2021-03-26 00:00:00 - Joint Committee on Ways and Means

SHOW NON-ESSENTIAL DIALOGUE

THOMAS TURCO - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY - Thank you. Chair Williams and Chair Gobi for the opportunity to discuss the fiscal 22 fiscal needs. I'm Tom Turco and I service public safety and Security secretary. I'm265 joined today by my colleagues at EOPSS undersecretaries as well as agency heads. Before I begin, I'd like to thank the Legislature for your collaboration over the last year on so many urgent matters related to public safety and finance. I'd also like to thank the EOPSS agency head and their staff are working tirelessly through a period of such such stress and uncertainty to develop effective plans for the year ahead on the pandemic, forced so many areas of everyday life to effectively shut down294 our secretary.

Like many of those across the commonwealth, continued to fulfill our essential pre COVID functions as well as unprecedented new responsibility specific to the pandemic. I am deeply grateful to the men and women across our agencies who work through countless challenges to do their difficult job so well. On March 10th, Governor Baker declared a state of emergency in response to COVID 19 crisis. EOPSS was delegated the responsibility of standing up testing sites for first responders. EOPSS upset up326 to COVID-19 testing sites. Why don't you let stadium and another at the Biggie Plus one mobile testing operation were first responders and essential workers who were on the front336 lines of responding to the pandemic, had access to the free COVID-19 testing.

The Executive Office of Public Safety supported PPE procurement and logistics planning. We worked with experts348 to advise the commonwealth on the oversight of PPE and use353 and ensure compliance with import export laws for PPE suppliers and coordinated the logistics of getting PPE from china to Massachusetts. MIMA, is in the business of emergency preparedness and response. When the pandemic struck, the agency leapt into action. MIMA ran the State Emergency Operations Center, which collaborated with the State Health and Human Services COVID 19 command Center to successfully provide daily into agency coordination and operational support. Three regional emergency operation centers were activated to support 351 communities with coordination and resource support, maintaining, providing situational awareness during an emergency.

As part of MIMA’s core mission throughout the pandemic MIMA has developed and disseminated daily critical information on unmet404 needs, health care capacity in cases, testing sites and community resources with regard to finance. One of MIMA’s largest412 ongoing efforts413 is to walk state and municipal entities through the Federal Emergency disaster recovery process. I have to ask him for it and recover. It requires requirements of thorough. So MIMA has been offering training on how to use its submission portal. Then in partnership becomes contracted resources, has assigned case managers to each submitting entity to review draft materials, identified gaps and helps them think through the framing and backup material444 and ultimately ensure timely and comprehensive submissions that are expected to maximize eligible federal reimbursements and reverse general front losses for covered purposes.

MIMA also assisted small businesses with loan applications, municipalities with the FEMA disaster recovery process, purchase stored and distributed over $450 million in PPE to municipalities and state agencies. They built a total of seven field hospitals to support the spring and fall waves of COVID, led an effort focused on tackling food insecurity and manage PPE resources requests and established a shelter program that provided safe spaces for vulnerable individuals to recover from COVID-19. Like MIMA the military division in the Massachusetts National Guard stood up and met this last year. Head on the guard activated over 2000 soldiers and airmen under the state active duty entitled 32 502(F) um to federal authorities to support mobile testing teams, supply chain management, decontamination, PPE, distribution, sheltering, medical augmentation teams and food insecurity support.

The519 Mass National Guard also supported the department of unemployment assistance by reviewing over 300,000 claims and reporting 1000 fake IDs to law enforcement agencies, assisted the department of correction by erecting screening areas outside correctional facilities and provided medical, administrative and logistical support to the Holyoke soldiers home from the onset of the pandemic. Among many other tasks. The COVID-19 pandemic presented the department of correction with challenges like never before. Essential staff members were required and screened prior to being allowed to enter the workplace. Beginning on April 22 2020, all staff and inmates were offered COVID-19 testing. DOC developed housing plans to limit transmission of the virus by separating those who were sick from those that were healthy and worked with vendors and stakeholders to identify outside hospital bed space for inmates are required.

Additional levels of medical care Massachusetts was among the first states to prioritize inmates of vaccinations with correctional facilities considered as congregate care sites and phase one of the589 vaccination distribution plan. This has led to a sharp and dramatic reduction in the number of COVID cases among DOC inmates. As of March 23rd of this year, there were three active cases amongst 6400 inmates in the early stages of the pandemic. There was a shortage of hand sanitizer cleaning, cleaning disinfectants. DOC industries employees and inmates quickly adjusted their production line to produce these essential materials for first responders619 and other stakeholders. DOC consistently produced and provided materials to meet the commonwealth critical needs, including durable and functional functional face masks and surgical gowns Like other EOPSS agencies.

