2023-06-27 00:00:00 - Joint Committee on State Administration and Regulatory Oversight
2023-06-27 00:00:00 - Joint Committee on State Administration and Regulatory Oversight
(Part 2 of 3)
SHOW NON-ESSENTIAL DIALOGUE
[PART 2]
SPEAKER1 - h 3007.
Kristen Gowen. Cowen.
h 303030,
Greg Beaman.
SPEAKER2 - There we go.
SPEAKER1 - There you are.
SPEAKER3 - Thank you very much.
GREG BEEMAN - ASSOCIATED BUILDERS AND CONTRACTORS OF MASSACHUSETTS - HB 3030 - SB 2034 - HB 3086 - Good afternoon. Thank you, Chairman Cabral, Chairman Collins, Vice Chair, Tyler, for the opportunity to be here. My name is Greg Beeman with the associated builders and contractors of Massachusetts, and we represent 480 contractors and related businesses who69 employ 25,000 men and women throughout the Commonwealth. We're here to register our opposition to House 3030, and the companion Bill Senate 2034, an act relative to the definition of fraud in public construction bid law. These Bills seek to create a new and unique definition of fraud for public construction, and this legislation stems from the Mass Supreme judicial court ruling of 2010 entitled Fortis versus the town of Hanover. In this case, the meaning of fraud was examined and that issue was whether a contractor misrepresented its prior work to a prequalification committee. The SJC ruled it for the purpose of the Mass bidding laws, the common law definition of fraud is what applies with, 'its ordinary and approved usage.'
As such that in order for fraud to be committed, any false representation must have been relied on to the detriment of the alleged injured party in this case, an awarding authority, we believe this makes good sense. The new134 definition of fraud proposed in136 these two Bills instead states that any false representation does not have to be relied upon in order to constitute143 fraud. So the allegedly fraudulent information does not have to even affect the outcome, which in this case would be the decision of the awarding authority in order to be considered fraud. The Common law definition of fraud has been the accepted standard in Massachusetts and across the country for decades and is a well established part of our legal precedent, we believe this should remain the standard. Under the new definition of fraud proposed in these Bills, honest contractors could be sanctioned as fraudulent as a result of unintentional mistakes or omissions that do not affect the decision of awarding authority. This, we believe is unreasonable and does not enhance the public good. We believe the common law definition of fraud should remain the standard. And for this reason, we also wish to offer our port for House 3086, which codifies the continued usage of the common law definition in the state's public bidding statutes. I thank you very much for the opportunity in your consideration. SHOW NON-ESSENTIAL DIALOGUE
Thank you very much for your testimony. Any questions on the committee? See you now. Thank you very much for your testimony.
SPEAKER3 - Thank you very much.
SPEAKER1 - Next 3032 where we have Trish Boyden.
Bill. Hi
SPEAKER4 - there. Can you hear me? Hello?
SPEAKER1 - Oh, okay. It's virtual. I thought it was in person. Go ahead. Yeah. I have it right. It's virtual. Go ahead.
SPEAKER5 - Okay. Hi.
TRISH BOYDEN - UNITED STONE AND SITE - HB 3032 - So thank you,234 Chair Cabral, and Chair Collins. I also want to just shout out quickly, Bill Galvin, my State Rep, he's been dealing with me in this since 2016 when I walked into his office and thought we could just insert language into Mass General law because I saw that there was no law saying that owners had to pay for work performed outside the scope of contract and public work. So I'm263 Trish Boyden, I'm President and part owner of the United Stone and Site, we're a union stonemasonry company, we are signatories with bricklayers, laborers, and operating engineers, and the bulk of our work is state agencies like the DOT, DCR, and MBTA. DOT and DCR are great,284 MBTA is a little dicey with getting paid, especially for work performed outside the scope of contract. So two years ago, I testified I believe infront of the Ways and Means means committee and, I guess, and with that, I just point out two examples. Back a few years ago now, we were in Fitchburg working for the T, we did over $7000 worth of313 work in T work, signed slips, and we never got paid even though the stone was there and the labor installed the stone. So, you know, you're not going to sue over $7000, it's kind of you you just suck it up and go.
Another bigger job was the MBTA government center job, again, now a few years back but the same thing, we left341 about 10k on the table there just in order to get about 20k. In terms of work performed outside the scope of contract, this isn't new, this isn't unique to us. Every subcontractor, every contractor, chases money performed outside the scope of contract. I know the T is trying, they just started a prompt pay situation back in February of this year, and we're doing a T job right now, and it's going well. I'm not just slamming on the T, those are just my examples. It's common sense, we need something that says we need to get paid, first of all, but also promptly. Back in 2010, prompt pay for a private work was enacted into law, and I'm hoping that we can do that for public work. So I hope subcontractors and general contractors have your support, and thanks so much. SHOW NON-ESSENTIAL DIALOGUE
Thank you very much for your testimony. Any questions for the committee? See you now, and thank you very much. And we have now Jim Walsh?
JAMES WELCH - ASSOCIATED SUBCONTRACTORS OF MASSACHUSETTS - HB 3032 - Chairman Cabral, Chairman Collins, thank you very much. My name is Jim Welch, I'm the executive director for the associated subcontractors of Massachusetts, and I am here to testify on behalf of House Bill 3032. As Trish Boyden just testified her company, and she is a member of ASM, and we're here to testify on behalf of the Bill as well. ASM is an association of nearly 300 trade contractors, both union and open456 shops who perform most of the work on large scale construction projects across the Commonwealth in both the public463 and private sectors. House Bill 3032 is a particularly important piece of legislation for our members and for all contractors who perform public construction. Very simply, this Bill is intended to help476 contractors, many of them who478 are small businesses, including minority and women owned businesses, receive timely payment for extra work performed on a construction project.
This extra work often called the change order work can take many forms, but is normally additional work that was not part of the original plans and specifications or the contract at the outset of the project. Change orders are common in construction and are used when these unforeseen circumstances arise on a job site. Contractors perform this additional work because it is needed as part of the job, however, receiving payment for that additional work can be a problem. Our members continually report to us that slow payment for this additional work is a top issue for them. It impacts their ability to meet weekly payroll requirements, pay suppliers, and vendors timely, it affects their ability to financing and the ability to bid on536 future work. Timely payment is essential to keeping540 the cash flow needed to run a construction this. The approach used in this Bill is not a new concept. In fact, it is based on the Massachusetts prompt passed into law in 2010, that law only applies to private construction work. House 3032 would bring the same statutory framework over and apply it to change order work in public construction. This Bill does not say that a contractor is automatically entitled to payment, it simply puts in place a structure to improve the flow of payments by providing reasonable time frames for owners and contractors to respond to requests for payments.
Under the Bill, owners would be required to process payments or contest the amount owed but would be required to do so within a reasonable time period and provide notice to the contract. Receiving a response within a certain time frame would provide contractors with the assurance that their599 change order work is being processed and will be resolved timely. Passing this Bill will greatly help many contractors and allow those who wish to work in public construction to be successful. In fact, knowing the payment process is timely and predictable would encourage more small contractors to expand into public construction, creating more opportunity and more competitive bidding. We urge you to support this Bill and give it a favorable report as the committee did last session As you know, Trish Boyden, who just testified, again, is a member of the associated subcontractors of Massachusetts, and we firmly stand behind this legislation. We thank you, Chair Cabral, and Chair Collins, and all the members of the committee for hearing our testimony. SHOW NON-ESSENTIAL DIALOGUE
Thank
SPEAKER1 - Thank you very much. Any members of the committee, Senator Collins.
SPEAKER7 - Thank you, Jacob.
Welcome back to the State House.
SPEAKER8 - Thanks.
SPEAKER7 - Jim and former Senator Welsh. This issue seems
SEN COLLINS - We heard a few hearings ago about a similar issue that I've actually filed legislation on about the timely payment of details, similar challenge for contractors that are being asked to meet the needs of the Commonwealth. I think this sounds that there's two sort of issues with bidding. One, that, you know, the low bidding drives folks both on the agency side to not necessarily foresee what is likely to be quite a bit of change orders and then not providing that upfront funding. I can only imagine what it does to small businesses, so it has my support. Thanks. SHOW NON-ESSENTIAL DIALOGUE
Thank you, mister Chairman.
SPEAKER1 - Thank you very much. Anybody else from the committee? Nope. Thank you very much. Thank you. Thank you.
Bill 3041.
We've signed up to Mars Gonzalez.
1st of all -- Thank you.
Go ahead. -- Churchill.
SPEAKER8 - Alright.
TOMAS GONZALEZ - AMPLIFY LATINX - HB 3041 - Thank you to the Chairs, Senator Collins, Representative Cabral, Vice Chair, Senator Lovely, Representative Tyler and all the other distinguished members of this committee for the749 opportunity to speak on behalf of H 3041, an act to redefine exclusive contracts to be inclusive to minority goals. My name is Tomas Gonzalez, I'm the director of advocacy for Amplify Latinx which is a statewide organization focused on supporting public policy changes that create economic prosperity for Latinos in the Commonwealth. With a network of over 6000 multiracial, multicultural Latinos born here and abroad, our mission is to build economic and political power by significantly increasing the Latino community's civic engagement, economic opportunity, and leadership representation across the state. As such, Amplify is in full support of House Bill 3041. This piece of legislation is a major step towards long term business equity and leveling the playing field for all minority owned businesses by setting a percentage goal that will enable minority business owners to create a more diverse workforce in all sectors and will create new opportunities for our future workforce. This type of redefinition of opportunity and access will allow for the economic prosperity by all communities of color in the contracting opportunities with the state, it would be a standard worth meeting.
