2022-03-21 00:00:00 - Joint Committee on Ways and Means

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ATTORNEY GENERAL HEALEY - Thank you so much. Mr chairman. And It was great to be great to be in 413. It's great to be out all over the state and uh thank you for for that day where we took in a lot um and uh and saw, you know, up close the people and the places, the entities we're all here to to try to serve in one way or another. I'm honored to be with you this morning. Um thank159 you Mr Chairman. Thank you Chairman Moore as well and members of the committee for for your time here today. I come before you Uh to testify of course on house to and our office's fiscal year 2023 budget request. I also realize that this is my last178 budget hearing as your attorney general and I just want to say that over the past183 seven years, I think that we've accomplished a great deal as colleagues and partners.

And I want to thank you from the bottom of my heart. Um I also want to thank your teams and the incredible staff in the legislature with whom our teams work formerly and formally across so many issues on so many fronts and on behalf of myself and my fantastic policy and government affairs chief Alicia Rebello-Pradas we want to say thank you to the members and to their teams for the collaboration and the work we've tried to do together over the years and that will continue strong through this year225 I know.

Um, I also acknowledge it's been somewhat unprecedented the times that we've been living through and the nature of the constituent issues we've had to confront and the work we've had to do. And it's been a privilege and an honor to try to solve some of these problems and work on things on behalf of residents around the commonwealth. Every year I come before you and um, in an effort to appeal for, for funding. I talked about how much of a revenue generator we are for the state and how we bring back millions to the general fund as a result of our enforcement work and our settlements. This remains true to date.

I'm proud that my office has recovered more than $332 million for the General Fund. Um, that's $332 million just for General Fund alone over the last seven years. What it doesn't include of course, is what we've recovered for individual consumers or284 workers or ratepayers and the like, which total hundreds and hundreds of millions of dollars More but I did want to say that we've been proud to be able to bring that money back to the General Fund.296 I also, I wanted to highlight some other things that we have accomplished because of as a direct result of the funding and support that we have received from the Legislature and for that we are grateful.

Because of your help we were able to create the first of its kind Community Engagement Division we're out bringing resources and trainings in multiple languages as well to communities across the state on topics325 affecting our residents every day, from lemon laws to the housing crisis, to the debt collection to how to protect yourself as a senior citizen from fraud and scams and the like. We formed the New England Fentanyl Strikeforce and increased our drug trafficking enforcement exponentially focusing on heroin and Fentanyl, a drug that, with your support we made expressly illegal here and we've worked to build critical partnerships with over 75 state local and federal law enforcement partners.

I know there are law enforcement partners on this hearing this morning testifying.362 I just want to thank them for their continued work out their and their continued partnership with our office, particularly on that front. We expanded our human trafficking efforts, increasing enforcement of sex trafficking with a focus on reducing demand and also expanding to develop new efforts to combat labor trafficking, particularly the victimization and exploitation of of those particularly susceptible to390 labor. Because of your392 help we created a Consumer Advocacy and Response Division, which aids constituents with the goal of resolving their disputes with businesses in a manner that is fair for all parties involved.

This is likely card the most used resource by you and your teams in terms of accessing our office. We prioritize the student debt crisis, creating a first of its kind in the country. Student Loan Assistance unit that's now helped thousands of borrowers navigate the complex student loan system. We shut down predatory for profit schools took on student loan servicers. Servicers. It bought back millions of dollars in relief for student borrowers. And with your assistance. Last year, we appointed our first student loan ombudsperson to help this effort. Our Fair440 Labor Division is out there protecting vulnerable workers.

Its taken on the task of enforcing new laws like earned sick time, the Domestic Workers Bill of Rights, Domestic Violence Leave Act. Thank you for continuing to fund our Fair Labor Division. Our Victim Compensation Program. Very important. I know particularly to certain folks who are with us today because through your funding. We've been able to expand assistance to victims of violent crime. We now are paying funeral and burial expenses for all victims of homicide. We took on the direct billing of all forensic sexual assault kits so that survivors never ever see a bill that was really important to me. And we found new ways to create uh, More resources in our office to help constituents.

We went out and established wage theft clinics, working with legal aid attorneys and private attorneys to help train people up so that workers are able to go out and get the wages that were stolen from them. We've done the same thing and creating a debt collection clinic to fight unlawful debt collection out there. These are just some of the examples that510 don't always make the headlines in the news, but they do make an incredible difference in people's lives. And so I just want to thank you for the support and what we have enabled through funding our office Now bringing back money remains the top priority for my office.

In 2021 we brought back just over 42 million for the General Fund our Medicaid fraud team went out and recovered 55 million for MassHealth including the largest national settlement of its kind.539 This was 25 million that we542 got from a private equity firm and healthcare executives who said they were providing mental health services, but were providing those mental health services by unlicensed, unqualified and improperly supervised staff. Just an example of what our Medicaid fraud team is out there doing. And with your help, we created that opioid remediation and recovery fund. I know it's something we're all committed to.

We've already brought back tens of millions to that with a lot more coming shortly. That money because of your efforts is going to be used exclusively for treatment and recovery and prevention, something I know we are all committed to. And so I want to thank you for all of that. I think we've made a lot of progress, but the demands on all of us and certainly my office continue to grow. Earlier this month. We put out a report that highlighted some of the consumer trends. We received more consumer complaints last year than the year before. 24,000 consumer complaints that's well well above pre pandemic levels.

We work to try to mediate a lot of those complaints, for example, on canceled travel auto issues remain a top issue. Um, used car sales, auto repairs, auto financing. So we're trying to go after entities that are cheating. People are engaged in deceptive actions but also trying to educate our drivers and dealerships about about their rights and obligations. Fair Labor Division, which this committee has increasingly supported year after year, continues to see misclassification of workers and wage theft and that will remain a top priority in my office. We assisted last year alone, nearly 15,000 workers recover $5 million in restitution to them alone.

Division of Open Government continues to provide guidance to our cities and towns on holding remote meetings in compliance with the Open Meeting Law. Our Neighborhood Renewal Division, which you know, something I've675 been really proud to expand with your help. We are now partnering with over 150 municipalities around the state going into communities getting blighted dilapidated abandoned properties into receivership, forcing the banks and others to clean them up so that those uh those properties are then back on the market, great for the tax rolls. And often a place where first time home buyers are actually able to to go and purchase purchase a home.

Just 25 abandoned homes were rehabilitated and sold to new buyers alone in 2021 through this program. Victim Comp has seen applications grow. Um, the number jumped to over718 1500 applications in this past year alone. I mentioned the forensic sexual assault exam kits.723 We've now done direct billing for over 700 of those and thank you for the additional funding for victims in fiscal year 22. Um this has been especially critical because the federal level there was736 a gap until the VOCA fix uh fully kicks in which won't be for another three years because and it's important. I know there are a lot of our public safety focus on.

I wanted to just say when it comes to our drug enforcement work, the drug seizures out of our Criminal Bureau remain high. Um, that means we more than doubled our heroine and fentanyl762 seizures, fentanyl pills, opioids, um, also seizing of course cocaine and crack cocaine. This work is really important as we look to go after those who are trafficking in high amounts, these dangerous, dangerous drugs in our communities. And finally, the work of our government bureau representing the state the agencies continues. Um, and we've had significant significant victories there. Proud of the team in the, in the Government Bureau. 1400 active litigation matters last year in the Government Bureau alone.

A lot generated through various challenges brought to executive orders and the like with Covid. So we're not slowing down. We're not slowing down in the slightest. The team's active with investigations with cases with being out there trying to serve constituents and the public. Our request for fiscal year 2023 matches our projected, projected demands In House 2 the governor met our request to fund our office at just over $63 million. I'm here today to respectfully ask that the Legislature fund us at the same amount so that we829 can continue to maintain our critical services to the state and to our people.

Um I won't go into specifics here. We have wonderful teams and staff who have had the information and I know that my team is happy to and I'm happy to answer any questions that you have. Um but again, I just want to say thank you for the work and the collaboration over the years teams um in the Legislature. And um I want to thank the people in the attorney general's office because they are really the ones who have made things go. So, um I can't thank them enough for for all the work. And I know that whileI may be not be the attorney general testifying before you next year. I know that the outstanding work of that office will continue on behalf of the state. So thank you so much for your time and again. I'm happy to take any questions.

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REP TYLER - Good morning everyone, thank you so much. Mr Chairman for recognizing me. Um, I just wanted to thank AG for her. Um, you know, steadfast support for victims of violent crimes, um, here in major cities like Boston, we have a lot of issues with gun violence and a1066 lot of the family's experience a lot of grief and you've been very helpful in those situations and we and your office has been very supportive to our offices and getting through those situations and helping you know, make sure that they die, die, die down. Um, so I just want to say thank you for that. Um, and we appreciate it. And look forward to your continued support there thank you.

REP WILLIAMS - Thank you. Thank you, rep Tyler appreciate it. Just and the Attorney General, we've had many conversations about gun violence and we've had publicly and1107 privately, and as we saw on over the weekend throughout America, there's this rash of violence that really just mind1114 boggling and it really is. Um, as we head towards the summer months, we know what tends to happen any particular new programs in terms of there are way too many guns on the streets and I'm not talking about the assault rifles, I'm not talking about all of that, that we know we go after the AK1135 but I'm talking about the handguns that make their way1138 into the hands of individuals. And in some cases they're better armed than our law enforcement people. Uh, any thoughts on that or?

HEALEY - Well, thank you Mr Chairman. And you know, I think I've said for a long time that it really does take a1156 multifaceted approach to this. Um, certainly we've got to do everything we can in law enforcement to get illegal guns off the streets out of communities. Um,1166 it's particularly concerning to1167 me and others to see kids and I mean kids 12, 13, 14, 15 years old with guns, you know, showing up on playgrounds, showing up at school. Um, the shootings, it's really, really troubling and, and we have got to work to get those guns off the street. Of course, it's, it's not easy here in Massachusetts where1184 we've got this pipeline of guns coming into our state because they're so much easier to come by in other states. But I know that as a matter of law enforcement, we're going to continue to work on that.

I do think it's very important that we fund1203 and my office tries to, through grant funding programs, healthy summer youth youth jobs, opportunities for, for the ability to, to engage1212 in all sorts of programming and activities, things that are healthy. Um, support for trauma informed services, mental health services and the like. How many1220 times do we see the replication of trauma through generations, even play out, you know, in neighborhoods and in communities. So I'm a big believer in bringing the support, especially for our young people while we also work collaboratively to do the1235 enforcement work to get to get those guns off the streets.

Um, it is not easy. It is not easy. But you know, as Representative Tyler alluded to there are too many places right now in our, in our, in our state where too many families, you know, just have to worry about things that no parent should have to worry about. You know, setting their kids1252 out to school or down the street to the store to the playground, if there's a playground, even safe to play in, that's not tolerable, you know, in our state. So we've got to work on, on building the whole health of our communities. And I look forward to to ideas. I think people know me to be pretty innovative and outside of the box. I am1279 willing to engage with anyone on, on ways to better get after this.

WILLIAMS - I just have um, your human trafficking prevention and maybe you haven't seen Office of Public Safety, what their program looks like. Can you tell me the difference between what you're going to do and what they're going to do.

HEALEY - Yeah, well I can tell you what we do when I started this. AG, I saw human trafficking as something that deserved its own division. So I moved it from being just a unit to an actual full division and we've had investigators and prosecutors and victim witness advocates. We are working these cases hard as folks probably know.1321 Um it's not just young girls or young women though they tend to be the majority of victims brought into the life as young as 13, 14, 15 years old. Um yes, some may come from other states, some may come from overseas and have been exploited through a pipeline that runs, for example through Flushing Meadows New York.

But the majority of our human trafficking victims are homegrown in communities across the state regardless of socioeconomic level. So I think our team has been effective and will continue to be, is sure to go after and build those cases and take down human traffickers. While, always, while always providing support and services to victims and survivors. We fought hard to1372 um to raise awareness,1373 done a lot of trainings for not just members of law enforcement, but uh different folks who might intersect with people, whether it's educators, social service providers, healthcare providers so that they can recognize the hotels so1387 that they can recognize the signs of human trafficking, report it to our office.

So it's very victim centred um and it's about raising awareness and education um and I'm proud, I'm really proud of the work of my, my HT team um. And sadly, you know, we need to continue to do that work because because we do see it out there particularly with the use of the internet of course, this enables um a lot more and you know, every1410 time I get an alert for a and I do many of us who are testifying today1415 get these alerts For 13 year old, a 14 year old gone missing. That's the thing that comes to my mind. Who did they connect with on the internet? How are1426 how are they being exploited? What's happened here? So we've got to continue to do this work.

WILLIAMS - I want to thank you for your work because what really, kinda shocked me over the weekend. I went to my printer on Friday just to get some and I looked on the wall and they have all these missing young people, a wall of missing young people that's all over the commonwealth. It's really a big problem and I think you tied a missing to the human trafficking. It's a problem. And I think we just have to a little more attention. It's a serious, serious problem.

HEALEY - Yeah, yeah. And there could be different. We have runaways that it's not all human trafficking, but my point is there are vulnerable young people among us and all of us have got to work to figure out what we need to shore up to to prevent that and better take care of them.

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REP MALIA - I just wanted to say, I just wanted to say thank you to the attorney general for the incredible amount of work she's done in so many areas, but particularly things that strike me right this morning thinking about the work that we've all done in the past few years, the pandemic has really made it harder to connect and stay connected to communities in in my district um for sure. Um and one of the, one of the efforts that my office has been able to be somewhat successful with is building ongoing relationships with the young people in my Public Housing Development.

And unfortunately with the pandemic times coming that have been with us for the past couple of years, a lot of those connections are1539 grave. And I just want to say um I'm1542 committing in terms of my office for this year to get back out and build those connections and connect and stay connected with the community police um teams in Boston, the Boston Police Department that I work with um but also the management and the residents um and to be there once a week. Um we've done this for a bunch of years at South Street Housing development in Archdale Housing Development and Rosendale.

Um I be there every week, we do a hot dog night and it's not about food per se, it's about keeping a line open and connecting with some of those young1582 people who are at risk either for violence or for trafficking. Um it's about building relationships and that, that that's an example that I've seen you set as attorney general, which means so much for all of us is building networks, talk to people and be accessible. And1599 I just really want to acknowledge that you've done an incredible job that way. Keep up the good work and we'll try to be out there with you this summer.

HEALEY - Thank you. I really appreciate that. And you know, I,1611 I've learned from listening to you just as I learned from listening to Rep Tyler about, you know, what people need in the community and however my team and I can support, um, were there and uh, I couldn't, couldn't underscore enough your comment about the need to to make up for some last time these last couple of years where folks who are already marginalized, you know, are even further over the edge and, and kids generally I think have lost so much these last couple of years and you1640 worry about anxiety, depression, increasing suicidality. All these things, you know that it's incumbent upon us to figure out how to meet kids where they are in districts that vary around the state and and deliver what they need. And you know, however we can help as an office we're in.

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REP HAWKINS - I want to thank join the list of people thanking the Attorney General for her work. We had an issue with some very vulnerable citizens in manufactured housing parks in1691 my district. And it didn't it didn't go the direction I thought we were1693 it was going to go with this, but her staff was instrumental in helping us to take a constructive approach to this. Uh, and I don't it would it would have just gone bad very badly without without help from your staff. So thank you so much.

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REP KILCOYNE - Thank you. Representative just wanted to quickly join the chorus as well. Um, Attorney General have not been elected very long, but prior to my election, I worked on the Public Safety Committee where I had the opportunity1745 to work considerably with your staff over the years. And I just wanted to thank you for expressing you know, your your your gratefulness for all the work they've done. I think all of us here know that staff sort of do the work on the ground to make sure that we can do what we're here for today.

So you know, they have been just a frontline partner in everything from gun safety, human trafficking. You know, prior to the pandemic. I know that was an issue that your office was really particularly a leader on um and remains to be a leader on despite all the craziness of the last two years. So I just wanted to thank you for all your efforts and for being with us here today to give us an update of what's been happening and what's to come.

HEALEY - Well thank you very much Representative. And I was once, you know like you you are a staffer and then became the the elected official. I was once an assistant attorney general and then you know became the AG. And um1796 I did get I did get choked up earlier and I'm sorry about that. But the I meant what I said it is about the work and I'm so grateful to the work as I know all of you are grateful to the work of your teams who who are out there bringing it every day. And so I care a lot about them. I'm grateful to them and I obviously care a lot about the office so which will always be in excellent excellent hands. I know, but but that's that's why I got emotional thinking about the work and the1825 time that you know, folks spend out in community and hearings and meetings and discussions and all of that, right, um, that our teams do. And, and I'm really grateful.

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REP SCHMID - Madam Attorney General I just wanted to thank1870 you on behalf of1871 the farming community. You may remember that five or six years ago we1878 had a terrible incident of animal cruelty in Westport. And as it turned out, the folks involved weren't from Westport and they weren't farmers, but you stepped in and your staff doggedly pursued these people, which was so important you make the point that no farmer would ever treat their animals the way these folks had. So I just wanted to thank you and also comment on all the work you've done in the south1914 coast. We really appreciate it. We look forward to having you down here soon. Again. Thank you.

HEALEY - Thank you very much and thank you for working that through with us. It was not an easy issue and not the satisfying result either. And sometimes you do the best you can and it is what it is and um um I just appreciate the work we were able to try to do together in your advocacy.

SCHMID - Well, you did a good, you did a great job bringing the facts to light and that I think was the important outcome.

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WILLIAMS - Just in terms of most folks come before this committee they've always uh always an increase their request, their request was level funding. Any particular reason why?

HEALEY - I just want to clarify that Mr Chairman, it is not level funding. It is an increase. We were able to get an increase through the Governor's budget. Okay, So um that that is the difference. Now, I will tell you this, we're still2063 looking at things and we're looking at what we need to do. And I think certainly um I could make the case for additional funding for a few2070 other areas and work we've got to do. Perhaps we could leave that open to come back to you um if we're able to to make that2078 case. But yes, this is this is a slight increase. Um and I wanted to be respectful of, you know, youR competing demands and2085 the like. I'll tell you, will certainly make good use of money that comes our way and I do think that um uh more more money uh certainly would be would be uh would be grateful for that. Um But we at least would like to get what we were able to get through the initial request.

WILLIAMS - uh, and I want to thank you on behalf of the Black Latino Caucus for the tremendous help you did in the criminal justice bill. Thank you for all you do.

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NICHOLAS COCCHI - MSA - Well, again, thank you Chairman Williams and members of the Joint Committee on Ways and Means for your leadership during these very unprecedented times. We're here today to highlight um, the accomplishments of the Massachusetts Sheriffs Association and the progress over the last two years and to enhance our commitment for the future of the Office of Sheriff and how we can serve and serve the commonwealth. More importantly, we want to show how the sheriff's and the legislator can continue to work together as partners. The Mass Sheriffs Association we are proud of the work that we have done, communities for our justice, involved individuals in our care.

We will see the Legislature uh we see the Legislature as a crucial ally in furthering the progress we have made and the goals that we will come up with for the rest of in the remainder of this fiscal year and upcoming fiscal year. Our goals are simply this, to improve the outcomes for all who live and work in county correctional facilities and to prepare individuals for successful re entry back into their communities. It Is established that over 75% of our incarcerated individuals here in the commonwealth have a substance abuse, a mental health or a co occurring disorder2285 And that's on the low end Mr. Chairman, 75%.

Many people arrive in our care and custody with acute physical and mental health challenges coupled with the significant with significance of charges that require increased staffing2299 to provide the programming the services and to meet the care of the evolving health and security needs of the population. One of the things you'll here today, Mr Chairman is that our population of men and women coming to jail as much as the population is being reduced. The acute mental health and healthcare issues are really posing, posing a significant strain on the budgets of the of the Sheriff's Offices. Throughout the COVID-19 pandemic the exemplary exemplary work of the Sheriff's and the staff has been on display with the populations we serve within each of our communities.

While the pandemic greatly reduced the capacity due to business across the commonwealth, stepped up to the plate and bridged the gap. Mr. Chairman when COVID-19 was taking place, many of the support service agencies in the community were closing but we were still releasing individuals back to the street. And when we did that, we had to make sure that there was ample, for the men and women that needed housing. They needed employment or they needed, services or to continue that bridge with their medication assisted treatment. As we slowly transition from the pandemic back to the epidemic, let's make sure that everybody understands the epidemic, didn't go anywhere and actually became worse.

The sheriffs in the commonwealth never took their eye off of that bouncing ball while still2402 trying to manage the pandemic in keeping people in our custody, that justice involved safe. But as we, again back to the epidemic, it is crucial that we start to look and to2414 be able to raise on the occasion to fulfill the mission. In order to accomplish this mission 2022 has2423 been a year of enhanced collaborations by the MSA and all the collective sheriffs. With legislative leaders, secretariat, National federal partners we want to share with you some of the collaboration collaboration of work that has been done together. We can improve outcomes for all who live and work in the commonwealth.

One thing we've learned over the past two years through Zoom calls and through doing work remotely Mr Mr Chairman is that the work doesn't stop in the needs of the people we serve only increased over these past two years. These collaborations includes work working with the 101 Commission Expansion of medication assisted treatment across the 13 sheriff offices that hold incarcerated individuals continued commitment to mental health and behavioral health And the MIEP 1115 demonstration uh demonstration waiver.

So if we take a look Mr Chairman, the 101 commission, The FY 2020 budget established the Special Commission on Department of Corrections in the Sheriff's Office funding. Thus they called it the 101 Commission. From the commission's inception to the recently filing of its final report the MSA has worked diligently and side by side with the commission's members in an effort to provide information, data recommendations to support an increased programming, reporting and accountability through the correctional facilities of the commonwealth. And the key takeaways Mr Chairman for me and for the Sheriff's that sat on2523 the commission was that there was quite frankly, I think2527 a lack of understanding of what happens inside the sheriff's office.

And I think it's important that we get back to emphasizing that this process two years long was a very fruitful and very energetic uh process that really started to showcase the work that's happening in the sheriff's offices. When the when the group was originally developed and we saw everybody coming to the table, I wasn't quite2559 sure myself where this commission was going to go. But as we got down month after month and we talked about the issues and worked with the NIC and we looked at the staffing patterns and we took a deep dive into each sheriff's office that was being represented we were very proud and we were very happy with the way the information the data and the programs are being received by this commission.

By working together we are turning the tide helping our partners in in constituency2593 as far as having people understand what exactly is happening in2597 these fortresses in the woods. And that's what people think when people go to jail, they may not know where they go. They may not see them for a period of time. But we believe as the commonwealth sheriff's, it's critically important that everybody understands that they're in good hands, that they're in a care they're in a caring, safe, humane and compassionate facility that understands that we have to start to address the needs that they come to us with in that we have to prepare them to go2626 back2627 to the community.

Whether2628 it being a better, a better mother, father, brother, sister, husband or wife to go back outside into our communities and live a law abiding and productive life that each and every one of our goals. Each and every day we come to work. As 14 sheriffs we would be very re missed if we didn't take a moment and thank the real warriors that are in our facilities and that's our staff. That punch the time clock every day that our councillors, case managers, nurses, food2662 service, support service agents, clinical supervisors, mental health clinicians, all the people it takes to run a facility and keep it moving in the right direction for the betterment of the daily environment, but also for the future of the stability of the individuals that we serve.

Consistently reporting as well as the quality of the metrics begins to gather metrics is was another key takeaway. We are producing reports for the commission, many that are necessary, many that can be combined and some that we have found that need to be um stopped because nobody is looking at them and they're not producing the accurate information that was needed that they thought they would yield. The end of the commission has not stopped the2715 outstanding work that we continue to do with the with the commission's leadership to address these takeaways.

Through continued collaboration with commission leadership. We will uphold our commitment on building up, expanding evidence based programming as well as strengthening and improving the consistency and the quality of all of our reporting. That's what the 101 Commission yielded. And I do know I have ah Sheriff Hodgson2746 here, I want to thank him, I want to thank Sheriff Coppinger I want to thank Sheriff Ashe former Sheriff for sitting on that commission on behalf of the Sheriffs and bringing the information to each and every meeting and offering up the opportunity for all people on the commission if they wanted to to come in and view and see our facilities.

I think that yielded a great opportunity2770 for people to see what happens behind the2774 fences inside of the facilities and how we prepare people to walk2778 outside the door. On a medication assisted treatment.2783 The MSA has worked with2784 the legislative leaders and the administration officials to secure funding to support and expanded an expansion of the medication assisted treatment program pilot Which is being administered presently by seven sheriff's offices on that pilot. Those2800 offices include Essex County Franklin County Hampden County, Hampshire County, Middlesex County, Norfolk County and Suffolk County in coordination with the Department of uh the Department of Public Health.

We want to thank Secretary Sudders and the legislators for their support in this now nationally recognized pilot program but we're not done. We have seven offices online. We need to bring the other six to the table. The program calls for the administration of all three FDA approved forms of MAT naltrexone, which is Vivitrol, methadone and buprenorphine, which is Suboxone. We are proud to be part of this outstanding pilot as we know, providing MAT during incarceration can be life changing. Reducing the likelihood of an opioid overdose fatality upon release, improving health outcomes, reducing recidivism and ultimately, and most importantly, saving lives.

As the need for the expansion for the other six facilities we need to look at the other offices. The Massachusetts Sheriffs Association is working with the legislative and administrative administration leaders for an expansion support for the pilot. specifically specifically to expand the pilot to include the remaining six sheriff's office. Offices who house incarcerated individuals and to increase the funding to support the expanded MAT and all 13 sheriff's offices. The MSA is committed to expanding MAT in our correctional facilities and providing a soft handoff into the community to improve health outcomes upon release.

With your continued support Mr. Chairman and members of the committee, we will continue to impact and save lives from a medication assisted treatment perspective from a programmatic perspective from a mental health perspective and from an all inclusive health and wellness perspective when we return these men and women back to their communities. At this time, I love hands off to Sheriff Peter Koutoujian from Middlesex County to talk about mental health and behavioral health.

PETER KOUTOUJIAN - MSA - Thank you Nick and um thank you very much to Chairman Moore and Chairman Williams for your leadership and interested in this interest in this. Uh and thank2960 you to our vice president Cocchi for his leadership and for asking me to speak about the ongoing crisis of mental health in our jails and houses of corrections. I do want to say something to sincerity with which you saw Sheriff Cocchispeak about the well being of those in our care is completely sincere. It is indicative of every other sheriff. The well being of those in our care is something we do care about very much and drives us every day to try to make ourselves better and stronger, to be able to help our communities.

I know we've discussed a lot of numbers today, but I think there's a few numbers I'd2994 ask you to really think about. In January of 2019, 11% of my people in my custody who had a diagnosed, there were 11% of the people in my care and custody had a diagnosed mental health disorder, that was 11% January of 19. As3012 of today, actually January of 2022, it was 44% as of today, it's 53. Now that 53% might go lower of course, but it also might go higher,3024 but you can see the incredible drive in the need for our treatment and mental health. I'd like to speak about those with open mental health cases. So the prior numbers I mentioned were diagnosed, this is people that don't have a diagnosed mental illness, but those that are being treated whether they have a diagnosis or not.

In January of 2019, about 51% and an open mental health case. and these can range from anxiety and you know, it's a it's a stressful environment, so anxiety and many other needs that they have sleep issues, things like that. So in January of 19, that was 51%, January 2022, 75%. So, truly three quarters of the population in Middlesex and by the way, this number is not, you know, this number is3073 consistent with jails across Massachusetts3075 and quite honestly across the country. Um you know, I've been saying for years, we've been saying for years that our jails are becoming de facto mental health treatment facilities and today it's it's absolutely considered and3088 accepted, universal fact but Massachusetts is not unique on this issue.

The three largest mental health treatment providers in the country are Rutgers, Cook County and LA County Jails Los Angeles. So, and even with the world class hospitals in Middlesex County, I'm the largest mental health provider and I guarantee you that every jail throughout our commonwealth are the largest mental health providers for their counties. In 2019, we actually had to add on six full time mental health clinicians workers and clinicians. Part of this was because of the the mandates put upon us by Chapter 69 for our restrictive housing which was all well and good. But beyond that, we also had greater need for evaluation and stabilization unit where we take those with mental health in mental crisis from other Sheriffs offices to treat them with greater specialty and then honestly in3139 our own needs.

Um and so we hired six in 2019 and 2020 in Middlesex we had to hire another two clinicians and in fact just we just posted to hire another clinician this past Friday such so great is the need. This is all to keep up with the workload not only for our evaluation stabilization unit but our restrictive housing unit, which is really important work to do. So as many people have heard me say this before, you shouldn't have to come to jail to get good treatment but you know, um but we're asked to fill the gap in care that should exist in the community. I'm very proud of the programming that addresses these needs and through data are demonstrating efficacy.

The MAT pilot mentioned by Sheriff Cocchi supported by this Legislature. The pilot site for the behavioral health justice and involved initiative which provides both prerelease and post release navigation services for returning citizens with co occurring diagnoses of substance use disorder and serious mental illness. Middlesex working with the Middlesex Restoration Center and these are going on crisis evaluation centers throughout our our state. These additional staff and programs come at a significant cost however. People have questioned why staff counts and programmatic costs are increasing is because the population we serve as coming at us with greater need greater, much greater acuity than ever before.

And we may all agree that individuals should not have to come to jail to get this type of care behavioral and otherwise. But I think we can all agree that while they're with us, we have an obligation both sheriffs and legislators to support them with that care. In closing we as sheriffs ask the legislature, both through the budget we're discussing3238 today and through the various pieces of legislation addressing behavioral health that are still in session that you include jail, jail based behavioral healthcare in those efforts because at least 75% of my population need this type of help.

As does local law enforcement that has shouldered the burden of behavioral health, this behavioral health-crisis response for far too long. Thank you very much for your time and we look forward to taking your questions. I think now I'm going to turn it over to attorney and our executive director of Mass Sheriffs Association Carrie Hill to speak about the Medicaid inmate exclusion um policy that we are considering here in Massachusetts as well. Carrie.

SHOW NON-ESSENTIAL DIALOGUE

CARRIE HILL - MSA - Well, good morning, Chairman, Williams and Moore members of the Joint Committee on Ways and Means and agency officials. And of course, sheriffs. So I'd like to take a minute and talk3350 with you about another exciting partnership that will have lasting impact3353 on the individuals in our facilities as well as the commonwealth as a whole. In an exciting partnership, the Executive Executive Office of Health and Human Services, Executive Office of Public Safety and Security. The MSA And other strategic partners in the state have come together to propose an unprecedented innovative and sustainable proposal to expand Medicaid eligibility to individuals in the commonwealth experiencing incarceration.

Without distinction and status whether juvenile pretrial or convicted we collectively embraced the proposal to support the provision of Medicaid for all eligible incarcerated individuals. There are currently barriers that must be remedied to address the inequities and disparities of the current provisions of the Social Security Act, which prohibits incarcerated individuals regardless of their status from receiving the federal healthcare benefits otherwise known as the Medicaid Inmate Exclusion Policy or MIEP they are entitled to. So, but for the fact they are incarcerated, these women, men and youthful offenders would be eligible for federal assistance.

The inequities place an undue strain on our law enforcement public safety, public health, our communities at large, but most importantly, the individuals themselves. The sheriffs have been national leaders in advocating for the need to eliminate the MIEP and as you may also be aware, Senator Markey has been a champion as well, trying to address the inequities of the MIEP. We know that expanding the health coverage for eligible incarcerated individuals can and will change lives. And while Congress continues to work on legislation on the federal level, Massachusetts would be only one of a few states to see a waiver to the MIEP for our incarcerated individuals.

This is a heavy lift to overcome the barriers set in place by the federal Medicaid Inmate Exclusion Policy, but the sheriffs are prepared to meet the needs and requirements of our federal and our state partners. For the past 1.5 years we've been and actually longer but really in the weeds. We've been working together in collaboration on the MIEP 1115 Demonstration Proposal. In December of 2021 the fruits of those3483 efforts were seen with the MIE Proposal being submitted to the Centers for Medicaid and3489 Medicare services.

The proposal, if accepted, would provide coverage for all youth held in Department of Youth Services and custody, Cover adults with chronic conditions and or behavioral health conditions held in correctional settings for their last 30 days in pre trial detention or in a sentenced incarceration status. And finally provide one year3512 of continuous eligibility for the MassHealth program which they qualify post release from a correctional setting. This proposal is intended to improve health outcomes, post release by increasing enrollment in MassHealth and improving continuity of healthcare coverage and access to health care services. And while we await the response from CMS, the Sheriffs will continue to prepare for the approval with our strategic partners and to continue enrolling eligible incarcerated individuals for MassHealth in preparation for their release.

Together we can be the state to lead and guide others as we navigate this extraordinary proposition to improve health outcomes and address health disparities of the current MIEP for our justice involved populations. We thank you for your continued support as we all work together on these very important initiatives. I thank you for your time and now back to you Sheriff Cocchi.

COCCHI - Thank you Sheriff Koutoujian and thank you Carrie and just bringing us to closure. Uh Mr Chairman, I just want to say that it's a new day for the Massachusetts Sheriff Association. Um Over the past year the Mass Sheriffs associations worked diligently to maintain and expand regular communication and relationships with our legislative leaders as well as administration3594 officials. We've done that by undergoing a comprehensive reorganization which included the hiring of our new executive director who you just heard from Carrie Hill. She's a subject matter expert in corrections. Uh she's a deputy legislative and a communications director and we have all these pieces were putting together in the MS.A.

So we have Carrie we have a deputy director coming a legislative and a communications director and we're putting focusing and putting a focus on telling the story. What we found from the 101 Commission is that if you don't tell the story, the stories told for you. So one thing we're focusing on with the MSA Over the course of the next year and the years to come is that we are going3644 to tell the story of3645 what is happening inside of our facilities and how we can better serve this justice involved population. The MSA has acted as a unifying force between the Massachusetts, Sheriffs, the Legislature, administration, administration officials and the public.

The MSA is proud of our efforts to serve as a transparent entity, representing the needs of our sheriffs and providing accurate information and reports to the executive agencies, the legislators and members of the public. Our work3680 is far from over Mr Chairman but we are optimistic and excited about our future working together with each and every one of you. In closure the future is very bright at the Massachusetts Sheriffs Association as we continue to uphold our commitment to improve the outcomes for all who live and work in the facilities across the commonwealth. Despite the unprecedented period, all of our collaborative work this year puts us in a strong position moving forward to focus on our overall mission.

We are stronger because of the relationships we've fostered with the legislative leaders, administration officials and our federal partners. We are proud of the work we've done this past year, including working on the 101 Commission, expanding the medication assisted treatment and all sheriff's offices, expanding access to federal benefits. With the MEIP 1115 Demonstration Waiver Application in upholding our commitment to expand medical and mental health and behavioral healthcare in each of our facilities. As we look forward to the new year, we ask you for your continued support and partnership as we continue to grow and accomplish these goals together.

Mr Chairman, I'd like to thank you again On behalf of all of the 14 sheriffs in the Commonwealth of Massachusetts on behalf of our executive director and her staff, but most importantly on behalf of the citizens that we all serve in each of our communities3780 and our counties. Thank you for the support, our support and your support will3785 continue to allow us to do the things that I know you personally here in the community here out in Western Massachusetts. So mr Chairman, thank you and we will take any questions at this time.

WILLIAMS - Yes, thank you. Mr Chairman. I do have a couple of a couple. House 2 budget contains differential increases across the Commonwealth 14 sheriffs offices. Can you share your thoughts on the distribution and if you3817 have any input3818 that would help us as we build our budgets. So you've got 14 different departments help us shape this budget.