The parole board also implemented several strategies in response to the COVID-19 pandemic, including a rapid transition from in person hearings to videoconference hearings and shortening the time period, which is also the reserve period from positive vote to approval of home plants, repurpose and hearing examiners and allowing for early consideration of parole eligibility. The board issued more than 2040 release permits over the course of the past year, a remarkable number given that sentences665 of incarceration have dramatically decreased during that same time period. In April, the parole board contractor with the Massachusetts Alliance for social housing to provide reduced rate supportive housing to release some inmates.

This initiative has resulted in the placement of 240 parolees in sober residences. This resource has helped to reduce the number of inmates held pending a home plan from upward of 150 this time last year to only 60 years of March 19th. The board is further collaborated with the Massachusetts probation service department of correction, sheriffs and the defense bar. To expand this service to the entire reentry population. As the only state agency that has trained and specialized to handle the deceased, the office of our chief medical examiner face very specific challenges during COVID 19 while continuing to handle an increase of about 10% and death reported under the mass general laws Chapter 38 section three. During fiscal year 20 the OCME staff rapidly designed and developed a high capacity surge site that could host the seat and safely and respectfully if hospitals and care facilities are overwhelmed were overwhelmed.

Thanks to thanks to the tremendous coordination by the OCME staff and our outside partners, there were never more than seven uh, decedent's on that site at a given time. Finally, I'd like to address various efforts related to police reform, including the landmark 2020 police reform bill. As you know, the administration has been760 working on a number of critical reforms within Massachusetts. State police to begin addressing management practices and tools of accountability. These include activation of a GPS tracking system and state police cruises, implementation and new audits and controls on time and attendance and the phased out roll out of a body one and dash mounted camera program already in use in troop f and continued progress towards state and federal accreditation, just to name a field. Last year to build on the state police efforts, the governor introduced um bill number section 2469 An act advancing reform within the Massachusetts State police. I appeared before the Joint Committee on Public Safety and Security with Colonel Mason in February 2020 to testify in support of these, improvements and amendments.

Today, I'm pleased to say that the legislature accepted those proposals, including the authorization to launch a state police cadet program, similar to the ones that have boasted diversity and municipal department, municipal departments and laid in additional reform measures. Implementation of that programme is already underway. These reforms were included in the commonwealth. Most significant police reform package in837 its history. Chapter 253 of the Act of 2002. Their Support ensuring that all law enforcement in the commonwealth of Massachusetts meet the same minimum standards of training as established by statute MPTC in the floor and and the forthcoming post Commission. Since this is a fiscal body, it seems necessary to touch on the fiscal impact of police reforms to municipalities. When law enforcement officers providing essential functions are sent to training, their shifts need to be backfilled in most cases with overtime, as with most jobs, when your employer requires you to complete on the job training, you are compensated for those hours worked.

This places a significant financial burden on cities and towns to support our municipal partners EOPSS iIs committed884 to maintaining five regional training locations to facilitate annual in person888 training requirements and to pursue online curriculum delivery is appropriate and available in high quantity formats. EOPSS also plans to explore a centrally located residential training facility for new officer training. EOPSS and the mass Police training Committee continued to gauge the operational impacts of reform plan appropriately and implement the necessary changes Due to the evolving nature of needs and the facts. That costs will span both fiscal year 21 and fiscal years 22 funding for920 police reform implementation will be carried in a reserve in an upcoming supplemental budget and I'll be happy to explain the driving factors and assumptions behind those cost estimates. Today I'd like to touch on the work we've been doing in the past year and put context around the number shared in the governor's budget recommendation.

The governor's fiscal year 22 House one budget recommends providing 1.3 billion for EOPSS agencies which represents a discipline 2% increase over the fiscal year GAA This funding level will allow us to continue managing the state's criminal justice, emergency management, forensic science, homeland security and law enforcement apparatus. The vast majority959 of projected costs increases across our secretary and fiscal year 22 can be attributed to the standard marginal growth of healthcare costs, IT. contracts, rent and collective bargaining agreements to help contain those costs and control payroll growth. In fiscal year 22, we plan to realign some positions and investments to meet the Commonwealth changing needs while also keeping a total staffing count level. This strategy will ensure that we have the staff, the highly trained, highly motivated people necessary to carry out the important mission of our agencies and provide the highest level of service as public safety and emergency management professionals.

