Criminal Justice Policy Coalition
Progressive Criminal Justice with Sensible Public Safety
(Text of a speech by Sheriff Michael J. Ashe, Jr., Hampden County, given September 20, 2004)
FIRST OF ALL, I WANT TO THANK THE CRIMINAL JUSTICE POLICY COALITION FOR INVITING ME TO SHARE WITH YOU TODAY. CERTAINLY TODAY'S CONFERENCE IS RIGHT AT THE HEART OF THE CRIMINAL JUSTICE POLICY COALITION'S MISSION OF EXPANDING PUBLIC DISCOURSE ON CRIMINAL JUSTICE; PROMOTING DIALOGUE AND COOPERATION; AND BUILDING SUPPORT FOR POLICIES THAT BETTER PROTECT OUR CITIZENS.
AS A CRIMINAL JUSTICE PRACTITIONER FOR NEARLY 30 YEARS, I HAVE COME TO BELIEVE THAT JUST AS CRIMINAL JUSTICE THEORY WITHOUT PRACTICE CAN BECOME ESOTERIC, CRIMINAL JUSTICE PRACTICE WITHOUT THEORY CAN BECOME WANTING IN PERSPECTIVE AND VISION.
FOR THOSE OF YOU WHO DON'T KNOW MUCH OR ANYTHING ABOUT HAMPDEN COUNTY - WHICH I HOPE IS NOT MOST OF YOU -, HAMPDEN COUNTY IS LOCATED IN THE GOLDEN WEST OF OUR STATE, BETWEEN WORCESTER AND THE BERKSHIRES. ALTHOUGH THE IMAGE OF WESTERN MASSACHUSETTS MAY BE OF A BUCOLIC REGION TO SOME OF YOU IN THE EAST, OUR COUNTY HAS A POPULATION OF 450,000, AND OVER ONE-HALF OF THAT POPULATION LIVES IN A METROPOLITAN BELT OF THE CITIES OF SPRINGFIELD, HOLYOKE AND CHICOPEE. WE HAVE GANGS; WE HAVE DRUGS; WE HAVE SHOOTINGS.
IN MASSACHUSETTS, AS I'M SURE THAT MANY OF YOU, IF NOT ALL, KNOW, SHERIFFS ARE PRIMARILY CORRECTIONAL ADMINISTRATORS, EACH ADMINISTERING A JAIL AND HOUSE OF CORRECTION IN HIS OR HER COUNTY. FULLY ONE-HALF OF THE INCARCERATED INDIVIDUALS IN MASSACHUSETTS ARE IN THIS COUNTY SYSTEM, EITHER AWAITING TRIAL IN THE JAILS, OR SERVING SENTENCES OF 2 1/2 YEARS OR LESS IN THE HOUSES OF CORRECTION.
I CAME TO THE OFFICE OF SHERIFF THROUGH AN UNUSUAL ROUTE. AFTER GETTING A MASTER'S DEGREE IN SOCIAL WORK FROM BOSTON COLLEGE AND WORKING AS A CASEWORKER FOR THE DIVISION OF CHILD GUARDIANSHIP, MY WIFE BARBARA AND I BECAME THE FIRST HOUSEPARENTS OF A THEN NEW AGENCY CALLED DOWNEYSIDE, WHICH WAS FORMING GROUP HOMES FOR YOUTHS AT RISK. THIS WAS AT A TIME WHEN THE REFORM SCHOOL SYSTEM IN MASSACHUSETTS WAS BEING REPLACED BY AN AS YET TO BE FULLY FORMED SPECTRUM OF SERVICES. IF ANY OF YOU ARE INTERESTED IN THE FOND MEMORIES AND COLORFUL ANECDOTES OF A YOUNG COUPLE WITH YOUNG CHILDREN, HOUSEPARENTING AN OLD VICTORIAN HOUSE IN THE INNER CITY FILLED WITH TEENAGERS AT RISK, PLEASE SEE ME AT LUNCH.
IN 1974, AS A 35 YEAR OLD SOCIAL WORKER/HOUSEPARENT, I DECIDED TO OFFER MYSELF AS A REFORM, (QUOTE) "REHABILITATION" (END QUOTE) CANDIDATE FOR SHERIFF IN A MULTI- CANDIDATE FIELD AND WON. I WAS THE FIRST SHERIFF IN THE HISTORY OF OUR COMMONWEALTH, AND, AS FAR AS WE KNOW, THE COUNTRY, TO BRING THE BACKGROUND OF A MASTER'S IN SOCIAL WORK TO THE OFFICE.
ONE OF MY FIRST ACTS AS SHERIFF WAS TO CONVINCE MY BROTHER JAY, WHO LIKEWISE HAS A MASTER'S DEGREE IN SOCIAL WORK FROM BOSTON COLLEGE, TO JOIN ME IN IMPLEMENTING A REFORM, (QUOTE) "REHABILITATION" (END QUOTE) PHILOSOPHY. JAY HAD BEEN HAPPILY WORKING WITH TROUBLED YOUTH IN CONNECTICUT, AND REALLY DID HAVE TO BE TALKED INTO JOINING ME. AFTER WE WEATHERED THE INITIAL, EXPECTED FIRESTORM OF ACCUSATIONS OF NEPOTISM, JAY AND I BEGAN WHAT IS NOW A NEARLY 30 YEAR PARTNERSHIP TO IMPLEMENT A PROGRESSIVE, INNOVATIVE AGENDA AT THE HAMPDEN COUNTY CORRECTIONAL CENTER.
WE SOON BECAME AWARE OF THE TYPICAL PROFILE OF INMATES IN OUR CUSTODY - A PROFILE THAT HASN'T CHANGED APPRECIABLY IN 30 YEARS. OUR TYPICAL INMATE HAS A SUBSTANCE ABUSE PROBLEM; DROPPED OUT OF SCHOOL BEFORE COMPLETING THE 10TH GRADE; HAS A FIFTH GRADE READING LEVEL; AND HAS NO MARKETABLE SKILLS, OR CONTINUOUS JOB RECORD.