Currently, there are thousands of minority owned businesses in the Commonwealth that will be eligible to team up with other small businesses to pursue these contract opportunities. This Bill will enable them to pursue those joint opportunities but H 3041 does much more, it would require all inclusive contracts negotiated by the state to include their minority participation goal, which would be a game changer because it would give minority businesses a fair chance of winning these contracts. H 3041 also supports underrepresented demographic within our state's business ecosystem by allowing more minority contractors to participate in capital construction projects which will not only financially support this segment of the industry, but make the industry more diverse. Having more minority contractors in our communities will help bipoc students who are interested in construction and in the870 trades to work for a variety of minority owned construction companies that would surface and that will benefit from H 3041. Because as you know, government contracts are a major way for all minority businesses to build this customer base, increase revenue, and position itself for future growth. We at Amplify are in support of HB 3041 and hope that you vote it out a committee favorable. Thank you. SHOW NON-ESSENTIAL DIALOGUE
Thank you for your testimony, anybody from the committee. No questions. Thank you for your testimony. Next, we have in
we have Senator Pacheco on 20522055.
SPEAKER2 - Thank you very much, Mister Chandler. Can you hear me?
SPEAKER1 - Yes.
SPEAKER2 - Yes. Good.
SEN PACHECO - SB 2052 - SB 2055 - Thank you very much, Chair Cabral, Chairman Collins, and members of the committee. I am here to testify on Senate 2052 in favor of legislation which asked during the procurement process that we look at projects relative to their entire life cycle operational costs, maintenance costs,944 and replacement costs when we're dealing with different technologies that the state is procuring, in particular when we're trying to get to a net zero clean energy by 2050 that we need to be looking at and comparing the traditional cause of fossil fuels and renewable energy technologies which will, undoubtedly be less in particular when you look at a project over its life cycle cost. Senate 2055, improving government accountability in Commonwealth, Massachusetts is legislation that the auditor of the Commonwealth, Auditor Dizoglio, and former Auditor Bump have both worked on in the proposal that is before the committee is very similar to proposal that we had before as last year and it just improves the whole system of accountability and clarifies various sections of the statute. For example, just trying to get requests from agencies sometimes it will take more than 10 days just to get a simple request responded to. During the previous years that was very frustrating in terms of getting an audit actually accomplished and finalized. It also upgrades and updates some of the language that is in the present statute. A lot of this has also been worked with cooperatively with the controls office and so I would ask that the committee and the staff take a look at it, and I would be glad to work with you, Mr. Chairman, and Mr. Chairman, to get this out so we can make sure we have the best governmental practices before us. Thank you. SHOW NON-ESSENTIAL DIALOGUE
Thank you, Senator Pacheco, or any questions from the committee. See you now. Thank you very much for your testimony. The committee appreciates it very much. Thank you. Well, We are going to begin testimony on senate 1979.
We have a long long list of testimony here. Both virtual and in person And in top of those who had signed up ahead of time, some more people signed in this morning.
So bear with us. It's gonna be a while. We're gonna try to get everybody in as much as possible. We don't wanna leave anybody without testifying. what I would say is because for the because the amount of individuals signed up is is huge.
I would say that you try to keep your testimony to the 3 or less minutes. If you you have another option, which is just submit testimony, I mean, electronically, if you wanna do that instead of parking today, or you just have the option of saying, I'm so and so. I'm from this community. You state your name and your address. and
and just say I support senate 19.
79. And that way, you don't use more than 5 seconds, and it1184 will help us leave here at a timely fashion instead of leaving here at midnight today. We are lucky that no other committee needed to use this for this this hearing room. So we'll be with you and try to get this all of you in. But I would urge you to consider being short and sweet and to the point. We understand this, by the way, this1211 bill Was reported out favorably by this1214 committee, by this cheer that1216 you're this speaking, and the previous chair the senate chair that was me and the members of the committee. So we understand the issue very well, and we support the issue. Okay. I'm seeing that upfront. But we do normally, I don't do that. since I did support it the last term, so I think it's public record.
We are going to start by by because of the logistics and the ability in the time is limited for those who are incarcerated, We're gonna start with them virtually, and then1259 we'll shift at some point to the rest of those1263 who signed up. This is something new, not only for this committee, but I think I don't know of any other committee, at least recently. that has taken testimony from in inmates from individuals who are presently incarcerated. We thought it would be important to hear from them.
I know some folks might think that because of their present situation, they don't have any rights. We happen to feel differently.
So Here we are. We're gonna begin. I'm gonna take I have to step out around 2 o'clock. I have a meeting, and my senate, Conor Collins will take over temporarily for until I I get back.
So we're gonna begin from MCI, I believe. The first person on the list is and I if I miss don't forget to identify yourself again. In case I didn't quite pronounce your name correctly, it's important for us to know and get that those names correctly. We're gonna start with Chitamara
Thomas. Chitira. Okay? Thank you. That's alright.
SPEAKER10 - Hello. It is Chatera Chairman.
CHATERA THOMAS - MCI FRAMINGHAM - SB 1979 - My name is Chatera Thomas, and I have been incarcerated here at MCI Framingham for 17 years. Initially, on a natural life sentence, but now on a 1g to life sentence. Today, I'm here testifying in support of the jail and prison construction moratorium, S 1979 Bill. I ask the committee to report off the Bill favorably and work to pass it into law soon as possible. MCI Framingham is the oldest prison in the country, and, yes, it does have a lot of problems as far as maintenance is concerned but the problems here go a lot deeper when you look at the sole purpose of what this prison is supposed to do and that is to reform and rehabilitate. When I first came to MCI Framingham in1390 2006, there were so many programs, workshops, support groups,1394 and activities bursting at the seams in this place. I myself have received my bachelor's degree from Boston University, my 1000 hours in cosmetology, which is a program we no longer have, and I received safe foundations certifications from the culinary arts program. But within the last five to eight years,1415 there has been a significant decline and what could1418 be or should be offered here to the woman1420 in Framingham to better themselves1422 and transition back into society.
All of the women here could be moved out of prison tomorrow, but it would not do really good to any of us because the internal problems here in Framingham are far more greater than the physical surface problems.1439 Instead of a new1441 $50,000,000 prison for women, our state could invest in so much more to help incarcerated and formally incarcerated women. It could help to get the bachelor's degree program back into MCI Framingham and to the other prisons. It could also help to bring a master's program into the prisons to really prepare people for success. Some of that money could go into getting more trades here in Framingham, like building trades, computer IT essentials, cosmetology and plumbing, and it could also help with the reentry services that we desperately need. Last year, I walked a good friend of mine, Angelia Jefferson down to admissions with joy in my heart and hope in my veins because after 32 long years, she was being released. Angelia was initially sentenced to natural life and had for so many years believed that she was going to die in prison, but her case was overturned, and she was released on parole through the grace of God, and she is fighting so hard for the woman at Framingham.
Angelia is not home because of a new $50,000,000 prison, she is home because of awareness and the National Council of incarcerated only incarcerated women, families for justice as healing, and new beginnings, reentry services, fighting the good fight to get deserving women out of prison so that they can be better leaders in their community. On June 14th, Governor Maura Healey came to MCI Framingham and a lot of women here had the opportunity to meet with her. We had the chance to express our concerns about the Department of Corrections, the lack of programming here at the institution and what we felt we needed to better ourselves in prison. No one and I do mean no one expressed their need for a new prison because we don't want a new prison. We want people to find a way1558 of thinking in regards to our well-being as human beings. Almost every woman I've met and have gone to know in Framingham is extremely remorseful and has taken accountability for the crime they committed that put them here.
The lifers and other women that are doing monthly sentences have never been arrested or charged for any other crime than the one they are here for right now. There is a huge difference between being a criminal and committing a crime and if this was taken into consideration, the prison population would decrease. Together, we can find other alternatives in prison where families can stay together, and offenders can right their wrong. In closing, I ask the committee to please pass the prison moratorium and also address the concerns of women inside Framingham. Massachusetts must focus on allowing women to return to the community and investing what us and our families need to thrive. Thank you. SHOW NON-ESSENTIAL DIALOGUE
Thank you very much for your testimony. Any any member any questions from the members of the committee? Just wanna urge, please stay under the no more than 3 minutes, so we're also not gonna get through this hearing today. You might have to adjourn and come back another day.
Pat Pat Olson,
SPEAKER4 - Hi. I will keep it under 3 minutes. I assure you. Okay.
