Department of Correction, lawmakers plan meeting on prison safety

By SAM DORAN

State House News Service

Published: 10-14-2024 5:02 PM

Lawmakers say they’ve got the Department of Correction’s ear after 66 representatives and senators wrote to Gov. Maura Healey this week asking for immediate action to improve prison safety in the wake of September’s attack at the Souza-Baranowski supermax facility.

The bipartisan and bicameral group of pols, led by Central Massachusetts legislators Rep. Jonathan Zlotnik (D-Gardner), Sen. Michael Moore (D-Millbury), and Rep. Kimberly Ferguson (R-Holden), called for a “commonsense approach” to tackle “recent upticks in violence, assaults, and illegal contraband” in correctional facilities.

“It has come to our attention that routine use of DOC Tactical Response Units to execute comprehensive searches has become exceedingly rare in recent years,” wrote the 66 officials, including Senate Majority Whip Michael Rush (D-Boston) and House Minority Leader Bradley Jones Jr. (R-North Reading).

Five correction officers at the Souza-Baranowski Correctional Center in Shirley were injured and taken to hospitals after three inmates allegedly stabbed two COs, then attacked three others as a brawl continued on Sept. 18, captured on security footage.

The first of three alleged assailants, Heriberto Rivera-Negron, was set to be arraigned Thursday on charges of mayhem, armed assault to murder and assault to murder, according to the Department of Correction. Two other inmates – Jose Crespo and Jeffrey Tapia – are scheduled for arraignment on the same charges on Friday and Tuesday, respectively.

“In my opinion, and hopefully the opinion of everyone else who signed onto the letter, this is a comprehensive look at safety for everyone in there,” Moore told the News Service on Thursday. “Not just for COs, not just the administrative staff. It’s to protect the inmates, also. There have been some serious injuries that have resulted recently that we haven’t seen publicized, and I think people don’t know are happening.”

Meantime, a group of inmates is pushing for changes of their own.

U.S. District Court Judge Margaret Guzman certified a class action lawsuit in September, the Boston Globe reported this week, which was brought on behalf of 150 Souza-Baranowski inmates alleging mistreatment by guards in response to an inmate attack in 2020. The Globe reported that the lawsuit could provide an opening for Prisoners’ Legal Services to force changes to Department of Correction policies.

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In their letter, the legislators asked Healey to put four changes in place immediately: regular tactical searches at all DOC facilities, “especially at medium and maximum-security institutions that have experienced an uptick in violence, weapons or illegal drugs“; timely prosecution of inmates who assault COs, including prosecutions under the Bodily Fluids Act; creation of a task force by executive order that could make additional recommendations to the DOC; and the establishment of monthly meetings to “keep the lines of communication open” between Public Safety Secretary Terrence Reidy and the Massachusetts Correction Officers Federated Union.

As far as the Bodily Fluids Act, state law includes a specific section related to assaults by incarcerated people upon prison guards using a bodily substance including blood, saliva, mucous, semen, urine, or feces. The lawmakers wrote that “[p]rosecutions under this Act have not been pursued in a manner consistent enough to establish an effective deterrent.”

Department of Correction communications manager Scott Croteau told the News Service on Thursday afternoon that DOC was reviewing the letter, though Ferguson and Moore said they already received some outreach.

DOC invited lawmakers to a private informational meeting, slated for next week, the lawmakers said.

“It was in response to the letter, so we’re pleased about that – that they took it seriously and would like to chat with us. And we’ll go from there,” she said.

Moore said he hoped lawmakers would be able to ask questions at the meeting and better define the path forward.

In a statement, the correction officers’ union said they were pleased to get backup from a bipartisan group of electeds.

“They see, as we do, the urgent need to protect our officers and everyone in our prison system. As the legislators noted in their letter, we cannot wait any longer, the time to act is now,” a union spokesperson said Thursday.

Ferguson said she hears from constituents who work in the prisons, and their families, about concerns for their overall safety.

“I guess the message is, how much more has to happen? None of this should be happening. There shouldn’t be the extreme risk that they are taking,” the Holden Republican said.