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CJPC November Newsletter
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Vol II Issue 8 November 2005
563 Massachusetts Ave., Boston, MA 02118
www.cjpc.org / email:[email protected]
 
in this issue
  • Save the Date! Upcoming Events

  • At the Center of Massachusetts County Corrections: Sheriffs and Their Departments

  • Quick Facts About County Prisoners

  • CORI 101 and CORI Reform News

  • An Overview of Massachusetts District Attorneys

  • Dear Friends,

    In July 2005, CJPC launched its County Corrections Project in order to research, analyze, and disseminate relevant information on corrections activities at the county level. We believe this project is crucial to understanding Massachusetts corrections and to achieving a more just, humane, and effective system. More people are incarcerated in county facilities, overseen by sheriffs, than in state prisons.

    This issue contains two informative pieces on corrections. The first provides background on each county and its sheriff’s department. “Quick Facts About County Prisoners” offers a profile of the typical county prisoner, his needs, and his challenges. These articles illuminate the breadth of county corrections and the complexity of the issues at hand. Understanding county corrections is a challenge; visit www.cjpc.org regularly for updates on this project.

    This issue also contains an article on the state’s district attorneys. We hope that this piece, along with the article on the sheriffs’ departments, will be a valuable reference. And don’t miss the update on another ongoing concern, CORI reform, on the back page.

    Many thanks for your continued support,

    Kate Watkins


    Save the Date! Upcoming Events

    November 18th, 2005, 7pm
    Givers to the Community: A Benefit for the Union of Minority Neighborhoods

    Special Guest: Rev. Dr. James Orange, Civil Rights hero, former staffer to Martin Luther King Jr. and current labor leader.

    CJPC supporter Tony Winsor, husband of CJPC founder, Ros Winsor, will be honored, with Boston City Councilor Chuck Turner and young activist Mariama White-Hammond!

    More info, tickets, ads: 617-541-4111

    November 22, 2005 Hearing date

    Among others, S. 929, An Act Relative to Drug Mandatory Minimum Sentences, will be heard at the State House at 1 p.m., room T.B.A. It would allow offenders serving mandatory minimum sentences to be eligible for parole after serving two-thirds of the sentence, taking into account mitigating circumstances, rehabilitation efforts and saving the Commonwealth money. More info: 508-982-2247.

    Stay on top of upcoming events and important legislative developments: sign up for the CJPC list-serve at www.cjpc.org.

    At the Center of Massachusetts County Corrections: Sheriffs and Their Departments

    By Patrice Brymner

    There are fourteen county-elected sheriffs in Massachusetts, responsible primarily for operating county correctional facilities. Sheriffs are among a small group of officials elected at the county level, and they operate under an unusual combination of voter accountability and autonomy.

    Nearly all sheriffs—thirteen of the fourteen—operate correctional facilities.1 The combined population of these facilities, about 12,000, is greater than the entire population of the state prison system, about 10,000. County facilities house men and women as prisoners awaiting trial and as convicted prisoners serving sentences of up to 2 ½ years.

    Throughout New England, county governments do not exist in the same manner as they do in most other states. In Massachusetts, county governance, or lack thereof, varies from county to county. Some counties maintain select functions, such as registries of deeds. Barnstable County has adopted a Home Rule Charter and maintains county-level governance that exceeds other counties.2 In contrast, eight county governments have been officially abolished: Berkshire, Essex, Franklin, Hampden, Hampshire, Middlesex, Worcester, and Suffolk.3

    All fourteen counties elect sheriffs and maintain sheriff’s departments funded through the state budget and, in some cases, through county-generated funding.4 Total funding to sheriffs in FY05 was about $450 million, compared with about $700 million in funding for state prisons. Statewide, county corrections spending averages about $35,000 per prisoner each year; state prisons average about $44,000 per prisoner each year.

    Sheriffs are elected to six-year terms, and as elected officials, are accountable in ways that other corrections officials are not. Unlike the Department of Correction, which operates state prisons under an appointed commissioner, sheriffs must answer to voters and respond to challengers every six years. At the same time, sheriffs are also independent managers, not subject to direct oversight by any state agency or official, and traditionally, each department has enjoyed considerable autonomy. This freedom has allowed some sheriffs to pursue significant innovation, while others (none current) have veered toward corruption and left office amidst scandal, eventually finding themselves in prison.5

    What Sheriffs Do

    Sheriffs are responsible for some law enforcement as well as certain civil functions, including the service of eviction notices and subpoenas. In all but Nantucket County, each sheriff’s primary responsibility is the operation of jails and houses of correction. Sheriffs are responsible for the hiring and training of personnel, the negotiation of union contracts, the establishment and enforcement of policies and procedures, as well as all programming offered to prisoners.