COCCHI - Again, I was listening to when the attorney general was on Uh the governor, the governor gave us a number and I'm speaking for myself and we looked at the percentage increase across the 14 offices. It really it worked itself out to be close to 6%. That's 6% is indicative of the 2.5, 2 and 2% cost of living raises for our staff. So really it's a level funded agenda with thank thanking uh the administration for not giving us an unfunded mandate of the cost of living raises for the three year period of time. That's where that increase came from. And I will tell you as we talked about the MAT and we've looked about adding the other six offices to this pilot program. That initiative alone will go from 15 million to 22.5 million just3884 to get them on board and funding.

WILLIAMS - Okay. And the Hampshire Sheriff's Department mentioned that they would eliminate the regional lockup retain revenue line item. Can you speak to the line item received partial funding and House 2

COCCHI - I'll let Sheriff Cahillane maybe give you a call offline and discuss that with you mr3911 Chairman. I will tell you though that that was a great uh move for the community by Sheriff Cahillane to open up his uh, lock up and not charge any of his cities and towns because it was a service that needed to be provided. So we're very proud of him.

WILLIAMS - There's the other question uh, will3930 set this in terms of trying to eliminate that uh, phone fee for inmates. You folks have endorsed it, haven't you?

COCCHI - Yeah. Well what we did MR Chairman is looking at what is being also um, talked about and discussed federally. Uh,3952 There is not one Sheriff's office here in the Commonwealth that is charging over 14 cents a minute. And that is um, in line with what the federal rate per minute would be. Now there are offices that are charging zero. There are some charging 12 cents and the others charging 14. Understanding that the money that is generated from those revenues um, um, every cent goes back to inmate programming.

And I would be more than happy MR. Chairman to share with you. Where every uh cent goes on our revenues. It goes to $400,000 for a, a bus line. So we can bring family and friends to see these into uh, their loved ones that are incarcerated that may not have transportation so that it goes into domestic violence, anger management programming,4006 it goes into fathers and trust and mother child visits. All the things that we can do to help our justice involved population reconnect and have the proper resources and tools, uh, when it comes from to a programmatic approach.

Because I will say this and it's a very bold statement, but I'm gonna say it because you understand um you know, dollars and cents. when budgets get cut programs go, security4033 can't leave the safety and the welfare of the individuals in our care and custody will always be paramount. So it is critical that we have these revenue sources and make sure we can put that back into just allow population if we come upon more difficult times. We have been very blessed over the past few years Uh with with with this administration and with the support of this legislative delegation, both in the House and the Senate. And as the 14 sheriffs will say again, we are very grateful for your support. Um and we are very excited to maintain and to4076 continue with that support.

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REP WHELAN - Thank you. Mr Chairman. Um More of just a comment, I just wanted to give special thanks to Carrie Hill from the Massachusetts Sheriffs Association as well as Sheriff Hodgson and Sheriff Coppinger for their work on the the commission that we've referenced here. The 101 Commission. The Commission to study uh DOC and county Sheriff funding. And I think that that report is really going to be helpful in us understanding uh the financial burden that a lot of our Sheriff's departments are placed under as we continue to put more and more um uh demands on them for services.

Uh, and then actually, if I could just close to the question for any of the sheriffs, if any of them would like to just expand briefly on the cost savings that our municipalities realize with these regional lockups, how that works. Because I think that we've been talking about regional lockups for a long period of time. And I think that uh, we, we just need a little refresher from our sheriffs on how investing in the regional services and regional lockups that our sheriffs can provide. How important that's going to be towards cost savings from municipal governments. So if any of our sheriff's would like to take4155 a whack at that, I'd be interested in hearing the presentation.

THOMAS HODGSON - MSA - If I, if I could uh Representative Whelan um, we've been running the longest region locked up in the state and we have always charged the cities and towns for each individual person that's brought there to offset the cost for the incarceration in the period of time that they're either bailed or waiting pretrial. One of the important things as well as the fact that we're able police officers are trained to understand things like positional asphyxiation, for example, where the other things that our people are trained to look at and somebody is in our custody to prevent somebody from4199 from dying inside our facilities.

They would be at a higher risk of having that happen by having people who are not trained to do that. We have medical staff around the clock, we have food services around the clock, you don't have police officers being exposed to potential lawsuits in cities and towns, the lawsuits because people were put in the jail cells in a police station, uh, knowing we being exposed free trials to potentially being harmed. So it prevents the additional costs of cities and towns. They pay for the cost each day for each prisoner that's in our custody. And, and then we do the transports to and from the court as well.

So, uh, both from a financial standpoint as well as protecting police officers and their families are going through the trials and ultimately the end they may be exonerated on, but were put in that situation where they didn't need to, it makes all the sense in the world and it's worked very well for us. And I started, I think in 1998 I believe, and we've had great success with it. It's been a huge, huge success. And I think for ther sheriffs as well, they're involved.

KOUTOUJIAN - Representative, if I could just add in. Um, it's really important to understand that's not what police officers do and nor for which they're trained. Um, this is something that we do 24/7 seven days a week, every holiday. We provide food, we provide, um, security, but we provide mental health benefits and public and, and medical care. This is something they can't do. And so aside from the ability to put more police back on the streets, um and protect our neighborhoods in that way and save some monies, this is exactly what we do. And for some of us the the lowering of the numbers allowed us to open up these programs, not just to save some money but to provide better wellbeing for those4320 that have become justice involved.

COCCHI - And if I could Representative just I can't thank Peter and and and Tom enough for their for their explanation. But also4333 in remembering it absolutely is a financial savings to the municipalities. And that's the bonus. The real purpose as Peter I thought said so well is it's about the custodial care that they get medical personnel. Somebody comes in and around MAT. If you're in an MAT facility, you're getting bridged. You're you're getting continue it continued over immediately. It's about the hot meal that you're getting over a long weekend. It's about the opportunity for mental health services uh and support services while you're here. It's not sometimes just Monday to Tuesday.

It's friday night Saturday night, Sunday night, Monday holiday Tuesday. So again, I just wanted to echo that it's the professionalism of4387 our staff who do this every day. That I think really, uh bring the best part of this uh collaboration we've done with the municipalities. And the cost savings is just the bonus because it's about the safety of those people in our care.

WHELAN - Thank you Sheriff. I think that the point that you bring up is fantastic on on both fronts in particular when when you're talking about the welfare and the care of the person who is in custody. I have an old saying, having worked in corrections and having worked as a state trooper,4417 that cops are really, really good at being cops, but they're not so good at the care, custody and control that CEOs are outstanding at. So it's playing everyone to their strengths. And I think as you said, the icing on the cake is the cost benefit to our municipalities. Uh and again, playing4434 everyone to their strength.4435 So thank you very much for your time and answering my question.4437

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REP HOLMES - So um I actually wanted to direct question towards Peter just because I know um our relationship has been good and I'm sure you can explain this to me well. So the Sheriff, my Sheriff Tompkins that keep going back and forth around this question around the phone charge that Williams asked about. So you Guys landed I4470 think on what 14 cents per minute is that right? That everyone is now charging.

KOUTOUJIAN - That's right.

HOLMES - And so can you talk to me through please I, you know obviously I'm hearing both sides of this argument, but I know you can do it well, can you talk me through What the 14 cents is used for? He talks to me about obviously the letter Sheriff Tompkins talk to me about the cost of actually running the service, how some of the funds are used for, of some of the, uh, inmate benefits, like doesn't limit inmate benefit account. Um, and the like, so can you walk me through why 14 cents and what the conversations of how you got there and what you've been counting for on that? That would be great.

KOUTOUJIAN - Certainly representative. I think Sheriff Cocchi did a, in outlining initially, but this is a 14 cents is the number that you're speaking about on a federal level. Uh, and so we just felt like in order to get ahead of it here in Massachusetts, that's where we go because it may happen federally. Um, we thought it's something that we could manage and live with as well. Um, but you know, and I think your question, you know, comes to the fact that, you know, this, these monies are not sent spent on anything except for, you know, programs and the only on inmate and incarcerated individual betterment. It's, it's, it's only there4560 for that.

So we can't spend it anything else. Probably dirty little secret is that programming. I don't know what percent is significantly paid for through these fundings and if we, and if we lose much more of these fundings, then it will affect our ability to provide programming. Um Each of us have lowered our costs, you know, I've lowered them in Middlesex multiple times and Norwell have Nick has been great about this. So we've all4584 brought them down, brought them down, brought them down.

And I think in an effort to just get it4588 to one place where we could all speak to it, we went to the 14 since it was driven by a national numbers being put around and we felt if Congress was suggesting that would be an appropriate number, then we felt that was probably a good place to go to start um uh, to4602 get to where we need to be to provide by the way we don't do this lightly. During COVID Um Each of us gave away numerous free phone calls, you know, tens of thousands of4613 minutes of free phone calls because visitation was cut down. If there are times when there's crisis inside or something going on, we make sure that people have access to free phone calls.

So if you don't have money in your account, you still get calls despite this anyway. And by the way your your calls with the attorney always free. We don't that they're not charged at all. So we try to make sure that we try to balance out that that um, you know, not being too heavy handed on those that care about those in our custody but allows that access so that they can, one of the most important things for their reentry is that management of the relationship with family and then to support the programs that that we provide for these individuals. Nick I4658 don't know if you want to add something on to that.

HOLMES - Nick can answer. Nick, do you know a sense of what is the cost for the equipment? So if it's 14 cents, is it costing us You know, on average five cents for the equipment and all of that4671 set up and nine cents is for you know, inmate benefit any sense of what the cost is versus what goes to inmate benefit.

COCCHI - Yeah. I think it's a great question but one very difficult to answer and I'll explain why uh Mr Representative. Is that um one of the, one of the biggest things is4691 is um on the revenues is that it goes into the monitoring system. One of the best pieces that we have with our system is that we have uh key phrases and words that will flag immediately somebody in our department. If someone is on the phone with with their spouse and uh it doesn't go well and they say a word of that's it. I'm done, I'm going to hang it up or I'm gonna hurt myself or anything along those lines.

It's it's we we immediately get flagged4722 on that and we can start a emergency referral from a mental health perspective on some type of suicidal ideation. Um it's, it's Very, very important that we have the ability to fund those types of mechanisms. So 14 cents a minute rate for the call was something as Sheriff Koutoujian said to get to get in line with and in front of the federal wave coming. But more importantly, and I thought Sheriff Koutoujian said it well. Um it's not going to come without its pains um because these are revenues for many, many years that have been used in um put into play to, it's not just fund but to start up programs to get the tools and the resources so we could do these types of things.

For example, um we do serve safe here to do a serve safe and be certified. You have to pay a fee for every test that's taken and on a janitorial services as well. All that money and all those fees and exams are paid for out of the retained or the revenues made from the phone calling system. So um, I can just tell you that I have a breakdown. I'd be more than happy to send it to you for exactly what we ah accrued over a year period and exactly where the funding went from a bus line to books to um giving um, you know examinations and helping with high set offsetting some of the DESI money that right now when you take a look at um students 18 Years of age, you don't see many of them.

The DESE money drops yet I always sell this to people. I could have 15 students in a class and pay the teacher what the teacher gets paid or I gotta have one student in that class and that teacher still has to get paid when she gets paid. So when you look at the reduction in population, it does not immediately equate to a reduction for cost per inmate because it's the most expensive part of the business that we're in is healthcare, mental health services and education. And whether there is one person or 15 people in that class, it costs the same to deliver the program.

HOLMES - So let me just, my only, my last follow up Mr chair is that I teach um frequently at the Suffolk House of Corrections in the jail and the House of Corrections and I've been as shown4874 by the director there many times where the things that needed for my class comes from4879 this inmate benefit account. So I've gotten this conversation um because of my interactions, but two things one is, are we moving towards a tablet and being able to move move on the phone calls on the tablet? I think there was been some security issue with that question.

And then the second thing is when you said you have a number, there have been many, many, many advocates. Um I would say there have been advocates been saying, well we should just have this the things that you're saying you need, they should just be a cock. That I find it interesting that the same people who are demanding that we would, you know, because of the inmate number to reduce the amount of money you're getting are the same folks saying that the costs for um, for the inmates phone calls that seem to be uh, diametrically opposed. But I won't get into that part of the argument that I've heard. But you have the number, what is that? You said you're going to give me a spreadsheet something. What is the number? The top line number? And then you can actually the tablet question that would be great.

COCCHI - Yeah. What we brought bringing yearly is about $650,000. And I can tell you, I think right off the top 400,000 was going at one point to pre Covid to a designated bus line that would come up4962 to our, for each of our I have four facilities to each of them, uh, numerous times a day to um bring family and loved ones up for whether it be visiting purposes or any type of business that have to be done up here. I will absolutely send you exactly the entire breakdown.

HOLMES - Excellent. That was just for your facility. That wasn't for all facilities. I take it that's what you just gave me.

COCCHI - No, but I and I won't speak for my colleagues but I can assure you uh there's will be very similar. They have they may go down different avenues and what they spend it on. But it will be all spent in the direction of things like like you just said that as you're teaching at the Suffolk County Sheriff's Office um a lot of your materials and stuff are purchased from from that type of account. Um And we and that's the same across the state.

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MOORE - Thank you. Sheriff, Koutoujian and Carrie and the other Sheriff's for being here today. Question5036 I have a couple of questions from the Ways and Means That they'd like to have some information on the House 2 recommends 150,000 for the Berkshire Aquatics, Aquatic Aquaponics Program. Um At the Berkshire County House of correction in print in Pittsfield. Um I guess what's the purpose of the program and what's the expectations?

COCCHI - So um Senator that is Sheriff Bowler from Berkshire county and he is very proud of an aquaponics facility that was put5072 up about a year and a half ago. Um he's had many of his delegation out there as well as the Governor and lieutenant governor. It is a a facility that will grow heads of lettuce and other types of vegetables through the cultivation of fish. And uh if I get quite honest, it's fish fecal matter that will be recycled and it5097 will be the fertilizer and it grows the head of lettuce in a very rapid pace and it is all organic. And the facility was built by a 501 C3 effort5112 by people on his deputy Sheriffs community initiative.

And now what they're looking to do is maintain that. And where all of his product goes, it goes to feed um his facility and much of it is sent to homeless shelters and um soup kitchens and food kitchens across this county. And a matter of fact, every uh city in town in his county has been the beneficiary of some of his product. Um and again I missed, I'm sorry, the most important thing that I didn't tell you is that they're teaching the offender and justice involved population this skill. So they're teaching them a a skill so when they get out they can then take this on. Because there's a lot of aquaponics and type of agricultural type uh positions that are taking place out in the Berkshires and in Hampshire and Franklin County.

MOORE - Okay, thank you. Um The next question has to do with the Hampden County's Sheriff's office House 2 recommends 2.5 million for Hampden Sheriff, Section 35 program which is an increase of 536,000 from Fiscal year 2022. The government's budget including, 14 million reserved for Section 35. Can you discuss the implementation of Section 35 treatment programs across the public safety system5206 to date and how the funding will be utilized with the increased access to services.

COCCHI - I I have to apologize. You were cut off. I didn't hear your second part of your question.

MOORE - Can you discuss the implementation of Section 35 treatment programs across the public safety system to date? How this funding will be utilized to increase access to services. So the governor's budget proposal included 14 million reserved for Section 35 and facility investments.

COCCHI - Yes. So our are Section 35 Civil Commitment Facility. Uh as you mentioned from The House, I think it was 2.2 or some odd million. Um and working and um talking with the administrative officials, It costs us 14.5 about million to run that facility. Um it's a facility that has up to 140 beds. Oftentimes we are on a one5270 in one out basis. Um We are doing work of each client that comes in an average day is about 56 days opposed to any of the DPH facilities at around 24 days. Our recommitment rate is I believe about 5.2%, which is probably one of the best around. So I can't speak for anybody else in the criminal justice business doing it work. But what I can tell you is we do it5304 and we do it very, very well sir.

MOORE - Okay. All right, thank you. Um The next question, House 2 recommends 1.3 million for the Middlesex Mental Health Stabilization Unit level funding the program with fiscal year 2022. Um What is the rationale rationale behind this funding level given the increase in demand for program services?

KOUTOUJIAN - So the increase was necessary senator because of the increased need in our facility for mental health. But the evaluation stabilization unit serves not just Middlesex Sheriff's office, but the Sheriffs on the eastern part of the state. Hampden county has an ESU for the western part of the state. Our needs have grown significantly. By the way those numbers that I cited with, you know, 75% having an open mental health case and and 50% of a serious diagnosed mental illness if you consider actually the fact that our numbers have gone down um somewhat uh because it had been coming down for many years.

It went down a little bit further with Covid. Come back up a little bit. So our numbers are lower, but the percentages are much higher, which means that those with mental health, those are most acutely in need are being left behind in our facilities, including our mental health, including our medication assisted treatment. Where those numbers are as high or higher now than they were with bigger numbers pre Covid. So the need is incredible, 19 because of the risks the mandates with restrictive housing by the way, which is as we were very happy to hire clinicians.

We hired six in 2019 two in 2020 and we're doing5414 one for this Friday. And much of that is because of the need that we're receiving in Middlesex from all the other sheriffs that refer those that are incarcerated with significant mental health needs that they can't handle in their own county that we can treat them on on our evaluation stabilization unit. This unit was designed with medical with both Hampden and Middlesex to be that stopgap5434 before we had to refer people back out to Bridgewater so that not every sheriff's office was sending people directly to Bridgewater.

They could send them to Hampden ESU or Middlesex ESU we could try to manage them for a period of time. Hopefully refer them back to that home sheriff's office back where by they live by the way uh and and not have to refer them down to Bridgewater. We saved a lot of money and trouble for Bridgewater by managing them within our own ranks as sheriffs in the both the Middlesex and Hampden are great models quite honestly of innovation but management as well.

MOORE - Okay, all right, thank you. Um The next one. Please describe how the various county sheriff's departments continue to adjust their operations due to the ongoing COVID-19 pandemic. What have been the financial implications of the general depopulation efforts undertaken by the various sheriffs departments?

COCCHI - Well, I would I would just say that um I think and with the support of Dr. Elise Warsaw an epidemiologist who supported the Mass Massachusetts, Sheriffs Association and recommendations that each and every one of our health service directors have put in play. We feel we're in a very good place right now in managing and with a regimented processes of of still testing and so on and so forth. We we we've got this now, we're two years later. What did it do two years ago? It did a lot. Um And and again, um I think I opened up with thanking the Legislature for working with us and allowing us the latitude to purchase the things needed for congregate care to ensure the safety in the wellness of each of the people.

Not just the staff coming into work, but more importantly, the justice involved in our population. I couldn't be more proud of the 14 sheriff's offices and the 13 offices with correctional facilities in the way that we mitigated this virus ah frequently because we did all have outbreaks where it came in. And in the quick response of our medical teams and security teams to get everything under control to do the isolation protocols to get people to where they're no longer shedding the virus and then getting them into that period where they can then rejoin general population. Um I just really want to say publicly that the, I don't know if it could have been done5587 better anywhere else. And that's because of the great guidance we received5593 from Secretary Sudders, I mean Sudders from the DPH but as well as our epidemiologist, Dr. Warsaw.

MOORE - Okay, thank you. The last question, I have A report issued in October 2021 by the Sentencing Project detailing racial and ethnic disparities in state prisons found that the ethnic disparities are highest in Massachusetts. They highlighted that the LatinX individuals are incarcerated in state prisons at a5626 rate that is 1.3 times the incarceration, the incarceration rate of white individuals. How do sheriffs plan on to address this disparity and most specifically how they plan on to address the racial disparities in the prison system.

COCCHI - Well, again, um I think we've all been doing that, not just because of this study, but we've been doing this. I've been here for 29 years. I started back in 1993 and school to prison pipeline was what was a thing that it's still a thing today. How do you, how do you stop school to prison pipelines? You have to start with the engagement in the community, you have to start with um um the preventative measures. Um when people are released back to the community, giving them the opportunity to be that better mother, father brother, sister, husband and wife. So we've got to break the cycle.

I can't tell you how many5679 times here in my tenure5682 of of of employment that I've watched a grandfather then a son and then another and then the grandson come in. It's because we didn't break that cycle and it's not okay, it's about helping. And I look at uh Chairman Williams who I know believes in our cause as far as the mentorship programs that happen in our communities, those fathers and trust programs. When you look at the statistics you're talking about, you're talking about many men who grew up in father was Homes. And we have to fix those discrepancies that are out there in in engaging in the community.

There's a lot we can do to prepare somebody inside of our institutions to go back to the community with the proper5721 tools on their tool belt to be used in a in a way that can put them in a more productive light in a more productive state. But we also have to work with the community agencies so we can get these individuals into a place where they can start to not only grow but they can grow in learning what it's like to make a living the right way where they're not looking over their shoulder every day. There's three major pieces of incarceration and when it comes to re entry. It's employment, it's housing. And it's wraparound services meaning your mental health or substance abuse and all the services that keep you in a great frame of mind.

If you lose any one of those three legs of the stool, recidivism and reincarceration is at a high propensity5770 it's at a high possibility because you can't have one without the other. If you don't have a place to work, you can't make money to pay for your home. Eventually you lose your job, you lose your home. If you lose your job and you lose your home what is it really going to take to get you up out of bed the next day to go to your mental health appoint. How are you really going to get there? Are you going to be motivated to get there? So about its that holistic approach of of of of of employment housing and wrap around services that we have found helps keep recidivism rates at the lowest possible level. And5807 it keeps people functional and it keeps them productive when they're out in the community.

KOUTOUJIAN - And and and and senator, uh, you know, Sheriff just mentioned that, you know, we can we can address the issue of recidivism and how we turn people back out into the5820 community. But I think as you know, senator, you worked for a sheriff's office, We don't arrest people. Um we only sent people by local police departments and by the courts. We have no say in whoever comes to us. A matter of fact there are many people would rather not come to us.

5835 You know, any sheriff will say there's certain people we wish would not come to us but we don't have any say in that. So as far as the disparity of those that become justice involved and come into our facilities, we don't have much control. What we do have control over is I think Sheriff Nick Cocchi said is preparing people for their reentry. Uh and I think we do a pretty good job on that.

SHOW NON-ESSENTIAL DIALOGUE

TERRENCE REIDY - EOPS - Good morning and good morning Chairman Moore and to the members of the committee. I want to thank you for this opportunity to discuss Fy 23 fiscal needs. My name is Terrence Reidy and I serve as the Secretary of Public Safety and Security and I'm joined today by my colleagues EOPS undersecretaries and agency heads. Before I begin, I'd like to thank the Legislature for the cooperation over the last year, including your thoughtful consideration of public safety and finance requests. I also like to thank theEOPS agency heads and their staff for their service and steadfast commitment to public safety.

Despite unimaginable challenges over these last two years, the EOPS demonstrated remarkable adaptability and resilience. Ensuring the continuity continuity of operations while developing a forward looking plan to achieve our many goals and objectives. Today's presentation will outline our comprehensive approach to advancing public safety and implementing reforms and criminal justice and policing. We'll be highlighting necessary investments, introduced pilot programs and identify the expansion of key initiatives designed to meet the public safety and security needs of the commonwealth.

Massachusetts continues to earn its reputation for innovation by finding creative and effective solutions to challenging complex issues. Activating the National Guard to drive Children to school distributing Covid tests, supporting healthcare institutions, updating training curriculum and standards for law enforcement officers to reflect modern day policing issues, including advanced de escalation tactics. Introducing several reentry initiatives to create opportunities for returning citizens. A transformative mentoring program led by justice involved individuals and job training in sustainable green and industries play a critical role within our larger commitment to advance a more modern fair and equitable criminal justice system.

I raised these examples because they illustrate how are agencies challenge themselves to achieve the best outcomes in Massachusetts. In the year ahead we'll continue to advance policy initiatives that support our commitment to6043 transparency, accountability and diversity. The Massachusetts State Police have successfully completed the rollout of its body worn camera program. EOPS is now expanding the body worn camera initiative to the Department of Corrections. We continue to work closely with initiatives. We continue to work closely with the EOPS to implement a comprehensive cross checking system, an unprecedented creation of a unified data collection and reporting method for the criminal justice system.

To continuously build a diverse talent pipeline for EOPS and the Massachusetts State Police has launched a pathway internship program and the state police will be launching a cadet program. Now it's my privilege to share with this committee some of the remarkable work planned for this upcoming year. Fy 23 House 2 budget recommends 1.4 million in funding across public safety and security sector secretariat. Notable expansions include increased investment in benefit programs and client services for the DOC Inmates funding for new state police classes to enable the department to fulfill its obligation to the public while implementing police reform funding the Mass State Police body worn cameras in a new DOC body worn camera pilot program.

Allocating appropriate resources to the Office of the Medical Examiner and funding for several important programs in our executive office. House 2 also recommends an investment that means a great deal to me. The creation of a state grant program that will bring community stakeholders together to develop comprehensive solutions to address violent crime. This violent crime reduction strategy is inspired by a highly successful Department of Justice project safe neighborhood program.

As a young prosecutor, I I participated in that DOJ program along with the former agency head who is now the Suffolk County District attorney, Kevin Hayden, who I know is on this call. Our new state program will convene people around shared goals and breakdown common silos to reduce violence, build community and measure success. House 2 funds the Department of Corrections at $775.6 million. A $30.2 million increase from fy 22 GAA, which is primarily driven by standard payroll and other maintenance increases. Since 2015. The DOC has prioritized and made significant investments and benefit programs and client services.

Our continued reinvestment in treatment and services underscore our commitment for rehabilitation into reentry programs. In fiscal 15 DOC spent 69% of its budget on wages and 18% on benefit programs and client services. In fiscal 23 DOC is projected to spend 58% of its budget on wages and 28% on benefit programs and client services. The government. The governor's budget includes $69.9 million to maintain services at Bridgewater State Hospital, 22 million for the Massachusetts Alcohol and Substance Abuse Center and 11.7 million medication assisted treatment.

Funding will also support several important new initiatives, including a $1 million investment in green job training programs which will provide pathways to sustainable careers. Opportunities include training programs for hybrid and electric automobile technology, solar panel installation and a wind turbine technician. 600,000 within our executive office budget will create a partnership with organizations that help create that helps justice involved individuals connect with employers who will hire them through partnerships with area employers. Education, resume building support and a tailored online job portal. 400,000 within the DOC's budget will establish a new aquaponics program that you just heard about through the sheriff's out in Berkshire.

Guided by the successful program in that Berkshire House of Correction program. We will enrich farm to table culinary arts program and we'll provide rehabilitative programming for inmate wellness. This budget allocates 1 million for the body worn camera pilot program at the DOC. Starting at Souza-Baranowski, the state's only maximum security facility. This initiative will advance transparency and accountability, reduce violence, promote staff and inmates safety and reinforce treatment culture at DOC. Guided by the, the successful body worn cameras roll out of the state police we'll use this pilot to adapt technology to the unique environment of a prison.

House 2 also includes a million dollar expansion to annualized two reentry programs that run within the DOC Facilities. First, the credible messenger pilot program launched earlier this year will provide returning citizens with a unique mentoring opportunity guided by mentors with shared lived experiences in the criminal justice system, participants and their families learn to successfully navigate the transition back into the community upon release from a state correctional facility. As credible messengers each mentor facilitates access to community resources for up to one year after reentry. The program's holistic and restorative approach bridges the gaps between individuals and available support systems leading to more effective life planning and a reduction in reoffending behaviors.

It really mimics what Sheriff Cocchi was talking about providing providing inmates housing, wrap around services in employment. Those are the keys and and and I can't agree with him More with with his, with his statement earlier today. Second this winter, the DOC Implemented a prison entry program with the Academy of Hope. The motivational program provides a 60 day engagement focused on programming and reentry services in anticipation of the individual's return to the community. The Academy of Hope team consists of one program director four staff who work rotating schedules, three of which are ex offenders. In fiscal 22 the Legislature created an independent office of the Ombudsman which reports to the Joint Committee on the Judiciary and the Joint Committee on Public Health.

To protect the health and safety of those living and working within the DOC facilities the ombudsman investigates monitors and reports on the DOC's measures to limit the spread of COVID-19 in their facilities as well as the department's compliance with public safety, public public health safety standards. Its biweekly reports are publicly available on the ombudsman's website. House 2funds the Massachusetts State Police at $443.9 million. A $32 million increase above fiscal 22 GAA. Investments include 14.3 million for the 87th and 88 recruit training troops with 175 recruits in each. Maintaining adequate staffing levels at the State Police enables the department to effectively manage overtime costs while maintaining coverage of mission critical posts and projects.

In February 2022, the Massachusetts Police Accreditation Commission formally awarded the Mass State Police The Distinction of Certification. The Mass State Police is now the largest law enforcement agency in the commonwealth to receive this award. Certification is composed of 159 nationally recognized standards that reflect the best practices and policy operations in facilities. Consistent with the Police Reform Legislation passed in 2020 House 2 includes 1.6 million for the new state police cadet program. The program provides Massachusetts6504 residents, especially candidates from diverse backgrounds with educational and hands on experience as they explorer a6511 career in law enforcement.

3.7 million is included for the continued support of the body worn camera program for all sworn members approximately 2300 dedicated women and men. This funding supports the ongoing data storage and personal costs. Excuse me, personnel costs to administer the system and to respond to record request. The upfront cost of the body worn camera and dashboard cameras and other IT hardware for this program was funded through the capital budget through fiscal 21 and fiscal year 22. For the crime lab House 2 includes 4.8 million to annualize ongoing Phase 2 sexual assault evidence collection kits testing costs.

Partially offset by the remaining stake reserve6556 funding from fiscal year 19. These funds will be used to facilitate the DNA testing of sake pursuant to6565 House Bill 4013 and upload eligible profiles into the state in the national DNA databases. Additionally, this funding allows the lab to hire and train analysts as well as upgrade laboratory equipment needed to maintain its impressive 30 day testing turnaround time. The lab has consistently maintained this turnaround time for testing which is6587 one of the most rapid in the entire country. The Massachusetts Office of the Chief Medical Examiner remains a national leader in its ability to both fulfill its mission and address its large caseload volume.

Under the current leadership OCME has dramatically reduced the turnaround time autopsy reports such that about 90% of them are completed within 90 days. The 90 and 90 benchmark is one of the accreditation criteria set by the National Association of Medical Examiners. OCME also continues to increase the number of cases it accepts and provide and perform more autopsies commensurate with that growing caseload. As always decisions about performing autopsies and other types of reviews are driven by the facts of each case and guided by the expertise of the professionals who work at the office.

NAME awarded OCME full accreditation in 2018 and re accredit the re accredited the agency. in 2021 in a letter sent as part of the agency's re accreditation last year NAME called the function and operation of the OCME exemplary and called the staff capable to address any professional challenge ahead. House 2 funds the the OCME at 23.3 million a $4.5 million increase above fiscal fiscal year 22 GAA. Beyond standard maintenance increases. This includes 2.7 million for new investments primarily in funding for additional medical examiner assistance in new medical examiners which will allow OCME to make significant progress towards the goal of providing 24/7 365 coverage across the state.

Medical examiner assistance support medical examiners during the forensic examination. They respond to death scenes. They transport decedent's to the mortuaries they handle evidence as well as prepare and deliver specimens for lab testing.6701 Portions of Central Western and South East Massachusetts currently lacks staffing to provide adequate scene response coverage in the evenings and overnight. Currently contracted funeral livery bridge this liver liveries bridge this gap in coverage, but that solution is not sustainable as caseloads continue to rise. Technology continues to play an increasing role in supporting the OCME's mission.

In the sandwich area the use of tele pathology services continue to maximize physician resources and minimize the impact of medical examiner shortages. Our postmortem computed tomography scanner is used to assist in determining the types of examinations to be performed autopsy versus external examination. Documenting injuries, conducting radioactive radiographic identification of decedents, responding to mass fatalities, conducting, conducting numerous examinations and dealing with infections infectious disease where there is a possibility of transmitting the infection during autopsy.

As part of the commitment to to improve constituents experience. The office developed and implemented three service portals. A funeral home portal to expedite the release of the scenesfollowing the examination at the OCME, a cremation portal application to streamline the cremation authorization process and enhance accountability, and law enforcement portal will enable6788 state and local police to access the public record data they need to finalize their investigative reports. Massachusetts remains a national leader well positioned to respond to an increase in6800 caseload and thanks to your support for each of these successive budget recommendations.

The Municipal Police Training Committee the MPTC6808 establishes standards and delivers training to more than 23,000 men and women who serve as law enforcement officers throughout Massachusetts. These trainings range6817 from basic uh, these trainings range from basic6820 academy training for new officers to specialized training for civil rights officers designed by every Police department in Massachusetts as well as mandatory annual in service and professional development training for veteran officers. House 2 funds the MPTC at 13.4 million 7.1 million increase above Fy 22. Primarily due to annualizing police costs, police reform costs.

The recommended funding level includes 5.4 million to annualize mandated ongoing deescalation training, school resource officer training, as well as MPTC, operational and and staff to support new training requirements. In response to police reform the MPTC developed the Bridge Academy to, to provide officers with less than full academy training an opportunity to become compliant with one uniform standards of training required by the law. 200. hours training program includes 80 hours of online academic curriculum and 120 hours of live training on defensive tactics, firearms, and6882 emergency vehicle operation.

Currently 860 through 60. Excuse me currently, 863 officers are enrolled in the Bridge Academy Bridge Academies in order to meet their re certification deadline in July of this year. Additionally, to ensure officers meet the uniform standards, MPTC instituted A 2400 hour work requirement. Together additional requirements ensure that all officers exercising traditional police duties and functions have a consistent professional level of training in accordance with the police reform law. The MPTC and EOPS continue working closely with the Independent Peace Officer Standards and Training Commission POSTC to carry out joint duties and responsibilities.

In october of last year, MPTC And POSTC jointly promulgated regulations governing use of force for all commonwealth law enforcement officers. More recently, the MPTC collaborated closely with members of POSTC to develop a law enforcement officer certification standards for new academy graduates and veteran officers up to research up for recertification beginning beginning this year. The MPTC and my office continue to work closely and cooperatively with the POSTC and as we work to fully implement the Police Reform Law.

House 2 funds the Executive Office of Public Safety and Security of 47.4 million a 7.8 million increase above fy 22. It maintains it remains, it maintains $12.3 million for Shannon Grants $1.5 million for nonprofit security grants and 850,000 for the Boston Regional Intelligence Center. The budget adds 375000 to annualize four full time employees associated with police reform 450,000 for a paid internship program to create a diverse talented pipeline for EOPS7000 agency staff. We're particularly excited about the internship program because it7006 will provide Massachusetts college students with real world experience and a clear path to public service with EOPS or one of our other secretariats.

Fiscal 23 H2 also recommends a new $1 million line item to support the critical expansion of law enforcement efforts specifically additional staff, new partnerships and more training. EOPS will establish a grant program to expand upon the success of the human, the human trafficking pilot programs in Worcester and Hampden Counties District Attorney's office. Through successful investigations of prosecution as7043 well as build upon community relationships and municipal law enforcement capacity to work on anti human trafficking cases. The Department of Criminal Justice Information Services, DCJIS manages and administers the commonwealth law enforcement, information and criminal record systems.

The Firearm Records Bureau and the Post Conviction Victim Notification Program. House 2 funds funds DCJIS at 5.2. Uh Excuse me. $5.9 million a $231,000 increase above fy 22. in 21 20. Excuse me. In 2021 DCJIS processed uh over a million quarry requests a 25% increase year over year. Revenue from firearm licences. issuances and the CORI fees increased increased to $15.8 million. That's a 20% increase year over7098 year. As part of this commitment. As part of its commitment to the commonwealth's future of work initiative DCJIS relinquished their 3400 square foot uh in in the MIT. Excuse me in the uh MITC Building migrated all its staff to a hybrid work model and ensured continuity of services with no interruption for constituents.