TRAGICALLY, BUT NOT RESIGNEDLY, WE SAW THAT A GOOD NUMBER OF YOUTH WHO FIT THIS PROFILE EMERGE OUT OF OUR SOCIETY, MOST OFTEN FROM POORER, URBAN NEIGHBORHOODS.
ONE FACT THAT I'D ASK YOU TO CONSIDER IS THAT I DON'T RECRUIT INMATES. MEN AND WOMEN ARE BROUGHT TO MY FRONT DOOR IN YOUR NAME, "THE CITIZENS OF THE COMMONWEALTH," IN SHACKLES AND HANDCUFFS. THEY ARE BROUGHT TO MY FRONT DOOR WHEN THEIR FELLOW CITIZENS, THROUGH THE COURTS, HAVE THROWN UP THEIR HANDS AND EFFECTIVELY SAID, "WE DON'T WANT YOU LIVING AMONGST US." THE FAILURE RATE COMING THROUGH MY FRONT DOOR IS 100%. YOU MAY CONSIDER THAT THE FAILURE OF SOCIETY AND ITS INSTITUTIONS'; OR SOME MAY CONSIDER IT A FAILURE OF THE INDIVIDUAL HIMSELF; OR SOME MAY CONSIDER IT A COMBINATION OF SOCIETAL AND PERSONAL RESPONSIBILITY, BUT WHATEVER THE CAUSALITY, IT IS A 100% FAILURE RATE OF AN INDIVIDUAL TO LIVE FREE IN SOCIETY THAT COMES TO MY FRONT DOOR. THE AVERAGE SENTENCE SERVED AT MY FACILITY TO TRY TO TURN AROUND THAT 100% FAILURE RATE IS 235 DAYS, LESS THAN EIGHT MONTHS,
WITH ALL THIS IN MIND, MY BROTHER JAY AND I SET OUT TO IMPLEMENT A PHILOSOPHY WHEREBY OFFENDERS WOULD BE CHALLENGED WITH THE TOOLS AND DIRECTIONS TO BUILD A LAW-ABIDING LIFE. ALONG WITH THIS EMPHASIS ON CORRECTIONAL PROGRAMS, OR "PRODUCTIVE ACTIVITIES" AS WE CALL THEM, ACTIVITIES THAT HOPEFULLY LESSEN THE WEIGHT OF THE BAGGAGE THAT INMATES COME IN WITH, WE ALSO PUT IN PLACE A PHILOSOPHY OF RESPECT FOR THE FULL HUMANITY OF EVERYONE IN OUR CUSTODY. WE DON'T FOSTER OR CONDONE ABUSE OF INMATES BY OTHER INMATES; WE DON'T FOSTER OR CONDONE ABUSE OF INMATES BY STAFF; AND WE DON'T FOSTER OR CONDONE VIOLENCE BY INMATES TOWARD STAFF. RAPE IS NOT PART OF THE CULTURE OF OUR INSTITUTION. ANY INMATE SUSPECTED OF ATTEMPTING RAPE OF ANOTHER INMATE KNOWS THAT WE WILL INVESTIGATE AND PROSECUTE TO THE FULL EXTENT OF THE LAW, JUST AS IF IT HAPPENED OUTSIDE THE FENCES. AND WE SUPPORT THE LAW WHICH STATES THAT ANY SEXUAL CONTACT BY STAFF WITH INMATES IS PROSECUTABLE FOR A PRISON SENTENCE, BECAUSE THERE IS NO SUCH THING AS CONSENSUAL SEX BY STAFF WITH INMATES, DUE TO THE POWER INEQUITIES.
I SHOULD NOTE HERE THAT ANYONE WHO STUDIED WHAT HAPPENED AT ATTICA KNOWS THAT ONE OF THE PROBLEMS IN THE CULTURE THERE WAS THAT THE CORRECTIONAL OFFICERS WERE MOSTLY WHITE, RURAL MEN, AND THE PRISONERS WERE MOSTLY INNER CITY, MINORITY MEN. WE'VE MADE A PRO-ACTIVE EFFORT TO HIRE LATINOS AND AFRICAN-AMERICANS AS CORRECTIONAL OFFICERS. WE ARE ALSO AWARE OF A STUDY THAT SHOWS THAT INSTITUTIONS WITH HIGHER LEVELS OF WOMEN WORKING AS CORRECTIONAL OFFICERS HAVE LESSER LEVELS OF VIOLENCE BY INMATES IN THE INSTITUTION. THIS IS ATTRIBUTABLE TO WOMEN'S SUPERIOR INTERPERSONAL COMMUNICATION SKILLS. AND SINCE WE ASK OUR OFFICERS TO FUNCTION NOT AS "GUARDS", BUT AS REALLY COMMUNITY POLICE IN OUR DIRECT SUPERVISION/UNIT MANAGEMENT MODE OF OPERATION, WE PUT A GREAT EMPHASIS ON EDUCATED OFFICERS. 41% OF OUR UNIFORM STAFF POSSESS A DEGREE IN HIGHER EDUCATION, INCLUDING 13 OF OUR UNIFORM STAFF WHO HAVE MASTER'S DEGREES. 369 OF OUR TOTAL STAFF HAVE HIGHER EDUCATION DEGREES, INCLUDING 85 WHO HAVE MASTER'S DEGREES AND TWO WHO HAVE PHD'S.
IF YOU ARE LOOKING TO THE HAMPDEN COUNTY CORRECTIONAL CENTER TO FULFILL THE PRISON MOVIE STEREOTYPE OF CORRUPT WARDEN; BRUTISH, SADISTIC GUARDS; AND INNOCENT INMATES WHO LOOK LIKE TIM ROBBINS, CLINT EASTWOOD, PAUL NEWMAN OR BURT REYNOLDS, YOU ARE LOOKING IN THE WRONG PLACE.
