June 30, 2004

HARSHBARGER COMMISSION RECOMMENDS BLUEPRINT FOR REFORM

SHIRLEY – The 15-member Governor’s Commission on Corrections Reform today presented their comprehensive findings and recommendations to Governor Mitt Romney.

The report notes that although 97 percent of inmates are eventually released back into society, the Department of Correction (DOC) inadequately prepares them for successful re-entry. The panel urges the Department to make prisoner re-entry a top priority to ensure inmates don’t re-offend once they serve their sentence and are back living in the community.

The commission’s findings also call on the Department to seize control of skyrocketing labor costs and put in place other workforce accountability measures. The report points out that corrections officers in Massachusetts use an average of 17.5 days of paid sick leave each year, including five unsubstantiated days. Paid sick time accounts for $21 million of the Department’s budget, which is the equivalent cost of 230 additional corrections officers, exclusive of overtime pay.

The Commonwealth’s corrections officers use paid sick time at a much higher rate than officers at the Federal Bureau of Prisons, which average 5.25 days annually. Correction officers in the state of California, with the nation’s largest prison system, use an average of 12.75 sick days per year.

“A tragic crisis shone a spotlight last year on the operations and culture of the Department of Correction,” said Romney, while accepting the commission’s report at the Souza-Baranowski Correctional Center. “This group of experts worked long and hard to identify areas of weakness in our state prison network. Their conclusion is clear: It is time to correct our system of correction.”

In October 2003, Romney formed the commission, chaired by former Attorney General Scott Harshbarger, in response to the need for a top-to-bottom review of the state corrections system cited by the panel investigating the murder of incarcerated former priest John Geoghan.

In crafting their recommendations to Romney, the commission held 14 meetings, conducted 12 site visits, reviewed more than 300 documents, interviewed key stakeholders and DOC staff, surveyed superintendents and captains at six facilities, held public hearings and conducted focus groups including nearly 40 current inmates over the past eight months.

“This report is a comprehensive, top-to-bottom review of the Department of Correction, that identifies ways to enhance public safety, ensure fiscal responsibility and implement fair and just policies and practices in the interests of inmates, staff and the community,” said Scott Harshbarger. “I believe that by adopting this report as a road map for change, the Department can become a strong and vital partner in the Commonwealth’s public safety efforts.”

“With the support of the Governor and Lieutenant Governor, critical members of the Legislature, and the quality leader we have in Commissioner Dennehy, we have a rare opportunity to initiate real reform of criminal justice in Massachusetts,” said Public Safety Secretary Edward A. Flynn. “The findings in this report will help us take another critical step along the path to delivering on our promise to radically improve the Commonwealth’s correction system.”

Major findings and recommendations include:

PUBLIC SAFETY AND INMATE RE-ENTRY

Findings:

· The Department does not adequately prepare inmates for release back to the community.

The Department does not hold inmates accountable for participating in productive activities such as programs, work, and treatment.

Models of effective re-entry planning exist and could be useful for the Department.

The Department’s ability to effectively transition inmates is limited by state laws, sentencing practices and internal DOC policies.

Post-release supervision strengthens inmate re-entry and is especially necessary for inmates who are at a high risk for re-offense.

Recommendations:

The Commonwealth must view reducing the rate of re-offense by returning inmates as one of its highest public safety priorities.

The Department should adopt a comprehensive re-entry strategy, including risk assessment, proven programs, “step-down,” and supervised release.

The Department should hold inmates more accountable for participation in productive activities designed to reduce the likelihood that they will re-offend.

The Commonwealth and the Department should revise sentencing laws and DOC policies that create barriers to appropriate classification, programming, and “step-down.

The Commonwealth should establish a presumption that DOC inmates who are released are subject to ongoing monitoring and supervision.

There should be a dedicated external review of inmate health and mental health services.

There should be a dedicated external review of issues pertaining to female offenders in the Department’s custody.

“Re-entry is the cornerstone of criminal justice reform,” said Lieutenant Governor Kerry Healey. “Not many people realize that the vast majority of all inmates return to the community. Incarceration must include rehabilitation, not just punishment, or else we are merely exacerbating our future crime problems by increasing recidivism. Making re-entry a central part of the Department of Correction’s mission could pay significant dividends to reducing crime in our communities.”

FISCAL MANAGEMENT

Findings:

As staffing costs comprise 73 percent of the DOC budget, the Department’s fiscal management is closely linked with its capacity for efficient and effective labor management.

Massachusetts DOC union workers have a high rate of sick leave usage.

Recommendations:

The Department should take responsibility for bringing down staffing costs and reducing worker absenteeism.

The Department’s budget should be more closely aligned with its mission and priorities. This will enhance public safety in a fiscally responsible manner.

The report recommends that that DOC should take responsibility for bringing down staffing costs and reducing worker absenteeism and its budget should be more closely aligned with its mission and priorities. This will enhance public safety in a fiscally responsible manner.

FAIR AND CONSISTENT POLICIES AND PRACTICES

Findings:

Many of the Department’s current policies, procedures and practices are not fair and consistent, including those related to inmate classification, discipline and grievances.

Current policies and practices do not adequately ensure the safety of inmates in protective custody.

The Department’s current systems for oversight and accountability are deficient, including those related to investigations and data integration.

Effective communication with inmates is inhibited by a limited bilingual work force. This may impact institutional security.

Recommendations:

The Department should ensure that policies and procedures, including those related to inmate classification, discipline, and grievances, are transparent, well-communicated, have specified appeals processes, and are implemented by staff who are appropriately selected, trained and supervised.

The Department should ensure that policies and procedures are properly implemented through oversight and accountability systems, including an independent investigative authority, data management, and unit management.

The Department should conduct a system-wide facility review to ensure that its physical plant is consistent with the security needs of the staff and the inmate population, and the Department’s mission.

The Department should adequately protect and care for inmates in protective custody.

The Department should increase the linguistic diversity and cultural competence of its workforce.

LEADERSHIP AND ACCOUNTABILITY

Findings:

Important aspects of the Department’s mission have not been fully effectuated.

The Department’s internal management systems are inadequate to support the reforms contained in this report.

Models of performance management systems exist, and could assist the Department in improving agency performance, accountability, and cost efficiency.

The Department’s management does not have sufficient authority and discretion.

The Department is inextricably linked to external criminal justice and human service agencies.

The Commissioner’s new strategic plan is a step in the right direction.

An external advisory board on corrections would provide necessary ongoing monitoring and oversight of the DOC.

Recommendations:

The Department should revise its mission to include reducing the rate of re-offense by inmates released into the community.

The Department should adopt a performance management and accountability system to enhance agency performance, improve the culture, and utilize budget resources more effectively.

The Department’s management capacity should be strengthened through the collective bargaining process and revisions to the internal rank structure.

There should be an external advisory board on corrections to monitor and oversee the Department. The board should work cooperatively with the Commissioner to develop concrete goals for the future of the Department.

“Since my appointment, a core group of staff have worked with me to develop a strategic plan for issues targeted for immediate intervention,” said Correction Commissioner Kathleen Dennehy. “The Commission has provided a critical step in educating the public and guiding the Department of Correction into the future. Our initial action plans will be revised to fully reflect the depth and breadth of the Commission’s recommendations.”

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