At the outset, I'd like to highlight one investment in particular that will greatly benefit the commonwealth emergency preparation response mitigation strategies. Moving forward, House one includes a 4.1 million in funding for the Massachusetts Emergency Management Agency, roughly doubling its current state appropriation. This investment reflects the reliance of the commonwealth at both state and local level on MIMA’s ability to provide emergency planning mitigation and response. In fiscal year 15 and 19 on average, MIMA spent 6.5 million in state dollars In fiscal year 20 in support of the COVID. They spent $340 million dollars MIMA historical funding model does not reflect the size and scope of work that they have done and continue to do and in leading disaster response within the commonwealth with additional core operating dollars. MIMA will increase the commonwealth emergency response capabilities by further investing in emergency planning initiatives, training and exercises after action1072 reports.

Local support and logistics and commodities distribution management. Incorporate lessons learned from COVID 19, the Merrimack Valley natural gas explosions and localized and regional regional emergencies to ensure that we have a world class emergency management capability within our commonwealth incorporate lessons learned from COVID 1919 and invest greater resources and natural disaster mitigation and climate adaptation to leverage all federal funding sources and help create a more resilient state1107 and also eliminate the risk of losing federal funding for emergency management work, which the state is required to match. In addition, the governor's budget relied on an outside section to create a statutory trust for disaster1122 response on the MIMA The1124 trust allows MIMA to respond immediately to emergency events regardless of timing in the fiscal year. As the legislator, Legislature works to understand the full extent of emergency response costs and provide supplemental funding for specific events.

Distrust authorizes MIMA to move forward as a bridge for initial contracted services, additional personnel and emergency commodities until supplemental funding is authorized in the event of presidential disasters, declared trust expenditure to eligible for 75% reimbursement by FEMA. In the accounting consistency created by the trust, would speed up the reimbursement process for the commonwealth. I request your support for increasing MIMA’s operating budget in establishing a statutory trust for emergency response. Fiscal year 22. House one also recommends a $747.5 million dollars for the department of correction. A $13.6 million.2% percent increase above the FY 21 GAA. The ELE’s budget is primarily driven and spending by two categories wages from employment of employees and benefit programs and client services for inmates. The fiscal Year 22 funding level1196 allows DOC to maintain necessary staffing levels.

Including a $7.4 million for a class of 150 correctional officers in fiscal year 22 To offset the anticipated attrition rate, a 7.15 correctional officers each week. In fiscal year 21 To ensure treatment and services for inmates, 213.9 million of the DOC’s proposed budget is for medical and mental health costs. Among those costs, 64.1 million is for Bridgewater State Hospital in and 16.2 million1229 is for the Massachusetts Alcohol um Substance Abuse Center, MASAC to support the treatment based model at both locations. In the treatment based model. Internal operations and services are managed by the medical provider Well Path, while DOC correction officers remain outside those facilities to provide perimeter security In fiscal year 22, an estimated 10.9 million with the DOC for treatment options for individuals affected by opioid use disorder, including medicated assistant treatment services otherwise known as MAT.

Embracing MAT for individuals with1264 histories of substance misuse continues to be a priority of our administration. The current cost estimate assumes approximately 12%. A DOC custody population will participate in treatment for the opiate uh for opiate use disorders. If participation in programming increases this this projection will need to be reassessed. DOC has provided now track zone based MAT facility since 2014 and continues to expand the access of other forms of treatment. DOC continues to improve the programming and services it provides. Working1300 with experts and consultants to review operations and procedures and obtain clinical consulting and training services. To reduce the use of restrictive housing, DOC has expanded to secure adjustment unit pilot program at MCI conquered DOC staff assigned to the SEU work alongside contracted health care providers and professionals who received 16 hours and specialized training based on the success of this pilot. MCI1326 conquer DOC is also planning on a new SEU at EMCIC the junction Walpole.1332

While it's important to invest in programming healthcare to support individuals through the duration of this sentence. It is also, it is1340 also crucially important to invest in this1342 successful re entry. About 85% of DOC’s inmate population will return to the community after serving their debt to society. Often the population that comes to DOC has already cycled through other social programs and have fallen1355 through safety nets. The DOC’s reentry planning as an opportunity to try again and equipped those returning to the community with tools to navigate life's challenges and utilize the services available to help prepare inmates for reentry, DOC works to ensure they have the basic, the basics from medical insurance identification. They also work with the inmate to submit mass health applications before they were released and partners with other agencies to provide the inmate with the driver's license or Mass ID and Social Security card.