OVER OUR 30 YEARS, WE'VE TRIED TO BE INNOVATIVE. IN 1986, WORKING WITH THE CRIME AND JUSTICE FOUNDATION, WE FOUNDED THE NATION'S FIRST DAY REPORTING CENTER, WHICH SUCCESSFULLY AND SAFELY SUPERVISES SENTENCED INMATES LIVING AT HOME AND PARTICIPATING IN POSITIVE COMMUNITY ACTIVITIES AND COMMUNITY EMPLOYMENT, RATHER THAN BEING IN JAIL. WE ARE NOW ADMITTING PARTICIPANTS TO DAY REPORTING AT THE RATE OF 500 MEN AND WOMEN A YEAR, AND WE HAVE AVERAGED JUST ONE ARREST A YEAR OF PARTICIPANTS DURING THE 18 YEAR LIFE OF THE DAY REPORTING PROGRAM. NONE OF THESE NEW CRIMES COMMITTED WHILE ON DAY REPORTING HAVE RISEN TO THE LEVEL OF A PROGRAM THREATENING INCIDENT. AS YOU ARE PERHAPS AWARE, THESE DAY REPORTING CENTERS HAVE BEEN REPLICATED THROUGHOUT THE COUNTRY.
OUR EDUCATION PROGRAM RECENTLY GRADUATED ITS 3400 GED RECIPIENT SINCE JAY AND I TOOK OFFICE.
OUR MEDICAL DEPARTMENT DEVELOPED A NEW PARADIGM FOR CORRECTIONAL MEDICINE IN ITS LINKAGE TO COMMUNITY-BASED HEALTH CENTERS AND PUBLIC HEALTH DOCTORS. THIS "PUBLIC HEALTH MODEL" OF CORRECTIONAL MEDICINE RECEIVED AN INNOVATIONS IN AMERICAN GOVERNMENT AWARD, JOINTLY BESTOWED BY THE KENNEDY SCHOOL OF GOVERNMENT, THE COUNCIL FOR EXCELLENCE IN GOVERNMENT, AND THE FORD FOUNDATION. IN 1998, THE NATIONAL COMMISSION ON CORRECTIONAL HEALTH CARE SELECTED US AS FACILITY OF THE YEAR, FOR OUR PRO-ACTIVE PUBLIC HEALTH APPROACH TO MEDICAL CARE IN OUR INSTITUTION.
WE ESTABLISHED THE NATION'S FIRST AFTER INCARCERATION SUPPORT SYSTEMS PROGRAM TO ASSIST INMATES DURING THE CRITICAL TIME OF COMMUNITY RE-ENTRY, EVEN THOUGH WE ARE NO LONGER UNDER STATUTORY OBLIGATION TO THESE PEOPLE AS THEY ARE NO LONGER IN OUR CUSTODY. AS PART OF THIS AFTER INCARCERATION SUPPORT SYSTEMS PROGRAM, 8500 INDIVIDUALS HAVE PARTICIPATED IN RELEASE PLANNING AND RELEASE SUPPORT SESSIONS.
BECAUSE OF OUR LONGSTANDING AND EVER GROWING BELIEF THAT INCARCERATION SHOULD ALWAYS BE AT THE LEAST LEVEL OF SECURITY APPROPRIATE TO PUBLIC SAFETY, WE HAVE A GREATER PERCENTAGE OF OUR SENTENCED POPULATION IN COMMUNITY CORRECTIONS THAN ANY CORRECTIONAL DEPARTMENT IN THE COMMONWEALTH.
WE HAVE A "40 HOUR WORK WEEK" POLICY FOR THOSE IN OUR CUSTODY, WHEREBY THEY ARE EXPECTED TO BE WORKING IN THE INSTITUTION OR INVOLVED IN PRODUCTIVE ACTIVITIES - I.E. PROGRAMS-THAT WILL READY THEM TO BE EMPLOYABLE AT LEAST 40 HOURS EACH WEEK. THIS IS CONSISTENT WITH OUR BELIEF THAT CORRECTIONAL FACILITIES SHOULD NOT BE WAREHOUSES, AND THAT TIME SENTENCED TO THEM IS TIME TO BE UTILIZED, NOT (QUOTE) DONE (END QUOTE), LANGUISHING AND ROTTING IN CELLS.
WE ALSO HAVE PUT IN PLACE A METHOD OF QUANTIFYING CRIMINOGENIC FACTORS UPON ADMISSION WITH A "LEVEL SERVICE INVENTORY", WHICH POINTS US TO THE TYPE OF SERVICES THAT WE NEED TO OFFER AN INDIVIDUAL TOWARD THEIR SUCCESSFUL RELEASE.
I KNOW THAT THE CRIMINAL JUSTICE POLICY COALITION'S MISSION STATEMENT TALKS ABOUT RESTITUTION TO VICTIMS. OUR DEPARTMENT IS ALSO A LEADER IN RESTORATIVE JUSTICE, AS WE HAVE A VICTIM IMPACT PROGRAM FOR THOSE INCARCERATED IN OUR FACILITY, AND WE'VE ORGANIZED COMMUNITY ACCOUNTABILITY BOARDS FOR OFFENDERS TO MEET WITH NEIGHBORHOOD REPRESENTATIVES AS PART OF THE RELEASE PROCESS. WE NOW HAVE 12 OF THESE COMMUNITY ACCOUNTABILITY BOARDS IN PLACE, UTILIZING 70 COMMUNITY VOLUNTEERS. IN THE 4 1/2 YEARS OF OUR DEVELOPING THESE CITIZEN BOARDS, OVER 400 OFFENDERS HAVE MET WITH THEM, WITH AN 80% COMPLETION RATE OF FOLLOWING THE BOARDS' RECOMMENDATIONS.
