Overview
The Berkshire County Sheriff’s Office (BCSO) was established as an independent state agency on July 1, 2000, after Section 12 of Chapter 34B of the Massachusetts General Laws abolished Berkshire County as a form of government. This law was then amended by Chapter 61 of the Acts of 2009. According to Section 4 of Chapter 61 of the Acts of 2009,
All functions, duties and responsibilities of the office of a transferred sheriff pursuant to [the Acts of 2009] including, but not limited to, the operation and management of the county jail and house of correction and any other statutorily authorized functions of that office, are hereby transferred from the county to the commonwealth.
The transfer was completed on January 1, 2010. The Sheriff became an employee of the Commonwealth but remained an elected official and retained administrative and operational control over BCSO. Under the Sheriff’s direction, superintendents administer BCSO operations at the BCSO’s facilities.
According to its website,
The primary mission of the Berkshire County Sheriff’s Office is to “Protect the public from criminal offenders by operating a safe, secure and progressive correctional facility while committing to crime prevention awareness in the community.”
During the audit period, BCSO had 1,133 inmates in its custody.1 As of June 30, 2024, BCSO had 313 employees. In fiscal years 2023 and 2024, BCSO’s had a budget of $21,336,934 and $21,895,402, respectively.
BCSO serves two cities and 30 towns in Berkshire County. The Berkshire County Jail and House of Correction (BCJHOC) is located at 467 Cheshire Road in Pittsfield.
BCSO focuses on offering education and treatment programs, which include classroom education, vocational education, job training, and treatment and counseling for substance use disorder. BCSO’s facilities also host the county’s 911 dispatch center, which provides police, fire, and medical emergency communications for 26 communities in Berkshire, Hampden, and Hampshire counties.
Inmate Information System
BCSO uses an inmate information system to track and manage information regarding inmates in its custody. During the process of admitting an inmate, one of BCSO’s booking officers enters information from a mittimus2 into the inmate information system.
Medical Record Management System
BCSO uses a medical record management system to manage inmates’ medical information. Medical staff members use electronic forms to collect each inmate’s health information, such as their medical history, ongoing and past treatments, mental health conditions, medications, and scheduled appointments. Qualified healthcare professionals (QHP)3 also use this system to document and track inmates’ sick call requests.
Inmate Deaths
Section 932.17 of Title 103 of the Code of Massachusetts Regulations (CMR) requires county correctional facilities, such as BCSO, to establish guidelines for notifications, investigations, reports, and documentation regarding the deaths of inmates or facility employees. According to BCSO’s “BCSO-111R” policy,
A. Upon discovery of the body, the body and the immediate area [in which the body was found] shall be treated as a crime scene, and as such shall be cordoned off and no entry shall be allowed to unauthorized staff.
B. The Sheriff/designee shall notify the following:
1) Massachusetts State Police [Crime Prevention and Control Unit];
2) The District Attorney’s Office, and
3) Next of kin/Emergency Contact.
C. In the event of the death of an inmate, the Medical Examiner’s Office . . . is to be contacted. . . .
D. A report shall be filled out by the staff member specifying all information, including past medical history and previous encounters in the health services department.
E. [Criminal Offender Record Information] notification [sent to victim(s) of an inmate] as soon as practicable [when such notification is necessary];
F. A clinical mortality review is conducted within 30 days to include a Psychological Autopsy if the death is related to suicide. An Administrative review is conducted with custody staff.
BCSO also maintains a log that includes each inmate’s name or identification number and age, the date of death, the administrative and clinical mortality reviews, the cause and manner of death, the date of the psychological autopsy (if required), and the date that any findings were shared with BCSO staff members.
Healthcare Services
During the audit period, most healthcare and mental healthcare services were provided by BCSO’s in-house healthcare employees. During the audit period, BCSO’s assistant deputy superintendent of the medical department was designated as its responsible health authority, who is in charge of the medical department, including in-house healthcare providers and staff members. During the audit period, BCSO contracted with various external healthcare providers for dental and vision services.
Quarterly Meetings
According to 103 CMR 932.01(3),
The county correctional facility [in this case, BCSO] shall require that the health authority meet with the Sheriff/facility administrator or designee at least quarterly and submit the following:
(a) quarterly reports on the health care delivery system and health environment; and
(b) annual statistical summaries.
BCSO’s Continuous Quality Improvement Committee consists of its superintendent (or their designee), a physician, the mental health director, the health authority, and any facility administrators responsible for healthcare at BCSO’s facilities. This committee meets on a quarterly basis with the Sheriff (or their designee). These meetings cover topics such as inmate intake, chronic care, sick calls and follow-up care, grievances, orientation, training, and other areas concerning the delivery of healthcare at BCSO’s facilities. BCSO’s “BCSO-095R” policy requires that medical staff members submit reports on the healthcare system and that meeting minutes of the health administrator’s meetings are recorded, distributed, and maintained by the assistant deputy superintendent of the medical department. Additionally, a monthly statistical form is compiled; this form tallies the number of inmates seen by health services staff members, the categories of diseases seen, and services either rendered or offered.