    The daily functions of the fourteen sheriffs’ departments vary, depending on a given department’s programs and facilities. Some sheriffs’ departments maintain law enforcement divisions, assisting local law enforcement agencies; some maintain investigation or intelligence divisions; and many participate in various community education and safety programs. The Bristol, Hampden, and Suffolk sheriffs’ departments operate facilities for women serving county sentences (up to 2 ½ years).

    Some departments also operate very specialized programs or facilities. Bristol County’s Juvenile Alternative Lock-Up is a juvenile-specific holding facility serving local law enforcement agencies that do not have juvenile-appropriate facilities. Essex County’s Women in Transition Center is a facility for women nearing completion of state prison sentences at MCI-Framingham as they prepare to re-enter community life. Two departments, Middlesex and Hampden, recently received $2.6 million to fund regional behavioral evaluation and stabilization units, providing forensic mental health services to prisoners. The Hampden facility serves prisoners from Berkshire, Franklin, Hampden, Hampshire, and Worcester Counties; and the Middlesex unit serves prisoners from Barnstable, Bristol, Dukes, Essex, Nantucket, Middlesex, Norfolk, Plymouth, and Suffolk Counties. One stated goal for the new units is to alleviate the county prisoner caseload at Bridgewater State Hospital.

    Sheriffs’ departments in all counties but Nantucket and Plymouth participate to some degree in Community Corrections programs.6 Community Corrections Centers operate as a partnership among sheriffs, probation and parole officials, and the Massachusetts Office of Community Corrections, which received $12,109,135 in funding in the FY05 state budget. The centers offer drug testing, day reporting for non-incarcerated offenders as an alternative to prison, electronic monitoring, and in some cases, substance abuse treatment. Most participating offenders are supervised by the Board of Parole or by a probation department, but others are supervised by a sheriff’s department or, in a few cases, the Department of Youth Services. Some sheriffs’ departments, such as Essex, Hampshire, Suffolk, and Worcester, have relatively high supervision rates, while others, such as Bristol and Middlesex, supervise very few offenders.7

    As a group, the fourteen sheriffs make up the membership of the Massachusetts Sheriffs’ Association (MSA). MSA has operated as a voluntary association for several years, and is currently seeking greater legislative recognition for its efforts.8 MSA is a state-funded agency, staffed by an executive director, and led by a president elected from its membership. The association’s current president is Sheriff James M. Cummings of Barnstable County. MSA’s budget for FY06 is $344,300. The legislature approved this funding to coordinate and standardize services and programs, to collect and analyze data on incarceration and recidivism, and to provide technical assistance and training to ensure standardization in organization, operations, and procedures.

    The Sheriffs and their Departments

    The Commonwealth’s current sheriffs are a fairly diverse group, with backgrounds in education, social work, law enforcement, military service, and law. Some have held other public office, some have worked in business, and some have been elected from within the sheriff’s department they now manage.

    • Five sheriffs are Republicans, eight are Democrats, and one is registered as Democrat/Republican/GreenRainbow (Sheriff Bretschneider of Nantucket).
    • At least seven sheriffs have backgrounds in law enforcement: two were state troopers, three worked in municipal police departments, one was a probation officer, and one was a corrections officer.
    • At least eight sheriffs have military backgrounds; at least two have worked as educators; one has a background in social work; and two current sheriffs are attorneys.
    • Five sheriffs have held other elected offices: two have been state representatives, one was a state senator, one was a county commissioner, and one was elected as both a state representative and a city councilor.
    • At least ten of the fourteen sheriffs hold college degrees; at least seven hold graduate degrees.
    • Twelve of the sheriffs are white, and two are African-American (Cousins of Essex and Cabral of Suffolk).
    • One of the fourteen sheriffs is female (Cabral of Suffolk).
    • Half of the state’s fourteen sheriffs have been in office less than ten years. Long-time sheriffs, in office more than ten years, are found exclusively in the western part of the state: Sheriff Michael J. Ashe of Hampden County (since 1974), Sheriff Carmen Massimiano of Berkshire County (since 1978), Sheriff Robert Garvey of Hampshire County (since 1984), and Sheriff Frederick MacDonald of Franklin County (since 1992). All sheriffs east of and including Worcester County came to office within the last ten years, and seven entered office since 1998.

    What follows is a brief description of each county’s sheriff and department, including the sheriff’s background, the department’s budget, and the corrections population.9 Also included are notes on some special programs or facilities. These descriptions are not comprehensive and are meant to illustrate the range of services and programs offered by some departments and differences among departments.