WE ALSO HAVE A VOLUNTEER INMATE COMMUNITY SERVICE RESTITUTION PROGRAM, WHICH IS THE VERY OPPOSITE OF COUNTER-PRODUCTIVE, SHOWY, "CHAIN-GANGS". THROUGH THIS RESTITUTION PROGRAM, OFFENDERS IN OUR MINIMUM SECURITY AND COMMUNITY CORRECTIONS PROGRAMS MAINTAIN PARKS AND ROADWAYS, BUILD PLAYING FIELDS FOR YOUTH, READY SUMMER CAMPS FOR YOUTH IN THE SPRING, MAINTAIN ELDERLY HOUSING COMPLEXES, ETC., ETC., OFTEN IN THE VERY NEIGHBORHOODS THAT THE INMATES COME FROM. LAST YEAR WE CELEBRATED OUR MILLIONTH HOUR OF THIS RESTITUTION SINCE I TOOK OFFICE. AND INSTEAD OF A "GUARD" STANDING OVER OUR CREWS WITH A SHOTGUN AND STEEL SUN GLASSES, OUR COMMUNITY SERVICE OFFICERS WORK RIGHT ALONGSIDE THE INMATES.
OURS IS AN INSTITUTION BUILT ON THE FOUR PILLARS OF PROPER CLASSIFICATION, ACCOUNTABILITY, HUMANITY AND OPPORTUNITY.
SO WHILE I MAY NOT HAVE BEEN A PERFECT PROGRESSIVE, I'VE BEEN A REAL ONE. AND THE FACT THAT MY ELECTORATE TRUSTS ME TO HAVE COMMON SENSE HAS ENABLED ME TO POSITIVELY IMPACT THE LIVES OF THE POWERLESS IN MY CUSTODY WITH OPPORTUNITY AMIDST A CLIMATE OF NON-VIOLENCE.
WITH THAT BACKGROUND, LET ME MOVE TO THE TOPIC OF THE ADDICTED IN OUR CRIMINAL JUSTICE SYSTEM.
FIRST OF ALL, I WANT TO STATE CLEARLY AND EMPHATICALLY THAT I SUPPORT TREATMENT OF THE ADDICTED IN OUR CRIMINAL JUSTICE SYSTEM, INCLUDING AS A DIVERSION FROM THAT SYSTEM, AND I BELIEVE THAT THE TREATMENT SHOULD TAKE PLACE AT THE LEAST LEVEL OF SECURITY THAT IS CONSISTENT WITH PUBLIC SAFETY. WHERE AT ALL SENSIBLE, THAT TREATMENT SHOULD BE DONE IN THE COMMUNITY, NOT BEHIND FENCES. AND WHERE INCARCERATION IS NECESSARY, TREATMENT SHOULD BE A PRIMARY AND PERVASIVE ELEMENT OF THAT INCARCERATION.
THAT BEING SAID, I THINK THAT IT IS IMPORTANT THAT I TRY TO SERVE A MORE USEFUL ROLE HERE THAN PREACHING TO THE CHOIR, CELEBRATING THE UNANIMITY OF OUR THINKING.
I AM WARY OF ANY THEORY OF CRIMINAL JUSTICE THAT RESEMBLES A SIMPLE PANACEA. I'VE BEEN ON THE FRONT LINES FOR THIRTY YEARS, AND I KNOW THAT THE ANSWERS IN CRIMINAL JUSTICE WILL NOT FIT ON A BUMPER STICKER. I DON'T CARE WHETHER THOSE SIMPLISTIC ANSWERS COME FROM THOSE WITH THE IDEA THAT MORE TIME LOCKED UP WITH HARSHER CONDITIONS IS THE ANSWER, OR FROM THOSE WITH THE IDEA THAT OFFERING TREATMENT WILL END THE NEED FOR ALL BUT THE MOST VIOLENT OFFENDERS TO BE INCARCERATED .
THE FIRST REALITY THAT INTRUDES ON THIS "TREATMENT WILL END THE NEED FOR INCARCERATION" THOUGHT IS THAT, GIVEN THE OPPORTUNITY FOR TREATMENT IN THE COMMUNITY, A SIGNIFICANT NUMBER WILL NOT AVAIL THEMSELVES OF THAT OPPORTUNITY.
I HAVE SOME STATISTICS THAT BEAR ON THIS. I'M SURE THAT SOME, IF NOT MANY, OF YOU ARE ALREADY FAMILIAR WITH THEM.
I THINK THAT WE ALL REMEMBER THE PASSAGE OF PROPOSITION 36, THE CALIFORNIA SUBSTANCE ABUSE CRIME PREVENTION ACT OF 2002. IT WAS BILLED AS A MILESTONE SUCCESS IN THE MOVEMENT FOR TREATMENT INSTEAD OF INCARCERATION, AND ITS PASSAGE WAS.
BUT PLEASE LISTEN TO OR REMIND YOURSELF OF THE FOLLOWING STATISTICS FROM A REPORT PREPARED BY THE UNIVERSITY OF CALIFORNIA AT LOS ANGELES FOR THE CALIFORNIA DEPARTMENT OF ALCOHOL AND DRUG PROGRAMS.
DURING THE FIRST YEAR OF THE PROGRAM 53,697 OFFENDERS WERE DETERMINED TO BE ELIGIBLE FOR TREATMENT RATHER THAN INCARCERATION.
RIGHT OFF THE TOP, 18% OF THAT NUMBER CHOSE NOT BE IN INVOLVED IN THE SUBSTANCE ABUSE AND CRIME PREVENTION ACT, BUT CHOSE INSTEAD TO PARTICIPATE IN DRUG COURT OR GO THROUGH ROUTINE CRIMINAL JUSTICE PROCESSING.
