1 1 HEARINGS ON RAPE AND STAFF SEXUAL MISCONDUCT IN 2 U.S. JAILS BY THE REVIEW PANEL ON PRISON RAPE 3 4 5 Western Massachusetts 6 Correctional Alcohol Center 7 8 9 Wednesday, September 24, 2008; 8:30 a.m. 10 11 12 Western New England College School of Law 13 Bradley Road, Springfield, Massachusetts 14 15 16 17 PANEL MEMBERS: 18 Steven McFarland, Chair 19 Carroll Ann Ellis 20 Gwendolyn Chunn 21 22 Reported by: 23 Nicole E. Guilbert 24 2 1 TABLE OF CONTENTS 2 3 NAME/TITLE PAGES 4 Kevin Sloat, Sergeant 5 - 111 5 6 Patrick Murphy, Captain 5 - 116 7 8 Mark Peloquin, Assistant Deputy Superintendent 6 - 116 9 10 Brian Ashe, PREA Coordinator 117 - 162 11 12 Tom Connor, Classification Specialist 118 - 160 13 14 Maureen Marotte, Nursing Supervisor 119 - 162 15 16 Diane Jimenez, Assistant Deputy Superintendent 163 - 181 17 18 John Kenney, Assistant Superintendent 163 - 181 19 20 James Kelleher, Assistant Superintendent WMCAC 196 - 232 21 22 Michael Ashe, Jr., Sheriff 182 - 232 23 24 3 1 P R O C E E D I N G S 2 3 MR GAUDIO: For those of you who don't know me, 4 I'm Art Gaudio, the dean of the School of Law, and on 5 behalf of the school, on behalf of Western New England 6 College, I want to welcome all of you here. And this 7 is part of what we are. We're the School of Law and we 8 teach, but we're also a school of law that has services 9 to the legal community and the rest the social 10 community, really, of the area. 11 So this is our privilege and our honor to be 12 able to host this event here. So thank you for coming 13 and welcome and have a good day, I guess, if that's the 14 right statement to make. 15 PANEL: Thank you very much for your 16 hospitality and your remarks. 17 MR. MCFARLAND: Good morning. My name is Steve 18 McFarland. I am a member of the Review Panel on Prison 19 Rape. These are public hearings on the Western 20 Massachusetts Correctional Alcohol Center. Let me 21 introduce the rest of the Panel. 22 It's my privilege to work with Ms. Carroll Ann 23 Ellis, who is the director of the victim services 24 division of Fairfax County Police Department, the 4 1 largest in the country. And also with -- on my right, 2 Ms. Gwendolyn Chunn, who has an extensive career in 3 corrections, not the least of which is being president 4 of the American Correctional Association and primarily 5 focused on juvenile corrections. 6 So let me just begin by giving them an 7 opportunity to say any opening remarks. 8 MS. ELLIS: Good morning. I would like to say 9 thank you to the sheriff, yesterday Sheriff Ashe and 10 the entire staff for making us so welcome and providing 11 information about your institution and answering all of 12 our questions. I look forward to our discussions 13 today. 14 MS. CHUNN: Thank you very much. It is a 15 pleasure and privilege to be here with you. I'd like 16 to remind you, as we go through this, that you are on 17 the cutting edge of what is happening in the 18 profession, and certainly with that comes a great 19 responsibility for helping to chart the course for the 20 future. And so I think you need to be proud to have 21 been called to be a part of this. We're certainly 22 proud of you. 23 MR. MCFARLAND: Would you please stand and 24 raise your right hand, please. 5 1 KEVIN SLOAT, SWORN 2 PATRICK MURPHY, SWORN 3 MARK PELOQUIN, SWORN 4 5 MR. MCFARLAND: Please state your name, rank or 6 title, and how long have you been at this facility, 7 Sergeant Sloat. 8 MR. SLOAT: My name is Sergeant Kevin Sloat. 9 I've been at the facility since March of 2007. Rank is 10 sergeant. 11 MR. MCFARLAND: And your responsibilities 12 there? 13 MR. SLOAT: Twelve to eight shift supervisor. 14 MR. MCFARLAND: Twelve to eight, is that the 15 twelve to eight -- 16 MR. SLOAT: Excuse me, 11:25 p.m. to 8 a.m. 17 shift. 18 MR. MCFARLAND: I see. Is that considered the 19 third shift or the night shift? How should we refer to 20 it? 21 MR. SLOAT: Overnight shift. 22 MR. MCFARLAND: Overnight, okay. Captain 23 Murphy. 24 MR. MURPHY: Good morning. I'm Captain Patrick 6 1 Murphy. I've been at the facility for approximately 2 two, two and half years now. I'm in charge of security 3 for three shifts, the day shift, 4 to 12 shift, and 4 also the third shift, 11:25 to 8 shift. I'm 5 responsible for security for all three shifts. 6 MR. MCFARLAND: Good morning. 7 MR. PELOQUIN: Good morning. I'm Assistant 8 Deputy Superintendent Mark Peloquin. I've been at the 9 facility since January of 2002. I was the previous 10 captain at that facility and was promoted to assistant 11 deputy in September of 2006. I'm the chief of security 12 there. 13 MR. MCFARLAND: So all three of you were 14 present at the center when the Bureau of Justice 15 Statistics administered their survey? 16 MR. PELOQUIN: Yes, we were. 17 MR. SLOAT: I was not. 18 MR. MCFARLAND: You were not, that's right. 19 You started, Sergeant, in March of last year? 20 MR. SLOAT: Yes, sir. 21 MR. MCFARLAND: Do you all remember when the 22 survey took place? 23 MR. PELOQUIN: I don't know. I think it was 24 May, I believe the end of May. 7 1 MR. MCFARLAND: Well, suffice it to say, they 2 didn't do it in the third shift. So you may not have 3 been there, okay. 4 What is -- Sergeant, let me start with you. 5 What training have you received regarding how to deal 6 with or respond to alleged sexual assault on inmates? 7 MR. SLOAT: My training has been through 8 academy training along with supervisory training 9 through -- when I became a supervisor, supervisor 10 training. 11 MR. MCFARLAND: And how many hours would you 12 say were specifically directed at investigating or 13 preventing sexual assault? 14 MR. SLOAT: I would say at least three hours. 15 MR. MCFARLAND: Is that in the academy or in 16 the supervisory training or both? 17 MR. SLOAT: Probably each. 18 MR. MCFARLAND: Three hours in each of those? 19 MR. SLOAT: Yeah. 20 MR. MCFARLAND: And when were you in the 21 academy, sir? 22 MR. SLOAT: 2001 I graduated from the academy. 23 MR. MCFARLAND: Okay. So did you have any -- 24 between 2001 and -- when did you have the 8 1 supervisory -- 2 MR. SLOAT: That would have been -- I believe 3 it was in March or beginning of April 2007. I don't 4 have the exact date on that. 5 MR. MCFARLAND: Okay. So you had about three 6 hours of refresher on sexual assault -- 7 MR. SLOAT: I can't recall the total hours but 8 I believe that was in that area that would be a class 9 on that, three hours. 10 MR. MCFARLAND: What's your understanding of 11 how your staff should respond to an allegation of 12 sexual assault? 13 MR. SLOAT: An allegation of sexual assault 14 would be a report, advise a supervisor, and I would 15 take the chain of command from there and get all the 16 reports and report to my supervisor, my superiors, and 17 go from there. 18 MR. MCFARLAND: And when you say, "get all the 19 reports," what reports? 20 MR. SLOAT: Well, the incidents of what had 21 happened, the allegations, or the alleged victim, the 22 victimizer, and get all the names and reports. If 23 there has been -- contain and isolate the area, if 24 there's evidence in the area, we contain and isolate 9 1 it. Go through the procedure. Bring the person down 2 to medical attention to possibly Baystate Medical 3 Center, if appropriate, if the allegation is sexual 4 assault, and separate the individuals that were 5 involved. Get witness testimony from them, all reports 6 from there and go from that. 7 MR. MCFARLAND: So is it your understanding, 8 Sergeant, that you are -- you or the correctional 9 officer is supposed to do the investigation? 10 MR. SLOAT: The supervisor would take over the 11 investigation but he would get -- preliminary reports 12 come from the officer who was first on scene of the 13 incident. 14 MR. MCFARLAND: All right. So what exactly is 15 the first responder supposed to do? He gets slipped a 16 note saying, you know, I was assaulted last night by my 17 -- one of my roommates. What is the first responder 18 supposed to do? 19 MR. SLOAT: Get the information and call the 20 supervisor, and I would be involved in taking that 21 individual, bring him down to my office or in a secure 22 area, interviewing him, getting the names, facts of 23 what happened, the allegations. Then go in there and 24 asking the accused, who was the accusing there. Get 10 1 the evidence if there's any evidence that he wants to 2 proclaim to me. Get him out to a medical center for 3 review and, obviously, let my superiors know from 4 there, and they'd give me more information about what I 5 needed to do. 6 MR. MCFARLAND: What kind of evidence is the 7 first responder supposed to try to preserve, physical 8 evidence? 9 MR. SLOAT: Well, physical evidence would be 10 any blood, if there's any blood or anything, torn 11 clothing. If there's any bruises on the individual, 12 look for those, review the whole area, contain and 13 isolate that area and block that area off. 14 MR. MCFARLAND: So you have some rooms with as 15 many as six roommates in there. What would you do with 16 the other roommates, you know, this is three in the 17 morning, the allegation is made, what are you going to 18 do with the other roommates -- 19 MR. SLOAT: I would secure -- 20 MR. MCFARLAND: -- including the alleged 21 perpetrator? 22 MR. SLOAT: The alleged perpetrator, I would 23 pull him out of there and get him the attention he 24 needs. I would secure those people in that area, 11 1 quarantine that area off till I can do one -- 2 investigate one person at a time. Obviously I would 3 call my superintendents to come in. I wouldn't want to 4 upset that area. I'd probably leave it as it is. The 5 individuals stay there at that point till I have my 6 supervisors know what's going on, my superiors, and go 7 from there what I need to do, contact other people to 8 give me a hand. 9 MR. MCFARLAND: Where are you going to put them 10 if you're -- you're pretty much always at capacity. 11 Where are you going to put the other four? 12 MR. SLOAT: Well, I'd have to put them in the 13 day room at this point, individual day rooms, keep them 14 all separated so I'm not having them talk together. 15 Pull them out of that area, keep them separate so 16 there's not any jumbling stories here. Separating them 17 all and quarantine that area off and making -- get the 18 investigation going. 19 MR. MCFARLAND: Have you received or viewed any 20 information or videos or training by the National 21 Institute of Corrections? 22 MR. SLOAT: Yes, we have. 23 MR. MCFARLAND: Was that part of the three 24 hours in the supervisory training in '07? 12 1 MR. SLOAT: I believe we did review videos. I 2 don't recall my attention if we have or not. 3 MR. MCFARLAND: I'm sorry? 4 MR. SLOAT: I believe we have reviewed videos 5 on that. 6 MR. MCFARLAND: And you don't necessarily 7 remember who was producing them? 8 MR. SLOAT: I don't remember what the actual 9 point intending words were on that. 10 MS. ELLIS: Good morning. 11 MR. SLOAT: Good morning. 12 MS. ELLIS: In your response, what would happen 13 to a victim once you began your investigation? You 14 said that you would pull that individual out. Then 15 what happens and what would -- what would you say to 16 that individual? What would you advise them in terms 17 of their condition at that point? You indicated that 18 you would be looking for evidence. You would be 19 looking for blood evidence. You would be looking for 20 clothing. What would -- just could you talk a little 21 bit about what happens. 22 MR. SLOAT: On the victim, we would end up 23 taking his clothing from him, giving him a change of 24 clothing, use that as evidence. We'd go out to the 13 1 Baystate Medical Center or a medical center for the 2 testing, see if -- the rape kit, if he was raped. CIU 3 would be called in on this investigation for bringing 4 up on charges of the accused, of the victim or victim's 5 agent person. Putting that all -- getting reports 6 going. 7 MS. ELLIS: Is there anybody else that would 8 talk to the victim early on in the process? 9 MR. SLOAT: Well, we'd probably call forensics 10 in. The superintendent would be involved in it. My 11 superiors would be coming in. Obviously, the medical 12 attention would be given to him as soon as possible, 13 and going from there. Rape crisis center or rape 14 crisis person would probably come in on that. CIRT 15 person is involved, somebody who's got a background to 16 talk to him. 17 MS. ELLIS: I had the opportunity to meet with 18 your victim service coordinator. Would that individual 19 be called in at any time or is that person responsible 20 for any kind of training regarding victim -- 21 victimization within the institution or support to you 22 as a staff member? 23 MR. SLOAT: Yes, they would be called in, and 24 they would -- a 24-hour on-call person would be coming 14 1 in to talk to that person and whatever combination we 2 would need. 3 MR. MCFARLAND: What's the name of your victim 4 services coordinator? 5 MR. SLOAT: Offhand, I don't -- 6 MR. MCFARLAND: Monica? 7 MR. SLOAT: Monica Dominique. 8 MS. CHUNN: Sergeant, have you had occasion to 9 actually do this at the center? 10 MR. SLOAT: No, I haven't. 11 MS. CHUNN: So this is all out of your training 12 and what you know to be standard operating procedure? 13 MR. SLOAT: Right. I haven't been involved in 14 an investigation at all. So I'd be looking to my 15 superiors for backup on that. 16 MS. CHUNN: But this is the representation, 17 this information you've provided is what you believe 18 ought to happen based on what you know about the 19 process? 20 MR. SLOAT: Yes. 21 MS. CHUNN: Is that correct? 22 MR. SLOAT: Yes. I'd be notifying my superiors 23 and they'd be relaying to me also or coming in and 24 giving me a hand on that, but I would start with first 15 1 containing and isolating and notifying. 2 MR. MCFARLAND: When's the last time, Sergeant, 3 you had an opportunity on your shift to oversee a 4 criminal investigation at the facility? 5 MR. SLOAT: I have not. 6 MR. MCFARLAND: I guess that's a happy problem. 7 MR. SLOAT: Yes. 8 MR. MCFARLAND: Either it's an amazing facility 9 and/or we're missing something. What is the -- how 10 would an inmate or a resident have an opportunity to 11 report an alleged sexual assault to you? What are the 12 avenues that you could get that information or that 13 allegation? 14 MR. SLOAT: To an officer, which would be a 15 unit officer, counselor, caseworker, myself as a 16 supervisor. They can also go through the medical 17 department or a forensics person, whoever they have 18 contact with who they feel comfortable with, whoever is 19 on the floor that morning. They go through a grievance 20 process, writing it down and then leaving it somewhere 21 and we pick it up from there. 22 MR. MCFARLAND: Where would they write it down? 23 MR. SLOAT: Well, I mean, they can write it 24 down on a piece of paper and hand it to an officer if 16 1 they felt comfortable that way or... 2 MR. MCFARLAND: Do they use -- would you expect 3 them to use a request -- resident request form? 4 MR. SLOAT: They could also do that, yes. 5 MR. MCFARLAND: For the record, I'm handing -- 6 holding a document labeled WMCAC-0033 and it's a 7 triplicate half-page form entitled "Resident Request 8 Form." How does this work? 9 MR. SLOAT: How does that work? 10 MR. MCFARLAND: Yeah. 11 MR. SLOAT: Actually, the officer signs off for 12 the request, whatever the request may be. It's put 13 into the person's -- we have a file in the officer 14 station which we place into their file. The pink copy 15 is given to the resident as a hard copy for them. 16 There's a date that they put in for it, and then it 17 would be put into the resident's -- the counselor or 18 caseworker's mailbox or whoever they wanted to see, and 19 then it would be picked up the following day when they 20 come in to work, and they check off from there. 21 MR. MCFARLAND: And how does one -- how does a 22 resident get one of these forms? 23 MR. SLOAT: Right at the officer station or 24 officer's room. 17 1 MR. MCFARLAND: Do they -- do the residents 2 have to ask or is there a stack of them available? 3 MR. SLOAT: There's a stack of them available 4 but they ask when they come in -- there's a stack of 5 different forms they can grab in the officer's station 6 and they just ask if they can grab one of those, yes. 7 That's made available to them. 8 MR. MCFARLAND: What do you expect your people 9 to ask before they give them this form? Are they 10 supposed to try to see if, you know, what the request 11 is and whether they can resolve it informally or what? 12 MR. SLOAT: Yes. Usually they're asking who 13 are you looking to see or, you know, a common 14 conversation, if it's something to do with their case 15 file or whatever, or if it's something -- they see a 16 little different change in the resident, they'll say: 17 Is something going on with this gentleman or lady? 18 They'll ask if maybe something is bothering them, queue 19 in a little more to them and see what's going on maybe 20 you can get something out of them before having them 21 write it down. 22 MR. MCFARLAND: Okay. And what do you expect 23 your staff to do if the individual says: Well, it's 24 private. I just need to see the nurse or I need to see 18 1 a counselor or I need to see the assistant 2 superintendent or something, are they going to be given 3 this form nevertheless? 4 MR. SLOAT: Yes. There'd be a form, take it 5 through a request, need to speak to you. You know, at 6 this time I would like to make an appointment to speak 7 with you. Or if they feel there's more to it, they 8 can, you know, kind of give the questions: Is there 9 something bothering you? Do you feel safe? Do you 10 feel like you're hurting yourself or -- if there's a 11 little more to it, if they see the person is in a 12 little more agitated state or something, they can 13 question them more, obviously, and see what's going on. 14 Maybe there's a little more to it than just a 15 request slip, talk to somebody if something is 16 bothering them, a bad phone call or a visit or 17 something on their mind other than -- than just a 18 regular talk. 19 MR. MCFARLAND: So the purpose of that 20 additional questioning is not as a prerequisite to 21 getting a form but rather just to see if they need some 22 emergency attention? 23 MR. SLOAT: Right. 24 MR. MCFARLAND: Is that correct? 19 1 MR. SLOAT: Yes. If I can add, the officers' 2 direction on the floors, you know, they're -- even 3 though it's a midnight shift, at five o'clock in the 4 morning we're waking the residents up for work crews, 5 getting them ready for, you know, our staff -- 6 residents coming down for kitchen work. So, I mean, 7 they're dealing with residents after five o'clock in 8 the morning. So if they're seeing something different, 9 it's kind of a walk and talk thing, not just, you know, 10 here's a form. 11 They're getting to know the resident and see 12 how they're feeling, how they're working out with the 13 program, and hopefully they're fulfilling their 14 obligation in recovery. So, I mean, they're looking at 15 other things than just handing out paperwork. They're 16 looking at the resident itself and see if something is 17 going on. 18 MR. MCFARLAND: What's the most common 19 grievance that you see from -- in your eighteen months 20 there, from a resident? 21 MR. SLOAT: Probably programming issues or 22 minor ticket grievance on why he was locked up for a 23 minor incident, maybe having his TV on during the day 24 when it's supposed to be on after three o'clock, stuff 20 1 like that. They try to grieve that or a grievance on 2 good time, they should be receiving this good time at 3 this time and that. 4 MR. MCFARLAND: How many times have you ever -- 5 and we'll get to the particular grievance process 6 because that's different from this form; is that 7 correct? 8 MR. SLOAT: Yes. 9 MR. MCFARLAND: All right. How many times have 10 you become aware of a grievance in which the resident 11 is alleging that he or she feels uncomfortable or 12 pressured by somebody else, be it the staff or another 13 resident, in a sexual way? 14 MR. SLOAT: I have not received grievances on 15 that. I have not seen any. 16 MR. MCFARLAND: How about any of your staff? 17 MR. SLOAT: No, I haven't. 18 MR. MCFARLAND: How many COs report to you on 19 the third shift? 20 MR. SLOAT: Five officers. 21 MR. MCFARLAND: So there are six sworn 22 custodial staff, you know, security staff during third 23 shift? 24 MR. SLOAT: During my shift, yes. 21 1 MR. MCFARLAND: And you are the unit manager 2 during that shift? 3 MR. SLOAT: Yes, sir. 4 MR. MCFARLAND: And there are no counselors or 5 caseworkers obviously? 6 MR. SLOAT: No. 7 MR. MCFARLAND: No nurse or mental health 8 person? 9 MR. SLOAT: No. 10 MR. MCFARLAND: So is it fair to say that there 11 are six folks who are awake during the, you know, 12 watching -- watching over 182 beds? 13 MR. SLOAT: Absolutely. 14 MR. MCFARLAND: What was your prior experience, 15 Sergeant, in policing or corrections? 16 MR. SLOAT: I have a college degree, a 17 bachelor's degree in science from American 18 International College. And prior to that I did work as 19 a part-time officer at York Street jail and went to the 20 academy as an officer, worked at the main facility and 21 was promoted in March of 2007 to sergeant. 22 MR. MCFARLAND: Is the main facility Ludlow? 23 MR. SLOAT: Yes. 24 MR. MCFARLAND: So you worked for Hampden 22 1 County? 2 MR. SLOAT: Yes. 3 MR. MCFARLAND: How long were you at Ludlow? 4 MR. SLOAT: Five years. 5 MR. MCFARLAND: Okay. As a sergeant or as a 6 correctional officer? 7 MR. SLOAT: As a correctional officer and 8 corporal. 9 MR. MCFARLAND: How would you compare and 10 contrast the correctional alcohol center with Ludlow? 11 How is it alike and disalike? 12 MR. SLOAT: We're a minimum security, where the 13 main facility is medium/maximum security. We're 14 dealing more with residents going out of the facility, 15 walking out to programs. The main facility is 16 programming within the facility, where we have our 17 residents go out to AA meetings, NA meetings, after 18 care meetings, leaving the facility with escorts. 19 MR. MCFARLAND: I take it at Ludlow, you don't 20 hand keys to the inmates? 21 MR. SLOAT: Negative. No, we don't. 22 MR. MCFARLAND: Did -- and how do they refer to 23 the -- when you were a correctional officer, how did 24 you refer to the individuals who were incarcerated? 23 1 MR. SLOAT: As in? 2 MR. MCFARLAND: Residents? Prisoners? 3 Inmates? 4 MR. SLOAT: Oh, inmates, but still was treated 5 with the same, firm, fair, and consistency with 6 respect. It's no different. Individual being minimum 7 security or maximum security is still the same 8 individual, just now they're working on their recovery, 9 moving onto, hopefully, and turn their life around back 10 onto their -- when they're released. 11 MS. CHUNN: Sergeant, how much activity do you 12 have among the residents between twelve and eight? I 13 mean, are people up? I mean, since they have keys to 14 their room and have the ability to come and go -- 15 MR. SLOAT: The only residents that we do have 16 up are to use the bathroom facility. Other than that, 17 nobody is up until five o'clock or allowed to take a 18 shower until after five, the five o'clock count. After 19 that point we do have residents coming down to the 20 kitchen to work, laundry opens up, and we do have 21 residents starting to go out to different work sites 22 around quarter of six. 23 MS. CHUNN: So you have five people for 180 24 beds or so during that period of time? 24 1 MR. SLOAT: Yes. 2 MS. CHUNN: Is that sufficient given the 3 activity among residents? 4 MR. SLOAT: Yes. 5 MR. MCFARLAND: But the five are not -- the 6 shift doesn't end until eight in the morning, right? 7 MR. SLOAT: Yes. 8 MR. MCFARLAND: So you have folks who are up at 9 five? 10 MR. SLOAT: Yes. 11 MR. MCFARLAND: You have people leaving at five 12 a.m.? 13 MR. SLOAT: Six a.m. is when everybody is to be 14 up by. 15 MR. MCFARLAND: So there's two to three hours 16 every -- every day during the third shift when some or 17 all of the 182 folks are up? 18 MR. SLOAT: Yes. 19 MR. MCFARLAND: And some of them are walking 20 out the front door? 21 MR. SLOAT: Yes. 22 MR. MCFARLAND: And you still have five 23 individuals looking after them? 24 MR. SLOAT: Yes. 25 1 MR. MCFARLAND: Would you -- if -- if you knew 2 that there was a report of a sexual assault but you 3 didn't know where it occurred, where do you think you 4 would look first? Where's the highest risk areas? If 5 you were a perpetrator, where would you want to pull it 6 off? 7 MR. SLOAT: I'd say probably in the resident 8 bathroom area or within a room. I mean, there are -- I 9 mean, there could be blind corners where the cameras 10 don't meet but, I mean, with the officers walking 11 around doing half-hour rings, which each take eight to 12 ten minutes -- eight to twelve minutes per ring, in 13 actuality they're really doing fifteen-minute rings, 14 along with myself doing three-unit rings, along with 15 two facility rings, which in time I'm going to go into 16 every room and check as a supervisor and as what an 17 officer would do, walking the floors so many times. I 18 mean, there's really -- every fifteen minutes really 19 the residents are being checked on if it comes down to 20 checking the time. 21 MR. MCFARLAND: And by "ring," do you mean 22 doing a lap? 23 MR. SLOAT: Yes. A wellness check around the 24 corner. 26 1 MS. ELLIS: What about the lower level down 2 where the recreation takes place, are there places down 3 in that area that might possibly be potential dangerous 4 areas? 5 MR. SLOAT: Yes, there is. 6 MS. ELLIS: What would you -- 7 MR. SLOAT: There's bathrooms down in the 8 basement area. There's blind spots, obviously, down 9 there which could -- could be potential areas. 10 MR. MCFARLAND: Like the laundry? 11 MR. SLOAT: Laundry area there's a camera of 12 who you can see going in and out. Obviously, in the 13 corners you're not going to see what's going on, but 14 you have detection of what's -- who's going in and out. 15 MR. MCFARLAND: The camera is over the door 16 facing away from the laundry, though, right? 17 MR. SLOAT: Yes. 18 MR. MCFARLAND: You're going to see who came 19 in, is that right, not what's going on? 20 MR. SLOAT: Exactly. 21 MR. MCFARLAND: What about the exercise -- 22 MR. SLOAT: The fitness area, there is two 23 cameras in there. 24 MR. MCFARLAND: Yeah. 27 1 MR. SLOAT: And obviously, there is probably 2 blind corners in there too. You got poles and stuff in 3 the way also. So there is blind corners in there. 4 MR. MCFARLAND: Well, this is a 5 hundred-year-old building that was a YMCA, right? 6 MR. SLOAT: Yes. 7 MR. PELOQUIN: YWCA. 8 MR MCFARLAND: YWCA. And so it was not built 9 for, Mr. Peloquin, for direct supervision, correct? 10 MR. PELOQUIN: No, not at all. 11 MR. MCFARLAND: And you've got 32 cameras 12 there? 13 MR. PELOQUIN: Correct. 14 MR. MCFARLAND: And you added 16 within the 15 last 12 months? 16 MR. PELOQUIN: Last year, correct. 17 MR. MCFARLAND: So there were 16 operating at 18 the time of the survey? 19 MR. PELOQUIN: Correct. 20 MR. MCFARLAND: And if you had another 16 at 21 your disposal, where would you put them? 22 MR. PELOQUIN: I'd start with more in the 23 basement obviously. I think we have -- as far as the 24 floors are covered, pretty much all angles but, you 28 1 know, you've been through the building. You know the 2 areas. So, you know, if we can cover a hallway twice 3 with a camera, we'd like to, but, you know, we're 4 limited with our funding. If we could cover every 5 blind spot with a camera, that's a camera, but you 6 still need someone on the cameras to see what's going 7 on. So I would add more in the basement if I had an 8 opportunity. 9 MR. MCFARLAND: And some of the stairwells are 10 not covered; is that right? 11 MR. PELOQUIN: The stairwells that are covered 12 are the ones that the residents use. They're covered 13 from top to bottom. There's a staff stairwell where we 14 only have one and then there's an additional stairwell 15 on the west side that only has a camera at the base of 16 the stairwell. So, correct. But where the resident 17 traffic is normally, it is covered. 18 MR. MCFARLAND: But a predator is probably not 19 going to want to go where the traffic -- 20 MR. PELOQUIN: Correct. 21 MR. MCFARLAND: And there's nothing 22 preventing those -- those stairwells are not locked? 23 MR. PELOQUIN: Correct. 24 MS. ELLIS: Captain Murphy, yesterday we had a 29 1 conversation in the cooking area about those little 2 pockets towards the back of the building, and you, 3 certainly within your right, were reluctant to be open 4 about locations at that time. Could we follow up on 5 that discussion now. 6 MR. MURPHY: Sure. Yeah. 7 MS. ELLIS: There were pockets there and you 8 were explaining, and you didn't want anybody to hear 9 what you were saying about what you've done in that 10 area. Could you kind of continue that conversation. 11 MR. MURPHY: Well, basically what I was trying 12 to tell you yesterday was that we -- we have one camera 13 in the facility that's a zoom camera. We've kept that 14 in Hobart Hall. They're expensive cameras, as you 15 know, so it's very difficult to have those 16 strategically placed in the facility. But in the 17 kitchen area, we're able to fix that camera and cover 18 basically the back area of the kitchen. We could see, 19 as we can see in the laundry room, we can see someone 20 going into that slop sink area and, you know, there's 21 another area where the -- where the hot water -- where 22 the sink is, someone could get into that area also. 23 I mean, I guess the thing -- one of the things 24 about our facility, and I think you could probably 30 1 sense this from your tour yesterday, is that there are 2 areas of the building which were vulnerable. There's 3 no doubt about it. But what I'd like to say is that 4 the facility, the environment and the facility that we 5 cultivate is so important to how we conduct business. 6 We have residents that come to us with information 7 because they care about the environment. You know, 8 it's just -- I think it's so important that the 9 residents take some ownership for the area in which 10 they live. You'll have residents that want to stay 11 sober, that want to stay clean and, you know, if 12 something is going on in the building, they're going to 13 staff with it. 14 Whether it's through a request slip, a lot of 15 the information that I get comes from residents. 16 They'll come up to me and say: Hey, such and such is 17 going on. They care about the program. They don't 18 want the program to get shut down. I think once -- 19 once we get to a point -- once residents get to a point 20 in their incarceration where they want to do something 21 better for themselves, they're more apt to take 22 responsibility, take some ownership for that area and 23 be willing to try to influence a positive environment. 24 So, you know, I think that we do our best. We 31 1 put systems in place and we -- you know, that's one of 2 the areas that we rely on receiving some of that 3 information. 4 MR. MCFARLAND: Captain or -- let me ask the 5 sergeant first, when is the last time an inmate came to 6 you with some -- with a tip, some information about 7 infractions or criminal activity? 8 MR. SLOAT: I haven't had anybody come to me 9 recently. 10 MR. MCFARLAND: How about in your eighteen 11 months there? 12 MR. SLOAT: Not any -- any information at all 13 regarding assaults or anything like that. 14 MR. MCFARLAND: How about any information about 15 any kind of an infraction or criminal activity, 16 somebody's got some tobacco, somebody's got some dope? 17 MR. SLOAT: I had one individual come to me and 18 say he saw a guy drinking during a night. We did do 19 Breathalyzer tests on the whole room and it ended up 20 just being a water bottle, but we did follow up with 21 precautionary care. He said he saw him have a bottle 22 and drink something. So we did a Breathalyzer test and 23 we did do a search of the whole room and we didn't find 24 anything. That was the last information I received. 32 1 MS. CHUNN: One of the things that's very 2 apparent is the amount of programming that's going on. 3 Explain to me how the programming, the intense 4 programming -- it appears people are scheduled pretty 5 much for a full day, so to speak. Explain to me how 6 that programming helps to support this culture of -- I 7 call it culture of responsibility for being safe and 8 secure. 9 Mr. Peloquin, would you start, please. 