facilities and programs in operation, under construction or under consideration:

b. Identifies and analyzes the per inmate cost and the successes and the failures of the facilities and programs during the year:

c. Identifies and describes programs and experiences in other jurisdictions which are appropriate models for further study by the Advisory Committee:

d. Makes recommendations for improvements to current Massachusetts programs and facilities, including expansion: and

e. Examines and analyzes the recidivism rate for graduates of the Program.

Section 3. The initial composition of the Advisory Committee shall be as follows:

a. The Secretary of Public Safety who shall serve as chair of the Committee;

b. Three sheriffs elected by the Sheriff's Association, every two years, one of whom shall serve as co-chair of the Committee;

c. The Chairman of the Parole Board or his designee from the Parole Board;

d. The Commissioner of Corrections and an additional designee from the Department of Correction whose responsibilities include boot camp operations or development;

e. The Commissioner of the Division of Capital and Planning Operations or his designee; and

f. Such other members possessing other expertise as the Advisory Committee may from time to time recommend to the Governor and as the Governor may thereupon determine to appoint.

Section 4. Recommendations of the Committee shall be those receiving the endorsement of a majority of the Committee. Minority Committee reports or recommendations may accompany any recommendations or reports made by the full Committee.

Section 5. In carrying out its responsibilities, the Committee is to be guided by the following principles and considerations:

a. Participation and Classification

The facilities and programs should be made available through a classification process agreed to by the Advisory Committee, which makes limited categories of state and county inmates eligible who are: under the age of 30; have not been previously incarcerated for more than 90 days in a state, county or federal adult correctional facility; would be eligible for release under current law after serving no more than 18 months of their sentence; and do not have a history of violent criminal activity. In no case shall offenders be permitted to participate if they are serving mandatory sentences for violations of the controlled substance laws or are serving sentences for crimes of violence against the person under any section of chapter 265 of the General Laws, except Section 13A.

b. Nature of the Program

The Program shall provide for a period of incarceration at a boot camp facility of not less than 90 days and shall at a minimum include an intensive regimen of work, exercise, military-type discipline, basic education and substance abuse treatment. The Program should also include a post boot camp component in order to minimize recidivism and maximize reintegration and supervision.

c. Operation

The Committee is encouraged to develop alternative operational models - including models structured as primarily managed and run with Department of Correction resources, those primarily managed and run with the resources of the Sheriffs' Departments and those run jointly by both departments. Further, the Committee is encouraged and directed to actively pursue in cooperation with the Division of Capital Planning and Operations, the siting of and funding for at least two boot camp facilities within the Commonwealth during the next two years.

d. Existing Laws and Regulations

In order to promote the timely operation of boot camp facilities and Regimented Discipline Programs on a trial or pilot basis, the Committee should limit its initial recommendations so that they can be implemented within existing executive authority and without need to resort to significant legislative action. However, the Committee is also encouraged to recommend to the Governor legislative action which will ensure the long-term success and expansion of the facilities and their programs.

Section 6. It is the Governor's intention that this Advisory Committee act as the focal point for the development, improvement and expansion of boot camp facilities and Regimented Discipline Programs in the Commonwealth. It is further the intention of the Governor to exercise his authority and the authority of the Executive Branch over matters within the purview of the Advisory Committee consistently with the recommendations of that Committee, and not to proceed with an expansion of such facilities or programs without first seeking and considering its advice.

Section 7. The Committee shall meet at least monthly during its initial year, at a time and place to be set by the Chair. The Committee shall file an initial report as to its work with the Governor, on or before January 15, 1992 and at least annually thereafter.

Given at the Executive Chamber in Boston this 24th day of September in the year of our Lord one thousand nine hundred and ninety-one.

William F. Weld, Governor

Commonwealth of Massachusetts

Michael Joseph Connolly

Secretary of the Commonwealth

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