OF THE 82% OF OFFENDERS WHO CHOSE THE SUBSTANCE ABUSE AND CRIME PREVENTION ACT ROUTE, 85% OF THOSE COMPLETED ASSESSMENT, AND 81% OF THOSE WHO COMPLETED ASSESSMENTS BEGAN TREATMENT.
THUS, 69% OF THESE WHO CHOSE TREATMENT ACTUALLY BEGAN TREATMENT, LET ALONE SUSTAINED AN INVOLVEMENT WITH TREATMENT OR COMPLETED IT.
AS JUDGE STEPHEN MARCUS OF LOS ANGELES SAID: (QUOTE) "ONE OF THE LESSONS WE ARE LEARNING IS THAT WE ARE GETTING A LOT OF PEOPLE WHO ARE SO ADDICTED THEY JUST AREN'T READY FOR TREATMENT. THEIR ADDICTION IS SO POWERFUL, IT CONTROLS EVERYTHING IN THEIR LIVES." (END QUOTE)
DON'T HEAR ME IMPLYING THE ACT IS A FAILURE; PLEASE HEAR ME INSTEAD ASKING US TO BE REALISTIC ABOUT ITS LIMITS.
IF THIS CALIFORNIA STUDY IS NOT ENOUGH TO GIVE US PAUSE WITH THE IDEA THAT ALL WHO ARE OFFERED TREATMENT WILL TAKE ADVANTAGE OF IT, LET ME SHARE WITH YOU A STATISTIC FROM MY OWN COUNTY:
LESS THAN 40% OF OFFENDERS WHO WERE SENTENCED TO PROBATION LAST YEAR IN HAMPDEN COUNTY WITH A MANDATED PARTICIPATION IN THE MASSACHUSETTS OFFICE OF COMMUNITY CORRECTIONS DRUG TREATMENT PROGRAM COMPLETED THAT PROGRAM. LESS THAN 40%!
SO I BELIEVE THAT IT IS HARD FOR US TO IGNORE THE FACT THAT GIVEN THE OPPORTUNITY FOR TREATMENT, A GOOD NUMBER OF THE ADDICTED WILL NOT TAKE US UP ON IT IN THE FREE WORLD.
AS FAR AS THE IDEA THAT TREATMENT WILL ELIMINATE THE NEED TO INCARCERATE ALL BUT THOSE IN FOR VIOLENT OFFENSES, FIRST OF ALL I WOULD OFFER THAT WHEN WE TALK OF THE ADDICTED IN THE CRIMINAL JUSTICE SYSTEM, NOT ALL OF THEM FIT INTO THE DRUG CRIME CATEGORY THAT THE CALIFORNIA ACT SOUGHT TO ADDRESS. I THINK WE ALL AGREE THAT THOSE CHARGED WITH VIOLENT CRIMES SUCH AS MURDER, RAPE AND ARMED ROBBERY, NEED TO GET THEIR TREATMENT BEHIND THE FENCES. BUT WHAT OF THE ADDICTED WHO ARE IN THE SYSTEM FOR CRIMES OF PROPERTY, SO-CALLED NON-VIOLENT CRIMES - BURGLARY, LARCENY, MOTOR VEHICLE THEFT, ETC.
MOST OF US HERE TODAY, IF NOT ALL, SEEK TO BE EMPATHETIC AND UNDERSTANDING TOWARD OFFENDERS, BUT WE ALSO PROCEED ON THE ASSUMPTION THAT THERE WILL BE REPERCUSSIONS IF SOMEONE, AS YOU SIT AT THIS CONFERENCE TODAY, BREAKS INTO YOUR HOME AND STEALS YOUR FAMILY HEIRLOOMS, RIFLES THROUGH YOUR BELONGINGS, AND TAKES WHAT THEY WANT. YOU ALSO HAVE THE EXPECTATION THAT WHEN YOU SHOP, PRICES WON'T BE DOUBLED TO MAKE UP FOR 50% LOSS OF INVENTORY DUE TO SHOPLIFTING AND BAD CHECKS. AND I EXPECT THAT ALL OF US WOULD LIKE TO THINK THAT OUR CAR WILL NOT BE MISSING FROM THE LOT WHEN WE EMERGE FROM THIS CONFERENCE TODAY, TO BE FOUND A WEEK FROM NOW, TRASHED AND STRIPPED.
THESE CRIMES OF PROPERTY ARE NOT OF THE MAGNITUDE OF MURDER, ARMED ROBBERY OR SEXUAL ASSAULT, BUT THEY ARE NOT "VICTIMLESS", AND THE CITIZENS OF A CIVIL SOCIETY TAKE FOR GRANTED THAT THERE WILL BE SOME PROTECTION FROM THEM. WHEN ALL THE THEORIES ARE SAID AND DONE, THE REALITY REMAINS THAT THE DETERRENCE OF INCARCERATION IS A NECESSARY ELEMENT OF THAT PROTECTION. THERE ARE INDIVIDUALS - MANY OF THEM ADDICTED - WHO DO NOT EXERT ANY INTERNAL CONTROLS AS REGARDS THEFT.
THE FOLLOWING DOES NOT MEET THE COMMON SENSE STANDARD FOR DETERRENCE: (QUOTE) DON'T ATTEMPT TO BREAK INTO MY HOUSE OR YOU'LL BE OFFERED TREATMENT THAT YOU MAY OR MAY NOT AVAIL YOURSELF OF, WITH NO THREAT OF INCARCERATION ONE WAY OR THE OTHER. (END QUOTE). BEING ADDICTED SHOULD NOT BE, IN AND OF ITSELF, A "GET OUT OF JAIL FREE" PASS.