10 MR. PELOQUIN: Absolutely. I think from the 11 day they come in through orientation, and I have the 12 opportunity to teach an orientation class where I get 13 to meet the residents within the first week that 14 they're there, we preach the mentality about opening 15 up. You're in a treatment environment. Now, yes, 16 you're still incarcerated but to get anything out of 17 this program, you have to lose that behind-the-walls 18 mentality where, you know, your guard is up at all 19 times. 20 So from day one when they come through the 21 door, they see a difference and they mention it. And 22 we have an open discussion in my orientation class 23 which discusses how they're treated with respect when 24 they walk through the door, and the minute they walk in 33 1 and go see Ester in classification, they know the 2 facility is different than anywhere they've been. So 3 from day one when they walk through the door, that's 4 what they feel. 5 And then throughout the day, the first day, 6 they're touring, they're shown where their room is 7 going to be. Many are skeptical about what they got 8 themselves into walking into this environment, but I 9 think once they see the commitment with the staff that 10 work there along with the security staff, because it's 11 quite unique in that the security staff and the 12 treatment staff work very well together, and it's 13 something that I noted when I first transferred down to 14 the facility, how well they work together because 15 that's usually not the case. But I think they see and 16 they see the structure and they see what the staff are 17 giving and they open themselves up to changing their 18 ways, which is one of the reasons I feel that we have 19 very few problems because of day one when they walk 20 through door, the amount of respect that they're given 21 and how the treatment has changed and they are able to 22 drop their guard and blend in. 23 Even those that are reluctant to be there, 24 within the first couple of weeks, have a way of coming 34 1 around and giving the place an opportunity. That's 2 what I've seen throughout my six and a half years in 3 the facility. But the environment is different than 4 any other correction facility I've ever been to. 5 MR. MCFARLAND: Can you expand on the 6 differences? For example, I notice that the residents 7 were wearing shirts and ties. That's not -- 8 MR. PELOQUIN: Correct. 9 MR. MCFARLAND: -- common in jails. 10 MR. PELOQUIN: Absolutely. And that's, again, 11 that's something I talk about every week with my 12 orientation class about expectations, about focusing on 13 treatment where we openly discuss in your first week 14 what are the things you're thinking about coming 15 through here, and some of the things are those changes. 16 You're wearing a shirt and a tie. And I ask them: 17 How's that make you feel? And predominantly the 18 response is: I feel good about myself. I've never had 19 anyone ask me to wear a shirt and tie. 20 And when the director proposed this back in 21 March, I was the first to tell him I think we're going 22 to run into some problems now with the expectation 23 level that we already put on these guys coming into 24 this facility to open up and to open their minds to 35 1 treatment, now we're going to raise the level and make 2 them wear shirts and ties. And overwhelmingly, the 3 residents appreciate dressing like that. They feel 4 good about themselves and they've expressed that every 5 week. Anyone new that comes in, they feel good about 6 themselves. 7 MR. MCFARLAND: When did that start? March 8 of -- 9 MR. PELOQUIN: Back in April of this year. 10 MR. MCFARLAND: Of this year? 11 MR. PELOQUIN: Yes. We implemented a staged 12 implementation of it where two days a week to three 13 days a week to five days a week Monday through Friday 14 eight to four. But the transition has been seamless, 15 and I'll actually say that I was surprised that we 16 haven't had any issues with that, with all that we ask 17 of them when they come into the program. 18 MS. CHUNN: In your classes does the person in 19 charge, the facilitator in charge have the 20 responsibility for accounting for every person who's 21 there? In other words, can there be people missing and 22 nobody, you know -- 23 MR. PELOQUIN: No. Each -- each person that 24 facilitates a class has a class list, and if anyone is 36 1 missing, there's, you know, if you miss a class, you're 2 going to get a minor ticket. There's accountability 3 for every class that you're assigned to go to. 4 MS. CHUNN: I'm much more concerned about being 5 out of place and maybe in the basement somewhere with 6 someone else. 7 MR. PELOQUIN: Well, we have a schedule for 8 when you can use the recreation area in the basement. 9 We have the officers on the floors that know, because 10 they work those floors in the direct supervision model 11 and unit management, they're familiar with the 12 residents that are on their floor. They're familiar 13 with the residents that are in Phase I who need to be 14 in the classroom or those that are in Phase II that are 15 out in restitution. So if they see someone on the 16 floor during those blocks of time where they should be 17 in class, whether it's the person who's facilitating 18 the class who knows they're not there or the officer or 19 other staff on the floor, they know that somebody is 20 out of place and they'll address them. 21 MS. CHUNN: So I couldn't choose not to go -- I 22 couldn't choose to skip a class and go down in the 23 basement with somebody else? 24 MR. PELOQUIN: You shouldn't -- 37 1 MS. CHUNN: Is that what you're saying? 2 MR. PELOQUIN: Exactly. Correct. 3 MS. CHUNN: I mean, would I be caught by 4 somebody, by the cameras, or something? 5 MR. PELOQUIN: You could be, yes. Does it 6 happen, it does happen. If they do it, they're out of 7 place. They're out of bounds. It's a three-week 8 in-house sanction. So the ability to do that is there, 9 yes. 10 MS. CHUNN: Talk to me about the last time that 11 did happen. 12 MR. PELOQUIN: I don't have a specific incident 13 where that happened. From my own point of view, I 14 don't know if the captain or sergeant know of any, but 15 what we'll do is systemically, if someone is not in 16 class, we'll follow through after the fact. But the 17 ability for someone to be out of place in that area, we 18 have -- we have an officer down in the recreation area 19 that calls the floor to send the individuals down. 20 They're supposed to check in with their officer on the 21 floor prior to going down. So only those individuals 22 that are scheduled to go down by floor or by unit are 23 supposed to be able to go down there. 24 MR. MURPHY: So I'd like to just add one thing 38 1 in addition to that. I did show you Hobart Hall, and 2 we do have the male and female residents in Hobart 3 Hall. So I guess what the assistant deputy 4 superintendent is saying is that the officer comes down 5 to Hobart Hall, what they do is they'll ensure that 6 attendance is taken. If somebody is missing at that 7 point, they'll get on the radio and they'll call the 8 floors to make sure of their whereabouts. 9 So I can understand what you were saying as far 10 as you want to know where they are. We don't just 11 write them a ticket because they didn't show. There's 12 some follow-up too. 13 MR. MCFARLAND: So for the record, Hobart Hall 14 is an auditorium? 15 MR. MURPHY: Correct. 16 MR. MCFARLAND: And there will be what kind of 17 programming in Hobart Hall at what time during Phase I? 18 MR. MURPHY: Well, I think there's different 19 times that we've had Phase I, but basically it's 20 education-driven. Peter Babineau, as you met 21 yesterday, he's in charge of the drug and alcohol 22 education component. It's Monday through Friday and 23 it's a different topic every week. He's going over 24 something different for seven weeks. 39 1 MR. MCFARLAND: Where do the group therapies 2 take place? 3 MR. MURPHY: They'll take place up on the 4 floors. We do have some rooms downstairs in the 5 basement. As you saw, there were two rooms down there. 6 We do have a camera outside those two rooms. There are 7 various areas of the facility where we utilize space. 8 MR. MCFARLAND: I'm wondering how often men and 9 women residents are together during a week? 10 MR. MURPHY: Well, during the Phase I class, 11 they're, you know, they're -- the women sit up front. 12 There's two rows where the women sit. They're -- it's 13 reinforced in the beginning, I'm sure during the 14 director's class, during assistant deputy 15 superintendent's class, interaction between male and 16 female, we don't allow it and we address it as we see 17 it. So I think, you know, you talk about the 18 accountability factor. I think it's important in our 19 facility and, you know, I think that we -- we hold a 20 high level of accountability to the residents, and I 21 think you can see that through even our e-mail system. 22 Everybody knows through our e-mail system about every 23 resident in the building -- 24 MR. MCFARLAND: Everybody as in all the staff. 40 1 MR. MURPHY: Staff, yeah. We try not to give 2 that to the inmates or the residents. But so the 3 information is shared amongst all the staff and we 4 have -- you know, it's just a great tool for us to stay 5 on top of residents' behavior. If we do see something 6 with the women or with the men that may be flirtatious, 7 it's addressed right away and there's consequences to 8 it. You know, I think that one of the big consequences 9 is the in-house restriction. Residents like to go out 10 to meetings. Or, you know, there's progressive 11 discipline too, though. I think we use work -- work 12 details, you know, up to including returns. So -- 13 MR. MCFARLAND: Returns? 14 MR. MURPHY: Return to the main facility. 15 MR. MCFARLAND: To Ludlow? 16 MR. MURPHY: Exactly. 17 MR. PELOQUIN: Return to higher security. 18 MR. MCFARLAND: What is the scope of sticks, 19 carrots and sticks that you can use to motivate or 20 enforce your behavior? 21 MR. MURPHY: Well, we start with work details. 22 We've been known to give a ten-hour work detail. On 23 the weekends we'll have them clean various areas of the 24 facility, the vehicles. It could be a loss of an 41 1 outside meeting, loss of -- in-house restriction for 2 three weeks, and it progresses from there. 3 MR. MCFARLAND: In-house restriction means you 4 can't go outside at all for three weeks? 5 MR. MURPHY: Can't go outside, right. 6 MR. MCFARLAND: And who makes those decisions? 7 MR. MURPHY: It could be through the unit. If 8 it's a disciplinary violation regarding contraband, I 9 would be involved in that with the unit. 10 Collaboratively we come up with some type of sanction 11 for that. If it's treatment related, maybe it's 12 interaction with the females or not focusing on their 13 treatment, I would have -- I would have less 14 involvement in a decision that they made on the unit. 15 I mean, I could still give my input given my -- 16 any information that I had in regards to the resident, 17 but, basically, it would be dealt with through the 18 unit. 19 MR. MCFARLAND: Are residents, male residents, 20 permitted in residential rooms other than their own? 21 MR. MURPHY: No. Nope. And that's an out of 22 bounds ticket and that could be a three-week in-house 23 restriction. 24 MR. PELOQUIN: I'd just like to add to that, 42 1 that's something that we got into maybe a few years ago 2 where it was rampant where people were in other rooms. 3 We -- we have, as you've seen, on the floor, one 4 officer per floor, and these -- they're all responsible 5 for their own property issues. They have keys, locks. 6 So if someone is in someone else's room, it's a clear 7 violation. We don't want to be spending time 8 investigating who lost a CD player because someone else 9 was in their room. 10 So it's -- it's a -- for a minor sanction, it's 11 a major violation to be in someone else's room, and 12 they all know that. So when they're out of bounds in 13 someone else's room, you know, to get the three-week 14 sanction for that, the message is delivered. So it's a 15 big deal to do that. 16 MR. MCFARLAND: And that started when? 17 MR. PELOQUIN: I think we started in -- coming 18 up with that probably two years ago because of a lot of 19 the violations where others were in other's rooms. It 20 was just constant. We go through cycles of, okay, 21 we're going to hang out in this room, or there's other 22 issues that we deal with and we find ways to, you know, 23 make a sanction stick. A three-week in-house is a big 24 deal and that's -- you know, it's gone a long way to 43 1 eliminate some of those out of bounds issues. 2 MS. ELLIS: My question has to do with overall 3 responsibility for tours, tasks, duties within the 4 facility. Are residents responsible for sweeping and 5 mopping and cleaning the halls outside of the rooms? I 6 understand they're responsible for their rooms. 7 MR. PELOQUIN: Correct. 8 MS. ELLIS: But for the general care and upkeep 9 of the facility, the residents are responsible? 10 MR. PELOQUIN: There's a list that all of those 11 in Phase I are assigned a chore, and every, you know, 12 every single resident in Phase I has a chore, whatever 13 responsibility. Could be cleaning the bathroom, could 14 be vacuuming the hallway, could be cleaning the 15 windows, but they're all assigned duties throughout 16 their Phase I period. 17 When they rotate out, it's a Phase II. Someone 18 else moves into Phase I. So there's an officer in 19 charge of delegating those duties, and throughout the 20 day at whatever day -- whatever chore you have, there 21 are varied times where, you know, make the call, okay, 22 chore workers come on out and you either clean the 23 bathroom or you vacuum the floor. But all residents 24 are responsible for an area. 44 1 MS. ELLIS: As far as the cooking detail is 2 concerned, kitchen detail, yesterday there were males 3 assigned to that responsibility. Are females ever 4 given the same type of jobs? Do the females at some 5 time take over the kitchen duty? 6 MR. PELOQUIN: We have had in the past females 7 assigned to the kitchen for short periods on the 8 weekend. Just the numbers, as they go right now, it's 9 primarily a male Phase II job, working in the kitchen. 10 But we have had some success in the past where some of 11 the women have worked in the kitchen. 12 MR. MCFARLAND: At the same time with men? 13 MR. PELOQUIN: No. No. 14 MS. CHUNN: Can they have pornography in their 15 rooms since they have those locked? 16 MR. PELOQUIN: No. 17 MS. CHUNN: And since they are locked, how do 18 you know that they don't? 19 MR. PELOQUIN: Well, we'll -- we do random 20 searches throughout the building including lockers. 21 Every Friday we do inspections in the morning at eight 22 o'clock, and the captain and I and other staff on the 23 unit will go through every single locker, and that is 24 one of the things we're looking for. 45 1 MR. MCFARLAND: Mr. Peloquin, just following up 2 on that, the -- what about skin magazines, some folks 3 wouldn't consider it pornography, they call it soft 4 porn or something, I mean, are Playboys allowed? 5 MR. PELOQUIN: No. Actually, if I could add, 6 we have a list of, carried down from the main facility, 7 magazines that are barred throughout the facilities. 8 So there's a listing. 9 MR. MCFARLAND: How about photos of their 10 girlfriend? 11 MR. PELOQUIN: They're screened as they come 12 in. 13 MR. MCFARLAND: So they can't be too explicit? 14 MR. PELOQUIN: Correct. 15 MS. ELLIS: I note that the schedule indicates 16 that during Phase I or during orientation, that Monday 17 seems to be the day set aside for Bible study at night. 18 Is that something that just is arbitrarily placed on 19 Monday or is that an option or part of the programming 20 throughout the week? And I also note that on Sundays, 21 there's the possibility of religious service escort. 22 Does this mean that people are then allowed to go into 23 the community to attend a church or synagogue or 24 mosque? 46 1 MR. PELOQUIN: Yes. The scheduled Bible study, 2 there's a volunteer that comes in during that block of 3 time, and anyone that's signed up that wants to go to 4 that particular block of Bible study can go, provided 5 they're screened through their unit and they're signed 6 up. As far as the Sunday morning services, there's a 7 variety of services that are offered, whether it's an 8 escorted group that comes into the building to take 9 residents out to the community or a staff escorted to a 10 Catholic church, for example. There are those services 11 provided on Sunday. 12 MS. ELLIS: And I would ask also the question 13 that the chair asked you, Sergeant Sloat, about your 14 educational background. Would you discuss your 15 educational background, please, Captain and 16 Mr. Peloquin. 17 MR. MURPHY: I graduated from Springfield 18 Technical Community College, and I have an associate's 19 degree in business management. 20 MR. PELOQUIN: I graduated from American 21 International College with a bachelor of science in 22 criminal justice. 23 MS. ELLIS: Thank you. 24 MS. CHUNN: Talk to me about your experience in 47 1 Ludlow and, again, get into the differences between 2 this center and the Ludlow facility. Tell me why -- 3 what you're doing at this center is so different from 4 what happens at Ludlow and what you believe are the 5 reasons that it's not operating at a place like Ludlow. 6 MR. PELOQUIN: You know, and I'll give you my 7 background. I've been with the department for 21 8 years. I worked at the old York Street facility for 9 five years before the new facility opened at Ludlow 10 where I was a canine officer for five years, worked on 11 special operations, and then I had the opportunity to 12 work in the housing towers, ^ sp Bravo Tower and Davis 13 Tower, and in the kitchen before coming down to Howard 14 Street as the captain. So I've seen a lot of the 15 variety working behind the walls. 16 And again, I called them inmates when they were 17 behind the wall. And in my first six months, and I 18 know I told the director this many times when I first 19 transferred down there, but the environment from day 20 one was different. Walking into the facility and 21 seeing how the correctional staff and the counseling 22 staff and the treatment staff worked together, again, 23 for me was odd the way that everybody got along, but 24 there's a lot to the fact that a lot of those staff 48 1 members, whether they wear a uniform or not, are in 2 recovery themselves. So the building promotes the 3 community of those that are there for treatment, and I 4 think what I see and what I talk about in my class is 5 that this is an environment for change and the 6 residents that come to that facility, even those 7 hard-core "behind the wall" people that don't want to 8 change, end up changing in some way to blend in with 9 the environment they're in. And while they're there, 10 they actually pick up. 11 And we talk about it with the staff, with the 12 residents. We have a Friday afternoon clap-out where 13 all the residents that are completing the program and 14 moving on get an opportunity to speak to the group 15 every Friday afternoon, and the most important part 16 that I see is the group of residents that are there and 17 are committed to work with each other. You know, 18 there's a lot of dedicated staff that -- that the 19 residents can identify with because some of them 20 actually sat where they sat and are now working as a 21 counselor, you know, helping them. So they can 22 identify with them. 23 But the community within the building is what 24 drives the program. So they break down the walls and 49 1 they break the barriers, and those that come from the 2 main facility, whatever county -- we service five 3 counties in our facility. But it's unique in my 4 perspective from having a security background to watch 5 the residents blend in and pick up on those, and some 6 of them truly want to make that change and they support 7 each other. I think that's the biggest. 8 MR. MCFARLAND: So just so we can catalog how 9 you -- how you create a therapeutic rather than a 10 traditional correctional environment -- 11 MR. PELOQUIN: The response -- 12 MR. MCFARLAND: And let me just summarize what 13 I'm hearing and then you just correct me or add to it. 14 There is a -- you try to foster mutual support among 15 the residents; is that right? 16 MR. PELOQUIN: Correct. 17 MR. MCFARLAND: There's the attire thing that 18 is fairly recent? There's how you refer to residents 19 or inmates? 20 MR. PELOQUIN: Correct. 21 MR. MCFARLAND: There's the programming? 22 MR. PELOQUIN: Correct. 23 MR. MCFARLAND: Is there more programming at 24 your facility than you saw at Ludlow or -- 50 1 MR. PELOQUIN: It's more intensive and more 2 demanding because it's throughout the day. You know, 3 it doesn't end at four o'clock. Whether they're going 4 out to the community to AA meetings or NA meetings or 5 whether someone is coming into the building, there's 6 still more going on. 7 MR. MCFARLAND: What about the mentoring or the 8 escort program, is that common among the facilities 9 that you've previously worked at? 10 MR. PELOQUIN: No. It's unique to ours. 11 MR. MCFARLAND: And what's their role other 12 than physically walking them to a church on Sunday? 13 MR. PELOQUIN: Well, bringing them out into the 14 community to establish that network that they're going 15 to need to be successful when they leave our facility 16 and, again, it's all volunteer. And again, that layer 17 of respect for these people coming from the community, 18 they're not being paid but they're taking guys that are 19 incarcerated. They're still in minimum security, out 20 into the community, to get them into that network, 21 whether it's AA or NA meetings, the level of respect 22 for those -- those escorts is very high, but the 23 residents feel that as well. You know, hey, they're 24 trusting me now to go out into the community. 51 1 So the bar has been raised for them, probably 2 like never before. So they feel some ownership of 3 staying involved and being a part of the program. 4 MR. MCFARLAND: Just a question to all of you: 5 What else contributes to the unique environment that 6 you have there in addition to what we've just 7 discussed, not that that's not enough but anything else 8 that we haven't discussed? 9 MR. PELOQUIN: I think the support, again, if I 10 can just add one thing, the support from the security 11 staff and the treatment staff is like no other place 12 I've ever been. 13 MR. MCFARLAND: They get along? 14 MR. PELOQUIN: They do and it's -- it's -- I 15 don't want to use the word "odd," but it's different, 16 you know. You're behind the walls where you're working 17 and, you know, the guard is up for all the inmates 18 behind the wall because it's an "us and them." Our 19 environment, even with Hampden County, is different 20 because of our sheriff's message and the way he 21 preaches firm but fair and, you know, have some 22 integrity, but the layer of unity down at Howard Street 23 is, again, I can't emphasize that enough. 24 MR. MCFARLAND: Sergeant, were you about to say 52 1 something? 2 MR. SLOAT: No, sir. 3 MR. MCFARLAND: What about -- I'm curious about 4 handing folks the keys to their room, whether this is 5 the chicken or the egg. Does -- do you have an 6 opinion, and none of you are MSWs, but the sheriff is, 7 but do you have an opinion as to whether that 8 expression of trust is something that they only get 9 when they earn it or is it something that they get from 10 the outset and they rise to the occasion? In other 11 words, by actually being treated with respect and given 12 some trust and not shackled and no bars on the windows, 13 do you think that that actually produces a 14 trustworthiness that you wouldn't see in Ludlow or is 15 it the other way around, you assume that they are 16 broken and until -- I mean, you know, they are a 17 security risk until they prove otherwise and then you 18 gradually give them respect and trust and keys and so 19 forth? 20 MR. MURPHY: I think it is. I think it 21 supports our philosophy on giving them some ownership 22 and some responsibility for, you know, their -- their 23 being, their, you know, their responsibility in the 24 program. 53 1 MR. MCFARLAND: Well, which comes first? 2 MR. MURPHY: Well, I would say that -- I would 3 say that the -- when they come to our environment, they 4 -- they're handed that level of responsibility. I 5 think -- 6 MR. MCFARLAND: They haven't earned it? 7 MR. MURPHY: No. Right when they come through 8 the door. And through the process, it's earned, you 9 know, and, you know, we see that through, you know, 10 through their actions through the program. So I think, 11 you know, as the, you know, as the director was saying 12 yesterday, when I first came to the facility after two 13 and a half years and I heard they were going up to STCC 14 for a GED, I was -- I was a little taken back by it 15 but -- 16 MR. MCFARLAND: Going up to STCC, what does 17 that mean? 18 MR. MURPHY: Up to the Springfield Technical 19 Community College for a GED. So I was -- I was in awe, 20 you know, I was very surprised that that was happening, 21 but to see it through, to see through that and the 22 positive -- 23 MR. MCFARLAND: Fruits? 24 MR. MURPHY: Yeah, the fruits of that, it was 54 1 just amazing to see how good they felt, the connection 2 to the college. The level of responsibility that 3 you're giving them just to go up to the college to work 4 on their GED is, you know, it supports -- again, 5 there's so many different aspects of the program that 6 support that whole philosophy. 7 Taking responsibility for your recovery. We're 8 not going -- we can't get anybody sober there. We're 9 not going to get anybody sober at that facility. They 10 got to -- action is the key. And by giving them 11 certain things, you know, our hope is that they're 12 going to be productive, productive citizens. 13 MS. ELLIS: I do see you presenting tangible 14 goals and empowering and rehabbing and individual 15 interest and care and concentration on folks there. My 16 question to you would be: Are you -- have you been 17 sought out, are you being sought out by other programs 18 throughout the nation because you are unique; and if 19 you are, talk to us about what people are coming to you 20 for, what are they asking, are you seeing the benefit 21 of information that you have shared with them about 22 your program? 23 MR. MURPHY: I think channel -- Channel 5 out 24 of Boston just did an interview on us. They 55 1 interviewed Peter Babineau about our program. I'm 2 not -- not real sure as to the specific content of the 3 interview, but it was to take a look at our program 4 because it is the only one in the state and, you know, 5 I think the director could probably speak more to it 6 once he gets a chance to come up and talk about it. 7 But it's -- it's definitely a program that -- that 8 people are looking at. 9 MS. ELLIS: What about on a national level? 10 MR. MURPHY: I'm not quite sure we've reached 11 any national -- 12 MS. ELLIS: I'll reserve that question. 13 MR. PELOQUIN: I'd like to just add to that. I 14 know that back when the facility opened in '85, there 15 were two in the state and now we're the only one, but 16 we just recently had a group from Barnstable County, 17 which is Cape Cod, come up and, you know, through 18 reputation want to try to drive a program as an 19 alternative, use the word "alternative sanction" but 20 something different than locking people up behind the 21 walls. They know our program is successful. They've 22 heard about it. 23 Our program is recognized nationally, and I 24 can't speak to the examples. Maybe the director can 56 1 give you a little more insight on that. But they 2 toured. We had a judge, a district attorney, and the 3 sheriff of that county come to tour our facility to get 4 some ideas and, you know, they want to drive home the 5 same message that, you know, something you guys are 6 doing is different. It's successful. 7 You know, back to earlier when you were talking 8 about why are things different for us, I think we do -- 9 they're classified to come to minimum, but they have to 10 earn their privileges. You know, nobody goes out of 11 the building for their first 21 days. In that time 12 frame, they're being recognized on their units by their 13 staff. Has this person earned the amount of respect to 14 let him go out to the community? There's a lot of 15 things involved in that, but they see that their 16 actions and how they get involved in the program will 17 earn some of those other privileges to get out into the 18 community. So that's a big deal for them. 19 MR. MCFARLAND: We're going to take a 20 ten-minute -- 21 MR. MURPHY: Can I just say one quick thing? I 22 really want to -- you know, I know we're talking 23 strictly about Western Mass Correctional Alcohol 24 Center, but I think what's important also to recognize 57 1 is that it just doesn't start when they come to Western 2 Mass Correctional Alcohol Center. I think there's so 3 much work that's being done at the main facility from 4 day one, holding them accountable, making them go 5 through programming, and that continuity of care right 6 through their incarceration sets them up for day one at 7 Howard Street. So they're coming -- they may not have 8 done all their homework but they've done some homework 9 on what's going to be expected when they come. So I 10 just wanted to add that. 11 MR. MCFARLAND: Thank you. Well, we still have 12 more questions for this panel, but we're going to take 13 a ten-minute break, and why don't we start up a couple 14 minutes after ten. 15 (A brief recess was taken.) 16 MR. MCFARLAND: Gentlemen, among these 17 documents we have an acknowledgment of receipt of 18 sexual misconduct. It has the Hampden County Sheriff 19 Department's logo on it. How is this used? 20 MR. PELOQUIN: That's -- well, I think that's a 21 form that we sign off every year during our annual 22 training that we have had and reviewed our sexual 23 misconduct policy. 24 MR. MCFARLAND: It quotes the sexual assault in 58 1 a correctional setting statute in Massachusetts. 2 MR. PELOQUIN: Right. 3 MR. MCFARLAND: And other than acknowledging 4 that you've read the statute, what else does that 5 signify? 6 MR. PELOQUIN: Can you repeat that? 7 MR. MCFARLAND: I don't think it says anything 8 about we've reviewed the sexual assault policy or 9 anything like that. 10 MR. PELOQUIN: I'm confused then. There might 11 be another form. This is the acknowledgment that we've 12 had the law -- 13 MR. MCFARLAND: Yes. 14 MR. PELOQUIN: -- reviewed, and we're signing 15 off acknowledging that we're aware of the law. There's 16 also, I believe, another form that we sign off that 17 we've reviewed our sexual misconduct policy. So this 18 one might be more specific as to the law itself. 19 MR. MCFARLAND: Sergeant, if a couple of 20 residents were romantically attracted to one another 21 and it was consensual, is there any problem with them, 22 you know, showing some affection towards one another? 23 MR. SLOAT: Yes, there is. 24 MR. MCFARLAND: But isn't consent adequate 59 1 to -- 2 MR. SLOAT: No, not in a correctional setting. 3 It's considered sexual misconduct among residents, and 4 a report would be written on that and it would be 5 referred to my superiors, and they'd be returned to 6 higher security or we'd be sitting down and explaining 7 the rules to them. And obviously if they were in a 8 separate area, separate floors -- I don't know if Mark 9 can talk more on that -- but they would definitely be 10 addressed on the issue on that. 11 It would go from either returned to higher 12 security or separated from different areas of the 13 floors. If they're on the same room area, same floor, 14 we'd separate them and give them the -- address them on 15 the issue. It would not be happening. 16 MR. MCFARLAND: And what about staff-on-inmate 17 relationship or fraternization of a romantic nature, is 18 that okay? 19 MR. SLOAT: No. That's what we're signing off 20 on under, I think it's -- I don't know -- Chapter 21. 21 We're signing off on while in custody or incarceration 22 or even escorts contracted, no sexual misconduct. 23 MR. MCFARLAND: When do you discuss that with 24 your staff, if at all? 60 1 MR. SLOAT: That is, obviously, our 16-hour 2 manual training; it's reviewed every year. Reviewed on 3 signing off policy and procedures and protocols every 4 year too. 5 MR. MCFARLAND: What about at these unit 6 meetings, is there any discussion of sexual assault or 7 sexual misconduct at those? You have -- are you part 8 of a unit meeting, Sergeant? 9 MR. SLOAT: Roll calls, shift roll calls. Yes, 10 we review policy. I review trainings with the officers 11 on the shift and that is -- that is reviewed every 12 year. 13 MR. MCFARLAND: Once a year. Is there -- have 14 you been a part of a unit meeting or a postbriefing -- 15 is there a difference? A unit meeting is with the 16 residents? 