PATRICIA OLSEN - MCI FRAMINGHAM - SB 1979 - Good afternoon, and thank you for allowing me to speak on such an important topic today. My name is Patricia Olsen, and I've been incacerated for 18 years. Today, I'm testifying in support of the jail and prison construction moratorium, S 1979. In my 18 years, I've seen millions of dollars spent here at MCI Framingham, the replacement windows alone, for the four units were was over millions of dollars, by itself, yet only one unit ever opened. You can't keep putting million dollar band aids on prisons that'll never help with the current problems or recidivism. For 18 years, I've seen programs dissolve, medical care worsen to where women become seriously ill and sometimes die. I myself would have to endure years of medical problems to the point where my intestines rupture in three locations, and I now have a clause coming back. At the age of 60 years old, still having intestinal problems and serving a life sentence with the chance of no parole, I'm scared of what else is going to happen to me, and if I'll survive. I've seen substance users return time after time because they're not getting the help that they need on the inside of these walls or outside in society. There was a lot of women here on Methadone, even women women been clean for 20 years are now back on methadone. They stand by the door waiting in what's called special meds to be called by the med line. This is just another form of addiction and another band aid on a serious problem.
Most women don't continue to use methadone when they leave here, they go back to using illegal drugs. They're not getting the help they need here now and building a new prison is not going to help either. Instead of spending $50,000,000 on a prison where incarcerated women are yet again locked up with no proper Medicare and rehabilitation, we need to look at alternatives like giving medical paroles and in life without parole. Granting clemency and commutations, giving parole hearings to women over the age of 55 that have served 15 years incarceration or more, allowing judges to send its individuals to treatment programs, especially if they relapse,1759 focus on mental health and1761 better medical care. Have more placed like new beginnings, reentry services. Have drug treatment programs in safe, secure places, not where drug dealers wait outside to sell to those going to those programs. Lastly, we need women to have programs that help with parenting, healthy relationships, and teach them a trade so they can make an honest living. I'm asking that you please consider alternatives rather than build another MCI Framingham, locking up women not only affects them, it1787 affects their children and family. When someone is incarcerated, so is everyone they love. Building a new prison puts the burden on the taxpayer, why not help women become productive taxpayer citizens instead? Thank you for taking time to hear me, I hope you consider alternatives instead of building prison, we're going to contract your benefits. Thank you very much. SHOW NON-ESSENTIAL DIALOGUE
Thank you very much for your testimony. Any questions from committee? See none Next is
SPEAKER14 - Thank you.
SPEAKER1 - Go ahead. What is it? Next is
Yamalie Mathmethrin, if I probably didn't pronounce your
SPEAKER15 - name correctly. Catherine.
SPEAKER16 - So Emily Catherine.
SPEAKER1 - Alright. Great.
SPEAKER11 - Okay.
SPEAKER1 - Go ahead.
SPEAKER16 - Hi, everyone.
YAMALIN CATHERINE - MCI FRAMINGHAM - SB 1979 - Good afternoon, everyone. My name is Yamalin Catherine, I've been incarcerated for a total of 13 years, nine of which have been spent here at MCI Framingham. I'm here today to speak in support of the prison moratorium. I believe legislators should focus on decreasing recidivism rather than furthering recidivism. Building a new prison would be going in the opposite direction because the more beds that are available in prison, the more those in power will feel that they're inclined to fill those beds. Instead, I believe it will be better to find1866 more efficient solutions. Most of the people, like myself, are first time offenders who are battling with underlying issues of trauma and substance abuse. These types of people would be effectively rehabilitated by the use of residential treatment programs, halfway houses for electronic bracelet monitoring as alternatives to prison. At the age of 17, I became incarcerated for my current crime. Truthfully, what I needed at home was support emotionally and intellectually, and I wasn't receiving that. While I have received support in those areas, I have since watched the programs that have helped me, restorative justice, bulk, Phoenix rising, and all the mental health groups I participated in gradually disappear. The main focus of these groups were in teaching us to obtain mental stability, taking accountability for our actions, and understanding the consequences of our actions. These are the things we need to learn in order to go back into society and be productive and not reoffend, yet it seems as if these groups are not prioritized, and what is best for us. In my opinion, building a new prison would be a complete misuse of money. That money could be better spent in improving the current conditions here at MCI Framingham or towards additional support programs to help with reentering society. I thank you all for hearing me out today, and I sincerely hope we take all the testimonies heard today into consideration. Thank you again. SHOW NON-ESSENTIAL DIALOGUE
Thank you very much.
You were quick. We appreciate it. Yeah. Any questions from the committee?
SPEAKER18 - I know there's times I wanted to like be quick.
SPEAKER1 - See you, Don. Thank you.
Next, we have
it's Daisy, Anaru.
Anaru.
SPEAKER19 - Yes. Hi. Good afternoon.
SPEAKER1 - Anaru. Please.
SPEAKER19 - Anaru. Yep. Oh, you got it. It's good. Thank you. Alright.
DAISY ANARU - MCI FRAMINGHAM - SB 1979 - Good afternoon. My name is Daisy, and I've been incarcerated in MCI Framingham for the 1.5 of the almost 16 years into my life1984 sentence. I'm testifying in support of the jail and prison construction moratorium. I beg the committee to please work to pass it into law as soon as possible and stop the unnecessary use of your, your families, and all the taxpayers of Massachusetts hard earned money to build a new women's prison, a prison that is in no way being asked for nor needed by any of the women here. It's not more space that is needed as there are two completely equipped, totally empty, and reusable units that can house up to 60 women each, units that the administration have refused to open. Instead, just three weeks ago, for the sole purpose to triple bunk and sell that are barely big enough for two, a brand new four shower stall was built a unit that only had three, this was accomplished in four2031 days. The first of the two best examples proving the capability of repairs being made in a timely manner. The second and by far, the best example is when her honor Governor Healey visited the prison just two weeks ago, and repairs were made within two days prior to her coming. Why throw away all that money just to spend more on something that eventually prepares well? What is more important is that this prison house is less than 200 women and still can't provide access to professional health care that is tentative prompt and not delayed for weeks, even months, even when that care is for the ever going elderly. The lack of ability will only worsen if there are hundreds of more women creating more health problems and driver costs for health care without improving the quality. A new prison will not eliminate problems, it will multiply them with a larger population. MCI Framingham should remain open and be forced to continue making the necessary repairs. Thank you. SHOW NON-ESSENTIAL DIALOGUE
Thank you for choosing. Any questions on the committee seen on? Next is Aaron Lee.
SPEAKER19 - Thank you.
SPEAKER18 - Aaron Lee?
SPEAKER15 - Good
SPEAKER1 - evening. Go ahead.
ERIN KEIPPO MI - MCI FRAMINGHAM - SB 1979 - Good afternoon. Thank you for this opportunity to speak to you in support of the jail and prison construction moratorium, S 1979. My name is Erin Keippo Mi, I grew up in Seoul South Korea and immigrated to Vancouver, Canada when I was 18. I attended University of British Columbia and studied Political Science and International Relations. I lived and studied in Germany, United Kingdom, and traveled Europe, and North America, and Northeast Asia extensively. I came to United States to attend law school. I helped, and later worked for my then landlord who was a dishonest businesswoman because of her lies and greed, I was falsely accused and wrongly convicted and imprisoned. I have been incarcerated for almost 12 months. I am pursuing direct appeal through 29 sentence replication reduction and sentence review by the Ocala division of Superior Ford through 30 new trial and stay of the execution of the sentence. My trial and a valid attorney found at least 10 meritorious palate issues after thorough examination of the pretrial and trial record, including the trial transcript, police interview, evidence, witness testimonies. I'm innocent of this crime, in fact, I've never committed any crime in my life, and I can't wait to2222 be exonerated and see justice being2224 served. Many2226 women here in MCI Framingham are in the same boat, what we needed before we were incarcerated was thorough and meaningful representation, better criminal justice process, including bear minded district attorneys and judges.
For the last 12 months, what I observed when it comes incarceration is that it is a way of managing social problems by refusing to confront them, instead of solving issues, the system puts people behind bars. We can't deny that there are people in prison who have done hurtful things to others, but they are not the majority of prisoners. There are many reasons why people engage in criminal activity, sometimes out of malice, sometimes out of mental illness, sometimes out of self defense. No2279 matter2279 what a person has been convicted of, does it make sense to house hundreds of people together were separately in isolation cells, deprive them of contact with their families, deprive them of education, and then assume that this going to help rehabilitate them and help them to be a healthy part of society. We need to use our imagination to envision democracy that allow for the right to quality education. The right to live in a world where education is not a commodity, but rather a creative discipline that allow us to understand all the worlds we inhabit both human and non human, the kind of education that compels us to transcend the limits of nationalist patriotism in order to imagine ourselves as the citizens of the globe. Therefore, instead of a new $50,000,000 prison for women, we want our state to invest in educational programs, extended programming, and vocational training, and increase access to library. Thank you for listening. SHOW NON-ESSENTIAL DIALOGUE
Thank you very much for your testimony. Any questions on the committee seen on? Thank you very much. Next Robin Casale?
Robin Casale.
SPEAKER9 - it's gone.
SPEAKER1 - Go ahead, Robin.
SPEAKER13 - So just that,
SPEAKER12 - how you doing? Hello.
ROBIN CASALE - MCI FRAMINGHAM - SB 1979 - My name is Robin Casale, and I have resided at Framingham for 14 years. I want to thank you all for allowing me the opportunity to express why I feel building a new prison is not a good idea. The cultural toxicity that presides and resigns in Framingham is far more detrimental than the fully maintained prison that is Framingham. Yes, Framingham can use some repairs structurally, but the need is not imminent, what is needed imminently is accountability for status. We are a small community whether we like it or not, and those who govern over us have an obligation over our safety since they have control over us. As incarcerated individuals, we have taken accountability or at the very least, are being held accountable for our misdeed. That is our retribution once we are sentenced and then follows rehabilitation upon entering prison. In theory, I say in theory because there is nothing being offered in way of programs at Framingham, not even AA or NA, which is as basic as far as programs are concerned. There are no trades being offered other than culinary and nothing available in the way of restorative justice to incarcerated individuals to move forward. Even more pressing is the dire need for proper medical care. I have personally witnessed horrible tragedies that could have been prevented with medical intervention, those tragedies have only increased in recent years because no one has held these various insurance companies accountable.