The Massachusetts Sex Offender Registry Board SORB promotes a public safety by educating informing the public. To prevent further victimization, SORB registers and classifies convicted sex offenders according to their risk of re offence and the degree of danger they pose. There are currently over 10,000 sex offenders registered with SORB. We're pleased to welcome Megan7147 Mclaughlin as our new SORB Chair. Chair Mclaughlin, who most recently served as the SORB's general7152 counsel, is a veteran prosecutor with extensive procedural and investigative experience, serving as chief of the major crimes division for the state Attorney general's office and as an assistant in the District Attorney's office in Middlesex prosecuting crimes against Children.

We look forward to her continued work that SORB and we're grateful for ongoing contributions to this crucial public safety position. House 2 funds SORB at $6.3 million. A $659,000 increase over fiscal year 2022. The Department of Fire Services DFS is responsible for fire training for firefighters in all cities, towns and fire districts, certification of firefighters a specialized fee based training to certain private sector groups such as gas and utility workers. They're are also responsible for coordinating regional hazardous material response teams throughout the state and for fire7207 safety, which includes7209 education investigation, regulation, inspection, code enforcement and technical assistance for fire departments the public and regulated trades and industry.

House 2 funds DFS at 34.8 million. That's a $557,000 increase above fy 22. The the fiscal year 22 funding level supports 378,000 to increase7230 firefighter training, classes sizes and 48,000 to develop and deliver a new structural collapse course. The Department7238 of Fire Services, excuse me, the DFS fire firefighters safety equipment grant program helps local7246 fire departments purchase gear that protects them as they protect their communities. Eligible items include the tools they need that they use to fight fires, conduct rescues, as well as new turnout gear and the equipment to wash and dry that gear properly, which can help reduce the risk of occupational cancer.

The Student Awareness of Fire Education or SAFE program funds statewide age appropriate and effective fire safety education for school aged kids and has correlated with a decrease of nearly 80% in child fatalities since its inception in 1995. More recently, Senior SAFE grants program has delivered resources to protect seniors through home visits, smoke and carbon monoxide alarm installations and fire safety presentations led by firefighters and service providers. Firefighters face increased risk of being diagnosed with cancer, finding later stage cancer, dying of cancer and developing it at a younger age . To address this DFS has developed a robust prevention and early detection program that has been called a7318 model for other states to follow.

It includes an awareness course that's taught to recruits and veterans through the Massachusetts Firefighting Academy. Partnerships to conduct free skin and oral cancer screenings at local departments and free chest CT Scans and PSA blood tests for eligible firefighters. The Military Division of the commonwealth support the planning and development and execution of military forces of the commonwealth, which includes the Massachusetts Army and Air National Guard. This agency supports the mobilization and demobilization of personnel for the use in National defense, Homeland Security as well as defense and domestic emergencies within the commonwealth when activated by the governor. This past year has been7361 one of the highest number of activations since the Civil War.

House 2 funds excuse me, House 2 funds the Military Division at $25.5 million an $818,000 increase above fy 22. It includes an outside section to increase the National Guard, death or disability compensation from 100,000 to 200,000 as well as it makes additional changes to the benefit that the benefit including allowing surviving siblings to collect in the absence of a surviving spouse or parent. The Massachusetts Emergency Medical Agency MEMA plays an essential role to ensure the state is prepared to withstand respond to and recover from all types of emergencies and disasters.

The agency continues to work closely with federal state and local partners supporting the commonwealth's response to COVID-19 including by leading the state's FEMA public assistance submission process. Today, MEMA has overseen the identification of 2 billion in potential reimbursable Covid spending And has submitted a $1.2 billion of that to FEMA. We also are pleased to introduce Dawn Brantley to the committee as MEMA's newly appointed acting director. Acting director Brantley previously served as MEMA's Assistant director of planning and preparedness and held leadership positions in several other states.

We deeply appreciate Dawn's leadership and we continue which continues to advance MEMA's reputation as a national leader. Drawing on a tremendous experience in emergency management, she serves as the co chair of the National Emergency Management Association Diversity and Equity Committee. The focus of the Diversity and Equity7468 Committee is to identify opportunities to advance diversity and inclusion in the workforce and to ensure equity and accessibility of emergency management policies and programs. House 2 funds MEMA at $4.6 million a $554,000 increase above fy 22 GAA. And it includes deficiency spending language to facilities to facilitate disaster response. The Parole Board remains committed to fulfilling its mission to the public victims, inmates parolees and petitioners throughout the commonwealth.

With jurisdiction including all individuals committed to state or county penal institutions for terms of 60 days or more the board conducts face to face parole release hearings, supervises parolees in the community providing notice and assistance to the victims and providing reentry services to the individuals leaving custody. Every parole decision balances public safety with desire to provide offenders with a supervised conditional release to the community. Ultimately, the board uses every tool in its at its disposal to ensure a successful transition from the confinement to discharge from parole services as a foundation for continued responsible conduct.

House 2 funds parole at 21.6 million a $706,000 increase above Fy 22. It also concludes an outside section proposing to eliminate parole and probation fees. This goes beyond the 2018 Criminal Justice Reform Legislation, which eliminated fees for individuals on supervision for less than a year. This important initiative will remove undue financial burden on returning citizens and support a successful re entry to the community.

I'd like to thank the members of the committee for your attention today and for your consideration of our request in the days ahead. The proposals put forward reflect the administration's commitment to public safety and the responsible stewardship of the taxpayers resources. Public safety needs to7601 continue to evolve with the gradual return to normalcy in the special large events that the commonwealth will be taking on in the coming year. Beyond the signature events such as the Big E, the 4th of July the Topsfield Fair, the Second Boston Marathon this year. Massachusetts will host will also host the 122nd US open at the country club in Brookline.

Simply put these special7629 events cannot happen without your7631 support of the dedicated women and men engaged in the daily work of public safety. The effectiveness of their work and in crime prevention, criminal justice, homeland security and emergency preparedness depends on the programs outlined in this budget. And I also want to take just a brief moment just to highlight or just to recognize the staff here at EOPS and the staff at all the agencies. In a tough two years of dealing with a number of emergencies in the transition from Secretary Turco they have been immense support for me personally and professionally and I just want to take a moment just to recognize all of them they do a day in and day out 24/7.

And with that I want to thank you for my for your attention in my team and I welcome questions, I do have representatives from all my agencies that can help better answer any questions that you may have and before I turn it back to you Chairman, excuse me, Chairman, Chairman Moore and7693 Chairman Williams I just want to highlight something that uh that you brought up Chairman Williams with Attorney General Healey in regards to firearms and human trafficking. I can't share more, I can't share both your perspective and the AG's perspective more on having to deal with firearm violence in our communities and human trafficking

And there are a number of initiatives in our proposal on the firearm issue in our state that I think will help the safe neighborhood initiative plan as well as as well as some some Byrne Jag funds that we hopefully will be releasing shortly in order to get those funds into the7740 communities before the summer, because I agree with you the summer changes things with violence. We saw it last year when Mayor Sarno in Springfield asked for the Governor's help and the state Police help with a7752 number of law enforcement initiatives in Springfield, Chicopee and Agawam.

And in partnership with the State Police, they took on the challenge of dealing with firearm violence and major offenders in those communities. And with those resources and with that collaboration, we were able to curtail the shootings as well as the murders in those communities. That collaboration that cooperation also extended to the Boston Police Department, Youth Violence Strikeforce, in conjunction with the State Police working on firearm related firearm related seizures investigations. We also,7790 the State Police also helped in Lawrence at their request in Taunton. Um Our plan this year is to extend those is to fund those programs again in those communities and also to expand those communities to deal with violent offenders who use firearms to create harm.

In addition with Jag funds, I anticipate shortly being able to7813 announce to the district attorneys, about $1 million that will go to each individual DA who wants to apply for funds to combat urban violence, firearm violence. Half of the funds will be about $100,000 for each DA's office. Half of the funds will be law enforcement because the other half would be going back to community reinvestment programs. Giving kids this summer positive alternatives than street life. We know you can't do, it is7843 an old saying you can't arrest your way out of a problem. That's been my career, working with communities during the law enforcement, but also having the ability to give positive community based alternatives to young people who will face day to day violence and risk in our communities.

In addition to that $1 million, we have about $300 million for municipalities to focus on gun crime as well as positive alternatives. So there is funding, we can't do7877 this alone, we need funding and I think we have some funds that can get to the communities in a relatively quick amount of time to build on successes that we've seen in Massachusetts in the past. In regards to human trafficking Chair, Williams Um the state, just recently committee completed a NACK survey, self assessment of of human trafficking efforts in the state, not just on the law enforcement end, but also on the community end.

And there is a tremendous, tremendous level of coordination, cooperation and collaboration in the human trafficking field with attorney general Healey, Uh Governor Baker and especially7921 lieutenant governor Polito. She has been a driving force of bringing people together and we have been meeting for over a couple of years now putting into place reforms, outreach support and prosecution in the human trafficking area. Um it's been referenced in the past about two successful pilots in in Worcester County and in Hampton County. And and without7947 the collaboration with district Attorney Gulluni and District Attorney Early the state police High Risk Risk Victim Unit wouldn't be as successful as it is now.

That's a dedicated unit focusing on human trafficking in this state. We embedded them in those two DA's Office to access victim witness advocates, prosecutors, community groups, survivor groups. And that unit has been has been doing a tremendous job so much so that in this budget we want to expand those services throughout the state. We we we are proposing $1 million to expand those, those priority pilots. Um there is a collaboration amongst the AG's Office, the administration especially health and human services and community groups uh that really really go to the heart of this.

And the feedback we got from our from our self assessment from from from from the federal government is that we are a leader in this area and it and it doesn't happen by accident it happens because so many people are invested recognized the problem and have been cutting through silos and working together. Ao and I know how important that is to you chair Williams so we can talk offline, I can give you some more details but there is a tremendous, tremendous a lot of really positive things going on in this state because people are talking and working together. So with that I I turn it back to you,8033 I'm sorry for the length of my statement but I look forward to uh I look forward to the continuing this conversation. Thank you

WILLIAMS - I thank you Mr secretary and the secretary Turco left you came in and didn't miss a beat. I want to thank you. There are several questions, I have some questions before I turn it over to the rest of the panel. And we want to thank you for what you folks have done for the 413 especially for8061 Springfield, you and Colonel Mason Fire Marshall. You folks have always and Pat, I see Pat is working with you now, I believe. You folks have always at my beckoning calling in the in the delegation, You've been a wonderful partner. The first question is the House 2 budget includes a 211% increase to your department. Operating budget is primary driven by a document digitalization initiative, can you explain the major cost drivers for the document digital initiation.

REIDY - I'm going to turn uh that that question over to my CFO Emi Joy who is on this call and uh and and Emi has been a a leader for us in our budgeting but let me turn it over to any right now.

EMI JOY - EOPS - Thank you Secretary. Just wanted to share that this is sort of an executive secretariat wide initiative. Um we are sort of living in the past in the executive branch, relying heavily on paper records that are no longer conducive as we move to a hybrid work environment. So we are looking to go through our backlog sometimes reinforce old storage rooms of files and to the extent that it is allowable within existing public records law, digitized files. So in our executive office budget $5.4 million was plugged for that purpose. ANF came up with those estimates and took a sort of across the board approach with all secretariat based on FTE size.

WILLIAMS - Okay, thank you mr Secretary. Before I let you go to get to the other the departments in terms of any traffic safety grants can be available as we know, good weather has started, our department took about 25 dirt bikes off the street over over the, over the weekend. And you know, we had many homicides, vehicle homicides in Springfield on our on our on our main streets.

REIDY - No, thank thank you for that question. Chair Williams And I know we've personally talked and you've been a leader out in the Springfield area with the spike in uh motor vehicle issues in Springfield. And and I know Colonel Mason's on the call and he did a tremendous job of uh of getting support out there when you and and Chairman Gonzalez needed to help and Mayor Sarno. Um, Kevin Stan from our grants and research can highlight what we've talked about in the past in regards to vehicle safety and some of the grants that are coming online and that some of them are out there right now. But let me turn it over to Kevin Stan who is our Director of grants and research.

KEVIN STANTON - EOPS - Thank you. Secretary. We will be releasing probably today over $5 million for state public safety agencies to compete for traffic safety purposes. So organizations like the Municipal Police Training Committee and State Police and others will be able to apply for those that deal with a whole host array of issues related traffic safety enforcement, impaired driving and things of that nature.

Within a couple of weeks we also plan on releasing another 5 million, give or take uh federal grant dollars for local cities and towns to apply uh also for traffic safety issues to address anything from enforcement, um you know, to reduced speeding impaired driving To8280 prevention programs, um funding community-based services, things like that. So there will be funding coming out for communities and we anticipate awarding out approximately 150 or so cities and towns with that local money. So we will be having lots of resources coming out shortly at the state and local level.

REIDY - Thanks Kevin and Chair Williams if I could just turn it over to Colonel Mason for a moment. Just to highlight the initiative that we, that we work together on in Springfield because I suspect there may be similar issues throughout the state in regards to the accidents as well as pedestrian fatalities. And you hit on it a point as well in your remarks, the issues of dirt bikes because we know, um, but that's not just the Springfield issue, it's an issue throughout the state and it's a national issue. And that's highlighted by that awful scene that I think many people saw in Boston where a senior citizen uh was jumped.

And that's something that we talked about with with, with, with the team8342 out and uh, the team8344 out in Springfield8345 and Commissioner Clapprood. But if I could just turn it over to Colonel Mason briefly, to highlight what the request from, from, from the team in Springfield was and the State Police were able to uh work in conjunction with our partners in Springfield and the Springfield Police Department.

CHRISTOPHER MASON - MSP - Thank you secretary. So we've worked with the Springfield Police Department on a number of fronts. Let me first touch on the motor vehicle homicide assistance. So, within the city of Springfield, there are a number of routes of travel that are state roads um. in the past five years are collision accident reconstruction section has responded to 11 fatal crashes within the city of uh, Springfield. In addition to that we assist Springfield Police Department when needed with our collision and accident reconstruction section providing them with technical assistance and resources when needed. Um, we also are in the city to do kind of high visibility patrols to ensure that you know, police are seen uh, and try to minimize and mitigate the pedestrian accidents and the accidents, motor vehicle accidents and crashes that occur within the city.

Additionally this past summer we were able to work with EOPS and with Springfield, with Springfield Chicopee and Holyoke on a summer initiative out there. Um, so where we really started to focus on gun crime and that turned out to be a very successful program. So we were out there for a number of weeks, we were targeting prolific offenders, high impact players within the community that have a reputation and a history of gun violence. We were able to seize a number of firearms we were able to really, I think make a dent in that. I say that with confidence because the numbers um were pushed down.

So we really saw um not only anecdotal evidence but also, you know, data driven evidence that we were having an impact within those neighborhoods. And so the success of that led us to assist Taunton and Lawrence and then of course we are always embedded with the Boston Youth Violence Strikeforce where we have very good results there trying to get firearms off the street before uh, these nonfatal or fatal shootings can occur. So we're looking to replicate that. Looking to work with EOPS this upcoming summer. The summer month's began, we would like to be in8491 the opposition used last year's initiatives as a template for this year and move8496 forward and and hopefully have some enjoy some of the same success.

And then the last thing I'll add is uh, the State Police is you has a unique resource and that is our air wing. And so we're able to provide our air wing to assist local departments particularly8520 with the, the difficult issue of enforcing these off road vehicles, motorcycles that can congregate within urban areas and and run across these roads frequently. Those types of vehicles these are not engaged with the pursuit just8534 because the dangers outweigh the risks of the pursuit. The air wing can safely track those vehicles, identify the gathering spots, the storage spots for these vehicles for follow up investigation. In fact, we were just in Springfield over the weekend assisting, the Springfield Police Department effectively back the air wings in a position to observe a non-dirt bike related pursuit within the city and was able to guide the officers and they were able to make effect an arrest in a, in a much safer way than they traditionally could.

WILLIAMS - Also uh Colonel uh, there's a 151% increase for new state police classes in House 2 fy 23. How8579 much do these new classes cost and how many officers are there in each class?

REIDY - Rep Williams the the the staffing needs of the state police are real. Their mandate has has greatly expanded. We've seen it during during Covid and I know the colonel will highlight some of the additional requests communities throughout the state have asked for. Um so it's imperative that their their staffing uh needs are met. We're also losing a number of of of state troopers to attrition and as they start getting into a retirement age. Um but let me let me turn it back to the colonel and he can highlight his specific needs at the state police. And and Colonel if I could just ask8622 you to highlight some of the requests that have increased and how you have been able to support all of these requests uh that have been increased in the last couple of years.

MASON - Yes sir. - Yes sir. So sir to your question um $58,673 that's the cost we associate with the training of a trainee. So that's taken from a day one to graduation day. And we're looking to increase This next class which will be the 87th RTT from 100 to 175. And then in the 88th we are asking for a class of 175. As the secretary alluded to we uh if you look back at our history in the early 90s. So 92 93 94 We did a significant amount of hiring and and all those classes are now at you know 30 29 28 years on the job. So they're all hitting the natural attrition age. And so we are projecting that we will see significant attrition from the state police within the next couple of years.

So we're looking to really backfill that uh projected attrition with these these classes. The classes are important because for for a number of reasons. Um and as the Secretary alluded to we provide quite a bit of assistance to our local local and federal partners. So on the local level we do a great deal of work out in the western part of the state we are the primary the only law enforcement in a number of communities um Out in both B Troop and C Troop. We do a lot of work with the communities where we fill their partial shifts. They may not have an eve shift an overnight a mid shift and the state police absorbs that. Um And we provide those services to them.

Additionally the state police has the capacity and the ability to surge resources. So when large events occur um just over the weekend um the Holyoke road race and parade. Perfect example. So for the road race they needed an additional 25 officers. Holyoke to manage that event. And then for the parade they need an additional 45 troopers. And so8761 we're able to surge resources to them um and provide them with the troopers that can provide for a safe event.

Um We have the security and law enforcement in place to ensure that that that event is can be safely held um and the traffic can be managed. Uh8777 So you know that's one of the great prides I take in this job is our ability to assist those local departments. And then above and beyond that we also assist the federal Department DEA. ATF HSI all through assigning officers there through the task force.

Okay the other question deals with the state police uh The crime lab House 2 include a 29% increase in state police crime lab funding In large part to accommodate Phase 2 testing of sexual assault evidence kits. Has phase 1 been completed? First question part two. How long do you anticipate phase 2 to take?

REIDY - Phase 1 is is completed. Phase 2 is dependent upon Survivor outreach. Um so the lab is reviewed all the quantity of Phase 2 SAFE kits. It's those individual SAFE kits have been sent to the respective DA's Offices who are going through the process of reviewing each SAFE kit to determine whether or not they should be tested. That that's a really difficult hard task going through them. So it does take some time but I know the DA's Officers are going through them In a in an appropriate amount of time. I believe we have about 1100 responses back and about 400 SAFE Kits have been sent out to to for for outside testing. But that's an on ongoing process.

And and just to highlight the difficulty it's not as easy for a respected prosecutor just to say look look at some paper and say I want this tested. I'm sending it back to the lab to send out to for outside testing. We actually got a letter um this week which was heartbreaking um where a survivor reached out to our office and was extremely upset about just receiving the letter to give notice that there's a potential to have her SAFE Kit reviewed for DNA. And it was it was heartbreaking what she wrote in the letter and what she felt about the sake it being tested.

Now I I know that's not the story for all survivors. Um But it really highlighted for me and my staff of how hard this is and what a tough job the DA's Have in doing the outreach. That being said the crime lab is doing a tremendous job with the resources they have of reviewing the kits that come back from the DA's Office that the DA's want tested. And I think we're hopefully we're going to be averaging about 200 kits at minimum going out per month. And as the as the additional responses come back from the DA's Office that that that is the flow. But I know I know um the lab is on this call and and they're they're doing a tremendous job but I hope that answers your question. Chair Williams.

WILLIAMS - Thank you. I got two More then I'm going to turn over to the panel. The first is to the parole board, how would House 2 propose parole fee elimination affect the Parole8979 Board. And what do you estimate eliminating these fees would cost?

REIDY - Under secretary Andy Peck has has been a big driving force within my agency uh and and getting rid of these fees. Working working with uh Chair Maroni.8992 Uh If you don't mind I'm going to have him talk to you right now about those fees and how important they are and how they factor into um um um kind of taking a financial burden away from people as they re enter society. But here's undersecretary Peck.

ANDREW PECK - EOPS - Good afternoon. The the impact would be about $200,000. Um Prior to CJRA um where the first year was eliminated as part of CJRA. We're looking at about $800,000. So since then the yearly collections were around $200,000. Those9031 $200,000 went back to the General Fund. Um they were not used for any type of inmate benefit. I'm sorry um parole benefits treatment programs or rehabilitation, the Parole Board never saw the fees.

Additionally um it takes the supervising parole officer out of the bill collecting business, so to speak, where most of the contact that they have can then be focused on uh you know individual needs of the people they are working with. Um and then you know, it's also uh it was an $80 a month fee and that was a substantial burden for a lot of folks who you know are trying to uh you know pay their rent, provide for their families buy groceries and things like that. Um so I think we have eliminated um a pretty substantial obstacle and created an additional pathway for success.

WILLIAMS - I think uh rep Andy Vargas I think he chaired that Parole Committee. I was a probation officer9095 when probation fees first9097 came out before parole fees and it's9100 all I felt it was always a burden to the, to the offender. There was undue burden but it's it's it's great. My last question is the Department of Corrections Secretary Reidy.

REIDY - Yes, I'm here.

WILLIAMS - The Mass Alcohol and Substance Abuse Center line item was increased by 1.5 million. This was this boost in funding for additional beds or for other additional purposes.

REIDY - Thank you for the question chair. Um Commissioner Mici wasn't able to join us9135 today but Deputy Commissioner Tom Preston is here on the call and he has the details for, for you on that, on that question. Tom.

TOM PRESTON DOC - Good day all. Basically, that was to realign the salaries that we have been absorbing in our mainline for MASSAC. Um as we all know, that was turned over um to Well Path to handle the, the security part of that and we removed all security staff from there and the budget for that was not adequately um you know, appropriate. And we had to increase it to offset what we were increased what we were taking out of our mainline to to keep it running.

WILLIAMS - So that was the salaries basically?

PRESTON - Yes.

WILLIAMS - Okay then the second part of that question, are there any specific program initiatives that drove the 41% increase to DLC's reentry program9193 line item? The reentry program.

PRESTON - The reentry program it's been looked and they've added programs like the Academy of Hope that we're looking at the Credible Messengers and that has uh that's increased it to help, you know, with recidivism and educating people as they come in with the Academy of Hope it's a great program. It allows people to um basically um acclimate themselves in a better way and understand why they are there um and how they9218 can get through it and make a positive change with it. Um and that recently went into effect this year. Um the additional part with the Credible Messengers starting over the winter helping those folks as they released um you know, acclimating themselves as well. So that those increases were needed to get these programs going.

REIDY - Chair Williams there's a like a deep, there's a deep connection for me um with reentry programs. When I was in Suffolk County, I was part of those programs, I was in Worcester County, DA's office, we partnered with um Sheriff Evangelidis District Attorney Early, US Attorney Ortiz and we created a reentry panel. So if you see what some of our initiatives are, they work pre entry, trying to keep people out of the system, giving support services while they're inside the DOC. Just like the house of correction, the sheriffs are doing that. That Sheriff, Cocchi and and the other sheriffs on the call, identified as a key key function of theirs of preparing these individuals as they get out not to come back and to be successful when they get out.

There is a law enforcement component because we all know there are certain individuals who are violent and dangerous and are harming our communities. Um there's an outreach community9305 component that's all, all reflective in in our budget request where you, you need to have outreach on positive alternatives uh for for for for the community and you need to partner with the community, you need to partner with agencies in the community. Those are, those are all interrelated, which I think sometimes people forget. But9323 when they're working well, which I would suggest9326 to you in Massachusetts, we're doing a pretty good job when you're looking at.

The crime rates go down the inmate population go down and the huge investment in reentry programs. And one aspect I'd like to highlight, just to go back to what we're talking about, working with DA's office with the law enforcement aspect of this as well as the community aspect. And and some of the funding is gone on the, on the federal level. And that's why we want to kind of fill that void because they think if you're keeping people safe in the community, everyone's gonna do better. I I know that's common sense.

But when I, when I was in the Worcester DA's office working for Joe Early in 2008 the feds have, had had $100,000 grant program that we applied for and we won. 50% of it was for for law enforcement and the other 50% was for community outreach. The law enforcement uh aspect of the grant, we used to do Operation Night Light, which started in Suffolk County and Dorchester District Court and it spread throughout the state. But had never been done in in Worcester Superior Court. We did it with9392 Superior Court probation officers getting out into the community, partnering with the Worcester Police, partnering with the State Police.

Um that had never been done before huge, huge benefits, successful program. With the funding for outreach uh Joe partnered with Holy Cross and we ran basketball camps and we did some other initiatives. It may seem small little things and but what what came of it the summer of 2008 in Worcester a city of that size we started these initiatives in the spring before it got really warm. There wasn't one person shot in in the in the summer of 2008 in the city of Worcester because we had people working together that people talking and we had funding. And we had some really good ideas that we stole from Suffolk County in a sense with with with a lot of admiration.

We didn't reinvent the wheel and when I took over after Secretary Turco left, that's what I want to do. That's what I want to do this summer. And I know there's a lot of complicated issues that we have to discuss and there's things that EOPS and the agencies have to improve. But at the end of the day, if we have the funding and we have the right people in the room we can do a lot.9468 And I know that I don't want to be overdramatic, but I know these programs work. I know they worked in Springfield. I know Chairman Moore knows how they worked in Worcester.

Um so that's why I just can't, I can't over emphasize it enough that we're in a9489 really good place where crime right now. That can change in a heartbeat because there are signals that things could change but with your with with with with the support of the9498 of the legislature with some of these fundings with the right people man, we can do9505 a lot. And um and and and I know time is tough right now as far as for the city. If people do get more9513 information, please reach out to Brian Merrick, I can I can get more details

I know there's more questions and and the9520 time is short but we will answer anyone's questions if you don't get a chance to ask him here. But I'm really it's really near and dear to my heart, dealing with community violence and doing community outreach and reentry. That's the pathway to keep people safe in this state. And I know there are a number of DAs on this call who share my perspective 100%. But thank you and I'm sorry to kind of go off on a tangent, but I'm I'm prepared for additional questions.

SHOW NON-ESSENTIAL DIALOGUE

REP ELGUARDO - It's really good to see you again. Secretary Reidy and you know that I have had a great time working with Secretary Turco and undersecretary Peck Commissioner Mici. I'm really look forward to tapping into your vision as well. Quick shout out and hi to Emi Joy, good to see you. It was great meeting you very recently. And to lieutenant colonel as well. The state police tour, I got like transformed my transform my understanding of what's possible because the state police are able to do so much with trainings and when we come in with anti racism, when we come in with uplift when we come in with job readiness and professional development.

Um I think the state police has been and continue to be a model for what I think we can keep doing9613 to transform but also do more of in other parts of9617 law enforcement. Uh you know that I am the House chair of the DOC Structural Racism Commission and before that of course I was working very closely with undersecretary Peck and continue to on issues of culture shift involving9634 anti racism but even just broadly involving um involving prisoner wellness. And really excited when I first met Commissioner Mici. And she said and has said many times since the punishment is the loss of freedom.

You should not experience9651 your life in incarceration as a compounded punishment. And as we know when that is the case and it is still the case from centuries of history that we cannot change in the single nights, but when that is the case, people are harmed and they come out worse than they go in more often than not. And so I've been very deeply appreciative of your administration's commitment to reversing that wrong. Uh Not only for BIPOC individuals but for all incarcerated folks. That said, we know especially as legislators um the real problem uh comes when the public trust doesn't match or understand what you're trying to do internally.

And so I have a few questions about this because you know, I've I've gone out on a limb and gotten behind you guys for certain types of programming, like what you've mentioned today. And I will do it again.9703 But I need to be able to demonstrate better than I have been able to what you're doing with that money. And not just because you say, but on paper. And so I'm really looking forward to seeing the results of9718 the funding the DOC. Um and HOC Funding Commission. Uh And that's gonna really drive some of the recommendations we make coming out of the other the other commissions.

But I want to start out with something that I think honestly it's a bit of a softball because I know I know there's good news here. Um but but I do want I do want the listeners in the public to know when we talk about reentry and you and you spoke about the Credible Messengers Programming. Uh and I know that undersecretary Peck has worked very hard on that. We've talked about it a lot and I've been with him as we've talked with incarcerated individuals about it as well. What is the demand for that?

What does it look like? And are you able to find leaders who are BIPOC leaders to run that programming? Not just the credible messengers themselves, but the people that are supervising them. Because as some of my next questions will point out the way that9784 the staff looks, the way that the leadership looks can really control the degree to which incarcerated individuals are understood9793 and and trust and participate in and grow from the program.

REIDY - Thanks Representative. And again, I9799 want to thank you for for for all your comments and your support and and and look forward to our continued uh, relationship in the future. Um, I come from a mixed race background. All right. So I know exactly what you're talking about. That's how I am leading. EOPS it's on the forefront of my mind and I'm trying to make steps and sometimes it takes a little longer. But that mission doesn't change and I'm going to continue to work at it. I think many people on the call may not know what the Credible Messenger Program is and it's the first steps in in in expanding that program and and we do need funding for it.

Um, but I think when you see someone that looks more reflective of yourself in any environment, but especially in an incarceration setting where you're trying to help an individual having someone that's gone through what that particular inmate has gone through in the past and has found a viable route to success is really important. So what I'm gonna do is I'm going to turn it over to Andy just to give kind of a little bit more of a summary of the of of what the Credible Messenger Program is and then explain how we're going to expand it and how we're going9894 to continue to expand it through a diversified lens. But let me turn it over to Andy right now.

PECK - Um thank you rep. Um before I begin, I mean I would like to say that that a lot of the accomplishments um that we've had in the past couple of years have been directly related to our work together and that of the Black9917 and Latino Caucus. A lot of that success9921 wouldn't be successful without the support of the Black and Latino caucus. So I would like to thank you all of you collectively. Um The Credible Messenger Program um is a pilot right now that's run um in Souza-Baranowski, MCI Shirley. And MCI Framingham. We have four credible messengers.

We're looking to expand to six shortly but three of the four um are diverse.9948 Three of the four have all served time in our facilities. Um we have conducted over 361 personal contacts. We have 56 active clients um in the community right now that we work with. The program started in um August of 21. We did about eight to 12 weeks onboarding um with the credible messengers. The town9981 hall started in In November of 21. We stopped the town halls in January February because of the Omicron spike. Um but the the credible messengers go in um and Target Folks 120 to 150 days prior to9999 release.

Um and it's a10002 voluntary program. We will take anyone um10004 regardless if they're on supervision or they're straight10006 released to10008 the community will take all types of folks regardless of offense. Um and we10016 we begin to address um their individual10020 needs. The program is driven essentially by the client and the client's needs. Um and we're trying to kind of change the dynamic in a sense10033 as opposed to um the10034 credible messenger in a very real sense, kind of10039 works for10040 the client as opposed to, you know, telling them what they need to do what their needs are and10044 things like that. So they kind of helped drive the actual um program or what their involvement is.

10054 And again, it's 100% voluntary. So we work on prerelease planning, identifying10059 needs in the community. The credible messengers will go into the community and help address some of those10065 if they can. Um they work on10067 transitional planning. So, you know, kind of everything from right up to the10071 threshold and then out10073 into the10074 community. Um10075 They work on addressing10076 housing issues, connecting10077 to10077 behavioral health services and other10080 support services in the community. Um10084 we're working on addressing family issues.10088 Um Most of our10090 services um you know directly focus on the10092 individual as10093 they should but not much of it ever is focused on the actual family that's receiving that person home.

So that's10101 a pretty significant change as well for the family. Um10104 You know, there's probably harms caused10106 either through the offense or through the10108 incarceration that need10109 to be addressed.10110 Um You know, there's another person coming into10113 the home it changes the dynamics of the home. So we're really trying to work with10117 the families on what that looks like and how10125 to10125 process through that. Um we10130 have the was it just10132 credible messenger? Okay. because the10134 Academy of Hope um the individual who the executive Director of the Academy of Hope Um is10141 a formerly incarcerated inmate here as well.10143

A diverse individual. He served 19 years in the Department of Corrections.10148 He's10148 left um and10150 created a lot10151 of um he's a successful businessman and the Academy Hope10154 is now in the Department of Corrections in10157 South Carolina. Uh And the commissioner10158 has stayed in touch with him over the years and invited him up to launch the Academy of Hope um in10167 a number of our different facilities. Um so I don't know if that helps address some of your10174 questions.

SHOW NON-ESSENTIAL DIALOGUE

REIDY10176 -10176 Oh sorry. Representative. One thing I also want to add, not just10180 in the DOC but the larger at the larger concerns of having a diverse workforce is one of my priorities in that10188 that's part of10191 the budget request is for10194 a, an internship program pathways. Um, I started my career um because I got10198 an internship. I10199 knew nothing about District Attorney's officers, policing or anything, but someone opened the10202 door for me and I got an10204 internship. So when I took over, I10206 met with10207 the team and I wanted to have an internship program that would help diversify the Executive Office of Public10219 Safety and all its agencies. Gender, racial economic diversity.

And I got to tell you10222 the response I got10224 from my agency heads and10226 the agency has been overwhelming. So there is a, there there is a request10233 for $650,000 in our budget request where these internship programs would be10237 funded. Because I also knew as, as a10240 young college, as a young law10242 student, I didn't, I needed to work, I needed money. And that's a, that's a huge barrier10246 for a10247 lot of, a lot of young students trying to do internship programs and trying to uh, you know, earn a wage. So it's something that's very near and dear to my heart because that's how I started. And I think it's a way with my team which is10263 um, the heads of it are extremely diverse and it's going to come right10269 through10269 me as well.

That we can, that we can open doors to a number of individuals10277 who are students, residents of10279 Massachusetts, who are either students at community colleges colleges10283 or law schools in Massachusetts or out and get them in the door10287 to see what they want10288 to do inside of10289 the Executive Office of Public Safety because we do have a wide variety of agencies to do a wide10294 variety of things10295 that I got to be honest with when I started as an undersecretary, I had no idea. So I think my idea has been to10307 tap into a pool of students, give them an opportunity, give10313 them exposure10314 and support and hopefully light a fire under them to want to be in this business.10320

And I know10321 that's not a short term solution, but10323 it is an avenue to10324 a solution to help diversify the Executive10327 Office of Public Safety and all the10331 agencies. And to date10332 um, I think we10335 have about 450 applications from students that10337 will be reviewed by a panel uh, at the10340 Executive10340 Office of Public Safety. So I say a small way,10343 but it's actually10344 a big way.10345 I'm hoping that we're10346 going to be able to, to, to, to give10349 opportunities to individuals that may not have10351 ever even thought about public safety10353 and what a10354 great career it can be. But I got10356 to tell you the response from all my agency heads and their and10360 their staff has been amazing.

And I think that if we're able to fund that, that is going to be a really, really positive program10368 that's10368 going to help Massachusetts in the10370 long run.10371 And10372 I can tell you that10374 a number of the secretaries uh in the administration have contacted us and really like what we're, what we're doing. So I10381 know it may not just help the DOC. But I10386 think it can help all of my10389 agencies getting10390 a getting a group of young10392 energetic students to open their eyes and to bring their perspective10397 into the agencies under my under my direction.