17 MR. SLOAT: Yes. 18 MR. MCFARLAND: And a postbriefing would be 19 with the next shift? 20 MR. SLOAT: Yes. My shift. 21 MR. MCFARLAND: Okay. With respect to the 22 latter, is there any discussion -- when's the last time 23 there was any discussion about what -- about sexual 24 assault policy or protocol at a postbriefing, a shift 61 1 change? 2 MR. SLOAT: Possibly -- I can't recall if I've 3 done one, but like other supervisors might have done 4 one within a year. But I know during our manual 5 training, it has been reviewed and signed off on. 6 MR. MCFARLAND: It happens annually. Does it 7 happen any more often than annually? 8 MR. PELOQUIN: Yes. And very frequently -- I 9 don't know if there's a set schedule -- John Kenney, 10 who will be speaking to you later, puts out a memo 11 reminding staff of the policy. So it's sent to all 12 supervisors and it's for roll call specifically, to be 13 gone over at every single roll call that we have during 14 that time frame. So it's another reminder, another 15 layer of the awareness of the sexual misconduct policy. 16 MR. MCFARLAND: And roll call involves who? 17 MR. PELOQUIN: The shift -- the security staff 18 or, and there are other roll calls in our facility or 19 unit meetings for those nonuniformed staff as well. So 20 any of these notices that come out come out to all 21 supervisors, not particularly uniformed staff but all 22 supervisors. So when that memo goes out, it's 23 discussed amongst all staff. 24 MR. MCFARLAND: Okay. So we should ask 62 1 Mr. Kenney about the -- 2 MR. PELOQUIN: Correct. 3 MR. MCFARLAND: -- how frequent that happens. 4 I'm just curious from your perspective as chief of 5 security, how often you -- how often your staff are 6 reminded other than on an annual training basis? 7 MR. PELOQUIN: If I can remember correctly, I 8 think over the last few years it's been every couple 9 months that that notice will come out and it's gone 10 over with all the staff. 11 MR. MCFARLAND: And what's the notice say? 12 MR. PELOQUIN: Reminder of the law and our 13 policy. 14 MR. MURPHY: We do have it documented on the 15 roll call clipboard. So they'll have post assignments, 16 wellness checks, supervisor checks, and then roll call 17 topics, and I do concur with both of them that we have, 18 in the past year, we have reviewed that at roll calls. 19 I get the e-mails, all supervisors get the e-mails, and 20 we review at roll calls with all shifts. Security I 21 can only speak to, but 8 to 4 shift, 4 to 12 shift, and 22 12 to 8 shift. 23 MR. MCFARLAND: Sergeant, if you could scoot 24 the microphone a little closer to your mouth, I want to 63 1 make sure that she's able to pick up everything. 2 MS. ELLIS: This is the resident manual that 3 every resident receives a copy of. What -- how current 4 is this? Oh, I see, '02. 2002 is the latest? 5 MR. MURPHY: It should have been updated. 6 MR. PELOQUIN: I think there's twenty pages 7 left for the update. 8 MS. ELLIS: So you're working on an update. 9 Will that update contain any information about PREA, 10 any information provided to residents? 11 MR. PELOQUIN: I think based on this -- this 12 format, we've -- the director and I have discussed 13 maybe elaborating more on some of those issues, what 14 systems we have in place, but as of yet we haven't made 15 a decision. 16 MS. ELLIS: I see. Now, you list here a number 17 of infractions, and one of them is sexual misconduct. 18 And right under that, one is interfering with a staff 19 member. What does that mean? Is that also associated 20 with sexual misconduct? 21 MR. PELOQUIN: No. I think -- the definitions 22 of each are probably in the following pages. 23 MS. ELLIS: I looked back for that. 24 MR. PELOQUIN: It should be. If it's not -- 64 1 but interfering with a staff member is just any, in my 2 view, unless I'm wrong, is anything that would 3 interfere with the normal operations of his duties. If 4 he has to stop and address you on an issue. I think 5 the definitions should read something similar to that. 6 MR. MCFARLAND: Maybe we're missing some pages. 7 MR. MURPHY: Page 44. 8 MR. MCFARLAND: Page 39, is it, the definition 9 of sexual misconduct, A29. And I think there are a 10 couple of typos here, and I'm not trying to be funny, 11 but the third sentence says, "A resident commits sexual 12 misconduct when his or her sexual behavior becomes a 13 treat to him or herself." I think it's "threat"; is 14 that right? Is that right? 15 MR. PELOQUIN: It's -- that's what it says. 16 MR. MURPHY: That's a typo. 17 MR. MCFARLAND: Would this be something you'd 18 want to consider changing? 19 MR. PELOQUIN: Absolutely. It should be the 20 word "threat." 21 MR. MCFARLAND: And also, "Sexual conduct means 22 the toughing of the sexual and other intimate parts." 23 I assume that's "touching"? 24 MR. PELOQUIN: Should be touching, yes. 65 1 MS. ELLIS: So an update is in -- 2 MR. MURPHY: In order, today actually. 3 MR. MCFARLAND: Is there anything in the 4 orientation of your residents that addresses sexual 5 assault specifically? I understand they're told about 6 grievances, right? 7 MR. PELOQUIN: Correct. 8 MR. MCFARLAND: But are they told about: And 9 specifically if you have a grievance about sexual 10 misconduct by a staff or by inmates, here's the law, 11 here's the -- here are the rules, and here's what to do 12 about it and how to report it? 13 MR. PELOQUIN: Not specifically but that is, 14 again, one of those issues that we've been discussing 15 on how to better inform the residents. 16 MR. MURPHY: What I can tell you is when I do 17 responsibilities and expectations, I do explain to them 18 their responsibilities in regards to male/female 19 interaction. I do tell them if there are any issues 20 with staff, with staff members, there's a grievance 21 process, and basically I don't get into any real detail 22 as far as if you're sexually assaulted or if -- there's 23 no detail that's given. Basically, I let them know 24 that there is a process, grievance process, if, in 66 1 fact, they had any issues. 2 MR. MCFARLAND: Well, if, you know, all of 3 these folks or many of them are coming here from other 4 institutions, right? 5 MR. MURPHY: Fair to say, yeah. We have five 6 counties. 7 MR. MCFARLAND: Five counties feeding this 8 facility, right? 9 MR. MURPHY: That's right. 10 MR. MCFARLAND: And it's quite possible that 11 some of these facilities, they're not as -- as 12 progressive as your facility on sexual assault or other 13 areas, and they -- these residents may think that 14 fraternization with staff is a part of life and that's 15 how you survive, that's how you get what you want, 16 that's how you get contraband, that's how the game is 17 played. 18 And so why is it that nothing is said to 19 residents about staff sexual misconduct is a felony, 20 and we take it very seriously? You don't have to put 21 up with it and we won't put up with it ourselves. Why 22 -- I'm just -- what -- Mr. Peloquin, why -- why is 23 nothing said to a resident about that? Is it just 24 assumed that they're going to know this is a different 67 1 place, they've died and gone to heaven and they're not 2 going to have any problems? 3 MR. PELOQUIN: No. I don't see that as the 4 answer to the question. I just think that our 5 approach, I guess, in general, of any issues I think, 6 we're looking at not just specifically sexual assault 7 or any assaults or any issues that you would have, 8 there's a process for reporting it. So I don't think 9 we're specifically labeling sexual assault and giving 10 them the definition, just as we, you know, we -- we 11 want to know if something is happening and here's your 12 avenue to report it. We're not addressing sexual 13 assault specifically. 14 MR. MCFARLAND: Do you think it's a good idea 15 to do so? 16 MR. PELOQUIN: You know, depending on the 17 circumstances and then where do we go -- where do we 18 break down all the other instances, how about simple 19 assault, how about -- I mean, do we need to go over 20 every single one. I think it's an issue that's 21 definitely got us speaking that we need to look into 22 better avenues for residents to address any of these 23 issues. And reviewing our own policy, I think we've 24 done that. We're looking into that. 68 1 MR. MCFARLAND: Well, what other statutes do 2 you have to sign annually? 3 MR. PELOQUIN: I don't believe I have to. 4 MR. MCFARLAND: So why are you picking out 5 sexual misconduct as something that every staff member 6 has to sign every year? Because it's darn important, 7 right? 8 MR. PELOQUIN: Absolutely. 9 MR. MCFARLAND: So the same might be true of 10 residents? 11 MR. PELOQUIN: Excuse me? 12 MR. MCFARLAND: So the same might be true for 13 the residents. There are some things that might be 14 particularly worth specifically addressing even as you 15 do with your staff so -- with your residents? 16 MR. PELOQUIN: I think the motivation for that, 17 though, is quite different for signing off on that 18 policy. And I understand what you're saying about do 19 you think it's important. I want you to know that I 20 think it is very important, but as far as being 21 specific of targeting sexual assault or misconduct, I 22 think we're open to suggestions of ways to address it 23 with the residents, but I'm not sure what -- when 24 you're speaking of that document that the staff have to 69 1 sign, I don't know if you're putting the two -- I'm not 2 following you, I don't think, on the significance of 3 staff signing that document and not explaining the laws 4 to the residents. 5 MR. MCFARLAND: Well, I'm just wondering why is 6 it that you feel it's important enough, the area of 7 sexual misconduct by staff on inmates, is important 8 enough to have everybody on your staff sign this every 9 year and yet it's the -- you don't tell the inmates 10 that they don't have to put up with this? 11 MR. PELOQUIN: I don't know that I have an 12 answer for you. 13 MR. MURPHY: I think it's something we can 14 explore. We can take a look at, I'm sure. 15 MS. ELLIS: I would think in terms of your 16 whole philosophy and approach of openness and honesty 17 and respect and dignity, that individual rights for 18 residents would be paramount, particularly in terms of 19 sexual assault, as you deal with trauma in the lives in 20 the people that you provide service for, that this is a 21 significant issue both for people incarcerated and the 22 free world. We deal with it on a daily basis in terms 23 of sexual assault, and we are working toward -- we are 24 working toward remedies and ways of preventing that 70 1 type of behavior and we also are working on ways to 2 support victims of those kinds of crimes to a great 3 extent. And being advised of one's rights in terms of 4 victimization is so important to long-term recovery. 5 So I am a bit amazed based on everything that 6 we have seen in your facility and everything that you 7 have espoused regarding your philosophy and your way of 8 addressing, your approach to your facility, I'm a bit 9 amazed that perhaps you are not as aggressive on this 10 issue as you are on so many others. 11 MS. CHUNN: I'd like to turn the conversation a 12 minute to your escort program. How do you make sure 13 that there is no victimization by escorts who may have 14 your people away from the facility? 15 MR. MURPHY: What we try to do with escorts is 16 we have them -- no one-on-one escorts. We don't allow 17 one-on-one escorts. We have -- if an escort wants to 18 take someone out, we have more than one resident going 19 out with a particular escort. Hopefully that will cut 20 down on any allegations or any issues regarding 21 misconduct. The other thing, too, is the escorts, 22 within the last year or two, we've been able to BOP the 23 escorts. So we've done a background check on them -- 24 MR. MCFARLAND: BOP? You BOP -- 71 1 MR. MURPHY: We do a -- 2 MR. PELOQUIN: Run a criminal history. 3 MR. MURPHY: Run a criminal history -- Board of 4 Probation -- on the escorts. And so we got to -- we 5 get to know the residents, the escorts. We get to know 6 them. As the deputy had said prior, we have 7 residents -- we have staff members that are familiar 8 with Alcoholics Anonymous where a big pool of our -- 9 where our pool of escorts comes from. So they -- they 10 know -- they get a feeling of who they are, what 11 they're all about. 12 I'm sure not all our staff know the 13 background-specific history of each escort, but I think 14 knowing that person, doing a background check on them, 15 and getting to see what their -- you know, what they're 16 about in taking the residents out gives us a better 17 sense of who's going out the door with our residents. 18 MS. CHUNN: I see you've got an impressive 19 number of escorts and some are church affiliated; is 20 that correct? 21 MR. PELOQUIN: Correct. 22 MS. CHUNN: And if they generally don't go 23 alone and I want to go to the First Baptist Church 24 somewhere downtown and somebody else that was going to 72 1 go can't go or is sick or has an infraction and is 2 confined to the facility or what have you, does that 3 mean I can't go then because I'm the only one going 4 with an escort? 5 MR. PELOQUIN: If we run into that situation, 6 we would, at times, have done that, yes. We'd cancel 7 the trip. But we also, just so you know, we do have 8 alternative -- alternates on a list just in case that 9 would happen, because we don't want our escorts who 10 come in and give their time to be inconvenienced in 11 that way. So we'll have a backup list just in case 12 that would happen. That's one of the reasons we have 13 it. 14 MR. MCFARLAND: Is there any problem if an 15 escort becomes romantically involved with a resident? 16 MR. PELOQUIN: There's absolutely a problem. 17 All the escorts that come into the facility are, number 18 one, screened, and the rules of the center along with 19 that form as well are explained to them and they sign 20 off. 21 MR. MCFARLAND: That form being the sexual -- 22 MR. PELOQUIN: Correct. 23 MR. MCFARLAND: -- misconduct acknowledgment? 24 MR. PELOQUIN: Correct. 73 1 MR. MCFARLAND: Are they required to sign it? 2 MR. PELOQUIN: Yes. 3 MR. MCFARLAND: Every year? 4 MR. PELOQUIN: Yes. 5 MR. MCFARLAND: And do they get trained on 6 sexual assault? 7 MR. PELOQUIN: They're briefed with our escort 8 liaison about our rules and the law. And if they're 9 going to volunteer their time, they need to be made 10 aware of that. 11 MR. MCFARLAND: And just for the record, we 12 were handed a pamphlet dated August of '06 entitled 13 "Western Massachusetts Correctional Alcohol Center 14 Escort Program: Guide for Escorts." Is this accurate 15 or do I need to ask another witness? 16 MR. PELOQUIN: I'm -- I didn't put that 17 pamphlet together. So I'm not as familiar with it. So 18 I don't -- 19 MR. MCFARLAND: All right. Well, we'll ask 20 Mr. Kelleher, whose name is on it, about that. Let's 21 talk about -- oh, I didn't see a single poster anywhere 22 in the facility that said anything about sexual 23 misconduct by staff or sexual relationships between 24 inmates. Are you aware of any kind of, you know, 74 1 posters or advertising that clarifies for the residents 2 what they do and don't have to submit to? 3 MR. MURPHY: The only thing we have posted is 4 the resident's responsibility in regards to sexual 5 misconduct. It should be posted on the board, on the 6 bulletin board, on the floors. But in regards to 7 posters, no, I'm not -- I'm not aware that we do have 8 any poster. 9 But, again, I think -- I think what I'd like to 10 say, too, is I don't think we're opposed to, I think, 11 you know -- I mean, this is information gathering for 12 us too and, you know, we want to learn as much as we 13 can. So whatever we learn from this forum, I'm sure 14 we'll be taking back with the director and assistant 15 director to review it. We're open to it. 16 MR. MCFARLAND: Are there plans -- maybe this 17 has already been asked, but are there plans to amend 18 your -- any video, do you have a video orientation for 19 your residents? 20 MR. PELOQUIN: No. It's all staff-directed, in 21 person. 22 MR. MCFARLAND: Verbal or in person? 23 MR. PELOQUIN: Correct. 24 MR. MCFARLAND: And so you're thinking about or 75 1 considering adding to that the list of things -- the 2 curriculum that's discussed at orientation, something 3 about sexual assault? 4 MR. PELOQUIN: Correct. 5 MR. MCFARLAND: For what it's worth, the other 6 facility in the country that we had a hearing about 7 that's one of the best along with yours, Northwest Ohio 8 Regional Jail, they have a seven-minute video on the 9 subject that runs twice a day in every cell block. I 10 mean, the inmates I spoke with have memorized every 11 word of it, and it might -- you might consider 12 something because right now you have a facility that 13 is, you know, according to the inmates through a 14 confidential survey, nothing has happened, nothing is 15 broken. And so it's just a little bit amazing that 16 there's nothing. I'd like to believe that's because 17 nothing is happening as opposed to there is a culture 18 of silence. 19 Can we ask about whether -- what percentage of 20 your staff, both support and security, are recovering 21 alcoholics? You mentioned that some of them are. 22 MR. PELOQUIN: I don't have a percentage. I 23 know that, you know, because -- specifically because of 24 the nature of the programming -- 76 1 MR. MURPHY: Anonymity. 2 MR. PELOQUIN: But there are -- there are -- 3 whether they're in security or nonuniformed staff. I 4 don't have a number. 5 MR. MCFARLAND: So you became aware of it how? 6 MR. PELOQUIN: Self-disclosure, any staff 7 member that is in recovery themselves that have come 8 out and let that out on their own. 9 MR. MCFARLAND: So you don't ask about it in 10 the hiring process? 11 MR. PELOQUIN: No. 12 MR. MURPHY: They may disclose it at the hiring 13 process. 14 MR. PELOQUIN: It's not a specific question 15 that we're asking during an interview process. 16 MR. MCFARLAND: Also, in interviews do you ask 17 about sexual orientation of your staff? 18 MR. PELOQUIN: No. 19 MR. MCFARLAND: Do you think that's relevant to 20 prevention of sexual assault? 21 MR. MURPHY: No, I don't think it's relevant. 22 MR. PELOQUIN: I don't think -- I mean, that's 23 my opinion. I don't see where it would play in. 24 MR. MCFARLAND: Have you received any education 77 1 or training about any -- about the profile of a sexual 2 predator or a sexual victim, sexual assault victim, in 3 a correctional setting? Have any of you received that 4 kind of training: These are the characteristics of 5 someone who is more likely than the average inmate to 6 be subjected to sexual assault or to perpetrate it? 7 How about start with you, Sergeant Sloat. 8 MR. SLOAT: No, I haven't. 9 MR. MCFARLAND: And Captain? 10 MR. MURPHY: No, I haven't. 11 MR. PELOQUIN: Not specifically. I know that 12 we do have -- they're called biweekly trainings where 13 staff are given various topics. Not specifically do I 14 remember one on that but I'm pretty sure somewhere 15 along the years there's been that topic discussed, yes. 16 I don't remember specifically attending that training. 17 MR. MCFARLAND: So as far as you representing 18 the security staff, you don't know what -- what to look 19 for, what are the red flags, who are the folks who 20 might be more at risk of being a predator or a victim 21 of sexual assault; is that correct? 22 MR. MURPHY: I would concur with Colleen 23 Stocks, as you had met. Colleen Stocks, you had met 24 her yesterday -- 78 1 MR. MCFARLAND: She's the classification 2 officer? 3 MR. MURPHY: She is -- I can't think of her 4 specific title. 5 MR. PELOQUIN: Clinical supervisor. 6 MR. MCFARLAND: Oh, I'm sorry, clinical/mental 7 health profession, yeah. 8 MR. MURPHY: So, I mean, we talk. We discuss, 9 you know, case-by-case issues. I look to her for any 10 direction or feedback. I think just the information 11 that I've received over the years, you know, with - 12 would give me more information about a predator or 13 someone that would be likely to be a victim. 14 MR. MCFARLAND: Okay. What's your 15 understanding, Captain, of what are the characteristics 16 of a sexual assault predator? 17 MR. MURPHY: Basically, somebody that has been 18 sexually abused in the past. You know, you try to take 19 a look at, you know, take a look at the individual. 20 That's basically the information that I have that would 21 -- and I don't want to -- I wouldn't want to say 22 profile someone but would give me a little more 23 information about potential. 24 MR. MCFARLAND: What information, whether you 79 1 get it or not now, what information do you think is 2 relevant to your providing better security in sexual 3 assault on your residents? What information would you 4 like to know, do you think is relevant? Whether you 5 presently get it or not, what would you like to have? 6 MR. MURPHY: I think any prior -- you know, I 7 know we had that discussion in classification. I think 8 any prior information relating to a sexual assault, I 9 think that information is helpful to us as far as 10 security, any sexual -- sex offense charges. 11 MR. MCFARLAND: Well, they can't be there if 12 they've had a sex offense, right? 13 MR. MURPHY: Right. So any of that information 14 would be helpful. 15 MR. PELOQUIN: I think we'd all be open to -- 16 we're all trained to look for, in our environment 17 especially, we know when something is not right, and 18 I'm not being specific on sexual assault. When 19 someone's had a bad phone call, when someone's had a 20 bad visit, what their personality has shown us or what 21 level of change. And if we feel there's something 22 wrong, it's in a climate report. It's referred to our 23 forensic staff or our counselor to check in with this 24 individual. I think we would all be open to any kind 80 1 of training where you can list what a predator's traits 2 are, what we can look for, what we need to be aware of 3 and, as well, any victim, what we should be looking 4 for. 5 But as specific right now as far as training 6 for any of us, our eyes are open to any kind of change 7 that we see in any of our residents where there might 8 be a problem that we need to address. So, yes, I think 9 all -- I think our entire department would be open to 10 any kind of training, which we -- we're always looking 11 for more training, to look for the signs of a predator 12 and what to look for in a correctional environment. 13 MR. MCFARLAND: And especially for a new 14 arrival who you don't know well enough -- 15 MR. PELOQUIN: Correct. 16 MR. MCFARLAND: -- to tell whether they've had 17 a bad day or whether they got raped the last night they 18 were in Ludlow. 19 MR. PELOQUIN: Correct. 20 MS. CHUNN: You know, I know you're ACA 21 accredited, so I know you have an annual requirement 22 for training. How do you determine the topics that are 23 going to be included in that training, because I know 24 you've been accredited for a number of years, which 81 1 means you are beyond some of the basic requirements 2 that are set forth in the standards? So tell me how 3 you use that required number of hours in terms of what 4 you cover that's a current issue. 5 MR. PELOQUIN: We look for, again, the minimums 6 that you need to have in those specific areas, and then 7 our facility is geared on the treatment portion. So 8 any other specific trainings that, you know, are 9 involved in the treatment, you know, we add those to 10 our yearly annual trainings. 11 MS. CHUNN: And do you see this whole issue of 12 sexual victimization and sexual abuse/assault as being 13 a part of the treatment meliorism? 14 MR. PELOQUIN: There's a portion of it right 15 now. We have counseling staff that treat the 16 residents. I think we'd be all open to more staff 17 training. There are some staff members that have 18 specific training based on possibly prior jobs, prior 19 job training, prior specific training, but we're open 20 to any of that. We're open to any of that type of 21 training. 22 MS. ELLIS: One of the characteristics 23 associated with an individual vulnerable to sexual 24 assault happens to be sexual identification, sexual 82 1 orientation. Would you think that might be an 2 important question to ask or to have information about? 3 Also, would you think that it might be important to 4 determine whether or not an individual is a 5 transgender? And to that I would also ask what has 6 been your experience in your facility with working with 7 transgenders or has that been in your experience? 8 MR. PELOQUIN: I think we've had instances in 9 the past. I think we -- specifically I would like to 10 know and especially if it's, you know, someone who is 11 on the predator's list, I think that information should 12 be obvious if that's -- if that's something that a 13 predator is going to be looking for. But I think we, 14 without asking the questions, staff know residents, 15 whether they disclose or not. So we've had issues in 16 the past to keep an eye on anyone that might be picked 17 on, whether it's because of his sexual preference or 18 because of his size or because of his -- just his own 19 persona. But yes, I think we would -- we'd be open to 20 that. 21 MR. MURPHY: I think the other thing, too, is 22 the director had said yesterday that the residents that 23 -- maybe their sexual preference, maybe they're 24 homosexual, they're up on the floors and they're 83 1 flamboyant, I think they're addressed accordingly, 2 disciplinary. We address it, you know, with the 3 individual, and it has nothing to do with his sexual 4 preference. It has everything to do with his behavior. 5 The flamboyancy, maybe he's strutting down the 6 hall, a sexually suggestive demeanor or verbiage or, 7 you know, whatever you have there, we pull him right 8 in. We address it. It's behavior. It's disciplinary 9 if it continues. So that's the environment we try to 10 create. 11 MS. ELLIS: Are there individuals on the staff 12 who are homosexuals? 13 MR. MURPHY: I couldn't tell you that. 14 MR. MCFARLAND: Let me ask about turnover on -- 15 among the correctional officers. How often do you lose 16 officers from transfer or retirement? 17 MR. MURPHY: Recently we had the women's 18 facility -- a new women's correctional facility, so 19 there was some turnover there. We had approximately 20 maybe two correctional officers that had transferred to 21 the women's correctional facility. I think it just -- 22 the turnover departmentwide, it's good that we're such 23 a large organization that, you know, positions open up, 24 and, you know, hopefully we're cultivating our staff to 84 1 try to move to the next level. So we've had another 2 supervisor move to the main facility in the criminal 3 investigation unit. He was on the 12 to 8 shift. So, 4 you know, I don't know, I would say in the last year, 5 we maybe had three, possibly four maybe in the last 6 year and a half. 7 MR. MCFARLAND: In your experience, 8 Mr. Peloquin, from your 21 years, does your facility 9 have a higher than normal or a lower than normal 10 turnover rate among staff? 11 MR. PELOQUIN: I would say we're probably lower 12 than normal. Anyone that comes to work in our facility 13 specifically, especially security staff, all have to 14 interview to come into our facility, but it's not a 15 postassignment where you would rotate to. You would 16 have to interview to come down into this -- the 17 environment because it's so unique and we want the 18 right security staff that believe in the philosophy. 19 So it's one of the screenings that we have. 20 So I would say it's probably lower than normal 21 based on that. 22 MR. MCFARLAND: It seems like it's a pretty 23 pleasant environment to work in, especially given the 24 fact that you're still in corrections. Is it your 85 1 experience that this is considered a pretty -- pretty 2 nice assignment, not -- low risk, low danger? I mean, 3 these are minimum security. They're -- you don't have 4 any gun criminals. They're mostly substance abuse 5 problems. 6 Sergeant, do you consider it to be a kind of a 7 plum job or no? 8 MR. SLOAT: I've always said to my officers: 9 Expect the unexpected. You never know what an 10 individual can react to or change to. 11 MR. MCFARLAND: Have you been assaulted? 12 MR. SLOAT: No, I haven't. 13 MR. MCFARLAND: Captain? 14 MR. MURPHY: Well, within the last couple 15 years, there was a fight in a dining hall where an 16 inmate hit another inmate with a tray and, you know, we 17 took the resident down. I, through taking him down, I 18 injured my knee. So, I mean, it wasn't an assault on 19 me. I can't think -- I don't know the last time that 20 something like that even happened down there. I 21 couldn't tell you. 22 I mean, we've had some -- an inmate maybe throw 23 a laundry cart, throw a pot, a plant. So I think when 24 I came down to the correctional center two and a half 86 1 years ago, throwing a pot or throwing a laundry cart or 2 even just a fight, hitting someone over the head with a 3 tray wasn't -- it wasn't really traumatic. I mean, you 4 know, so I think the environment, yes, you're probably 5 less likely to have to deal with more serious stuff. 6 MS. ELLIS: Within the facility, some employees 7 are officers, are sworn officers, correct? 8 MR. MURPHY: That's right. 9 MS. ELLIS: Other employees are support staff, 10 as you indicated, support staff and security staff. 11 And security staff, are those individuals who are 12 sworn? 13 MR. PELOQUIN: No. I think there are only a 14 few job assignments inside the facility where there 15 aren't sworn officers. There are those that wear 16 uniforms, but our counselors and case managers and unit 17 managers have all been through the academy alongside 18 the correctional staff. So once they've -- they've all 19 gone through the same academy, they're considered sworn 20 officers. 21 Their job title may be correctional officer or 22 counselor or case manager, but I don't know if that 23 answers the question. 24 MS. ELLIS: It does answer the question because 87 1 my follow-up question would have been: Who has the 2 ultimate authority regarding safety within the 3 facility? 4 MR. PELOQUIN: I would say all staff. I don't 5 think it's designated security staff or treatment 6 staff. All our staff work along that goal. 7 MS. ELLIS: That's important that someone has 8 the ultimate say in terms of the overall safety of both 9 residents and staff within your -- within your 10 facility, but I can see that that would not present a 11 problem as everyone is sworn to a great extent. 12 MR. MCFARLAND: Is there cross-gender 13 supervision at your facility? 14 MR. MURPHY: Yes, there is. 15 MR. MCFARLAND: Now, can a male CO work in the 16 female unit? 17 MR. MURPHY: Yes, they can. 18 MR. MCFARLAND: And vice versa? 19 MR. PELOQUIN: Correct. 20 MR. MURPHY: Yes. 21 MR. MCFARLAND: Does that raise any concern for 22 you from a security or in a sexual assault standpoint? 23 MR. MURPHY: No. I have complete confidence in 24 our staff that they're professional and that they 88 1 conduct themselves professionally. 2 MR. MCFARLAND: Well, and that's only half -- 3 part of the question. I have no doubt that that's the 4 case but that doesn't mean that they can't be falsely 5 accused. So why is it that you don't segregate by 6 gender, your staff, so that there's less likelihood of 7 an allegation that this male officer was overly 8 thorough in his pat-down? 9 MR. MURPHY: Oh, actually, we don't have male 10 officers pat search female residents. 11 MR. MCFARLAND: How about vice versa? 12 MR. MURPHY: And vice versa, we don't. 13 MR. MCFARLAND: Why is that? 14 MR. MURPHY: Well, number one, it opens 15 yourself up to liability but, you know, I just think 16 that it's a good practice. 17 MR. MCFARLAND: I agree. Now, you were 18 explaining to me yesterday when somebody comes back 19 from the community, just for the record, just tell us 20 how you determine whether the level of pat-down or 21 scrutiny they're given. 22 MR. MURPHY: Well, actually, what they'll do is 23 they'll pick a card and depending upon the card that 24 they pick is the course of action that we'll take in 89 1 regards to a pat search. So if they pull the shoe, 2 they take the shoes off and we check their shoes. If 3 they -- 4 MR. MCFARLAND: If they pull a hand, then it's 5 a pat-down? 6 MR. MURPHY: If they pull a hand, it's a 7 pat-down. If they pull the shirt, they would have to, 8 in the men's bathroom or the women's bathroom, 9 depending upon the gender, we would have them strip 10 down to their underwear. 