Human lives should not be disguised or even disregarded by people who have taken oaths, and in this case, have signed contracts to do otherwise. Women who have been here for years and have aged poorly due to terrible mattresses, processed foods, and in general poor living conditions are not getting most of their medical needs met. That is heartbreaking, especially in a state that has less women prisoners than any other state in the country. This is a fact just like it is a fact that food women are served on the daily is inexcusable. To start with the food is negligible and even worse is fully prepared to be kind. I say to be kind since you will see, if you can't investigate that it is not only unsanitary in our central kitchen, but our food is constantly mishandled by the vendors that are contracted. These are, but a few of the many inadequacies we have faced with day after day. Do you truly believe building a new prison should take precedents over major issues? Think about how far $50,000,000 can go into alleviating these real issues. Why waste $50,000,000 and continue to face problems that will eventually expand into society when the women here now will become part of society later? Thank you. SHOW NON-ESSENTIAL DIALOGUE
Thank you very much, Robin. Any questions from the committee, CNN. Thank you very much for your testimony. Next, Jessica Dean.
SPEAKER12 - Thank you.
SPEAKER1 - Jessica Dean.
SPEAKER20 - Good afternoon.
SPEAKER1 - Right ahead, Jessica.
SPEAKER21 - My name is Okay.
JESSICA DEAN - MCI FRAMINGHAM - SB 1979 - My name is Jessica2563 Dean, and I've been incarcerated for 19 years, 16 of2567 those years, I've been at MCI Framingham and I'm here to testify today in support of the jail and prison construction moratorium. I'm asking the committee to please report out the Bill favorably and work it into law as soon as possible. Let's be honest, what do the Department of Corrections actually do for individuals in their custody? The answer, nothing. I mean, the word corrections is in the name, and there is no programming to help individuals to correct or even rehabilitate themselves. People are more worried about spending $50,000,000 building a new prison when they can't even get things right with the existing prison. Instead of worrying about stacking the2609 pockets of a construction company, invest the money for programming that we need dearly in Framingham. DOC needs to see needs to worry about helping the women here with their trauma and substance abuse issues. During my 16 years in Framingham, I have seen this place be revolving door for many women due to the lack of treatment that they need. I am thankfully a survivor of domestic violence, and there is no programming for us women who have been victims of domestic violence. We are not asking for another prison, we are asking2641 for a program to help us heal and move forward to be positive2645 and set successful returning citizens. I thank you for your time and consideration on this matter. SHOW NON-ESSENTIAL DIALOGUE
Thank you very much, Jessica. Any questions from the committee, CNN, Marie Lyons.
Bad. Marie Lyons.
SPEAKER4 - She's not able to make it. This is Sandra Dosti.
SPEAKER1 - Go ahead, Sandra.
SPEAKER22 - Thank you.
SPEAKER1 - Is Marie -- -- not available?
SPEAKER22 - She has changed her mind.
SPEAKER1 - Alright. Go ahead, Sandra.
SANDRA BOSTIK - MCI FRAMINGHAM - SB 1979 - Thank you. As I said, my name is Sandra Bostik and I've been incarcerated in MCI Framingham for 28 years. I've seen a lot, and I have a lot written down, but instead, I choose to talk to you directly. I'm asking you to please consider why MCI Framingham Administration is making it hard for us to meet representatives, what don't they want you to know? They would have you believe that we need a $50,000,000 prison because MCI Framingham is old and beyond repair but they just, in the last few years, spent $20,000,000 of tax payer money building new units, like renovating the new units, why would they do that if something's beyond repair? They're presently spending a $10,000,000 grant building a new program at MCI Framingham. Why would they do that if it's beyond repair? This administration would have you believe that we need a new prison because we're overcrowded, but the truth is, they're not utilizing perfectly good units and if they spread us out, there will still be extra room. So I'm asking you to please keep talking to us, get all the information you can. If you move us, you'll just be transferring our problems, not solving them.
So in closing, I was really nervous about retaliation about testifying, I've never done anything like this before and if something does happen, I promise I'll tell you all about it. So I prayed about it, and there's no coincidence that last Sunday's gospel reading reads as follows in part, fear no one, nothing is concealed that will not be revealed, nor secret that will not be known. What I say to you in darkness, speak in the light. What you hear whispered proclaim from the mountain tops. So ladies and gentlemen, I'm proclaiming from the mountain tops, it's the people that are the problem, not the prison, it's the people that are the problem. We can be responsible with this $50,000,000 and spend it in a way that will help the people that are going to be released to our communities. I thank you for your time and God bless you in your decision making. SHOW NON-ESSENTIAL DIALOGUE
Dave you.
SPEAKER1 - Thank you very much, Sandra.
Next, we have Xeno Williams.
SPEAKER2 - Thank you.
SPEAKER23 - Hello. Hi.
SINO WILLIAMS - MCI FRAMINGHAM - SB 1979 - Thank you for letting me present. My name is2861 Sino Williams, I'm here to speak on the moratorium Bill. I've been incarcerated at MCI Framingham for the past 21 years and I've watched the mismanagement of DOC happen for those 21 years. In 2012, MCI Framingham was labeled a landmark by the historical society as well as the Ottoman Society. Within that time, we have been able to restore a lot of MCI Framingham and fix it up as best as we possibly can, and we're still trying to do that now as is. I know that DOC2896 is asking you for $15,000,000 in order to build a new prison, 1/4 of that $50,000,000 could be used to restore the prison that we already have right now in order to make it a sustainable place for the women that are already living in it, and we do not need a new person nor do we want a new prison. We're asking you the legislative body of Massachusetts to hear us in saying that you've already spent $20,000,000 between the years of 2016 and 2020 to fix up MCI Framingham. How much more money are we going to ask our families, your families to put into this prison in order to create new homes for new people who we don't need to keep incarcerating?
The aging population here at MCI Framingham does not need a new prison, the aging population here at MCI Framingham needs rehabilitation, they need more programming, we need educational programming, we need job readiness programming. That is what we're asking. for, we're asking you to allocate this money into the programming that it needs to be into. We're asking you to see that the potential of MCI Framingham, there are buildings here that could be torn down, could be remade into better rooms, better space for the people who need them. We understand that we're always going to have prisons, but we don't need a new prison, what we need right now is for you to understand that this money could be best used for education, for programming, for health care, for the aging population that you have sitting before you, the aging population that need better health care and better understanding. Right now, we don't need any new prison. Thank you. SHOW NON-ESSENTIAL DIALOGUE
Is there any questions?
SPEAKER1 - Thank you very much. Thank you. Thank you for your testimony. Any questions from the committee? See you now. Thank you very much. Next, Champrey Denkins.
SPEAKER25 - Hi. Good afternoon. Good
SPEAKER1 - afternoon. Just very quickly. I do have to step away for a meeting. I'm gonna turn over the the the sharing of the committee to Senator Collins.
We apologize for those who are in person. Normally, we go back and forth in purse in person and virtual. Their time is very restrict, so we're gonna try to continue and get in all their testimony before we come to in person. We also have 22 men that are gonna be testifying as well from the Souza facility. But We'll continue with MCI for now.3079 So go right ahead. Thank you.
SPEAKER25 - Thank you.
GLORIA DINKINS - MCI FRAMINGHAM - SB 1979 - I want to thank you for this privilege platform that you allowed me and my fellow sisters here today. I am Gloria Dinkins, a Boston native by birth, the eldest of identical twins and a Boston University alumni. I'm also a young Ebony woman who refused to be appressed and ignored lord, especially by a system that holds me and others alike under3113 the guise of rehabilitation. Throughout my nine years of incarceration at MCI Framingham, I've been through a lot, and I've seen a lot. In 2016, I3125 remember vividly standing outside the compound watching heaps of women push bins for the build to capacity to the point of not being able to move them, crying, chaos poured out all around us. We were desperate for answers, however, we received none. Just desensitized correctional officers threatening to find, punish it3150 even impress further if we dare to refuse or even complain.3154 I'm a fast forward to the years of 2020 up into the current year of 2023. We've been shuffled around this campus so many times I've lost count. It seems to me that during the Covid pandemic was the only time that they have room for us. We had seven or more units available on this campus.
In 2021, my unit of that time, which was west in the Smith building, was closed3185 down without any notice. I remember asking the captain before that day that was on duty and ship commander, are we moving? And he not so likely told me to my face, no, that it was only a rumor. By 1:00 PM that that afternoon, there was a mass move taking place. We get more threats of having disciplinary actions taken against us if we refuse our moves, such an irony. Here's where my deepest concerns lie. The majority of women incarcerated or detained at this facility reside and are rooted in the metropolitan areas. From Suffolk County, Norfolk County, Essex, Bristol and Plymouth County. Being tragically hold off to a prison two or more so hours away will be cruel to us and to those who do time with us for us and by ourselves. Our homes are already shattered by the devastating realities of our lengthy languishing sentences. Global inflation is hard enough on our families day to day survival. From groceries, gas, college tuition, and other unnamed expenses, it is almost impossible to stay afloat. Transportation fees out into Western Mass will only cripple the family dynamics further leaving it in detrimental rooming.
