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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 (in concert with the Division of Capital Planning and Operations) 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 and the implementation of Regimented Discipline 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. Two 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. Two additional members appointed by the Governor from a list of qualified individuals prepared by the other members of the Committee. Such additional members shall serve for a two year term.
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 shall 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 40; have volunteered for participation in the program; are medically and psychologically fit to participate in the program; are eligible for release under current law after serving no more than 18 months of their sentence; to not have any escape(s) from a secure perimeter or any type of escape(s) within the past three years; are not serving mandatory sentences for violations of the controlled substance laws; and whose participation has been determined not to present an undue risk to the physical safety of other persons.
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.
The Committee is encouraged to develop alternative operational models - including models structured as primarily managed and run with Department of Correction resources, and those primarily managed and run with the resources of the Sheriffs' 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 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 two years, 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 27th day of January in the year of our Lord one thousand nine hundred and ninety-three.
William F. Weld Governor
Commonwealth of Massachusetts
Michael Joseph Connolly
Secretary of the Commonwealth