11 MR. MCFARLAND: And I take it that this is an 12 exception, the latter is an exception to the 13 cross-gender supervision; you have to be the same sex 14 officer to -- 15 MR. MURPHY: That's right. 16 MR. PELOQUIN: Correct. 17 MR. MCFARLAND: What about strip searches? 18 MR. MURPHY: We don't do strip searches. 19 MR. MCFARLAND: No body cavity searches? 20 MR. MURPHY: No body cavity searches. 21 MR. MCFARLAND: Ever? 22 MR. MURPHY: Ever. 23 MR. MCFARLAND: What if you have a reasonable 24 suspicion to believe that a person has a balloon in an 90 1 orifice? 2 MR. MURPHY: If I had reason to believe that 3 someone had a balloon, we would make arrangements. We 4 would isolate them, have an officer stand with them. 5 We have a camera in the classification area. We'd have 6 them sit down, monitor them, and we would take the 7 necessary steps, notification of the main facility, let 8 them know that we'd be transporting them back to the 9 main facility. We'd put them on a one-on-one watch. 10 Assistant Superintendent Kenney would be notified at 11 the main facility and criminal investigation unit would 12 be notified. 13 MR. MCFARLAND: All that just on the basis of a 14 reasonable suspicion but without a body cavity search? 15 MR. PELOQUIN: Correct. 16 MR. MURPHY: That's right. 17 MR. MCFARLAND: Why isn't that you just won't 18 -- if you have a reasonable suspicion, just take them 19 into the restroom and -- 20 MR. MURPHY: That's not our practice. 21 MR. MCFARLAND: Well, that's not the 22 explanation. That's -- 23 MR. MURPHY: That's not the right thing to do. 24 MR. PELOQUIN: I think it's just our 91 1 environment based on our level of security. Should 2 something go awry in that situation, we want to be 3 prepared. So that -- the way to do that is behind the 4 walls where the level of security is heightened. So 5 depending on what the contraband may be, and the only 6 one that could authorize that would be the director and 7 his direction to us in that instance would -- we're 8 going to return him to higher security where the level 9 of security is higher. So if you have to deal with an 10 issue, you know, during that search, you're in the 11 appropriate area to do that. 12 MR. MURPHY: We want to make sure that they're 13 safe also. So we have the officer in case the balloon 14 opens up while it was in. 15 MR. MCFARLAND: Is contraband an issue at your 16 facility? 17 MR. PELOQUIN: We've gone through periods of 18 time where -- 19 MR. MCFARLAND: You were nodding your head. Is 20 that yes? 21 MR. PELOQUIN: Well, yeah. We're not ignorant 22 to the fact that we have -- we're a minimum security 23 environment where we pat search folks coming through 24 the door, at the least, and some get clothing searches, 92 1 some get their shoes searched, but there's a level of 2 trust for them to be in that environment. But, you 3 know, we are not ignorant to the fact that contraband 4 enters our facility. Tobacco is contraband in our 5 facility, and we deal with that on a semiregular basis, 6 whether it's stored in other areas or on persons' 7 bodies. Or any other illegal narcotics that have been 8 in our facility before, we deal with as contraband 9 also. 10 MR. MCFARLAND: Ever found any weapons, shanks? 11 MR. PELOQUIN: You know what, I think we've 12 never found anything other than a tattoo gun in the six 13 years -- six and a half years that I've been there. We 14 have found illegal narcotics in the building, tobacco, 15 which is another -- it's not illegal but it's 16 contraband for our issue -- our facility. 17 MR. MCFARLAND: Captain, have you ever, or, 18 Sergeant, have you come across any -- any weapons? 19 MR. MURPHY: Dangerous contraband could be 20 considered a razor blade that's taken out of a razor. 21 We've had a couple people within the last couple years. 22 It's considered dangerous contraband. What they do is 23 they try to align each other's hair up there but, 24 again, that's -- comes back to orientation, comes back 93 1 to, you know, addressing it through the disciplinary 2 process. 3 MS. CHUNN: Is it safe to say that pretty much 4 hand pick the staff that work in -- pretty much hand 5 pick the residents who come into the facility? How do 6 you assure that the feeders jails do not dump on you, 7 people who may have presenting -- presenting 8 convictions but may have other things in their personal 9 history or in their backgrounds that might create a 10 problem? And when you do -- this is a long question -- 11 and when you do do that, what action do you take 12 initially during the early three-week period? 13 MR. PELOQUIN: I think that Tom Connor, who 14 will be one of your panelists later on, will -- could 15 give you a lot more background in the classification 16 process and how they're screened, especially working 17 with the other counties. So I won't answer that as an 18 expert but I can tell you that they're looked at, their 19 histories are looked at. 20 MS. CHUNN: Okay. But what you have is a 21 seamless service between your custody staff and your 22 program staff, and it seems to me that your staff are 23 primarily responsible for the day-to-day observation of 24 what's going on. So it would seem to me that you would 94 1 see first the evidence that perhaps we've not made the 2 right fit here. So I want to know from your 3 perspective, after people have been accepted as 4 residents, then what happens when you realize maybe the 5 person isn't the right fit and what steps do you take? 6 MR. PELOQUIN: Once they've been classified to 7 come into our facility and, again, they're given that 8 time frame before they can actually go out to the 9 community, they're going to meet with the unit staff, 10 their counselors, their case managers. Any issues that 11 arise throughout that classification process are going 12 to be dealt with within that first 21 days. So if the 13 person isn't a fit, whether it be through his own 14 admission that: I'm not going to work out in this 15 facility, you know, a decision will be made by the unit 16 staff at that point whether or not that person is a fit 17 for our facility. 18 But it's not usually: I'll come through the 19 door today and I don't want to be here. We're going to 20 send you back. It's not that easy to go back to the 21 facility you came from. You know, we're going to -- it 22 took some time to screen you to get you to our 23 facility. We're going to work with you for a little 24 while before you're going to be able to just, you know, 95 1 defer yourself back to higher security. 2 MR. MCFARLAND: When's the last time any of you 3 did a difficult review or disciplinary process on one 4 of your subordinates? I can back up and ask: Do you, 5 in the course of your duties, do any of you review or 6 are otherwise involved in the discipline of staff? 7 MR. PELOQUIN: Yes. 8 MR. MURPHY: Yes. 9 MR. MCFARLAND: Sergeant? 10 MR. SLOAT: I have not been involved in any 11 disciplinary dealings with my staff at all. 12 MR. MCFARLAND: Now, Mr. Peloquin, what are 13 some of the more serious or difficult staff 14 disciplinary issues that you've experienced there? 15 MR. PELOQUIN: Professional conduct to a point 16 where if someone is going to get a suspension, I mean, 17 they're all difficult. Anything that comes into play 18 where someone's character or his professional conduct 19 is being called to task where he could be facing 20 discipline including a suspension, they're all very 21 difficult to deal with. 22 MR. MCFARLAND: What was the issue in the last 23 one that you dealt with? 24 MR. PELOQUIN: The last one I dealt with was 96 1 someone was suspended for being involved in a motor 2 vehicle accident outside the facility and didn't report 3 it while on duty. It was very difficult. You know, 4 you're looking at someone's livelihood, their actions 5 -- their actions, but to be involved in that and to 6 issue someone a suspension, you know, they're all very 7 difficult. 8 MR. MCFARLAND: How about the next -- the next 9 one before that? 10 MR. PELOQUIN: I think the one before that may 11 have been a reprimand for attendance, dealing with any 12 of those issues. Someone who has a clear pattern of 13 attendance issues. 14 MR. MCFARLAND: Have either you or, Captain, 15 have you had occasion to address a situation of staff 16 being -- for unprofessional conduct at the facility 17 with an inmate, whether it's excessive force, whether 18 it's bad attitude, whether it's romantic flirtation, 19 any kind of infraction? 20 MR. MURPHY: Yeah. We did have -- we had a 21 staff discharged within the -- was that within the last 22 year, was it? 23 MR. MCFARLAND: I can't hear you. 24 MR. MURPHY: It was within the last year we had 97 1 a staff who we had to terminate. 2 MR. MCFARLAND: Why? 3 MR. MURPHY: I don't know if we can -- I really 4 can't get into the particulars of -- 5 MR. PELOQUIN: It was -- 6 MR. MURPHY: -- what happened. 7 MR. MCFARLAND: I'm not asking for the 8 identity. 9 MR. MURPHY: It was a conduct issue. 10 MR. PELOQUIN: For unprofessional conduct. 11 MR. MCFARLAND: Was it sexual in nature? 12 MR. PELOQUIN: No. 13 MR. MURPHY: No. 14 MR. MCFARLAND: So you do have actual cases 15 where you enforce -- 16 MR. MURPHY: Absolutely. 17 MR. MCFARLAND: -- discipline on your staff? 18 MR. PELOQUIN: Sure. 19 MR. MURPHY: And, you know, and, again, I 20 think, you know, I don't know if the -- it's just 21 information. If something happens in there because of 22 the -- I don't know, I mean, partly because of the 23 facility, the size of it, you hear -- you hear 24 everything. I mean, you get -- you get a good sense of 98 1 what's going on. If you don't, then I guess somebody 2 is asleep, but we do -- we're in tune with what's going 3 on there, I think. If information comes forward, we 4 address it. 5 MR. MCFARLAND: Sergeant, I wanted to ask you 6 about, going back to the video cameras, how many of 7 your staff are actually watching the monitors during 8 your shift? 9 MR. SLOAT: Everyone has a monitor at their 10 officer station along with the R1 post except for the 11 female. There's nothing in there at the R1 post. So 12 at some specific time, they are looking at it but not 13 specifically looking at it, a one-on-one thing. They 14 see somebody walk by and they pop up while they're 15 working on other things. Like I said, they're doing 16 rings every fifteen minutes, so they're not really 17 having time to really sit there and totally watch the 18 camera with the other duties they're doing. 19 MR. MCFARLAND: Are the rings staggered? 20 MR. SLOAT: Yes. Every thirty minutes, 21 different intervals. 22 MR. MCFARLAND: So is there always, at one 23 time, supposed to be at least one staff person sitting 24 down at a desk and looking at or -- occasionally 99 1 looking at the monitor? 2 MR. SLOAT: Not necessarily sitting there 3 looking at the monitor because they have other duties 4 to do other than monitoring the camera system. There's 5 wellness checks and other responsibilities on the 6 floor. We do common area searches, health and safety 7 inspections. 8 MR. MCFARLAND: But do you do that during the 9 third shift? 10 MR. SLOAT: Yes. 11 MR. MCFARLAND: Wellness inspections? 12 MR. SLOAT: Health and safety. So it would be 13 checking your fire exits, your fire extinguishers. As 14 you're doing your wellness check, you'd be looking at 15 fire extinguishers and your fire exit lights, your fire 16 equipment, Scott Air-Paks, making sure everything is up 17 to standards. 18 MR. MCFARLAND: Well, I'm just wondering what 19 good the cameras are -- do they record? 20 MR. PELOQUIN: Yes. 21 MR. SLOAT: Yes. 22 MR. MCFARLAND: How long are they archived? 23 MR. PELOQUIN: Twenty-one days, I think, is the 24 average, between 19 to 21 days. 100 1 MR. MCFARLAND: Are they digital? 2 MR. PELOQUIN: Yes. 3 MR. MCFARLAND: And I'm just wondering at -- 4 during your shift, Sergeant, can there be an occasion 5 when nobody is watching the cameras, the monitors? 6 MR. SLOAT: Yes. 7 MR. MCFARLAND: And Captain, with respect to 8 the other two shifts, is your answer the same? 9 MR. MURPHY: Yes. 10 MR. MCFARLAND: So does that give you any 11 concern, Mr. Peloquin, as chief of security? 12 MR. PELOQUIN: Well, I mean, in reality, you 13 have 32 cameras that can't be monitored by one person 14 all the time. The cameras were brought into the 15 facility to add another layer of observation to our 16 minimum security environment. They're a tool that the 17 officer can use. Specifically on the floors from where 18 the officer is situated in his officer station, he has 19 the ability to kind of keep an eye on the floor itself. 20 The post that the sergeant was referring to, R1, is 21 down in central, that person has more of a variety of 22 cameras to view throughout the building, but as far 23 as -- 24 MR. MCFARLAND: Central being the post right 101 1 next to the front door? 2 MR. PELOQUIN: Correct. But the cameras that 3 we have are another layer. They're not a specific post 4 for someone to monitor cameras for movement of 5 residents and to check the facility out throughout the 6 day. 7 MR. MCFARLAND: So just in terms of your -- I'm 8 trying to -- because you have such a good operation, 9 I'm trying to identify best practices. Do you look at 10 cameras as not something for monitoring but rather as 11 something to -- for investigative purposes after the 12 fact? 13 MR. PELOQUIN: That's one of the purposes, yes. 14 And I think it's just another layer of protection for 15 staff and of the residents. 16 MR. MCFARLAND: And do you think that the 17 residents -- do residents know that there can be times 18 when nobody is looking at the cameras? 19 MR. PELOQUIN: I don't think that's something 20 that they -- they're aware of, no. 21 MR. MCFARLAND: Captain? 22 MR. MURPHY: We've had, on occasion, officers 23 monitor cameras. They can make an announcement on the 24 floor and let them know -- if there was an issue in one 102 1 of the bathrooms on the second floor and, you know, the 2 officer -- where the officers station is located, they 3 can use the intercom, and they have in the past used 4 the intercom, and say: Hey, guys on the west end, 5 knock it off, or whatever, you know, stop it. 6 MR. MCFARLAND: So it's instances like that 7 that the cameras can have kind of a prophylactic 8 effect? They don't know whether they're being looked 9 at? 10 MR. MURPHY: Right. So, you know, we encourage 11 -- we encourage the staff to do things like that, think 12 outside. 13 MR. MCFARLAND: Do you have cameras, 14 Mr. Peloquin, in any of the restrooms? 15 MR. PELOQUIN: No. 16 MR. MCFARLAND: So, obviously, not in any of 17 the showers? 18 MR. PELOQUIN: Correct. 19 MR. MCFARLAND: And I think I saw most of the 20 cameras. They're on the hallways? 21 MR. PELOQUIN: Correct. 22 MR. MCFARLAND: Couple in the kitchen? 23 MR. PELOQUIN: Correct. 24 MR. MCFARLAND: Two in the fitness center? 103 1 MR. PELOQUIN: Correct. 2 MR. MCFARLAND: A few in the stairwells? 3 MR. PELOQUIN: Correct. 4 MR. MCFARLAND: Are those -- are any of them 5 fish-eye lenses? 6 MR. PELOQUIN: Meaning? I'm not familiar with 7 that term. 8 MR. MCFARLAND: Meaning if you have one in the 9 ceiling, you can see 360. 10 MR. PELOQUIN: Oh, no. No. 11 MR. MURPHY: No. 12 MR. PELOQUIN: We have -- we have 31 fixed 13 cameras and one that's a pan/tilt/zoom that's in the 14 Hobart Hall that, you know, you can use with your 15 remote to move, but the others are all fixed. 16 MR. MCFARLAND: Have you thought about having, 17 the next time you get a couple more cameras, not 18 telling anybody where they are? 19 MR. PELOQUIN: Well, that would be -- I would 20 love to be able to do that but it would be difficult 21 during the installation process to clear the building 22 out till they're done. But that would be great. 23 MR. MCFARLAND: Well, they could walk out 24 anyway, just give them the day off. 104 1 MS. CHUNN: Is there a reason you don't have 2 them in the bathrooms? 3 MR. PELOQUIN: Privacy issues. I think the 4 layer of security that we're looking for doesn't 5 include that. 6 MR. MCFARLAND: Well, aren't you worried about 7 stuff going on in the showers? 8 MR. PELOQUIN: Oh, absolutely. We're looking 9 -- we have -- we're limited to the number of cameras 10 that we can install. So that was one of the objects 11 that we had to decide where are they going to go. We 12 started with 16 cameras and we have a four-story 13 building to cover all the blind spots that you can see 14 in the building, obviously we don't have them all 15 covered by camera. I don't know if we could do that if 16 we had 100 cameras. 17 MR. MCFARLAND: One thing that I want to put on 18 the record is, and maybe you can confirm this, I was 19 really impressed that there isn't a single resident 20 room that doesn't have a window in the door; is that 21 correct? 22 MR. PELOQUIN: That's correct. 23 MR. MCFARLAND: And there are very, very few 24 rooms, closets, anything, that doesn't have a window in 105 1 the door. 2 MR. PELOQUIN: Correct. For that reason. I 3 mean, we want to be able to observe -- we go so far as 4 to, on our Friday morning inspections, as far as the 5 resident rooms are concerned, that the officer needs to 6 be able to see all residents just by standing in the 7 doorway. 8 So if there's any -- if there's a locker in the 9 way or if a bed is switched to the -- where he can't 10 see the resident's head, you know, we'll do that every 11 Friday. We'll make them switch the room around. They 12 have a little bit of leeway to adjust their room the 13 way they would like, but the officer needs to see all 14 residents from the doorway. 15 MR. SLOAT: If I can back that up too, if we 16 see that on our shift on 12 to 8, we'll make an -- 17 we'll make that -- address that first thing in the 18 morning, or if it's impairable, we'll address it right 19 then and there. 20 MR. MCFARLAND: Address what? 21 MR. SLOAT: If it's being blocked by a blanket 22 or something like that, it would be addressed right 23 away so we're able to see the resident to look for 24 movement and breathing. That's addressed right away. 106 1 MR. MURPHY: It's especially difficult, I 2 think, for the 12 to 8 officers in their tour when 3 they're doing a wellness check to have to lift up, 4 because you got to see, you know, a living breathing 5 flesh, to lift up a blanket or to move something over. 6 I mean, it would just take -- you know, as it is, they 7 have a half hour to do it and it takes 12 minutes to do 8 a wellness check. If they had to stop at every room 9 and let the residents know what we expect as far as the 10 layout of the room, officers want to be able to go in, 11 check, you know, each resident's well-being and then 12 move to the next room. 13 And as you see, there's -- the -- there's quite 14 a few rooms that they have to get to. 15 MS. ELLIS: Have there ever been any episodes 16 of fighting down in the weight room? 17 MR. MURPHY: There was one, I want to say 18 within the last year, where two residents came pretty 19 close and another resident got involved and said: Hey, 20 you guys don't want to do this. Another resident went 21 upstairs and told a staff member that there was an 22 argument downstairs. We went down and pulled both of 23 them out of there, and we deescalated the incident from 24 there. 107 1 So, you know, we've been really fortunate to 2 have, like I said, the residents taking ownership for 3 their area. 4 MS. ELLIS: Typically, how many of the 5 residents occupy the room at one time? How many? 6 MR. MCFARLAND: The fitness room? 7 MS. ELLIS: The fitness room, yes. 8 MR. MURPHY: Oh, in the fitness room, I would 9 say possibly 30 to 40 could be down there at a given 10 time. 11 MS. ELLIS: I see. So there are any number of 12 people down there. And how many cameras are there? 13 MR. PELOQUIN: Two. 14 MR. MURPHY: There's two, yeah. 15 MR. MCFARLAND: Do you have a CO there at the 16 time? 17 MR. PELOQUIN: We need a staff member, 18 especially on different shifts. The 4 to 12 shift may 19 be different. When they call for the unit to go down, 20 there will be someone down there observing. The hours 21 during the day where they'll call them down and let 22 them -- there's less residents in the building. So 23 your numbers are far less than, you know, in the 24 evening hours when a staff member would be down there 108 1 with them. 2 MR. MURPHY: So on the 4 to 12 shift, we'll 3 have the women for the women's unit go down to the 4 recreation area. It's always supervised by a female 5 officer. And the male residents are down there in the 6 afternoon, and it's intermittent and it's through our 7 surveillance cameras. 8 MR. MCFARLAND: Is it ever mixed gender? 9 MR. MURPHY: No, it's not, no. 10 MS. CHUNN: Going back to the bathroom for a 11 second here, given all the myths surrounding what 12 happens to you when you're in jail, bending over with 13 the soap and all that, if you could put cameras in the 14 bathrooms, would you? 15 MR. PELOQUIN: You know what, I don't know if 16 I'd have an answer for that. I would definitely think 17 it would be an advantage for us to have one. Depending 18 on the angle, you know, if you want to keep a little -- 19 MR. MURPHY: Some privacy. 20 MR. PELOQUIN: -- some privacy. I mean, 21 obviously they have the shower curtains. You've seen 22 the facility, so you know. I think I would like to 23 know an overall shot of that area but, again, our 24 officers are and other staff are moving, and that's a 109 1 highlighted area that we need to be in as much as we 2 can. 3 It's part of the guard tour ring where -- I 4 don't know if you saw the wand that the officers use 5 when they're making their rings -- deep into that 6 bathroom, each bathroom, there's a station that the 7 officer has to hit. We want them getting into that 8 area just specifically for that reason. We took that 9 into account when we were setting up that -- the guard 10 tour. So there's eight spots on each floor that the 11 officer has to get to. So you want to make sure that 12 that's covered. Both bathrooms on each floor have one 13 deep in the bathroom. So you're in there and 14 addressing those issues, especially, you know, the 15 midnight shift, they're walking around every, you know, 16 18 to 20 minutes they're up there and they're in there. 17 Would I want a camera in there? I think it 18 would help as far as observation in areas in blind 19 spots. Would it be the answer to that? Probably not, 20 unless someone was monitoring just specifically those 21 bathrooms, but it would definitely help. 22 MS. CHUNN: And in the gym, do the feeders 23 jails have gyms that are equipped to the level of the 24 one that you have? 110 1 MR. PELOQUIN: I don't think any of them do. 2 One of the things that they talk about in my 3 orientation class when they come in is they heard about 4 the gym that we have, and they look forward to free 5 weights, which is different. It's different in a 6 correctional environment to have free weights. We know 7 the issues that could arise with having free weights in 8 a correctional facility as well. We're not blind to 9 it, but some of the machines that we have, too, can be 10 dangerous as well. So it's definitely a privilege and 11 a perk that they look forward to. 12 MR. MCFARLAND: Do you have your staff working 13 overtime? 14 MR. PELOQUIN: Very limited. 15 MR. MCFARLAND: And is it mandatory or 16 volunteer? 17 MR. PELOQUIN: There are times, if we get into 18 a staffing situation, where someone would have to be 19 frozen, but I can't recall the last time someone would 20 actually be mandated to stay. I don't know if the 21 captain has an instance. 22 We've been -- just to give you a background, if 23 we're short staffwise, the main facility would provide 24 a staff member for us. 111 1 MR. MCFARLAND: Ludlow? 2 MR. PELOQUIN: Correct, Ludlow. And for 3 security staff if the need would arise, but the 4 overtime instances are few and far between. And they 5 all have to be approved through the director. 6 MR. MCFARLAND: Any of you recall the incident 7 where one of the inmates was lying naked on his bed? 8 MR. MURPHY: I do. 9 MR. SLOAT: I do. 10 MR. MCFARLAND: Was it during your shift? 11 MR. SLOAT: Yes, it was. 12 MR. MCFARLAND: Was that a problem? 13 MR. SLOAT: No. That was one of the problems 14 that came up that night. It was a new resident that 15 came in. There was no intentions of it -- of what his 16 -- he was covered up in the next ring. The officers 17 doing the ring, he was uncovered, it was addressed 18 then. The clothing policy was addressed to him on what 19 he needs to wear for clothing to bed and that was 20 addressed. And no other issues with that at all. 21 MR. MCFARLAND: So, Captain, during your tenure 22 of two, two and half years there, is that the only 23 incident of even remotely sexual behavior that you've 24 run into that you're aware of? 112 1 MR. MURPHY: No. I've dealt with some other -- 2 other issues. I worked in pretrial from 2000 to 2005, 3 2006 -- 4 MR. MCFARLAND: No, I'm sorry. At the -- 5 MR. MURPHY: Oh, yeah, that was -- 6 MR. MCFARLAND: -- Western Massachusetts -- 7 MR. MURPHY: Yeah, that was it at that 8 facility. 9 MR. MCFARLAND: You've never had an occasion 10 where, even an allegation, even a claim that somebody 11 has, you know, touched inappropriately or, you know, 12 been propositioning or anything that would be of a 13 sexually aggressive nature? 14 MR. MURPHY: No, I haven't. 15 MR. MCFARLAND: That's great. 16 MR. PELOQUIN: We have in the years that I've 17 been there had other instances where residents have 18 been addressed for their layers of clothing, whether 19 it's to and from the shower and just in shorts, they're 20 addressed on that issue. You need to wear a shirt. If 21 it's males working in a female area, there are areas 22 where they need to dress and get undressed, it's been 23 addressed. Any time those occasions occur, you know, a 24 supervisor should be notified or an incident report 113 1 would have been written or a notation made in our shift 2 log that an incident occurred. 3 MR. MCFARLAND: Captain, how many security 4 staff are present during the day shift? 5 MR. MURPHY: The minimum is six. 6 MR. MCFARLAND: What's the maximum? I mean, 7 what -- is that the average? 8 MR. MURPHY: That'd probably be the average, 9 six, yeah. 10 MR. MCFARLAND: Six plus yourself? 11 MR. MURPHY: Plus myself, yeah. 12 MR. MCFARLAND: So there would be seven during 13 the day shift? 14 MR. MURPHY: Yeah. A supervisor and five 15 officers, another supervisor and five officers. 16 MR. MCFARLAND: And then how about the swing 17 swift? 18 MR. MURPHY: The swing shift is the same, and 19 the 12 to 8 shift it goes down one. 20 MR. MCFARLAND: And you don't -- that doesn't 21 give you any concern in terms of the ratio of seven 22 security staff all unarmed on 182 folks who can include 23 folks who have a background of threatening or assault; 24 isn't that correct? 114 1 MR. MURPHY: Yeah. That's the -- you know, 2 that's, you know, I guess I feel as though we have 3 adequate staffing. 4 MR. MCFARLAND: Are there any penalties for 5 false reporting of a crime or sexual assault? If an 6 inmate says: I got -- this CO propositioned me and it 7 was false -- 8 MR. MURPHY: Disciplinary. I would say that 9 they'd be moved to the segregation unit. 10 MR. MCFARLAND: And where is the -- you're 11 talking about at Ludlow? 12 MR. MURPHY: It would be a return to higher 13 security. 14 MR. MCFARLAND: All right. 15 MR. MURPHY: And moved to segregation. 16 MR. MCFARLAND: You don't have a seg unit? 17 MR. PELOQUIN: No. 18 MS. ELLIS: Yesterday, Captain, you touched 19 lightly on gang situation. Would you address that 20 again for us. 21 MR. MURPHY: Well, I believe we have -- 22 presently we have nine gang members in the facility, 23 and they -- there's various -- various gang 24 affiliations. When the residents come into the 115 1 facility, I let them know in orientation that basically 2 I'm taking their colors, that they -- while they're in 3 the facility, that we don't tolerate gang activity and 4 that there's going to be some expectations placed on 5 them while they're in the facility. 6 My philosophy, and it's a similar -- it's a 7 philosophy that's been given to me from the director, 8 is that one of the things we don't want to do with the 9 gang members at our facility is to give them any type 10 of notoriety or just -- 11 MR. PELOQUIN: Status. 12 MR. MURPHY: Yeah, any type of status. So 13 basically, you know, you might see it on TV where they 14 might recognize a Latin King for shooting La Familia, 15 we're not going to give them any of that in our 16 facility. If we have an issue with a gang member, it's 17 dealt with as a behavioral or a disciplinary issue. If 18 it is gang related, of course we're going to address 19 it, and they'll be returned to the main facility for 20 gang activity. 21 But basically that's the philosophy that was 22 set forth, and it's been -- it's, you know, we haven't 23 had any gang -- any serious gang activity. 24 MS. ELLIS: Do you have individuals with 116 1 limited English proficiency, Spanish-speaking, any 2 other languages? 3 MR. MURPHY: Do I have any? 4 MS. ELLIS: In the -- 5 MR. MURPHY: Un poquito. 6 MS. ELLIS: I was thinking of residents. Are 7 there -- I recognize that you're fluent. 8 MR. MURPHY: I figured I had to throw it out. 9 I'm learning. I'm trying to learn a little bit. 10 MS. ELLIS: Is there a need within the facility 11 for Spanish-speaking or any other language requirements 12 for residents? 13 MR. MURPHY: We do have ESL, English as a 14 second language. So we do work with the residents that 15 have a difficulty with English, Spanish-speaking, and I 16 really haven't seen the need for any other 17 nationalities or any other -- 18 MS. ELLIS: Is there information posted in 19 Spanish throughout? I don't recall seeing -- 20 MR. PELOQUIN: Yes. 21 MS. ELLIS: Maybe I missed that. 22 MR. MURPHY: We have handbooks also, yeah, in 23 Spanish and English. 24 MR. MCFARLAND: I want to thank the panel. I 117 1 don't believe we have any more questions. And we're 2 going to just take a one-minute break and then start 3 with Panel Number 2, Mr. Connor, Ms. Marotte, and 4 Mr. Ashe. 5 (A brief recess was taken.) 6 7 BRIAN ASHE, SWORN 8 TOM CONNOR, SWORN 9 MAUREEN MAROTTE, SWORN 10 11 MR. MCFARLAND: Mr. Ashe, could you identify 12 yourself and what you do at the facility. 13 MR. ASHE: My name is Brian Ashe. I had taught 14 sexual misconduct for about seven years at Western Mass 15 Correctional Alcohol Center. Currently I'm at the main 16 institution. 17 MS. ELLIS: I didn't hear that, sir. Where? 18 MR. ASHE: I taught sexual misconduct at the 19 Western Mass Correctional Alcohol Center. 20 MR. MCFARLAND: And you did that until when? 21 MR. ASHE: About six months ago. 22 MR. MCFARLAND: So about March? 23 MR. ASHE: Yes. 24 MR. MCFARLAND: And now where are you? 118 1 MR. ASHE: I'm up at the main institution. 2 MR. MCFARLAND: Ludlow? 3 MR. ASHE: Yes. 4 MR. MCFARLAND: Are you any relation to the 5 sheriff? 6 MR. ASHE: No, I'm not. 7 MR. MCFARLAND: You ever been asked that 8 before? 9 MR. ASHE: Couple hundred times, maybe a 10 thousand. 11 MR. MCFARLAND: Mr. Connor? 12 MR. CONNOR: Yes, sir. 13 MR. MCFARLAND: Welcome. What is your full 14 name and what is your job? 15 MR. CONNOR: I'm Tom Connor, and I work at the 16 Ludlow facility as a classification director. I 17 started out of York Street 25, '6 years ago, was there 18 a few years. Then I transferred to the alcohol center. 19 I was there 21 years, and I've been at the Ludlow 20 facility the last couple years. 21 MR. MCFARLAND: So you were at the Western 22 Massachusetts CAC for 21 years? 23 MR. CONNOR: Yes. 24 MR. MCFARLAND: And what all did you do there? 119 1 MR. CONNOR: I started out as a case manager, 2 became a program manager after five or so years, and 3 then I took over as classification manager. 4 MR. MCFARLAND: And is that the post that Beth 5 now has? 6 MR. CONNOR: Yes. 7 MR. MCFARLAND: Remind me of Beth's last name. 8 MR. CONNOR: ^ Sp Hanna. 9 MR. MCFARLAND: Thank you. And Ms. Marotte? 10 MS. MAROTTE: Maureen Marotte. I'm the nursing 11 supervisor down at the Western Massachusetts 12 Correctional Alcohol Center. 13 MS. CHUNN: I'm sorry, did we get Mr. Ashe's 14 current job? 15 MR. ASHE: I'm a unit manager. 16 MR. MCFARLAND: At Ludlow? 17 MR. ASHE: I was at Howard Street for fourteen 18 years. 19 MS. CHUNN: Are you also the PREA coordinator? 20 MR. ASHE: I suppose so, yes. I -- well, I'm 21 not down there now. I did all the training. 22 MR. CONNOR: During that year. 23 MR. ASHE: During the time I was down there. 24 MR. MCFARLAND: So if there was anybody close 120 1 to being the PREA coordinator -- 2 MR. ASHE: Yes. 3 MR. MCFARLAND: -- you were it? 4 MR. ASHE: Correct. 