Tag Archives: Charlie Baker

Baker undermining solitary confinement reform

By Margaret Monsell  

Last year’s criminal justice reform law tried to nudge the state toward a more humane policy on solitary confinement in the state’s prisons and jails by adding due process protections for all prisoners confined to their cells for more than 22 hours a day and creating a 12-member Restrictive Housing Oversight Committee consisting of mental health and social work professionals as well as corrections personnel to conduct an annual study of solitary confinement practices, including recommendations on ways to minimize its use. 

The Baker administration, deeply unenthusiastic about this initiative, is using the regulatory process to throttle it.  In March, the Department of Correction sidestepped the new due process protections by way of regulations confining some prisoners to their cells for 21 hours a day instead of the 22 hours referenced in the statute. Problem largely solved.  

And in mid-June, the Department of Correction issued regulations governing the Restrictive Housing Oversight Committee that will certainly impair its ability to carry out its mission. Despite statutory language giving committee members “access to all correctional institutions,” the regulations require advance approval from the institution superintendent before any visit, prohibit a quorum or more of committee members from visiting the same institution at the same time, and apply all the rules governing visitation generally to committee members as well, making them, for example, subject to searches for weapons and contraband and to having their visits terminated at the discretion of corrections staff.

The committee must also obtain a written release from every inmate before reviewing any medical, criminal history, or other information the institution has about that inmate. While this requirement may serve the inmates’ privacy interests, it also provides corrections staff with a list of the inmates who have cooperated with the committee’s inquiries, intelligence that inmates might reasonably believe would lead to retaliatory punishment.    

In addition to these constraints on the ability of committee members to gather information, the regulations also forbid them from making “any statement(s) to the public or the press about any matters pending before the Committee, unless approved by the Chair of the Committee to do so” (the chair of the committee is the governor’s secretary of public safety). 

What constitutes a “matter pending before the Committee” remains undefined in the regulations, but presumably it includes the subjects the committee is required to address in its annual report, such as the criteria for placing an inmate in restrictive housing and the effect of restrictive housing on prison safety. In the absence of the chair’s approval, members would be unable to share their experiences and findings with anyone, including the Legislature, which established the committee for the purpose of its own edification. 

The Department of Correction put these regulations forward on an emergency basis, which means that they’re effective immediately and that the agency may dispense with the usual period between the announcement of a proposed new regulation and its adoption, during which time it is required to receive and consider public comments. (The solitary confinement regulations issued in March were also emergency regulations).

 Although they’re effective immediately, emergency regulations are of limited duration. These expire at the end of August. Maybe before then, the Legislature, the public, and the press can convince the Baker administration that, unlike these emergency regulations, permanent ones must reflect the fact that solitary confinement policy is not exclusively an executive branch prerogative. 

Margaret Monsell is an attorney practicing in the Boston area.

Gov. Baker to sign justice reform bill today at 3 pm

By Katie Lannan
STATE HOUSE NEWS SERVICEbaker

STATE HOUSE, BOSTON, APRIL 13, 2018….Gov. Charlie Baker plans to sign a wide-ranging criminal justice reform bill into law Friday afternoon, advocates said.

“I have great news for you. Governor Baker plans to sign our bill, as is, at 3 p.m. today,” Cherish Casey of the Essex County Community Organization said at a State House press conference.

Casey’s declaration triggered applause and cheers from those in attendance.

The press conference was originally called to urge Baker to sign the bill but took on a celebratory mood as its backers thanked the lawmakers and others who got the long-awaited bill to the governor’s desk…..

As the press conference was unfolding, Baker was holding a meeting of his cabinet Friday morning at the State House.

Baker’s office confirmed he will sign the bill, at 3 p.m. in room 157 at the State House, and said he will also “discuss additional reforms that the administration plans to propose.”

Send holiday REFORM greetings

EMIT doesn’t ask for money [we are all-volunteer] during the holidays. Instead, all year round, we ask for a thin slice of your time to add to the chorus in the wave of justice & corrections systems reform in Massachusetts.
With the CSG report due out imminently, take a minute to contact Gov. Charlie Baker and/or Speaker Robert DeLeo and encourage them to adopt  justice reinvestment — which means investing in jobs, education, job training and support for small business startups in urban communities hardest hit by mass incarceration.
The theory is to roll over money saved by fewer people behind bars and use it productively to start a new life for formerly incarcerated people.
See more info here in this Globe story from yesterday on the outdated state of our justice and corrections systems.  Here’s Speaker DeLeo’s and Gov. Baker’s contact info. My sample email follows- feel free to copy and paste and edit in your correspondence.
Dear Speaker DeLeo:
During this time of hope and celebration, I urge you to think of the 10,000 people in free public housing in our state’s prisons and jails. 
We are not the worst offender in the Union for lack of justice, however, there are MANY more reforms possible than covered by the CSG. I urge you to go further and rollover the money saved by incarcerating fewer people, getting rid of the bail system that favors the rich and guilty, and reinvesting it in urban communities hardest hit by incarceration. Please do everything in your power to adopt justice re-investment in the coming legislative session.
THANKS AND Happy Holidays from the EMIT team.

‘Secret’ Sept. 9 MA primary election will decide critical candidates

Here is a synopsis of Mass. gubernatorial candidates position on criminal justice reform. Source: the highly regarded Mass INC, an advocate for the middle class. The “no stated positions” say quite a bit between the lines. Make sure and vote on Sept. 9 or file an absentee ballot.

On the Campaign Trail

Below you will find a review of the policy positions for each candidate running for governor and attorney general in November. This review focused on the main areas of recommendations for reform identified in a 2013 report from the Massachusetts Criminal Justice Reform Coalition – sentencing reform, programming & treatment, reentry & supervision, and uniform data collection & evaluation.