ELGUARDO - Sure. Thank you10401 Secretary. So, um, I am, I am very excited about, we10404 have some presentations at the Black and Latino Caucus, uh, you know that there supporters of the internship, uh just to ask my colleagues patients, I have four questions that get, that get subsequently10417 harder than that one. Okay,10419 So I wanted10420 to have that. Sorry. But um, the first great10423 on the intern and how about at the top? So who's running the Credible Messengers Program10428 from the DOC side,10429 whose internal on the DOC. Who's working with the10433 ED Of of the what's10437 it called Advancing Hope or?

REIDY - Academy of Hope.

ELGUARDO - Are10441 these people people10443 of color And and and and I know from not only my work10449 on this commission but also from conversations. I10451 always speak10452 with CEOs I try to speak with staff. I10455 speak with administrators every time10458 I go in, not just with incarcerated individuals10463 and BIPOC staff really struggle with racism10465 as well. They struggle. Uh, not in every department, not in, not even in every facility,10471 but there are places where BIPOC staff, they would not even10478 come forward. I had10480 probably um 12 accounts10481 of correctional officers or other staff who spoke to me10486 or another commissioner or another person that they passed on to me a testimony on the racism10493 that they've experienced as a staffer.

That10496 they're not comfortable10497 even going on the record anonymously to have10500 their story shared for fear that the details, uh, will tagback to them because there10507 are10508 so few in number.10509 So having the people10510 overseeing staff, it's10511 so critical that they be people of color as well and have that not just not just skin folk but also kinfolk. If you've heard that term, you know, where where they are standing up for what you're standing up10524 for on the ground and making10526 sure10526 that people don't come in well trained. And I've10528 heard this story a number of times and10531 then they convert to the old culture because culture, eats strategy for breakfast10536 as we've all heard.

And10538 they and they begin behaving in ways that10540 are abuse of discretion in order to fit in10543 in10543 certain pockets within the DOC where folks are still not doing10546 what they're supposed10547 to be doing. So. So back to the question which is who's running Credible Messengers?

REIDY - I'll turn it over to Andy with regard to this the specific people10559 who are10561 running it. But I share your concern in my heart breaks10563 if there's people in the DOC10564 that don't feel that there's a pathway to go above uh10569 them to issue complaints. I do10570 have some things that I can talk10573 to you10574 offline about of10575 some some changes that we've made that are in the process10581 of of really becoming ingrained here. Because I agree10583 I I think there's a lot of good things.10585 There's a there's10586 a lot of really positive things going10588 on at the DOC but there's also the problems and I recognize10592 that. And I recognize that it's my job to correct those issues and that's the process of myself and my team are trying to do.

10603 Um racial diversity, whether it's at the DOC, the state police police departments, fire departments,10609 it is10610 an issue. I think10611 we all10613 recognize that. How we get there10614 and how we change it short term and10619 long term is going to be a process. Um and I10624 am I promise you10625 I'm dedicated to that. And I'm trying to do things to try and change the culture10632 at10632 different agencies. Not throw out10633 all the good10634 things but to deal with the bad things highlighted by by your question. But let me turn it over to Andy and he can10641 talk about the leadership10642 of10643 these uh these10645 reentry programs.

PECK - So rep10647 in terms of the Credible Messengers, um it's10650 run out of the school of reentry which is an EOPS program. Uh Lisa Millwood is the executive director there. Um She is a white female. Um10659 I can't and I'll turn10660 over to Tom in a second.10661 I'm not really sure. Um You10664 know10665 who is supervising the10666 Academy of Hope at the DOC. Um10669 I would just to follow up10671 on one thing that the secretary said about talking offline about some of the10676 um some of his thoughts. A lot of that has um a10680 lot of those things that we would like to address have emanated from our Chief Diversity Officer10686 that we brought on who's a diverse male10690 about10690 a year and a half10691 ago.

And he has10692 done extensive work in10695 the secretariat10696 um through evaluations and assessments and things like that.10699 We've actually10701 begun addressing some10702 of the some of the issues. Um you know, one of the things that that's critically important to echo what you're saying is that the leadership develops the policies. Those policies may not be culturally competent because10716 of who's developing them and those policies impact people in a10720 lot of different ways and that includes staff and it also includes the people10725 that we serve the10727 incarcerated groups. Um So I10728 know that10729 i that's10730 one10731 focus.

Um and our work through the Structural10737 Racism Committee um quite frankly has has opened my eyes10741 even more. Um, so I think the work that's10743 going to come out of that is going to make a significant impact as well. Um as as a slight aside, it doesn't address the leadership question. But last Friday, the DOC graduated 127 Correctional Officer Recruits. Almost 40% of them were diverse recruits. Um and again it doesn't it10763 doesn't address the leadership issue, but it does address some10766 of the attempts that the DOC is making to kind of10770 reach different communities um and create a better representation in the staffing10775 ranks. But I don't know.

ELGUARDO - Just10778 to that point,10779 just to drive it home a bit bringing a large10784 class of people of10786 color and they're they're spread out across an institution that is10791 not culturally competent. We're going to continue to lose those people, they're not going to retain. You know, when I walk around and I ask10800 CEOs how long they've been there. Um, a lot of the White CEOs 1310805 15 20 30, 40 years and I hear too many stories of people that leave or or move or switch the department that they could grow in because10819 of their experience of10821 racism from peers or even from above.

And10825 so I am so excited that we're10828 making changes10829 at internship level at the cadet10831 level, but you10832 already have people in the system who10834 can be put into these positions of leadership who are people10838 of10838 color and I hope that if we approve some funding you're going to come back and show us and that you will commit secretary in10847 advance to making sure that you do everything you10851 can to populate the leadership of these programs10854 with people that look like me, the people that look10859 like Chair Williams people that look like Rep10863 Vargas et cetera AAPI and women as well. But please continue.10870

REIDY - Understood representative and we will we will circle back with you and I will talk with Commissioner Mici and Andy and we will circle back with10879 you on on that10880 point.

ELGUARDO - Thank you. Okay so back to the other thing. So in re entry um one10886 of the things that Undersecretary Peck and I did10889 once is we built out of systems map just10892 uh by hand on10893 the wall at at a whiteboard at UTech of the external structural racism that's impacting the DOC.10899 But outside of your control. And one of the10903 sets of recommendations10904 coming out of the commission looks at changes10907 that need that can be done inside of the DOC to impact english language learning which is a problem you you inherit uh somebody's10916 ability to speak english or not people's housing stability and instability10922 and that of their families.10925

These are things that hold people up10927 from jobs it10928 holds people up from other types of10931 progress that they can make inside the walls10933 and it holds them up from10935 a successful re-entry. What specific resources are you going10938 to dedicate towards making sure that you have staff and interpretation because10944 the research that we've done for this commission shows that most of the people who are speaking spanish only or another language only do10955 not have in writing or orally the types of interpretation they need to take advantage of the jobs and reentry programming. So so10965 what's in there what's in the budget10968 for that?

REIDY - I'm not10969 sure if there's anything in the budget specifically for that. But that highlights10974 an issue that I can10976 talk to Carol MiccI about. Um10977 Because I think it it dovetails exactly what Sheriff Cocchi and the Sheriffs were talking about as10984 far as10985 preparing people inside and10986 making sure they don't come back and doing everything we10990 can while they're under10991 their care custody and control to make sure they're success outside. So10995 I'm not. Are you are you thinking about maybe like a like like courses11000 bringing in english11003 language teachers to support them? Which I think would be I think11011 would11011 be a fantastic ide

ELGUARDO - If somebody is working with with11015 with their officer to11018 um to to11019 develop their plan for where11021 they want to work and what their internal goals11024 are and they don't speak english they're11027 not being served. And so I just at11031 a spot test that we did at MCI Norfolk There11034 were more than 30 people who didn't speak any English who are moving11038 along just doing their thing. But when they are11042 spoken to they don't really understand what's being said and they confirm this to a speaker. And11049 so they're not being put in a position to grow or progress to make money11053 to do the different things11054 they11054 are ready and willing and able to do because there are no bilingual materials.11060

There are very very few staff that11063 speak11064 spanish interpreters are11065 not provided at these engagements. I've heard the same for people with ASL American Sign Language issues. Um11073 and I haven't heard this, but I am certain that it must be true for people11077 that speak languages other than spanish and ASL11079 but those are the two that I've gotten lots of feedback for it and so11083 we want11084 the budget to I want the budget, I can't speak for the other committee11087 members to reflect um an acknowledgement that your that your linguistic population is diverse and that you have11099 to provide services11100 that meet11101 their needs.

REIDY - I haven't heard this particular issue. Um but if I11106 could11106 have some time to circle back with Carol and see if there's an issue11110 with their staffing, doing any type of interactions and there's a language barrier or any type of barrier but if you give me11118 some time, I'll circle back with Carol and her team and to see um, is there, is there a staff pool that11126 is bilingual Um, and what11129 the issue is, uh, and highlight11131 what you have brought to our attention today.

ELGUARDO - Thank you. And um, I11136 think I will11137 reserve since, since we've had several things come up11140 that we're going to follow up on. I think I'll reserve the balance11143 of my questions for that follow up11145 meeting so that my other11146 colleagues can go right.

REIDY - Great we'll schedule with through Brian and Andy, myself and Carol will be available to meet with you11154 and sit down.

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11162 HAWKINS11162 -11162 I11162 did, thank you. I want to go back to much earlier in the hearing when you brought11172 up the issues of occupational cancer for firefighters. A couple of years ago, maybe three years ago I got an earmark11180 from, from my district in Attleboro for cancer screening for firefighters because I was horrified when I was, when I was elected, I went to like11188 three or four funerals in a year for three men that were in their 50s and this is not11194 a sedentary job.11195 They should be living11196 longer than the rest of us. Not not dying young.

And what11200 this what this was it was a grant and Sturdy Hospital took up took it up with enthusiasm because they recognized the issues that insurance company11208 doesn't pay for screening11209 unless you've got symptoms. It's too damn late once you've11212 got symptoms, you've already got the cancer.11214 They will do it for hereditary reasons but not for job reasons.11218 Um, and I'm, I talked to Secretary Turco about11220 it many years ago and11221 somehow Covid came and the whole thing went sideways. But I'm hoping there's still some work going11225 on with that.

And the other thing that11227 I have been active most recently with11229 what the11230 firefighters is for PFAS and the turnout gear. Unfortunately that legislation is going to be included with with some PFAS task11238 force work that they're doing. But the issue11241 for the issue and I'm11242 so glad that you are taking this on. I heard your testimony. I'm thinking, yes, this is good. I'm11246 glad that I'm glad that11247 you're focusing on it. This is11248 a11249 real problem for people who11251 put themselves in harm's way.11252 We think of them dying from some horrible accident where11255 they fall or something hits them and it's not, it's for what they're breathing and being exposed to. So thank you. Thank you for all your efforts.

REIDY - Thank thanks Representative. And it is, I think all of us probably know someone on a fire department. Um, that that that is faced with this issue and not just for the firefighters, but for their family and friends. Um, it11277 is a11278 real real issue and let me turn it over to the Marshall Ostroskey for his thoughts on, on11285 on these topics.

PETER OSTROSKEY - DFS - Yeah, thank you Secretary Good afternoon well and thank you. Representative for your commentary. You're spot on. This11296 is something that the11297 Department of Fire Services under the leadership of the executive office and with the tremendous support from the Legislature has really11305 taken on. We are fortunate to have a dedicated team here at DFS11312 that's promoting safety in11314 so many11315 aspects, but certainly with respect to early detection and treatment of of cancers. And that's in no small part so well supported by your actions11327 um to provide funding for fire11330 departments for equipment like extractors and dryers so that they are not re exposed11335 from their turnout gear.

Um11338 and through the11340 substantial support11341 that we've had to enable early testing um like the cat scans and now PSA testing that's available. So um we also have tremendous support from volunteer dermatologists and dental hygienists for early screenings. And11358 we are really providing a11361 lot of information to firefighters to get awareness. We've had many success stories11368 across11369 the commonwealth, from the training and11371 early detection that have gotten to cancers so that they are not11375 um while they're all life altering, they're11378 not life ending.11379 And um we've been very well supported by you11382 and appreciate11383 your continued support as we go forward.11384

We do11385 have a11386 lot of work to do in areas of PFAS11391 uh in turnout gear that's a multifaceted approach and I've been fortunate to participate with the legislative work on the committee that's working on the11403 PFAS issue statewide. It's as you know,11407 it's a national to international issue,11409 but it certainly is impacting11412 firefighters and we know that the11414 firefighters are experiencing uh increased rates of cancers,11416 but we're doing our level best and we appreciate11420 your support.

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11422 HAWKINS - Yeah, I11423 think I think it was a good thing for that legislation that got included in the PFAS and they reached out to me, I didn't I11430 didn't say please take this11432 on. They recognized that this was important11436 for firefighters,11438 health and well being.

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SEN KEENAN - I have a question relative to11475 the MAT11476 program in the state correctional11480 facilities. Um I want to thank11482 the11482 department for for an invitation11484 for visiting a lot of visit.11486 I guess it11487 was several weeks ago now to see how the program11491 was proceeding. And we were encouraged that at that time it appeared as though Most of the correctional facilities would11497 have an MAT program in place I think at11500 that point we were11502 told by the January. And I understand that there are problems11511 with the vendor having11513 enough personnel staff to administer this program. I'm curious as to what11517 the current status that you know that there are I think facilities that11520 have been11522 in place. I11524 know that a couple of facilities are in the licensing process. I'm just wondering if there is a realistic timetable as to when.

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KEENAN - So my question is um is there a11554 realistic expectation as to when the MAT program will be placed across the entire department across all correction11559 facilities be quiet. There11560 was a hope that it11562 would be done11563 by the end of January but I understand some of the limitations11569 as to what we can expect at this point.

REIDY - Thank you. Thanks thanks senator. Um and and thank Senator Moore Um We have Tom11578 Preston again from the DOC covering for Carol Mici and also Mitzi Peterson from from the DOC that can can give details on the senator's question in regards to11587 regard to this program. Tom11589 let me turn11590 it over to you first.

PRESTON - Absolutely. So we're currently in five facilities as you11596 may know, we're basically also um delivering to um mobily to Bridgewater State Hospital and MASAC is up and running. So what I want to do is refer to the expert which is Deputy11604 Commissioner Mitzi Peterson, who's on the line11605 and she could take you11606 through it from A to Z. You probably actually met with her when you were out there touring. Mitzi are you there?

11614 MITZI11614 PETERSON11614 -11614 DOC11614 -11614 I11614 am. Thank you11616 very much11621 for having11622 me. Um Senator Keenan.11624 Our goal absolutely is to hasten and complete the program. Unfortunately, given the healthcare11632 staffing11633 crisis throughout the entire commonwealth, um spectrum is having issues retaining qualified11637 registered nurses who would pour and deliver the medications. Um There are11641 a lot of requirements based11643 on our licensure. Um the good11646 news is that11647 we will um on April 18th11651 expand to another minimum and on May 2nd11653 expand to another medium. Um that will provide uh all both genders as well11659 as every level of security will then have um MAT11664 available.

The goal is to have the remainder of all of the sites either via remote dispensary um11672 or by uh utilizing an OTP11674 most of our complexes um will have an OTP up and11678 licensed um knock on wood by June 1st and11681 then we11682 could remote dispense to the various sites11686 um in the area. Um11691 that11691 is really the goal,11692 it is all hinging11693 on staffing. Um so that is where we stand at this11697 time.

KEENAN - Thank you. Um You mentioned the summer in their licensing process. Has there been any difficulties getting the licenses, the various licenses are required, whether it's the federal license or BSAS or a11709 couple of the others.

PETERSON - Yeah. Actually11711 we've done very well. Um we've had three licensure inspections from BSAS DEA CSAS. We've, we've really been on top of that.11718 Um Spectrum has worked11719 very closely with the Health Services Division and the local administrations to ensure that we11725 can have access um11726 good design plans um11727 and really get things up and running. A couple of our OTPs have been designed. However,11732 they have11733 not been started um due11734 to funding at this point. Um but11736 there will be able11737 to be sites for instance, NCCI Gardner that can be remote dispensed once are OTP is up and running at Souza-Baranowski or11748 MCI Shirley.

KEENAN - And so I came in a little broken up, not in that last statement but in11754 a statement before. So June is, is the date by which11758 you expect of showing a lot more progress based on licensing issues,11764 personnel issues and all that.

PETERSON - That is the goal. Um It's really,11769 I will tell you it's really personnel issues at this11774 point that is really um for our vendor11778 obviously um to hire11779 qualified RNs clinicians um to get them in um to start doing the assessments. I will just add that I think it's really important to11790 note that Vivitrol through our medical11792 vendor is also always available11794 um at every site. So as we have pathway for individuals re-entering the community, they all have access to a form of MAT. Um In addition they have the ability our Well Path providers11806 have the ability11807 to write11808 bridge scripts to set people11809 up with community providers upon release if they'd11811 like to continue the Vivitrol or if11814 they make a choice11816 to go to the methadone buprenorphine.

11821 Um In addition our Report Recovery Support navigators, we've expanded access so a lot of men and women will be returning to the community and at that, you know, they don't want to have any services at that point we've opened those up to a six month window.11835 So if five months11836 later they have altered um their decision making and they've decided actually like these11841 services, they can reach out to our report Recovery support navigators and get those services.

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MOORE - Mr Secretary, Quick question I have the governor's House11867 2 actually I11868 got several questions for you. So I apologize. Um11870 the governor's House 2 proposal includes 2 million for a new11874 account, the Project Safe Neighborhood Initiative.11876 This program is a model after the federal Department of Justice grant program11880 intended to bring law enforcement officials and community leaders to identify the most pressing violent crime problems11887 in the11888 community. How do you envision this11890 program operating in Massachusetts?

REIDY - So, so11893 thank you senator. you11896 senator. Um, when I started out as a11899 prosecutor in Suffolk County, DA's11901 office, um Ralph martin was the DA. Um Scott11905 Harshbarger was the attorney general and they formed a collaboration along with the Boston Police Department,11912 the US Attorney's Office and11915 community members11916 in11917 Suffolk County to try11918 to bring people together to talk about crime issues11922 as well as development issues in a community in a geographic area. And it was a really, really strong program for for for many11931 years. Um, and11932 in11932 parts of that program still exists in different parts of the state.

Um, and I think what what what really came out of11943 that program11944 was bringing people to the same table with the same common goal of11950 making things better. A11951 law enforcement end the community end um, a prosecution end a business end. And and initially when that program began, uh,11963 working, there are a lot of people that didn't want to talk to each other. A lot11966 of people that didn't understand the point of view of, of,11969 of different segments of11971 the, of the community.11974 And I know11975 how successful a program11976 like that can11977 be run when it has local ownership uh,11980 and local buy in.

And what I talked to the governor and the11985 lieutenant governor about11987 was was putting funds $2 million where11991 district attorney's office can11992 apply for those funds and set up a system that works in their, in their given county. And I think in12001 this day and age where I think12003 there's a lot of fractured relationships12009 um, and and I think12010 some people aren't listening to each other understandably so. I just12015 thought if we're able to put this money to12019 good12019 use DA's Office, police department, community12023 groups and businesses to decide and have12027 to come together12028 and decide what works best for them12030 in dealing with12032 some12032 of the12033 current issues that12034 a given community could could be facing.12037

I thought it would be a worthwhile endeavor because I've known,12040 I've known it's worked. So it's it's not a prosecution plan, it's not12044 an arrest plan, it's not an outreach plan, it's all of the above. And, and I know and12052 I mentioned Kevin Hayden earlier. Um, and I know12055 kevin's on this call.12056 Kevin used to be the supervisor of12058 the Safe Neighborhood Initiative. Uh, when I was in Suffolk along with an individual12064 named Matt Musharraf who is a12066 judge. I know12067 it works. I know those community meetings work.12070 I know getting input directly from12072 the community directly to whether it12074 be businesses, law enforcement12077 prosecuting officers works.

There may be some rough12080 times when groups don't necessarily see eye to eye. But at12083 the end of the day when12085 people can break down silos and I know that's cliche,12088 but I know if they12089 can break down silos and work12093 together, um, it's going to be12094 a benefit for all of us. And12095 it kind of goes into what I have talked about earlier12098 with, with, with Rep Williams with the firearm violence with the human trafficking,12102 but it also goes into the reentry12104 aspect of this and12106 also giving positive alternatives12108 for individuals in the community.12111

So in a nutshell, the Safe Neighborhood Initiative12116 is what it says12117 is making12118 a neighborhood safe12119 and the12120 initiative is bringing all the12122 stakeholders in together and giving them the12124 resources and the funding to be12125 able to do it12127 right However each individual community or12130 county feels fit and12131 what works for12133 them. So it's really a prime example of not reinventing the wheel. It's using a, it's using a, a program that was started here in12144 Massachusetts and was extremely, extremely12146 successful for many, many years.12150

MOORE12151 -12151 Okay,12151 Thank you. Um, another question I have for you, the house recommended $4 million for emerging adult12160 recidivism reduction grant program which was level funded from last year. Any12165 discussion on the program and the level of12168 funding or how the grants are expected to be administered?

REIDY - Yeah. And12173 I'll turn it to Andy Peck in a moment.12177 But again, it's, it's, we know if you don't work on reentry programs12182 and individuals are going to be going back into12184 the community, they're going to be set up to fail. We talked earlier with the representative about housing issues, um employment issues12194 and wraparound services. That's12195 the key and that's the key that underlines most12198 reentry programs that are successful in this state. So that funding is what we're what we're looking to do and to be able to12206 partner with appropriate um agencies in the community. But let me turn it over to Undersecretary12211 Peck for a moment.

PECK - So Senator, this is um I think our third year um with this grant program. Um it directly goes to support funding for community agencies12229 that partner with system actors that address 18 to 25 year old individuals in our system. The the12238 grant this year went to12239 UTech up in Lowell and Rocca, which is based in Chelsea and Springfield. Um the UTech works12248 with the Essex County Sheriff's Department, the Middlesex County Sheriff's Department and they work in the Department of Corrections. We opened a new12258 housing unit called the Brave Unit in I believe it was like The12265 late summer which is12268 a residential housing unit that specifically services uh young parents 1812272 to 2512273 that are in12274 our custody.

Um12277 and it's it's basically centred around restorative justice principles and12282 practices.12282 Um There are12283 seven uh mentors uh12286 those are12287 incarcerated folks, but12289 those are people that have are lifers who work with the young uh incarcerated parents. The focus12297 of the program, obviously is12299 around restorative justice practices but it's also12302 to address the unique parenting needs that they have considering that they're incarcerated. Um the the UTech works in12311 the pact12312 program. It's a similar program run by the sheriff in middlesex Sheriff Koutoujian. And then they12323 do um restorative justice12324 practicing12325 practices programming with Essex. Rocca works with the12328 Hampden County12329 Sheriff Department. They have an emerging adult unit and um Suffolk12333 County12333 who has an emerging adult12334 unit.

MOORE - Are there any other programs that you'd12340 like12340 to see12341 this expanded out to any12342 other departments question are there any other departments12346 you'd like to see12347 this expanded into?

PECK - Yeah. I mean if we could we would love to get into12353 uh you know12354 the supervision side of it. Um you know with with parole and probation12364 um there are there are 1212367 other department I think eight12368 other correctional sheriffs12369 offices. Um I'm not sure what the level12372 of investment or engagement is um with the emerging adult practices. Um12378 but you know, we we'd certainly love to12380 um expand at12381 the DOC. There's other areas within12383 that unit that that12385 we'd like to be able to fund uh specifically you know12389 behavioral health treatment12391 um you know and dedicate12396 services for that. Dedicate services around12398 engaging families on the outside.

You know12401 we have Children and parents on the outside that we're trying12405 to do the best we can in bridging communication and services with12409 them. Um so in terms of the DOC Program there's there's a12415 lot of um areas that we could we could target and12420 focus. Um but we also we12422 put12422 in some language to pack some of the money over too um recently so we'd12428 love your support on that as well for this current year.

MOORE - Okay. All right thank you. Um House two recommends 100,000 in funding for the Office of12440 Grants and Research within12441 EOPS. How will this funding support EOPS' efforts to comply with regulations12447 pertaining to12448 spending federal grant money.

REIDY - Thank you. Um That funding is central to12454 grants and research and what allows12456 Kevin to do what he does and which12458 is getting money out to12460 the community and agencies. But let me turn it over to the Director12463 Stanton. Uh And you12464 could you12465 Kevin explained to the center specifically how those12467 that funding is going to help you.

STANTON - Sure. Thank you. Secretary. Um That's critical to on a few12476 levels. A lot of federal grants require a match requirement um from the state. So12480 that assists us in meeting that you12482 can't use other federal funds to12485 match12486 a federal grant. So12487 having that is a key also12488 assigning other duties to staff. If staff are paid out12491 of one grant a federal grant um and we12493 need them to do another assignment or something else for the commonwealth. They Can't be12497 paid12497 one 100% out of the12498 federal12498 grant. So we have to have other monies to pay a small portion or percentage of their salary so that we're in compliance12505 for audits and things12507 like that. And also if we12509 ever needed a consultant or12511 something12511 to assist with either applying12512 for a grant or determining effectiveness on a grant, it could be used in that way as well. So it's really instrumental12518 and important to the agency the operation and helping12521 us with securing funding12523 for the commonwealth. Thank you.12524

MOORE - All right, thank you. Mr Secretary, are you going to answer questions about the Sex Offender Registry Board and other agencies? What do you have?

REIDY - They are all on12534 the on this call Senator.12536 Moore Um So12537 if you if you have any specific questions we can we can include12542 them.

MOORE - Sure. We have a question House 2 recommends12545 6.3 million for the Sex Offender Registry Board which is an increase of 659,000. Um How will this increased uh level of funding impact the board's operations?

REIDY - Thank you. Thank you. Chairman Moore I'm gonna turn initially over12562 to Emi Joy and then I12565 know Megan Mclaughlin, who is the new director of of SORB is also on the12569 call but me if I can turn to you first.

JOY - Thank you. Mr Secretary. So SORB has been subsidizing their main12578 account with the SORB Trust where12581 they've been hitting, sorry, they've been paying their rent against. So we generally like all12587 ongoing permanent operating expenses to be paid for by recurring state operating sources rather than12593 trust backed. That has been something12595 that has gone onto the trust and off the trust in recent years. And the majority of the 658K increases tied to fully funding um sustainable rent costs. SORB is not12607 moving. It's it's sort12608 of been a band aid solution we found in the past couple of years that we want to fix in the future.

MOORE - Okay. All right, great. Thank you12621 very much. Thank12622 you. Um Mr Secretary, the Municipal Police12625 Training Council. House recommended 3.512626 million for12628 Municipal Police Training Council, which is an increase of 7.1 million from the 6.4. What's the impact12638 of this funding?12639

REIDY - Thank you. Chairman. I12642 don't think12643 there's another agency that has who's mandate has expanded12647 so rapidly12648 and covering so many important issues inside this state. I know uh Director Bob Ferullo and John Molander, whose uh12656 Deputy second Deputy Attorney in12658 my office are on this call. But Bob if you could do a12662 high level overview of how we're using those12667 funds12667 and how it's impacting police reform.

BOB FERULLO - MPTC - Thank you. Mr Secretary.12679 Um Overall the population12681 that we serve increased from 16,000 to a little over 23,000 people that I'm serving. So my customer base has increased. The legislatively and statutorily mandated training has expanded uh so in order to maintain their certification, the mandate is to complete training.12699 Um To do that12701 we've supported additional facilities and we're adding additional instructors. Um12706 What needs to be trained in the use of force de escalation, uh mental health, critical incident12713 management, suicide prevention.

Um all of12715 those issues, we need12716 to train all 23,000 officers in that in that training. Um so our scope and12721 what we're doing has12722 expanded. This is directly related to the12723 number of people that fall under our umbrella um including12728 our partnership uh you know with the state12731 police, some of the team work that we're doing. Um their 230012740 police troopers are training in conjunction with ours12746 in many leadership and and the12747 community driven roles.

REIDY - Emi from me from12749 a fiscal perspective, could12751 you expand on the on Chairman Moore's question?

JOY - Yes. So I just want to speak12758 to some of the specific costs that12760 are built into12761 the budget. We are also just of note planning to pack12765 some remaining funds12767 from the Police Reform Reserve, which12770 is an ANF Reserve where year one of police reform costs for12776 MPTC our Executive office and state police lived. Um So the majority of funds support additional lease costs as the physical footprint of MPTC. Continues to12786 expand. Um MPTC is also working hard to12790 staff up so12791 that they can meet the additional mandates that were put on them under12796 police reform legislation. Um We also have about 2 million set aside for use of force12804 training, 170K for school12806 resource officer training, 40K for12809 de escalation, de escalation training. Um and then about 2.5 million for various bridge academy costs between firearm training, defensive tactics training12821 and emergency vehicle operate operator training.12826

MOORE - So that's those would be the total costs related to the implementation of the police reform

JOY - Correct.

MOORE - Okay, great. Thank you. I guess switching over to another yes agency12843 within your authority. They Department of Fire Services.12846 There's an increase of 550, say 557,000.12847 What's the impact of the funding?12850 I know I12851 know I missed the fire marshal, he was up there speaking, I don't know if he12857 covered that already

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OSTROSKEY - Senator Moore Good afternoon, thank you for the question. Um primarily we are looking to um12871 we accomplish a couple of things with the increase. As12875 you know, uh during the pandemic operations all of our departments were impacted and much of that increase is related12883 to increase in the class sizes12885 uh and restoring some of the programs given the current circumstances. So for instance recruit training12895 was significantly impacted12897 and we've seen12898 a slight growth in the waitlist12900 time for career recruit. We are looking to increase the class sizes at all three of our campus locations12908 for the recruit training where12910 we serve12911 the majority of12912 the fire departments across the commonwealth.12915

In addition we are increasing um12918 one of our12919 programs to include structural collapse12921 in support of the technical rescue teams across the commonwealth. Um and we're doing a lot of work to12928 implement the master plan12930 for our Bridgewater Campus as we that is fully operational, but we're beginning12936 to implement the plan for um the growth of that campus that12943 was developed the master plan that was12945 developed in12946 2021 with DCAM.

MOORE - Okay, thank you. Another question we have is currently dealing with the hazardous material response emergency response programme. The annual stipend12957 of 3K. 300012958

OSTROSKEY - Senator thank you. The12961 Legislature12961 approved the language last year for that. We did implement that12966 and we12967 are funding the increase in12969 those um in the in the fy 22 budget and12973 fy 2312974 budget request as well. So um that12977 stipend increase was approved by the legislature and has been implemented and those costs are also reflected in the budget request.

MOORE - Do you know how many, how many personnel this affects the12990 increase with the12992 increase?

OSTROSKEY - Yes, there are 270 hazardous materials technicians across the Commonwealth.

MOORE - Right, great, thank you.13002 Another question I have for you is the Governor's House 213006 proposal includes an outside13007 section allowing for fire13009 prevention and public safety fund in addition to receiving penalties assessed13013 for violations13014 of13015 the testing and performance standard requirements for cigarettes to13018 receive the proceeds of13020 the settlement of such claims. Was what was the rationale behind this13024 proposed outside section? How much funding does the administration expect to receive from13032 the funding?

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OSTROSKEY - Senator I believe this13039 is a13041 technical fix to the language for13044 that trust fund um wherein we have had some13048 settlements13048 reached uh, with some of the companies13052 regulated under the uh Fire Safe13056 Standard uh Cigarette Fund for um matters13059 arising as part of the13060 testing that we13061 do as part of that program. This would13064 just enable us to be able to utilize those13068 settlements. Um13069 it's a it's13070 a technical technical language adjustment to that. So it's it's really, I really can't project what the specific, there's no steady13080 revenue. It's really just a13081 ability for the department13082 to be able to accept those settlements into that trust to be13085 able to be utilized by the department.

MOORE - Okay, So there's no estimated13089 revenue coming in that13093 you13093 would based on previous years?

OSTROSKEY - Correct. It's a13096 case by case basis, sir.

MOORE - Okay. All right, thank13098 you. You're off the hook. Now moving to uh, the Military Division, The House 2 recommends 25.5 million for the Military Division. An increase of 818,000 from the 24.7. How do you13114 anticipate the House 2 proposed13117 funding13117 level to affect their operations?

13121 REIDY13121 -13121 Chairman13121 General keith was on the call earlier. He is actually uh13126 working out of state and he had to jump off but I'm going13129 to turn this over to Emi13132 Joy.

JOY - Thank you. Secretary the National Guard main administrative account was seeing a 7% expansion over13140 GAA The current year GAA That's all for standard13143 payroll increases, collective bargaining increases and more significant for the guard than some other state agencies is inflation in gas and electricity13153 prices.13155 Those funds do not support any specific expansion just continuing to do

MOORE - The cost of13162 living basically?

JOY - Yes.

MOORE - Um all right. The House 2 also includes 10.4 million for the13169 National Guard tuition and13170 fee waivers. How do you expect that funding to impact the guards recruitment efforts?13179

JOY - So that's been a program heavily utilized that over the past five13183 years we've been trying to right size so that13185 as soon as we get um requests for reimbursement in were able to pay them out.13191 As of now we're mostly able to turn over all requests and I say mostly only for technicalities where we get submissions um for the year13201 before, after the year ends, we fulfill requests as we13204 receive them. I think that this is a line item we always want to monitor in the future because we never want to be in a situation where we need to wait for supplemental legislation13213 to bump back up this account. If we get submissions in excess of the funding13218 level. But13219 based on our past few years of total requests13223 received, we should be able to reimburse13225 all requests.

MOORE - All right, so13227 this13228 with this increased13229 funding, you know, this is13230 not going to go to marketing or see13232 an expansion of recruitment efforts. This is just gonna be to cover the costs.

JOY - This is just for tuition reimbursement.

MOORE13241 - Okay,13242 thank you. House to proposes that To amend the general laws and increase the National Guard, death and disability compensation13258 from 100,000 to 200,000 in addition to in addition to expanding eligibility13265 to additional surviving family members. What's the rationale behind the funding and how many families will this affect?

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JOY - So the current benefit has been 10013277 K. We are looking to increase it to 200 K. There has13281 not recently been an increase and we sort of think that this is just the13287 right thing to13289 do um for search for survivors and family13291 members who have lost a loved one in service. Um we don't want13295 to exclude families where um there might be a different family structure. Parents might not still be around, but other dependants could be relying on these funds.13303 And this is not a benefit that we necessarily payout every year. Um You might go a couple of years with no13310 payments and then have13312 four payments in a year.

It13314 totally varies13315 which is why the13317 funding level for this is not baked into the base of National Guard operations. I13323 would sort of13324 frame their budget as um a blue sky13326 funding level and then anytime there is a specific payout associated13331 with this or a specific deployment um we work with your teams to to reach out and request supplemental funds. So with that if there are13341 any um disability compensation13343 payouts you all would have full13345 visibility into who's getting13348 it, what13349 I'm out there getting they're getting and um which13351 which survivor is receiving the benefit.

MOORE - Do you know when the 100,000 limit was established?

13355 JOY13355 -13355 I'm13355 not sure we could circle back on that. I13357 know that it has been at least five years since13360 there was an increase but I'm13363 not sure how far back it goes. So13371 I will follow up on that.13375

REIDY - Senator I believe it13378 might have been after the 9/11.

