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Main Page DOJ say WCSO violate rights at jail
(Click here to view the original thread on the MassCops Message Board)

Posted by: PBC FL Cop

Wednesday, May 14, 2008

Rights violated at jail, feds say

Facility called unsafe, unsanitary

By Lee Hammel TELEGRAM & GAZETTE STAFF
lhammel@telegram.com

External links: » U.S. Justice Department report

Conditions at the Worcester County Jail and House of Correction violate the constitutional rights of the inmates there, according to a U.S. Justice Department report released yesterday.

The Justice Department’s Civil Rights Division found that the jail fails to protect both pre-trial detainees and sentenced inmates from harm from each other and from exposure to unsanitary and unsafe environmental conditions. The jail also fails to provide inmates with adequate mental health care, according to the report to Gov. Deval L. Patrick.

The report, dated April 29, notes that some improvements have been made since the department made visits to the jail in February and May 2007, acting under the Civil Rights of Institutionalized Persons Act. But it points to a long list of what are termed violations of the constitution.

The greatest number of problems cited are under mental health policies and practices. But the report also singles out what it calls the jail’s inadequate classification system, which it blames for at least one inmate murder; use of restraints as punishment too often and for too long; inadequate reviews and investigations of incidents; and a poor inmate complaint procedure, among other things.

The Justice Department, which tied up Worcester State Hospital in federal court for years in the 1980s under a CRIPA suit, makes 44 recommendations for remedial action at the jail. “Assuming there is a spirit of cooperation from the commonwealth and the sheriff’s office, we are willing to send our consultants’ written evaluations — which are not public documents — under separate cover.”

It continues that “in the unexpected event that we are unable to reach a resolution regarding our concerns, the attorney general may initiate a lawsuit pursuant to CRIPA.”

In an initial response, Deputy Superintendent Jeffrey R. Turco disputed most of the findings.

He said that multimillion-dollar upgrades have been made to the jail since Guy W. Glodis became sheriff in January 2005 and it has been accredited by both the American Correctional Association and the National Commission on Correctional Health Care.

Noting that the courts have ruled that cases against jails should be decided on “constitutional minima” and not generally accepted professional standards, Deputy Turco wrote that “while the Worcester County Sheriff’s Office management is open to all suggestions to improve our operation, it would be most helpful for purposes of this inquiry if our future discussions could be limited to constitutional minima.”

The Justice Department said that in the April 2006 through March 2007 period that it studied, there were 155 cell extractions by the jail’s Special Operations Group and 161 uses of a restraint chair or restraint bed. It said restraints frequently were used after inmates became compliant or used for excessive periods of time and that inmates were not protected from harm.

But the Justice Department commended the sheriff for a letter he sent saying that the practice and policy has been changed and the use of restraint has decreased, and the department said it will assess the new practice.

It also commended the sheriff for halting the use of restraints in Maximum B and Maximum C buildings, where DOJ said the “dungeonlike” isolation cells were inappropriate for restraints.

Among the recommendations for change are ceasing use of four-, five- and six-point restraints on inmates for punishment, and to ensure the medical and mental health staff are involved in the decision to use restraints. Deputy Turco denied that restraints are used as punishment and he said both the medical and mental health directors of the jail confirm they are not used for mental health reasons.

The Justice Department said there is inadequate mental health staffing, including the 13 hours per week that a psychiatrist is available for the 21 percent of the inmate population who need mental health services. It also blames inadequate staffing for the fact that “inmates on suicide watch are allowed out of their cells just three times each week for the purpose of taking a shower, and receive no therapeutic treatment. For all practical purposes, suicidal inmates are treated as if they were high-security inmates, not inmates in need of mental health treatment.”

The Justice Department said 710 employees, 438 of whom have custody-related duties, is inadequate staffing for the jail, which had as many as 1,427 inmates during the study, in a jail designed for 800 people. It also pointed to problems with the aging physical plant and sanitation and hygiene that threaten the health of inmates and employees alike.

Health code violations include no soap or paper towels in the inmate bathrooms or the kitchen where inmates prepare food, the report said. While changes have already been made in the kitchen facilities, Deputy Turco said more changes will be made when state funding is received. He added that to his knowledge there has not been a food-borne illness at the jail in 30 years.

Deputy Turco said the jail’s classification system has been found to be “more than adequate” by the state Department of Corrections as well as accrediting agencies. The death of a pre-trial detainee, allegedly at the hands of a sentenced prisoner who was his roommate, was tragic but unforeseeable, he said.

Blaming the jail for that is “rhetoric” that would be expected from a plaintiff’s lawyer, not the Justice Department, Deputy Turco said.

He also said the Justice Department’s contention that some security posts in the jail are unmanned is false and based on a misreading of the daily roll call assignment roster.

Posted by: mpd61

Quote:

Originally Posted by PBC FL Cop

Wednesday, May 14, 2008

Rights violated at jail, feds say

Facility called unsafe, unsanitary

Blaming the jail for that is “rhetoric” that would be expected from a plaintiff’s lawyer, not the Justice Department, Deputy Turco said.

He also said the Justice Department’s contention that some security posts in the jail are unmanned is false and based on a misreading of the daily roll call assignment roster.

Turco is right...
WCSO standards far exceed those of Chinese Jails!

