Collective Bargaining, Over-Classification, and the Need for Post-Release Supervision Topped Sheriff's Agenda for Corrections Reform at CJPC Annual Dinner

CJPC's Annual Meeting, April 20th, featured Sheriff Frank Cousins, Jr. of Essex County. Sheriff Cousins urged support for Commissioner Kathleen Dennehy of the Massachusetts Department of Correction (DOC), and encouraged grass-roots participation in seeing that elements of the Governor's Commission on Corrections Reform (GCCR) Final Report are implemented.

Cousins participated on the GCCR; the follow-up to that commission's report: the DOC's Advisory Council; and the Lt. Governor's Commission on Criminal Justice Innovation and he currently serves as Vice Chair for Governmental Relations with the Massachusetts Sheriff's Association . In his talk, Cousins drew on his experience with these commissions, as well as his experience as a State Representative and sheriff to share his insights and concerns regarding county and state corrections in Massachusetts today.

Sheriff Cousins called for continued reform within the DOC and applauded Dennehy's efforts to date, but cautioned that change of the magnitude sought in the GCCR Report takes time. He estimated that for an agency such as the DOC, it could take up to five years to see the type of reform called for in the report and that which Dennehy seeks. In response to an audience question regarding the duration of the DOC's Advisory Council, established last fall for one year, Cousins said that he hopes and expects that the council's time will be extended so that it can continue to assist Dennehy in accomplishing needed reforms. Cousins personally supports Dennehy as she faces resistance similar to that which he has faced as Sheriff. Cousins identified labor union relations as a major challenge to reform, and stated plainly that dealing with unions has been the toughest part of his job, and is the toughest part of Dennehy's job. The basic problem, as described by Cousins, is that because reform takes time, unions can "wait you out." He cited the GCCR review of labor contracts, and suggested that reform will come through "a couple of cycles" of collective bargaining.

As an example of the obstacles created by current collective bargaining agreements, Cousins explained that union contracts can dictate how and which services are available to inmates in state prisons. Specifically, Cousins cited inmate education services, and explained that his department contracts for educational services with North Shore Community College, but that an outside service provider would not be allowed under the union contract for state prisons. The sheriff also challenged the DOC's current classification system, calling it a "major problem," and advocated for increased use of "step-down" classification and the re-opening of lower security level facilities. He cited the fact that the state prison population has decreased, while the county population has increased, indicating a shift to less violent crime. Given this shift, Cousins argued that it "makes no sense" to close lower (security) class facilities as the DOC has done. In response to a question, Cousins acknowledged that Dennehy, who last fall claimed to be ready to unroll a new classification system, has not backed down on the new system. Although nothing has been announced, the new system is coming, Cousins explained, and Dennehy has been working on getting other things in order. Specifically, Cousins mentioned the need to clean up disciplinary matters within the DOC.

Regarding classification, Cousins also explained that sheriffs have strong statutory control and can decide how inmates in their custody are monitored once sentenced. As Cousins explained, neither the DOC nor any sheriff can change sentences, but they can change classification. Once sentenced to county custody, an inmate may be deemed by a sheriff to be eligible for very low-level supervision. This is true because, according to Cousins, 85 percent of county inmates are not subject to mandatory minimum sentences. The DOC, on the other hand, has little statutory control, and cannot make use of the same step-down measures, such as GPS tracking that sheriffs can use.

In tandem with classification reform, Cousins called for increased post-release services and supervision. The sheriff believes that use of stepped-down security during incarceration, followed by post-release supervision, will result in less recidivism. His department currently conducts post-release tracking, in which sheriff's department staff attempt to maintain contact with recently released inmates. Cousins likes to see inmates in his custody stepped down in security prior to release, released to halfway houses, then moved to electronic monitoring, as they reintegrate to community life. He also explained that currently in Essex County, inmates released to live in the cities of Lawrence and Lynn are contacted by local police departments. Cousins is also considering other alternatives for Essex County.

Finally, regarding post-release supervision, the sheriff explained that the departments of parole and probation are administered differently. Most inmates following county sentences are subject to probation, whereas state inmates are released to parole. Because parole is under the direction of the Executive Office of Public Safety and probation is under the judiciary, these agencies function much differently. Cousins sees a strong advantage to the fact that probation departments are local to a given court and are actually present and involved at sentencing. Cousins called for reform of internal affairs at the state prison level, again citing collective bargaining as a key problem. Cousins also urged the centralization of investigation of complaints against correctional officers, which are currently handled within individual facilities. The basic problem with internal affairs, according to Cousins, stems from the fact that people working under the same collective bargaining agreement are policing each other. In Essex, Cousins has hired retired police officers who report directly to the sheriff. This approach, according to Cousins, along with a strong human resources staff, has worked very well. Cousins also cited the State Police use of a similar approach, ensuring that those investigating officer conduct are under a different collective bargaining agreement than those being investigated.

Cousins explained that he has long been concerned with how people are affected by substance abuse and estimates that 90 percent of the inmates in his county are addicts, and 70 percent are sentenced for drug crimes. This, Cousins said, is about double what it had been in the past, and urged increased services for addicts and alcoholics, citing the success of on-demand treatment in Essex County. The sheriff referred to the lack of women and people of color in law enforcement a "disgrace" and a "disaster." Cousins relayed his recent attendance at a police academy graduation in which of 143 graduates only 3 or 4 were women. Cousins also stressed the need for increased educational requirements and promotional exams for correctional officers, and suggested that new officers need good mentors. He further called for increased substance abuse treatment. Regarding mandatory minimum sentences, Cousins acknowledged that part of the problem stems from over-enforcement. In response to an audience question, he specifically cited school zone drug possession as an offense that some local police can and do over enforce. He further acknowledged that given the density of school zones in urban areas, the result can be racist.

When asked how grass-roots groups can work with sheriffs for reform, Cousins explained that district attorneys fear being seen as soft on crime, and suggested that reaching out to these elected officials could be effective. He explained that sheriffs, working through the Massachusetts Sheriffs' Association, are working with several groups, including the district attorneys.

Regarding sex offenders, Cousins expressed frustration, specifically in cases involving over enforcement and the associated risks of stigma concerning sex offender registration. Cousins was also very frank in stating that in other cases he finds it hard to strike a balance, and does not have many answers on how to deal with and treat sex offenders.

Cousins was appointed Sheriff of Essex County in 1996 by Governor Weld. He has been re-elected twice since then, most recently in 2004. Prior to this office, Cousins served four years as a State Representative, four years as Newburyport City Councilor, and has a background in retail management and owned an auto dealership. Cousins holds a bachelor's degree in Human Services and a master's degree in Criminal Justice, both from Springfield College.