    Barnstable County. Sheriff James M. Cummings (R) is a native of South Boston and was first elected in 1998. Prior to becoming sheriff, Cummings was a detective with the Massachusetts State Police, investigating organized crime, and served as a court-qualified expert on organized crime/gaming, narcotics, and arson. Sheriff Cummings holds a bachelor’s degree in Law Enforcement from Northeastern University and a master’s degree in Criminal Justice from Anna Maria College. Cummings served in the U.S. Navy.

    The Barnstable Sheriff’s Department’s FY05 budget was $19,875,908, with an estimated daily corrections population of 312, for annual per prisoner spending of approximately $63,705. This department receives funding through the state budget as well as from county generated revenue.

    Cummings’s department administers a sex offender warrant program, supporting the Cape Cod regional sex offender management task force by providing address verification and maintenance of a regional sex offender database for local law enforcement. Cummings’s department also operates youth programs, including a “Youth Academy” offered three times each year in partnership with local law enforcement, educators, and treatment facilities. The department has special programs aimed at preventing crime against seniors. Currently, the Barnstable Sheriff’s Department is involved in Operation Helping Hand, assisting evacuees from New Orleans. For more information on the Barnstable County Sheriff’s Department, see www.bsheriff.net.

    Berkshire County. Sheriff Carmen C. Massimiano, Jr. (D) is a native of Pittsfield and was first elected in 1978. Before becoming sheriff, Massimiano was chief probation officer of Berkshire Superior Court. He holds a bachelor’s degree in Sociology from St. Anselm’s College, a master’s degree in Criminal Justice Administration from American International College, and an honorary law degree from North Adams State College.

    The Berkshire County Sheriff’s Department’s FY05 budget was $12,842,33, with an estimated daily corrections population of 338, for annual per prisoner spending of approximately $37,995. This department receives funding through the state budget.

    Massimiano’s department operates a communications center in Pittsfield, providing emergency and non-emergency communications for police, fire, and ambulance service to twenty-three cities and towns. The department also oversees a juvenile resource center and maintains an underwater search and rescue team.

    Bristol County. Sheriff Thomas M. Hodgson (R) was appointed sheriff in 1997 by then-Governor William Weld. Prior to his appointment, Hodgson was assistant deputy superintendent of investigations for the Bristol County Sheriff’s Office. He also served five years as councilor-at-large on the New Bedford City Council and was a police officer in Maryland.

    The Bristol County Sheriff’s Department’s FY05 budget was $40,622,636, with an estimated daily corrections population of 1,202, for annual per prisoner spending of approximately $33,796. This department receives funding through the state budget.

    Hodgson’s department is one of three in the state to operate a county-level women’s correctional facility. The department also maintains a law enforcement division, including K-9 and marine units, and operates a juvenile alternative lock-up facility, serving local law enforcement agencies. The department also participates in community safety programs for children and seniors. For more information on the Bristol County Sheriff’s Department, go to www.bcso-ma.us.

    Dukes County. Sheriff Michael A. McCormack (D) was first elected in 2004. McCormack worked for 12 years in the sheriff’s department prior to his election, and was an Oaks Bluff police officer prior to joining the sheriff’s department. He has served on the personnel boards of several towns on Martha’s Vineyard.

    The Dukes County Sheriff’s Department’s FY05 budget was $2,743,050, with an estimated daily corrections population of 26, for annual per prisoner spending of approximately $105,502. This department receives funding through the state budget, as well as from county generated revenue.

    McCormack’s department has partnered with local agencies to introduce a “3-1-1” telephone service for urgent, non-emergency (non-9-1-1) matters. The new number is not yet in operation. The department also participates in a local drug task force and an anti-litter campaign. For more information on the Dukes County Sheriff’s Department, go to www.dukescounty.org/ and link to “County Services.”

    Essex County. Sheriff Frank Cousins, Jr. (R) is a native of Newburyport and was appointed in 1996, and first elected in 1998. Before becoming sheriff, Cousins served as a state representative (1st Essex) and Newburyport city councilor. Cousins holds a bachelor’s degree in Human Services and a master’s degree in Criminal Justice.

    The Essex County Sheriff’s Department’s FY05 budget was $39,701,005, with an estimated daily corrections population of 1,443, for annual per prisoner spending of approximately $27,513. This department receives funding through the state budget.

    Cousins’s department operates the Women in Transition Center, the only facility of its kind in Massachusetts, serving women nearing the end of their state sentences at MCI-Framingham. Most of the women are preparing to return to community life in Essex County. For more information on the Essex County Sheriff’s Department, go to www.eccf.com/

    Franklin County. Sheriff Frederick B. Macdonald (D) was first elected sheriff in 1992. Macdonald had retired as a lieutenant after twenty-four years with Massachusetts State Police. He is a graduate of Quinsigamond Community College and attended Clark University and Boston College while with the State Police.