MOORE - Okay. After 9/11. Okay sense. Okay.13387 Um jumping to the Office of Massachusetts Emergency Management Agency. House recommends 4.6 million13392 an increase of 550,000. The effects of13396 that?

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JOY - Yes.13406 So the majority of those increases are standard continuing to do13410 the same thing MEMA is doing this year and next year, collective bargaining and standard payroll increases and other small inflationary needs. Um Just13418 want to13419 flag that. The the MEMA tends to do very13422 significant work every year. That's not baked into their budgets. Similarly to the National Guard,13428 they're funded for blue sky operations. And as any particular mission or activation comes on um we we do turn to you13438 all for supplemental funds.13439

Um in the past13441 couple of years with Covid response, the agency has been spending more like 200 to $350 million a year in Covid response dollars. So um the size of their budget which we're requesting at13457 4.6 million is sort of deceptively low based on what we can reasonably assume they'll be activated to13466 respond to in a year.13467 Um I think that having adequate funding for standard core expenses um like a warehouse rent or staff allows the agency13473 to more13474 proactively13474 plan for mission response.13475

Um And again a lot of their work is13478 working with communities to plan ahead for events and make sure13483 locals are in good shape in the event that something does happen.13488 So the13489 more we can invest in front end those sort of services, sort of,13494 the more13495 we control can control back end um fiscal requests that13498 could have13499 been tampered down by additional planning. But again this expansion request is13503 just to keep affording to13505 do what we do this year and next year.

13509

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HOLMES - So um Colonel great to see you today.13567 I want to just jump back to the to the diversity conversation that obviously you and I13577 have been having for a13578 long time. The new list for state13582 police is that is I mean I should13585 say the new class, is that off of the new13590 list?

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MASON13592 -13592 Yes13592 sir. The new class which13594 will be the13597 87th recruit training, troops13598 is off of the new class13599 within that candidate pool we know that we are at13604 14% female, We13605 are at13607 27%13608 non white. That is the13609 current uh candidate pool13610 that is going13612 in prospectively going into13613 the academy.

HOLMES - So we, so I guess13614 I want13615 to just kind of talked to that. So 14% female, 27% non, white uh that historically has not been the anywhere13621 near the number. Is that because we more pro actively recruited uh even so you're saying it's going to get more and more diverse even in the second class13634 Probably because the historically, as we've gone down the list,13638 it has gotten more and more diverse.13641 Is that what I can expect?

MASON - That's correct, sir. It13646 historically gets more diverse With that 2nd class.13653

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REIDY - Colonel. Can I ask you, could you just um elaborate on some of13664 the changes the13665 state13665 police have made with outreach and trying to diversify applicants?

MASON - Yes, sir. So we reconstituted our office of diversity and equal13674 opportunity. We rebranded it as the recruiting and diversity office. We added13678 personnel to that and gave them13682 very clear direction and they13686 have done some outstanding work and I think that that is reflected in13691 the numbers that you13694 see. They were hard at work13696 before this last examination, civil service examination. And so you13700 see the results of that. We are13704 continuing to13705 do outreach to through our RDO, at13709 recruiting fairs, college recruiting employment.13711

They've done significant enhancements to the website to try13716 to be more timely more direct, give clearer expectations for those13719 that are going through the hiring process. We've married up candidates with mentors, so we tried to pair mhm uh13729 prospective trainees um13730 with mentors that can13731 guide them through the process that13734 are familiar with the trainees. Visit13735 them at home and give them a much more personal touch. We find that that helps us with the retention throughout the the hiring process. Additionally, we have added the cadet program which we hope we'll be given the examination for that June 11th of 2022. Um and we13763 hope13763 that that provides us yet another opportunity to really expand13767 our net with13768 reason.

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HOLMES - Do you know about what you're13781 anticipating from the first class of the that program? How13784 many cadets?

MASON - Yes, sir,13785 I can hear13788 you. Um so we anticipate running the13790 first cadet cadre will be approximately 40 to 50 cadets. Again, they would sit for an examination on June 11th is the date that13797 we're targeting. We're working with the vendor on the the development of the examination13803 that would be given. Um13805 then first,13806 this first week of April we'll really start advertising and socializing that opportunity. Um13811 And then we would13812 go13812 through the hiring and vetting process, background checks,13815 et cetera. And13817 we would look for13819 a late13820 October early November13821 kickoff to that class. So we're very excited about that that project coming to fruition within this calendar year.13826

HOLMES - And will Lisa Bartlett still be running, has her13828 role changed or is she still in the same role?

13831 MASON13831 -13831 She's13831 still in the same13832 role.

HOLMES - Okay, good. Okay. Um13834 and then when you say the two classes, when I look at the13839 numbers, when I'm just on the web, on13844 the web paid the one that you and I13847 went to that day with the governor with the Black and Latino Caucus. Right? So um on that same page13855 and it says That13856 now you're down to13857 you know, 150 officers. So when we add the next 175 and another 175 we're basically just catching up. Right?13864 I mean are13865 there actually, what I keep hearing is a lot of people retiring because they13869 the whole13870 climate of the whole13871 issue around black lives matter police all of that is is that seeing an13877 awful13877 lot of retirement, is that actually13880 has that materialised?

MASON - I believe it will. I think that you know, the drivers there13886 are as I alluded to before is that hiring that we did in13892 the early 90s all those people13893 are coming to 30 years on in the system and13898 the job and are you know looking at an exit. Um So we'll need to uh to backfill those that that exit. Um so that attrition13912 that that 175 and13914 175 those two classes will offset that. I would estimate that attrition is going to be around 100 so you know,13920 we might Back up to 2300 or 2400.13922 Um13922 If if that attrition stays at at 100.

HOLMES - What I see is I said just in the database on the dashboard that says you have 1,924 sworn officers. Those that's what I'm referring to. So if I get if you get13935 175 that's13936 350. Right? So you're back to about where we want it to be And you're saying it might13944 go back down to about 2200, which will be the most you've had in13948 a long time in years,13949 correct?

MASON - Um, dashboard. I think that's about13951 some of the sworn13954 about our management.

HOLMES - I'm only looking for sworn13956 officers. I'm13958 sorry, I'm13959 only looking to13960 sworn officers. I'm not looking at your13963 entire for me this much of this debate for me is13970 about the sworn officers. I apologize. That's13973 much of it for me.

13975 MASON - I think your assessment is correct. We're currently at 2176 sworn members as from rank of colonel to the junior trooper as we sit here today.

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HOLMES - Uh Director Mr.13982 Director, could you walk me through the 2300 officers? One of the things I've13988 asked Secretary, I think you may have been in that conversation before13991 was I think of the 2300 we're going to bridge and bring in or certify13998 because of the alphabets from when I was told to the tune the neighborhood14002 of Don't 900 or so this year than 800 and 1200, 900, or14008 something. And then And then 600, it's the14012 order over the next three years. Am I about right?

FERULLO - 1600 there in the first cadre of HOH out14019 of that 1600, roughly 900 have signed up And out of14023 the14023 900 that signed up. About three quarters of them are engaged in some part of the14027 process. I'd suggest we'll14029 probably end up finishing. Uh14031 750 or 800 officers will be totally bridged. Um14035 Some of them have14036 opted not to pursue the bridge academy and some of them have just14039 been non responsive to us where we're doing14041 personal outreach by14042 phone call to14043 explain the process to14044 them and make sure they understand what needs to be done. We're14047 also in an effort to be accommodating running classes in every corner of the14051 commonwealth14051 Um with groups as small as five just to get the groups, so our baseline instead of the normal 25 to run a class, we dropped that down to five in14061 order to accommodate the various part14063 time officers throughout14064 the commonwealth.

HOLMES - And then Mr Director. My question is, have when we look at14070 all 2300, do we did we just14073 say, hey, here's the alphabets and here's what we're going to look14075 at or did we do a post14078 or whatever types can post C scan to14081 say, hey, here's some folks who may have14083 been a14084 red flag that14085 maybe they had already, they're going to be grandfather clause14088 in, but there may have already had an incident that may have uh led to some type of question14097 around certification. Did we do14099 like a quick look or we just looking14101 at just the14103 alphabet and that's how we did it?14104

FERULLO - So well we did, we14105 did both, sir. We looked14106 at the alphabet and we looked14107 at the training,14108 but my charge at the MPTC is only14110 to certified training to verify training and to14113 provide that training where it's not been14115 properly verified. I'm working closely with my partners at the post Randy Ravits and Enrique Zuniga uh and and Gina Joyce from the certification group to look at individual issues where they have those issues. There14129 also calling information from the internal affairs reports14132 that were submitted by the department. Um, and they're very far along that process where they're identifying people that have issues. Um, I retain14141 no disciplinary records at14143 the MPTC I don't ask for them14145 nor do I maintain them.

HOLMES - Got it. So yours is just the training. The disciplinary will go with Enrique. And so is he on14154 the line? He is14156 not here, okay.

FERULLO - I speak to enrique three or four14162 days a week. We're in lockstep as far as what needs to be14165 done. We have are different charges are different missions and our different organizations, but we're working in tandem to make sure that there's an entirely transparent free throw free flow of information between the agency.

14176 HOLMES14176 - All right. So two things to Enrique when you speak to them14181 three or four times14183 this14184 week, remind him, please that that database is supposed to14187 be public facing that the public14190 will see officers whenever14191 they're certified. I remember talking to the governor about this before. There's no reason why. I don't believe that 900 who are certified should14198 not go immediately14199 and be public facing. I14200 mean, we should not have to wait till all14203 2300 for that for that database14206 become14207 public facing.

And then two I remember14209 talking to the governor about this when we first were trying to figure this out. Those folks who surely14217 have done something that would already14219 meet the requirement that they14220 would have had to go through some type of discipline. They need to get into14225 this first14226 batch of people being certified and known and uh public facing. That if someone has, you know, don't have that then fine. Let's wait until he gets done in three years. But if there's a Z.14239 And they've had some disciplinary issues, uh we should know those sooner than later.14243

FERULLO - Sure I'll pass that along to it to14246 uh the executive director. Just to14248 clarify some numbers, the total number of offices14250 that fall in the A through H Category so the14253 entire group that needs to be certified this year as a result of the14257 one year grandfather provision for the first group of the14261 alphabet is about14262 10,000. Um not just 900. It's 10,00014265 officers that have to enter application process.

HOLMES - So it's 10,000, 8,000, 6,000 or14277 something, right. I think the last

FERULLO - Those are14280 roughly the numbers and I from from conversations I'm participating in on the technology14287 side, public facing is part of the conversation.14295

14295

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THOMAS QUINN - MDAA - Good afternoon Chairman. Williams and Moore and members of the committee on behalf of the district attorneys. Thank you for the opportunity to present our fiscal 22 budget14391 requests. I am uh this attorney Tom Quinn from Bristol County, the current president of the Massachusetts District Attorneys14398 Association. I see some of my colleagues present uh DA Ryan from Middlesex DA Sullivan we heard DA Early. I'm not sure who else is there people may be joining.

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QUINN - Yes. Uh we have been very conscious of the14421 commonwealth's fiscal challenges caused by the covid pandemic the past several years and have been made modest budget requests uh to meet the minimum needs of our offices operations. This year as courts reopen our officers are faced with a significant backlog of a number of cases. Our offices are going to require additional funding to get through this bottleneck of criminal cases both as quickly and as fairly as possible. Both defendants and victims have a right to have their cases heard and obviously there's been frustration over the past two years.

Uh for our main operating account Chairman Williams were requesting a 5% increase. Uh We are facing an unprecedented, as I said, an unprecedented backlog of cases due to the pandemic and the courts' operations. The demands on our office will be significant. This funding will assist us with staffing, staffing operational and litigation costs, evidence storage and addressing the significant number of complex cases that are coming into the offices. We're going to need to hire more people at every level. In addition, uh there's been an increasing number of public records requests during the past few years.

Uh these large requests coupled with an outdated case management system14508 from which to retrieve data are very time consuming. As we press forward addressing the backlog of cases with respect to public records, speaking for myself, I'm going to have to hire at least one additional attorney to process those requests and I'm sure there is increasing pressure on other district attorney's offices. In addition, uh in support of the budget request, the state is migrating its email system to Microsoft Office 365. In order to remain on the state email system, the district attorney's offices must also migrate. We're in the process of doing that now but it comes with a significant additional cost.

Actually our office is going through it right now and I initially losing phone numbers and uh having some issues but it's going to be rectified the next week. Our total fiscal to 23 costs for Office 365 will be approximately $875,000 up from 142,500 the old email system, Just an example of the cost for licenses for my office alone jumped from 10,500 to almost $64,000. Uh additional some officers are also facing significant rent increases have included that in their Ways and Means workbooks submissions from their offices. We again are under more reporting requirements which support this request.

Um We also have three reserve accounts that that is the district attorneys which are line items under the District Attorneys Association but are dispersed and full to our offices Of Primary concern is the assistance is the ADA. Or Assistant District Attorneys salary reserve, which we view as the most important of these three reserve accounts. The goal of funds to increase the starting salaries of assistant district attorneys that obviously provide a fair wage consistent with other state attorneys and also assist in promoting retention. I would say going back six years I think when the reserve account was first funded by the Legislature, I believe was January of 2016 there's been a tremendous impact on the offices.

Both increasing the salaries for prosecutors and particularly at the entry level level.14648 Uh, prosecutors have been there several years that allows us allows them to make a fair wage and also to keep them14655 in the14656 office. So I want to thank you personally. The leadership and members of the Legislature. I say that sincerely for really making a difference in the lives of the assistant district attorneys and the office. We're just looking for parity primarily with other entry level state attorneys. My understanding is uh, as of July 1st they're referred to as starting, starting, starting for NAJE. NAJE Council 1 will be 6 $68,016.

We're looking to have parity14689 with that. Obviously the work of assisted attorneys is important. It's going to be more difficult now trying to process this backlog and the pressures that the assistant assistant attorney are going to be under is going to be significant as we come out of Covid. Uh, it also allows us to retain mid level people who who's had this salaries increased significantly over the years. We're asking for 5 million to fund this account again, to keep us on track with other government attorneys. I again, express my appreciation, I sure I speak for all14721 of the district attorneys for what's been done during the past six years.

Most many and most assistant attorneys have worked throughout the pandemic, uh, both in person and providing online uh prosecution. Uh with the, again, the caseloads have increased significantly uh in many cases, not many cases have been resolved during the past two years. So it's imperative that uh we're able to address that and as I said in the past have having more staff is important and also upgrading the14760 salaries of the entry level people. Um in addition, uh a district attorney assistant attorneys with pension fund has been funded over the years. It's designed to keep midlevel prosecutors. We ask that that be level funded at three quarters of a $1 million that is split amongst the 11 district attorneys.

We also ask that the drug diversion and education fund be level funded. It's at $500,000. Each person it's divided up14789 between the 11 officers and has an impact on our local communities. In addition, uh with respect to the Massachusetts District Attorneys Association, MDAA supports our offices. That is individual DA's Offices by managing our statewide business technology services, providing training for prosecutors funded primarily through federal grants and provides information on behalf on budgetary and criminal justice issues to the executive and legislative branch.

Our MDAAs entire network account. The majority of its operating account has spent on technology for the DA's office. And in particular, we're asking for an additional14829 500,000 for MDAA'snetwork account because of the upgrades necessary to the network capacity based on the rollout of police worn body cameras. MDAA is planning to upgrade our network capacity In speeds at the majority of 160 DA locations to address the screen that download and viewing of the body camera footage will put on the DA network.14853 And again, it's not, it goes primarily not exclusively to the IT account to deal with this issue.

Um, that summarizes our request. Again, we appreciate the opportunity to address you. Um, as we come out of the pandemic, we feel it's important to have these additional finances. There's been a lot of stress on the assistance during this14878 time. It obviously has not been a normal environment. Uh, and it's going to be, as I said, increased pressure to move forward and address the backlog both for, you know, the citizens for victims and defendants. Thank you14895 for the opportunity to speak.

WILLIAMS - Thank you. Um, I just have a couple of quick question. What is the average salary. DA Quinn? You said you want to get some parity and 68,000.

QUINN - My yeah, That's the entry level salary. D. A salary is 62,500 currently as mandated by the Legislature. And again, I thank you. Thank the Legislature for that. And then the other state attorneys, major attorneys, the starting salary is going up to 68,000, I'm told as of July 1st. So we're looking to keep parity with that and also increase the salaries of other prosecutors uh, that reflects the increase that the entry level DAs get.

WILLIAMS - Okay. Also, um, I thought last year we had talked about the the system that the state's operating and Ithought we're going to implement that last year. I know we talked about it.

QUINN - The Microsoft Office

WILLIAMS - Microsoft Office 365. Yeah.

QUINN - I believe that's funded in the governor's budget. That's been funded and we're moving forward with that. As I indicated the costs have gone up significantly

WILLIAMS - Because the longer you wait, the more costs go up. That's then it's a14974 state mandate, basically just we just have to do it

QUINN - So if we can fund that which is necessary. We would appreciate it. It's just something as you said that has to be done.

WILLIAMS - It has to be done. And what about backlogs because of COVID-19?

QUINN - Well, the backlog. I'm sorry.

WILLIAMS - Okay. Can you just speak to that?

QUINN - Yeah, the backlogs the backlogs are significant. We were fortunate just speaking in my county that a number of murder cases were tried in the late summer and fall, but there there's a number of cases that have been sort of on hold, including many child abuse cases, violent crimes, domestic violence that need to be prosecuted and brought to a head and um, in the district court. Each county may vary, but there's many cases that have not been heard during the past, its two years now. It starts off obviously you think it's six years a month so. It's going15035 to be a significant period of time that we need to work through this. So it's going to put stress on the entire office because we're the moving party behind these cases, We have to be ready. We have frustrated victims, we have defendants in custody in some cases. So it's a significant issue that we all face.

WILLIAMS - Yeah. You know, justice delayed is justice denied as they, as they used to say, just in terms, I, I know sometimes and I'm going to date myself DA Sullivan back to work with. Uh, and then the trial court15077 sometimes and when they had the excessive backlog of cases, they would, they would go just get some special prosecutors and come in and knock him out that not doable15090 nowadays.

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DAVID SULLIVAN MDAA - I can speak to that. It's great to get a special prosecutor in, but you know, you have to get them up to speed and you probably need to have them at least for two years. So, um, yeah, that, that is a distinct possibility and hopefully there'll be some core of folks that maybe have just retired or moved back into the state. But realistically, you know the ones that are really the backlog are the superior court, those are the high level felonies that really need a great deal of expertise. So um that's going to be, I think the most important thing is to have a gatekeeper for a judge that really moves cases along.

QUINN - And I agree.

WILLIAMS - We had a couple of district court that used to could do that. They would move those cases man like you wouldn't believe with no no tolerance.

[??? (MDAA):] Mr chairman one thing, it's too early. What thing if I could add on that? Our victim witness caseloads are up 71%. And they've been holding on you say justice delayed is justice denied and we would agree um we haven't been able to move cases because the court closings and our victim witness advocates are some of the lowest paid in the office yet caseloads are up 71%.

[WILLIAMS:] What's the average salary for the victim witness folks,

{???:] We start them very low. It's almost embarrassing. It's within the poverty threshold around 30,000. I'm trying to get it up15176 to 32,000.

[WILLIAMS:] And and they do a lot of work they, when the family come to the court, they monitor that family from from the beginning until the end it's a lot of phone calls, a lot of work going to what they do.

[???] Yeah. Yes, you have and and Margaret Warner who runs 23 people in our office. She's our supervisor. I mean, they hold hands, they remove tears, fears anxiety, they help them through depression, but they can't answer the question now, when is my case going to be heard when my case going15206 to be heard? So this is a big thing too, we can't, we can't fall below. And we oftentimes because they are some of the lowest in the office we lose our advocates while they're holding onto these big caseloads because they just can't support their families.

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MOORE - Thank You Mr. Chairman. Thank you everyone for testifying today. One question I have the 750,000 for the retention reserve. How effective has that been? Do you have numbers on how it stopped people from leaving or?

QUINN - I think it's been reasonably effective. I mean, every case is different even with the retention funds. Some people are going to leave, uh be interested to see what happens come, you know, coming out of Covid. But it certainly doesn't hurt because I think the retention is in response to15253 the lower salaries of the assistance over the years that some people, it may not want to have left, but because of the private sector offer. So it certainly hasn't hurt. I think from my perspective, it's been pretty stable. Occasionally15268 people move on. They could move on for a judgeship. They could move on to something else as a career move, but I think it's been helpful.

But I think it's also been very helpful. And again,15279 I I will repeat. It is the effort in support with the support of the Legislature to increase the salaries uh, during the past six years. It's made a huge difference and15290 it's in particular, a lot of the midlevel prosecutors entry level is very important. But the middle level prosecutors who often leave who, who have experience and they are staying longer in my, from my perspective and I think that's made a big difference. So again, I thank you for that.

MOORE - Okay, thank you. Um, the other question half has to do with the state police overtime account, Looking at the, looking to get 180,000 increase, um, See all district attorney, state police overtime account received 3% increase. What's the purpose of this fixed increase of level funding?

MICHAEL MORRISEY - MDAA - It's, I can answer that one if Michael Michael Morrissey. A lot of that is based upon the contractual increases the state police had in their hourly costs. So it basically just covers the contract increases and whether or not we live, we have to try to live with inside of that over time budget or in special circumstances like the Hernandez case for instance, that Tom Quinn had, we may ask the Legislature additional assistance. But that small increases based upon the contracts of state police.

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HOLMES - Thank you Mr Chairman. So we're hoping, can you lay it out for me a little bit simpler? How do I get from you know, it's because it's not just a DA issue, right? It's it's also, I know we15411 have the courts coming up, but I can tell you again, I teach you may have heard that we've15416 been all all day, I teach at the prisons15418 and I can tell you the biggest anger I hear from folks who have not been to trial. And of course, you know, I've heard justice delayed is justice denied that whole piece, but also the whole anger around, we're supposed to be a country that believes and someone having a speedy trial.

And some of these folks have been locked up for years. Like some of their sentences, particularly in the county prisons. I know you just said it's going to probably more um superior court. What how will you working with the courts actually get these cases heard and and and adjudicated whatever the right word15460 is, because there are more people in my county prison that have non sentenced that sentenced.

QUINN - I appreciate that. Representative Holmes DA Tom Quinn. I think it's to be from our perspective to be ready for the cases and to push forward if we can resolve them in a reasonable way, that's what we should try to do. There have been during the past two years, a number of defendants who have been released, both at the county level and in Superior Court because of the, you know, the pandemic and the extreme nature of it. The Supreme Judicial Court has been overseeing uh you know, the the time, the right to a speedy trial15501 and the exclusion of time during the past two years. It seemed to have added somewhat in the, in the summer when things started moving forward more.

And then we've had a little bit of a setback from, I'd say mid december, the latter part of december until now. So uh you raise a fair point. All I can say is we need to be ready, get person do the trials, that's why it is somewhat of an emergency. And I've tried to emphasize the trials are the key, that's how these cases are resolved. If someone doesn't want to resolve it, they have a trial, that's their right. It also allows the ability to resolve these cases prior to trial once15539 there is that opportunity, you know, once a defendant knows that the matter is going to go to trial.

So I think we're trying to work on bringing these cases forward as fast as we can we're some, you know, we're at the mercy of whether juries are being, you know, brought into court. It seems, you know, that happened approximately last month, I believe the 1st, 2nd week of February. So we're trying our best to prosecute the cases in a timely and fair way so people are not held unfairly in jail uh, as you pointed out. And I think a judge certainly has the right to release somebody if they feel that's the case. So we're trying to balance the different equities public safety of defendants right to a speedy trial is oversight by the court. I hope we can get past this and have the access to these trials that we need. So we can resolve these cases.

MORRISSEY15592 -15592 Mr Chairman, I'd like to point out again, Michael Morrissey DA. Three counties didn't have the capacity to have trials counties because of the age and the size of their courthouses. The Norfolk Berkshire and Cape and Islands were really without access to courthouses for many more months than most people. But when you say access you know justice delayed is justice tonight. Not only for those that are sitting awaiting trial, but also for the victims who are looking for resolution of their cases. And many of us during the covid period tried to offer discounts or other suggestions. No one wanted to put anybody into the prison system.

And so a lot of attorneys didn't want to try cases because of the restrictions15634 on how much you have to wear a mask in a courtroom. So there's a whole bunch of other factors I think that went to the picture. But even Norfolk County, which is not known for its number of murders, you know, we get 10 or 12 a year. We have a backlog of over 20 murders ready to go, never mind the other serious crimes. And people that everybody that in all the counties, I think if we find people that are currently in the the sitting waiting in the jail/house of correction, the populations are upside down. The pre trial people clearly outweigh the number of people that that have been in most cases.

HOLMES - And it just Mr DA. It just doesn't seem right. I'm looking at you guys' September number from the county, you know, not you guys, but the numbers from15681 the Sheriffs. And Suffolk County, there are 681 on15685 average pre trial and 201 that is males 201 male. I mean they're all, they're more than three times the amount of people sitting in our jails and our houses correction that are not even sentenced compared to those who are. And the amount of anger I hear about this every week when I teach and then the county as a whole pretrial males are 3800 for pre trial and sentence is 1600 more than double that sentence them out, you know. And and so I'm still I guess I'll wait for the courts to come on. I think I saw the chief justice on our team so but just know that it is angering a lot of people uh that makes it worse for people not trusting our judicial system.

MORRISSEY - No, we I think we are sympathetic to you and most of us have the same problem no matter. But the problem in Suffolk county is the same problem that they have out west and down south in Norfolk County. Bristol county is that the populations are upside down were equally as frustrated in many respects our ability to move some of these cases forward and as DA Quinn said, we're the ones that have to be ready. And you know, so that's putting more pressure on people will be ready. The penalty to us is if we're not ready to dismiss the case. So we who are spending a lot of time getting ready for these cases.

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KIMBERLY BUDD - SJC - Okay, thank you. Representative Williams, Senator Moore and members of the Joint Committee. I very much appreciate the opportunity to appear before you today on behalf of the15928 judicial branch. Um I want to begin by thanking you and your colleagues in the Legislature for your support of the15938 judiciary during another very difficult year. Your financial support in fiscal year 2022 enabled the judicial branch to make the necessary operational adjustments, expand technology and implement remote court operations while continuing to prioritize health the health and safety of the public and the court staff. You'll hear from others from the judicial branch. Um and I want to leave time for your questions so my remarks will be brief.

I will provide a couple of highlights from fiscal year for the, from the fiscal year 2023 judiciary budget requests and then I'll discuss the Supreme Judicial Court budget uh in a little more detail. You'll also hear from Chief Justice Mark Green regarding the Appeals Court budget. Chief Justice Jeffrey Locke and the court administrator John Bello on the trial court budget. I want to begin by just acknowledging, you know, it's not lost on the justices or myself that the ongoing COVID-19 pandemic has forced the commonwealth to contend with significant public health and economic challenges during the two fiscal years.

We recognize that we will all continue to face challenges again in fiscal year 2023. So as a result, can you to implement reforms and leverage new technologies throughout the court system to create, to create efficiencies to improve the delivery of jobs. As always, our goal for the coming fiscal year is to get a budget that provides the necessary resources to ensure that we can provide a high quality of justice in a safe and efficient manner. The justices and I fully support the trial court's fiscal year 2023 maintenance budget $835,900,721. That budget will support a workforce of 6,527 positions.

Funding at that level is essential to maintain stability as courts begin to address the backlog that you were just addressing and to resume normal business operations. The budget includes funding needed to annualize the costs of backfilling critical hires as well as improved staffing levels and16084 trial court technology. The fiscal year 2023 budget request does include the cost of living adjustments for all union confidential and non statutory management16094 court staff. As has been the case for the past few years. The trial court budget includes two budget modules for specific initiatives that the judiciary asks the legislature to to continue funding. Excuse me to consider funding in fiscal year 2023.

That funding would be used to improve and expand the existing digital notification system that's currently in place. That reminds defendants of court appearance obligations. It funded the second initiative would establish an employment services division within the massachusetts Probation Service to work with formerly incarcerated individuals under community supervision to secure employment. They're and they're more details on those modules in the budget request. The Governor's fiscal year 23 H2 budget recommendation funds the trial court at $809,297,658. And that budget is 26.621 million below the fiscal year trial court management. Excuse me. Trial court maintenance budget request.

That would reduce the trial court's ability to fill many of the critical16174 staff vacancies across court departments as well as reduce the resources necessary to address the many court operations that were put on hold during the COVID-19 pandemic this year. The governor's H2 budget did however include funding for the digital notification initiative expansion model that that I module that I mentioned earlier. The trial court's information technology bond bill The first since 1997. This, as you know,16205 currently with the Legislature. The court system16210 receives and creates millions of documents each year. Unfortunately, we have historically under invested in information technology.

We've dedicated less than 3% of the annual budget to IT. And these past two years have really made plain16229 the critical importance of equipping the courts with up to date information technology systems. We had to embrace technology in order to continue to deliver court services during the pandemic and to ensure that we maintain and improve16244 our delivery of court services, access to the courts in both civil and criminal cases will require a major investment in our systems, security and infrastructure. This bond funding will be extremely important in fiscal year 2023 to keep IT Projects moving forward next year.

The funding will provide the judiciary with the resources necessary to innovate and streamline court processes to improve the experience of court users to allow court users to conduct many transactions successfully from their office or home to protect our information from cyberattacks and to secure our courthouses from potential threats. And court administrator Bello will provide additional details on these IT initiatives. I want to turn now just to the specific request of the Supreme Judicial Court. For fiscal year 2023 the justices have required excuse me requested $10,821,397 for the Supreme Judicial Court administration account And $2,094,491 for the Clerk of the Supreme Judicial Court for Suffolk County.

These modest requests provides based funding for court operations, appellate court IT Expenses and the funding necessary to maintain an already small staff at a manageable level. The Governor's fiscal year 23 H2 budget recommendation funds the Supreme Judicial Court slightly below our fy 23 budget total. There are a number of non judicial and non affiliate16347 organizations that for budgetary purposes are included within the sequence of accounts that are associated with the Supreme Judicial Court. You'll recall that the Supreme Judicial Court has no control over the budget of these agencies and we do not oversee their spending. Consequently, our general practice has been merely to forward the budget requests of those agencies without formal recommendations. And we do so again this year.

We do note however, that included in this budget proposal is a $6 million Massachusetts Legal Assistance Corporation for fiscal year 2023. This funding supports the critical work of legal aid programs in16391 addressing the needs some common some of the commonwealth's most vulnerable residents and will help them cope with the greatly increased demand for legal services during these very difficult times. I want to thank the Joint committee chairs Senator Rodrigues and Representative Michlewitz The chairs of today's hearing. Representative Williams and Senator Moore and all the members of the Joint committee for this opportunity to address the budgetary needs of the judiciary and to share the justice's views on the Governor's budget recommendation Recommendations contained in H2.

I also thank you for your careful and considered analysis that you've given to our budget requests in prior years in particular during this past year. And I know that you'll16439 continue to give similar care to this year's budget request. I also want to reiterate the commitment of the justices and to all the court leaders to work16449 cooperatively with you and the committee staff as you prepare a budget that preserves the quality of justice in a fiscally prudent manner. Thanks.

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MARK GREEN - SJC - Thank you Chief Justice Budd. Senator Moore Representative Williams members of the joint committee thank you very much for the opportunity to provide testimony on behalf of the Appeals Court. I would also like to thank your legislative college particular Senator Rodrigues and Representative Michlewitz for their support of the Appeals Court over the16509 years. We have submitted the full text of my written testimony for your review and I will not read all of that now in the interest of time. I'm just going to pull out a few bullet points.

To provide some context to begin some of you may recall three years ago our appropriation requests reflected a small 1% decrease from the previous year in absolute dollars despite required step increases due to some management consolidation and streamline were able to achieve that year. In each of the last two years our request was for a 2% increase year after year, year over year rather still lower than the amount of salary step increases due to some senior staff retirements replaced at entry level. This year, our request of $14,702,647 represents a 3.8% increase over last year's budget.

The vast majority of that increase, almost 410,000 is due to deferred COLA increases resulting from finalization of the collective bargaining agreement with with Local 6. Basically under the new collective bargaining agreement, the new salary structure will carry three years worth of COLA increases into the next fiscal year. 90% of our budget is personnel. Another 75% of the increase in our budget results from what is essentially an internal bookkeeping transfer of the16592 cost of parking spaces for Appeals Court judges and managers that were16596 formerly carried by the Trial Court in their budget but are now borne as they should be by the Appeals Court.

House 2 proposes $14,632,318 for the Appeals Court which is slightly below the amount of our request. When the pandemic began almost exactly two years ago, it had an immediate and dramatic effect on court operations. Due to our previous efforts and investment in technology by the close of business two days following the governor's emergency to day shutdown order on March 16th, we had moved all of our judges and staff out of the courthouse and converted to an entirely remote operation. We have concluded our March sitting when the pandemic hit.

But on April April two, we held our first oral argument via Zoom with a simultaneous livestream to youtube. We Continue to operate safely and remotely at full capacity with all staff with the court officers offsite until July 2021 when we resumed in16657 court arguments with unfortunately a two month return to remote operations in January and February of this year during the omicron surge. And because we were able to continue operations at full capacity through technology and the hard work of our dedicated judges and staff in the face of enormously challenging conditions, we have no current backlog of cases.

When the court expanded from 14 to 25 judges in 2001, we nearly doubled in size but without a corresponding increase in support staff. Since then, in fact, our staff has reduced through attrition of positions that went unfilled. We are currently down from 70 support staff in 2001 to 51 now even lower than it was as we entered the pandemic. But we are now looking beyond the pandemic and we have just completed an engagement with the National Center for State Courts for an operational assessment of the court. Armed with that review, we are currently conducting a strategic planning effort to identify how to reimagine our workflows, job descriptions and human resource allocation so that they are more closely aligned to our new digital operations and capability.

It is possible that the result of that effort may suggest areas for future investment as we build back some of the currently vacant staff positions and identify areas where staffing is inadequate to our needs. But that is for the future. For now we are pleased to be able to submit a request that does a little more than cover deferred and accumulated COLA increases required step increases and a handful of parking spaces rightly transferred from the Trial Court's budget to the Appeals Court. That is my summary of the of the testimony, my bullet points and I will await your questions. Thank you.

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JEFFREY LOCKE - SJC - Good afternoon I believe that I am next. And to Representative Williams Senator Moore and the distinguished members of the Joint Ways and Means Committee. Let me introduce myself. My name is Jeffrey Locke and I have the honor now of entering my ninth week as Chief Justice. Before this appointment. I served on the Superior Court as a judge for 21 years. I've served as chair of the Sentencing Commission and I have served as a regional administrative justice in two counties Plymouth and Suffolk Counties. Uh and before all of that served as a district attorney in Norfolk County from 1997 and 1999 And his commissioner of the Department of Social Services from 1999 to 2001.

And I should point out uh that16826 I fill very big shoes as I step into this position. It is16831 a position that for eight years has been held with great distinction by Chief Justice Paula Carey who worked tirelessly to increase access to justice for all and16845 to achieve the court's mission of providing justice with dignity and speed. And let me16851 thank you for the opportunity to highlight what is going on in our courts and to outline our budget needs. And we appreciate your continued support for the Trial Court and our operations without which we could not provide access to justice16869 to thousands of court users daily across the commonwealth.

Our fiscal year 23 budget request is $835.9 million and this supports 6,527 employees16892 working in 94 courthouses and involves 1.2 million uh computer entries or transactions each16902 day. We are also seeking $2.5 million in expansion in expansion funding For two probation related initiatives that will advance the goals of the 2018 Criminal Justice Reform Act. The governor's fiscal year 23 budget recommendation included I'm sorry, $8,809.2 million for the Trial Court. A difference with our maintenance request of 26.7 million.