As I testify here today, my mother, the blessed Donna Dinkins has no electricity and yet she explained to me in a sad tone, I would never see you again Pre if you end up all the way out there. Millions of dollars have been invested into this facility, and million more will be yet we experience no new opportunity. I personally say no to the shady agenda to build and reopen another prison. $50,000,000 can open doors to women to have successful reentry. It can also aid our solar houses, our minimal security facilities with more resources to help women reenter and become constructive contributors to the Commonwealth of3329 Massachusetts. We need decent programs that open doors into3333 professional arenas. We also needed stripers and educational tools that are up to date and relevant to our current modernized ever. In 2019, I suffered a second and third degree burn to my left arm, I was under the tutelage of a DOC contractor instructor of culinary arts. My arm was burnt with a oven of 400 degrees, when the door was closed on my arm, when I was doing a temperature check for the chicken of that day that we was serving.
That experience left me with a3377 fear of traumatic distress in my memory. Whenever3381 I smell burns or whenever I smell smoke, I'm reminded of how I was severely burned and severely neglected by medical here. To me, it seems as if they have started to look at us as if we are less than trash, as if our lives are cheap, and we don't even have any matter or any place. So today, I'm not only testifying for myself and for my future, but for the future of my children, the future of my community, the future of those who support and love me, and I'm raising my voice and testimony because I have nothing to lose, I have everything to gain, me and the other women that you see here today.
Instead of spending $50,000,000 to destroy more homes and dreams, from the hearts of our suffering families and our communities, put it towards rebuilding lives, rebuilding communities, restoring3431 hope, restoring dreams, and building a stronger, more unified Commonwealth society. I say this, that I say yes to housing, to homeownership over imprisonment, I also say yes to me entry, that doesn't discriminate against women's sexual orientation, their belief or their past, or they've been doing more criminal history. In conclusion, my name is Gloria Dinkins, I've been incarcerated 11 years. I testified today in support of3463 the jail and prison construction moratorium, S 1979. I ask the committee to report out3470 the Bill highly and favorably and work to pass it into law as soon as possible. Before I make my exit, I'd like to leave behind a quote for all of us to sit with. A society is only as strong as the people. SHOW NON-ESSENTIAL DIALOGUE
hashtag. I am free her. Thank3489 you.
SPEAKER7 - Any questions from the committee? Seeing on thank you for your testimony, Michelle Coselick.
SPEAKER25 - Thank you.
MITCHELLE KOSLECK - MCI FRAMINGHAM - SB 1979 - Good afternoon. My name is Michelle Lynn Kosleck, and I support the proposed moratorium on prison construction because prison population is not the problem here anyway. We've got plenty of unused housing here and the primary problem we got is a disrespectful superintendent, but who won't open this housing. The best example of her character was3543 recently exemplified by her claim to your colleague, Ms. Uyterhoeven, that myself3549 and others were willing to stay in double cells because we were refusing to move3554 to the Algona unit because there was no Wi-Fi in the Algona unit, that's not true. Nobody ever asked us about it and if asked,3562 most of us would have said same thing3564 I'm thinking now, we would rather have a single cell than worry about Wi-Fi. Wi Fi is available all over the prison, it's available in this building, this is being done by Wi-Fi in this building. Short staffing has been one of the biggest issues because about 1/3 of the people that worked here transferred to other prisons when the discovered the superintendent was coming here.
From our perspective, we witness dishonest management by her and her deputy all the time. I saw deputy superintendent tell Representative Uyterhoeven that it was a security violation for her to try to get a prisoner's contact information. When I complained about being in a double cell with a child rapist because I was raped as a child, she said you're not on my singles list and a few days later, she moved me to an upper bunk in another cell. I'm 74 years old and have bad tendons in both elbows, that's about what you need to know about the superintendent. But we recently received a number of new correctional staff from Walpole. So two of the closed housing units could easily be opened using six full time officers and two offices for relief, that will put everybody back in a single, and I have a federal court order to be3650 in a single. Other than that, they do strange things like forcing us to wear only green t-shirts when the property policy, which is a state regulation, says we can have black, white, and blue.
I spent 28.5 years in the med system when I came here, they confiscated my colored t shirts, said we can only wear green, we could buy white, but we couldn't wear them, this is very odd. Perhaps you do know why they do this. There's plenty of housing space here, there's plenty of space for vocational program but we have none. The men have training in plumbing, they have training in HVAC stuff, they have training in welding at the men's system, we have no vocational training here whatsoever. The recent return of the right of prisoners to get Pell Grants would let us get a whole bunch of vocational training programs here that would give people an opportunity to do something besides steal when they got out. And, yes, there will likely be retaliation for revealing some of these inconvenient truths, but it's what it is. I have an order for a bottom bunk, but deputy superintendent is a woman with no medical training is the one who makes the final decision on bottom box. She and superintendent Marshawn are all that stand in the way of Framingham becoming an effective rehabilitative entity. But everyone I've asked agrees that we don't need another women's prison because we have plenty of housing here, what we need is hope for a better future at Framingham. Thank you for your time. SHOW NON-ESSENTIAL DIALOGUE
Thank you for inviting us.
Do you have any questions for me?
SPEAKER7 - No questions. Thank you, Annette Stewart. Lightsy.
SPEAKER26 - Alright. Alrighty.
Once again that Once again. Yeah. Okay. That's not
SPEAKER9 - Offline. That's
ANNETTE STEWART - MCI FRAMINGHAM - SB 1979 - Good afternoon. My name is Annette Stewart, I'm presently serving life without parole, and I'm present today as one of the many voices not only for myself before all of the incarcerated to request an alternative to building another women's prison. The amount of money it would cause to build another will serve the communities in which we all come from. That means more vocational training, education within itself, employment and treatment programs3830 to aid not only our communities,3832 but also aid in reducing recidivism. I want to say, from my perspective, as a woman of color serving life without parole, who has spent three decades in prison speaking for all of us, that spending the remainder of one's life behind the walls is not a solution because accepting and acknowledging our own self capabilities with the additional tools we've been given while incarcerated, we would be able to repay our debt to society and those who we have offended the most due to our actions. So I'd like to thank all of you for this opportunity and your time and allowing me to speak directly to you. SHOW NON-ESSENTIAL DIALOGUE
Thank you, Annette. Any questions from the committee? Seeing on we'd now like to invite Kristen Langley. Thank you, Annette. Okay.
SPEAKER28 - Okay.
SPEAKER9 - Pardon?
SPEAKER7 - Good afternoon, Kristen. You can begin your testimony.
SPEAKER21 - Thank you, Justin.
KRISTEN LONGLEY - MCI FRAMINGHAM - SB 1979 - Good afternoon. My name is Kristen Longley, and I have been incarcerated at Framingham going on eight years. I'm giving testimony in support of the jail and prison construction moratorium, S 1979. While it may seeing Framingham is overcrowded and in need of costly repairs, that is really an illusion for one purpose just to build a new prison. I'll present some facts to challenge that. First, they3939 say we're overcrowded, and they're actually only, like, 200 women here, but we did at one time house over 800. They claimed that they can't open two of the five units that are livable for these sentenced inmates, and they claim this is due to understaffing. They claim that they're painting a unit, they claim that there's no Wi Fi in the unit, but when they painted a unit here, they didn't move any of the woman out. They claim they are understaffed, but they have staff that just stand around and group together and how are you understaffed if there's a bunch of you in one area? The Wi-Fi issue, we have a unit here that goes without Wi-Fi weeks, sometimes over a month, and that unit remains open. They claim costly repairs, but they've already spent close to $20,000,000 in repairs on this place.
So are we going to tell taxpayers that we're just going to throw that money away and then we want you to pay another $50,000,000 for another new prison. There's a much less costly option, and it is getting people alternate housing programs where they can be released. GPS, there's an aging population, and I'm sorry nobody could convince me that a woman in her 70s who is in heart failure is a threat to anybody. I understand there's a place and time that consequences are needed but when is it cool and unnecessary, when is it excessive and too much. Prisons are not successful ways, hey don't keep us safe, they don't keep people out there safe, and they're not a successful deterrent. The real problems go away. Instead, the money needs to be used for treatment and programs and resources to help people. If I had a place that I felt safe, I wouldn't be here. Darkness cannot drive off darkness, only light can do that. The only way to really end this is to break the cycle of abuse and trauma. We should all be helping each other forgive, heal, and leave better lives and I know I want better, but I also need your help. Thank you. SHOW NON-ESSENTIAL DIALOGUE
Thank you, Kristen.
would like to invite Jasmine Rivera to testify next. Thank you.
SPEAKER29 - Thank you. Have a good day.
SPEAKER7 - You too.
SPEAKER11 - it.
SPEAKER14 - Yes.
SPEAKER7 - Good afternoon, Jasmine.
SPEAKER4 - Good afternoon.
SPEAKER7 - Please begin your testimony. Thank you.