In fiscal year 21 and 22, the Massachusetts Parole Board continue working to standardize policies and procedures to maintain consistent and effective processes with a special focus on the policy and implement implications from the criminal justice reform. The Governor's fiscal Year 22 House One budget recommends $2.9 million point and $965,000 which is a 4% decrease below the fiscal year 21 GAA. The agency will seek to increase services1418 and support provided to parolee specifically reentry services through its regional offices, which serve as a1425 re entry center. The agency will also continue compliance with the standards set by the American Correctional Association. The board successfully completed the ACAR in July 2020 and received recertification um and received a certificate of re accreditation at last month's national conference. Parole continue to advance the Governor object the Governor's objectives for the agency.

The House One recommendation is designed to reach the goals set forth by the1455 commonwealth into comply with statutory obligations on the mass general last chapter 27. In September 2017 parole has awarded 750,000 Bureau of Justice Innovation uh in supervision. Grant designed to target supervision resources for parolees who are at high risk of opiate um misuse. The program was piloted in our Lawrence, Lynn and New Bedford regional offices, which cover areas that have experienced the highest incidence of overdoses. The program provides enhanced supervision with the focus on substance abuse treatment and medicated assistant treatment partners include the North Cottage and Gavin Foundation residential programs, as well as mash certified sober homes. The University of Massachusetts at Boston will be conducting a full program evaluation as part of the grant as well. 171 Parolees have received services to date and preliminary feedback indicates that those involved have felt more supported in their recovery.

Parolees involved in the PRO Program have experienced zero overdoses. While the program was set to expire on September 30th 2000 and 20 the parole board applied for and received a no cost extension for an additional 12 months through September 30 2021. The parole board has collaborated with the executive Office of Health and Human Services as well as the mass probation service, the Department of Correction, the Middlesex County Sheriff's Department, the Worcester County Sheriff's Department, Open Sky and advocates and referring high risk individuals with acute behavioral health needs1558 to an enhanced navigator program. Navigators assist with the specialist population with access to community based behavioral health services. This project initially specialist population with access to community-based behavioral health. It also piloted the Middlesex and what's the counties and is set to expand statewide through fiscal years, 21 and 22.

Approximately 791 people have been referred to the program at 833 Have been enrolled across all agencies since implementation began in September 2019. While the majority of these referrals are not parolees, those enrolled at the DOC and houses of correction will be eligible for continued services upon parole release Today, the mass state police is composed of 2,847 sworn and civilian personnel. Troopers and civilians provide a vast array of public safety services to citizens and other public safety agencies Within our commonwealth. The department maintains maintains facilities and investigative tactical and support units throughout the state. Fiscal year, 22, House one recommends 415.3 million for state police, 15.9 million, which is a 4% increase above the FY 21 GAA. This includes 23.1 million for the state police crime lab to continue to build on the progress on the sexual assault evidence kit testing requirements. 3.5 million for special event details to fund increased mass port in Massachusetts Gaming commission troopers and two million for the 87th RTT police class set to begin in May 2022.

Over the last year the department has made progress in a wide range of operational1663 reforms. These reforms will allow the department to fulfill its mission more efficiently and effectively and will increase transparency and accountability to the public. In 2020, the department issued a request for a response for body one and vehicle and a vehicle camera program. The contract was rewarded in august and the department began roll over this program with Troop F this month with plans to implement the, implement the program over the next several months across the full state police. The department has completed the installation and activation automated vehicle, located AVL, otherwise known as GPS and this AVL technology will increase officer safety, allow for more tactical deployment of resources and critical incidents and increase accountability. As fiscal year 21 begins the department, the department continues to make significant progress towards achieving state and national accreditation.

The department accreditation coordinator is leading a thorough review of policies procedures to ensure that they are current aligned with President State operations and meet the standards required for this desired level of professional recognition. These accomplishments reflect just a partial snapshot of the work done by the Massachusetts State Police and a representative of a wide scope of operations, projects and1742 programs that that we undertake across the state every day. The Municipal Police Training Commission1748 is also responsible for the development, delivery and enforcement of training standards for Municipal University of Massachusetts, environmental police officers and other agencies within the commonwealth. MPTC additionally provides support for county sheriff's campus police Massachusetts State Police. MPTC, contributes to the safety and security for all the citizens of the commonwealth by establishing standards and delivering training to more than 20,000 men and women who serve as police officers throughout our commonwealth.