As I begin my third full month as Chief Justice of the Trial Court let me just relay my observations about the extraordinary work being carried out by the judges and our court employees. As a judge in the Superior Court,16956 I had a passing knowledge of court activities and initiatives but I must say I did not fully appreciate the full scope of the issues confronting individual courts, court departments and our administrative offices. And over the last nine weeks have come to understand and appreciate the many efforts underway to provide and improve on the delivery of justice to all of your constituents. One of the most obvious success stories relate to the courts response to the COVID-19 pandemic.

Confronted with an urgent need to prevent the transmission of the virus court personnel at all levels were extraordinarily creative and committed to finding different ways to provide access to our courts. From relocated clerks and probation counters to the creation of virtual counters to the purchase of 1300 Zoom licenses and the distribution of 4000 laptops. We managed to convert to a virtual court system almost17027 overnight. A remarkable achievement resulting from innovation and cooperation. And as a result, we were able to conduct 133,00017038 virtual court hearings and events while maintaining the health safety and well being of both the public and our court family.

Once able to resume hearings17053 and trials in person. Court staff from all departments worked tirelessly to provide a safe physical environment for staff, litigants, attorneys, jurors and others. This involved the installation of miles of plexiglass in our courtrooms and public areas. The reconfiguration of our space with capacity limitations to maintain proper distancing and the monitoring, screening and masking of court participants. That we were able to conduct the public's business while reducing the risk of exposure and spread of the virus is a testament to all. And as we enter17100 what I hope the waning days of the pandemic crisis uh We're not just getting back17107 to all types of court business in person.

We're also taking taking advantage of what we learned during the pandemic about remote court processes. In November of this past year, the Supreme Judicial Court invited attorneys to complete a survey regarding their thoughts about the potential for the continued use of videoconferencing. And across the board most attorneys supported continuing the use of some sort of videoconferencing for case management events such as status scheduling and pretrial conferences. Council cited the monetary savings to attorneys and clients both of time and of money and noted increased efficiency and flexibility.

We also know that remote hearings can increase a court user's access to justice allowing them to attend a court hearing without having to either secure childcare or miss a whole day of work. And as I speak to you our seven court departments are in the process of drafting new standing orders or proposed standing orders regarding the parameters for continuing17194 videoconferencing use in our court sessions. And as much as possible these orders will be consistent across the state with regard to each court department so that court users will know what to expect and we will have consistent practices.

And as was referenced earlier uh Judiciary House Chair Mike Day and former Representative Sheila Harrington filed an information technology bond bill on behalf of the judiciary. And the Judiciary Committee has given that bill a favorable favorable report and it is now pending in the Joint Bonding Committee and the pandemic more than anything else demonstrated the necessity of modern up to date information technology capacity and systems. And from my perspective as chief justice and from 20 years serving on the Superior Court bench this bond bill and the modernisation that it will bring is crucial and is more than timely.

For judges the Bond bill will fund a judicial uh digital judicial workbench allowing judges to view all case filings and materials electronically. Judges will be able to access proceedings virtually without worrying about the17282 video feed being disrupted because of either inadequate bandwidth. Interpreters will be available throughout video remote interpretation proceedings. So cases will not have to be continued because we could not physically locate an interpreter. Modernizing physical and cyber security means all judges, court employees and court users will be more secure as will confidential case information.

The Court Administrator Bello will tell you more about the details of this bill. But I urge swift action once this bill reaches Ways and Means. One of the pandemic's biggest impacts on the Trial Court system has been jury trials, especially the more serious Superior Court cases as was referenced by District Attorney Quinn. One of my main priorities as the new Chief Justice is to ensure that these cases move forward to trial. Before the surge of the omicron variant of COVID-19, almost 71,000 jurors had come to the courthouses since last spring and we empaneled more than 1300 Juries. Those were in court in person proceedings. But as we all know with omicron, the court and many state agencies had17376 to pause operations in December.

Effective February 14, we resumed jury trials and were intent on trying as many cases as our courts and sessions can accommodate. We are working with the jury commissioner to expand jury pools to enable multiple cases to be tried at the same time. Uh one example being the week of March 7, we had 11 separate simultaneous trials taking place in Suffolk Superior Court. And I know all counties have been as focused on moving cases with a firm and certain trial date. Unfortunately as we discussed backlog, you can only try one case at a time. And as I mentioned earlier were requesting expansion monies for two new initiatives which would advance the goals of the 2018 Criminal Justice Reform Act.

And that act required the trial court and specifically our probation department to provide notifications and reminders to defendants of court appearance17453 obligations to reduce the risk of accidental defaults. In October of 2019, the trial court launched an e-reminder system in four pilot courts. We then expanded this interactive text message system in our district courts in the Boston Municipal Court and in the Superior Court departments so that any pretrial defendant with a pending case before an adult criminal court in the commonwealth could opt in and receive a text reminder prior to future court dates. And we have sent out over 79,900 such text messages. It has a good impact on reducing the default rate.

And with the initial launch of the notification system in place, we're now seeking funding to expand our system capabilities. And the expansion request will allow an upgrade in program capabilities through software enhancements to add email as an alternative notification method which will expand the number of reminded recipients. It will also support upgrading data collection capabilities of the current system to improve our ability to measure the program's effectiveness with more accurate reporting. Additionally, this module will support adding one full time support technician who would be responsible for monitoring the system, analyzing data and providing users support to all court departments.

As you likely are aware over the last decade, we have seen a substantial increase in substance use disorder and in co occurring mental health issues impacting defendants and litigants. Thanks to funding by the Legislature, we continue to meet the needs of these high risk high need defendants through our specialty court sessions. And we'll be opening four new mental health courts in the next fiscal year cited in Lawrence in Lynn in Chelsea and Worcester that will bring a total of mental health sessions to 13 separate courts. Uh we will also be opening a new drug court in Attleboro and that will give us up to 30 separate specialty courts in the Commonwealth.

According to one recent review of our drug court graduates from 2017 to 2021, the recidivism rate of one year post graduation17632 was 16.8%. This is remarkable for a population That typically recidivates at 59-69%. So we're showing tremendous progress on treating substance use disorder and those impacted by it. Uh lastly, let me speak to our diversity efforts within the trial court. When I say diversity, I mean that most broadly to include issues of equity and inclusion. We've recently published our 5th annual diversity report, which summarizes what progress we have made in some areas.

Although we recognize there is much more to do to achieve our objective of a fully fair and equitable system which treats all persons with dignity and respect.17691 Reports issued by the Harvard law School in 2020 and by Supreme Judicial Court Standing committee on lawyer wellbeing in 2021 provided disturbing data on the existence of systemic racial issues within our court system. And we are taking these reports very seriously. In July we formed the committee to eliminate racism and other systemic barriers which has formed in turn nine separate working groups.

They're focused on important aspects of this initiative, including our policies and protocols our human resources topics relating to hiring and advancement to case management and communication. And the committee will also recommend approaches that allow us take concrete actions that will have system wide impact. Addressing racial inequity or systemic racism was a passion for Chief Justice Paula Carey and we've been fortunate that she has agreed to continue her leadership in this regard which is integral to our ability to build public trust and confidence uh in the work of the judiciary.

Uh thank you again for the opportunity to speak with you all today. And I invite uh chairs or any of your staff members or any member of the Ways and Means Committee to reach out at any time to learn more about the work of the trial court. Let me now turn to my partner in the operations17802 of the trial court court administrative John Bello to talk a little bit more about our budget and our IT Initiative.

JOHN BELLO - MASSACHUSETTS TRIAL COURT - Thank you. Chief Justice Locke. Good afternoon Chair Williams Chair Moore and honourable members of the Joint Ways and Means Committee. Thank you for the opportunity to provide testimony today regarding the court system and its needs. I would like to begin my remarks by joining Chief Justice Locke in acknowledging the distinguished leadership and service of former Chief Justice Paula Carey. It was my distinct privilege to serve alongside her during my first full year as court administrator and I am so grateful17848 to have the opportunity to lead the court with her through what continues to be a challenging time for all of us. And now I get ready and I have embarked on the next journey with Chief Justice Locke.

As Chief Justice Locke and Chief Justice Budd mentioned17865 earlier in their remarks our Fy 23 budget maintenance estimated $836 million dollars. That is a 2.7% increase from fy 22 and also um includes um growth in areas such as IT and facilities. However most of the increase is for contractual obligations due to our collective bargaining agreements. During these past two years every one of our employees17898 has demonstrated resiliency and has shown how innovative they could be. The pandemic continues to test all of us but I am pleased to report to you that we as a court system continue to meet the challenges presented to us.

In the process we have even17918 accelerated some of our long term initiatives to operate more efficiently and to improve access to justice for home. These include investments in remote and hybrid work modalities that continue to support video, enable access to court hearings as well as various administrative functions. I would like to take this opportunity to highlight one of the innovation modules that we're requesting and that is the employment service division request from the Massachusetts Probation Department. I would like to highlight the fact that the Massachusetts Trial Court with the Massachusetts Probation Service has achieved one of if not the lowest reincarceration rates for technical violations in the country.

That is based on independent analysis by both the Pew Foundation and the Council of State Governments. Furthermore, we have accomplished these well at the same time maintaining historically low rates of rearrest for new offenses committed while on probation. Through17988 the Legislature's support the Probation Service has partnered with parole to bring online 138 transitional residential halfway house beds in three major population areas, along with 120 low threshold beds statewide. We're also partnering partnering with EOHHS and MassHealth again through the Legislature supported CSG funding. Massachusetts Probation is a key collaborator in the behavioral health justice initiative. This project provides prison in bridge to encourage MassHealth.

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BELLO - Um, so I will continue enrollment and intake into one of 11 behavioral health services provider statewide prior to release for state, county, for state and county inmates returning to their communities. Massachusetts Probation Service is further working in partnership with MassHealth to provide expanded access for pretrial populations and ex ex offenders. The OCC Community Justice Support Centres provide the community based platform for delivery of these services. The final piece noted18073 by the Pew Foundation is employment the subject which is that of an expansion module for Fy 23.

This innovative module is focused on building the capacity within the Massachusetts Probation Service to address this final area cited by Pew and it is supported by the data as central to effectively changing the life trajectory And reducing recidivism of the 63,000 individuals we work with every day to the Probation Service. The key feature of this module is to add the expertise in the area of employment services. To build out sustainable connections with training, education and employment organizations and agencies to build connections and pathways to employment with employers across the state. I would like to switch gear to strategic planning.

In 2013 excuse me, the Trial Court launched its first ever strategic plan. We are in the process of envisioning um our fourth strategic plan that will guide the Trial Court through 2025. As prior plans. Strategic Plan 2325 will set forth strategic initiatives and processes to ensure that the court system is aligned internally but as important externally to ensure our goals service the needs of those interacting18163 with the courts. As part of this process we will revise our mission vision and goals to ensure it still captures the essence of the work we do. The IT Bond Bill which was highlighted by both Chief Justice Budd and Chief Justice Locke is definitely a priority for the court system.

The need to adapt to the pandemic by accelerating our information technology upgrades, better position us to build the digital courthouse and greatly expanded our options for serving the public. We continue to expand our e-courts initiative through e-courts through our e-courts program office. We have expanded e-filing for the electronic filing of all documents to all Trial Court departments. We have implemented e-pay as well as e-delivery to expand on email delivery of court documents but we have much more work to do. To that end the IT Bond Bill an act to improve and modernize the information technology system and capacities of the judiciary has been reported favorably by the Judiciary Committee and it is now with the Bonding Committee.

The pandemic has demonstrated like nothing else has the significance of technology to any individual's ability to access the justice system that is physically virtually and psychologically. when we looked at the IT Bond when we looked at the IT Needs of the court system. We looked at it from the perspectives of what do court users need to access justice. Before coming to court court users need the ability to follow forms, pay filing fees, find information and access guidance on the court process from their home. For many court users coming to court means taking a day off from work or paying for child care. Not18279 being able to miss work or get childcare could mean a default or even a default warrant.

What if a court user does not have access to the technology to participate, participate in a virtual hearing? They need a viable alternative that will permit them to have the virtual hearing and not have to be in court all day. When a courthouse visit is necessary. Court users need to know where they're going once inside a courthouse. They need to know they are safe in a secure building and that the confident confidential information they have provided in their case is secure. We appreciate your support for the work we do and for understanding the importance of this bill as a key enabler at that work.

I want to send a particular word of thanks to the judiciary House Chair mike day and Representative prior Representative Sheila Harrington for their support. Diversity, equity and inclusion is another area I would like to touch on. As Chief Justice Locke mentioned, we are working on initiatives to make the court system fair and equitable. I know the challenges we must overcome to overcome systemic racism. As a person of color, I know what it feels like to be marginalized. With my personal experiences informing how I approach my role I am committed as is Chief Justice Locke, Chief Justice, Budd and Chief Justice Green to create a systemic change.

We know it will take time and we are committed to see this work through. Our office of diversity equity and inclusion and experience is taking the lead on training all of our employees on how to have hard conversations about race and implicit bias and build our capacity around these issues. We're going out into the communities to listen to our poor users about their experiences of our system. Our office of workplace, workplace rights and compliance continues to work with judges elected and appointed officials, managers, supervisors, employees, non court users18416 just to ensure that everyone feels welcome, safe and supported as they do business with the court system. We are working to increase the diversity of our workforce.

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BELLO - Okay, I would like to then thank you for your time and your attention and I'm happy to answer any questions.

WILLIAMS - Thank you. Great. Um, there's a couple of questions that that I have and the theme. Uh, Chief Justice Budd and Chief Justice Green and wow has been, there's been shortages, whether the staff shortages. But Chief Justice Budd the theme we've been hearing throughout the legal community uh is folks who are waiting for trials, who had been held, uh justice delayed is justice denied and speedy trial and what have you. Uh we have so many people in pre release waiting18488 for their day in court. Maybe it's a, it's a combination of uh the district Attorney's office, trial court Sheriff's department, I don't know. But, but and it seems like the backlog is getting uh increasing instead of decreasing and no man, I go to the jail quite frequently and Rep Holmes and I think he's going to have some questions. Um any ideas, uh suggestions wWhere do we go from here kind of moment?

BUDD - Sure I'm gonna let Chief Justice lock respond specifically, but I can tell you that there's no question that the pandemic wreaked havoc on the whole system.18534 And we have been spending, you know, two years just trying to make sure we continue to deliver services continue to have trials to the extent that we could, making sure that people we're safe while we were doing so. So you'll, you'll hear about how we had secured alternative spaces where the courthouses were too small for people to spread out. Uh We we made sure that to the extent we could try cases, we did try cases.

We made sure that those who were in pretrial detention had an opportunity to have their case looked at again to see if they could be out on pretrial release as a result of the pandemic. And you know, it's this was something that we've never seen before. We did our very best to make sure that we continued the court, the court's work. And I know that Chief Justice Locke has said this, one of his top priorities is to make sure that we address and reduce the backlogs that currently exists. But I'll let him let him18614 elaborate on that

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LOCKE - As you know, Representative Williams intimately. Uh what are courtrooms look like and what it takes to try a case. Uh courtrooms were not designed18649 for a covid distancing environment. And so we were not able to make use of them when this pandemic was at its zenith. Uh as soon as CDC guidance told it was safe to do so we reconvened jury trials as quickly as possible initially in the civil context with six person juries. Uh and the Supreme Judicial Court authorized The trial of Superior Court cases to six jurors civilly by mandate. Criminally with agreement of the defendant. Uh and the commonwealth.

Uh and as I indicated notwithstanding the pandemic, we were able to impanel and and have over 1300 jury trials in this relatively short period18707 since we resumed. And as Chief Justice Budd referenced, uh we went so far recognizing inadequacies in our courtrooms or courthouses uh to convene juries in a movie theater18726 out in your neck of the woods in western Springfield the uh as well, I don't want to call it a nightclub, it's not a function hall Antanas and Randolph and a hotel and water park down in Hyannis. We sought those alternate sites simply so that we could ensure that cases could be heard.

And you have referenced the number of pretrial detainees in Suffolk County, those waiting for their day in court. Uh and it's a significant number 680 pretrial detainees. But I think it is worth noting the reduction in pretrial populations through the pandemic. Judges routinely and daily or reviewing those being held and whenever it could be done so safely. We're releasing the pretrial populations either by adjusting bail or by finding alternate conditions of release. It's reflected right now In the fact that our probation department is supervising 28,000 uh pretrial defendants.

They are individuals who likely otherwise would have been held But through the use of curfews, GPS monitoring conditions to include treatment or drug testing. We've been able to put 28,000 people on the street pending their trials. Uh so it is not for lack of trying that the pretrial population in the county jails of houses of correction remains somewhat high as was noted by some of the earlier speakers. Uh we have a backlog. It is most notable in the Superior Court uh where 64% of the pending criminal caseload exceeds its trial court imposed time standard. That is what we would consider the reasonable amount of time necessary to bring a case18866 to case to resolution.

And in that number we will chip away at one case at a time because you can only try one case at a time. And unfortunately with with Superior Court cases they tend to be more complex and the trial time tends to be longer. And as you're likely familiar, we now engage in attorney conducted participation in the voitier process which has extended the jury selection process not merely by hours but in some cases by days or up to weeks depending on on the type of case to be heard.

Uh Our departmental chief justices on the criminal side have been monitoring each of the county's sessions to the extent we convert civil sessions to criminal sessions for the purposes of reaching certain trials and particularly victim involved cases. We are doing so uh and we will continue that concerted effort. I can only say that we are being as firm as we can be consistent with the rights of the parties uh to hold council to the trial date that is fixed and to ensure that we're not losing any opportunity to have a jury hear and decide the case is now pending.

WILLIAMS - Just just in case of um, you talked about the mental court drug courts and you're going to expand those courts. Are you coming to uh, Western Massachusetts?

LOCKE - I believe, I believe that we are running a drug court18980 now in Springfield

WILLIAMS - Mental health court.

LOCKE - Oh, I don't know the answer right now, but we can certainly provide you that data, including data regarding the need.

WILLIAMS - We have the drug court, I know that the mental health court, that's, that sounds pretty intriguing to me.

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HOLMES - Give you 135 million instead of19135 109 million. If I recall the number, we need to make sure my point is we need to make sure that these courts get everything they need because um, they have to come out with all the resources because I'm telling you everything you said today about justice denied or people need to get to a speedy trial, it needs to happen. So I'm supportive. So thank you, But I just wanted to just make sure you said 28,000 plus the number of folks who have been

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MOORE - Uh thank you Mr Chair um Chief Justice I guess so just to summarise the technology capabilities that you're looking for with increases would be taken care of.

BUDD - I'm gonna I don't know if you're talking to me or Chief Justice Locke but the court administrator Bello can tell you in detail what will be covered.

BELLO - That will be the the IT. Bond bill which is the request is for 164 million. That is with19267 Bonding Committee right now.

MOORE - Ok, so that's that's that's for the technology stuff.

BELLO - That's correct.

MOORE - Actually I didn't if you can help me, I didn't see anything here for juvenile court.

LOCKE - Uh the Juvenile court needs are are within the 835 million uh maintenance account and the juvenile court also has or is implementing several grant funded initiatives uh looking to create better connected services in each court that is in a county uh geographical region. So that there is a better network and better communication between service providers, schools, uh local vendors and our courts and probation so that we can try and interact and affect change with juveniles coming into our court system at the earliest stages. Uh So that is one of the initiatives19354 that juvenile court has highlighted and has made significant progress with piloting it in Worcester and now expanding it into Essex County. Uh are there any questions I guess?

MOORE - Yeah I guess I'm a little disappointed or dismayed by the fact that um I worked very hard with trying to get additional an additional justice at the juvenile court in Worcester because of the caseload and I know that one justice we had really isn't enough to bring the court up to speed and this position still hasn't been filled. Um, and I see everyone shaking their heads. Um but again, it's a little a little discouraging to have juveniles in the system that don't need to be, should be moved through the system and hopefully um their issues remedied. So, um, that's on, that's on the district level issue.

BELLO - Sen. I just wanted to mention that the FY 23 maintenance requests for Juvenile court is 21 million.

MOORE - Okay. But does that, does that fund the justice that's been vacant in Worcester for three years?

BELLO - That will be included there if19430 it is funded yes.

MOORE - Okay. Is there is there a timeframe for getting that position filled?

BELLO - I'll get that information for you and we'll get it to you once I could speak with the Chief Justice.

MOORE - Okay. All right. Thank you. The other thing is, so that the funding requests we have here for the $809 million uh with how long do you think that would take you? And then you might have tried to answer this question. I know you said that you've got to do one case at a time, but how long do you think that would take you to get the backlog down? I know, I know trials are difficult to to date.

LOCKE - The only good news arising out of the pandemic is there were fewer arrests and fewer indictments. Uh, So that the total of new cases is somewhat diminished. And what that means is that while the backlog is significant uh it's an overall reduction in pending cases as compared to pre pandemic 2019 and earlier years. Uh we are good and we are very focused on data uh as it shows how cases are moving through what our monthly and annual throughput looks like.

And given past experience my my estimate is that we will we will play catch up for the next two years dealing with the backlog. And just by way of example senator in Suffolk County, we have over, I think it is over 80 pending homicide trials. A homicide trial on average will take between three and four weeks to try. So you look at at trial time and session availability. If you took one session focused on nothing but murders would only resolve 12 cases a year. And that's one of the, one of the pressure points that we have to factor in19571 in dealing with our backlog and in structuring our sessions so that we can have the maximum impact on reducing the pending caseload.

But recognizing some of the complex homicide cases, sexual assault cases uh tend to be quite lengthy. Uh on the other hand, once you've established the pattern, that cases are in fact going to get reached and tried that often has an effect on the pleas uh, in the superior and in the district court that is if council and the parties no, the trial date is real. They might find a way to resolve it short of the full trial. And experience shows that uh a motivational way to move cases.

MOORE - Okay. Um All right, jumping over to the, I guess the different questions that the committee has really the funding requests that are in that are um currently pending are those enough? So this would be probate family court probation which is 10 million um the 1.7 which is probate family court. Do you think that this funding or these funding levels are enough to get you through the next fiscal year? With the whole aspect of the pandemic getting over the pandemic, dealing with the effects in what else might arise?

BELLO - for Fy 23 or are you talking about 23?

MOORE - Yeah, Fy 23.

BELLO - Fy 23optimal will be our full request of 35 that should get us through.

MOORE - Okay. Alright. Um the other thing is um So a report issued in September 20 by the Criminal Justice Policy Program at Harvard Law School detailing the racial disparities in the Massachusetts Criminal Justice System marked and pointing to a turning point in the efforts um to address longstanding racial inequities in the court system. As the Trial Court addressed the racial disparities in the court system identified by this report since it was first published?

LOCKE - Uh I can't tell you the number of fronts that that we are focusing on this issue on and I'm not sure I said that very artfully, but let me explain what I mean. The Harvard report uh was released almost coincident with the passing of former Chief Justice Ralph Gants. Chief Justice Gants had initiated that report. He had worked with Harvard to have that study completed.19746 And it was it was tragic that as it comes out, we lose what had been a pioneer in focusing on barriers to full access to justice equal for all.

Uh and so the courts'19765 efforts in dealing with what we would describe generally as systemic racism or disparity has taken on a life almost as a testimonial to Chief Justice Gants. It's a way of saying that those of us who worked with him, who knew him, who respected him as so firmly committed are as committed to seeing through his legacy and his legacy would be equality in our courts. I don't, I can say it 100 times, but I think as you look at the way the court does business over the years to come, uh you and and the public will see a dramatic change in how we treat people coming in the door regardless of race, ethnicity, language or any other physical characteristics.

And as you see, how we treat one another, that is our court staff. Uh we made, I think good strides in diversifying our workforce more19834 so at the entry level than the higher levels. but it is something the court is very focused on. We have a very robust office of diversity equity and inclusion that works both internally and externally uh to listen to uh outside members of the public, inside are employees focused on how we treat those coming19863 before the courts. Uh and the learning sessions or listening sessions are very informative to us. uh in terms of what we ought to be focused on.

With regard to the Harvard study, we're trying to fully understand what it tells us because it it19886 has some data gaps. Uh It has given rise to a Supreme Judicial Court uh Racism Committee that meets quarterly and that requires each trial court department to report on what efforts are underway, addressing either actual or perceived disparities. As well as I indicated earlier, we have now a standing committee to eliminate racism and systemic barriers to justice. And that has nine subcommittees that are meeting regularly to give us recommendations. I think we expect to hear them in June uh that will will drive us forward on how we interact with those coming before the court. Uh So it's it's a very, I think live issue in the Trial Court at all levels. Chief Justice Budd asks us regularly at the Trial Court level, what19947 are you doing now? What's on the agenda? What changes are being made? What effect is it having? And we're doing a good deal of data analysis to see what difference all of this is making.

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MOORE - Okay. I'll just just a question we have is the level of funding. Uh so house recommends 14.6 million to Appeals Court increase of 473,000. Is that sufficient?

GREEN - We We had asked for 14702 and we if you if we get 14632, we will find a way to make it work. But 14702 is what we calculate. We would19987 we would need.

MOORE - Okay. 1470219990 Okay. Great. Alright. Um That's all I have for you. Thank you very much for your time today.

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DAVID WILSON - STATE ETHICS COMMISSION - Good afternoon Chairman Moore and Chairman Williams and members of the Joint Committee on Ways and Means. Thank you for this opportunity to testify on behalf of the State Ethics Commission. I'm David, Wilson and I'm the commission's executive director. With me virtually is the commission's Government Affairs officer Robert Milt. It is my to lead our independent agency's small staff of hardworking professionals as they administer, explain and civilly enforce the conflict of interest in financial disclosures. Daily providing valuable services to the Commonwealth and it's approximately 400,000 state county and municipal employees and officials.

The commission greatly appreciates the Legislature's continued support. Modest funding increases since fiscal year 2019 have allowed us to invest in our most crucial resources, our skilled professional staff and the technology needed to support their work. With this increased funding the commission has since 2018 added highly capable staff in each of our three divisions. Critically the Legislature's support has also enabled the commission to purchase vitally needed technology including servers, laptops, cell phones and video conferencing equipment. Thank you very much.

The disruptions of the COVID-19 pandemic have prevented presented challenges and opportunities. While overcoming challenges the commission and its staff20192 have embraced opportunities to become more effective. Today by employing up to date technology that makes it possible for them to provide commission services from wherever they are located the commission and its staff are even more responsive and accessible to the public we serve and the public employees and officials who depend on us for guidance than before the pandemic.

Enabled by new technology, especially videoconferencing the commission now holds more public meetings and puts on more20228 educational programs that are attended by more public employees and members of the public than prior to the pandemic. As we go forward and once again have in person uh commission meetings, videoconferencing will remain a part of what we do. It has proven itself so valuable. In a in addition, the commission's ongoing investment in technology and the increased acceptance of remote electronic filing brought on by the pandemic have resulted in the electronic filing of nearly all of the approximately 4000 statements of financial interest filed with the commission annually. Making the administration of SFI filings more efficient than ever before.

As the commission and its staff continued to transition from fully remote work to a hybrid work environment to improve our overall operations and effectiveness we are investing in the latest technology to build non paper dependent digital workflows. We20297 are training staff to ensure that they understand and adopt the use of the latest technology. We are ensuring that the commission's office space remains a place where staff can safely and productively connect and collaborate and feel comfortable about doing so. We're developing and incorporating flexible work options for staff while meeting the business needs of the commission and we are leveraging reasonably competitive compensation benefits and employment conditions including train training,20334 advancement opportunities in good work life balance to retain and attract highly skilled staff.

In fiscal year 2023 the State Ethics Commission is seeking $2,954,468 in Maintenance Funding. This amount is about $288,000 More than the current year funding level. It represents the total cost associated with the annualization of salaries as well as new annualized spending associated with delivering the commission's new conflict of interest online training program. I'll say a little bit about that later on. The Commission's fiscal year 2023 maintenance requests Includes an estimated 2% cost of living increase for nearly all commission staff. The request also includes sufficient funding to support modest equity merit and retention salary adjustments for some staff.

In addition, the requested funding continues to support staff professional development and nnualize costs of EOPS chargebacks in general office maintenance and supplies at the requested funding level. The commission will be able to maintain its operations, entertain it's experienced and talented attorneys, investigators and other professional staff who might otherwise choose to pursue employment opportunities elsewhere. In the coming fiscal year, the commission expects to meet several long term goals, including the following, introducing a new online conflict of interest law training program and learning management system to deliver the training.

Implementing a new legal case management system, reducing the duration of commission investigations and expediting the commissioner adjudicatory process, including through pilot mediation and volunteer pro bono counsel programs. In recent years, the commission's staff have worked diligently to significantly improve our overall effectiveness through the initiation and advancement of two major20475 projects, the development of a new online training program and the implementation of a new legal case management system. In fiscal year 2022, capital funding has allowed the commission to finally proceed with these two game changing projects.20493 A little bit about the new online training program. The commission is currently investing its own resources in capital funding and the development of a new state of the art conflict of interest law online training program to exist its existing programs, which are nearly 10 years old.

The new program will allow the commission to more effectively20516 fulfil its statutory responsibility to educate public employees about the conflict of interest law through an online training program. The new program, which is being created with the assistance of a highly qualified e-learning developer will, the educational experience of the estimated 400,000 public employees and officials required to do conflict of interest law training by utilizing a modern platform that is compatible with20546 all desktop and mobile devices. The course will address the requirements of the conflict of interest law in an interesting, engaging, interactive and accessible manner and will provide public employees with a general overview of the law as well as for the first time content that is directly relevant to their specific public roles and professions.

In addition to being compatible with20574 all desktop and mobile devices, the program will meet or exceed current standings standards for accessibility. Finally, to better reach all members of the commonwealth's increasingly diverse public sector workforce the new training course will include subtitle translations in Spanish Portuguese, traditional Chinese, and simplified Chinese. It is expected that this project will be completed by fall of this year. A little bit about the new legal case management system project, a partnership led by EOPS and long and heavily supported by the commission will permit the commonwealth to implement a new legal case management system platform In fiscal year 2023.

This project on which the commission has been working since 2016 will replace the commission's legacy system that is now over 15 years old. In November 2021, the Commonwealth issued an RFQ to choose a best in class statewide legal case management system. The new system will give the commission and other small agencies a single system of record, facilitate consolidation of each agency's Legacy legacy electronic and paper records and automate agency processes to increase efficiency and reduce costs. The project partnership is on track to soon20669 choose a vendor and to begin replacement of the commission's legacy system this year. We expect the new system to be place by the end of fiscal year 2023.

A little bit about our pilot programs. The commission is currently20689 piloting a new volunteer mediation program and soon begins in plan soon to begin piloting a new pro bono counsel program. These programs will respectively provide subjects of commission proceedings with the opportunity to in whole or in part resolve their cases through mediation rather than formal adjudication and to receive free legal counsel in connection with those proceedings. The20718 goal of these pilot projects20720 and programs is to make commission adjudicatory proceedings when necessary more expeditious and less burdensome subjects. Um two words and conclusion, the State Ethics Commission mission of fostering integrity at all levels of government in Massachusetts is made possible by continued support of the General Court.

It is necessary and prudent that the commonwealth continued to invest in the State Ethics Commission. The state agency principally charged with helping public officials and employees understand how to comply with the20763 conflict and financial disclosure20764 laws and with investigating and civilly prosecuting alleged violations of those laws. The commission's work encourages ethical behavior by public employees and officials, promotes governmental integrity in public confidence in government and greatly benefits the people of the commonwealth.

With the reasonable, reasonable funding for staff and other resources that we are requesting the commission will be able in fiscal year 2023 to continue to provide the timely, and accurate legal advice in the frequent high quality public educations programs in training on which the public on which public employees and the public have come to rely and to resolve complaints against against public employees expeditiously, as both public employees in the public deserve. The State Ethics Commission is grateful to the Legislature for your continued interest in and support of our work. Thank you for your attention and for your consideration of the commission's fiscal year 2023 funding request. Thank you.

WILLIAMS - All right, thank you, attorney. Uh your budget request uh That will take you through uh fiscal 23 24.

WILSON - It's a request through for fiscal year 23 2023.

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SUNI THOMAS - MCAD - Good afternoon to the distinguished members of the Joint Committee on Ways and Means Chair Williams Co chair Moore I'm Suni Thomas George and I'm still privileged to serve as a commissioner and as the chairwoman of the Massachusetts Commission Against20925 Discrimination. I'm honored to testify20928 this afternoon in support of the MCAD's fiscal year 2023 budget request. Last year I came before you to speak about the significant losses to our federal funding and its effect on staffing levels. At that time the agency had already realized a federal funding shortfall of nearly $220,000 under our federal work share contract with the US Equal Employment Opportunity Commission, the EEOC. And we anticipated that further reductions were likely.

Ultimately the Commission suffered a total loss of 387,000 in federal funds as a direct result of the significant understaffing at the commission and our difficulty in hiring and backfilling positions during this unprecedented pandemic. Our staffing shortage began just prior to the pandemic. But it worsened during the pandemic due to accelerated retirements and staggering attrition due to the lure of higher paying jobs. The MCAD saw an unprecedented number of departures over the past two years as many of our employees were courted by city, state and federal agencies as well as private sector employers for their expertise in anti discrimination investigations and their knowledge of reasonable accommodations laws.

The Legislature and the governor properly addressed our budget shortfalls in fiscal 22 by increasing the MCAD state appropriation last year. That funding increase was essential to offset the loss of federal revenue and allowed the commission to begin the long process of backfilling many of our past and current vacant positions. However, the current job market has not been a boon for the MCAD. We are not able to offer the same competitive salaries in today's hiring climate despite increasing our entry level salaries. I am testifying today to sound the alarm once again. Just as staffing levels impacted our performance under fiscal year 20 and fiscal year 21 Federal our federal contracts. We know that our current staffing levels will similarly affect this year's contract and as such our fiscal year 24 federal funding.

Despite the amazing work that are remaining staff are doing here at the commission. As of January 2022, we are nearly 50 cent 50% behind on our fiscal Year 20 federal contract production requirements. That's our EOCC our federal partners. We simply do not have enough staff to meet the production requirements required in these federal contracts. As a result, the MCAD is guaranteed to realize reduced earnings from our federal contracts as well as a reduced earnings contract for next year. Even if we could staff every position at the MCAD today, the new hires would not be able to meaningfully contribute to our investigative production goals quick enough to prevent the earnings shortfalls under our fiscal 22 federal contract. Nor will it prevent our fiscal year 23 federal contract from getting a downward modification.

To be frank. The only truly viable long term remedy I see at this time is for the members of the chambers to fully fund the MCAD through state appropriation. Continued reliance on federal earnings contracts for nearly half of our funding will perpetuate a downward trajectory of contract nonperformance due to understaffing. And these affect snowball as underperformance on contracts results in budget shortfalls, thereby withholding the resources necessary to backfill vacant positions. Without enough staff, we will not be able to fulfil our federal contractual obligations. These federal contracts will be reduced and this perilous cycle will continue.

There is no public interest served with the MCAD Relying on earnings revenue from federal contracts shifting the MCAD's funding fully to state appropriation would allow the agency to hire and backfill vacancies without the looming threat of losing employees due to lack of available funds. Furthermore, the Legislature would benefit from funding the MCAD as a whole at the start of the budgeting cycle as opposed to year after year needing to intervene via budget amendment in order to prevent a collapse of our vital services because of the loss of federal funding.