I BELIEVE, THAT SUBSTANCE ABUSE IS THE (QUOTE) DETERMINATE DEFICIT (END QUOTE): WHEN TREATMENT WORKS, EVERYTHING WORKS. BUT I BELIEVE THAT SOUND PUBLIC POLICY SHOULD TAKE INTO ACCOUNT THESE TWO REALISTIC FACTORS: ONE) THAT A SIGNIFICANT NUMBER OF THOSE OFFERED TREATMENT RATHER THAN THE MORE TRADITIONAL CRIMINAL JUSTICE ROUTE WILL NOT INVOLVE THEMSELVES IN TREATMENT OR COMPLETE IT. SECOND) THAT WE CANNOT ABANDON INCARCERATION AS A DETERRENT TO PROPERTY CRIMES.
HAVING ADDRESSED SOME ASPECTS OF THE THEORY OF TREATMENT AS IT RELATES TO THE CRIMINAL JUSTICE SYSTEM, I WOULD LIKE TO SPEAK A BIT ABOUT LOGISTICS.
THE HAMPDEN COUNTY SHERIFF'S DEPARTMENT HAS SOME OUTSTANDING EXAMPLES OF TREATMENT BEING DONE IN BOTH AN INTENSIVE COMMUNITY SUPERVISION AND A MINIMUM SECURITY SETTING. I POINT THESE OUT TO UNDERSCORE THAT WE HAVE OPTIONS BETWEEN 24 HOURS A DAY INCARCERATION AND TREATMENT WITH NO COMMUNITY CORRECTIONAL SUPERVISION.
AS I MENTIONED EARLIER, WE'VE HAD A DAY REPORTING CENTER IN PLACE IN HAMPDEN COUNTY FOR OVER 17 YEARS. SENTENCED INDIVIDUALS CAN EARN THEIR WAY TO DAY REPORTING THROUGH PROGRAM PARTICIPATION AND GOOD BEHAVIOR. PARTICIPANTS IN THE DAY REPORTING PROGRAM LIVE AT HOME, WORK AND PARTICIPATE IN POSITIVE COMMUNITY ACTIVITIES, THE MOST COMMON OF WHICH ARE COMMUNITY RECOVERY GROUPS AND OTHER SUBSTANCE ABUSE TREATMENT. PARTICIPANTS ARE SUBJECT TO FREQUENT RANDOM URINALYSIS TESTING, AND ONE "DIRTY URINE" CONSTITUTES PROGRAM FAILURE. WE'VE LEARNED THAT ONCE DAY REPORTING PARTICIPANTS START INGESTING SUBSTANCES INTO THEIR SYSTEMS, VOLATILE CRIMINAL INCIDENTS CAN SOON FOLLOW. RETURN TO HIGHER SECURITY FOR ONE FAILED SUBSTANCE TEST MAY SEEM HARSH TO SOME, BUT IT IS OUR CONSIDERED BELIEF THAT THE INCIDENTS THAT WOULD FOLLOW THE USE OF ALCOHOL AND DRUGS WOULD SOON JEOPARDIZE THE EXISTENCE OF OUR PROGRAM. WHILE THERE IS OFTEN A TENDENCY FOR THOSE OF US CONCERNED WITH IMPLEMENTING INNOVATIVE AND PROGRESSIVE CRIMINAL JUSTICE POLICY TO LOOK UPON SUCH REACTIONS TO PERCEIVED THREATS TO PUBLIC SAFETY AS "KNEE JERK", THE PUBLIC HAS A RIGHT TO BE LISTENED TO AS IT REGARDS WHAT IT BELIEVES CONSTITUTES ITS OWN SAFETY.
ANOTHER PROGRAM THAT WE HAVE AT HAMPDEN COUNTY THAT IS WORTH LOOKING AT IS OUR REGIONAL CORRECTIONAL ALCOHOL CENTER, INITIALLY FOUNDED IN 1985 FOR DRIVING UNDER THE INFLUENCE OFFENDERS, BUT NOW SERVING OTHERS WITH SUBSTANCE ABUSE PROBLEMS. IT IS A MINIMUM SECURITY BUILDING, UNLOCKED, WITH NO FENCES, ORIENTED TOWARD TREATMENT, WITH BOTH IN-HOUSE PROGRAMS AND ESCORTED ATTENDANCE AT RECOVERY GROUPS IN THE COMMUNITY. 11,000 INDIVIDUALS HAVE GONE THROUGH THIS PROGRAM SINCE 1985. APPROXIMATELY HALF OF THE PARTICIPANTS ARE DRIVING UNDER THE INFLUENCE OFFENDERS. THE RECIDIVISM RATE FROM THIS PROGRAM FOR THESE DUI OFFENDERS FOR ANOTHER DUI OFFENSE IS 4.7%, AS COMPARED TO 16.9% FOR THOSE IN ANOTHER STUDY WHO WENT TO TRADITIONAL JAIL FOR THEIR DUI OFFENSE.
ALL OF YOU ARE WELCOME TO COME OUT TO HAMPDEN COUNTY AND SEE THESE TWO EXAMPLES OF SUPERVISED TREATMENT WITH THE CRIMINAL JUSTICE SYSTEM INVOLVED, AS WELL AS WHATEVER ELSE THAT YOU'D LIKE TO LOOK AT. THEY TELL ME THAT THERE ARE PAVED ROADS NOW WEST OF ROUTE 495, AND IF I'VE BEEN DOING MY JOB, BANDITS WON'T BE ATTACKING YOUR STAGECOACH.
NOW, WHAT ARE MY THOUGHTS REGARDING THE MENTALLY ILL IN OUR SYSTEM:
WHEN JOHN KENNEDY SIGNED THE COMMUNITY MENTAL HEALTH ACT SHORTLY BEFORE HIS DEATH IN 1963, HE SAID, "THE RELIANCE ON THE COLD MERCY OF CUSTODIAL ISOLATION WILL BE SUPPLANTED BY THE WARMTH OF COMMUNITY CONCERN AND CAPABILITY."