5 MS. ELLIS: And what year was that, sir? 6 MR. ASHE: I think it was 2001 I went down to 7 Washington for the training, sexual misconduct, 8 professional boundaries. 9 MR. MCFARLAND: At the National Institute of -- 10 MR. ASHE: Correct. 11 MS. CHUNN: I'm actually trying to get this on 12 the record -- 13 MR. ASHE: But it wasn't PREA back then when I 14 went. It wasn't called PREA. It was just a sexual 15 misconduct and professional boundaries training. 16 MS. CHUNN: I wanted to get that on the record. 17 MR. MCFARLAND: And to state the obvious, you 18 got to allow us, even if you know what we're asking, 19 let us finish the question before you answer. 20 MR. ASHE: You got it. 21 MR. MCFARLAND: And Ms. Marotte, how long have 22 you been in the nursing position at the Howard Street 23 facility? 24 MS. MAROTTE: I was -- I've been there for 121 1 about ten years now. 2 MR. MCFARLAND: And in what capacities? 3 MS. MAROTTE: I was a staff nurse up until 4 about a year and a half ago, and I was promoted to the 5 supervisor position. 6 MR. MCFARLAND: Were you the staff nurse at the 7 time of the BJS inmate survey? 8 MS. MAROTTE: No. I was a supervisor in 2007. 9 MR. MCFARLAND: Mr. Connor, what instruments, 10 if any, do you use to assess the risk that an inmate 11 poses? 12 MR. CONNOR: Well, we have a classification 13 criteria that has a list of the disqualifiers in terms 14 of present offenses or prior history. It also looks at 15 institutional history. We have a structured review of 16 the criminal history where we highlight different types 17 of offenses that we think not only may be a 18 disqualifier but also are areas of concern that we need 19 to illustrate and be aware of. So there's -- and 20 there's also -- we -- after they get there, they have 21 some testing that's done to measure criminogenic 22 factors within their life. 23 MR. MCFARLAND: Like what, what are the 24 criminogenic factors that you -- that affect your 122 1 classification? 2 MR. CONNOR: Prior to them getting there, we 3 will review their criminal history. We will look at 4 all of the violent offenses that they may have 5 committed, any sex offenses, arson history, escape 6 history. We also look at issues like cruelty to 7 animals or patterns of violations of restraining order, 8 any kind of history that shows a victimization, sort of 9 -- of others, and we take all of that and we quantify 10 it and we also illustrate it out by noting it on our 11 risk assessment that we do. 12 So it has a quantification and a qualification 13 of the different kinds of offenses within their 14 history. We also look at prior history of 15 incarceration and any institutional behavior that we're 16 aware of prior to them getting there that would 17 constitute disciplinary history. So we call that our 18 risk assessment profile. It's more illustrative. It's 19 not weighted. It's not measured in the sense of being 20 assigned any numerical value. 21 It's illustrative and we use a decision-making 22 matrix that allows us to determine who's qualified and 23 who's not qualified to come. 24 MR. MCFARLAND: And is this criteria the same 123 1 across all five counties that feed this -- the Howard 2 Street facility? 3 MR. CONNOR: Yes, it is. Well, with a caveat, 4 we can take any of those inmates that are qualified to 5 come to Howard Street from any of the five counties, we 6 have that authority to do that. What we've done is 7 we've limited the other counties to referring as 8 candidates drunk driving offenders. And as a history, 9 we opened up as a -- what they call the DUI facility, a 10 DUI jail. We then expanded our classification beyond 11 just the DUI offender to other offenders that had 12 alcohol or drug-related issues and addiction issues 13 that was fueling their criminal behavior. 14 And so we started to take those individuals 15 from all the various counties, but then we -- as our 16 needs became greater in Hampden County with pressures 17 on the county, we began to limit the other counties to 18 just drunk driving offenders while we would take in not 19 only our own drunk driving offenders but property 20 offenders, drug offenders, etc., into our facility. 21 MR. MCFARLAND: Are you familiar with this 22 document entitled "Western Mass Correctional Alcohol 23 Center 4.11 Admission Orientation Release"? It's a 24 20-page document. 124 1 MR. CONNOR: Yes. 2 MR. MCFARLAND: Do you use this in your -- at 3 Ludlow? 4 MR. CONNOR: To determine the eligibility of 5 inmate candidates for Howard Street, yes. 6 MR. MCFARLAND: Now, I'm looking at page 4 and 7 this is Procedure C, classification plan. And does 8 this set out the -- all of the criteria used to 9 determine a candidate's classification assignment to 10 the Howard Street facility? 11 MR. CONNOR: Yes. 12 MR. MCFARLAND: And it says -- I'm not trying 13 to trick you here -- it says, "Includes but not limited 14 to..." Are there any other -- any other criteria that 15 you use, whether it's written down or not, other than 16 -- in addition to these ten bullets - age, sex, 17 violence, sentence on a pending court action, type of 18 crime, education, protective custody, employment, 19 criminal history, prior incarceration? 20 MR. CONNOR: I would say yes. We look at -- we 21 look at a lot of factors that give us an idea of the 22 person's possible risk within lower security. Those 23 are the main ones. However, it doesn't exclude other - 24 other issues that we might be interested in. 125 1 MR. MCFARLAND: Well, Item B says, "The 2 facility maintains clear and concise policies to ensure 3 that accurate determinations of potential candidates 4 can be made." Where are the rest of those clear and 5 concise policies? 6 MR. CONNOR: We have a classification matrix 7 that gets more specific as to types of criminal 8 histories that may be disqualifiers, types of prior 9 offenses, prior institutional behavior. So I think 10 that the procedure here is more general and nominal. 11 Our classification matrix, for instance, is like six or 12 seven pages long, and I think it's abbreviated -- it's 13 contained as an abbreviated format in this particular 14 handout. 15 MR. MCFARLAND: Would you -- getting to the nub 16 of it, do you consider it relevant to classification to 17 know whether an inmate has been abused sexually in 18 their past? 19 MR. CONNOR: Yes, I would consider that 20 relevant. 21 MR. MCFARLAND: Do you -- is that written down 22 somewhere on a checklist or other clear and concise 23 policy that -- so that your people are always 24 considering that or asking about that? 126 1 MR. CONNOR: There -- I don't think -- there is 2 a question format and that goes on in the medical 3 intake that addresses victimization, and I can't speak 4 to that directly because I don't do the questioning of 5 the resident when they come in, but there is a format 6 that's undertaken to make that inquiry of the resident 7 when they're intaked. 8 MR. MCFARLAND: Ms. Marotte, when you were in 9 your office yesterday, you were kind enough to give us 10 two documents. One is a two-page document entitled 11 "Encounter Summary," and you redacted the individual 12 concerned. And the other is a six-page encounter 13 summary, also redacted. 14 Are these the printouts of the kinds of 15 questions that you routinely ask and put into the 16 database for your new admittees? 17 MS. MAROTTE: Yes. The two-page is for 18 intrasystem transfers, and the six-page is from 19 out-of-county transfers. 20 MR. MCFARLAND: Okay. Great. 21 MS. CHUNN: Mr. Connor, how many people are 22 handling potential transfers from the five facilities 23 classification for the appropriateness of entry into 24 the Howard Street facility? 127 1 MR. CONNOR: There are five. 2 MS. CHUNN: Five people? 3 MR. CONNOR: Five people, five representatives 4 of the classification departments in those five 5 counties. 6 MS. CHUNN: And how do you ensure that there is 7 consistency among them in terms of the criteria -- the 8 criteria that you're looking for for possible entry and 9 suitability for Howard Street? 10 MR. CONNOR: Well, we disseminate our admission 11 policy to all five counties, and the criteria for 12 eligibility, and if there are updates, we let the 13 counties know what those are in writing. 14 MS. CHUNN: Okay. It appears to me that there 15 are certain intangibles that are also inherent in 16 this -- 17 MR. CONNOR: Yes. 18 MS. CHUNN: -- process. 19 MR. CONNOR: Right. 20 MS. CHUNN: How do you ensure that those are 21 communicated to those five people so that you maximize 22 the probability that those residents -- well, inmates 23 then they are -- inmates may be suitable residents for 24 Howard Street? 128 1 MR. CONNOR: We have our nominal categories 2 that will indicate to us whether somebody is qualified 3 or unqualified, but beyond that sometimes you get a 4 constellation of factors that may not constitute 5 outright disqualifiers. You may have a violent offense 6 history but no -- no particular violent offense rises 7 to the level of disqualification. But when you look at 8 it as a pattern over the history of the person's 9 criminal life span and then you add that to other 10 factors, education, age, the fact that there might be 11 registered victims that have to be notified of the 12 person's whereabouts in the system, if you look at if 13 they've had restraining orders placed against them, so 14 you look at a constellation of factors to make a 15 determination as to whether or not this person is 16 appropriate for lower security. 17 And within our admission policies, we allow for 18 that kind of discretion to be exercised by the 19 classification manager. In fact, we expect that 20 because of not only are we minimum security but we're 21 in a downtown urban area very close to the street with 22 no barrier architecture or perimeter fencing. So we 23 have to have that extra level of scrutiny that 24 sometimes cannot always be encapsulated in procedure, 129 1 and we rely on the expertise of the classification 2 manager to make sure that they not only take into 3 consideration outright disqualifiers but patterns that 4 would show an unacceptable risk within the person's 5 criminal background, institutional behavior, and to 6 make an educated, common sense decision on whether or 7 not they could participate in a minimum security 8 facility and be able to abide by the rules and not 9 constitute, at least on the face of it, a security or 10 safety threat. 11 MS. CHUNN: How often, Mr. Connor, have you had 12 a false positive, somebody who appeared to be a 13 suitable candidate but when they got to Howard Street, 14 within the 21 days it was clear that they were not 15 going to be able to function in that -- in that 16 environment? 17 MR. CONNOR: I'd say that that -- the cases of 18 those individuals are low. We have a success rate, a 19 successful completion rate of -- our average length of 20 stay is 97 days -- of 84 to 90 percent, depending on 21 what you're looking at. So there's a high degree of 22 buy-in and durability within the program. 23 When we look at the people that are returned to 24 higher security that don't complete, a lot of them are 130 1 for tobacco violations. That's our number one. And 2 then as you go down the list, it might be, you know, 3 disruptive behavior, that kind of thing. In terms of 4 somebody sticking out early on as, wow, we made a big 5 mistake here, that's a rare event because of our 6 experience with being able to successfully profile the 7 risk management or the risk profile of individuals 8 before they come down. 9 But when that does occur, we respond pretty 10 quickly, and we discern that there's a safety threat 11 and a person's status with minimum security should be 12 questioned and should be reviewed to make sure we 13 protect the safety of individuals within the facility. 14 MR. MCFARLAND: Ms. Marotte, in the course of 15 your medical evaluation or interview of a new admittee, 16 do you ask about their sexual orientation? 17 MS. MAROTTE: No. 18 MR. MCFARLAND: Why not? 19 MS. MAROTTE: I'm not exactly sure why not. 20 It's a personal, private issue that, you know, doesn't 21 really -- would not play into their care planning. 22 MR. MCFARLAND: Well, let me just explore that 23 with you. The six-page summary has all kinds of 24 private questions, and you're dealing with -- I think 131 1 the mission statement talks about providing an 2 environment of -- "Safe, secure, and therapeutic 3 environment using an ecological approach to enhance the 4 physical, intellectual, emotional, and spiritual growth 5 of clients." 6 So you're not just asking for, you know, their 7 blood pressure and what meds they're on. I mean, there 8 are some -- a lot of private things. Do you think -- 9 is there some policy that prohibits you from asking 10 about, you know, sexual preference? 11 MS. MAROTTE: Not that I'm aware of. During 12 the physical exam from the nurse practitioner, there is 13 a question and it pertains to the HIV status and asking 14 about HIV testing, and in the drop-down it does ask, 15 you know, have you had sex with women, men, and how 16 many. And the only time that I ask that question is 17 during HIV testing. 18 MR. MCFARLAND: I see. Well, I'm looking at 19 page 3 of the six-pager. Now, this is only used for 20 folks not in the Hampden County. This would be for the 21 other four counties? 22 MS. MAROTTE: Correct. 23 MR. MCFARLAND: And are you saying that there's 24 something that's not shown on here that if they -- if 132 1 they answer a certain way to the question: Have you 2 ever been tested for HIV, there would be a drop-down 3 that will ask about their sexual habits or behavior? 4 MS. MAROTTE: That's on a different screen. 5 It's the nurse practitioner assessment. For all 6 out-of-county residents, within two weeks of their 7 admission they are seen by the nurse practitioner, and 8 they do a different physical. Main institution 9 residents, they also have a physical and so that 10 information is in that screen, not this one. 11 MR. MCFARLAND: Not this one? 12 MS. MAROTTE: No. 13 MR. MCFARLAND: And does -- does Beth get that 14 information, all of the medical information? 15 MS. MAROTTE: Beth -- the information from out 16 -- for out-of-county residents is faxed to us in the 17 classification department. Our -- we share a fax 18 machine. That's faxed to me but it's in her office. 19 She's given a very general screening with her 20 information transferred from other counties. 21 MR. MCFARLAND: So she doesn't, she being the 22 current correctional -- I mean, the current 23 classification officer, she's not privy to information 24 about sexual orientation or anything but the most 133 1 general summaries of the medical exam that was done at 2 Ludlow or at the other four county -- counties; is that 3 correct? 4 MS. MAROTTE: She has just general information, 5 not specific. 6 MR. MCFARLAND: Do you think it'd be -- 7 Mr. Connor, do you think it'd be a good idea for the 8 classification officer at the Howard Street facility to 9 have more information than she presently gets -- 10 MR. CONNOR: In retrospect -- 11 MR. MCFARLAND: -- in order to prevent sexual 12 assault? 13 MR. CONNOR: In retrospect, when you talk about 14 victimology in this regard, sexual assault, sexual 15 victimization, there's a high correlationship between 16 sexual orientation and victimization. So I think that 17 that needs to be a standardized question somewhere 18 along in the prescreening process before they ever come 19 and then again once they're admitted in case there 20 might have been some mistake in terms of gathering that 21 information prior to them coming in. 22 So I think that that needs to be there. And I 23 know you always look at privacy concerns among people 24 in terms of what they want to withhold and what they 134 1 want to disclose, but I think that the danger of 2 possible victimization because of their status 3 overrides that privacy concern. And out of respect for 4 their own safety, we need to ask that question. So I 5 would say yes. In retrospect, we -- it's an oversight 6 on our part but we need to correct that. 7 MS. ELLIS: Mr. Ashe, I wanted to ask, have you 8 talk a little bit about your understanding and 9 knowledge about PREA. 10 MR. ASHE: Well, my role at Western Mass 11 Correctional Alcohol Center was to give staff enough 12 information so they would not fall into either being a 13 victim or being able to see if somebody was victimizing 14 somebody sexually. I talk about professional 15 boundaries and how professional boundaries can lead 16 into sexual misconduct. Do a lot of role-playing, 17 videos, go over Mass General Law, try to give people 18 enough information so they know what sexual misconduct 19 and professional boundaries are and, more importantly, 20 so they can pick it out and kind of be watchdogs for 21 each other while they're down there. 22 I always tell people that, you know, nobody 23 plans on, you know, being victimized or getting pulled 24 into a sexual misconduct role, but a lot of times what 135 1 happens is if somebody is down there and if you witness 2 something, if you don't say anything about it, it 3 becomes a cesspool or, you know, it becomes worse and 4 worse and things go out of control. So I try to teach 5 people, if you see something, if you see the small 6 things, pick them out, address them, say something to 7 somebody so it doesn't turn into a big issue. 8 A lot of times what happens, if it turns into a 9 big issue, it affects everybody. It's not just the one 10 person, you know, whether it's the inmate or the 11 resident and the staff person, but it affects everybody 12 in the facility. 13 MS. ELLIS: Does part of that training also 14 include your putting forth the idea of posting 15 information about PREA and rights for inmates in 16 institutions regarding information about sexual 17 assault? 18 MR. ASHE: Well, now I think more so we have to 19 start posting stuff. My role in the past was 20 predominantly training staff regarding sexual 21 misconduct and making sure they had enough information. 22 So they either witness something, they know what to do 23 or they wouldn't fall into it themselves. 24 MS. ELLIS: In your experience, have you ever 136 1 -- ever known of cases of staff misconduct, sexual 2 misconduct with inmates? 3 MR. ASHE: Yes. 4 MS. ELLIS: Do you want to talk about that? 5 MR. ASHE: Well, just -- I wasn't part of the 6 investigation. So it was more hearsay. So I don't 7 know if it's right for me to talk about it. It was 8 more that I had heard or know of sexual misconduct 9 throughout the jail. I think there was some at the 10 main institution that was, you know, public, and there 11 was an incident down at our facility, but I wasn't part 12 of the investigation. So I guess it was more the 13 hearsay part that I got. 14 MS. ELLIS: I understand that. I think we're 15 interested in issues related to what makes staff 16 vulnerable to those kinds of infractions, again, back 17 to the characteristics of a predator, and we're very 18 much interested in what makes staff vulnerable to -- 19 what makes inmates vulnerable to staff and their 20 authority in institutions and just kind of hearing your 21 experience with that as you -- as you provide training. 22 MR. ASHE: Well, I think there's a couple 23 different things. First, there's two different types 24 of staff that can fall into sexual misconduct: One, 137 1 the predator that we read about and see in the 2 newspapers or hear in the news, a person that comes in 3 there looking for prey. Those are the ones that we all 4 have to watch out for and, if we see something, notify 5 people right away. 6 And there's also staff that fall prey, even 7 though they're the ones that may precipitate the sexual 8 misconduct, if they have a weak moment, maybe they're 9 having trouble at home, a divorce, fighting with their 10 husband or wife and they start talking with a, you 11 know, an inmate who consoles them, then they can fall 12 into sexual misconduct there. And then there's also 13 the inmate side or the resident side where if they're 14 feeling vulnerable, maybe they're having a difficult 15 time at home, they've never been in jail before and 16 somebody shows them a little sympathy or starts talking 17 to them more than they ever have at home, they can say, 18 wow, this person is nice, and they can fall into it 19 that way. 20 So you have to watch out for all those little 21 red flags that pop up, you know, staff and resident 22 spending too much time together, staff taking too much 23 concern in a particular resident, spending too much 24 time in a particular area that that staff person 138 1 probably doesn't have a reason to be. And those are 2 the things we try to or -- I try to teach, you have to 3 watch out for these little red flags because if you 4 don't watch out for them, they can turn into bigger 5 things. A lot of times we can nip it in the bud that 6 if we see somebody spending time with somebody and you 7 say something right up-front that: Gee, you know, that 8 doesn't look right, I don't know what you're doing and 9 maybe it's perfectly reasonable, but from my 10 perspective it just doesn't look right. Try to catch 11 something before it ever does get out of hand. 12 MR. MCFARLAND: What are the characteristics of 13 those residents who are more at risk of falling into or 14 perpetrating -- or being a victim? 15 MR. ASHE: I'd say mostly people that have had 16 trauma at home, maybe something bad just happened, 17 maybe they're having a relationship problem, things 18 along that nature. Somebody, it may be their first 19 time in jail and they're not sure what to expect, but 20 mostly vulnerable people that, you know, they -- you 21 know, they're having a difficult time and somebody 22 shows maybe a little bit more respect or shows them a 23 little bit more, you know, time than they're used to on 24 the outside and they fall prey to it. 139 1 MR. MCFARLAND: What about physical 2 characteristics, are those relevant, stature? 3 MR. ASHE: I don't know if physical 4 characteristics would really play a role unless -- 5 unless that person tried to make it portray a role in 6 it. 7 MS. ELLIS: Does race play a role? 8 MR. ASHE: No, I don't believe so. I mean, 9 sexual misconduct can happen to anybody at any time 10 anywhere. 11 MR. MCFARLAND: Are smaller residents, 12 physically smaller residents, more likely to be 13 victimized. 14 MR. ASHE: I don't know if they're more likely. 15 They could be more vulnerable just due to their size if 16 the predator was a larger male or female and, you know, 17 pushed themselves upon somebody, but I don't think your 18 size, sexual preference, or race really has anything to 19 do with it. It's more of a victim is a victim, doesn't 20 matter who you are or what you've done. The staff 21 person is the predator and it's more what they've done. 22 MR. MCFARLAND: In your experience and 23 training, does extortion or contraband play a role? 24 MR. ASHE: It absolutely could. I mean, 140 1 depending on the situation, staff could see a certain 2 resident do something and then say: Gee, I won't say 3 anything if you do this or if you do that. Absolutely. 4 MR. MCFARLAND: And what about contraband? 5 MR. ASHE: Well, the same thing. If a resident 6 brings contraband in, a staff could do the same thing 7 and say: Gee, you know, you're not supposed to have 8 that but if you do this or that, I'll overlook it this 9 time, or it could work the other way. I mean, the 10 resident could say: Hey, gee, if you bring this in for 11 me, I'll do this. 12 MS. CHUNN: Mr. Ashe, have you -- are you still 13 teaching this course? 14 MR. ASHE: No, I'm not. 15 MS. CHUNN: Is it being taught anywhere? 16 MR. ASHE: I believe it's still being taught, 17 yes. 18 MS. CHUNN: I didn't mean in the world. Do the 19 staff people who work at Howard Street have an 20 opportunity -- if I'm a new staffer, do I have an 21 opportunity to get this training within a certain 22 period of time of my employ there? 23 MR. ASHE: Absolutely. Everybody gets, as they 24 mentioned earlier, the 16-hour training or the training 141 1 for the staff. So depending when you start your job 2 there, you'll be trained -- you'll get all your 3 training within the first year. Usually you'll get 4 that probably within the first week or so, you'll get a 5 briefing on it because you have your, you know, your 6 week-long training of being a new staff member, and 7 then when you go through the annual staff training 8 where you get sexual misconduct as well as all the 9 other trainings, you'll get that as well. 10 MR. MCFARLAND: Ms. Marotte, let me ask you the 11 same question about what are the characteristics of a 12 resident who is at higher risk of becoming a sexual 13 assault victim? 14 MS. MAROTTE: I think that a resident who has 15 -- who's mentally challenged is at risk; and through 16 our questioning in the intake process, we ask questions 17 that are geared towards that to kind of get a feel for 18 how mentally challenged they may or may not be. I 19 believe that stature has something to do with that. I 20 believe that certain characteristics, personality 21 characteristics, just a meek individual who looks like 22 they could be easily violated. 23 We just had a resident who recently stuttered, 24 very meek, shy, introverted, withdrawn type of person 142 1 who might very easily be a victim of any type of not 2 just sexual assault but any type of intimidation. 3 MR. MCFARLAND: For that individual that you 4 just mentioned, did you flag that to the attention of 5 anybody? 6 MS. MAROTTE: We have -- we have a great 7 communication with the shift supervisors and the unit 8 managers and with Colleen as well and Jody Byrd, who's 9 our mental health clinician, and just, you know, bring 10 it to people's attention, and it makes its way into 11 reports and just to keep an eye on residents like that. 12 MR. MCFARLAND: So did you communicate in the 13 database that this individual seems meek, stutters and, 14 you know, somebody ought to keep an eye on whether 15 anybody is picking on him? 16 MS. MAROTTE: I didn't use those particular 17 words, but it's in his -- and by the database, if 18 you're referring to his intake, medical intake, there 19 is information that was inputted into his medical 20 intake. And then I take some of that information, we 21 have a form or it's just verbal to -- something like 22 that would be -- well, would be verbally communicated 23 with unit staff. 24 MR. MCFARLAND: I was thinking about database, 143 1 the terrific e-mail that you were talking about 2 earlier. Is there -- how do you communicate, if at 3 all, any concerns you have about somebody being a 4 potential victim, to the security staff? 5 MS. MAROTTE: We have, well, e-mail. Also, we 6 have a form, a special needs form that we fill out, and 7 it's given to pertinent staff, unit managers, pretty 8 much everything goes to the shift supervisor, and it's 9 put on the roll call board, goes through roll call, you 10 know, this person has this issue, that issue, keep an 11 eye on this person. That's pretty much it. 12 MS. CHUNN: Mr. Ashe, am I correct in assuming 13 that some of the people who come to work at Howard 14 Street have worked at other facilities? 15 MR. ASHE: Correct. 16 MS. CHUNN: Okay. How do you address with them 17 any concerns about the code of silence or when you see 18 something go on that's inappropriate, just sort of 19 don't you bother it and it won't bother you? I mean, 20 do you address that in any way or how do you handle 21 that, particularly as it refers to the possibility of 22 seeing inappropriate staff -- inappropriate staff 23 conduct with residents that may be sexual in nature? 24 MR. ASHE: It's addressed in the sexual 144 1 misconduct training. And most staff that have come 2 from other facilities would have had the training at 3 their particular area, but when they do come down, they 4 also get it at Howard Street. And I do talk about 5 that, that code of silence. It's part of the training. 6 We talk about, you know, how a lot of times it's been 7 thought of in correctional facilities that don't say 8 anything, you know, you don't rat on somebody else, you 9 don't talk about it. 10 But I always talk about sexual misconduct, how 11 if you don't talk about it, it can be a cancer in a 12 facility and it can really -- you know, if it blossoms 13 and it turns into a full blown sexual misconduct 14 incident, it can really tear staff apart because it can 15 separate and divide a place where, if somebody gets 16 accused, there's going to be people that will be on 17 that person's side, there will be people against that 18 person. It's a black eye for the facility if it makes 19 the news. It just damages, you know, what people 20 really think about corrections. 21 So I talk about all that stuff and how if you 22 say something early on, you can prevent so much 23 trouble. You can prevent yourself from getting in 24 trouble, because if you witness something and you don't 145 1 say it and it comes out later, you're going to be 2 brought in there as part of the investigation and 3 you're going to be in a whole heck of a lot more 4 trouble than you ever would have if you'd just say 5 something up-front, and it's the best thing to do. 6 MR. MCFARLAND: What do you tell, if anything, 7 what -- when you were at Howard Street, what did you 8 tell the residents about sexual assault and reporting 9 is prevention? 10 MR. ASHE: We didn't talk as much, we didn't 11 have a formal training for them, but I would tell them 12 similar stuff, if I talked to them about it, that if 13 you ever have an issue, if there's ever a problem, say 14 something, come forward. As a unit manager, you know, 15 people on my floor, I would let them know, and 16 especially if I saw somebody that was vulnerable, you 17 know, I'd make sure that they know there's avenues, 18 there's people they can talk to, and they should feel 19 safe while they're there. 20 MR. MCFARLAND: How would you have let them 21 know, the vulnerable ones? 22 MR. ASHE: Well, we have unit classification. 23 When they come in, we'll sit down and talk with them. 24 And, you know, if they feel uncomfortable, if they feel 146 1 threatened, let them know that they can talk to me, 2 they can talk to their counselors, that there will be 3 no repercussions, that they should feel safe to say 4 anything to us. 5 MR. MCFARLAND: And this was your standard 6 practice in your years at the Howard Street? 7 MR. ASHE: Yes. 8 MS. ELLIS: Ms. Marotte, how many nurses do you 9 have on staff? 10 MS. MAROTTE: Myself, I work 40 hours a week, 11 and Jennifer Kane is also a registered nurse. She 12 works 40 hours a week. 13 MS. ELLIS: While I know that you have no 14 responsibility for sexual assault nursing examiner 15 issues, are you familiar with -- with SANE nurses who 16 collect the evidence from sexual assault victims and 17 who testify in court regarding those matters? 18 MS. MAROTTE: Yes. They're registered nurses 19 typically that have extensive training. I believe it's 20 a 40-hour training and then they have at least 30 hours 21 of clinical work after, and then they become certified. 22 They work on call. 23 MS. ELLIS: Yes. And are you connected in any 24 way to any of that training through your victim service 147 1 specialists or any of your other training? 2 MS. MAROTTE: No, I am not. 3 MS. ELLIS: And what I'm looking for is some -- 4 some kind of indication that you have received a good 5 bit of training about the impact of sexual assault or 6 some training regarding the impact of sexual assault on 7 victims. Is there anything in your background or your 8 training along those lines as a medical person on 9 staff? 10 MS. MAROTTE: I do not have any specific 11 training in that area. 12 MS. ELLIS: And my next question would be to 13 the panel. We've asked the question before about your 14 education credentials, experience, and I'm very 15 interested in that aspect of your existence there in 16 that -- in your job capacity as it relates to the 17 success of your facility. So could each of you discuss 18 your backgrounds. 19 MR. ASHE: Well, I did the sexual misconduct 20 training through the National Institute of Corrections, 21 I believe in 2000 or 2001, and then I went back again 22 for -- that was a week-long training, and then I went 23 back again in, let's see, 2006 for another two-day 24 follow-up training. 148 1 MS. ELLIS: And your education? 2 MR. ASHE: I've got a bachelor's in business 3 management and a master's degree in criminal justice. 4 MS. ELLIS: Thank you, sir. 5 MR. CONNOR: What has led to the successful -- 6 MS. ELLIS: I'm interested in your background 7 because I am -- I'm thinking in terms of the impact, 8 the relationship to your success. 