Dear Neighbor,
First, an invitation: The Legislative Criminal Justice Reform Caucus will hold a forum on COVID-19 and Decarceration tomorrow, Thursday May 7 at 3 pm. You can preregister and attend, or watch on Facebook. It will be recorded; I'll send a link in the next newsletter.
A NATIONAL PROBLEM
The toll of the pandemic in our nursing homes is horrific, as I've written in my last two newsletters, one on problems and one on belated but very important administration actions.
In prisons, as in nursing homes, people live in close quarters, with one or more roommates, or even in dormitories. Social distancing is pretty difficult in a small cell, in bunk beds, or in a dorm.
People in prison are not nearly as old or frail as those in nursing homes, although Massachusetts has the highest percentage of inmates over 55 of any state. At least half of them are over 60 years old or have a medical condition putting them in a high risk group.
Massachusetts is not at the level of some other states - yet. New York City's Rikers Island has seen at least eight correctional officers die of COVID-19, out of 800 tested positive. Cook County Jail is the largest single site of infections, despite the release of a thousand prisoners. This photo is of a Cook County dormitory.
Jails are a special problem because people incarcerated before their trial come in and out frequently and may bring infection into the jail, or out into the community. They may be there for technical, non-violent parole violations, like missing a curfew - like the first inmate to die at Rikers Island.
Because of these dangers, many people, including three Massachusetts DAs, judges, advocates and legislators, are advocating the reduction of the number of incarcerated people to reduce the spread of disease.
THE STATE OF MASSACHUSETTS
WBUR recently reported that five Massachusetts correctional institutions appear to be among the hardest hit in the US, among inmates and staff. Those institutions are the Shirley, Framingham and Bridgewater state prisons, and Essex and Middlesex county jails. We learned yesterday that over 1/3 of the women at MCI Framingham have tested positive.
Of course, these reports don't count people who haven't been tested. The Barnstable County jail hasn't tested a single inmate since early April and Franklin County has only tested two,
Eight incarcerated people have died in Mass. from COVID-19 and the fear is that number will only increase. We have heard from people inside who report feeling unsafe, because of unclean living conditions, lack of PPE, or LGBTQ+ prisoners feeling even more unsafe and isolated than usual.
In the 16 Department of Correction (DOC) facilities, 58% of inmates are in double cells or dorms and can't keep six feet from each other. This photo is of the new Hampshire County jail dormitory.
STATE COURT CHALLENGE
The Committee for Public Counsel Services (CPCS) and the Massachusetts Association of Criminal Defense Lawyers (MACDL) filed suit against the Trial Courts and the Department of Correction (DOC). They asked the court to release people being held pre-trial as well as to revisit the sentences of people already convicted. The SJC held that pretrial detainees who didn’t commit violent offences would have a rebuttable presumption of release that would have to be argued case-by-case. The court held that they did not have the power to revisit the sentences for already sentenced individuals, but urged DOC and the Parole Board to expedite parole, medical parole, and release of prisoners nearing the end of their sentences. The court appointed a Special Master to monitor and report on the number of people being released and tested by county.
In the most recent report by the Special Master it is plain to see is that a very small percentage of people inside prisons are receiving tests, so it's impossible to understand how widespread COVID-19 is. You can’t manage what you don’t measure, and we are not testing adequately to even hope to manage the problem.
As with the state's reporting of COVID-19 in nursing homes, there is no reporting of deaths. While the total number is currently small, the fact that there has been a cluster of five deaths at the Mass. Treatment Center, which is among the highest death rates in the country, indicates a special problem.
There is also an excellent database compiled by the ACLU of Mass. which tracks testing, positive cases, and releases in prisons and jails, with interactive charts.
Last Friday, the Superior Court released a Findings of Fact with extremely important information about the situation and DOC's efforts.
FEDERAL LAWSUIT VS. BRISTOL COUNTY SHERIFF
Lawyers for Civil Rights filed a federal class action lawsuit on behalf of ICE detainees against the Bristol County Sheriff’s Office and ICE. The suit sought the release of those being detained by ICE due to fears of overcrowding in the Bristol County Facility and lack of testing and safeguards against COVID-19. The court ruled in favor of the ICE detainees, and as a result, a U.S. District Judge has been personally overseeing the release of detainees and has since released at least 47 detainees from Bristol County.