    The Franklin County Sheriff’s Department’s FY05 budget was $6,136,081, with an estimated daily corrections population of 178, for annual per prisoner spending of approximately $34,472. This department receives funding through the state budget. For more information on the Franklin County Sheriff’s Department, go to www.fcso-ma.com.

    Hampden County. Sheriff Michael J. Ashe, Jr. (D) was first elected in 1974. Prior to becoming sheriff, Ashe and his wife were the first house parents for the Downey Side Home for Youths. Ashe holds a bachelor’s degree from St. Anselm’s College and a master’s degree in Social Work from Boston College.

    The Hampden County Sheriff’s Department’s FY05 budget was $53,943,889, with an estimated daily corrections population of 1,861, for annual per prisoner spending of approximately $28,987. This department receives funding through the state budget.

    Ashe’s department operates the Hampden County Pre-Release Minimum Center, a residential facility, whose stated goal “successful reintegration back into the community.” The program serves men and women, and a total of about 850 prisoners each year. The department also operates the Western Massachusetts Correctional Alcohol Center, a minimum security, co-ed, community-based, residential treatment facility, providing treatment to addicted prisoners from Berkshire, Franklin, Hampden, Hampshire, and Worcester Counties. Ashe’s department also runs a Community Safety Center, in downtown Springfield, which houses the department’s community corrections programs, including Hampden County’s After Incarceration Support Systems. For more information on the Hampden County Sheriff’s Department, go to: www.hcsdmass.org.

    Hampshire County. Hampshire County Sheriff Robert J. Garvey (D) is a native of Amherst. He was appointed sheriff in 1984 and first elected in 1986. Prior to becoming sheriff, Garvey taught school, served as a town selectman in Amherst, and as Hampshire County Commissioner. Sheriff Garvey holds a bachelor’s degree in Physical Sciences from Springfield College and a master’s degree in Education from UMass-Amherst. Since being sheriff, Garvey has taught Sociology at UMass-Amherst and Criminal Justice at Holyoke Community College and Anna Maria College.

    The Hampshire County Sheriff’s Department’s FY05 budget was $10,430,689, with an estimated daily corrections population of 272, for annual per prisoner spending of approximately $38,348. This department receives funding through the state budget. Members of the Hampshire sheriff’s department participate in the national radKIDS program, educating children ages five through ten in the county about personal safety. For more information on the Hampshire County Sheriff’s Department, go to www.hampshiresheriffs.com/.

    Middlesex County. Sheriff James V. DiPaola (D) was first elected in 1996 in a special election to complete the last two years of the former sheriff’s term. Prior to being elected sheriff, DiPaola served two terms as a state representative (36th Middlesex - Malden), and before that he was an officer with the Malden Police Department. DiPaola has served over twenty-five years in the military reserves (branch of service not stated).

    The Middlesex County Sheriff’s Department’s FY05 budget was $48,620,821, with an estimated daily corrections population of 1,159, for annual per prisoner spending of approximately $41,951. This department receives funding through the state budget.

    DiPaola’s department sponsors a Youth Public Safety Academy each summer; provides K-9 searches for schools in partnership with the Middlesex County District Attorney’s office and local police as part of a zero drug-tolerance effort; runs a “Strike Two” program, which gives tours of the Billerica HOC for “at-risk” students or interested community groups; and operates a Victim Services Unit from the Billerica facility, offering post-conviction information and support services to crime victims. More information on the Middlesex County Sheriff’s Department, is at middlesexsheriff.org/.

    Nantucket County. Sheriff Richard M. Bretschneider (D/R/Green-Rainbow) was first elected sheriff in 1998. Before becoming sheriff, Bretschneider worked as a police officer. He holds a bachelor’s degree in Criminal Justice.

    The Nantucket County Sheriff’s Department’s FY05 budget was $858,298, with no corrections population. This department receives funding through the state budget, as well as from county generated revenue.

    Bretschneider’s Department serves court process, transports prisoners, handles evictions, coordinates certain state programs, and is responsible for prisoners after court sentencing, but does not maintain a correctional facility. For more information on the Nantucket County Sheriff’s Department, go to www.nantucket-ma.gov/departments/sheriff.html .

    Norfolk County. Norfolk County Sheriff Michael G. Bellotti (D) is a native of Quincy and was first elected sheriff in 1998. Before becoming sheriff, Bellotti served three terms as a state representative (1st Norfolk - Quincy and Randolph). Prior to that, Bellotti was a sales and marketing representative and owned a small business on the south shore. Bellotti holds a bachelor’s degree from Boston College.

    The Norfolk County Sheriff’s Department’s FY05 budget was $27,272,812, with an estimated daily corrections population of 552, for annual per prisoner spending of approximately $49,407. This department receives funding through the state budget, as well as from county generated revenue.