OVER 40 YEARS LATER, WE ALL KNOW THAT THIS STIRRING VISION HAS NOT BEEN REALIZED. TOO MANY MENTALLY TROUBLED HAVE FALLEN THROUGH THE CRACKS TO HOMELESSNESS, AND TOO MANY HAVE FOUND THE COLD MERCY OF CUSTODIAL INSTITUTIONS REPLACED BY THE COLD STEEL OF CORRECTIONAL INSTITUTIONS.
PRESENTLY IN THE HAMPDEN COUNTY CORRECTIONAL CENTER, 9-10% OF THE TOTAL INMATE POPULATION HAS SEVERE MENTAL HEALTH ISSUES.
I WANT TO TOUCH ON SEVERAL SPECIFIC THINGS THAT CAN BE DONE TO ADDRESS THIS SITUATION.
FIRST OF ALL COUNTY JAILS SHOULD RECEIVE APPROPRIATE FUNDING FOR MENTAL HEALTH SERVICES, SUCH AS SPECIALIZED MENTAL HEALTH UNITS. HAMPDEN COUNTY HAD SUCH A UNIT THAT WAS HIGHLY SUCCESSFUL, BUT WAS CLOSED IN 2001 WHEN THE DEPARTMENT OF MENTAL HEALTH WITHDREW FUNDING FROM THE PROGRAM. DESPITE A 1987 MASSACHUSETTS LEGISLATIVE DIRECTIVE TO CREATE SPECIALIZED MENTAL HEALTH CARE UNITS IN NEW JAILS, ONLY THE HAMPDEN COUNTY CORRECTIONAL CENTER HAD SUCH A UNIT. I AM PLEASED TO REPORT THAT FUNDING FOR THIS UNIT WAS RESTORED IN THE FISCAL 2005 BUDGET. HAMPDEN COUNTY WILL ADMINISTER A REGIONAL COUNTY CORRECTIONAL EMERGENCY STABILIZATION UNIT FOR THE WESTERN HALF OF THE STATE, AND MIDDLESEX COUNTY WILL ADMINISTER A UNIT FOR THE EASTERN HALF OF THE STATE. THE FUNCTION OF SUCH A SPECIALLY DEDICATED, LOCAL STABILIZATION UNIT IS THAT IT ALLOWS THE SERIOUS ILLNESSES OF INMATES TO BE TREATED AND EVALUATED IN A SAFE AND STRUCTURED ENVIRONMENT UNTIL THEIR MENTAL ILLNESS CAN BE STABILIZED. THIS IS NOT ONLY GOOD FOR THE PATIENT AND FOR THE COUNTY CORRECTIONAL FACILITY, BUT IT ALSO RESULTS IN SIGNIFICANT SAVINGS TO THE STATE BECAUSE IT REDUCES THE NUMBERS OF TRANSFERS TO BRIDGEWATER STATE HOSPITAL.
EVERY DAY ACROSS THIS STATE, WITHOUT THESE EMERGENCY MENTAL HEALTH STABILIZATION UNITS, SHERIFFS HAVE BEEN PUTTING INMATES THAT ARE HAVING A PSYCHOLOGICAL PROBLEM INTO SPECIAL SEGREGATION UNITS ALONGSIDE INMATES THAT ARE SEPARATED FOR DISCIPLINARY AND SECURITY REASONS. THE STARK, HARSH, ISOLATED CONDITIONS OF THESE SEGREGATION UNITS CAN CAUSE THE DECOMPOSITION OF MENTAL HEALTH INMATES. THIS IS PUNISHING RATHER THAN TREATING THEM, AND WE HAVE A MORAL OBLIGATION TO DO OTHERWISE.
BEYOND FUNDING MENTAL HEALTH STABILIZATION UNITS IN COUNTY FACILITIES, WE NEED TO DIVERT LOW LEVEL NON-VIOLENT MENTALLY ILL OFFENDERS THROUGH MENTAL HEALTH COURTS, MUCH LIKE DRUG COURTS. WITHOUT MENTAL HEALTH COURTS, THE JUDICIAL BRANCH HAS FEW CHOICES FOR THE MENTALLY ILL OTHER THAN JAIL. MISDEMEANANTS WHO ARE MENTALLY ILL BELONG IN TREATMENT PROGRAMS AND NOT IN JAILS.
SOME MENTALLY ILL OFFENDERS COMMIT RELATIVELY MINOR OR VICTIMLESS OFFENSES SUCH AS SURVIVOR BEHAVIOR, VAGRANCY, LOITERING, CREATING A SCENE, FAILURE TO PAY FOR MEALS, DISORDERLY CONDUCT OR TRESPASSING. INMATES WHO ARE ARRESTED FOR THESE MINOR OFFENSES ARE USUALLY JAILED, BUT NEVER TREATED FOR THEIR MENTAL DISEASES. PROPER EVALUATION AND TREATMENT WILL MINIMIZE THE NUMBER OF MENTALLY ILL IN JAILS; IT ENSURES PUBLIC SAFETY, REDUCES RECIDIVISM, REDUCES OVERCROWDING AND DISRUPTION IN JAILS. IT ALLOWS SPECIALIZED CARE, AND IT OFFERS A BETTER LONG TERM PROGNOSIS TO THOSE THAT ARE INVOLVED.