Admission Medical Screenings
According to 103 CMR 932.06 and BCSO’s” BCSO-100R” policy, an admission medical screening, which is performed by a QHP, is provided to each inmate upon their arrival at BCJHOC. The admission medical screening consists of a questionnaire and observation to collect each inmate’s medical history, including past and present treatments or hospitalizations for mental health concerns or risk of suicide or suicidal thoughts, and to ensure that each newly admitted inmate’s illnesses, health needs, and medications are identified for further assessment and continued treatment while in custody. A QHP records all findings resulting from the admission medical screening in the electronic medical record management system; these entries are then approved by the health authority.
Physical Examinations
According to 103 CMR 932.07 and BCSO’s “BCSO-101R” policy, each inmate committed to BCJHOC for 30 or more days receives a thorough physical examination within 7 days of admission, if a licensed practical nurse completes the admission medical screening. If a physician, physician assistant, or registered nurse performs the admission medical screening, the physical examination deadline is extended to 14 days. The physical examination is completed by a facility physician or clinician and includes reviewing the inmate’s medical record, examining the inmate for any signs of trauma or disease, conducting laboratory and/or diagnostic tests, and reviewing findings and any necessary follow-up services with the inmate if they require further treatment. The QHP records the inmate’s physical examination in the medical record management system.
Sick Call Requests
According to 103 CMR 932.09,
Written policy and procedure shall provide for continuous response to health care requests and that sick call, conducted by a physician or other qualified health personnel, is available to each inmate.
According to BCSO’s “BCSO-103R” policy, QHPs must provide a face-to-face meeting within 24 hours of sick call requests and that sick calls are conducted by a nurse seven days a week and by a physician or QHP minimally once a week. Inmates can request access to healthcare by completing an Inmate Request Slip with certain information (e.g., a description of the type of service requested and the date the inmate completed and signed the form) then submitting the completed slip into a designated mailbox. An in-house healthcare employee checks the medical request box daily to pick up the forms and then requests that the inmates in question be brought to the medical department to be seen. For instances that require immediate medical attention, the inmate can inform a correctional officer, who would then alert the medical department.
Initial Mental Health Screenings and Follow-Up Mental Health Assessments
According to BCSO’s “BCSO-107R” policy, an initial mental health screening is performed during the booking and admission by a mental health clinician. The initial mental health screening is performed to obtain the history of the inmate’s mental health condition. This initial screening may also result in a referral for a follow-up mental health assessment if the inmate is found to potentially have a serious mental illness or disability, or if they pose a risk to themself or others. Follow-up mental health assessments include, but are not limited to, reviewing the inmate’s current stressors, current treatment and/or prescriptions, risk for suicide or suicidal thoughts, substance use disorder history, and history of symptoms.
Employee Settlement Agreements
The Office of the Comptroller of the Commonwealth (CTR) has established policies and procedures for Commonwealth agencies regarding the processing of employee settlements and judgments. CTR’s “Settlements and Judgments Policy,” dated January 10, 2022 and in effect during the audit period, states,
A settlement or judgment results from a formal claim (grievance, complaint or lawsuit) against the Commonwealth that results in either a Settlement Agreement, or a court or administrative award, order or Judgment. . . .
A “claim” is considered any demand by any person for damages to compensate a wrong allegedly suffered, including but not limited to violation of civil rights, breach of contract, failure to comply with contract bidding laws, incorrect or improper personnel determinations regarding pay, promotion or discipline, failure to comply with statutory or constitutional provisions applicable to employment, an eminent domain taking, and attorney’s fees, interest and litigation costs associated with these claims.
For the purposes of our audit, we focused on settlement agreements resulting from claims brought by current or former state employees against BCSO for the extended audit period, January 1, 2019 through June 30, 2024.
The procedures for agencies to determine availability of funds for the payment of settlements and judgments against the Commonwealth are described in 815 CMR 5.00, as are reporting requirements. This regulation requires agencies to prepare and submit a report to CTR’s general counsel before making the payment. When reporting employee settlement agreements to CTR, state agencies use a Non-Tort Settlement/Judgment Payment Authorization Form (referred to in this report as the SJ Authorization Form) to document the following:
- whether the claim will be paid by the agency or through the Settlement and Judgment Reserve Fund;
- the type of claim;
- the agency’s information;
- the employee’s information;
- the type and amount of damages detailed in the settlement agreement;
- the amount of any attorney’s fees awarded; and
- the amount of any interest awarded or accrued.
Additionally, agencies must also include a copy of the employee settlement agreement signed by authorized representatives of both parties when they submit the SJ Authorization Form.
| Date published: | November 25, 2025 |
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