    Bellotti’s Department operates or participates in several community based programs, including: DARE; a jail tours program; a school essay program; and programs aimed at senior citizen safety and well-being, including a “Are You O.K.?” and “File for Life.” The department also maintains a K-9 unit. The department’s victim assistance program includes a Cells For Safety Program, providing free cell phones for 9-1-1 service, in partnership with local police. For more information on the Norfolk County Sheriff’s Department, go to www.norfolksheriff.com/.

    Plymouth County. Sheriff Joseph D. McDonald (R) was elected sheriff in 2004. McDonald had previously worked for eight years as an assistant district attorney for Plymouth County. McDonald holds a bachelor’s degree from the University if Massachusetts, and a law degree from Suffolk University Law School. McDonald has taught criminal justice and history at Quincy College in Plymouth.

    The Plymouth County Sheriff’s Department’ FY05 budget was $49,949,398, with an estimated daily corrections population of 1,570, for annual per prisoner spending of approximately $31,815. This department receives funding through the state budget, as well as from county generated revenue.

    McDonald’s department operates the largest correctional facility under one roof in New England and is one of the largest employers in Plymouth County. This department runs a secure juvenile facility and operates a Field Services Division, supporting local law enforcement with K-9, warrant apprehension, mounted, motorcycle, and honor guard units, as well as a criminal bureau of investigation. The department’s Communications Unit coordinates all fire mutual aid calls in Plymouth county, acts as the communications link between paramedics and hospitals, and provides communications services for major events. For more information on the Plymouth County Sheriff’s Department, go to www.pcsdma.org/.

    Suffolk County. Sheriff Andrea Cabral (D) was elected sheriff in 2004. Before her election, Cabral worked as an attorney for the Suffolk County Sheriff’s Department and for the Suffolk County District Attorney’s Office. Cabral is a graduate of Boston College and holds a law degree from Suffolk University Law School. Cabral was the first female sheriff in the Commonwealth.

    The Suffolk County Sheriff’s Department’ FY05 budget was $100,244,966, with an estimated daily corrections population of 2,419, for annual per prisoner spending of approximately $41,441. This department receives funding through the state budget as well as from county generated revenue.

    Cabral’s Department operates a Legal Services Division, providing counsel and representation, in selected cases, regarding the right to a bail appeal. This division also provides legal research upon request by prisoners remaining in custody during trial, and handles commitments to Bridgewater State Hospital for 30-day psychiatric evaluation. The sheriff’s department participates in prisoner re-entry programs, including the Boston Reentry Initiative, in partnership with the Boston Police Department; the Offender entry Program (ORP), facilitated by the Suffolk County Community Corrections Division; and Community Re-entry for Women (CREW), in partnership with local human service providers. The sheriff's department also works with the Department of Revenue to educate prisoners about child support obligations, and an enforcement function will be implemented in the future to garnish prisoner funds for payment of child support. For more information on the Suffolk County Sheriff’s Department, go to www.scsdma.org/.

    Worcester County. Worcester County Sheriff Guy Glodis (D) was first elected sheriff in 2004. Before becoming sheriff, Glodis served as a state senator and worked as a corrections officer. He holds a bachelor’s degree in Political Science and has done some graduate studies in public policy.

    The Worcester County Sheriff’s Department’s FY05 budget was $38,034,321, with an estimated daily corrections population of 1,316, for annual per prisoner spending of approximately $28,901. This department receives funding through the state budget. For more information on the Worcester County Sheriff’s Department, go to www.worcestercountysheriff.com/.


    CJPC encourages readers to learn more about their sheriffs’ departments and departments throughout the state by visiting our County Corrections Project (updated frequently) and by contacting sheriff’s departments directly.

    CJPC is grateful to the Massachusetts Sheriffs’ Association and the following sheriffs and their departments for their cooperation in our research: Sheriff Michael J. Ashe of Hampden County, Sheriff Frank Cousins of Essex County, Sheriff James M. Cummings of Barnstable County, Sheriff Robert J. Garvey of Hampshire County, and Sheriff Carmen C. Massimiano of Berkshire County.