9 MR. CONNOR: Well, I've been in the business 26 10 years. I've worked in a multiple number of positions, 11 cross-discipline. So I have a holistic perspective of 12 corrections, especially as it relates to safety, 13 security, and classification. I have a degree in 14 sociology, BA degree in sociology, and a minor in 15 criminal justice as well as psychology. 16 MS. ELLIS: And I'm talking about the success 17 of the facility. 18 MR. CONNOR: Yes. 19 MS. ELLIS: Thank you very much. 20 MR. MCFARLAND: Did you want to ask the same of 21 Ms. Marotte? 22 MS. MAROTTE: I have a bachelor's degree in 23 nutrition from the University of Massachusetts and an 24 associate's in nursing from Springfield Technical 149 1 Community College. 2 MS. ELLIS: Thank you, Ms. Marotte. 3 MR. MCFARLAND: Mr. Connor, do you think it 4 would be helpful for the Howard Street facility to use 5 the LSI or some other formalized risk assessment tool 6 in order to further minimize the possibility of sexual 7 assault? 8 MR. CONNOR: Well, in addition to asking those 9 questions I talked about, I think what we need is 10 training on what are the profiles of sexual predators 11 and the subgroups thereof as well as victimology, what 12 types of victims are vulnerable and broken down 13 according to subgroups by race, by gender. I know that 14 our women, for instance, have a tendency to sexualize 15 their identity and base their self-worth on their 16 attractiveness to men, because many of them have been 17 abused sexually. So there's that whole issue of gender 18 and how it relates to victimology or even perpetration. 19 So I think that we need training on those 20 different profiles, and I know they're out there and 21 they're well known. We simply haven't had a formal way 22 of being educated around those particular issues. So I 23 think, first of all, give us -- we need to get better 24 information and be better educated about the victims as 150 1 well as perpetrators so that we are better identifiers 2 of potential victims or perpetrators. In terms of 3 measuring, any kind of testing that comes in that can 4 somehow sift out that propensity either way, I don't 5 know if there's a specific test out there. I know 6 that's a resource issue and, you know, you can spend a 7 lot of time on -- 8 MR. MCFARLAND: I thought Hampden County and 9 Ludlow in particular uses the LSI? 10 MR. CONNOR: Yeah. We do an LSI. That tells 11 us about their criminogenic factors and it lets us know 12 as to their -- it's a safety kind of risk assessment as 13 well as a supervision and programming tool. 14 MR. MCFARLAND: But that score is all that's 15 communicated from the LSI to your current 16 classification officer, Beth. 17 MR. CONNOR: Right. 18 MR. MCFARLAND: Is that correct? 19 MR. CONNOR: And that's just with the Hampden 20 County inmates. They're the ones that are given an LSI 21 test before they come in. 22 MR. MCFARLAND: Yes. So the other four 23 counties -- 24 MR. CONNOR: They don't do an LSI. 151 1 MR. MCFARLAND: Do you think that it would be a 2 good idea to standardize and have all five counties 3 have an LSI? 4 MR. CONNOR: That would be great but they're -- 5 they are distinct in their operational discretion and 6 they can make the decision to do that or not. We could 7 advise that but we certainly couldn't mandate it. 8 MR. MCFARLAND: But you pick and choose who you 9 take, right? 10 MR. CONNOR: Absolutely. 11 MR. MCFARLAND: So you can certainly influence 12 how they're screening if they keep getting folks turned 13 down; is that correct? 14 MR. CONNOR: Yes, we could do that. 15 MR. MCFARLAND: Do you think that your 16 classification officer, Beth, should -- I'm sorry, what 17 was her last name again? 18 MR. CONNOR: ^ Sp Hanna. 19 MR. MCFARLAND: Do you think it would be a good 20 idea for Ms. Hanna to get more than just the LSI bottom 21 line score from Hampden County, rather see the whole 22 template or the whole instrument? 23 MR. CONNOR: As I said, though, we do a 24 prescreening assessment, a risk assessment that's 152 1 pretty comprehensive, and we've found it to be very 2 reliable and workable over the many years that we've 3 been using it. 4 MR. MCFARLAND: And my question is: Why don't 5 you provide that to the classification officer at the 6 Howard Street facility? 7 MR. CONNOR: That particular instrument is used 8 prior to the inmate coming. 9 MR. MCFARLAND: Yes. 10 MR. CONNOR: Okay. And that is being done by 11 our classification staff are doing that assessment of 12 any candidate that's referred from the five counties. 13 The counties themselves don't make that assessment. 14 They simply assess eligibility. 15 MR. MCFARLAND: Yes. So my question is: 16 Doesn't -- wouldn't it be a best practice for, in the 17 same way that Ms. Marotte is trying to keep an eye out 18 for vulnerable people and put comments or verbally pass 19 onto security staff that so-and-so may be especially 20 vulnerable, wouldn't it be a best practice to provide a 21 tool, you know, with the documentation that comes with 22 the prospective inmate the results of the -- not just 23 the results, the actual form, the score card, the 24 questions and answers including, you know, sexual abuse 153 1 and sexual predation, to Ms. Hanna? Wouldn't that be a 2 good idea rather than just getting a bottom line score: 3 This person rates this risk level? We don't know -- 4 she doesn't know why, and unless Ms. Marotte picks up 5 something in her interview, which the six-pager -- the 6 closest you get to that question, unless they get the 7 drop-down on HIV, which is a separate physical within 8 two weeks after they've been there, the closest you get 9 in this six-pager is: Have you ever been a victim of 10 criminal violence? You ever been arrested or convicted 11 of a sexual offense? 12 There's nothing I see here, and correct me if 13 I'm wrong, Ms. Marotte, that gets any closer to getting 14 information about whether this person has ever been 15 raped, has ever been sexually assaulted and is 16 vulnerable or is a predator, and that kind of 17 information does come from an LSI, doesn't it? 18 MR. CONNOR: It's not a required piece of 19 information that has to be asked. As I said in my 20 prior testimony, retrospectively, we should -- we 21 should have questions around victimization sexually. 22 We do -- we do look at sex offense history. That goes 23 without saying. But in terms of being a victim, there 24 isn't a formal questionnaire that's being administered 154 1 that gets to the essence of any kind of experience with 2 victimology and that's neither done at the candidate 3 level or at the intake level. And I've said before 4 that it should probably be interposed in the process of 5 screening as well as intake. 6 MR. MCFARLAND: And what I'm asking now is who 7 do you want to know the answers to those questions? 8 Should anybody at Howard Street, not just the folks at 9 Ludlow, not just the other four counties, but should 10 anybody at Howard Street, in your opinion, in your 21 11 years there, have access to that specific information 12 about the -- that are germane to sexual assault? Do 13 you want your security people, do you want captain -- 14 the captain to know that? Do you want Ms. Hanna, the 15 correctional officer, to know that? Do you want only 16 Mr. Kelleher to know that? 17 Does anybody get the information that might tag 18 somebody so that: Hey, we got to keep an eye on this 19 guy. He's been raped 16 times in such and such county, 20 and he's eligible but we might want somebody to keep an 21 eye on him? 22 MR. CONNOR: That would be factual information 23 about his incarceration history and that would be made 24 available if he -- if he presented himself as a threat 155 1 -- as a threat either to others or to being vulnerable 2 to others, that would be communicated and that history 3 would be communicated to our staff, the clinical staff, 4 the unit staff, and the security staff. Again, we're 5 talking about factual information that we know about 6 institutional history that they have self-disclosed or 7 we may have gotten through other sources. But if 8 they're offering in private, confidentially: Hey, I've 9 been raped before in prison. I don't want anybody else 10 to know, and they're telling that to our nurse, then I 11 think they have legal protection in terms of the 12 dissemination of that information. 13 It's subjective information, it's private 14 information, and I don't think that can be shared 15 unless it rises to a level of immediate danger to the 16 inmate. 17 MR. MCFARLAND: Isn't that what we're talking 18 about, a violent felony? 19 MR. CONNOR: Right. But if they're 20 self-disclosing and there's no institutional history, I 21 don't know what our obligations should be in terms of 22 reporting that. 23 MR. MCFARLAND: I'm not asking you for a legal 24 opinion. I'm asking you, given your background, do you 156 1 think this is a good idea to provide any of the staff 2 at Howard Street with more information than they're 3 getting right now about sexual vulnerability or 4 predation of any of its residents, or do you think they 5 get all the information they need? 6 MR. CONNOR: No. I think if it's an 7 institutional history from a sending county, then you 8 make it available because it's part of the factual 9 record. If it's something that's self-disclosed, not 10 part of the record, then I think you need to use 11 discretion, that there needs to be an assessment that's 12 done in terms of determining whether or not that person 13 is currently at risk. If they're currently in fear and 14 feel threatened to do an assessment of their current 15 mental and emotional status and then -- and if there is 16 an issue with that particular assessment where they are 17 - they feel like they're being -- that they're under 18 threat, that needs to be referred to the staff, the 19 clinical staff, that can intervene in an expert way and 20 deal with those particular issues. 21 I think if they get to a point where there's a 22 real threat, they feel unsafe in the facility, then we 23 have to consult with our security team and make the 24 appropriate decision. 157 1 MR. MCFARLAND: So who -- this separate 2 assessment you just described, who's supposed to be 3 doing that and where? 4 MR. CONNOR: Again, we don't do that as a 5 matter of protocol right now. So we would ask those 6 questions. I would guess that we would ask those 7 questions prior to coming, and then some kind of 8 assessment prior to them coming, and then, actually, 9 when they come, if there is an alarm bell that's set 10 off because of that assessment, then we need to 11 communicate that to the proper people. 12 MR. MCFARLAND: And who would that -- those 13 proper people be? 14 MR. CONNOR: If there's a safety issue, you 15 need to let the assistant superintendent and the 16 assistant deputy superintendent of security know as 17 well as the captain of security. You also would have 18 to let the clinical manager know. 19 MR. MCFARLAND: Okay. So you're not worried 20 about privacy at this point? 21 MR. CONNOR: Well, if it rises to a level of 22 safety, a safety threat to the individual. If it 23 doesn't rise to that level, either as a result of 24 self-disclosure, I feel threatened, the inmate is 158 1 saying: I feel threatened or the resident is saying: 2 I feel threatened or not safe in this facility or, 3 independent from that, the staff that says, even though 4 this person may say they're not under threat and 5 they're safe here, we believe they're not, that 6 particular assessment needs to be respected and the 7 people need to be made safe based on that information. 8 MR. MCFARLAND: We're going to break for lunch. 9 Why don't we reconvene at 1:15. 10 (A lunch recess was taken.) 11 MR. MCFARLAND: Why don't we go ahead and 12 Ms. Marotte can join us when she gets here. 13 Mr. Connor, how do you make housing assignments at the 14 Howard Street facility? 15 MR. CONNOR: I would say that the main 16 determinant of where a particular inmate goes is bed 17 availability, and our supposition is that the person's 18 already been classified for minimum, so, therefore, 19 they should be able to go anywhere in minimum because 20 we don't really subdivide that facility into functional 21 housing units with differing levels of supervision or 22 differing levels of programming. So we assume, by the 23 virtue of the fact they've already been classified for 24 minimum for Howard Street, that we can put them 159 1 wherever there is an available bed. 2 That's not to say that we aren't nuanced at 3 times with deciding what bed to go into. For instance, 4 as I said before, we have five counties. We don't want 5 to put all one county in one area of the building. We 6 want to have a distribution. We always look at 7 distribution of the counties and other factors, making 8 sure we've got an even distribution throughout the 9 facility. 10 If there are people with special needs, though, 11 we try to hook them up on the right floor. For 12 instance, if they have problems with mobility, should 13 we have them on the third floor as opposed to the 14 second floor. There might be people with special 15 learning needs that we'll put with a resident, house 16 them with residents that demonstrate that they're 17 willing to monitor and help facilitate that person's 18 success within the facility. 19 So we do those kinds of things. And then when 20 we realize there's a conflict in a room and it cannot 21 be resolved, and we always try to resolve it and never 22 just react to it, if it can't be resolved, we will move 23 people to other areas of the building based on those 24 particular needs. 160 1 MR. MCFARLAND: And are you the person who 2 makes the housing decisions? 3 MR. CONNOR: Just initially. After that the 4 unit manager makes the -- because they're the local 5 administrator at that point. 6 MR. MCFARLAND: They would be -- they would 7 make the re -- reassignments? 8 MR. CONNOR: Right. 9 MR. MCFARLAND: If any were needed? 10 MR. CONNOR: Right. 11 MR. MCFARLAND: Ms. Marotte, I wanted to ask 12 you whatever happened to -- with the individual that 13 stuttered, was meek, and you had a little bit of a 14 concern about? I think you testified that it was in 15 his intake, that information; is that right? What does 16 that mean? 17 MS. MAROTTE: It's documented in his intake, 18 and I didn't use exactly those words, but it's in his 19 medical intake because I did his intake. He just 20 arrived to our facility. 21 MR. MCFARLAND: Okay. Well, who -- who did you 22 send that information to, your impressions about his 23 vulnerability or his characteristics? 24 MS. MAROTTE: I talked to the shift supervisor. 161 1 That's pretty much it. 2 MR. MCFARLAND: And did you do that by e-mail 3 or verbally? 4 MS. MAROTTE: It was a verbal. 5 MR. MCFARLAND: And is that an exception or is 6 that -- is it routine? I mean, have you ever done that 7 before, talked to a shift supervisor about your 8 impressions that somebody might be more vulnerable to 9 assault or predation? Have you ever talked to the 10 shift supervisor about anybody else like that? 11 MS. MAROTTE: Yes, I have. 12 MR. MCFARLAND: So is this a routine? 13 MS. MAROTTE: Yes, it is. 14 MR. MCFARLAND: Good. And what about the 15 other -- the nurse that works under you, does she do 16 that as well? 17 MS. MAROTTE: Yes, she does. 18 MR. MCFARLAND: And do you ever put it in the 19 -- write those impressions down like in an e-mail or on 20 the medical form or intake form? 21 MS. MAROTTE: We have a form, it's called a 22 resident special need form, and sometimes it will be 23 documented -- we'll utilize those, and it gets given to 24 the shift supervisor, unit manager, kitchen, whoever I 162 1 think -- we think needs to be informed of whatever 2 we're documenting that day, put in their mailboxes, 3 given to the shift supervisor, put on their roll call 4 board. 5 Sometimes I send out e-mails to just the shift 6 supervisor because I don't think the whole building 7 needs to know, or just the unit manager. It depends on 8 who I think needs to know the information. I don't 9 think it -- certain things the whole building doesn't 10 need to know. 11 MR. MCFARLAND: Mr. Ashe, did we ask you 12 about -- yeah, we did -- about characteristics of 13 victims and predators? 14 MR. ASHE: Yes, you did. 15 MR. MCFARLAND: And we did -- Ms. Marotte, we 16 asked you the same questions? 17 MS. MAROTTE: Yes. 18 MR. MCFARLAND: And I think we did with you, 19 Mr. Connor. All right. Well, thank you very much. 20 Appreciate it. We're going to now call the third 21 panel. 22 MR. ASHE: Thank you very much. 23 MR. MCFARLAND: Mr. John Kenney and Ms. Diane 24 Jimenez, please raise your right hand. 163 1 DIANE JIMENEZ, SWORN 2 JOHN KENNEY, SWORN 3 4 MR. MCFARLAND: Ms. Jimenez, would you please 5 state your full name and title for the record. 6 MS. JIMENEZ: Yes. My name is Diane Jimenez. 7 I am the assistant deputy superintendent in charge of 8 personnel. 9 MR. MCFARLAND: And how long have you been at 10 the subject facility, the Western Massachusetts CAC? 11 MS. JIMENEZ: I work for the sheriff's 12 department. So I'm -- I work out of the main facility 13 in Ludlow. 14 MR. MCFARLAND: In Ludlow, I see. 15 MS. JIMENEZ: For twenty years. 16 MR. MCFARLAND: And what did you do before your 17 present position? 18 MS. JIMENEZ: I worked as an intake counselor 19 at the prerelease center, and prior to that I worked at 20 the WMCAC facility for four years as a correctional 21 officer. 22 MR. MCFARLAND: Mr. Kenney, your full name, 23 title, what you do, and where. 24 MR. KENNEY: Okay. I'm John Kenney. I work 164 1 for special operations. I'm assistant superintendent. 2 And I work out of the Ludlow main facility. Special 3 operations is the security wing of the facility. It 4 encompasses perimeter security, response to incidents 5 inside the facility, intelligence investigations. 6 MR. MCFARLAND: Now, both of you have training 7 in investigating crimes within the correctional 8 facility? 9 MS. JIMENEZ: That's correct. 10 MR. KENNEY: Yes. 11 MR. MCFARLAND: Ms. Jimenez, do I understand 12 correctly you've attended the NIC course in 2003 that 13 was put on at the Center for Innovative Public Policy 14 about sexual assault? 15 MS. JIMENEZ: That's true. 16 MR. MCFARLAND: Has there been other training 17 that you've had related to sexual assault prevention 18 and investigation? 19 MS. JIMENEZ: More recently in May, I attended 20 a PREA training specific to the issue that we're all 21 discussing today put on by Bristol County Sheriff's 22 Department in North Dartmouth College. It was a 23 two-day training for investigators. 24 MR. MCFARLAND: Excellent. And Mr. Kenney, 165 1 what training have you had in that area? 2 MR. KENNEY: In 2001 I attended the National 3 Institute of Corrections investigations course in 4 Washington. In 2003 I attended the course as an 5 instructor. So basically as far as investigating these 6 types of situations, that's my training. I also 7 attended the training in May with Ms. Jimenez. 8 MR. MCFARLAND: Have either of you had occasion 9 to work with The Moss Group in DC? 10 MR. KENNEY: The Moss Group -- 11 MS. JIMENEZ: That's the training we attended. 12 MR. KENNEY: -- just put on that training in 13 May in Bristol County. 14 MR. MCFARLAND: Have you ever, either of you, 15 had any occasion to investigate an alleged sexual 16 assault or sexual misconduct at the Howard Street 17 facility? 18 MS. JIMENEZ: Yes. 19 MR. KENNEY: Yes. 20 MS. JIMENEZ: We both have. 21 MR. MCFARLAND: Ms. Jimenez, starting with you, 22 when have you done that? 23 MS. JIMENEZ: That investigation took place, 24 the one I can think of right off the top of my head, in 166 1 2003. 2 MR. MCFARLAND: And describe the general facts. 3 MS. JIMENEZ: General facts, an officer was 4 accused of having a sexual encounter, no penetration, 5 mind you, by an inmate, flirtatious encounter by an 6 inmate. 7 MR. MCFARLAND: And was it -- how was it -- 8 what was the outcome? 9 MS. JIMENEZ: The outcome in terms of our 10 disposition and what we did with him? 11 MR. MCFARLAND: Yes. 12 MS. JIMENEZ: We investigated based on, just a 13 little background, information we received from an 14 inmate who had been returned to higher security from 15 our Western Mass Correctional Alcohol Facility, and by 16 "higher security," I mean to our Ludlow correctional 17 facility. She wrote a letter or a note that there had 18 been sexual banter, flirtatious encounters with a 19 correctional officer. 20 MR. MCFARLAND: Male or female? 21 MS. JIMENEZ: Female inmate who reported about 22 a male correctional officer. We investigated the 23 complaint. We interviewed the inmates that were 24 present. We interviewed the inmate who filed the 167 1 initial complaint. We interviewed the correctional 2 officer. We interviewed all the staff that worked the 3 same shift as the correctional officer. 4 We listened to phone calls. We interviewed 5 another inmate who had been released from custody who 6 we believe had some knowledge. Some of the allegations 7 were -- we were unable to corroborate. Our 8 investigation did reveal he engaged in inappropriate 9 conduct, so he was suspended and transferred back to 10 our facility in Ludlow. 11 MR. MCFARLAND: So it was ruled substantiated, 12 founded? 13 MS. JIMENEZ: Some of the allegations were 14 substantiated. The sexual encounter was not 15 substantiated. We weren't able to gather enough 16 evidence to support that he had been involved in sex, 17 but we believe that he had been involved in flirtatious 18 behavior, conduct unbecoming of an officer, 19 inappropriate touching, just a lot of boundary issues. 20 And so we did transfer him. 21 He was suspended. We did refer the matter also 22 to the district attorney's office so that they can also 23 investigate it to see if they were able to find 24 anything criminal and were not. 168 1 MR. MCFARLAND: They were not, he was not 2 prosecuted? 3 MS. JIMENEZ: No. 4 MR. MCFARLAND: Did you concur with that 5 decision of the DA? 6 MR. JIMENEZ: Based on our own investigation, 7 we did. 8 MR. MCFARLAND: Who else investigated that case 9 with you? 10 MS. JIMENEZ: Myself and Mr. Kenney 11 investigated it. Also, we had other staff who had 12 worked at WMCAC who also assisted in the information 13 gathering because, again, we interviewed a number of 14 staff. We interviewed a number of inmates. Some 15 inmates had been released -- I should say residents, 16 excuse me, had been released from custody. 17 So we certainly had to look at managers who may 18 have had a role in relationships. Our unit manager 19 who's specific to the women's unit, she also 20 participated in that process to help us in the 21 information gathering. 22 MR. MCFARLAND: Was that Della? 23 MS. JIMENEZ: Yes, it was. 24 MR. MCFARLAND: And her last name is? 169 1 MS. JIMENEZ: Blake. 2 MR. MCFARLAND: Now, since that incident in 3 2003 -- 4 MS. JIMENEZ: Yes, sir. 5 MR. MCFARLAND: -- have you heard of, whether 6 you investigated or not, have you heard of any other 7 allegations of sexual assault or sexual misconduct at 8 the WMCAC? 9 MS. JIMENEZ: No, sir, I have not. 10 MR. MCFARLAND: How about you, Mr. Kenney? 11 MR. KENNEY: No, sir. 12 MR. MCFARLAND: So absolutely no allegations, 13 no kites, no relatives phoning in allegations that any 14 -- any such sexual misconduct by staff or inmates; is 15 that correct? 16 MS. JIMENEZ: Not to our knowledge, no, sir. 17 MR. KENNEY: No, sir. 18 MR. MCFARLAND: Mr. Kenney, do you have 19 anything to add to Ms. Jimenez's description of the 20 2003 investigation? 21 MR. KENNEY: No. Basically she covered it 22 well. We thought that there was some misconduct on his 23 part. You know, we probably have personal feelings as 24 to whether we believed it or not, but what we could 170 1 prove, I guess, to a degree of certainty was the 2 determinant factor. 3 MR. MCFARLAND: Among the sources that you 4 investigated, did you consult the -- any videotapes? 5 MS. JIMENEZ: I don't remember. 6 MR. KENNEY: At the time, sir, I don't think 7 there was videotapes available in that general area of 8 the facility that depicted where the incident would 9 have occurred. 10 MR. MCFARLAND: Where was the incident? 11 MR. KENNEY: It was in the -- the alleged 12 physical evidence was directly in front of a 13 high-standing desk in the women's unit day room 14 directly in front of that, yes. 15 MR. MCFARLAND: During what time? 16 MR. KENNEY: I would have -- it was on the 4 to 17 12 shift. This officer was assigned to the 4 to 12 18 shift. I would say, recollection, and I would not hold 19 me to this, somewhere in the vicinity of 8 p.m., maybe 20 later, the more I think of it. Maybe closer to 11, 21 11:30, the more I think of it. 22 MS. CHUNN: Was that in the day room or in a 23 bedroom or -- 24 MR. KENNEY: Yeah. This was depicted to me and 171 1 the way I understood it is the day room. 2 MR. MCFARLAND: And what is your understanding 3 of the burden of proof or the standard of proof by 4 which you decide whether to refer to the DA for 5 possible prosecution? 6 MS. JIMENEZ: We look to see if there's a 7 criminal aspect, certainly working under the guise of 8 Mass General Law Chapter 268, Section 21A. So once 9 it's crossed over into criminal, we have evidence to 10 corroborate that there's been a criminal aspect, that's 11 the point that we would consult with the district 12 attorney's office. 13 MR. MCFARLAND: And by standard of proof, I 14 mean, do you think in terms of beyond a reasonable 15 doubt, preponderance of the evidence, something in 16 between, convincing evidence? Do you have an 17 understanding of, either of you, of what the standard 18 of proof is by which that -- when it passes that 19 threshold, okay, this is serious enough, it goes to the 20 DA? 21 MR. KENNEY: The -- first of all, in order to 22 be prosecuted by the court in real life terms, there 23 has to be this penetration aspect that occurred. There 24 has to be this sexual act that occurred. And I guess 172 1 you can interpret that in different ways, but our 2 experience has been that there has to be this sexual 3 act that occurs. And then you would look for 4 corroborating documents, corroborating evidence, 5 corroboration of a fact of ability to be in that area 6 at the general time, any physical evidence of sort, any 7 descriptive on the part of the alleged victim of 8 certain little peculiar aspects of an individual or an 9 event that only he or she could be privy to - scars, 10 marks, and tattoos on a body, the fact whether a 11 perpetrator is circumcised or not, what type of 12 underwear there would be, if they had heard any type of 13 radio communication that would be pertinent to that 14 time frame that this occurred, these little details. 15 In a case that we recently finished, we had 16 inmate scanning records that indicated that an inmate 17 was in a certain area at a certain time, and it could 18 have occurred. So these are really the burden of proof 19 that would lend some credibility to an inmate's claim 20 that a sexual act has occurred. And this is all in the 21 absence of physical evidence, which we have never been 22 fortunate enough to get a real hot case where there's 23 actual physical evidence. Usually these things come to 24 fruition or come to our knowledge after the act has 173 1 occurred. 2 MR. MCFARLAND: So it's your understanding, 3 Mr. Kenney, that for there to be a crime under Chapter 4 268, Section 21A, that there needs to be evidence of 5 penetration? 6 MR. KENNEY: That would be my practical 7 interpretation. I -- and we can only go as far as the 8 DA will allow us to go. 9 MR. MCFARLAND: Is that -- when you say the 10 "practical interpretation," you mean as opposed to the 11 literal interpretation of the wording? 12 MR. KENNEY: Yes. 13 MR. MCFARLAND: So I assume that what you're 14 saying is that you've had communication with the DA's 15 office, and they've told you: Look, unless you can 16 come up with evidence of penetration, we don't want to 17 bother because we just can't make it stick, so to 18 speak? 19 MS. ELLIS: Would that be vaginal penetration? 20 MS. KENNEY: No. I would say it would be any 21 type of orifice activity involving genitalia. That 22 would be -- 23 MR. MCFARLAND: But can you answer my question? 24 MR. KENNEY: Yes, sir, I will. I was thinking. 174 1 MS. ELLIS: Give him time to think. 2 MR. KENNEY: Have I ever had a DA told me no, 3 no. 4 MR. MCFARLAND: Well, then, there -- what's the 5 source of your practical interpretation of -- 6 MR. KENNEY: I've worked with the DA on a lot 7 of issues. Sometimes the cases get triaged to an 8 extent, based on the workload, up there. And their 9 ability to win the case based on evidence, they're 10 looking for that home run, you know, they're looking 11 for that -- the touchdown, the one that they feel they 12 can prove. 13 MR. MCFARLAND: So I'm looking at the language 14 and it defines sexual relations, for purposes of this 15 section, shall include, quote, Intentional 16 inappropriate contact of a sexual nature, including but 17 not limited to conduct prohibited by, five other 18 sections and different chapters, and I don't know what 19 those -- 20 MR. KENNEY: They're all the rape statutes, 21 lewd and lascivious conduct, prostituting, all common 22 knowledge acts that we would all consider to be against 23 the law. 24 MR. MCFARLAND: So kissing would not be sexual 175 1 relations? 2 MR. KENNEY: I don't want to -- I hate to get 3 into a President Clinton interpretation of what is and 4 isn't. You know, I do know that, practically, to 5 advance with the DA, they're going to look for that 6 sexual act as opposed to kissing or touching. 7 MS. ELLIS: Mr. Kenney, as you ticked off those 8 methods of investigation, various methods that you 9 might employ in determining guilt or innocence of 10 guilt, for that matter, would you ever resort to a 11 sting and have the victim talk on the telephone with 12 the alleged perpetrator? 13 MR. KENNEY: Have I considered it? 14 MS. ELLIS: Would you ever consider it? 15 MR. KENNEY: I've considered it but, first and 16 foremost, in our job is care and custody of the inmate, 17 and I've always weighed that heavily in whether it be a 18 sexual misconduct investigation or a drug investigation 19 or anything. I'm very, very highly reluctant to place 20 an inmate in a position of jeopardizing his or her 21 safety, and a lot of times I feel by doing these 22 sting-type operations, you can open up that inmate to 23 retribution. So I -- I absolutely have shied away and 24 I've never done one for a sexual misconduct situation. 176 1 Never. 2 MS. CHUNN: Mr. Kenney, do you have any 3 proactive strategies that you use to find whether or 4 not this facility may be experiencing some problems 5 with sexual and inappropriate standard behavior? 6 MR. KENNEY: By "proactive strategy," training, 7 information, the ability to -- although I don't work 8 down there, I know that the staff there have certain 9 informants that would tell them what would be 10 occurring. It's been my understanding that you cannot 11 have a secret in a jail no matter -- no matter how big 12 it is. Somebody always tells on somebody else. It's 13 almost a foolproof method of finding out what's going 14 on in the jail is you can always find out from the 15 inmates, always. 16 MS. CHUNN: So do you make yourself available 17 for that kind of information? 18 MR. KENNEY: If there's an investigation that 19 comes to light at the alcohol center, then Diane and I 20 would be -- would be definitely involved in the 21 investigation, yes. I'd like to make a point that we 22 feel it's a strong relationship between the security, 23 investigator's background, and human -- human 24 relations, human resources, actually personnel 177 1 department. We find that a very strong way to perform 2 investigations from a security and a personnel 3 standpoint. 4 MR. MCFARLAND: And the good news is that you 5 really don't get much business from WMCAC, do you? 6 MR. KENNEY: No, sir. 7 MS. JIMENEZ: That's great news. 8 MR. MCFARLAND: So we're pretty much just 9 talking about theory or a case five years ago? 10 MR. KENNEY: As far as WMCAC, yes. As far as 11 WMCAC, yes. 12 MR. MCFARLAND: That's tremendous. How does 13 that differ from Ludlow? 14 MS. JIMENEZ: Well, in what regards, because 15 it's certainly a lot bigger? It's a lot bigger 16 facility. There's a lot more staff, a lot more people 17 in and out, volunteers, contractors, interns. 18 MR. MCFARLAND: When's the last time you 19 investigated an alleged staff-on-inmate sexual 20 misconduct at Ludlow? 