THE THIRD THING THAT I BELIEVE WE HAVE TO DO IS ASSURE CONTINUITY OF CARE. MOST MENTALLY ILL INMATES LACK A DISCHARGE PLAN, EVEN A SIMPLE APPOINTMENT SLIP. A COMPREHENSIVE PROGRAM OF RELEASE PLANNING SHOULD BE REQUIRED THROUGH CODE OF MASSACHUSETTS REGULATIONS STANDARDS. CASE MANAGEMENT PROTECTS THE INVESTMENT IN TREATMENT WE HAVE PROVIDED THE PATIENT. RECIDIVISM RATES OF THE MENTALLY ILL ARE MUCH HIGHER THAN FOR THOSE WITHOUT MENTAL ILLNESS. EVERY CORRECTIONAL SETTING SHOULD HAVE CASE MANAGERS ON THEIR MEDICAL STAFF WHO PROVIDE A VITAL LINK AND LIAISON BETWEEN THE COMMUNITY AND CORRECTIONAL HEALTH CARE.
ALSO, THE REINSTATEMENT OF MEDICAID FUNDING SHOULD BE LEGISLATED. SENATE BILL 598 PROPOSED BY SENATOR MOORE OF THE HEALTH CARE COMMITTEE MANDATES THE COMPLETION OF THE APPLICATION PROCESS FOR MEDICAID PRIOR TO DISCHARGE FROM THE FACILITY. THE MASS HEALTH CARD IS A NECESSITY TO ARRANGE SERVICES AT MOST COMMUNITY BASED AGENCIES WHICH OFFER PROGRAMS OR TREATMENT FOR THE MENTALLY ILL.
I WOULD ALSO NOTE THAT AN ATTEMPT IS BEING MADE ON A FEDERAL LEVEL TO PROVIDE MENTAL HEALTH SERVICES TO THE INCARCERATED WHO NEED IT THROUGHOUT THIS COUNTRY. CONGRESSMAN TED STRICKLAND OF OHIO AND MASSACHUSETTS'S OWN CONGRESSMAN WILLIAM DELAHUNT ARE LEADERS IN THIS EFFORT AND DESERVE OUR KNOWLEDGE OF THEIR EFFORTS AND OUR SUPPORT
LET ME CONCLUDE MY REMARKS TODAY BY STATING THAT I FEEL I SHARE A GREAT DEAL WITH ALL OF YOU. I BELIEVE IN OFFERING PEOPLE THE TOOLS AND DIRECTIONS TO BUILD LIVES OF GREATER SOCIAL ADJUSTMENT AND PERSONAL PEACE; I BELIEVE THAT EVERY HUMAN BEING MATTERS, EVERY HUMAN BEING DESERVES OUR ACTIVE CARE AND CONCERN; AND IN A TIME WHERE IT IS FASHIONABLE TO DENY THE SOCIAL CONTRACT, I BELIEVE IN THE CORE INTERRELATEDNESS OF ALL OF US AND THE RESPONSIBILITY OF EACH TO ALL AND ALL TO EACH; I BELIEVE MORE THAN EVER IN THE SOCIAL CONTRACT, IN SOCIAL JUSTICE, AND IN OUR RESPONSIBILITY AS SOCIAL WORKERS, HUMAN SERVICE WORKERS, AND WORKERS IN OUR JUSTICE AND LEGAL SYSTEMS TO EMBRACE AND UPLIFT THE LEAST AMONG US.
I BELIEVE THAT THIS SOCIAL CONTRACT TELLS US THAT THE GREATEST INVESTMENT THAT WE CAN MAKE WITH OUR TIME AND TREASURE IS IN EACH OTHER; THAT WE ARE NOT STRONG WHEN MANY AMONG US ARE WEAK; THAT WE ARE NOT RICH, WHEN MANY AMONG US ARE POOR; THAT WE ARE NOT HEALTHY, WHEN MANY OF US LACK HEALTH CARE; THAT WE ARE NOT WISE, WHEN MANY OF US ARE UNEDUCATED; THAT WE ARE NOT FREE, WHEN MANY OF US ARE SLAVES TO ADDICTION; AND THAT WE ARE NOT SAFE, WHEN MANY OF US HAVE NO STAKE IN THE AMERICAN DREAM.
THAT IS WHY I STAND BEFORE YOU TODAY NOT SO MUCH AS A SHERIFF, BUT AS A COHORT AND FRIEND. THAT IS WHY I AM HONORED TO SHARE SOME REMARKS WITH YOU TODAY, AND THAT IS WHY AFTER NEARLY 30 YEARS AS SHERIFF, I AM STILL EXCITED, INSPIRED AND OPTIMISTIC WITH THE VISION OF LIVES ENTRUSTED TO OUR CARE AND CONCERN BEING HELPED TO CHANGE.
I WANT TO SAY FINALLY THAT REGARDING THE TOPIC "PROGRESSIVE CRIMINAL JUSTICE WITH SENSIBLE PUBLIC SAFETY", I HAVE COME TO TRULY BELIEVE THAT YOU CAN'T HAVE ONE WITHOUT THE OTHER. I'VE BEEN GIVEN THE OPPORTUNITY TO BE IN A POSITION TO INITIATE AND IMPLEMENT POLICY BECAUSE I'VE EARNED THE TRUST OF MY CONSTITUENTS TO INFUSE MY THINKING WITH COMMON SENSE, AND TO RESPECT THEIR UNDERSTANDINGS. I AM EMPOWERED TO REACH FOR THE STARS BECAUSE I AM TRUSTED TO HAVE TWO FEET PLANTED SOLIDLY ON THE GROUND. I DO NOT HAVE TO STEP OFF FROM REALITY TO GRASP THE STARS; JUST EXTEND MY REACH BY LINKING WITH THOSE LIKE YOU WHO SEEK JUSTICE, SAFETY AND PEACE FOR OUR COMMUNITIES.
I WANT TO THANK YOU FOR YOUR KIND ATTENTION AND YOUR INTEREST IN A BETTER CRIMINAL JUSTICE SYSTEM.
AND I WANT TO THANK THE CRIMINAL JUSTICE POLICY COALITION FOR ASKING ME TO COME HERE TODAY TO SHARE WITH AND LEARN FROM ALL OF YOU.