SPEAKER21 - Alright. So --
JASMINE RIVERA - MCI FRAMINGHAM - SB 1979 - My name is Jasmine Rivera, I'm 41 years old. Since I was 18 years old, I've been in and out of prison. You can basically say on the life installment plan, you guys are all familiar, I believe, with the Methanol mile, Mass Ave. I'm sure you are but I'll be back to that. I've been 23 years in addiction in and out of prison. When the judge sentenced me, he told me to get rehabilitation, and to get things together. Well, that's definitely not what happened when I got here. What ended up happening is I learned with administration and the COs how to manipulate, how to lie. As well, I endured physical, emotional, sexual, and let's not forget economic abuse because that's a big one here. Today, I sit in here, and I'm getting nothing out of this, I'm sitting here on bedtime, but I will say since I've been here, I've been working with a woman on getting her out on medical parole. Her name is Brenda Baruso, so I put my time into that since they've given me nothing positive to do in here, to change my life.
I'll change my life myself, and I'll change other lives because there's women left behind, and people have forgotten about them. The community needs to4261 just remember, like, we're human and we matter, and they need to be paid attention to. There's women here that are just deteriorating, 80 years old, they don't even know they're here, they have dementia, they don't even know where they're at right now. It's sad to know that you just want to build another prison just to leave these women to rot here. They'll never die of free women, they'll never see their families before they die. Some of them don't even have a tombstone, they have numbers, they don't even have family members out there to actually even put them in the ground. So they're like just thrown wherever they put them. It's sad to say that these women have been forgotten. I don't want to be one of those women. So I feel like if I end up leaving here without the help I need, I'll probably be4330 dead shortly out there or I'll return again to use drugs and just do whatever because there's no rehabilitation and they work together. SHOW NON-ESSENTIAL DIALOGUE
So that's it.
SPEAKER7 - Thank you for your testimony, Jasmine.
Let you invite up next Graciela Polino.
Good afternoon, Graciela. Please begin your testimony.
SPEAKER18 - Hello.
GRACIELA PAULINO - MCI FRAMINGHAM - SB 1979 - I would just like to say first off that this is a historical moment for the woman incarcerated in all of Mass. This has never been done, so I'm glad for everybody who's speaking of know, without trying to get something done to help better us and I appreciate everybody that's on your side, listening to us and also trying to push for all this stuff. $50,000,000, why do we need a new facility when this is a perfectly functioning facility? Here, the Smith building is only about 30 years old, it's almost my age yet the mismanagement is what causes things not to work so well. You have two perfectly well units ready to open, yet they're not using them because they want to cram up in one space so that we4425 complain about the lack of availability of rooms so that they can open a new prison but that's not what we need, what we need is more resources. When I was 20 years old, I didn't have the resources I needed to further my life. I ended up becoming incarcerated and possibly almost serving a life sentence.
I believe that if I got a second chance and I got a little more sentences, and I'm here on a seven to eight but I could have easily been one of those people having a life sentence. And if I had a life sentence, what was I going to do being here that led me to believe that I had to do all these things, negative things, when in all reality, that has nothing to be the cause. Over the last three years, out of my 5.5 years, I've been trying to turn my life around but because of the lack of programming and no reentry, I've been by myself, basically. I have no support system, my grandmother passed away two years ago when I was4479 24, I am 26 now. When I get up, I have nothing to go home to, no support, no family, I'm by myself. It would be a lot easier to help if the 50,000,000 that they're trying to make this new prison would be used for, let's4494 say, halfway homes, even possible furloughs, places where we could go, where we can work on reactivating into the community. We have people who thanks to these new laws that are being passed are now being able to be in prison, they've been here for 30, 40 years.
They don't know what's like to be on the out, what we need is a way for them to be integrated to the community to have a positive transition to then be a positive citizen. These things like new prisons is putting a bandage4523 on4523 something that needs stitches. It's not going to change anything, and these people are probably going to come back, unfortunately. You see the same people coming in and out of here. I've been here 5.5 years, and I don't see much new faces. I believe that we start from the root and give people programming and opportunity to change, like, trades, open cosmetology, give them program they need, bring them to places like halfway homes and reentry places, easier access to minimum security. We can change the things and we could change the outcome of people coming back. That way, people know how to be when they're on the out. There's just a lot of things that needs to be done and building new facility is4566 not something that needs to be done. Like I said, anything in free entry always starts at the core, and it needs to see what the support system is. A new building is not support, it's just a place to keep us locked in more, which is also deteriorating with your mental health, emotional, even physical. So I don't support the building of new facilities ever,4589 I think they should be focusing more on trying to release people, that's how you start. The more you lock somebody down, I believe the worse they get. SHOW NON-ESSENTIAL DIALOGUE
Thank you, Grace Ella. Would any questions for liquidity? Seeing none we'd like to invite up Melissa courtal to testify. Thank you.
SPEAKER18 - Thank you.
Good afternoon, Melissa. Please begin your testimony.
MELISSA PORTAL - MCI FRAMINGHAM - SB 1979 - Good afternoon to everybody also. Thank you for allowing us the opportunity to speak out. I'm Melissa Portal, I'm 73 years old and have been incarcerated for the past 38 years. I would first like to express the concerns about a new prison. We don't need a new prison, we need a new administration, the problems are here. It would just turn around and take the problems that we have to a new prison. We have two units here that could be open, it will allow 138 inmates to perform capacity. We have the room, it's just not being used. The medical problems are in shambles, overworked nurses, and we really have excellent doctor Rosenfeld has to answer the DOC for medical issues procedures, and for failures. Everything has to be cleared to the DOC. The deputy Lazar seems to ignore ADA requests taking single cells, bottom bunks, and requests, and denying things, she is not a doctor or a medical qualified to do this. Alternative sentencing, relief for elderly inmates.
I have been classified as a very lowly citizen and a very low threat to a society or the community. I wheelchair and walker at this time with future operations and medical care. The process for medical issues are very, very slow, we fluctuate on 200 or less. When we had inmates4750 700 to 800 inmates. It was an institution for barely get things done, and it was better efficiently done. Alternative sentencing could be a a good thing to do. I've done restorative justice, but programming here is not working for the issues that we have. Inmates go out and they turn around and come right back. This pathway hasn't quite done what it's supposed to do and it isn't the answer. They're dedicated to what they do, but the facilitators, but it's not happening, it's not working the way it's supposed to. I want to thank everybody for allowing us to testify, this is huge, and what's really going on in this facility here. SHOW NON-ESSENTIAL DIALOGUE
Any questions or anything like that? Something you wanna
SPEAKER7 - No questions. Thank you very much for your testimony, Melissa.
SPEAKER30 - Well, thank you very much for allowing us to do this.
SPEAKER19 - Thank you.
SPEAKER7 - You're welcome. We'd also like to recognize and welcome up to Keesha Matthews to testify.
TAKISHA MATTHEWS - MCI4857 FRAMINGHAM4857 -4857 SB4857 19794857 -4857 Good4857 afternoon. My name is Takisha Matthews and I have been incarcerated at MCI Framingham for seven years serving a 13 year sentence. I'm here in support of the jail and prison construction moratorium, S 1979. I think it's necessary to pass this Bill on building a new woman's prison. Framingham once was a place where you can work on yourself for better future, they had awesome programming such as vocational training, AA, degrees and reentry, now it's just a paper which just rebuy. There's nothing here to help us to rehabilitate ourselves so we don't reoffend. Spending 50,000,000 on a new women prison, I would like to see the money spent towards our future success. Better GPS programming for the women's already concentrating, which will help reenter into society as well as job hunting and authority with readiness and more independent living resources. Since I've been here education, it should be a great thing, but I've been at schedule for 2016, and I got one4942 more test to pass and I can't pass that test because4946 there are not enough teacher. He's teaching over 30 students, and there's only one teacher. So I would like to see education better for MCI SHOW NON-ESSENTIAL DIALOGUE
Framingham.
Thank you very much for your testimony. Any questions from the committee? Seeing none. Thank you very much, Takisha.4964 We would like to welcome forward Brianna Saint Peter to testify as well now.
SPEAKER11 - Okay. Thank you.
SPEAKER7 - You're welcome.
Good afternoon, Brianna. Please begin your testimony. Thank you.
SPEAKER17 - Thank you.
BRIANNA ST. PETER - MCI FRAMINGHAM - SB 1979 - Good afternoon. My name is Brianna St. Peter, I just entered my fourth year of an eight to 10 year sentence for a leading wire tapping. I'm testifying today in support of the jail and prison construction moratorium. I'm asking the committee to report out a favorable Bill to pass to law as soon as possible. Throughout my time here in Framingham, I've met countless women who, like myself, arrived here with severe PTSD, from a very broken beginnings. Personally, I was struck by just how many women have also grown up in DSS, the foster care system and have been attempting to navigate their way throughout adulthood without any real sense of identity of who they were or even why they are, where5034 they are. The various childhood traumas abuses and the collection of mental health disorders that have gone untreated or undiagnosed behind these walls is overwhelming and they've been a central character in the stories of almost all the women I've met including myself.