These training trains from basic training, a basic academy training to new offices, to specialist training for the civil rights offices designated by every police department in Massachusetts to mandatory in service training and professional development training for veteran offices. Fiscal 22 House one recommends $5.4 million for the MPTC. A 0% increase above the fiscal year 21 GAA for IT costs As mentioned previously, this H1 funding level does not support any costs related to police reform. MPTC operates five regional training academies across the state.1816 Reading, Randolph, Plymouth, Boylston and Springfield. In addition to these five academies, they also authorized agencies under its jurisdiction to run police academies. The authorized academies include Boston, Cambridge, Cape Card, Lowell, MBTA, a Fitchburg State University, Northern Essex Community College, Springfield and Worcester to a new headquarters in Randolph, which currently at capacity will allow for trainings for around 200 law enforcement officers on any given day.

As you all know. 2018 in 2018, the municipal training fund was established as a source of funding for MPTC to provide advanced trainings and ensure that the police and the commonwealth received the critical tools needed to ensure the safety of the citizens within their communities until the establishment of them of the Mass Police Training fund. MPTC lacked revenue to comply with his training obligations, which increased costs to municipal police departments. Local police departments were forced to use over time and backfield costs in order to satisfy satisfy the mandates the legislators the legislature implemented related to police training. The training fund provides a source of revenue, a $2 surcharge on car rentals for for the MPTC to deliver training at no cost to police throughout the commonwealth. As1903 MPTC. Moves into new into the new training facility, funds from the MPTF will be, will be used to purchase enhance technology to deliver training.

We anticipate adding additional milo, firearms, uh, simulations, training use of body chemist to evaluate student officer performance and the implementation of driving simulators from former remedial driving training. The training fund will support our ability to deliver remote training from the new facility. One thing we are monitoring closely is the uncertainty of revenue generated from the slowing economy due to the pandemic. The fourth quarter and fiscal year 20 saw a 60% decrease in revenue over the same quarter of fiscal year 19. The revenue dropped from 1.5 million to 615,000 in that time period. In total, we anticipate a modest recovery in fiscal Year 21 anticipate $3.2 million significantly below the 8 to 10 million initial annual projection for the fund revenue collections will likely not recover fully until the pandemic is fully under control. The Department of Fire Services is responsible for fire training to firefighter's in all cities, towns and fire districts, certification of firefighters and specialist feed based training to certain private sector groups such as gas and utility workers.

They are also responsible for coordinating regional hazardous materials response teams throughout the state and for fire safety, which includes education investigation, regulation, inspection code enforcement and technical assistance to fire departments, the public and regulated trades and industries. The state police, fire2004 and explosion investigation unit, including the fire investigation unit and hazardous devices unit. It is assigned to the, the Department of Fire Services, with about 40 firefighters in bob school bomb squad technicians available to rent the explosives safe and investigate the origin and causes a fire in most cities and towns across Massachusetts Fiscal 22 House one recommends 31.62029 million for the Department of Fire Services, which is a 2.5 million, 7% decrease below the fiscal year 21 GAA. With the support of governor Baker in the Legislature. In fiscal 20 DFS began development of an 18 acre southeastern Massachusetts firefighter training facility in a training technical rescue rescue training facility at the former Department of corrections treatment facility in Bridgewater.

Fiscal 21 will be the first full year of operations at this campus. The Department of Fire Services has partnered with DECAMM to perform master planning, study design and construction of various improvements to the new facility in Bridgewater. These improvements to the Bridgewater campus are funded through the capital budget. The military division of the commonwealth supports the planning development and execution of the military forces of the commonwealth, which includes the2090 Massachusetts Army and Air National Guard. This agency supports the mobilization and demobilization of personnel for use in national defense, homeland security as well as the as defense and domestic emergencies within within the commonwealth as activated by our governor Physically at 22 House one recommends 24.7 million for the military division and 84,000, 0% increase below the fiscal year 21 GAA. This includes 10.4 million to fully fund the annual cost of the National Guard tuition and fee waivers for National Guard members.

