Amendment #1081 to H4000

Independent Ombudsman’s Office

Ms. Sabadosa of Northampton moves to amend section 2 in line item 8900-0001 by adding the following: "provided further, that given the continued prevalence and threat of COVID-19 within department of correction facilities, the commissioner of correction shall release, transition to home confinement, or furlough individuals in the care and custody of the department who can be safely released, transitioned to home confinement or furloughed with prioritization given to populations most vulnerable to serious medical outcomes associated with COVID-19 according to the Centers for Disease Control and Prevention’s guidelines; provided further, that the department shall consider, but shall not be limited to considering: (1) the use of home confinement without regard to any exclusions in existing law; ; (2) the expedition of medical parole petition review by superintendents and the commissioner; (3) the use of furlough; (4) the maximization of good time by eliminating mandates for participation in programming for those close to their release dates; and (5) awarding credits to provide further remission from time of sentence for time served during periods of declared public health emergencies impacting the operation of prisons; provided further, that the department shall seek recommendations from public health experts to ensure that policies are appropriate in relation to the 2019 novel coronavirus; provided further that the commissioner of corrections shall within 30 days of the effective date of this law review all persons in department of correction custody to determine who can safely be released through each of the above-listed mechanisms, with subsequent reviews of all in custody to be conducted every three months; provided further that it shall be presumed that any person within 6 months of the end of their sentence or within 6 months of parole eligibility can safely be released unless contrary evidence is provided. 

provided further, that funds shall be made available from this item for the creation of an independent ombudsman’s office to oversee the Department’s response to COVID-19 and all conditions affecting the health of those in its custody ; provided further, that the attorney general, in consultation with the department of public health, shall appoint an ombudsman to act as director of the ombudsman’s office; and that the ombudsman shall assume office within 30 days of the effective date of this legislation.

provided further, that for the duration of the COVID-19 pandemic the office shall monitor compliance with the requirements of this item relative to the COVID-19 public health emergency, including, but not limited to, actions taken or not taken by the department to ensure the health and safety of individuals under the department’s purview including, but not limited to, employees and inmates, as well as the families of such individuals, and shall have access to information related to the department’s use of the mechanisms for release, home confinement or furlough stated in this item;

provided further, that the office shall establish public health standards, using recommended standards and guidance from public health experts, to evaluate the department’s compliance or noncompliance with best practices with regard to COVID-19; provided further, that for the duration of the COVID-19 pandemic, not less than biweekly, the office shall provide the joint committee on the judiciary and the joint committee on public health with a report on:

(A) the department’s efforts to mitigate the rate of infection in facilities under its purview;

(B) the department’s efforts taken relative to safe depopulation during the state of emergency relative to the COVID-19 declared by the governor on March 10, 2020;

(C) the department’s policies in development to further mitigate the rate of infection in correctional settings;

(D) the amount of population reduction achieved to-date by the use of the mechanisms for release, home confinement or furlough stated in this item; and

(E) the department’s compliance or non-compliance with the office’s established public health standards; and provided further, that, if the office determines that the department is not taking actions necessary to mitigate the rate of infection in facilities under its purview or is in noncompliance with its established public health standards, the office may recommend that the joint committee on the judiciary and the joint committee on public health require the commissioner to testify in a publicly available forum to discuss the department’s noncompliance and a remediation plan to meet the office’s public health standards

provided further, that during and after the COVID-19 public health emergency the office shall have oversight over all conditions and practices affecting the health and safety of those in department of correction custody, which may include but shall not limited to:

-Air and water quality, and other environmental conditions affecting public health;

-Infectious disease outbreaks;

-Medical and mental health care, including timeliness of care delivery and approval of outside services;

-Disability accommodations

-Implementation of medical parole

-Other conditions and practices affecting the health of those in the department’s custody

provided further, the office shall have access to all places, personnel, data and documents necessary to this oversight, and the department shall respond to request for documents within 10 days and shall provide such documents within 10 days or as agreed between the ombudsman’s office and the department; and the ombudsman’s office shall have the ability to visit DOC facilities unannounced, and shall have the unfettered ability to interview consenting persons in DOC custody,

provided further that the office shall have standing to initiate lawsuits on behalf of persons in the Department’s custody in the event that the Department fails to comply with the reviews and releases required by hereinabove or in the event that conditions or care in the Department violate the constitution or existing statutes or regulations, provided further that persons in the Department’s custody also, independently, shall retain standing to initiate lawsuits to enforce this provision." and by striking the figure "696,482,000", and inserting in place thereof the following figure:- "697,082,000."

Additional co-sponsor(s) added to Amendment #1081 to H4000

Independent Ombudsman’s Office