Subsequently, led to the circumstances that brought them here to Framingham. While I'm grateful for the education and program that has been provided to me, there could be so much more. I don't believe that putting a shiny bow on an already broken treasured mile, would do anything but perpetuate these dramas into the future while doing a serious disservice to the communities that many of us will never believe we're returning to. Please, while considering whether to invest in us women, ask yourself, what kind of person do I want returning to my community? An educated, productive, healthy person, or one that5086 still continues to be broken? Thank you. SHOW NON-ESSENTIAL DIALOGUE
Thank you, Brianna. Any questions for the committee seeing none? We'd like to welcome Julia Corey to also testify as well. Thank you.
SPEAKER30 - Thank you.
SPEAKER31 - Hello?
SPEAKER7 - Good afternoon, Julia. Please begin your testimony. Thank you.
SPEAKER31 - Thank you.
JULIA COREY - MCI FRAMINGHAM - SB 1979 - I am inmate number F81350. I currently live in the mental health unit. I arrived in 2009 and have served 14 years of a natural life sentence. As a child, I witnessed domestic violence, was abused by several of my mother's boyfriend and then became a victim of domestic violence myself. I'm against the construction of a new prison, and here are a few of my personal experiences to help you understand why.5148 The first five years due5150 to the fact that I was not sentenced, I was ineligible for most of the programming that no longer exists here. In 2012, I had a serious suicide attempt. Upon return from the hospital, I was dumped in a cell alone and naked with only security smock to cover my front half. What little services that were offered had nothing to do with my mental health needs. In all my time here, there has never been anything offered pertaining to the topic of domestic violence that I am aware of. The5179 challenges of mental health in prison make it difficult for myself and those around me to heal. Yet here I remain as inmate number F81350. In 2020 and 2021, I suffered from severe pain in my upper abdomen. I was told I had indigestion and was placed on Prilosec. A few months later, I was having emergency surgery to remove my infected Stone field ready to burst gallbladder. I know society labels women in prison as bad, but we do deserve quality medical care, which we are not receiving.
The surgeon told me I was lucky to be alive, but I have to admit I wasn't so sure of that. In the early 1990s, the Smith building was built to alleviate whatever issues were going on. So why almost 30 years later are we speaking to architects building another women's prison? There were two units in the Smith building and one on the compound that are moving ready and still remain closed. Why are we not learning from our mistakes and focusing on what really matters? $50,000,000 is a big price to pay just to build more wasted space. After almost5246 losing my life at the hands of a monster, I was left with profound hearing loss, yet the systemic5252 failures that MCI hear loud and clear. Are we not worthy of proper medical care? Are we not worthy of proper mental health care without the limits of security staff? Are we not worthy of programming that actually works and tackles the problems of recidivism, education, proper living, co-dependency, and most importantly, eliminating women in prison altogether? My growth stems from my peers and not from the minimal service that MCI offers. I point out these inadequacies in the hope that the $50,000,000 be used to solve our existing problems. The injustices here are not structural. As inmate number, F81350, I would like to properly introduce myself, my name is Julie Corey, I'm a mother of five, a grandmother of four, and most importantly, a survivor of domestic violence. I ask that you pass the moratorium and put a pause to the building of a new prison. Let's take the women out of the dark and nourish that with the knowledge and skills they need to succeed in life. Thank you very much. I appreciate the opportunity. SHOW NON-ESSENTIAL DIALOGUE
Thank you, Julia. Questions from the committee seeing none would like to invite up Isadoras Castro as well. to testify. Thank you.
Good afternoon, Please begin the testimony.
ISADORA CASTRO - MCI FRAMINGHAM - SB 1979 - I have been incacerated in Framingham for one year, and I have about two years left. But I want legislators to know about MCI Framingham and the DOC is that the system is broken and failing women. The ultimate goal of the incarceration is to rehabilitate citizens and return them to society for fear to succeed in the paces where they play it. To me, this means putting the focus on programming and mental health. The DOC is not doing their part to invest in the future of its residents, however, Massachusetts wants to spend over $50,000,000 to build a new prison for women. For a small town girl like myself, that kind of money is life changing me. Instead of using that money to actually make an impact and change lives, the DOC would rather waste those resources to fund the construction of yet another facility that's sole purpose is to warehouse people. The DOC needs to reprioritize their goals and place reducing recidivism at the very top. In order to achieve that goal, there needs to be a renovation within our current system and I don't have being a new floor or a new roof I need a fresh approach to how we uplift, educate, and prepare, returning citizens. Making a substantial investment in programming and mental health services would be far and more impactful in the lives of the women here than a new facility can ever be. Currently, at MCI, there isn't much programming for mental health services available to us. Mental health groups and services are only really available to people who are in a special RT program which at the moment only caters to about 15 people.
As far as programming and education goes, there are limited options when combined with the limited amount of space available in each program. We are faced with a barrier that prevents growth and isn't that growth5464 the purpose of rehabilitation. The DOC should be doing more to focus their energy on rehabilitating their current residents5472 and thinking of where they will store their future. Returning citizens are faced with the stigma attached to having records and investing in us would prepare and encourage us to no longer be society to write, but rather be the pillar that society that depends on. The lack of preparation is where the DOC is failing us the most. Currently, the only vocational training available to us is culinary but is that all we are capable of working and serving in kitchens across the Bay State area? I don't know about5503 you but when I look around at all these amazing women, I see artists, counselors, business women, and leaders. There is so much potential and intelligence behind these walls but we aren't being invested in or challenged as much as we should. Thriving as a rehabilitative citizen has very little to do with the location we are housed in during our incarceration5524 and everything to do with the environment we are nurturing. Changing locations will not help the many problems we are5532 facing, all5533 the5533 new facility will do is lock the same problems behind a different set of5537 doors. But given the choice between people and doors,5541 the choice is clear to me, the question is which one will you choose? Thank you for giving me the opportunity to speak today, and I hope you have a very good afternoon. SHOW NON-ESSENTIAL DIALOGUE
David.
SPEAKER7 - Thank you very much, Isadores. Questions from the committee seeing none would like5556 to welcome as well. Nicole Fernandez5558 to testify.
Thank you.
Good afternoon, Nicole. Please begin your testimony.
NICOLE FERNANDEZ - MCI FRAMINGHAM - SB 1979 - My name is Nicole Fernandez, I am 45 years old. I'm in my 27th year of a natural life sentence with 18 to 20 from and after. I came to MCI when I was 19. Prior to the crime that brought me here, my juvenile record was changing reports and runaways from my home. I ran away because I was being abused. DSS had a mandate to reunify the family, no matter how often I said don't send me back, they always sent me back. When I was 15, I became homeless. It was easier in some ways safer than home. I became an even worse alcoholic, and I made poor choices and crimes that I ended up in prison. Building a new prison won't fix what's wrong here, we have poor health care, dismal mental health, and this place essentially just a holding pen for women to just go right back out to the same behaviors over again and end up right back here or dead. There is no skill building here, no trades to learn, no coping skills to combat destructive emotions or impulses, education opportunities are few. When I came here because I already had my GED, I couldn't work with sister Black whose sole responsibility was to work with women under 21 even though she had zero students.
There's a huge turnover in staff here, my current therapist has been here for about 10 months, I've seen her three times. I was supposed to have a one to one every two weeks, it's in my mental health contracts and I've only seen her not because she scheduled me, but because I stopped her when someone else said, no, not today. I live on the mental health unit, my body is covered by scars, and I put there myself because self mutilation is one of my unhealthy coping skills. I've attempted suicide a few times once I almost succeeded. Now they're graduating me from the mental health program in their words to see if the program works. If they bothered to ask, I could tell them no it doesn't work. The staff that5696 run the groups are sometimes unsure of the subject matter and don't want to redirect and refocus us back on the subject at hand so we don't learn skills. Medical cure for everything is water, Motrin, and an ACE bandage. When you have a complaint, if5711 you get seen by a provider, 90% of the time, the responses you get are drink more water, lose weight, here are some Motrin, use this ACE Wrap.
If they can't pawn you off with one of those, they'll refer to shouting which can take months at best, and that's only if they don't forget. I've had an on and off severe back pain since before the pandemic, I couldn't sleep lying down for months. During quarantine, they told me it was my IUD, after they took that out five months later, I would be then told me it was stress. Seven months after that, they finally sent me to PT. When that worked, they said, you're cured PT's done, that was about 18 months ago. The pain came back a few weeks after I stopped going to PT, and I've been waiting since then to go back. I've been referred and that's not even5760 the worst medical mistreatment story I could give you, it's just the shortest.
The money they want to use to build a new prison could be put to much better use. I'm a realist, as long as women could make crimes, there will be a need for women's prison but we don't need a new building, we need the administration to open the units that are sitting empty, ready, and waiting, and capable of being used. We need better health care, we need reentry, job skills, domestic violence counseling, drug counseling, better mental health care, stop just throwing a bunch of pills at us to keep us quiet. We need to be given the opportunities to learn the skills that will need to become positive contributing members of society we will all be going back to. In the grand scheme of things, it's a lot easier to fix what's wrong in the place you already have than build something new because none of your problems will be solved in a new building, you'll just relocate the same ones and be in the same place. Use the $50,000,000 to create more programming, bring back the college diploma program, building trades, IT essentials, instead of choosing to give programming to the men only give it to both. Women need to learn trades as well. SHOW NON-ESSENTIAL DIALOGUE
Thank you very much for your testimony, Nicole. Questions from the committee seeing none would like to invite Julia Enright. Thank you again.
Hi. Good afternoon, Julia.