The MCAD's Fiscal year 2020 state appropriation is only 4,280,000. The amount the agency needs for complete operational solvency in fiscal year 23 is 7,700,000. I am requesting that the Legislature bridge the gap normally funded by our federal contracts and instead fully fund the MCAD by increasing our state revenue by $3,420,000 by fiscal year 24. Just to put this in some perspective In the Commonwealth's Fiscal, in the Commonwealth's Final Fiscal Year 22 Budget 2022 budget, there were 47 line items that received more than $100 million and the Massachusetts Legislature provided nine line items with over $1 billion.

I'm only requesting that the Legislature also fund the MCAD With the same passion and fervor so that it does not spiral into a backlog of cases by providing the much needed funds that our federal partners are able to provide. It is clear that the fiscal Year 2022 budget illustrates that the commonwealth has the solvency to effortlessly bridge that funding gap should the Legislature deem it a priority to do so. Which would then have an immeasurable impact on21311 the lives of the victims of discrimination who seek restitution through our vital services. This is the time to act.21321

Every day that we proceed without adequate funding sources, investigations are further delayed and our efforts to eradicate discrimination in the commonwealth are undermined. Fully funding the MCAD through state appropriation would rehabilitate the agency in the eyes of the public and regain the people's trust in our government's commitment to rooting out discrimination through swift and decisive action. Fully funding the MCAD through our state appropriation would allow us to hire, train and21353 keep enough staff to permanently eliminate the backlog of investigations, reduce investigation times to under a year and better serve the victims of discrimination and their families for generations to come.

Our mission and the work we do continues to be essential to the people21373 of the commonwealth. Last year, I spoke about the effects the pandemic had on housing and employment. Now, complaints alleging disability accommodations, discrimination and religious exemptions are at their highest in decades and they require immediate attention given their impact on health and safety measures in offices and public settings. The MCAD has set up a COVID-19 related task force to prioritize investigations related to vaccination requirements, mask mandates, religious exemptions and reasonable accommodation requests.

It is imperative that the commission be sufficiently funded to rebuild and sustain its forces to continue to meet its statutory obligations to address these important issues. Additionally, as I have said this before to the committee. Housing discrimination matters will be the next wave of complaints where the MCAD Must lead as these are expected to increase as eviction moratoriums are fully rescinded. Therefore I ask the committee and the Legislature to support the governor's fiscal year 23 House 2 recommendation for the MCAD and I implore you to fully fund the MCAD via state appropriation by fiscal year 24.

The governor's fiscal 23 fiscal year 23 recommendations for direct state funding to the MCAD seeks an increase of $361,250 over fiscal year 22. I'm confident that funding at this level will temporarily mitigate the loss of federal funds in fiscal year 22 and anticipate it in fiscal year 23. I also ask this committee to support the governor's recommended levels for our retained revenue accounts. Although we do not anticipate collecting revenue to the recommended levels immediately these caps level provide latitude for the agency to obtain federal grant monies if available and we anticipate retaining more training21499 revenue as the agency rebuilds its training unit in the coming months.

In closing, I appreciate your continued support of the MCAD and our mission. I'm honored to continue to serve as the chairwoman of the MCAD and to work with the Legislature and the21519 governor to ensure that we as a state respond quickly and effectively to our constituents from your district who come forward every day seeking our services. Thank you. Chair Williams Co Chair Moore and the committee members for your attention and consideration. I'm happy to take any questions from the committee.

WILLIAMS - Just just a couple and MCAD Is historically I year many years ago I was chairperson MCAD Advisory Board under then Commissioner Hurst Alex Rodriquez going back in the day and they were fully staffed had21552 the resources. They made a tremendous difference in the commonwealth. You're hamstrung without having the funding to do what you're supposed to do. So what happens uh the businesses and people count on this because you are an arm and extension with with with with regulatory authority to do certain things to certain people who were caught discriminating against people.

THOMAS - Yes, actually statutory authority.

WILLIAMS - Yeah, statutory yes, shame on us for not funding in the full capacity because we passed the criminal justice package, we passed the parole board probation post, we did all of that good stuff. And I know and I realized that without MCAD because you are people go to you all the time, you're on the ground, that's where they go. And now they're so discouraged because staffing you don't have the ability to do and cases take so long now that and employers and and housing folks, they're laughing at us because they just say take them to MCAD it's going to take four or five years blah blah blah,21625 whatever. So you're saying um You need 7,700,000 to make you go.

THOMAS - Through our state appropriation.

WILLIAMS - Exactly. This is not forget the federal intervention because you gotta, you gotta do, go out and do the work to get the federal reimbursement.

THOMAS - We have to earn our federal contracts. And we often every year, especially lately the last four or five years we've been taking cuts to our federal, they've been passing cuts to us. Uh not because we haven't done the work in the past because they21661 take a cut and they pass it on to their state agencies.

WILLIAMS - So you need and what what's in the governor's budget?

THOMAS - The 300. Um so he's seeking an increase of 361,250

WILLIAMS - Over the 4 million, not 7 million.

THOMAS - Not 7 million.

WILLIAMS - That's what I'm saying I got kind of confused. So he's, so the budget was 4 million last year he's requesting additional 300 some odd thousand dollars. You're saying that21685 seven million is where you need to be in the how in terms of people being affected. Tell Me what you can do with 4 million as opposed what you can do with 7 million.

THOMAS - So our federal. So I think the big issue is that we are one of the only agencies, not only in Massachusetts, but across the country that rely on federal funding. It's almost half of our budget. We are saying if we don't have to rely on federal budget and knowing that we have to earn that money um when we are taking attrition and retirements um and not able to hire and backfil positions um and taking fiscal cuts from our federal government. If we don't have to rely on that money and we're fully funded by our our state, by the Commonwealth through state appropriation, then we are in a much much better position to continue uh hiring and filling positions and not worrying about taking cuts to that 45% of our budget.

WILLIAMS - What what what what how many people are you down? I guess that's the,

THOMAS - Oh at one point we were down like 30 40%. We've had, we have a problem that probably a lot of agencies don't have. One of our problems is we train our staff very well and they are trained in anti discrimination laws. They are trained in they're trained in understanding reasonable accommodations. So a lot of HR people diversity, inclusion people, they're hiring like crazy right now and they're poaching right from our staff. Federal government. The EEOC Hud City of Boston. Even our state, our sister state agencies are coming right to the MCAD And taking our staff. And for you know, for a good reason, they also, you know have much higher salaries than us. Uh and they like the fact that they are well trained and and know the law. And so we're losing a lot of people that way. I'm going to invite my operations and finance Chief Mike Mamula to join me. So if anybody has any questions about the budget, he's really the person who knows the ins and out of the budget.

WILLIAMS - I I my question isn't really a the budgetary question. It's it's what does that mean uh If we get the additional funding does that mean more cases are resolved? That's the question I'm trying to get. What what does that mean? In terms of servicing people knock on your door all the time, I'm going on MCAD Take me to court housing employment. What what does that mean? In terms of your 30-40% down now.

THOMAS - We what that means is this we have in if we increase staff we have smaller caseloads per person more direct contact. More case is getting done every month every week, every day more hands on uh interaction with the complainants who come in. We offer will offer more mediations, More conciliation. A lot more training will hold more public and common public hearings wE'll have more investigations. We will get out a lot more decisions. And you we'll eliminate the backlog that has been steadily growing the last two years and that's what we21901 really need to do right now. But we rely on federal funding and it's it's not appropriate anymore for the MCAD not to be fully funded as a state agency and have to rely

WILLIAMS - We're the only state that doesn't?

THOMAS - We we are one out of21922 not many21923 states don't fully fund most states fully fund their agencies. I'm not sure how this started years ago but we didn't um It was never fully funded. Okay. And now is the time to be fully funded.

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THOMAS - And I think that also the MCAD doesn't have a secretariat as an independent agency. So we often get overlooked.

WILLIAMS - What happened with that now how that what happened with that?

THOMAS - We've we've never been under a secretary I think for a very short time we were but then we as an independent agency. We don't22011 really fall under any secretary.

WILLIAMS - But many years ago when you said MCAD that got people's attention really Got people. I mean I was dealt22020 with for 10 years. I'm just wondering what happened. I know staffing and all that has a lot to do with it. And then some sometimes some administration tried to gut the MCAD and try to take some of the statutory regard. Oh I know I know the little game.

THOMAS - And also I think you know our jurisdiction has expanded so much. There are always bills out there and legislation that impacts are you know expands our jurisdiction and impacts the number of cases. And as we add more jurisdiction we continue to get more cases. But these are22054 all unfunded mandates.

WILLIAMS - Yeah. And we and we need the MCAD Because we need that that agency that really polices certain kind of things that government, you're just a22066 little more a little more independent, a little more hybrid. You can do certain things that we can do that. I can't legislatively okay.22074 Get that. We're gonna circle back around, let's get together. I'm really interested in telling the story22081 because a lot of our people, they can't and they don't have lawyers, they go to you

THOMAS - Because we are we are first, you have to file at the MCAD. If you have a discrimination case, there's an administrative exhaustion as you know. And also we are the alternative to the courts. You know, we will if you receive a probable cause we will provide an attorney for you to help prosecute and adjudicate your case.

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ELIZABETH MATOS - PLS - Good afternoon. Thank you so much. Chairman Williams and Chairman Moore for providing me the opportunity to speak today. I'm Elizabeth Mattos, the executive Director of Prisoners Legal Services, I would deeply appreciate this opportunity. I think, you know, that Prisoners Legal Services is the only state legal services organization providing civil legal aid to um folks who are incarcerated across the commonwealth. For staff of under 30 we are providing services to over 13,000 people incarcerated across the Commonwealth.

We opened over 2000 intakes per year. Um, and do a fair amount as you likely know. In addition to the individual advocacy reform, work with the legislature on a number of issues including solitary confinement, substance22264 use disorder treatment in prisons and also to the extent possible keeping people outside of prisons to receive treatment, reforming our mental health, watch systems in our prisons and jails which was the subject of a Department of Justice report just about two years ago and vigilance in terms of ensuring the health and safety of our clients during Covid and of course during the systemic assaults that happened at Souza-Baranowski about two years ago as well.

Um, we also of course try to have very strong relationships when we can with superintendents and the commissioner EOPS and Health and22304 Human Services, the Governor's Office and many others and of course the22307 Legislature so that we can best resolve issues without having to resort to litigation, which we also do a fair amount of when necessary. But given are very small resources we do impact the litigation and and so our cases are systemic in nature, mostly class action and other kind of multi plaintiff lawsuits that are designed to really get at the systemic issues and make change for large numbers of folks who are incarcerated.

Last budget cycle PLS requested funding to support22339 a race equity and corrections initiative that we started. And that initiative is focused on ensuring race equity across all of our substantive areas and I discussed some of them substance use disorder access to treatment, but also access to healthcare in general and mental healthcare. Staff on prisoner assault, which is still unfortunately a major issue ending solitary confinement and um race equity work in general. And in addition to ensuring that the race equity lines in all of our priority areas, actually focusing on how conditions inside of prisons and jails in and of themselves disproportionately impact people of color who are incarcerated and also have negative impacts for reentry and recidivism.

I'm happy to talk more about that. But that is what that project is focused on. And we have worked hand in hand with the legislature. We were appointed to the Commission on Structural Racism in Parole as well as the Commission on Structural Racism in Corrections and have worked very closely with the legislature and with corrections to advance some discussions there on how to do things better. Um you know, after many have discussed with22413 a really unprecedentedly difficult year, um really two years with the pandemic, um our clients health and safety, it was something that we advocated relentlessly for over the two years and also of course the systemic assault, as I mentioned at Souza-Baranowski prison, which we have filed a class action on as well.

We now come to you to request support for two major initiatives. Our budget requests if you notice year after year. We do try and keep those requests extremely modest and really target them to things that we specifically need. And in this case we're asking for funding to support pro bono coordinator as well as to22457 continue funding for our women's project which is currently staffed by a legal fellow who we'll no longer have funding to support by the fall. Um and if you don't know, PLS was created by the SGC, which is why we're in this line item. In 1972 we were the Prisoners Rights Project at the time and then Mass Correctional Legal Services and now Prisoners Legal Services.

And one of our core functions was to provide access to the courts for people who are incarcerated, also an outlet for their grievances and representation to the extent possible. Again, we are a very small staff and so were we do that to the extent that we can22496 through the impact litigation. But22498 there are many, many, many meritorious cases that come to our attention and we do our best22502 to refer those cases to the private bar. And we certainly co counsel with the private bar as well. There are many prisoners who either go unrepresented

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MATOS - Okay. Um there are many people who go unrepresented in in addition to that, there are people who file their cases pro se. So we get frequent requests from the courts to also jump in and represent people who are pro se, who are incarcerated in the courts. And extremely challenging task to try and mitigate a court case from behind the wall without access to regular use of the internet and documents and printers and things of that nature. It's incredibly challenging in addition to not having funds. So that is one of22547 our core functions, but it has been very challenging to try and keep up the strong referral network because we've been inundated.

Especially over the last two years with our just basic advocacy tests that we have and the litigation that's already on our plate. But there has been an increased demand really from the private bar and others. I think because of a lot of the work that's been done in the criminal22572 justice space and in awareness around mass incarceration issues is more interest in this area, but we lack the capacity to really do kind of hands on training that's required in order to get the private bar to see on what's really a niche area of law and prisoners rights area, especially with issues around the Prison Litigation Reform Act which are rather complex.

Um and dealing with a system really, the correction system which is pretty unique in and of itself. So we're asking for funding to support to support that and really being able to do the hand holding required to ensure that people are properly trained to do prisoners rights cases. In addition, I think I mentioned our women's project that was started by a legal fellow and that project is really focused on the unique needs of, of women who are incarcerated, anything from hygiene issues to women's health issues, To the trauma that they experience both before and during incarceration. Oftentimes22628 not just because of the separation from their Children and 60 to 80% of women who are22635 incarcerated are mothers. um but also issues with unfortunately the sexual abuse and harassment that happens while they are incarcerated.

And we'd like to continue the very important work on that project as well. Uh and if I may have the committee's permission to just discuss was one other issue, that policy in nature, but its core as core very22657 much a budget issue. Um I would like to just take another minute to do that. I'm not hearing any objections I'm just going to take my leave and keep talking. Um another another issue which was discussed earlier when the sheriff's were testifying is the Section 35 um issue which is, there's a significant amount of money in the budget in the governor's budget and the sub budget To support incarceration under Section 35.

And If you if you don't know there's tens of million dollars actually dedicated specifically to incarceration in Section 35 in this fiscal year's budget already. However, in 2016, the governor, The Governor Baker actually said that this is a practice that he was very excited to be ending.22711 That women would no longer be receiving treatment in a prison, but would receive proper treatment outside of incarceration. And that practice was ended for women in 2016 as a result of the governor's actions. And Secretary Sudders herself also specifically said that in leading the commission on Section 35 just a few years ago, uh, emphasized that commitment to end this practice.

There are 38 states throughout the country that do civilly commit people for substance use treatment. But we stand alone in the country in Massachusetts22743 and use theincarceration for this purpose. It's an archaic practice and one that the again, the governor of the commonwealth Secretary of Health and Human Services have already claimed a commitment to ending. We've ended it for women an equal protection issue, that we only continue it for men. And we are urging the Legislature to reallocate those funds instead of using them to continue um, incarceration under Section 35 to put those funds in much needed community-based treatment, which is of course desperately needed as many others have already discussed in their comments as well.

I did also want to just put out there since the Sheriffs had extensive questions about this and discussions about the phone calls issue. Um, there are some discussion about the, the rates and what the commission money is used for. And I just wanted to urge the committee if you are looking at that issue and you are looking at the funding that's being used for programming that you look at the amount of money that the sheriffs are actually receiving in commissions. This is an issue that we know quite a bit about and that money is the commission money is not enough to support all of the programming that happens.

The Legislature can see in22820 its own budget um in what they funded in the past that much of that programming is actually funded directly by the legislature and by other sources in addition to that commission money and22834 the bottom line here, Connecticut has already done this ended the practice of charging family members of folks who are incarcerated for these phone calls that we can do that here in Massachusetts as well. It's costing $14 million for residents of the commonwealth every year just to pay for these calls and it's just here in22855 Massachusetts in one year. Um This is something that's doable in Massachusetts and we hope the legislature and the committee certainly will support efforts to ensure that this can happen to the budget process. I'm happy to answer any questions And thank you so much again for your time.

WILLIAMS - Can you just, did you, did you listen to the sheriff's testimony?

MATOS - I did.

WILLIAMS - it was 14 cents per call or something. And the funds that they used were for programming and and counselling and bus services and what are you saying?

MATOS - So what I was saying is that we have to be careful and looking at that because the commission, the amount22895 of commission money that they receive from the phone calls because Sheriff Cocchi for example has the highest commission rate out of all of this sheriff meaning he makes 85 cents for every22906 dollar that families spend to connect with their loved ones inside. And so he was claiming that the bussing program which costs $400,000 comes from that program and comes from that commission money. And he mentioned several other programs. But collectively the sheriffs receive and including DOC which receives over22929 $2 million $4 million. Um or Yeah, less than $4 million sheriffs and the DOC.

Um So it's unlikely that all of the programming that Sheriff Cocchi was mentioning actually comes from the commission money. That's funded some of it there are separate line items and the and the legislative budget can look at the budget that find a lot of that22949 programming and there are other ways that the programming is supported. I don't know about Sheriff Cocchi but I do know that the spending commission and the chairs of the spending commission asked repeatedly for accounting of where those commission revenues go. And my understanding is that they go to their general budget. um general operating costs and so it's very22970 hard to track exactly where that money goes. It may be that Sheriff Cocchi can track that, but regardless, um families shouldn't be paying for this, their correctional cloth Connecticut has done it and we can do it too.

WILLIAMS - So, so the 14 cents, if, if it passes federal regulations, then does the Connecticut have to The 14 cents or just?

MATOS - No no, it's just a Federal Communications Commission has recommended that that is not, it's not regulated um in that way it's a it's basically a ceiling, not a floor. And so, um we could eliminate the costs and in fact, the Federal Communications Commission has in other contexts recommended that they just, they are not regulating interstate rates and that's why it's not regularly, those particular, um costs are not regulated um in Massachusetts. Department of Telecommunications and Cable is supposed to be regulating that, and that's a whole other discussion we could get into, but we have an action pending before them.

But the main um, the main provider of services Securus23038 in Massachusetts has exempted itself from regulation in massachusetts. And so there's actually an active lawsuit that our office is also involved in along with the National Consumer Law Center on that, on regulating um phone calls with Securus. But another question that had been asked is what the 14 cents goes to and I23059 just wanted to underscore that these companies are monopolies that operate out of hubs in the south. And New Hampshire is getting the23066 same services From the same company at a penny a minute rather than 14 cents a minute.

So the economies of scale are essentially the same. It is true that part of the cost is monetary But again, if you look at the economies of scale, there's no reason. And in many states it's less than a penny a minute. Rutgers Island has a bigger correctional system in all of Massachusetts and they have eliminated the cost of23088 calls there, the same23091 thing in LA and other counties as well. So this isn't really about needing the 14 cents to pay for costs. The 14 cents are largely going to kick bags.

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HOLMES - All right. So Elizabeth, um, what is I hear the proposal of going to zero I mean, so I'm trying to just make sure I understand what what you're saying. What is the actual cost that they go to zero? Is it $4 million you're saying?

MATOS - So the cost of the cost of contracting and there would be a cost if the legislature were to want to make the sheriffs and the DOC whole in terms of the commission, which it's something

HOLMES - I'm not, I'm not understanding the difference. What you're saying is 85% of the 14 cents goes to the General Fund. Is that what you were just saying about Sheriff Cocchi?

MATOS - So each county, each sheriff negotiates his or her only his own contract23170 with the phone provider in this case mostly Securus. Um, they pretty much hold the monopoly in Massachusetts. So each sheriff negotiates their own contract, which is why every single county you will see has a different commission rate depending on what they negotiate with with the provider. The DOC similarly negotiates its own contract. So the rates are23190 different. It's a matter of geography, how much is coming out of the families pockets which is also kind of an inconsistency that the commonwealth should, should be concerned with.

So the idea is, if the state were to assume the cost of contracting, what would happen is you would actually negotiate for the lowest cost23209 as opposed to what happens now, the negotiation is driven by the commission rates. So you're not, you're not getting a low cost contract because it's, it's a disincentive for the sheriff to do that since they're getting the commission rates. So the state if they took it on Massachusetts would negotiate for lower contract. The cost of contracting itself would be, we've already estimated around $4 million and that's been pretty extensively researched and provided to the Legislature. I'd be happy to provide it to you all as well. And then in addition to that, if you were to address the commission issue, that would be um, about another $4 million added to that.

HOLMES - So what I'm asking though, because I'm getting, I think I may be complicating it too, Are you saying the 85 cents, you're saying it's going to the General Fund is not going to the MA benefit fund that just,23264 and they're so 85%, goes to Securus whatever name is Securus and 85% does not go to the benefit fund. It goes to23271 their General General Fund. Is that what you're saying?

MATOS - Um, for the most part, So23278 for Sheriff Cocchi, I, I don't want to um contradict him because I don't know if he is able right now to track The commission money to the specific programming that he funds with that commission money, he receives 85% of the commission rate, sheriff Cocchi specifically. And again, every sheriff is different. So, sheriff Koutoujian, for example, I think it's a 30% commission rate. So it's very different. Um, Sheriff Cocchi so 85% goes to him in terms of the commission, 15% to Securus. And our understanding from the Spending Commission23315 is that it was very difficult and actually impossible for the commission to track the commission money, the money that they get in kickbacks that the sheriffs getting kicked back to specific programming.

That they funneled that money to operating costs and it may be that they spend money I'm sure they spend money on things that23334 benefit the incarcerated population. But exactly how how that breaks down my understanding is that it was essentially impossible to track. And that's something I think they're trying to change reporting requirements, but um, and it23346 may be that Sheriff Cocchi has been, is doing that now and that others are doing that now. But um, my understanding from my attendance at those commission meetings and also in speaking with Senator Brownsberger and Chairman Day is that um, that was not something they were able to determine through their data requests to the sheriff.

HOLMES - I'll follow up later that this is, this is late in the day. I just know they absolutely said again today and all of the funds go to the MA benefit accounts and that it's counter What you just said. So it would be great to get the truth. So it's 15% going on in one cases and 70% going to Securus and the other 30% going to the inmate benefit account or not. And so I will nail that down between now and our next conversation.

MATOS - And I know I thank you, I know you understand this argument, but our argument is still regardless of what it goes to. Um it's not something that should be funded by families or tax dollars are already paying for incarceration like like everybody else.

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ANTHONY BENEDETTI - CPCS - Good afternoon and good afternoon Chairman Moore and to the other members of the Ways and Means Committee. I know you've had a long day. We will be submitting written testimony which will include a very detailed power point that breaks out much of what I'm going to talk about but I'm not gonna read from my, my written testimony and instead trying to touch upon the highlights. Um, it's hard to believe it has been a year since I was before you last. And as always I appreciate the opportunity to come and speak to you about the Committee for Public Counsel Services in Our Fiscal 2023 Budget Request.

I do want to take a moment to thank any and all the members that are out there that we have already had a chance to sit down with uh and the staff of the Ways and Means Committee. We are always given an opportunity to spend serious time talking about the work we're doing, explaining our needs as they relate to the budget and we really appreciate that. Um I referenced or others many today have referenced that it has been a very difficult year, has been a very difficult two years. At CPCS Much of the focus of our work has been on the effect the pandemic has had. Uh first of all on our clients and then of course our attorneys and all of our professionals who are part of the team.

Um I want to take an opportunity to thank our staff, the private attorneys who have been on the front line throughout this pandemic doing amazing work fighting for our clients due process rights. It has not been easy for a whole host of reasons. Attorneys and our advocates have had to navigate representing clients almost completely remotely. Uh at least certainly in the and throughout much of the pandemic, which quite frankly has been far from ideal. Um I think all of us have experienced technology challenges. We continue to do so two years in. Uh you just saw what happen to me. But I think all of us have had that happen to us and and I bring that up because.

And I'm glad that um court administrator Bello in talking about lessons learned throughout the pandemic and looking to see where23593 we might use the technology and how we can do have remote proceedings in certain appropriate circumstances. He brought up some of the challenges and he specifically mentioned certain clients may23606 not have the technology at home. All of us may have good phones, good computers we're able to access meetings remotely and we still have problems. There are a number of people who simply cannot afford the necessary technology to access23619 remote proceedings. And that's something that we have real concerns about going forward.

And I bring that up because I ask all of you to imagine being arrested and accused of a crime or being accused23633 of neglect and having your child taken away by DCF. And and part of the process, if not much of the process where you're trying to fight what you're being charged23648 with is remote. Uh and so that's been a real concern. In terms of what is remote and what is in person. There's been incredible inconsistency across the system. Sometimes some parties are in person, others remote. Sometimes it depends upon conditions set by individual courts, which makes advocating with any consistency incredibly challenging. So, as the transition23677 back to something resembling normalcy continues, it's critical that these virtual proceedings aren't used to replace all in person events, especially for substantive matters that are critical in a particular criminal or civil case.

And you heard the Chief Justice mention that that at least from his point of view, he's looking at it in terms of events that are not considered substantive. And so we're happy about that. And so it's something that I'm glad was brought to the attention of this committee. Finally, a study after study has shown the numerous ways in which the pandemic has had a disparate impact on people of color across the spectrum. Healthcare, education, exposure to Covid because of particular jobs that people have. Uh it is certainly no different within the criminal and civil systems in which we represent our clients.

Um it was brought up today, the Harvard law report, I think Senator Moore asked a question about the progress that's been made since that Harvard law report that was commissioned by Chief Justice Gants several years ago. Um what the progress has been, that report concluded that black and latinx people are overrepresented throughout the criminal justice system. Huge disparities between treatment and outcomes largely predicated on poverty and race. Uh we see the same disparate treatment and and results in the care and protection arena. Um we at CPCS have have taken this very seriously and we've doubled down our on our efforts to address these issues.

We're looking internally to see what we can do to better represent our clients to increase our diversity. We're also looking at different ways that we can litigate issues of race. We're trying to look at a number of issues through a racial lens. And one example of that I think would be the Long case which the Supreme Judicial Court decided in 2020. Essentially what that case did is it lowered the burden on the commonwealth it actually placed the burden on the commonwealth to prove that an automobile stop that appears to have been motivated in whole or in part by race was not motivated at all by race. It used to be that it was incredibly difficult for a defendant to claim that his stop was based on race.

And so just to give you an example of the different things we're doing in those areas. Two of the biggest issues that we're dealing with now, one of which you've already heard about today from, from a number of individuals, the backlog of cases and council capacity. And from our perspective, it depends upon geography and it depends upon practice area. And with respect to the backlogs, how it's affecting us is we have a number of attorneys who have old cases which have not moved through the system as they normally would be because of all of the different pandemic related issues that you have heard about. Uh and they have new cases.

And so uh in certain areas and certain practice here23858 is they're throwing up their hands and they're saying we cannot take any more cases until we're able to move some of these cases away. And so I'm very happy to hear that a lot of attention is being paid uh, to that issue because it is a real problem. Um, I don't want to be repetitive, but you know, people, people have raised it. Questions have been raised about the effect on individuals who are awaiting trial. Uh, not to mention other parties that are involved in the case including alleged victims. Uh, to give you a sense of what we're hearing about the effects for instance, in the juvenile courts, there have been delays in getting jury trials with scheduling now into the late summer, early fall, uh, similar with care and protection cases.

There's been a delay in case is generally not with not23910 just with jury trials. Uh, there has been a waiting, there are waiting lists for services for23916 Children and families. This was a problem before the pandemic and the pandemic has made that problem worse in part due to staff turnover, which, which all of us are very familiar with in a number of areas. DCF attrition is adding to these challenges. And so in the care and protection area, there are delays. Adult criminal same challenges. Just a few numbers we have and, and maybe they have changed. These may be outdated a little bit, but Suffolk Superior has 150 murder cases waiting to be tried. Uh, Fall River Superior, Donna Bristol county has a general backlog with 40 murder cases waiting to be tried.

The Attleboro District Court 182 pending jury trials, Orleans district court down the Cape 140 pending jury trials. So that's just to give you an idea of the sort of problems that exist now in the system. Um and and and the term justice delayed is justice denied has been thrown around several times. And I think those numbers help to show you this is a real real problem. In terms of our council capacity. I have been before this committee on23995 numerous occasions talking about our challenges, having enough attorneys to take the work again, depending upon the county and the practice area. But as24007 you know, the real problem for the most part historically has been in Western Massachusetts.

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BENEDETTI - Yes. Western massachusetts. Um the pandemic has exacerbated this problem because attorneys, as I mentioned, have too many cases you're all familiar with. You may remember that we have in the past asked for relief on the annual billing cap, which this legislature was kind enough to give us.24032 That's not what I'm talking about. I'm talking about. They have too many cases and they're saying I can't take anymore right now. So that's a, that's a big problem. Um you mentioned the Springfield Courthouse, uh, Mr Chairman, I don't have to tell you that has not been helpful. Um whatever, whatever however that proceeds at some point, perception becomes reality. And we are seeing that with attorneys saying I do not want to go into that courthouse anymore and then they're not taking cases.

And in some cases they're saying I'll24065 go take a case in Holyoke or another case, a case from the court house in the area, but they don't want to go into into Springfield. So we have taken a number of steps over the years to increase our capacity out in Western Mass. More recently, we received some federal funding ARPA funding And so I want to thank this committee and the Legislature for for providing us that funding um, with with adult criminal to help address the background in Hampden County.24096 We have opened up a new Holyoke office uh, that went from getting the funding five months ago to, we're already in court taking cases.

Um, I think most people out here knows it takes a long time to open an office. It takes a long time to hire properly. So five months I would say is is record time and and they're already making a difference. We're also in the process of opening up a care and protection conflict office in Hampton County as well. And so we're hoping that will help supplement the private bar out in Western Mass. And so thank you for for for that funding. Um There has been ongoing litigation going back to the adult criminal area. There has been ongoing litigation in Hampden County essentially24152 because individuals were going for a long period of time without getting counsel in some instances being held for for days at a time without council.

Uh the SJC appointed a special Master, that special master is Judd Carhart. He is the former elected DA out in North Hampton from years ago, more recently, he's a retired appellate court justice. And so what he has been tasked with doing is um engaging all of the parties out there to figure out how do we fix this mess. Um asking them for facts and then asking them for recommendations. He has done this by solely by affidavit and conversations. He hasn't held any hearings but he has spent quite a bit of time looking into this and his report is expected to be delivered to the SJC sometime soon. Um I think it's fair to say it is probably going to suggest more resources in Western Mass, particularly in Hampton County.

Um I think24211 he is going to suggest that the hourly rate be increased for24215 the private attorneys, something24217 that i will, i will get to. He is going to recommend additional staffing for CPCS in terms of attorneys and I think he's going to recommend additional staffing for the court and and other agencies out there to24234 try and once and for all address what has been a constant shortage. And so we look forward to engaging with the Legislature on whatever that report recommends. So in terms of our fiscal year 23 budget, we have two big issues. This committee is very um familiar with what they are. The first is staff salaries. The second is the private hourly rates. And I want to thank this committee once again for what you have allowed us to do with staff salaries.

We have24269 been beating the drum for the last several years about why it was so critical to get our salaries increased And increased dramatically. You've heard from the district attorneys who talked about this issue as one that is critical. We have gone from a starting salary of 48,000 five years ago to a little over 63,000 and that has made a huge difference. It has helped us with recruitment.24296 It has helped us with our efforts to recruit a more diverse staff. One that better reflects the population we serve. Um, it has helped us with retention. Um, no longer is the number one reason attorneys leave because of salaries. It tends to be other reasons. And so that is good news.

So what I'm here to say today is we cannot lose24323 ground because because what you have allowed us to do has made a huge difference. We, as I said, our starting salary is 63,000 and salaries across the board were raised, including all of our other professionals in the agency. Um, and24341 the Council 1, Um, executive branch attorneys look to be closer to 68,000 by July 1. And so the governor's budget well with respect to our line item 0321-1500.24355 That's the line item that funds all of the staff and all of the administration and operations. We requested 7924363 million for maintenance and that number is needed to cover the annualization of increases we gave in january of this year um to fill vacancies for necessary attorneys and other professionals to handle the caseload uh and to annualize lease costs.

But it also would allow us to do another cost of living increase next year. And so being able to cover the cost of last the current year's increase but then also be able to continue to make progress next year. That is critical if we are to maintain a staff and keep attrition low. And so I ask this committee to look to that line item and fully support our recommendation of 79,000. That would be an additional 2.3 million above the governor's recommendation.

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BENEDETTI - I'm sorry. Yes. I say 76.7 million was the governor's recommendations. Yes. Thank you for that catch. The second area is the private bar hourly rates. Um, you may remember last year we came to the Legislature with a three-year plan. And what we were asking for is the rates to get to a certain place and to do it over a three-year period. We got year one and so I want to thank again this committee and the Legislature for recognizing how critical it was to make some real progress on those hourly rates. Um, we are doing everything we can to try and recruit new attorneys to the panel.

That is extremely challenging because first of all, if you're coming out of law school and you have $100,000 plus in debt, when you look at what the hourly rates are, it isn't necessarily the best choice for a career certainly fiscally, even if you want to do this work. Um, and we've been trying to, to um, recruit people who are already taking our cases to take more. And so we need to continue to make progress with those hourly rates. What our committee is proposing is that instead of sticking with the three year plan to try and get to the necessary uh, level in one year. And, and this is the big reason we're asking for that is because as I've mentioned, there continues to be a real challenge getting enough attorneys to do this work.

And getting those rates and getting meaningful increases in those rates again. And the rates are asking for range from 5 to $10 depending upon the practice area. Again, all of this detail is in the, is in the material we'll be sending. What that will allow us to do is help us to market this as a program where you may not get, you're certainly not going to get rich, but that the rates have increased meaningfully over the last couple of years, the Legislature is paying attention to it. They realize this is a critical service um and we're hoping what what that will do is change attorney behavior because that's really what we're looking to do.

Um and so when we've been in meetings with legislators, um what I want to, what I like to stress is that we can't promise that this is going to solve the problem. We don't know what it's going to take for someone to make the individual assessment that this particular hourly rate is enough for them to to do this work at a certain amount of their practice. And so I think the real message is we need this increase and then we needed to be paid attention to on a regular basis with with regular increases like everyone else so that it keeps pace with inflation and people can make a career out of it.

Um I think um we think it's good news the governor included these these raises in his budget. Um I've been around this is to say this work a long time. I don't ever recall a governor recommending that the hourly rates be increased. Um Governors or when you talk to administration and finance staff, they will say that even even if they agree that the rates need to be increased, it's usually let's wait for the legislature and see what they do. Um So we're pretty pleased the governor saw that this was something that, that should be invested in. And so hopefully this committee feels that this is something that should be invested in as well.

And so in summation we're requesting an overall budget of a little over a little under 327 million. And that's a funding level that we believe would go a long way toward alleviating this private counsel crisis which has been going on forever and allowing this agency to continue what, what we think is the best in the nation representation. Um, one final point I'll make is that two outside sections that have been mentioned earlier today that the governor included in his budget, the elimination of parole and probation fees. This is a fantastic proposal long overdue. We see too many clients that do not have the means to make these payments and it really prevents them from succeeding. Um, and it, it keeps them system involved.