    FOOTNOTES

    1 Nantucket County does not maintain a correctional facility.
    2 See the Barnstable County home page, www.barnstablecounty.org.
    3 For more information on counties, their functions and/or abolition, see the League of Women Voters, “Massachusetts Government: County Government,” (Boston: LWVMA), http://lwvma.org/govcounty.shtml, and see Secretary of the Commonwealth, Citizen Information Service, “Historical Data Relating to the Incorporation of and Abolishment of Counties in the Commonwealth of Massachusetts,” (Boston: Secretary of the Commonwealth),www.sec.state.ma.us/cis/cisctlist/ctlistcounin.htm
    4 Counties that have not abolished their governments combine state funding with county-generated tax revenue. Sheriff’s departments in abolished counties are funded entirely through the state budget. Although officially abolished, Suffolk County receives county-generated funding.
    5 In 1994, John McGonigle, former Sheriff of Middlesex County, was convicted and sentenced to nearly five years in federal prison for extorting money from his deputies; in 1996, Charles Reardon, former Sheriff of Essex County, was indicted and pled guilty to corruption charges.
    6 See the Massachusetts Office of Community Corrections pages, www.mass.gov/courts/admin/communitycorrections.html.
    7 Massachusetts Office of Community Corrections, Utilization of Community Corrections Centers Statistical Report, FY 2004 (Boston: Massachusetts Office of Community Corrections, 2005), www.mass.gov/courts/admin/occ/statreport2004.pdf.
    8 For more information on MSA’s legislative agenda, go to the CJPC County Corrections Project: http://www.cjpc.org/RelatedLegislation.htm.
    9 For detailed information on budgets, corrections populations, and other specifics, please go to www.cjpc.org/and link to the County Corrections Project pages.

    Quick Facts About County Prisoners

    County corrections can be a meaningful point of intervention and rehabilitation, and the policies and programming of our jails and houses of correction can play a significant role in whether a prisoner ultimately reintegrates successfully into the community or re-offends after release. A consideration of such programming should recognize the challenges that prisoners bring with them to facilities. County prisoners come to correctional facilities with barriers to successful intervention, rehabilitation, and re-integration in place: they are mostly undereducated, underemployable, and have active substance abuse problems.

    Some may view these obstacles as the prisoner’s personal failures, while others may see them as societal failures, or both. Either way, these factors are a reality and must be addressed. Some sheriffs, including Sheriff Michael J. Ashe of Hampden County, recognize these factors and have worked to develop effective programming that can make the most of the short sentences served in county facilities. Ashe’s goal is to “hopefully lessen the weight of the baggage that inmates come in with.”

    Below is a brief description of the “typical” county prisoner, as provided by the Hampden County Sheriff’s Department. Of course, while most county prisoners may fit this profile, this list does not describe every prisoner.

    A typical county prisoner in Massachusetts:

    • Is male and in his 20s;
    • does not own a car;
    • dropped out of school between 9th and 10th grades and reads at a fifth-grade level;
    • has a substance abuse problem;1
    • has never been married;
    • has no appreciable continued employment record and no skilled employment history; and
    • has never lived a full year in a home with a middle-class income.

    Statewide, a little over half of county prisoners are white. In urban areas, at least two-thirds of county prisoners are Latino and African-American.

    Based on information provided by the Hampden County Sheriff’s Department and the Massachusetts Department of Correction, Research and Planning Division, New Court Commitments to Massachusetts County Correctional Facilities During 2003, (Boston: Massachusetts DOC, June 2004).

    FOOTNOTES

    1 According to Rich McCarthy of the Hampden Sheriff’s Department, substance abuse treatment is determinative; without successful treatment, other programs addressing education, anger management, and job skills, etc., are almost meaningless if a prisoner’s underlying drug or alcohol problem is not treated.

    CORI 101 and CORI Reform News

    CORI 101

    • CORI stands for Criminal Offender Record Information

    • CORI is kept by the state in the Probation Central File. CORI data is presided over by the Criminal History Systems Board (CHSB), 200 Arlington Street, Chelsea, MA 02150 (617-660-4600), www.mass.gov.ch sb.

    • 2 million people in Massachusetts have CORI.
    • 1.5 Million CORI Reports are produced each year.
    • CORI Reports are difficult to read and understand. Power holders may conclude that a person is a “criminal” based on an arrest or trial that did not yield a conviction.
    • CORI subjects, including those who were not convicted or have “paid their debt to society,” are often kept from employment, housing, insurance, loans, and entrance to college and from becoming guardians or foster parents.
    • CORI is often inaccurate, in part, due to its name/date-of-birth-based identifying system.

    Sources: Ernest J. Winsor, Esq., CORI Reader (Boston: Mass. Law Reform Institute, 2005), www.mlri.org/uploads/152/CORI_Reader- 3rev1.pdf Union of Minority Neighborhoods, “Massachusetts Alliance to Reform CORI,” www.unionofminorityneighborhoods.org/cori.h tm

    Grassroots Organizing Creates CORI Reform Victories!

    10/5/05 The Boston City Council unanimously passed a CORI Ordinance that requires any employer who has a contract with the city to make their CORI hiring practices public. It also requires that the City of Boston no longer contract with employers that do not have fair CORI hiring practices.

    10/24/05 The Cambridge City Council unanimously passed a CORI Ordinance similar to the Boston Ordinance.

