HOUSE DOCKET, NO. 5016        FILED ON: 7/26/2018

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4829

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

An Act establishing a special commission on funding for the department of correction and each sheriff’s department.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish a certain special commission, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. There shall be a special commission governed by section 2A of chapter 4 of the General Laws to conduct a comprehensive study to evaluate and make recommendations regarding the appropriate level of funding for the department of correction and each sheriff’s department. The commission shall consist of: 2 persons to be appointed by the president of the senate, 1 of whom shall serve as co-chair of the commission; 2 persons to be appointed by the speaker of the house of representatives, 1 of whom shall serve as co-chair of the commission; 1 person to be appointed by the minority leader of the senate; 1 person to be appointed by the minority leader of the house of representatives; the secretary of public safety and security or a designee; the commissioner of correction or a designee; the secretary of administration and finance or a designee; 2 persons to be appointed by the Massachusetts Sheriffs’ Association; and 8 persons to be appointed by the governor, 1 of whom shall be nominated by the Massachusetts Institute for a New Commonwealth, Inc., 1 of whom shall be nominated by the Pioneer Institute, Inc., 1 of whom shall be nominated by Prisoners’ Legal Services, 1 of whom shall be nominated by the Massachusetts Bar Association, 1 of whom shall be nominated by the National Correctional Employees Union, Inc., 1 of whom shall be nominated by the Boston Bar Association, and 1 of whom shall be employed by a public or private institution of higher education with an expertise in criminology and criminal justice.

The study shall include, but not be limited to: (i) a review of staffing ratios and employee costs in each state prison and house of correction; (ii) an examination of potential ways to increase efficiencies and reduce fixed costs in state prisons and houses of correction; (iii) an analysis of the amount spent by the department of correction and each sheriff’s department on mental health and substance abuse services and the appropriate levels of funding necessary to meet the service needs of incarcerated people; (iv) a review of all discretionary programming offered in state prisons and houses of correction, including an analysis of geographical disparities in discretionary programming; (v) an analysis of chapter 69 of the acts of 2018, its impacts on state prisons and houses of correction and best practices to implement its requirements; (vi) a review of the physical assets, infrastructure, buildings and communications equipment owned by each sheriff’s department and state prison; and (vii) a review of the funding sources for the department of correction and each sheriff’s department, including appropriations from the commonwealth, commissary charges, prison industries, trust fund accounts, intermunicipal agreements, other inmate fees and expenses and other sources of revenue.

The study shall include data for each state prison and house of correction relative to inmate population, costs per inmate, as defined by the commission, health care expenses, payroll expenses, including payroll spending on care and custody personnel, and expenses on programming for recidivism reduction, including case management, reentry support, behavioral health counseling, education and vocational or workforce development programs. The report shall include data for the previous 5 fiscal years, the current fiscal year, and projected data for fiscal year 2020 and fiscal year 2021.

The commission shall compare existing funding levels and expenses at each state prison and house of correction and include a recommendation for an appropriate level or allocation of funding. The commission shall recommend targeted solutions for each state prison and house of correction to reduce spending if actual spending is above the recommended level. The commission may recommend bifurcating the funding line items for prison facilities to better identify the funding for: (i) fixed costs and payroll spending on care and custody personnel; and (ii) funding for programming on recidivism reduction.

The commission shall propose a funding formula for the department of correction and each sheriff’s department based, in part, on the number of people in their custody and control and the utilization of best practices in recidivism reduction to safely reduce the population of incarcerated people. The proposed funding formula shall, to the extent possible, increase the percentage of spending on evidence-based recidivism reduction programming and reduce or mitigate projected spending increases.

The commission shall have access to data, documents and information necessary for the performance of the commission’s duties under this section. The commission may request, and the department of correction and each sheriff’s department shall provide, any such data, documents or information; provided, however, that nonpublic information shall be provided in an aggregate and de-identified form; and provided further, that the commission, in collaboration with the department of correction and the sheriff departments, shall adopt policies and procedures to ensure the confidentiality of personal information.

The commission shall submit a written report of its findings, including legislative and budgetary recommendations, with the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on public safety and homeland security not later than September 1, 2019.

SECTION 2. This act shall take effect as of July 1, 2018.