The military divisions, tuition and fee account has been increased to account for the, for the increase in usage by the Mass. By the Guide members, an2136 increased cost of education. God members are eligible for free tuition and fees at Massachusetts, community colleges, Colleges and universities for up to 120 credit hours per year. This benefit is a great retention cool. For our guide, the office of the chief medical examiner's mission is to determine the cause and manner of death for deaths that occur in Massachusetts on the violent, suspicious and unexplained circumstances and to release work products such as death certificates and autopsy reports in a timely fashion, providing accurate timely information to suit the needs of the citizens of the commonwealth has been a major priority of our medical examiner's office. Fiscal year, House one, fiscal year 22 House One recommends 18.9 million for the OCMA. Which is a 23,000, 0% increase over the fiscal year 21 GAA to support 122 staff And re and renew the accreditation in fiscal year 22.

Since 2017, the OCME. Has made significant improvements to the delivery of medical legal investigation services to the commonwealth. They have achieved the goal of completing 90% of death certificates2204 and autopsy reports in 90 days and for the first time ever granted full accreditation by the National Association of Medical Examiners on July 29th 201818. Turnaround time for autopsy reports and death certificates continued to adhere to name metrics and on January 14th 2020 and again this January 2021 the OCME has received official notification from name of its continuous continuing full accreditation funding in the fiscal year 20 budget enabled the OCME to open a new office in Westfield, expand services in Western Mass to seven days per week, promote to graduating forensic pathology pathologists. Uh pathology fellows to staff medical examiners purchased an auxiliary cooler for the sandwich office to increase decedent service capacity and accommodate the expanded services.

Upgrade the X ray machine in the sandwich office, deploy a cremation portal to streamline the cremation authorization process and develop law enforcement porter, which enables state and local police to access to public record data. They need to finalize their investigative reports. The OCME saw a 9.7% increase in the number of deaths reported to the agency during fiscal year 20 A review of this data indicated that OCME accepted jurisdiction over 7515 dust, each reflecting a grieving family and a search for answers through the medical legal investigation process. Of the accepted cases, no fewer than 6,469 were transported to the OCME for examination by staff. Medical Examiner's. 234 were examined in hospitals or funeral homes by by medical examiners2305 and 671 were chart reviews. Staff medical examiners have generally maintained the National Association of Medical Examiners metric of completing 90% of their cases within 90 days.

This means that the vast2320 majority of families are no longer waiting a long prolonged period of time to receive death certificates and autopsy reports. Those who do not weight in excess of 90 days do so because of the complexity of the case. The Department of Criminal Justice Information Systems, uh Services manages and administers the commonwealth, Law enforcement information and Criminal record systems. The firearms records bureau, in the post conviction victim notification program. Fiscal year 22 House One recommends $5.7 million for DC, just a 14,000, which is 0% increase above the fiscal year two GAA The H1 funding level positions the department to meet increased demands for cost services and plays a key role in the development and deployment of a number of strategic multi agency integrated justice technology and information sharing initiatives. A sample of the strategic programs that DC, just will continue partnering with.

The office of the executive Office of Public Safety and Security departments, the Executive Office of Technology, Security and Services, the Department of Transportation registry, motor vehicle Services division in the Trial Court and local police departments include continue roll out of the Electronic monitor, Motor vehicle Citation and Crafts reporting System, which facilitates both data collection and criminal justice information system, modernization, data collection and reporting standards for criminal justice agency, which includes updating the systems of of record at houses of correction to allow for standardized data sets that can be accessed by researchers, oversight agencies and other and implementation of Haley's law, which sends electronic notifications to police department for drivers in their jurisdiction with the revoked or suspended driver's license. To accomplish this above the DC’s budget is built largely around fixed personal costs and chargebacks, technology and leases uh equal in 93% of the total appropriation.

The remaining 7% is otherwise obligated to support the department's operations and subscriptions. In addition, as a revenue generating agency, DC just collects more than two times its operating budget, Roughly $6 million, with annual revenues of approximately 13.5 million. The Sex Offender Registry Board, otherwise known as SORB promotes public safety by educating and informing the public to prevent further victimization. SORB t registers and classifies convicted sex offenders according to the risk of offense and degree of danger they pose to the community. There are currently 10,457 sex offenders registered within Our Sex Offender Registry Board. In fiscal year 2022 House one recommends 5.7 million for the sex offender registry registry board. $11,000, which is 0% increase over the fiscal year 21 GAA So processes approximately five million sex offender registry information requests searches through its database on an annual basis. These requests are submitted by organizations and state agencies in charge of the care and protection of children and other vulnerable members of the public.