21 MS. JIMENEZ: Last year. 22 MR. MCFARLAND: Last year? 23 MS. JIMENEZ: As a matter of fact, it was a 24 case that we ended up prosecuting four correctional 178 1 officers for staff sexual misconduct. 2 MR. MCFARLAND: Four of them? 3 MS. JIMENEZ: Four correctional officers. 4 MR. MCFARLAND: And what was the disposition? 5 MS. JIMENEZ: It was a case that was also 6 referred to the district attorney, prosecuted. Two 7 were found guilty, one pled, and another was -- he was 8 acquitted. 9 MR. KENNEY: We think that the convictions were 10 the first, by jury trial, since the 1999 law went into 11 effect in the Commonwealth of Massachusetts. It was an 12 eleven-day trial, and we were able to convict two 13 officers of sexual misconduct. 14 MR. MCFARLAND: And what was the sentence? 15 MS. JIMENEZ: For the officer who was convicted 16 of sexual misconduct, he received three years state 17 prison. The other officer received three years of 18 probation, supervised probation. And the second 19 officer, he was charged as a joint venturer, not as an 20 officer who had sex with this inmate. So that's what 21 separated, we believe, the convictions. 22 MR. MCFARLAND: Was penetration involved? 23 MR. KENNEY: Yes. 24 MR. MCFARLAND: Repeated acts? 179 1 MR. KENNEY: Two -- on the conviction that 2 we've got, we had two charges of sexual misconduct. We 3 were able to prove in court and get a guilty verdict on 4 one of the instances. 5 MR. MCFARLAND: So you don't have anything to 6 do with the Worcester, Berkshire, Hampshire, or 7 Franklin County investigations; is that correct? 8 MR. KENNEY: If there was an incident at WMCAC 9 involving one of their inmates, we would be obligated 10 to involve their staff, yes. 11 MS. CHUNN: Ms. Jimenez, what screens do you 12 use when you are -- I take it you are involved in the 13 hiring of staff? 14 MS. JIMENEZ: Yes, ma'am. 15 MS. CHUNN: Yes. For Howard Street. What 16 screens do you use to find out whether or not a 17 prospective employee may have been involved in any 18 inappropriate sexual behavior in past times or been a 19 victim or a perpetrator or what have you? 20 MS. JIMENEZ: That's a long question. 21 Certainly we -- 22 MS. CHUNN: I always ask the long ones. 23 MS. JIMENEZ: We screen our applications 24 through the -- there's an advertisement. We bring in 180 1 folks. We'll interview them. We like them, they have 2 credentials that qualify them, proceed them onto yet a 3 second panel of interview where there are a number of 4 questions that we ask with respect to their background, 5 experience, skills. We also conduct a thorough 6 background check on each and every employee that's 7 hired, which includes their employer. We review their 8 personnel files, their attendance records, whatever 9 information their previous or current employer will 10 allow us to review, we do that. 11 We also speak to their neighbors, find out the 12 kind of good neighbor they are or not so good neighbor. 13 And also, they provide personal references which we 14 also follow up on as well, and we conduct a Criminal 15 Offenders Records Information check. So those are the 16 basic tools that we use and employ for all of our 17 hires. 18 MR. MCFARLAND: Do you inquire into sexual 19 preference or orientation? 20 MS. JIMENEZ: No, sir. That's an illegal 21 question to ask a person during an interview. 22 MR. MCFARLAND: If you were investigating a 23 staff member for misconduct and they chose to resign, 24 would that stop the investigation? 181 1 MS. JIMENEZ: No, it does not. We conclude the 2 investigation all the way, take the investigation all 3 the way. 4 MR. MCFARLAND: Has there ever been an occasion 5 when there was kind of a deal struck that, look, if 6 you'll resign, the investigation will stop? 7 MS. JIMENEZ: I just need a moment to think. 8 No. 9 MR. MCFARLAND: Mr. Kenney? 10 MR. KENNEY: No. 11 MR. MCFARLAND: I want to thank you both very 12 much. 13 We'll now hear from our final panel, the 14 Honorable Sheriff Michael Ashe, Jr., and Mr. James 15 Kelleher. 16 JAMES KELLEHER, SWORN 17 MICHAEL ASHE, JR., SWORN 18 19 MR. MCFARLAND: Sheriff Ashe, I think I speak 20 for the Panel in saying it's a privilege to not only to 21 have you here but to see one of the most extraordinary 22 correctional facilities I've ever been in. It's a 23 completely different environment. It's -- you have 24 some extraordinary staff. They seem to know everybody, 182 1 seem to like everybody. They seem to give and receive 2 respect. 3 And I'm not going to butter you up anymore, but 4 I just want you to know that if it hasn't been evident 5 already, we're really impressed with what you're doing. 6 I've never met a sheriff with an MSW and that permeates 7 the therapeutic environment. And I want you to know 8 you're making it very difficult for us to find lots of 9 parallels between this and other facilities. 10 So -- but we are -- part of what we're trying 11 to do, in addition to finding common characteristics, 12 is also to find replicable best practices. And so to 13 you and to any of the rest of the staff, if my 14 questioning in particular has been a little more 15 vigorous than you expected, it's just because we're 16 trying to find out how you do what you do and why you 17 don't do certain things that others do and what 18 difference would it make. 19 And so, again, we're -- this is not an 20 inquisition. We're grateful to have your expertise and 21 testimony. 22 SHERIFF ASHE: We're honored too. Thank you 23 for those comments and thank you for your visit and 24 thanks for your work. We know this is a main issue, 183 1 you know, as we all know in terms of correctional 2 facilities. I said to you yesterday, you know, is it a 3 warehouse or a correctional facility, and certainly 4 these are signs of stagnation and disrespect and lack 5 of professionalism. So I think we're all about trying 6 to elevate the whole aspect of corrections. 7 And I think in the last 20 or 25 years, to my 8 way of thinking, that universally there's been great 9 strides and I think it's really work like this that 10 really lends itself to focus in on helping and 11 enhancing what we're doing. 12 So applaud you for your work. 13 MR. MCFARLAND: Sir, we have your written 14 statement of eight pages, and you're -- of course, 15 you're free to deliver any opening remarks if you wish. 16 But this will be made part of the record. 17 SHERIFF ASHE: Right. 18 MR. MCFARLAND: Is there anything else you 19 wanted to say? 20 SHERIFF ASHE: No, other than really sort of 21 highlighting the overall philosophy, which I tried to 22 do last night, and I was just periodically talking to 23 you. But certainly, you know, touching upon those 24 seven principles, you know, firm but fair, and focus on 184 1 corrections, you know, trying to place people in their 2 lowest level of security, having respect, you know, 3 allowing the community to come in, which is very, very 4 crucial. 5 And then I think looking at some systemic 6 issues, you know, which, obviously, reinforce that and, 7 you know, which to my way of thinking, you know, being 8 no nonsense is that the -- you know, as we know in 9 government, you know, you can have these ideas or 10 thoughts but unless you put the right people in the 11 right place to implement them, you know, they fall on 12 deaf ear. And I've been very blessed. One of the 13 things I really like to feel I've really concentrated 14 on is really hiring good people that care and are 15 dedicated. 16 It's not really -- you don't have to have a 17 degree from MIT or Harvard, but I think that aspect, 18 the caring, dedicated, and having respect for others 19 and seeing people's potential, you know, it's always 20 nice to see. I think this is a field where, you know, 21 when you look back years ago, and I always felt this, 22 that if -- particularly when I started back in '75, is 23 the patron system was rampant in terms of 24 politicalization of the work versus using the patrons 185 1 to enhance professionalism. And to my way of thinking, 2 I always -- that's a key aspect as to what I look for, 3 you know, in terms of the administrator, in terms of 4 how we -- what he's looking for in terms of hiring, 5 what are the kind of characteristics, level of 6 education, because I think it's rampant in this 7 particular field that when one cannot find the work, 8 okay, you know, as a police officer, as a court 9 officer, as a -- what you and I know, there's a pecking 10 order regarding the criminal justice system, and at one 11 point the lowest of which was being a worker in a jail 12 or a prison. 13 And I think what we have attempted to do is 14 elevate that, and I think, as you've seen, that these 15 are all people from the community. They all come back. 16 So it's very, very important how they come back. 17 Because you and I know it's always been out of sight, 18 out of mind, the fortress in the woods, you know, 19 closed kind of environments. And so -- and I think 20 that's been our work, you know, and that's been the 21 exciting part of our work. So yeah. 22 MS. ELLIS: It's been a privilege to visit with 23 you and to be a part of our discussion today. I cannot 24 tell you how -- how much respect I have for the work 186 1 that you've performed, your entire staff. Your passion 2 for the work shows. There's simply no denying that. 3 There are a number of innovations that I particularly 4 appreciate. 5 I was struck by my discussion with a young 6 resident yesterday who talked about the special program 7 of hope and healing and your grouping together people 8 who have the same infractions and having them work 9 through the support group regarding their issues. I 10 think that is an unbelievable approach to helping 11 people and making a difference. There were so many 12 other instances that I became aware of. It's been a 13 real learning experience and I share the Chair's 14 sentiments in our being eager to learn from you. 15 I asked the question, Sheriff, earlier this 16 morning about simply who knows about you throughout the 17 nation, how well known is your federal program, and are 18 you beset at all times with people wanting to visit and 19 wanting to learn from you. So I would pose that 20 question to you at this point. How often are you 21 sought for your expertise and for your specialty? 22 SHERIFF ASHE: Well, I think we've been blessed 23 with the -- particularly the National Institute of 24 Corrections and ACA and National Commission on 187 1 Correctional Health Care and, you know, in terms of 2 being very involved in that process and, you know, 3 versus, for example, you know, like the National 4 Sheriff's Association. You know, I always figured 5 those agencies were really the ones that we wanted to 6 focus in on because here in Massachusetts, it's -- you 7 know, I'm not really involved, if you will, in law 8 enforcement. 9 My main responsibility, I've always felt, is 10 corrections, but we've been blessed, Carroll, in terms 11 of having invitations, you know, like to the Urban 12 Institute, NIC. So, you know, like today, for example, 13 we have Multnomah County from Portland, Oregon. 14 They're here today. There's seven staff that came 15 looking at the whole concept of reentry. I think 16 there's not, you know, a week or a month that goes by 17 that the staff, and certainly here, you know, the 18 various staff, they're also involved in at their own 19 level as well in terms of whether it be victim impact 20 programs, reentry, prison industry, you know, all these 21 different aspects that we find exciting in terms of, 22 you know, our work. 23 And so -- but I would just say, you know, it's 24 always flattering but I -- but I always look at the 188 1 acknowledgment is not on us as individuals but really 2 on our work, and I think that's what we're so excited 3 about is to have somebody like you come so we can share 4 with you as to what we're doing and to elevate this 5 work. Because we know, and I know firsthand coming 6 into an old facility back at York Street, you know, 7 1975, and this was an old linear type of jail. 8 It was built back in Grover Cleveland's time, 9 and here I'm running it as a social worker, you know, 10 and people were extremely apprehensive, you know, 11 because at that time I was 34. I just had a background 12 in being a house parent for kids and being a social 13 worker and, you know, when you're running for sheriff, 14 that's a very soft image, you know, quote, social 15 worker, you know, giving things away, welfare system, 16 etc., etc., in terms of the simplistic answers that 17 people can give in bars or coffee shops in terms of a 18 label, a label, but I really never thought that we 19 would, obviously, prevail, but I was very fortunate at 20 that time that I did. 21 Then I was able to see firsthand the lack of 22 professionalism, if you will, the -- and I don't think 23 we are that unique, you know, regarding our county. It 24 was really, in my opinion, it was pretty universal, you 189 1 know, the -- that lack of professionalism, you know, 2 sort of the warehousing kind of concept, the out of 3 sight, out of mind. That was just the times, you know. 4 And so -- and my brother always said -- I'm 5 very blessed, my brother is with me and we've been 6 together for 33 years. Jay also has a master's in 7 social work, and he worked with mostly disturbed kids. 8 So I was in a group home, and Jay was in a children's 9 center down in Hampden, Connecticut, for mostly 10 disturbed. And so we formed this partnership, Jay and 11 I. So it's been a wonderful journey, you know, for... 12 MS. CHUNN: Sheriff, how difficult was it to 13 get five other -- to get five counties to come in and 14 buy into this kind of thing, because that also means 15 putting up some money, too, doesn't it, or does it? 16 SHERIFF ASHE: No. 17 MS. CHUNN: No money? 18 SHERIFF ASHE: No. 19 MS. CHUNN: Well, even the concept of just 20 having five different sheriffs to join with you in 21 doing this, would you talk a little bit about that. 22 SHERIFF ASHE: Yeah. Really, Gwen, it wasn't 23 that hard. Again, I know -- like we always say in 24 life, it's based on relationships. And Bob Garvey, I 190 1 mean, you know Bob, you know the kind of person he is. 2 He could see that -- he was appointed under Dukakis. 3 So we had a relationship, if you will. 4 You know, I tried to be a friend to him, you 5 know, and knew him before he became sheriff. So, 6 again -- but I would have to attribute that, you know, 7 a lot of times it's leadership. And Carmen Massimiano 8 in the Berkshires played a key role. Carmen is a 9 strong figure, believes very strongly in treatment and 10 education, for example, and he was a spearhead. In 11 fact, I have to credit him with a policy, and the 12 policy was that -- you know, because here, again, just 13 so from a geographic standpoint, the Berkshires is 14 about 55, 60 miles away. So if you're an inmate and 15 say: Hey, get me transported down to Springfield to go 16 to a treatment facility, the natural thing is to say: 17 Hey, I don't want to go. 18 And at that time, he made the decision in our 19 informal session that we had, because there was no 20 written policies or anything else, he just said, I'm 21 going to make it mandatory that anybody who's arrested 22 for a DUI, that's where they must go for that and, of 23 course, that -- it all fell in. But, you know, Carmen 24 was a strong figure and then, obviously, Bob's been a 191 1 good friend, and those two, and then we've had some 2 turnover up in Franklin, Don McQuade and now Fred, but 3 they could all see the tremendous benefit because it's 4 not just ourselves, but it's also the judiciary. There 5 isn't a warrant or a -- that comes in that isn't, for 6 example, written on: Recommend Western Massachusetts 7 Correctional Alcohol Center. 8 I bet it's a good 50 to 60 percent of all the 9 commitments that we have come from judiciary. But -- 10 so, again, it was relationships, Gwen, and sheriffs who 11 believe in what we're doing, and that's where I'm 12 blessed, you know. And the three of us are the senior 13 sheriffs, you know, among the Mass sheriffs. So I'm 14 the senior, 33 years; Sheriff Carmen Massimiano I think 15 is next, about 30 years; and Bob has about 26 or 27. 16 But, you know, they're -- all their background 17 was as probation officers and as educators, you know, 18 versus a strong law enforcement kind of background in 19 terms of just police work or state police. 20 MS. ELLIS: Sheriff, you heard our discussion 21 about PREA and training and where you seem to stand as 22 a facility. Would you comment on that discussion and 23 what your thoughts are about your training program and 24 putting up the information regarding PREA informing 192 1 residents, making them aware, making your staff aware, 2 what are your thoughts and comments about that 3 discussion? 4 SHERIFF ASHE: Well, I think, too, we always 5 feel like this is a journey, and we're listening to you 6 as well, you know, I want you to know that. And 7 certainly I know Jim mentioned about the program he had 8 a chance to visit in Ohio with that 12-minute video and 9 that kind of thing. So, but no, you know, here, again, 10 you know, do you mean what you say, you know, and 11 certainly professionalism, that's the whole basis of 12 professionalism is training. 13 You know, you and I know, and I can recall, and 14 this is when I'm going back to -- harken back to the 15 old days of the warehouse, quote, guard concept was 16 that, you know, you gave the person the keys and tapped 17 them on the shoulder and said: Go get them. You know, 18 that was training, okay, back in '75, you know, and so 19 on and so forth. And so for us to -- you know, there 20 was -- we looked at even the 40-hour training that's 21 mandated, but I always looked at the correctional 22 officer and the staff, in all due respect, and I would 23 be the same, when you're leaving a correctional 24 facility for a week for a training program, the last 193 1 thing in the world you want to do is hear about 2 anything to do with corrections or standards or those 3 kind of things. 4 And so -- so in answer to that, I think the 5 thing we all feel excited about is the -- is that we 6 value the staff and how do you show you value the staff 7 is when they -- you know, based on what Diane laid out 8 was this new hiring procedure versus some of the old 9 ways that we used to hire people was that a county 10 commissioner would write on a matchstick cover, okay, 11 his name, and the person would come through the door, 12 and the word was you were expected to put this person 13 to work. I always remember when I attended a 14 conference in -- these were two good friends, we met in 15 Pittsburgh, we used to -- this is some of my staff, we 16 used to sit down and have some interesting 17 conversations with some of the county administrators. 18 But no, again, Carroll, it's so important in 19 what you convey. So one is the hiring, what takes 20 place there. You know, and today we have the exam that 21 -- the national exam on correctional officers, given a 22 video, there's 83 or 84 multiple choice questions and 23 -- which really is not sort of, if you will, an 24 intellect challenge, it's more about judgment, 194 1 decision-making, you know, common sense. Then the 2 interviews, just as Diane, I thought, laid it out 3 beautifully in terms of the process. And then -- then 4 after a panel, which was not always the case, you know, 5 this is -- we've evolved into this, and then I finally 6 see them. 7 But you can see it's almost predetermined, if 8 you will, by the time they come to me that -- in fact, 9 I cannot think of that many that I've turned down after 10 they go through this process, and so on, because of the 11 scrutiny and that aspect. But no. Then now the 12 academy, the 7-week academy which ends up to be 10 13 weeks, and then the 16-hour training, then our 14 biweeklies. And you know, and I give great credit to 15 that in terms of that -- what it really says is: Hey, 16 you're valued. 17 In fact, we even pay overtime, you know, for 18 training. That's something we built into the budget, 19 you know, that -- for those biweeklies, and we picked 20 that up in Pennsylvania. You know, when we talk about 21 traveling has taken a roll call, and I remember they 22 would set up that roll call, a five-, ten-, 23 fifteen-minute scenario, and I said, What a wonderful 24 idea because, you know, you think of one week of 195 1 training, you know, really doesn't do it. It's got to 2 be consistent and constant and those kind of things. 3 So we immediately adapted that and came back in 4 providing 26 biweeklies. That's what we do. And then 5 the staff select those biweeklies, you know, in terms 6 of what would be -- and there's a lot of creativity. 7 So you have your core kind of curriculum but then also 8 they're able to be creative, you know, in terms of 9 developing. But so we have 26 biweeklies. So they 10 have that -- you might say the 10-week training 11 program, then the 16-hour. And then in addition to 12 that is the 20 of the 26 biweeklies. 13 So we break up the 52 weeks into 26, and they 14 get a bonus of a thousand dollars for attending 20 of 15 the 26 biweeklies. So we put some -- so we put some 16 private initiatives, private strategies into government 17 to, again, to show the staff they're valued and those 18 kind of things. 19 MR. MCFARLAND: Sheriff, do you think that one 20 of those biweeklies may soon be on sexual assault 21 prevention, investigation? 22 SHERIFF ASHE: Oh, sure. Oh, absolutely. 23 MR. MCFARLAND: Has that ever been done? 24 SHERIFF ASHE: Oh, yes. To my knowledge, yes, 196 1 absolutely. 2 MR. MCFARLAND: Mr. Kelleher, when was that 3 that a biweekly was focused on sexual assault? 4 MR. KELLEHER: The last one -- I can defer to 5 Diane. 6 SHERIFF ASHE: And Steve, in every 16-hour 7 training -- 8 MR. MCFARLAND: I understand. 9 SHERIFF ASHE: Yeah. I just wanted to... 10 MR. KELLEHER: I'm not sure, Steve, when the 11 last one was held. 12 MR. MCFARLAND: Within the last year? 13 MR. KELLEHER: Yeah, I believe so. 14 SHERIFF ASHE: Yeah. So it's at the academy, 15 Steve, and then it's reinforced with the annual 16-hour 16 training, that both -- yeah. 17 MR. MCFARLAND: I just want to put into the 18 record some of the documents you gave us yesterday, and 19 you need to authenticate them for us. And this one is 20 on purple paper, but when it gets in the transcript, it 21 won't be purple. So I'm just going to have it marked 22 Kelleher 1, and it's entitled "Western Massachusetts 23 Correctional Alcohol Center" with Mr. Kelleher's name 24 and Sheriff Ashe's name at the bottom with a little 197 1 insignia that indicates "Stop" on it. 2 And is this an accurate description of the 3 eligibility and disqualifiers for your facility? 4 MR. KELLEHER: Correct. 5 MR. MCFARLAND: And then there's a document 6 entitled "Melanie's Law, DUI Laws," which I assume is 7 driving under the influence, and it's about five pages 8 long. It's a matrix of what prison term, fine, and 9 license suspension is associated with OUI offenses; is 10 that accurate? 11 MR. KELLEHER: Yes. 12 MR. MCFARLAND: Then there's a two-page mission 13 statement, philosophy, and history on your facility. 14 Is that all accurate? 15 MR. KELLEHER: Yes. 16 MR. MCFARLAND: And then there's a document, 17 two-page fax sheet, and I wonder if -- if you have more 18 recent information about the DUI recidivism rate at 19 your facility. This indicates 4.7 percent in 20 comparison to a rate without treatment of 16.8, which 21 is extremely impressive, four times better than the 22 average. So is there more recent information? 23 MR. KELLEHER: There is, Steve, but we're 24 currently involved in a review process with our 198 1 research department to kind of pull out those recent 2 stats. 3 MR. MCFARLAND: And how about more recent 4 information than 1996 about the average cost per bed 5 per day at WMCAC? 6 MR. KELLEHER: We have that. I'm not sure as I 7 sit here what exactly that is but -- 8 MR. MCFARLAND: What's your best estimate of 9 that number? 10 SHERIFF ASHE: About 34 -- we could say 35,000, 11 35,000 per inmate. 12 MR. MCFARLAND: Divided by 365 days? 13 SHERIFF ASHE: No. That's annually. 14 MR. KELLEHER: Annually. 15 MR. MCFARLAND: So this was $66 per bed per 16 day, and you're saying it's now about 35,000? 17 SHERIFF ASHE: Yeah, about 35. 18 MR. MCFARLAND: Per year? 19 SHERIFF ASHE: Per year. 20 MR. MCFARLAND: So somewhere pushing $95 a day? 21 SHERIFF ASHE: Yeah. 22 MR. MCFARLAND: Per bed, okay. I wanted to ask 23 about the group -- is it -- would it be group therapy? 24 MR. KELLEHER: Mm-hmm. 199 1 MR. MCFARLAND: This is a brochure entitled 2 "Group Information," has an owl on the front and it 3 describes each of the classes. Is this an accurate 4 description of the programming? 5 MR. KELLEHER: Yes. 6 MR. MCFARLAND: And is it true that your 7 residents must attend GED or ESL classes if they don't 8 have a GED or a high school diploma? 9 MR. KELLEHER: Yes. Steve, as we talked about 10 yesterday, that's one of the programs that we're really 11 excited about at this point based on our commitment to 12 getting the residents out into the community and 13 engaged in their communities, and particularly at the 14 community college level. 15 MR. MCFARLAND: Now, I would imagine that it 16 has an additional benefit of getting them inspired to 17 want to further their education? 18 MR. KELLEHER: That's our attempt. I mean, 19 certainly we -- but it all starts, as the captain 20 talked about this morning, it starts at the main 21 institutions prior to people coming to our facility. 22 And if they're inspired there and encouraged, that will 23 spill over once they arrive to our facility, which 24 we're hoping happens, and if not, we keep going at them 200 1 while they're with us in hopes that they understand the 2 benefit and appreciate how to better themselves and 3 take advantage of all the opportunity, education being 4 one opportunity. 5 SHERIFF ASHE: Steve, I just -- to me, I just 6 want to comment on the education aspect. To me, it 7 really was reported to me by my education department 8 this year, because we just had a -- before the 9 Governor's Anti-Crime Council, Governor Deval Patrick, 10 we were able to devote a topic of reentry, and they met 11 at the Western Massachusetts Correctional Alcohol 12 Center, but at the time, just for this fiscal year, 13 okay, looking at July 1 to June 30, we had over 272 14 inmates that were involved in the community college, 15 that were involved in, and 120-something from within 16 the facility, part of which was at the WMCAC, you know, 17 in terms of going, and about 150, I'm just rounding it 18 off, that were -- that were, if you will, on probation, 19 parole or discharge doing wrap-up who are attending 20 community colleges. And of course, that's part of that 21 aftercare in terms of having -- following that 22 continuum, you know, that we're talking about. 23 MR. MCFARLAND: Have you had any problem having 24 the facility across the street from a working community 201 1 center and an elementary school? 2 SHERIFF ASHE: Steve, I think -- I just want to 3 -- I think I was sharing yesterday that that was great, 4 you know, that the -- there was great apprehension and 5 great concern, but it turned out to be a silver lining, 6 if you will, or a real jewel, you know, from the 7 standpoint of, as we know today, absent the boys clubs 8 and girls clubs and the Y, many of these community 9 centers are independent and do not have any kind of 10 sustained funding. And many of them have to fall by 11 the wayside, if you will, and because, you know, 12 they've seen the day, but here's one that we brought 13 new life, if you will. And I'm just putting -- really 14 Jimmy and the staff have really done that in terms of 15 having -- you know, from a maintenance standpoint to a 16 staffing standpoint -- 17 MR. MCFARLAND: Well, how so? Do you provide 18 staff or maintenance for the school? 19 SHERIFF ASHE: Yeah. These are the things -- 20 this is all part of our community restitution, Steve. 21 So part of that reciprocity with the community. So -- 22 MR. MCFARLAND: So you have residents that go 23 into the elementary school and do custodial or 24 janitorial? 202 1 SHERIFF ASHE: Oh, no. I meant the community 2 center. As far as the educational department, I said 3 yesterday, we did have the principal was a strong 4 proponent of ours, and there were things that you did, 5 Jim, in terms of the school? 6 MR. KELLEHER: Community service at that site 7 on evenings or off-school hours or weekends. 8 MR. MCFARLAND: In the community center or at 9 the school? 10 MR. KELLEHER: At the school. And currently at 11 the community center we have three residents at that 12 site performing community service. 13 MR. MCFARLAND: While kids are present? 14 MR. KELLEHER: No. And we also have one of our 15 female residents that answers the phone, she's a 16 receptionist there. We also, as I mentioned yesterday, 17 in the basement of that facility we have our 18 restitution warehouse of sorts where, you know, a 19 launching pad for all our restitution sites every day, 20 which is some six different crews move out of that area 21 along with the Springfield Department of Public Works 22 and Forestry Department. 23 We're very excited about our relationships. As 24 a matter of fact, over the last -- about a month ago, 203 1 we hosted -- cohosted, with that center, a community 2 brunch where they invited the members of the community. 3 Our residents prepared the meals, set up the tables, 4 hosted the event, and we had the mayor and others at 5 that site. So the relationship is wonderful and that's 6 been long established with the former director and the 7 staff, and it continues today. 8 SHERIFF ASHE: I just want to, just to further 9 just touch upon my way of thinking, one of the great 10 breakthroughs in corrections has been community 11 restitution. And as you know, as you drive by the 12 highway and look at the county jail or prison, you 13 know, people see a waste of lives and time and so on. 14 And so when taxpayers can see that the -- inmates out 15 there, if you will, contributing and going beyond 16 picking up leaves along the highway but really doing 17 some skill kind of things. And we've been very 18 blessed, the fact that the communities have welcomed us 19 because -- and certainly Jim and the staff have been in 20 the forefront, they've been in the forefront of this. 21 An example would be the going up and down Main 22 Street, you know, in terms of, quote, if you will, 23 bringing some real substantive aspects of seeing that 24 they're getting the bang for their dollar, you know, in 204 1 terms of taxpayers. And Jim and the staff have done -- 2 I mean, it's incredible the amount of time and effort 3 and different agencies that Jimmy could spend hours 4 here talking about what the staff has done just in the 5 South End. 6 I was saying to your panelist yesterday that 7 our bid is up every five years, and there was a threat 8 that we were going to move away, and they came to us, 9 the city fathers, and said: Hey, you're the anchor now 10 of the community, you know, and so I just share that 11 with you. 12 MR. MCFARLAND: That's great. Is sexual 13 assault discussed in the group therapy sessions? 14 MR. KELLEHER: It does come up. Residents that 15 are willing and, at that moment, ready to disclose 16 might share. It's -- as you all know, in a 17 correctional environment, it's not the -- it's not 18 perceived to be the safest place to disclose that type 19 of information. However, you know, it's real, it 20 exists. 21 And one of the things that, as the sheriff 22 mentioned, that I appreciate and we all appreciate is 23 this review. We welcome Department of Correction. We 24 welcome ACA. We welcome all the outside agencies 205 1 coming in because we have an opportunity to learn. And 2 certainly in preparation for today, in addition to our 3 tour yesterday, etc., we've really been doing some good 4 thinking, and you've sparked some of our thought 5 processes around what -- what more can we do to 6 identify and name that elephant and then to create -- 7 further create an opportunity to -- for our residents 8 to really gather the information in support of their 9 opportunity to unleash some of that -- some of those 10 traumas. And we cite that over and over again, not 11 specific enough perhaps to sexual abuse but certainly 12 specific enough to trauma history. 