News broke over the weekend of a violent altercation between ICE detainees and ICE Officers/Bristol County Corrections Officers. Sheriff Hodgson claims the detainees attacked staff because they were refusing COVID-19 testing. The detainees claim they were refusing testing because the way they were going to be transported to be tested was unsafe and that is what led to them being assaulted. It is clear that fears and anxieties around COVID-19 were a major contributing factor to what happened. At least three investigations have been launched into the incident.
It is also clear that my colleague, Sen. Sonia Chang-Diaz, attempted to enter the facility after the incident and was denied entry even into the parking lot. This is a direct violation of Massachusetts Law, which allows State Representatives and Senators to enter any state or county correctional facility without prior notification. The Senate Post-Audit Committee, led by Sen. John Keenan, is launching an investigation of the sheriff's unprecedented violation of state law.
WHAT LEGISLATORS ARE DOING
Recently I signed onto a letter to Gov. Baker by 38 House and Senate members, led by Sen. Mike Barrett. We urged the administration to follow the SJC’s request and intensify their efforts at releasing more people from our state and county institutions. The letter focuses on the almost 300 people who have been awarded parole, but not yet granted a parole permit. This means that at the time of the SJC Decisions there were 300 people deemed worthy of parole, but that had yet to be actually released.
I also continue to work with advocates and the DOC to increase the number of people granted medical parole and to speed up the process of releasing these people. Medical parole is for people who are terminally ill or permanently incapacitated. They are the least dangerous people incarcerated and the ones most at risk for dying of COVID-19. I will join a group of legislators this week to meet with representatives of the Parole Board, the Department of Correction, and the Secretary of Public Safety to figure out how to reduce unnecessary barriers.
MIDDLESEX COUNTY IS DOING THE RIGHT THING
While much more needs to be done to address this issue across the state, it's also important to applaud the work that Middlesex District Attorney Marian Ryan's Office has been doing, with the cooperation of Sheriff Peter Koutoujian. Her office started releasing people as a response to COVID-19 prior to the SJC decision and as of now have had 163 petitions for release allowed. Sheriff Koutoujian announced Monday that the population under supervision has dropped to below 600 – a nearly 25 percent drop since mid-March. This, along with closing dormitory units, is allowing more social distancing.
DOMESTIC VIOLENCE VICTIMS LINE
DA Ryan is also focused on Domestic Violence victims, who may be at special risk during this time of quarantine. To aid those who may be stuck in a violent situation, her office has set up a Non-Emergency Text Line for victims of violence. Victims can now reach an advocate during regular office hours (8:30 a.m. – 5:00 p.m.) via text message at 781-281-4066. Note that the line is not monitored 24/7 and is NOT an emergency line.
More information and resources for victims of violence can be found here.
RESOURCES FOR FAMILIES OF INCARCERATED PEOPLE
Here are resources for families of incarcerated people and others who would like to support incarcerated individuals during the COVID-19 Pandemic:
Families for Justice As Healing (women, housing, advocacy, support):
https://www.facebook.com/familiesforjusticeashealing/
Black and Pink, Boston (lgbtq/hiv, re-entry support, advocacy): https://www.facebook.com/BlackAndPinkBos/
Boston Release Network (housing for those convicted of a sex offense): https://bostonreleasenetwork.org/
Prisoners’ Legal Services: https://www.plsma.org/
Committee for Public Counsel Services (CPCS): https://www.publiccounsel.net/home/press-office/important-resources-during-covid-19/
https://www.publiccounsel.net/cpcs-v-chief-justice-of-the-trial-court/?fbclid=IwAR160KXtAWRvA1sG5PwHIbQ34CsrVR-LwixTjew2ci0ptbtw3tjURMkQtic
SPECIAL THANKS
Mark Martinez, my budget and policy advisor, compiled and wrote much of this report. Vicki Halal, my senior policy director, and Matt Hartman, my chief of staff, have worked for years with Prisoners Legal Services and CPCS to pass and ensure implementation of medical parole. Many of my constituents have written with their concerns about these issues. WBUR continues to do invaluable reporting on many issues in prison, ignored by most of the media. A growing number of legislators is engaged in working on these concerns.