SPEAKER1 - --
SPEAKER18 - welcome on deck?
SPEAKER7 - Yep. You're fine. Please begin your testimony.
SPEAKER14 - Hi.
JULIA WRIGHT - MCI FRAMINGHAM - SB 1979 - My name is Julia, and I've been incarcerated for roughly five years. I want you to know that I and others have already experienced retaliation for only speaking with the State Representative. So it goes without saying that worse will probably happen for speaking here today. That's how important this is, I want to really thank you for listening. We don't need another prison, you've heard that the population bears timing, and the newer person involved in was just list. If this is about money, you should know that the administration has an excessive money to spend before the end of the fiscal year and the worst part is that they're blowing it on things we don't need when there's so much that we do need. They're painting units that don't need it and buying tables that didn't need to be replaced, they are burning the environment by serving all of our meals on trays for years because the dishwasher is broken. I've heard they're wasting money on water and electric for condemned buildings for5909 unknown reason, which, by the way, could be torn down for other uses.
In fact, we have three units that could be opened right now, but we are all being illegally housed together in double and triple bunks. Mass regulations require a minimum of a 120 square feet for two people in one room. Here's another example of the logic here. We are very overcrowded as you know, all sentenced women are crammed into three units, supposedly we're short staffed, but we're wasting officers on a quarantine unit when no other person in the state is quarantining. That's three whole officers being wasted on this purpose, and no one knows why. Overcrowding causes stress, it's simple. People and animals alike do not learn, grow, or retain information when kept under stress. When I was in county jail, I was blessed5953 with a solo cell for two years. I5955 grew more during this period in my life than any other. I've read, reflected and meditated constantly, I'm grateful for the wisdom and understanding of games.
Trying to achieve any of that with someone within three feet of you 24/7 is like going to the therapist with a stranger sitting next to you. I also want you to know that despite our administration how women in5976 it, none of them seem to care about the surprising differences between the men and women's prisons. I wouldn't have believed this would have been possible in 2023 if I hadn't come here. We have no we have no AA, no anger management, no music program, no art program, no trades training whatsoever, no bachelor degree classes, no horticulture or training in our greenhouse, it's just sitting there, no cosmetology training. We can't even get mascara or disposable razors, but the men's persons have those. We will be punished for braiding hair, but the men can braid hair. This is to show you the focus of the administration, it's arbitrary control and punishment. I should clarify that the music program was actually approved four years ago, and not a single woman has been allowed to play instruments since.
The art proposal has been in limbo for months, and I don't know why. The men have all of this and more, the problems we have here could easily be solved here. A new prison is a step in the wrong direction, I know it's not publicly realized, but6029 if you come and live here for a month, you would see 90% of people be released on a6033 GPS bracelet today and be successful. 98% of the women I've met are not dangerous to anyone. We're building the future. If we choose6042 to make more prisons, we will use more prisons. Meanwhile, communities all over the country and world are finding alternatives to prison and having much higher success rates. We can't know that if 10 more persons are a good idea. Tax money could be spent on creating other programs and positive differences. Everywhere we're learning what helps communities, I believe in the future, and if you do too, I ask that you look around at what does and doesn't work. You don't need another building of scars and trauma, truthfully, they're so thoroughly no logical motive for building a new person, the only conclusion I can see is that this is some kind of money grab, they're only in it for the money.6077 I'm asking you to care about the people. Thank you. SHOW NON-ESSENTIAL DIALOGUE
Thank you for your testimony, Julia. Without questions from the committee, we'd like to invite
Derek Washington to testify.
SPEAKER14 - I'm sorry?
SPEAKER7 - I said thank you6099 very much for your testimony. We're gonna invite Derek Washington to testify now. Thank you very much.
SPEAKER18 - Okay. Bye bye. Thank you.
SPEAKER1 - -- is to make
SPEAKER7 - Kirkland
with us virtually to testify. Derek is there. Oh, Derek is there? Okay.
Okay. I can't6136 see. Oh, you know what? I think, Derek, you know, you may be on mute. What might you do? Yeah. Derek, if you wanna take off6142 mute.
SPEAKER29 - It says
SPEAKER28 - he's
SPEAKER7 - Mister Washington, I think you need to take mute off your system. It kept having trouble there.
Okay. While we're waiting pardon me? I
have.
Yes.
SPEAKER9 - k. Say your name. It's on Derek right now, sir.
Oh, okay.
I'll keep you on here so we can get on or something. I unmuted it?
SPEAKER7 - Yes. I think you're unmuted now.
SPEAKER9 - So okay. It's unmuted, sir. Start talking and get in front of the camera Okay.
SPEAKER7 - Mister Washington, you can begin your testimony. Thank you.
SPEAKER9 - Say your name. Mister Washington, Are
you talking to Tamika or Washington?
SPEAKER1 - That's what we're gonna do. We're not the other guys.
SPEAKER9 - I'd leave a
SPEAKER7 - Yes. If we could have Derek Washington begin his testimony, then we will hear from Tamik Kirkland.
SPEAKER29 - Can
SPEAKER9 - you hear them wrong?
Yeah. And what?
SPEAKER7 - If Mister Washington's still having issues getting off a mute, if we could Mister Kirkland to meet Kirkland to begin your testimony.
SPEAKER9 - Can y'all hear me? Can you hear me? Yes. Hi.
TOMMY KIRKLAND - SOUZA BARANOWSKI - SB 1979 - My name is Tommy Kirkland, I'm at Souza Baranowski Correctional Center. I am testifying today in support of the jail and prison construction moratorium Bill, S 1979. I urge the committee to report this Bill out favorably and work to pass it into law as soon as possible. I think they're having biweekly meetings to6301 build a $50,000,000 prison for women in the $21,500,000 jail for hoarding and talks. According to the numbers, Mass has one of the lowest incarcerated rates in the country as well as the lowest among incarcerated women. Of the 200 women incarcerated at the state's only female facility, 20% are pretrial detention and probably because their bills or excessive, another 20% have aged to the point that becoming the recidivism is extremely low, so they should be released on some type of supervision, if possible. So besides spending $50,000,000 on the new prison, why not put programs in place that could help make prisons unnecessary to begin with? Like substance abuse treatment, mental health services, education, trade, and things6352 of that nature and the thing could6354 be said about the boys jail. A lot could be done for plenty of communities with that $71,500,000 if it's usually on program instead of locking people up.
Like, when I was in 6th grade in Springfield, Massachusetts, my middle school had a program called Mott Trial, which was, like, related to courtrooms and things and that was, like, the best thing, all I wanted to do was be a lawyer. By 7th grade, that program was pulled probably due to lack of funding and due to its absence in my young mind and my6386 surroundings, I quickly lost my direction. Within the next two to three years, I went from wanting to be a lawyer to needing a lawyer to represent me in juvenile court criminal court. I'm not testifying here wholly to blame my current status on the absence of the program, but it's possible that if the programs like that stayed in place it could've given a little boy like me more hope and more options and I could've made better choices, and my life could've turned out better and that's the same as a lot of other little boys. I strongly believe that using that money to invest in the communities to help reduce crime and recidivism, which will dismantle this notion that more prisons need to be built. It's obvious that building these prisons is instead investing in propelling Mass incarceration, which will result in over policing black and brown communities to arrest and incarcerate their woman and children to fill up the prison now. That's going to feed the suburban economy that those black and brown people will be housed in. Mass incarceration is not making this country a better place to invest in people, not prisons. My name is Tommy Kirkland. SHOW NON-ESSENTIAL DIALOGUE
Thank you for your testimony. Let's Kirkland. Any questions from the committee seeing none? Thank you very much, and we're gonna try Mister Derek Washington 1 more time.
SPEAKER28 - In Fart, can everybody hear me?
SPEAKER7 - Yes, sir. Thank you, and welcome.
SPEAKER28 - Yeah.
DEREK WASHINGTON - SOUZA BARANOWSKI - SB 1979 - First, I want to just uplift the voices of all the women showing the courage, the incredible women before me to for their testimony, I know it took a hell of amount of courage. My name is Derek Washington, I've been incarcerated for 18 years. At 17 years old, I'm passionate about this issue because at that age, my mother was incarcerated and when she was incarcerated, what it did was it ripped my family apart, it caused us to go in a number of different directions and she only was guilty of being in love with the wrong person, but the person she was in love with was in love with an addiction. So my whole thing is if they would have invested into the problem opposed to incarcerating the individual, my life could have went in the polar opposite direction than what it is. But the question is, is the wisdom behind prisons, like, what do prisons do?
It's like a convenience store, a convenience store's best customer is somebody who keeps coming back. So it's like, once you build a convenience store, you have to keep filling those convenience stores but there's no convenience in incarceration, instead of investing into the individual, you invest in to build in a new place to keep individuals. These places are hell holes, so if we in turn learn how to use the wisdom of our past and not continue just to build these structures that continue to harm and make individuals continue to circulate to the school to prison pipeline, it's like, it goes for nothing. But I just want to say it's a pleasant to being able6592 to have my voice heard, let's not build new prisons. SHOW NON-ESSENTIAL DIALOGUE
Thank you for your testimony.
Derek, any questions from the committee seeing now, and we'd like to welcome up the individual who made all this happen today. A a virtual access for those in facilities that senator Joe Cumver, the sponsor of6620 the legislation.
© InstaTrac 2025