13 And coincidentally, as I was sharing with staff 14 at lunch that don't work in our facility, over the last 15 six months, as I mentioned yesterday, we're in the 16 process of soliciting outside agencies to assist us, 17 especially with the male trauma issues and the 18 identification of as well as the handing of the baton 19 over to an outside agency where our residents might be 20 comfortable. We've entertained the idea of running 21 support groups for male trauma survivors within our 22 facility, but we know that, inherently, no matter what 23 we do, we're a correctional environment and will always 24 -- there will be some portion of us that's always 206 1 determined to be that correctional environment, which 2 isn't conducive necessarily at all times to safe 3 disclosure. 4 And so we're attempting to marry up and partner 5 with community agencies, Valley Psych and others, that 6 we've had meetings with. That's what we feel to be the 7 crux of where we need to be. We also have some people 8 in-house who have some really good experience and 9 resources relative to this issue that, again, our plan 10 is to put them into the community. So if residents -- 11 residents can then seek appointment with our staff in 12 the community at an independent safe office space that 13 we share with a community agency. 14 So that's our goals in the near future. But we 15 can't -- we can't expect for these issues to surface 16 and/or for somebody to be comfortable enough unless we 17 open the door. And some of the recommendations that 18 you have in our discussion will permit us and remind us 19 of kind of opening that door just a bit more for people 20 too. 21 MR. MCFARLAND: Does sexual assault come up in 22 individual counseling, and if not, are you open to 23 that? 24 MR. KELLEHER: Oh, absolutely. No. It comes 207 1 up. And I think that part of the issue here is staff 2 comfort level. Unless staff are comfortable with the 3 issue -- you know, in corrections, historically, it's 4 always been: Why open that can of worms? What do we 5 do with it if -- it's our clinical manager, it's our 6 specialists that have to create that opportunity, 7 create the sense of, you know, we can handle that 8 issue, you know, it's real. It needs to be addressed, 9 and we'd be naive to think that much of the drug and 10 alcohol abuse, we view it as systemic, that these are 11 symptoms of something much deeper. 12 And we cover that weekly in our orientation 13 classes, but certainly, again, this awareness and 14 heightened respect to the issue, it's something that, 15 you know, we need collectively, not only on Howard 16 Street but departmentwide. This is, again, some good 17 reminder for us. 18 MR. MCFARLAND: Do you have some boundaries on 19 no touch by staff? 20 MR. KELLEHER: No touch of? 21 MR. MCFARLAND: Of inmates? 22 MR. KELLEHER: Yeah. Certainly. 23 SHERIFF ASHE: Yeah. 24 MR. KELLEHER: And Brian spoke to the role play 208 1 scenarios. And that's where, you know, the rubber 2 meets the road in those trainings, you know, is this 3 okay? Is this okay? Well, no, it's not. And what can 4 be the implication and/or message. Steve, one of the 5 things we talked about yesterday that I just want to 6 highlight that we're very proud of is the fact that we 7 do have cross-gender supervision, and we encourage 8 cross-gender supervision. 9 I know Della had her thoughts that she shared 10 with you, but one of the things that we find is that, 11 you know, for instance, as a male walking into the 12 female unit, if I'm charged to supervise that unit, 13 I've got -- I've got a great opportunity as a male to 14 model appropriate behavior, that -- that somebody 15 doesn't have -- a resident, female resident, doesn't 16 have to feel -- not feel compelled to approach me in a 17 sexualized manner to ask for a roll of toilet paper, so 18 to speak. It doesn't have to be sexualized. The 19 interaction doesn't have to be sexualized. It doesn't 20 have to be charged that way. 21 Same thing with our female staff; doing a 22 fantastic job of supervising those male units. And we 23 also hold our residents accountable. You know, if a 24 resident is to walk out of their room wearing a towel 209 1 only or be in his room disclosed -- undressed to the 2 point of when our staff take a peek in the room, they 3 should not be exposed, and they too are accountable to 4 their own behaviors. And it's an educational 5 opportunity. 6 We view this as educational opportunities. And 7 since -- since we've targeted our trainings and been 8 aggressive with our trainings, we also -- one of the 9 measures that I look for is our staff, are they 10 comfortable addressing those issues that make us 11 uncomfortable? Are they comfortable walking into a 12 female unit? Do I have a male staff submitting an 13 informational report indicating that I walked into 14 so-and-so down the hall and so-and-so was 15 inappropriately dressed, or as the female staff? 16 And we're starting to see -- we have been 17 seeing over the last couple years more reports, 18 informational reports. Again, you know, lifting the 19 blinds, opening the windows, and let's talk about the 20 issues. Let's talk about what's uncomfortable. And 21 I'm just so proud of the staff, especially in this case 22 relative to this issue, our uniformed staff just do a 23 phenomenal job in that regard. 24 MR. MCFARLAND: What are the cogender programs 210 1 that you have available? 2 MR. KELLEHER: As was mentioned earlier, we 3 have some of our Phase I classes are cogender. 4 MR. MCFARLAND: Like which? 5 MR. KELLEHER: Phase I classes, one of -- one 6 of which you saw yesterday, you witnessed yesterday in 7 Hobart Hall. 8 MR. MCFARLAND: Can you name some of them for 9 the record. 10 MR. KELLEHER: We have -- that class was 11 relapse prevention. We have our weekly, what we call 12 resident meeting. The clap-out sessions are cogender. 13 Our orientation groups are cogender. Again, you asked 14 earlier about the responsibility of the staff, each 15 facilitator is responsible, and Della will hold us to 16 task, responsible for watching the interaction, 17 monitoring the interaction, and ensuring that the women 18 get back into their area and the men get into their 19 area and that they're not left alone walking the 20 hallways. 21 MR. MCFARLAND: And gender-specific therapy or 22 treatment, do you have some programming that is just 23 for women residents or just for males? 24 MR. KELLEHER: Actually, most of our 211 1 programming is for women -- women with women both with 2 our advocates that come in from the community as well 3 as other volunteers and our staff. Again, most of our 4 program is gender specific, so women with women and men 5 with men, but not all. 6 MR. MCFARLAND: What are some of the unique 7 issues surrounding women residents that you want them 8 to know about and your staff to know about with respect 9 to sexual assault? 10 MR. KELLEHER: Well, that's -- that's one of 11 the primary concerns but also around kind of 12 empowerment issues, relational issues. One of the 13 examples, for instance, is our victim impact classes. 14 And, Carroll, we were speaking of that yesterday. When 15 we first rolled out victim impact classes, for 16 instance, to the panels, we rolled it out to the men 17 for over a year or so, and there was a thought that, 18 geez, you know, how can we bring victim impact panels 19 to the women who are viewed as victims themselves and 20 have experienced such trauma in their lives. 21 Well, our staff just did a wonderful job of 22 tailoring the curriculum to meet the needs of the women 23 in that case whereby it's -- it can be, as you know, a 24 bit hard-hitting. It's demanding that the residents 212 1 are accountable to their behavior, accountable to the 2 impact of their behavior while not retraumatizing or -- 3 so you're, as the sheriff will call it, revisiting the 4 scene of the crime, so to speak, but doing it in a way 5 that's respectful but growth-producing. 6 MS. ELLIS: And as you say, holding 7 participants accountable to their actions and behaviors 8 which resulted in their being placed in that 9 environment as opposed to whatever they may have been. 10 MR. KELLEHER: As well and related -- 11 MS. ELLIS: It's a fine line. 12 MR. KELLEHER: And the staff do a nice job of 13 really saying, you know what, you know, I know you were 14 with this guy and he was the one that got me into this 15 issue. Well, let's talk about the choices that you 16 make. It's all about the choices. And I can tell you 17 that it doesn't just start at Howard Street. It starts 18 at the previous institution, and we've had great 19 success with, you know, all the five counties that we 20 deal with, main institutions. You know, there are 21 several that come -- you know, you can tell, when the 22 residents arrive at our doorstep, who is primed for 23 treatment, who has received treatment, and who hasn't. 24 And for those that haven't, it's an uphill 213 1 battle, but I can tell you that it's a continuation of 2 continuity of services that make us as successful as we 3 can be because of everything that comes before us, and 4 it's us passing the baton to aftercare services and 5 whatnot. It's a full -- full spectrum. 6 MS. ELLIS: Those impact classes are powerful, 7 particularly when you bring victims in who relate their 8 experiences and people can then identify. 9 MR. KELLEHER: Oh, yeah. 10 SHERIFF ASHE: Steve, I know you mentioned, for 11 example, sexual assault but certainly we know the 12 trauma many of these inmates obviously have, going 13 back. And I'm just using an example like the battered 14 child syndrome and so on. And then seeing, too, is the 15 violence in their lives and as -- and we know, for 16 example, we always ask the question: How can one, as 17 you know, repeat what's happened in their own lives? 18 But we know that pattern is so deep and that's what, in 19 fact, happens, you know, and unless there's strong 20 intervention to breaking that cycle. 21 And we notice -- and I think what I see is that 22 it's unfortunate we're getting them so late in life, 23 you know, at that 17, 18, 19, 20 years old, but I think 24 it's trying to build up that trust and so on. And 214 1 that's where the reentry -- you know, you and I know, 2 as we talk about 30 to 40 percent of our inmates go 3 into homeless shelters, okay. And so if we can build 4 some aftercare components here, okay, so there's 5 more -- you know, again, it's the Janet Reno asking the 6 question, you know, when she was the attorney general: 7 What's happening to all these inmates, if you will, who 8 are returning from these correctional facilities, and 9 the answer was, geez, we don't know. 10 So it's been based on that that's been driving. 11 So reentry today is a key keyword in terms of public 12 safety, but the point being about the trust and being 13 able to knock on the door. We have an aftercare office 14 now. We're seeing 25 to 30 inmates a week are knocking 15 on the door coming back for services and so on and -- 16 and I don't want to take too far afield but, you know, 17 it's that -- in addition to the county jails and 18 prisons, you know, it's governor -- I always thought 19 that commissioner in the state of Ohio, Wilkinson, you 20 know, talk about the other asylum, you know, in the 21 psychiatric aspect to our work, and I know, for 22 example, in -- you know, we all have a way of 23 controlling our population and, of course, that's 24 segregation, okay. 215 1 And the staff has done a tremendous amount of 2 work this past year, we're no different; in other 3 words, we don't walk on water. We ourselves, we're 4 seeing that there was, quote, a dumping phenomenon that 5 was occurring, and I'm just pleased the whole staff 6 addressed these issues. And so -- because these are 7 the, if you will, I really feel, traumatized groups in 8 terms of like we're talking about who have been 9 sexually assaulted, been victims, physically abused, 10 and etc., emotionally. And Jimmy and the whole staff 11 addressed for a whole year on coming up with, if you 12 will, new strategies on dealing with this group. 13 So I'm very proud of their work. I just 14 mention this. Yeah. 15 MS. ELLIS: Well, my reaction to that is I feel 16 as though I'm in an environment, I'm in a room full of 17 victim advocates, and that is a very high compliment. 18 MR. MCFARLAND: I just want to talk very 19 briefly about your aftercare program. We had the 20 pleasure of talking a little bit with Mr. Scibelli. 21 And is this green trifold document that's entitled the 22 "WMCAC Aftercare Program, a Program for Your Future: 23 As One Door Closes, Another Door Opens," is that an 24 accurate description of your aftercare program? 216 1 SHERIFF ASHE: Yes. 2 MR. KELLEHER: Yes, it is. 3 MR. MCFARLAND: Everybody is nodding. 4 SHERIFF ASHE: He's been here waiting to nod 5 for -- 6 MS. ELLIS: This is your moment. 7 MR. MCFARLAND: It came and went there. 8 SHERIFF ASHE: Anthony is that dedicated. 9 MR. MCFARLAND: Now, as I understand it, it's 10 not compulsory, the aftercare is not compulsory, or is 11 it? 12 MR. KELLEHER: Correct. 13 MR. MCFARLAND: Yes, it is? 14 SHERIFF ASHE: Yeah. The aftercare is -- we 15 call it day reporting. It's aftercare is -- it's a 16 word. It's a building. It's got staff there. And 17 once they're have -- in some cases, they're on parole 18 or probation. There is a responsibility/accountability 19 that they -- following through. But it depends on the 20 conditions of their being discharged. 21 MR. KELLEHER: But if I could, one of the 22 things, one of the new initiatives that the sheriff 23 created and permitted the staff to implement is a 24 stand-alone reentry site in Springfield which is 217 1 located about a mile from our facility, but it's a 2 noncorrectional site, so to speak, with partners from 3 the community have offices there, and it's just one 4 attempt, a strong attempt, to get residents and to 5 encourage them, when they have the need for employment, 6 no matter how long it is -- has been since they've been 7 with us, to go to this site for job search support, for 8 forensic services -- 9 SHERIFF ASHE: Counseling. 10 MR. KELLEHER: -- what have you. Again, you 11 don't have to get arrested to get these services. You 12 can come back. If you relapse, you can go back to that 13 site. And the sheriff referenced the numbers earlier. 14 But it's a more neutral site than any of our 15 correctional centers. You know, we have people coming 16 back to our building all the time, calling our staff: 17 I need help; I'm relapsing; my mother is this; my 18 family member needs assistance, what have you. 19 But we, too, are a correctional setting. This 20 is an independent site, and we're so grateful for that 21 site. And the response from the get-go, as the sheriff 22 mentioned the numbers earlier, is phenomenal. 23 MR. MCFARLAND: And who pays for that? 24 SHERIFF ASHE: The sheriff's department has 218 1 staff that we pay for, but in addition, Mr. Chairman, 2 we talk about maximizing community resources, we have 3 268 partners that work with us. 4 MR. MCFARLAND: You mean escorts or volunteers? 5 SHERIFF ASHE: Certainly AA and NA is part of 6 that but, you know, in terms of the 200, but all the 7 different -- in other words, again, that fortress in 8 the woods, you're not part of the community, but if 9 you're part of the community, you have -- you're 10 maximizing all the resources in the community. 11 So we have -- so our staff, aftercare, has gone 12 around and met with all these different agencies and 13 we've partnered up with them. And so I'm paying for, 14 as sheriff, and the state is paying for approximately 15 ten staff that are part of that. But in addition, the 16 nonprofits are also making a commitment on behalf of 17 public safety, on behalf of public safety to step up. 18 So this building that we have, we allow them to 19 come in, and we -- they -- it's like the one-stop 20 shopping, okay, is that they come in and, you know, 21 let's say, like, 20 percent or 25 percent of our male 22 population have psychiatric issues, we have Valley 23 Psychiatric right there. Sixty percent of the women 24 have serious psychiatric issues. So here, again, these 219 1 kind of services are provided. So it's a partnership 2 in that way. 3 And in answer to your -- I just wanted to -- 4 the other stepdown where I feel has been a great 5 breakthrough in corrections is the day reporting 6 aspect, the electronic bracelet. And, again, see, we 7 keep talking about that continuum in terms of back into 8 the community, starting with the main institution, 9 placed into minimum. Then from minimum, obviously, 10 they've all been earning their way into these various 11 levels of security, but day reporting has been a 12 tremendous breakthrough from a public safety, humane, 13 skill development. 14 MR. MCFARLAND: Cost savings, I would imagine? 15 SHERIFF ASHE: Yeah. But also a powerful piece 16 in terms of -- on the continuum of fostering 17 empowerment, you know, and from a job standpoint. And 18 that's been very, very -- we've had thousands of 19 inmates, Mr. Chairman, go through this and it's been a 20 handful of issues that we've had in terms of that 21 aspect. 22 MR. MCFARLAND: But is this state money? Is 23 this federal formula and block grant money? 24 SHERIFF ASHE: No. It's state money but -- 220 1 MR. MCFARLAND: For the aftercare. 2 SHERIFF ASHE: For the aftercare, yes. It's 3 aftercare. 4 MR. MCFARLAND: And that pays for ten staff in 5 a separate location? 6 SHERIFF ASHE: That's right. Yeah. 7 MR. MCFARLAND: Now, do any of the other 8 counties have aftercare, one stop -- 9 SHERIFF ASHE: Yeah, they do, but my sense is 10 not to this degree, you know, not to this degree. And 11 I've been -- so yeah. 12 MR. MCFARLAND: You get the faith community 13 involved -- 14 SHERIFF ASHE: Yes. 15 MR. MCFARLAND: -- in aftercare? 16 SHERIFF ASHE: We have faith-based initiative, 17 certainly. I know Carroll mentioned, for an example, 18 the -- 19 MR. MCFARLAND: The escorts? 20 SHERIFF ASHE: We have over 150 people on a 21 weekly basis come into our facility from our 22 faith-based community. 23 MR. MCFARLAND: But, I mean, is the faith 24 community involved in drumming up jobs and finding -- 221 1 SHERIFF ASHE: Yes. Mentorship. Mentorship, 2 being mentors, 150. 3 MR. MCFARLAND: But also job placement? 4 SHERIFF ASHE: Yeah. They play a part of that, 5 absolutely. 6 MS. ELLIS: And for your victim service person 7 on staff, there is a victim service component to the 8 reentry program -- 9 SHERIFF ASHE: Yeah. 10 MS. ELLIS: -- of victim's rights in context 11 with the reentry? 12 SHERIFF ASHE: Working in neighborhoods. 13 MS. ELLIS: So I imagine that she's on top of 14 that as well. 15 MR. KELLEHER: One of the things, Carroll, that 16 we bring back from any victim training we have is that, 17 you know, we work with the offender and how can we be 18 victim sensitive and work with offenders at the same 19 time. And what we've adopted is the initiative which 20 is, you know, for every offender that catches the wave 21 of change, there's less victims out there, and that's 22 how we, in this correctional business, can justify and 23 rationalize our process with offenders that everything 24 but the kitchen sink. And when the sheriff talks about 222 1 the people that are currently today in the segregation 2 unit at the main institution, it's not the hole, you 3 know, it's -- and they're not forgotten. There's 4 programs. There's hope. There's reentry efforts out 5 of there. 6 So, again, it starts -- it's a whole continuum 7 of programs and we're so blessed. 8 MS. ELLIS: And Mr. Connor, I believe he's 9 left, talked -- mentioned victimology over and over 10 again and that is, in effect, the relationship between 11 the offender and the victim, the diet itself, that 12 relationship that you can't have one without the other. 13 MR. KELLEHER: Yeah. Today's offender is 14 tomorrow's victim. 15 MS. ELLIS: You can't treat one without 16 treating the other. 17 SHERIFF ASHE: I just -- two things I just -- 18 because of Anthony's work, we annually celebrate an 19 annual retreat at Camp Atwater, which is run by the 20 Urban League, sort of an exchange program, and it's 21 very, very exciting, you know, and it keeps building on 22 an annual basis with this whole aftercare. And then 23 the -- and then the other thing, tomorrow night, for 24 example, we do this annually for the women, are all 223 1 coming back and we celebrate their recovery. And one 2 would say, I think we started six or seven years ago, 3 we had 20 women that would return. Tomorrow there will 4 be about 300 women that will come back to this facility 5 and will celebrate, you know, with their families, and 6 so on, their recovery. 7 So it is, again, all part of the healing and 8 the empowerment, you know, and so on. 9 MS. CHUNN: I've got one parting -- and this is 10 to my close-out -- parting question, and it's -- I 11 guess it's really a statement, but I'd like for you 12 both to briefly answer it, and that is, what would you 13 say to any other jurisdiction about how to prevent and 14 reduce rape and sexual victimization in a correctional 15 setting such as your own? See, because a lot of people 16 think it's magic that, you know, Sheriff Ashe is the 17 ultimate magician. And he's shaking his head no. 18 SHERIFF ASHE: No. 19 MR. MCFARLAND: But take your time on this 20 because this is real important. 21 SHERIFF ASHE: Well, you know, and I'm sure, 22 you know, that's obviously a very tall order, Gwen, but 23 it starts, in my opinion, with a correctional 24 philosophy. I've already shared with you in terms of 224 1 what I consider the foundation to that, which I've 2 listed off in terms of -- and I've submitted my paper. 3 And then -- and then constantly, you know, behind all 4 that is hiring great people, you know, and holding 5 people accountable. You know, I mean, I think that's a 6 key aspect. That's so important. 7 And again, we know, for example, whether it's 8 the correctional officer at the station in the pod or 9 whether it's the captain or whether it's the counselor, 10 you know, somebody whispers something in his ear, what 11 does he do with that. You know, does he -- how does he 12 treat that, you know. And if you, obviously, have 13 respect for people and take your job seriously and 14 professional, you know, you're going to see that as an 15 opportunity to follow things up. 16 And I like to feel that we're taking our work 17 very serious, and we're professional, and we feel, you 18 know, it starts with us, and holding ourselves 19 accountable, you know. And if we hold ourselves 20 accountable, then ultimately we hold the programmatical 21 aspects accountable, and that goes right down to the 22 inmates. And I think the inmates see, because that 23 whole idea about being firm but fair and challenging 24 them, because you and I know in government programs, 225 1 you know, it's -- they say one thing but do something 2 else. 3 And I like to feel that we've been no nonsense 4 and take ourselves very serious from the standpoint 5 that we understand that -- what mediocrity is, and I 6 think we're all striving towards excellence as best we 7 can. You know, we're not perfect but certainly 8 striving for that. 9 So in answer to that, I know I've gone by way 10 of Chicago to do it, but I think -- I think, too, the 11 research component. You know, we've added -- you know, 12 a lot of times people walk around, that's a liberal 13 sheriff, you know, he's got an MSW or he's a social 14 worker by background. You know, we've added -- we've 15 added a research component, you know, to our work. 16 You know, when you look at county jails and 17 prisons, you ask them, you know, anger level or indexes 18 of change, and they can't tell you, and yet we spend 19 billions of dollars on corrections. And so we partner 20 up with AIC and now have a researcher who's been aboard 21 for some time. But these -- so all of these kind of 22 things. So in answer to you, I think that we're a 23 professionalization, you know, of -- particularly -- 24 and I think that's what's happened in the last 20 or 25 226 1 years, that we're striving towards that. 2 It used to be the ACA, NIC, all of these things 3 have made great breakthroughs. We know, for example, 4 you know, on the whole aspect of rape, these -- in 5 federal court intervention, courts had to take over 6 these correctional facilities and prisons because there 7 was so much corruption and unprofessionalization. So I 8 think these are all great instruments, you know, and I 9 think that's why we go and look to have, you know, 10 outside agencies come in and look at us, and that's why 11 we appreciate you coming because it infuses that 12 outside view, you know, which is so important, those 13 eyes and ears that are needed inside these closed, 14 quote, closed facilities. 15 MR. MCFARLAND: Mr. Kelleher, do you have some 16 comments? 17 MR. KELLEHER: I guess my -- certainly, you 18 know, and I wish the sheriff weren't sitting next to me 19 right now, but it's about the character of the leader 20 and we are blessed with having a sheriff and executive 21 team who not only prides themselves on their own 22 character and how they -- their expectations, but they 23 translate that to the staff. And as the sheriff always 24 mentions to all of us, that his pride is in -- greatest 227 1 pride is in hiring the right people and/or promoting 2 the people to select positions. 3 And it's because of that, I think, that we're 4 able to carry out the mission that the sheriff has 5 established. And with that said, however, it's not all 6 cuddles and bubbles, you know. There's firmness that 7 needs to be applied. There's accountability that needs 8 to be applied. But we as the custodial agent can only 9 expect accountability from our population is whether -- 10 is if we have the accountability, and the sheriff holds 11 us to that. And I think that's one of the greatest 12 initiatives that -- that I would translate to any other 13 institution. 14 And also -- also, that we're not all that, and 15 we know, as the sheriff would mention, it's a marathon. 16 It's not a sprint. And we're always wanting to learn 17 more, wanting to improve. There's more energy right 18 now in our department than -- nobody's laying down and 19 nobody's -- nobody's got retirement on our plate. 20 We're always looking for change and improvement. 21 SHERIFF ASHE: Mr. Chairman, in a warehouse 22 when the inmate speaks, he doesn't have any 23 credibility. So that thought about, hey, geez, I've 24 been touched, I've been assaulted, you know, it's out 228 1 of sight, out of mind, but if it's truly a professional 2 correctional institution and you're trying to bring 3 about change and productivity, there's accountability. 4 And I think -- I would just say to you, to cut through 5 all the words, is that it takes courage on the part of 6 staff to stand up and say hey when that inmate speaks 7 or when another staff speaks regarding these kind of 8 issues, which are extremely huge, that people have the 9 courage to stand up, and that's what I feel, and then 10 we have the courage to follow it up and mean what we 11 say. 12 And I think that's -- so that's really -- it's 13 that integrity. Integrity is the key. So that's what 14 I would say. 15 MS. ELLIS: One last question, I hope it makes 16 sense, do you have a general order? Do you -- your 17 policies, are they -- are they termed because you are 18 corrections? Are they termed general order and you 19 raise your hand to swear to the general order? 20 SHERIFF ASHE: Well, we just do that in terms 21 of as correctional officers, you know, not to the 22 policies and protocols, to the mission, to the mission. 23 MS. ELLIS: That clears it up for me. Thank 24 you. 229 1 MR. MCFARLAND: Well, is there anything else 2 you want to recommend to any other jail in the country? 3 We're kind of a conduit for that communication so -- 4 SHERIFF ASHE: I would just say, Mr. Chairman, 5 we just appreciate you taking the time. You've seen 6 our best face, if you will, and you know it as well as 7 we do right now. I know you have -- well, you have a 8 sense of -- 9 MR. MCFARLAND: Well, let me, just speaking for 10 myself, mention six things that I think are concerns, 11 and because you're always open to improvement, for what 12 it's worth, after three and a half hours in your 13 facility. 14 I think it would be helpful, number one, for -- 15 to give more of a risk indicator information to more of 16 the relevant staff. You probably picked that up from 17 the questioning. Having it done at Ludlow and never 18 having it percolate to Beth or to the -- except audibly 19 by a whisper this time or through the nurse or I heard 20 something about a great e-mail system, but it's not 21 clear to me still what is or isn't put in that and -- 22 anyway, enough said on that. 23 Second, the personnel policy manual says 24 nothing particularly about -- it doesn't say enough, I 230 1 think, about this area and it might be worth a review. 2 And third, similarly, the residents manual, it 3 says nothing about staff-on-inmate misconduct, A29 4 procedures, just about inmate on inmate. And it says 5 nothing about how a prisoner can keep safe. So you're 6 great at addressing things, taking the bull by the 7 horns, but I think explicitly having a section in there 8 about that would be helpful, and not just in the 9 residents manual but in posters and in orientation, 10 video orientation that everybody sees and that's 11 accessible to them, you know, on a weekly basis via TV 12 or go to the day room or whatever would be helpful. 13 I think a hot line as a means of going around 14 correctional officer, if a correctional officer is a 15 problem, would be another idea you might want to 16 consider. A number of facilities have them go directly 17 to internal affairs or directly to the DA or go 18 directly to an investigator. But while I understand 19 the importance of having your COs try to resolve things 20 informally, I thought it was a great point about, well, 21 we want to know if there's an emergency going on here, 22 if they are the problem, having them be the only 23 gatekeeper is a problem. 24 Fourth, I think the fitness center is an 231 1 assault waiting to happen. There are a lot of weapons 2 down there, and you do have not just boy scouts in the 3 facility but you have people that, as long as they 4 weren't using a gun, you know, can be -- have an 5 assaultive background, as you well know. 6 Fifth, I think the contraband, it drives sexual 7 favors, and it's -- doesn't seem to me, even though 8 these folks are minimum risk, they are recovering 9 addicts and may find the temptation too great and 10 you're making it real easy for them to get contraband 11 in there. Say, well, it ain't broke, so don't fix it, 12 but we may not know what all is going on there. 13 And finally, six, I can't emphasize enough the 14 importance of having accurate and recent recidivism 15 figures because that drives all of your funding, all of 16 your credibility with your appropriators. So having -- 17 not having anything earlier than -- anything later than 18 1996 for your recidivism figures, I know you said 19 you're working on them and the sheriff just mentioned a 20 research component, but that is everything as far as at 21 least federal funding is concerned. And your model is 22 so good, it would be great if you got one of the local 23 universities here to -- you don't have to pay them a 24 million dollars. You know, they've got an MSW program, 232 1 perhaps have some of their Ph.D. candidates do some 2 recidivism studies. 3 MR. KELLEHER: If I could, we have -- 4 SHERIFF ASHE: We'll take the other ones but on 5 the research -- recidivism, you can't walk away from 6 that, okay, because that we're -- 7 MR. MCFARLAND: You can walk away from any of 8 these as far as I'm concerned. 9 SHERIFF ASHE: No. No. But that -- 10 MR. MCFARLAND: So you're working on that? 11 SHERIFF ASHE: No. No, not working on it. We 12 have it. 13 MR. MCFARLAND: You have more recent figures? 14 MR. SHERIFF: Yeah. 15 MR. KELLEHER: We can forward it. 16 MR. MCFARLAND: Will you send that to us and 17 would you send us the more -- would you send us the 18 more recent budget figures? It'd really be sweet to be 19 able to tell other administrators, do the numbers, $95 20 a bed per day versus how much do you pay in ad seg for 21 some of these folks. That'd be very helpful. 22 MR. KELLEHER: I'll send that to you. 23 MR. MCFARLAND: Thank you very much. Again, 24 thank you for your time yesterday and today for your 233 1 testimony and for your service to the public. 2 MS. ELLIS: Thank you very much. 3 MR. MCFARLAND: This hearing is adjourned. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24