SORB has identified an upgrade to its database that would improve the information request process by creating a public facing system enhancement. This enhancement would allow easier access to2535 real time public safety information and would utilize up to date electronic greeting of this crucial information The project estimate from the vendors $1 million Federal Grant funding that SORB has secured for the project and capital funds through the executive office of technology and security. I would like to conclude my remarks by2558 thanking you for your collaboration over the course of the past year and your thoughtful consideration of the goals we laid out here today. As I mentioned earlier, they reflect our commitment to steward state resources responsibly transparently and in ways that fulfill our mission to sustain increase public safety in the 351 cities and towns of2584 our Commonwealth.

It's been said many times that the pandemic change almost every aspect of daily life in Massachusetts. But what it did not change was the expertise, the innovation, the commitment to duty that EOPSS agencies and staff brought to their work every single day. They continue to patrol our roadways, work behind the walls that are correctional facilities and coordinate food and shelter for those in need. They took 911 calls performed autopsies, help parole hearings and classification hearings, conducted hazmat responses and train the next generation of police and fire among countless other responsibilities necessary for the continuity of public safety services. They came to work and carry the mission forward every single day, even when it placed their own health at risk. And I am deeply, deeply grateful for the a countless contributions to the safety and stability across our commonwealth. At this point, I'm happy to answer any questions that you may have.

SHOW NON-ESSENTIAL DIALOGUE

SEN GOBI - Okay Um to start with one of the things that you had mentioned about on some of the reentry and there was included2689 in the Governor's budget $4 million in FY 21 to support the emerging adult reentry programs aged 18 to 25 who2695 returning to their communities from state prisons, county correctional facilities. However, in this budget that was eliminated, I know that you spoke a lot about some reentry programs. I don't know could you kind of discuss what the status is of the emerging adult reentry program?

TURCO - So what I would like to do is turn that question over to commission Mici um you know, and that's a very good question and I know she has the proper response for you.

CAROL MICI - DEPARTMENT OF CORRECTION - Good morning. Um So the emerging adult unit was slated to open June 1st of 2020. Obviously the pandemic put that on hold. So we have um used the funding that was supplied um and we also2762 have some grant funding that is supporting that unit with hopes to open that unit of June one of this year.2774 So we really just lost the year of time because of the pandemic.

GOBI - Thank you. That's very helpful. Uh Within Mhm. Within the governor's budget is a new line item for the Office of grants and research and I'm not sure. Mr. Secretary, if you have commented on that, I may have missed it in some of your remark. Um do you have can you maybe discuss what the vision would be for that particular office and the funding? It's not a great amount of money. It's about $100,000. But it would be interesting to2809 know what were the plans for that. Thank you.

TURCO - No and thank you for that question. I believe we have the executive director of Office of Grants and Research Division Kevin Stanton. Um he made a request for us on that $100,000 and Kevin I would you know like you to respond to that question please.

AMI JOY - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY - Hi Secretary. If it's all right, I'll take this question. I’m Ami Joy CFO of public safety. Um are intent with the 100,000 line item is to create an opportunity for direct state funds. The way that OGR funding works now is the office is exclusively funded by the admin percentage on grant these So we typically take between five and 10% as as defined as allowable in the terms of a grant to support salaries there are a couple missions2866 that we'd like staff to do that aren't inherently tied to the grant they're working on such as reporting preparing legislative reports. We'd also like to explore whether it would make sense to hire a grant writer to potentially assist in bringing more federal funds competitively awarded into the state and would potentially look to redirect some rent expenses onto the 100 K. Line.

GOBI - Okay. So just so that I'm clear so um a good portion of it would be for for um cost associated with2902 duties of personnel and then you mentioned some rental obligation?

JOY - Correct has been alternative to if some of those existing costs off the admin allowance on grants that they administer.2918

GOBI - Okay.

SHOW NON-ESSENTIAL DIALOGUE

REP WILLIAMS - Thank you senator. I do have uh several questions. The first one being uh the nonprofit security grant program was a new line item in recent years funded to supplement the budgets and then in FY 2100 and one million dollars we're pleased to see that house one level fundamental. Count you provide a general update on this line item and the programming funds and where the greatest needs have been for the funding.

TURCO - Ami Can you respond?

JOY - Apologies. I was on you there. Uh We are happy to provide a list of nonprofit security grant recipients for your review.

WILLIAMS - Okay. That's and then the and what was the greatest needs have been for this funding? What were some of the needs for the non profits?