Posted by: SinePari

Haven't heard from Turco, I mean str8tshot52 in a long while. Must be gearing up for Glodis' run for a seat on Beacon Hill.

Posted by: PBC FL Cop

Worcester Magazine

Jailhouse blues

Written by Scott Zoback Thursday, 15 May 2008

The DOJ attacks civil rights concerns at the House of Corrections
By Scott Zoback

It's no news that the Worcester County House of Corrections is overcrowded and in need of some serious changes.

What is news is a recent report from the United States Department of Justice's Civil Rights Division, that lays out in glaring detail just how bad things are (or were, until recently) for inmates at the jail.

On April 29, the Division released its report to officials and Gov. Deval Patrick following a year-and-a-half investigation of the jail. That report was released to the public last Friday.

While repeatedly commending Sheriff Guy Glodis and his administration for their cooperation and addressing concerns raised by the DOJ, The 40-page document details a number of major problems, concluding that "certain conditions at the jail violate the constitutional rights" of inmates.

"The jail fails to: (1) protect ... [inmates] from harm; (2) protect inmates from exposure to unsanitary and unsafe environmental conditions; and (3) provide inmates with adequate mental health care to address their serious mental health needs."

The report details specific actions, policies and incidents.

Among the highlights:

The report details "excessive use of restraint," stating that "in a significant number of instances, jail staff inappropriately restrain inmates ...." Between April 2006 and March 2007, 155 cell extractions were performed; the restraint chair/bed was used 161 times. Additionally, "jail staff used restraints after the need for restraint had passed and/or used restraints for excessive periods of time."

The statement also discusses several specific videotaped incidents. In one taped cell extraction from Feb. 2, 2007 (the DOJ also praised the jail for videotaping incidents), the DOJ wrote that a prisoner had refused to move to a different cell but allowed himself to be handcuffed and leg-ironed, then refused to be strip-searched. After being moved to the restraint area, he agreed to be strip-searched, but, writes the DOJ, an officer responded that "It's too late now; you had an opportunity." The inmate was placed in six-point restraints, and his clothes cut off, leaving him in his boxer shorts in the winter.

Almost immediately, continues the account, the inmate began convulsing and complaining about a possible anxiety attack. On tape, a nurse agreed that he could be having one, but left without helping. There was no record available to investigators of how long the inmate was restrained.

The report criticizes the jail for using restraints as a punishment; in 12 cases involving restraints during April 2007, nine inmates were restrained for four or more hours, and one for 23 hours.

The report does note that in December 2007, the jail notified the DOJ that they had revised their policies, and self-audited the use of restraints.
"We commend [them] for promptly reviewing and changing its practices, policies, and procedures," reads the report.

The DOJ also found that the jail does not comply with "generally accepted professional standards or its own policy" in using chemical agents, including decontaminants sprayed on inmates.

Deputy Superintendent Jeff Turco says the administration "takes strong exception to many of the [DOJ's] findings."

On Wednesday, the administration released a public response to the DOJ, asking for several of the conclusions to be clarified to be in line with what Turco calls "factual and legal" errors.

"In essence, they've taken a snapshot of a couple days. They've come here and made snap judgments."

Other DOJ findings include:

• Inadequate incident reviews and investigations, including those of inmate complaints against officers: In one 2007 case, an inmate with two prosthetic legs complained about being bounced around in a non-wheelchair-accessible van for four hours during transport, leaving him "bruised and ill." Further, he wasn't allowed to use the bathroom. "The investigator who reviewed these allegations never interviewed the inmate or looked into whether any of the claims are true," reads the account. "Instead, he simply concluded that the allegations were unfounded."

Further, the DOJ questioned the jail's management hierarchy, which leaves the same deputy in charge of tactical operations also in charge of reviewing reports. "The very person who authorized the ... activity is charged with reviewing it for any impropriety."

Turco takes particular exception to those analyses. Despite criticizing the jail for not talking to every person involved in an incident, says Turco, the DOJ's investigative team neglected to talk to the officers involved in some of the restraint incidents the team was criticizing.

• Inadequate staffing and inmate supervision — While citing overcrowding issues that Worcester County Sheriff Guy Glodis has complained about for years, the report also notes that security posts in several areas are left unmanned, according to Roll Call documents.

• Inadequate grievance process — The DOJ details a cumbersome inmate grievance process, although noting some changes were made after an initial visit in February 2007. "The overall process is extremely prohibitive to inmates ...."

Turco says that the jail doesn't have to legally provide any process.

"There's nothing in the Constitution that says a jail can't have a cumbersome grievance process ... [or] any process," he says.

• Severe problems with the jail's physical plant, including showers covered in soap scum and mold and failure to provide clean clothing and linens during lockdowns.

• Risk of food-borne illness, and unsanitary kitchen conditions. "There has never been a food-borne illness," replies Turco.

• Failure to provide adequate mental health care.
Overall, Turco agrees that "if money were no object, we'd all probably agree with [their findings] philosophically."

Still, he says that the jail's recent national accreditation shows that they are meeting national standards, and that by neglecting to mention positive third-party reports, the DOJ painted a one-sided picture.

With the jail's response being released, Turco says he hopes the DOJ "corrects many of the factual and legal errors in the report." o

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