    CJPC is a member organization of MARC, the Massachusetts Alliance to Reform CORI. MARC is the grassroots force working to reform CORI. There are lots of ways to get involved in the fight make Massachusetts CORI laws more fair, effective and humane. We need YOU to win. For more information or to get involved please contact us at 508-982-2247 or [email protected].

    An Overview of Massachusetts District Attorneys

    Like sheriffs, district attorneys are among a few county-elected officials. And like sheriffs, because district attorneys are elected, they are accountable in ways that other criminal justice and corrections officials are not. Because they do not answer directly to any state agency, they also enjoy a great deal of autonomy. For more information on Massachusetts county government, see article “At the Center of Massachusetts County Corrections: Sheriffs and Their Departments” in this issue.1

    The Districts and Elections
    There are eleven district attorneys in Massachusetts and eleven jurisdictional and electoral districts. In most cases, the districts are equivalent to counties, but not all districts use county names. For electoral purposes, the Secretary of the Commonwealth uses the following designations in the following counties:

    Berkshire District --  Berkshire County
    Bristol District -- Bristol County
    Cape & Islands District -- Barnstable, Dukes, and Nantucket Counties
    Eastern District -- Essex County
    Hampden District -- Hampden County
    Middle District  -- Worcester County (roughly)
    Norfolk District  -- Norfolk County (roughly)
    Northern District  -- Middlesex County
    Northeastern District  -- Hampshire and Franklin Counties
    Plymouth District  -- Plymouth County
    Suffolk District  -- Suffolk County

    Four jurisdictional districts vary from county boundaries. Two are multi-county districts: the Cape and Islands District covers Barnstable, Dukes and Nantucket Counties; and the Northeastern District covers Hampshire and Franklin Counties. The Northeastern district also includes the town of Athol (Worcester County). Two other districts cover cities and towns differing slightly from their county boundaries. The Middle District includes Worcester County, but excludes the town of Athol and includes the town of Bellingham. The Norfolk District includes all of Norfolk County except the town of Bellingham.

    District attorneys are elected to four-year terms. The last election was in 2002, in which seven district attorneys ran unopposed: Jonathan W. Blodgett (Eastern District); Elizabeth D. Scheibel (Northwestern District); Martha Coakley (Northern District); Paul F. Walsh, Jr. (Bristol District); William R. Keating (Norfolk District); Gerard D. Downing (Berkshire District); and William M. Bennett (Hampden District). The next election will be in 2006.

    What District Attorneys Do

    In general terms, district attorneys are responsible for prosecuting crimes on behalf of the Commonwealth. The offices work with Massachusetts State Police investigators and local police to develop and try cases. District attorneys are also responsible for responding to criminal appeals and other post-conviction matters.

    Each district attorney’s office maintains it own Victim/Witness Assistance Program to assist crime victims and witnesses during prosecution. Witnesses and victims can also seek assistance through the Massachusetts Office of Victim Assistance, an independent state agency, and through some sheriffs’ offices, including those in Barnstable, Middlesex, Essex and Norfolk Counties. More information on victim assistance programs is available at www.mass.gov/mova. Many district attorneys also state a commitment to crime prevention and public education. Some work within schools and in the community regarding specific issues such as substance abuse, child abuse, domestic violence, and consumer protection. More information about a given districts priorities should be sought from that district’s office. According to the Massachusetts District Attorneys Association (MDAA), collectively, the eleven offices prosecute approximately 300,000 cases each year, and statewide, the eleven offices have a combined staff of over 1,600 employees, including 700 prosecutors and nearly 300 victim-witness advocates.

    As a group, the eleven district attorneys are represented by the MDAA, an independent state agency with a historically strong lobbying presence on Beacon Hill. According to the MDAA, the association “provides information on budgetary, criminal justice and public safety issues to the executive and legislative branches.” The MDAA also supports the district attorneys' offices by managing statewide information technology services, administering grants, and by producing publications for prosecutors and advocates. For more information on the MDAA, go to www.mass.gov/mdaa.

    Funding the Districts

    The eleven offices combined received $76,264,454 in state funding for FY06, plus another $3,688,324 for overtime costs for state police assigned to district attorneys. All district attorneys receive a salary set by the legislature at $117,499, and assistant district attorneys must be paid at least $35,000 a year by law. Funding has increased only slightly for state police overtime from $3,606,273 in FY01. Most offices have seen increased funding over the last five years, but four offices—Bristol, Worcester, Essex, and Suffolk—have actually lost some funding since 2001.

    For FY06, the MDAA received $1,750,056 in the state budget, up from $1,425,312 since FY01. The FY06 budget funded other prosecution and investigation costs, including $450,000 to UMass Medical School for narcotic drug, poison, and other chemical testing, and $1,344,453 “for the costs associated with maintaining the association's wide area network.” This brings total budget expenditures to district attorneys offices and related services to $83,497,287 for FY06, compared with $80,179,473 for FY01.