And so we believe that if it's adopted, this will be a real step towards helping people to successfully integrate and really a step, a positive step for public safety. So Thank you for your time. Thank you for hanging in there. It's, it's pretty much five o'clock. Um, I appreciate your attention for your ongoing support for CPCS and the right to counsel in Massachusetts and I am happy to answer any questions from any of the members.

WILLIAMS - I just have a few. Just you never told attorney, never told us what the amount was that you're looking for for the bar lawyers to fee. You just said that we needed 5 to $10 increase.

BENEDETTI - Right. Right. Um uh District court, district court rates would go up another $5 juvenile would go up $5 care and protection would mental health would go up $5 care and protection would go up 10. Superior Court would go up 10 And murder would go up 10.

WILLIAMS - How much of what will that bring them to?

BENEDETTI - I'm sorry. I should have. Yeah. Right. The overall cost of that is not. Thank you for asking me. Uh the overall cost of that increase is 19 million and the governor included that in his proposal. The problem is, is they started with a lower base and so it's 10 million short. Uh and in recent years this legislature has pretty much fully funded that account for for legislators who have been around a while you may remember we used to, we would get underfunded and we would always have to come back for a supplemental.

Uh We're so happy. We have not had to do that in recent years because of Covid in the last couple of years we've actually given money back. So the governor under funds that line item. Basically what they did is they looked at a spending level assuming caseload would be down um which it has been over the last couple of years because of the pandemic. But we are forecasting that next year, things will be back to normal caseloads will be back to normal. The intake so to speak will rise again as things get back to something resembling normal. Um and attorney will be billing on a more frequent basis and so hopefully that clarifies.

WILLIAMS - Just to turn last year you said, We said we'll do a three year plan. So that was year one. So you're saying you'd like to skip year two and just go to year three. Why is that?

BENEDETTI - Exactly exactly when the committee looks at? Well, the first of all it really is to address hopefully once and for all, what has been a problem for quite some time. The rates that we came up with. Um you may remember this from last year. They they, we produced them by looking at Um inflation in a couple of ways, going back about 15 years. There was a legislative commission back in 2004 that recommended the rates be at a certain level. We never got to that level. So what we did is we went back and said, what would the rates be if inflation if they had kept pace with inflation.

We looked at it a couple of different ways. Uh there was a Mass Bar Report that looked at staff salaries as well as the private bar hourly rates. They ended up recommending hourly rates be much much higher, much higher actually than we're recommending. We looked at what the federal public defender system pays private attorneys, they pay much more than we do. We know we can't compete with them. Uh they actually get increased every year. And we do lose people to the federal panel. But again, we know we're not going to get to that level. But I, but I bring that up because we looked at a number of different factors.

Um In addition to talking to attorneys, um our power point has a number of quotes from attorneys who participated in a public hearing that we are required to have um, every few years. And it's basically to get their perspective on what they think they need to make a to make a go at doing this sort of work. And so I bring all that up so that um, so you know where we got the, where, where the rates are. So if we were to get these increased rates, um, the district court, the mental health and the Juvenile Court would go from 60 to 65. Superior Court and care and protection would go from six from 75 to 85. And the murder would go from 110 to 120. So to give you a sense of the main practice areas.

MOORE - Excuse me, Was that per hour or attorney?

BENEDETTI - Per hour.

WILLIAMS - Uh attorney. Uh is there still a attorney's fees attached with cases?

BENEDETTI - Yes. Yes. There is a counsel fee of $150.

WILLIAMS - They've gone up?

BENEDETTI - It's It's been 150 for a while but there is discretion uh that the judge can reduce it can waive it. Um We haven't looked at how much has been collected in recent years. It used to be that we had a retained revenue account. Um and we really did not like that. We didn't like the idea of of benefiting from our clients paying into this fund. And so um the legislature responded to our request to get rid of that retained revenue fund. I think they actually the legislature has gotten rid of a lot of these retained revenue funds in recent years. Um but the last time I checked and this was a number of years ago it was around six or seven million that had been collected. My guess is it has reduced dramatically.

WILLIAMS - because in some in some cases I dealt with this a lot in some cases cases clients are indigent in a lot of cases but then sometimes

BENEDETTI - They have to be in they have to be in indigenous to get,

WILLIAMS - Well in some cases they're not25076 that indigent and they're they're working and they can afford to do something.

BENEDETTI - Right Yes. Yes. Yes. Mr Chairman right you're talking about the indigent but able to contribute so that you can come up with a with an amount. And that's part of that fund that I mentioned when I said the last time we looked it was around six or seven million those indigenous but able to contribute funds are part of that fund of what's collected.

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MOORE - Well, actually, I actually, I'm sorry. I don't know how many more attorneys do you think you could hire with this with these rates?

BENEDETTI - You mean? How many more attorneys would take the take cases? Private attorneys if we were to get this increase?

MOORE - Well, the private attorneys and also the the increasing these yearly salary.

BENEDETTI - Well, the the as I said, the the where we're at now, it has definitely made a difference. And I feel like I'm thanking you all every year since you gave us that money a few years, but it really has been a game changer. The big, the big message I have for you today is we need that maintenance money to be able to maintain those salaries. Um So I can't say that it's gonna um a specific number, but what I can say is where we're at now and assuming we can keep pace um we go to job fairs and we're in the game now. Whereas before people, despite the fact we have a great reputation across the country, people wouldn't even consider it because our salaries were so low.

Now, clearly there not going to get rich, but were, you know, we're ok, you know, obviously people, they're doing incredibly important work and they should make as much as the state is willing to pay them. Um But really it's about continuing to make progress stay close if not the same as the executive branch attorneys, which as I said, if you're just talking starting salary we're at 63 plus, they're going to be at 68 plus. Um, retention as I said, has really been helped by these salaries. And so we don't want to go backwards. We want to keep moving forward and and continue to, to keep pace. On the private side I can't tell you how many attorneys if we were to get this rate again and say all of a sudden, okay, I'm gonna come do this work. I wish I could.

That's why I really, I really try to be clear and say, look, I'm not promising this is going to solve the problem. Um, but I do think another meaningful increase, which I think five and 5 to 10 is, um, I do think it will go a long way combined with last year to really helping, um, at least in certain practice areas in certain parts of the state. Western Mass, I think is its own animal. As I said, we're opening up another staff office we're opening up a care and protection office. And that's because it just aren't enough. It doesn't seem to be enough attorneys, um, willing to do this work. And so we don't want to wait and depend just on the hourly rate increase. We want to also get some increased staffing. So I hope that answers your question.

MOORE - Yes it does thank you.

BENEDETTI - You have been around a while, we're in a completely different world than we were five years ago when we were saying, you know, people were leaving in droves because of the low salaries and and I know that again the DAs have made real progress and were both in the same situation, We've got to keep sticking with it. So, so thank you for your question.

WILLIAMS - Mr. District Attorney. But but the bar, the bars of the bar fee bar attorneys, they still practice privately though. They just take case right? But they still got their own practice and

BENEDETTI - Right. They handle approximately 80% of the overall caseload across the state. So they clearly are doing the bulk of the work. And it ranges how much they do. You have some attorneys who take a few cases and that's about it. Maybe they take a murder or two um they look at it as a way to um do important social justice work. Then you have other attorneys who is the main part of their practice. As you know that the annual cap Um is now 2000 hours per year. It's six, it's 1800, but it can be raised to 2000 in an emergency. Um it's been raised because as you've heard me say, there's been a shortage of attorneys. But the average attorney bills around 800 hours per year. So there has been a perception in the past by some that there's all these attorneys doing this work full time.

Philosophically we have no problem with that. To me. It doesn't make any difference if you have one attorney billing, you know, 1800 hours to 2000 hours or two or three attorneys splitting those number of hours. As long as that attorney is doing a good job and billing appropriately. You could argue that they are more cost effective, uh, inefficient when they're when they're providing their representation. Um, but, but but in any event it's not true. It's it's it's most attorneys do this as a part of their practice. And it is it is without a doubt Uh, they're making less per hour than they are in private cases.

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LYNNE PARKER - MLAC - So my name is Lynne Parker. I'm the executive director of the Massachusetts Legal Assistance Corporation. I want to start by thanking you Chair Williams and Chair Moore for chairing this hearing today and to members of the Joint Ways and Means Committee. Thank you so much for the opportunity to talk about the importance of funding for civil legal aid and MLAC's FY 23 budget request. I want to extend my enormous thanks to the legislature for its strong partnership throughout the COVID-19 pandemic and for its consistent and long standing support of legal legal aid. The Massachusetts Legal Assistance Corporation was established by the Legislature to ensure that low income, vulnerable people with critical civil legal needs would have access to quality legal information advice and representation.

MLAC respectfully requests $41 million to fund legal civil aid in FY 23. As the COVID-19 pandemic continues to disproportionately harm low-income residents of the Commonwealth increasing funding for civil legal aid is vital to protect the safety and well being of our most vulnerable residents. By promoting equal access to justice for everyone civil legal aid helps to ensure that the merits of the case and not the privilege or poverty of the people involved determine the outcome. Additional funding of $6 million in FY 23 is necessary to meet the continuing extraordinary needs of low income and vulnerable people. And and as you've heard from numerous people today, like many sectors of the economy and as you just heard from Anthony Benedetti legal aid is facing significant challenges in hiring and training, critical staff. An increase in funding would help to address this need.

Unlike in criminal cases in most civil cases, people do not have a constitutional right to an attorney. The civil legal aid is one of the most important resources Massachusetts has to protect low income people and to promote justice. Currently, people with an annual income at at or below 125% of the federal poverty level are eligible for civility delay. That's just $34,688 for a family of four. MLAC is the largest funding source in the commonwealth for civil legal aid organizations, which improve and many times transformed the lives of low income residents by providing assistance at no cost when people face serious legal issues related to their most basic needs. Housing, unemployment, healthcare, public benefits, domestic violence, family stability, education and more.

The COVID-19 crisis has had an enormous effect on the lives and livelihood of vulnerable residents who are in dire need of legal representation to protect their most basic needs. We know that low income people, people of color, those with disabilities, older adults, veterans and immigrants have been disproportionately affected by the pandemic and need civil legal aid assistance now, more than ever. Civil legal aid continues to be a significant and essential component of the Commonwealth's response to and recovery from the COVID-19 crisis. Without the help of legal aid, a negative outcome in a case can push low income individuals and families into deeper and deeper poverty. It's important and vital and more cost effective to address legal issues before they multiply, especially during this prolonged public health crisis.

Throughout the pandemic legal aid attorneys and staff have provided an essential service to low income people in need. Civil legal issues have become more multifaceted and complicated by the pandemic making the positive outcomes delivered by legal aid advocates all the more important. Mental health challenges such as anxiety, depression, stress and trauma are significant issues faced by many legal aid clients. These challenges cause some people to delay reaching out for legal assistance until their legal problem is more urgent, complex and often at a crisis level. Many legal aid clients who have lost their sources of income can no longer pay phone bills. They don't have access to the internet or computers or other needed technology, making it difficult sometimes impossible to seek assistance or to communicate with their attorneys.

Low income people without assistance from legal aid are often confused about court processes. They don't understand the court notices they receive and they don't know how to submit important court papers to support their cases. Legal aid advocates help to reduce anxiety and stress by explaining in such a case the knowledge of the process. Receiving assistance can reduce the stress and trauma experienced by people facing a serious legal issue and help to resolve the legal problems they face. We are so grateful that funding for legal aid has increased over the past several years and this has had a significant and positive impact for many people served by legal aid organizations across the state. With the increase in funding, legal aid organizations have been able to expand their work across the commonwealth and a variety of important areas. And they've been able to engage in systemic impact advocacy, which improves the lives of many people.

Legal aid organizations have broadened their focus on healthcare disparities and racial justice initiatives faced by communities of color. They're implementing systemic legal strategies to address the discrimination and structural racism that exists in the healthcare delivery system. They're expanding their services and outreach to immigrant communities and working to handle the serious backlog of cases in the immigration court, .Assisting victims of wage theft and predatory lending and those facing bankruptcy. And they're expanding statewide impact advocacy to eliminate discriminatory policies and practices having a serious and adverse impact on students and public school systems. As we Look forward to FY 23, we remain increasingly concerned that the number of those who qualify for civil legal aid and those seeking services will continue to rise as a result of the ongoing and lingering impact of the pandemic. In FY 22 legal aid organizations in Massachusetts have seen an increase in demand for legal services, particularly in the areas of consumer law, education, housing and immigration. Based on data from cases during the first six months of FY 22 MLAC projects, legal aid organizations will see a nearly 20% increase in cases over FY 21. Some of those cases are a 50% rise in housing cases, 41% rise in consumer and finance cases, a 33% increase in immigration and naturalization cases and a 20% rise in education cases. In addition to the projected increases in cases, as I mentioned as I mentioned earlier, civil legal aid organizations are facing significant workforce challenges. Unfortunately due to the COVID-19 pandemic over the past two years, legal aid staff are overstretched and overextended as they continue to meet the immediate legal needs of often traumatized clients.

Many legal staff, many legal aid staff are experiencing secondary trauma as a result to, physically and emotionally exhausted salaries that many of the legal aid organizations that MLAC funds are lower than other public sector and public services organizations. Comparatively low salaries and high student loan debt for legal aid attorneys combined with the current difficult hiring environment, make recruiting and retaining staff a serious challenge for legal aid organizations. This is a challenge that has been heightened throughout the pandemic and in these very challenging times um to to hire. Greater funding would enable legal aid organizations to increase compensation and expand loan forgiveness programs. In 2020, the ADA Journal reported that law school graduates finished school with an average of $160,000 in debt.

Graduating law students, younger attorneys were committed to public service and want to work and legal aid. Often legal aid often must choose higher paying jobs in the private sector. The state agencies or other nonprofits that pay more than legal aid is able to pay. Some attorneys of color and those from low income backgrounds often graduate from law school with higher loan debt because of disparities such as less generational wealth. Legal aid organizations must raise salaries to be viable employment options for these attorneys. These are serious issues that we must address to ensure that people have enough qualified staff in place to serve low income people in need of critical legal services. MLAC distributes funding to 16 regional and statewide civil legal aid organizations across the Commonwealth.

These organizations collaborate together to gain from each other's expertise and to leverage their work as widely as possible. The network of legal services providers in Massachusetts is considered to be one of the best in the country. Legal aid organizations also serve as vital community partners for social service agencies. They provide expertise, training referral referrals and materials to other frontline advocates working with people experiencing poverty. Legal aid staff also work with community organizations to advocate for improving policies and systems that affect low income residents. During COVID-19 this has included advocacy related to addictions, food security and older adults in nursing homes, among many others.

In addition, legal aid organizations partner with private pro bono attorneys who augment the work of civil legal aid and expand their capacity FY 21 2395 pro bono attorneys collectively accepted over 3400 cases providing over 53,000 hours of pro bono work Worth over $11 million. In FY 21, which included the first four months of the pandemic legal aid organizations. Excuse me, I apologize. I'm very sorry, excuse me. Legal aid organizations funded by MLAC handled approximately 41,400 cases benefiting more than 92,000 people. In FY 21 legal aid generated $103 million in economic benefits to the commonwealth and its residents. This included over 91 billion million benefits in direct benefits to clients.

Investing in legal aid is clearly excuse me A smart investment. By protecting the rights of low income residents and addressing issues before they become more complex and urgent legal aid saves money for low income people and for the state. We are heartened and grateful for the increases in funding for civil legal aid, but legal aid organizations still lacked the capacity to serve everyone who qualifies for and needs civil legal help. A $6 million increase for a total $41 million in FY 23 would make a significant and meaningful difference. Funding for civil legal aid is clearly vital to our state and our local communities. Legal aid organizations are the backbone of equal access to justice in Massachusetts. Before I conclude, excuse me, I want to be sure, oh my goodness, I'm just having a really hard time here and I apologize.

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PARKER - I really want to make sure that I thank the legal aid staff across the commonwealth who have worked so tirelessly and relentlessly throughout the pandemic, often at the risk of their own physical and mental health to advance and protect the legal rights of low income and vulnerable people. Thank you again for this opportunity. I really thank you for your leadership, especially during the past two years under very difficult and challenging conditions. And I ask you again to please allocate $41 million for civil legal aid in the FY 23 budget. And I so apologize for my difficulty

the end of the day and I just grab I'm so sorry. I wanted to say that we are also submitted written testimony

WILLIAMS - House 2 level funded uh, Mass Legal Assistance Corp has Covid exacerbated the need for increased funding for civil legal aid in the commonwealth.

PARKER - Yes. We expect that to increase and we're seeing the numbers increase as we're projecting them going into FY 23 um, that the numbers will, you know, increase by Approximately 20%. And in particular areas that I referenced in my testimony as well.

WILLIAMS - Housing has become a significant issue as a result of the pandemic. Housing cases have always made up a large percentage of all civil legal aid cases. But how is the pandemic impacted the number of housing cases Mass Legal Assistance of Corp legal aid service organizations take on.

PARKER - Sure. So, thank you for that question. Um, so based on the data that we're looking at right now, um, that we're projecting, as I said, a nearly 20% increase in cases over FY 21. Um, we're projecting as high as a 50% rise in rise in housing cases specifically, Including a 42% rise in federally subsidized housing cases. I think the other thing that's really important to mention too is that that often um legal aid organizations are having to make very, very kind of critical decisions and triage decisions about who they can help because they cannot help everyone. So, um there they're making these decisions knowing they cannot help everybody. That is facing a serious housing issue.

WILLIAMS - Okay, thank you. Do you have in Springfield, I know that you didn't have a physical office. Right, But they had folks working in the courthouses that was pre pandemic, is that still the case? How does the

PARKER - Community legal aid serves that area. So, they have offices all throughout Worcester Springfield, they have seven different office six or seven different offices throughout that region. I Can certainly get you specifics about,

WILLIAMS - I need locations for specifically Springfield because last time I checked they were I think they were some of your staff people were at the courthouses and then they talked to clients or that I forgot how it went.

PARKER - But so um yes, so throughout pre pandemic and throughout the pandemic, um there have been a lawyer for the day programs that exist in many of the courts so that if people have not reached out to obtain a lawyer prior to and they're in court, they have the ability to seek assistance from an attorney who is physically in court that can either provide them assistance or representation. During the pandemic those services were provided remotely through Zoom access. And uh it's sort of, it varied according to courts, the level of attorneys that were available in each court.

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BILL CAMPBELL - OCPF - I'll go real quick I think ideally the Office of Campaign and Political Finance. Its goal is to educate candidates and those working on campaigns. The last thing I think campaign finance law should be as a barrier to somebody who is an earnest individual interested in taking it taking an active role in the democratic system. Over the past year some of the steps we've taken to try to increase education is we're making the offices self service self service as possible. We have reorganized and simplified the website. We have developed a general search bar so you can go online and and put in the topic and be able to pull that right up. We're enhancing the online reporting system to improve the user experience and provide more data to the public. We have over 200 videos, instructional videos and we're developing illustrated guides guides to accompany those.

Our weekly training went online with the pandemic and we're gonna continue to do that online because we think it provides more people the opportunity to receive training with fewer obstacles and time and money. We're also upgrading the required online treasurer training and we'll launch that in the next few weeks. We're a small department we have 16 staff members. We focus on five areas legal audit IT Finance and communications education. I'm working to further integrate the departments to more fully utilize personnel and resources to meet ongoing needs. As you know, with the recent legislation, all statewide House and Senate county mayoral city councilors in the 17 largest cities and political action committees filed through the depository system.

During FY 2020, the agency reviewed 15,711 bank reports. 21,669 deposit reports, 67,813 expenditure transactions 407,556 receipt transactions. The more education we do, the more inquiries received for guidance and also received complaints from communities and we're trying to get out in front of these issues with enhanced communication and education to eliminate concerns. We also have been the office has been since FY 2018 almost exclusively electronic contact with candidates. But we're going to revert to some paper some paper notices because we had about 13% of our filers missed the year end report and that's mostly due to them being being an inactive campaign that still had reporting requirements. And we just we don't want to Catch trip people up. We want to get information out best we can.

This year we have the state election campaign fund that we'll administer for the statewide candidates. It was just under $1.1 million 2018 and we expect a similar amount this year. Our budget currently is $1,874,060 and we're requesting a budget of two million $2,034,060 so that we can increase our education outreach efforts to fund a new position and to fund an anticipated requirement and then nominal salary adjustments. Um With the new with the new legislation we we we do need to do more um education that position will help it. Also when I came in the office I found that there were some areas that could use further back up the finance CFO doesn't have somebody to back her up in the in the communications education staff member also doesn't. So I just want to kind of um solidify some backing for them. I appreciate I appreciate your time and I and I admire your stick-to-itiveness today and I ask respectfully that you support the budget that we requested and I'll answer any questions you might have.

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MOORE - Um Yeah so the increase in funding that you're looking for, what would that basically cover

CAMPBELL - Approximately $70,000 for a new position. Approximately $40,000 for retirement and approximately $50,000 for salary increases.

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LIAM LOWNEY - VWA - Thanks Nancy. Nancy and I always spend our Ways and Means hearings together. Um so this is a yearly thing. Chairman, Moore Chairman, Williams I'm Liam Lowney I'm the executive director of the Massachusetts Office for Victim Assistance, which is governed by the Victim and Witness Assistance Board. Um and uh so thanks for having me here today and thanks to the committee. Um On behalf of our office and and the board, we're focusing this year on seeking a $60 million request to basically maintain victim services in Massachusetts um through what we're calling the VOCA bridge. Um and while typically I get up and I talk about our administrative line and I talk about our safe plan line. My focus today is the VOCA Bridge. Um and I'll tell you about that and what that is.

Briefly the Mass Office for Victim Assistance I think as you know, we're an independent state agency uh and we support um and empower crime victims and witnesses across the commonwealth through education, um policy advocacy and as well as administration of funds. And the single largest pot of funding that we administer is called the Victims of Crime Act funding, which we shortened to VOCA. So the VOCA bridge that I'm talking about is a multi year $60 million funding request that we made to the Legislature to bridge the impending cuts that the Victim of Crime Act programs um in Massachusetts funded programs in Massachusetts are going to be facing. Um, the reality is on July 1st of 2022 all programs that we fund and we fund 261 programs across the state, um, will have services and staffing reduced without this critical investment by um, the state.

Um, and we anticipate continued productions through FY 25. VOCA briefly um, is a federal funding stream that provides free services for crime victims. We fund everything from rape crisis centers to domestic violence programs, child advocacy centers, homicide bereavement programs. We actually have a fantastic partnership with MLAC um, Lynne who just testified that's called CLAVCOP, which is a Civil Legal Assistance for Victims of Crime Program that we funded hires 28 attorneys and legal service offices across the strait state just to work with crime victims. We have a great partnership with the Disabled Persons Protection Commission Nancy, who's, who's coming next to fund program. So these 161 programs last year served over 96,000 victims in Massachusetts.

And so it's a critical uh, funding source for us and for crime victims. The reason we're facing difficulty and the reason I'm talking to you about a federal funding stream is because the way VOCA works is it's non taxpayer money and at the federal level, the US attorneys across the country about five years ago began changing the way they settled federal cases and VOCA is funded from offenders prosecuted at the federal level which are typically white collar cases and that's where the large amounts of dollars come from. And um the pot of money that's been going out to all of the states 50 states and six territories and DC Um have seen reductions in grants over the last three years. The grants that we're putting out that we have we received this year is 35% less than we received the year before and 50% less than we receive the year before that.

So over the last two years we worked with Congress and the the the Senate um and last July President Biden Signed the VOCA fix to Sustained Victims Act of 2021. We were leaders in that effort. Um and what that did was it changed the way that um the money goes into the fund so that the new the way that US Attorney's offices are prosecuting these cases can direct money to the crime victims fund and that's been causing um all of these deficits. But what it doesn't do is fix the three years of bad grants that we or reduced grants that we've gotten over the last three years. So on July One, our programs without this without some state bridge funding are going to be facing um significant significant cuts and those will begin on July One. Um Obviously that impacts services we're talking about that I just listed the types of services, but it's not just services. These are jobs, they are lawyers, advocates, social workers, clinicians that show up at a rape crisis center domestic violence program every day.

Um, typically not paid very well, but they're doing it because they want to make a difference in their community and they are doing it because they love their work. Um, and on July One, they may not have a job or shortly thereafter. It's worth noting that Covid, everyone has talked about Covid today and the impact of Covid. We know that Covid has disproportionately impacted the same communities that are disproportionately impacted by violence. We know that it has caused um, increased difficulties for survivors of domestic violence. It's created a backlog in child abuse reporting because of the new numbers of kids that were not facing mandated reporters uh, the whole time that they were in isolation. And that influx is coming now.

We know that you heard everybody has been talking about the backlog in court cases. While all of those court cases that are violence have a crime victim associated with them who is waiting for a case to go to trial, Who needs either an advocate to help them with their housing situation or a counselor to help them with the trauma of their their experience.

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MOORE - So I know the House in the sub that was approved, I think didn't they approved 20 million.

LOWNEY - Um, they did not mr chairman. You'rE correct The governor had put it in his. And it hadn't come through the House. We have word. It may. Um You know, I know the Senate's looking at that sup later this week. Um and certainly we are hopeful and advocating that some of that funding go there. But this is one of those issues that we don't want to miss an opportunity to talk about how important this is. Um and also that a one year fix doesn't fix the problem. This is going to be an issue.

MOORE - That's the question I had for you. So this can be done on a yearly basis. It's got to be done three years right now.

LOWNEY - So the while certainly we're gonna be grateful for whatever support the Legislature can can give us the way that we work with these programs is we are we have we issue a contract. That contract starts on July One and goes to June 30 the next year. And so if every year we're trying to work within the state budget process um we're going to be in the same boat where we're trying to where programs are trying to decide whether they can continue to fund their um staff. So that's problem one. The other problem is the decisions made for these grants are made. We make them, you know, we're making our recommendations to the board. We've already pushed that process out. We're making those recommendations in May so that we can notify programs because they need to notify staff whether they have a job in July or whether they don't.

And so that's part, that's the reason we're looking at it um, from a three year standpoint and we do believe that the crime victims fund at the federal level will be um, we're very hopeful that it's gonna rebound and that's why we're talking about it as a bridge. This is not an ongoing investment from the Legislature we're just looking to uh, to the state to help us get through the next three years.

MOORE - Okay. All right, thank you. My main question was the one year to three years.

LOWNEY - So thank you. Oh, yeah, no problem. Thank you. Um So the last part I just wanted to explain about Covid was it really shifted like every other industry, it shifted the way victim services are provided. Um, obviously when everyone went remote, so did advocates, the courts closed down, advocates were working over computers that increased the accessibility from actually to many survivors, to services that they never had before. They didn't have to walk into a court office to meet an advocate. They did it online and over the computer, which is a wonderful thing. But as the courts have opened up, those advocates had to return to the courts. Um, and so now we have the opportunity to continue to provide services remotely while also trying to meet the needs of survivors in courts, hospitals, police departments across the state.

And so it's it's absolutely the wrong time for us to be cutting programming and as I already said, we know how impacted survivors are. So I've already gone on way too long. Thank you for the opportunity to testify before you. As as I said this is a we're really looking for a short three year fix. This is not going to be an ongoing request from us um and thank you for consideration and I'll take any questions that you may have.

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NANCY ALTERIO - DPPC - Okay good afternoon. Um and you know I'm pleased to report, I'm saying good afternoon and not good evening, good afternoon, Chair Williams Chair Moore and distinguished members of the joint committee. My name is Nancy Alterio and I serve as the executive director of the Disabled Persons Protection Commission or the DPPC. Um before I begin my brief testimony, I just want to mention that DPPC is receiving uh a VOCA grant through Mass Office of Victim Assistance what um the program that Liam has mentioned and that program at the Disabled Persons Protection Commission serves sexual assault victims with disabilities. And through the funding through MOVA we've been able to hire sexual assault victims with intellectual and developmental disabilities along with navigators to make sure that any and all sexual assault victims with disabilities get access appropriate access accessible access, effective access, meaningful access to trauma services.

And the program is is 4-5 years um in the running and it's been doing a fantastic job to make sure that we're meeting the needs of sexual assault victims with disabilities. So a shout out to um the funding that we received from the Mass Office for Victim Assistance. Thank you so much Liam. As you know, the DPPC is the independent state agency that is charged with investigating and remediating allegations of abuse of persons with disabilities across the commonwealth between the ages of 18 to 59. The DPPC is grateful uh for the support that the Legislature Governor Baker and his administration has recently provided to the DPPC. As DPPC has long been woefully underfunded and understaffed. Pursuant to the Legislative directive I have provided this committee with a written report about how these critical funds have been used. In addition to detailing DPPC's continued needs.

To add some context In fiscal year 2000 and 17, the DPPC. Had only 30 for employees to operate a 24 hour seven day a week hotline Uh investigate abuses and ensure the necessary protective services of persons with disabilities. Our agency receives thousands of yearly calls to our 24/7 abuse reporting hotline oversees and investigates thousands of allegations of abuse ensures safety for victims and provides outreach and training for adult protective services providers, law enforcement persons with disabilities and others. With only 34 employees Keeping some of the commonwealth, most vulnerable residents safe from abuse was incredibly daunting task and near impossible at this level. Over the last five years with the continued support and dedication of the administration and you the Legislature, the DPPC the DPPC's budget has grown and we have been able to on board staff across all departments to more effectively combat the abuse of persons with disabilities.

From our 34 employees in 2017, the DPPC has utilized funds to add critical staff across all units including our intake investigation and oversight units. However, we need to continue to move forward and add the additional resources necessary to meet DPPC's mission requirements and support of the protection of persons with disabilities who are being abused and neglected at alarming rates. Based on current data comparing fiscal year 22 to 21 DPPC projects a 25% increase in call volume, a 17% increase in death reports a 33% increase in case assignments a 45% increase in completed abuse investigations and a 33% increase in protective services. As you know. And thanks to your support, Nikki and Dana's law was passed. Thank you very much. Senator Moore and DPPC was charged with creating and implementing an abuser registry.

The abuser registry maintains a list of care providers substantiated for abuse against individuals with intellectual and developmental disabilities. Since the abuse since the abuser registry became effective on July 31st 2021 184 organizations have signed up to access the abuser registry. Those Organizations have created 524 user accounts and have already completed over 16,000 search searches. The registry that the legislature created does work. The first abuser was added who was substantiated for very serious abuse. He was found to be working with a new provider agency and because of the registry that abuser was subsequently removed from that position and can no longer work with persons with intellectual and developmental disabilities.

There are currently 10 individuals listed on the registry and we anticipate that this number will grow each and every month. And next and working with you, we are looking to expand the registry to cover all disabilities served by the DPPC not just victims with intellectual and developmental disabilities. Fiscal year 23 represents a milestone for the DPPC for adult protective services in Massachusetts, for the governor, his administration and most importantly for the safety and well being of persons with disabilities. Although we have come a long way we still have more work to do. With such a high demand of services and the overwhelming need to remediate abuse against persons with disabilities. We are requesting DPPCs line item 1107 2501 be funded at 10,492,000 in the Ways and Means budget. As detailed in my written testimony. DPPC has demonstrated what we can do if given the resources to do it and what still needs to be done. Thank you for your time today, your interest and your ongoing support of persons with disabilities.

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WILLIAMS - And I know you talked about the you do have the hotline.

ALTERIO - Yes.

WILLIAMS - Has that been successful?

ALTERIO - Yes It has. We the calls increased every single year to our to our 24/7 hotline. And we recently added um um a web direct form where folks can file reports online as well.

WILLIAMS - Beautiful. What's your caseload? Can you tell me that?

ALTERIO - So in uh as far as the call volume with our hotline

WILLIAMS - It could be just total just what your call log

ALTERIO - Yeah We received in fiscal year 21 we received almost 19,000 reports to our hotline. Um That is resulted in you know 12,000 abuse reports. Um a portion of those were information and referral calls Um people because the word disabled is in the title of our agency. We get a lot of calls people wanting to know about other services and so we do try to provide um any caller with those resources. And um we received 1,462 death reports in fiscal year 21.

WILLIAMS - Any need for additional funding for your agency in fiscal 23.

ALTERIO - Yes. So we are looking Yes we are looking for additional funding um of 2.13 million over the House 2 budget recommendation Of 8.372 million.

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MOORE - Thank you. Mr. Chairman thank you for your testimony and the information. Um So I guess the I'm glad to hear the registry is working out well it took many years for all of us in the Legislature, working with yourselves and my colleagues everyone to get that through. So I'm very happy it's working out. I guess one question the abuse registry when you talk about expanding it out would that cover seniors also.

ALTERIO - Uh Not at the not that are because it's probably something we could discuss and consider and we would probably need to involve Executive Office of Elder Affairs. But right now the Disabled Persons Protection Commission investigates abuse against adults with disabilities only between the ages of 18 and 59 years of age. So we would have to and uh agencies of Department of Mental Health and the Department of Developmental Services also investigates abuse under their regulatory authority. You know, for those that are 60 and older. Um So it's definitely a discussion we can have to see if we can pull in some of the elders that are served by you know DDS and DMH and and Mass Rehab Commission, uh you know, we think it is a significant gap that should be looked at.

MOORE - If you can come offline and make an appointment with my office to see if there's something we can do for you.

ALTERIO - That would be wonderful. Senator. Moore Thank you.

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MOORE - So I guess not to change topics. But what do you expect a decline in any cases that are called in the fact that we're getting back to some sort of normalcy.

ALTERIO - We're actually receiving seeing the opposite at the Disabled Persons Protection Commission. We're we're seeing a significant increase again. Um looking at just comparing the first, what is it eight months of fiscal year, 22 to 21 um We're seeing a 25% increase in in reports to our 24 hour hotline. We're seeing a 17% increase in death reports, a 33% increase in case assignments. So that those are significant increases.

MOORE - And I heard you and I heard, I heard you mention that previously were and that's sad that we're seeing those. But I was just, I was just kind of surprised. I would have thought that we would have seen more hotline cases called in during the pandemic because people people are homebound or

ALTERIO - Yeah. And and and when the pandemic first hit, you know back in March of was that 2019? Um 2020 So we were we were projecting about I think about a 18 to 20% increase in calls to our 24 hour hotline at that point in time looking at the data up until through February. And when everything shut down Um we actually saw in in that fiscal year 20 to 21 we saw a 1% decrease in our call volume. We were anticipating an 18% increase but when when Covid hit. And we attribute that to because persons with disabilities didn't have eyes on um you know a variety of eyes on they weren't going to the Day program. They you know um um you know and transportation and um going to medical appointments, you know a lot of stuff was on Zoom. So we think a lot of that was attributed to it's just not having as many eyes on individuals with disabilities.

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HOLMES - Thank you. I guess my question is in that same vein. It sounds like you kind of answered it but I just want to make sure When I hear an increase of 45%. Is that because you're believing that one, people did like all of us, we didn't go to the doctors the way we wanted to shut up and all the other stuff. Are you feeling that 45% happened because you didn't get the 18 plus what you should have gotten Last year is 19 on top of that 18. And that's how you get to. That's a radical number of 45. Or was it just like the pandemic has just caused a lot of stresses and things in life? Or is it all just kind of a combination of it all?

ALTERIO - Um So with regards to the percentages that I highlight was looking at real data, you know comparing the first eight months to fiscal year 21. So that's that's the trend we're looking at now. But all of those factors that you mentioned is likely a contribution um to persons with disabilities um um being abused or or the lack of um a lack of it being reported to the Disabled Persons Protection Commission. And persons with disabilities. You know have challenges in reporting abuse, Physical challenges, communication challenges. You know access challenges and those are probably all magnitude uh those are probably already magnified you know during the pandemic. Less access to the public. Less access to resources.

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