Governor Baker defends state prison system, now under federal investigation
Governor Charlie Baker defended the state’s prison system Friday amid revelations it’s now under federal investigation, saying he has no concerns about its operations.
Baker, whose administration oversees the Department of Correction and its nearly 8,800 inmates, indicated the investigation has been active for some time. He didn’t specify how long, nor has the agency commented on the specifics of the inquiry.
The probe, launched by the civil rights unit of the US attorney’s office in Massachusetts, is focused on reports of mistreatment of inmates in order to identify potential patterns and practices of abuse, the Globe reported Thursday. Lawyers who have been interviewed by federal investigators said they have provided documents alleging abuse of inmates who are 50 and older, inmates who are terminally ill, and prisoners who have spent months, even years, in isolation.
“First of all, this investigation has been going on for a while,’’ Baker told reporters Friday following an unrelated event in the Seaport. “We’ve been cooperating fully with the Department of Justice from the very beginning, and we’ll cooperate all the way through.
“The department has complied with every ruling, every decision, and every order that’s been issued with respect to the way it operates. And we’ll continue to do so,’’ he added.
Asked if had any concerns about the department’s operations, given the investigation, Baker was blunt: “I don’t have concerns. No, I don’t.’’
Lawyers and advocates for inmates have long criticized Massachusetts prison officials for sending too many inmates into solitary confinement and keeping them there too long. And some lawmakers have expressed frustration with the department’s implementation of laws passed last year as part of a sweeping criminal justice reform bill and designed to drive down the number of prisoners being held in restrictive housing.
Senator James B. Eldridge, the Senate chair of Committee on the Judiciary, said he called Baker’s public safety secretary, Thomas A. Turco III, on Friday after news of the investigation broke. The two had a “constructive’’ 10-minute conversation, but the department needs to move more quickly on the progress it’s made, he said.
The state system “needs to be more proactive to not just follow the law, but really take a serious approach in reducing the numbers in segregated housing,’’ said Eldridge, an Acton Democrat. “It’s fair to say that it raises some alarms when the Trump administration’s justice department is raising concerns about our state prison.’’
Prison officials have said they have been curtailing the use of segregation, saying it is now limited to those inmates whose behavior makes them a danger to themselves or others.
Critics dispute that assertion. Prison officials have reduced the time in solitary each day by just one hour, to 21 hours daily, instead of 22, they said, and regulations for reviewing the status of prisoners in solitary have stalled.
“My view is that the restrictive housing situation in DOC does need to change,’’ said Senator William N. Brownsberger, one of the leaders behind last year’s criminal justice reform legislation and now the third-ranking Democrat in the Senate.
State prison officials have made steps toward cutting the number of people in solitary, he said, “but I think it could go a lot further.’’
Elizabeth Matos, executive director of Prisoners’ Legal Services, said Baker’s assertion that the department as a whole has complied with legal rulings and laws doesn’t mean there aren’t violations happening within the system.
“I think we know enough about the system, and by looking at the outcomes, to know that there are some systemic problems that are doing more harm than good,’’ Matos said. “Hopefully that’s what comes out of this investigation.’’
Prisoners at any state facility can be sentenced by corrections officials to up to 10 years in the state’s toughest solitary, the Departmental Disciplinary Unit. While the law allows for that much time, it doesn’t guarantee a prisoner has been treated fairly by corrections officials, said Lisa Newman-Polk, a former Department of Correction clinician and now a defense attorney.
“Superficially following regulations tells us very little about abuses that occur inside the closed-off walls of prison,’’ she said. “Most staff take their jobs seriously and follow the rules, but those who do not should be investigated and held accountable.’’