    Who the District Attorneys Are

    The longest-sitting district attorney is John J. Conte of Worcester County, first elected in 1976, followed by Paul F. Walsh of Bristol County, who has been in office since 1990. All others were elected within the last 12 years, and two, Michael O'Keefe of the Cape & Islands District and John W. Blodgett of Essex County, were elected in 2002 and are currently serving their first terms. Some district attorneys first came to office by appointment, usually due to the resignation of a serving district attorney.

    Of the eleven district attorneys, nine are Democrats and three are Republicans. There are two female district attorneys: Martha Coakley of the Northern District (Middlesex County) and Elizabeth Scheibel of the Northeastern District (Hampshire & Franklin Counties). All eleven district attorneys are white. The following is a brief district-by-district showing of each district’s current district attorney, jurisdiction, FY06 budget, and web contact information, where available.

    Berkshire District/Berkshire County. Attorney David F. Capeless (D) was appointed in March 2004, and first elected in a November 2004 special election.

    The Berkshire office received $2,944,751 in the state budget for FY06, plus $126,739 for state police overtime, for a total of $3,071,490.

    Bristol District/Bristol County. District Attorney Paul F. Walsh (D) was first elected in 1990 and re-elected most recently in 2002.

    The Bristol office received $6,203,381 in the state budget for FY06, plus $318,380 for state police overtime, for a total of $6,521,761.

    For more information on the Bristol District Attorney’s Office, go to www.bristolda.com/.

    Cape & Islands District/Barnstable, Dukes & Nantucket Counties. District Attorney Michael O'Keefe (R) was first elected in 2002.

    The Cape & Islands office received $3,200,380 in the state budget for FY06, plus $271,954 for state police overtime, for a total of $3,472,334.

    For more information on this office, go to www.mass.gov/da/cape. Eastern District/Essex County. District Attorney John W. Blodgett (D) was first elected in 2002. The Essex office received $6,781,556 in the state budget for FY06, plus $447,132 for state police overtime, for a total of $7,228,688.

    For more information on the Essex District Attorney’s Office, go to www.mass.gov/da/essex.

    Hampden District/Hampden County. District Attorney William Bennett (D) was first elected in 1990 and re-elected most recently in 2002.

    The Hampden office received $6,672,786 in the state budget for FY06, plus $322,619 for state police overtime, for a total of $6,995,405.

    Middle District/Worcester County, excluding Athol and including the town of Bellingham. District Attorney John J. Conte (D) was first appointed in 1976 and re-elected most recently in 2002.

    The Worcester office received $7,220,929 in the state budget for FY06, plus $393,480 for state police overtime, for a total of $7,614,409.

    For more information on the Worcester District Attorney’s Office, go to www.worcesterda.com.

    Norfolk District/Norfolk County, excluding Bellingham. District Attorney William R. Keating (D) was first elected in 1998 and was re-elected most recently in 2002.

    The Norfolk office received $7,312,181 in the state budget for FY06, plus $416,910 for state police overtime, for a total of $7,729,091.

    For more information on the Norfolk District Attorney’s Office, go to www.mass.gov/da/norfolk.

    Northern District/Middlesex County. District Attorney Martha Coakley (D) was first elected in 1998 and was re-elected most recently in 2002. The Middlesex office received $11,189,824 in the state budget for FY06, plus $478,682 for state police overtime, for a total of $11,668,506.

    For more information on the Middlesex District Attorney’s Office, go to www.middlesexda.com/.

    Northeastern District/Hampshire & Franklin Counties and the town of Athol. District Attorney Elizabeth D. Scheibel (R) was first appointed in 1993 and elected most recently in 2002.

    The Hampshire/Franklin office received $4,391,858 in the state budget for FY06, plus $226,191 for state police overtime, for a total of $4,618,049.

    Plymouth District/Plymouth County. District Attorney Timothy J. Cruz (R) was appointed in 2001 and elected in 2002.

    The Plymouth office received $6,034,575 in the state budget for FY06, plus $340,554 for state police overtime, for a total of $6,375,129.

    For more information on the Plymouth District Attorney’s Office, go to www.mass.gov/da/plymouth.

    Suffolk District/Suffolk County. District Attorney Daniel F. Conley (D) was appointed in January 2002 and elected in November 2002.

    The Suffolk office received $14,312,233 in the state budget for FY06, plus $345,683 for state police overtime, for a total of $14,657,916.

    For more information on the Suffolk District Attorney’s Office, go to www.mass.gov/da/suffolk.;

    FOOTNOTES

    1 For more information on the fourteen counties, their populations, and demographics, please visit CJPC’s County Corrections Project web pages at www.cjpc.org/WhatsNew.htm.


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