TURCO - Mr. Chair. Um A lot of the things we're looking at for nonprofits um include places of worship and some other high profile areas um in the places of worship of one of the biggest issues that that we've been faced with. Um we've put out of security um um response. Yes. And what we recently released another wave of grants, um I believe we had close to 69 um uh places of worship that have responded and applied for that wave. Um Last year we I think total money is over two fiscal years is grant funding is up to three point, I think it's a little over $3 million 3.2 million. Um And you know, we were hoping to have prior to the pandemic, we were scheduled to be at Gillette um and we were going to have a places of worship seminar um for secure security seminar. And unfortunately that place us on hold. So what we did is we try to put out that task force um and guide for guidance. Um and we did that virtually this year. We included in the grant application as well.

JOY - And I can speak to the FY20 numbers I have in front of me here, we awarded just under 1.5 million to 68 religious institutions.

WILLIAMS - Yeah, I think that's a it's a tremendous program. And then you've touched a few place of worship out here in Western Massachusetts.3101 Hope we continue the path. The next question. The Boston Regional Counter Terrorism Intel center or Break has been a project of the Legislative governor. Could you update us on3111 the mission and activities and how it assists in fighting terrorism? Uh, I'm not gonna say foreign, I'm gonna say domestic.

TURCO - So, you know, and and I appreciate this question because it's something that the executive Office of Public Safety Security has worked very closely with both. Um, the BRIC as it's known as well as the state Police fusion center. Um, you know, as we all know in today's society were faced with a lot of both. We look at both the domestic terrorism3141 side as well as, um, as well as many other um, terrorist attacks. Um, cyber being one of the biggest ones. And, and you know, with the BRIC is we are very supportive of the BRIC. Um, myself personally, as well as the governor, um, they've the BRIC, um, as well as the state police have worked very weak, elaborately together to identify these threats.

Um, it's a very, you know, we've truly support them. We we support the efforts they've been, you know, um, through the, through recent events over the past year. Um, The BRIC was able to um, produce some, some valid um, threats to the agencies especially, they were able to have their communications with other states as well as the fusion center of the State police to see what some of the challenges they had. Um, so, so obviously, uh international domestic terrorism, as well as cyber security issues, are a big part of the intelligence that both the BRIC and the Fusion center provide to the commonwealth of Massachusetts.

WILLIAMS - Yeah. And I want to thank you for your response, uh, during the period of around January six, we're having a lot of activity throughout the country, especially in Washington. And your response to cover us in the Commonwealth was, was really outstanding. Well, thank you for that. The other question, the legislative provided $8 million dollars in a3237 supplemental budget several years ago, the fund of the processing of sexual abuse evidence kits and reduce the backlog of unprocessed kits. We have now been concerned to see that for several years, we have needed to carry unused funding forward. Will that funding? I'll be spent this year? And what has been the main challenge and spending that money? And we made progress in both reducing the backlog and keep keeping with process and newly submitted kids.

TURCO - So, another good question. Um, so obviously the sexual assault evidence kids when3270 I3271 first came in, uh, into my position is secretary. Uh, one of the first things um,3277 that was brought to my attention. So one of the challenges with the sexual assault, the collection of sexual assault evidence kids that had previously been have previously not been submitted to the lab. We had we had to pull3291 we had to do a study on all the communities within the commonwealth of mass to determine what kids were being held by police departments that hadn't been to the lab3304 for any purpose, whether or not it was criminalistics um or um or for sexual assault testing, DNA3310 testing. What we did is we identified their first wave of of kids and we broke it into, we broke it into um two groups.

One is those kids that have never been there and those kids that have been to the lab but were never tested for DNA. We have been working on that and you know, and no disrespect to anyone on this call or the DAs. We've3338 been able to provide the DAs with a list of those. Um And we call the phase two, we focused on Phase one, we contracted with body and outside testing um Company. We were able to were able to clear up that first, that initial backlog of cases, we're now working on Phase two where the lab had some, they were able to identify all those kids that have been to the lab. However, they were not tested. For whatever reason, it may be whether the DA chose not to move forward, they resolved the case or the victims chose not to move forward. Um but those kids now uh that those lists actually exist in the within the district attorney's offices throughout the commonwealth. Um It's a tedious process.

It's the DAs are reviewing those lists they're going to get and then they're going to respond back to the to the crime lab and notify Kristin. Sullivan at the Crime Lab of what kids need additional testing. So it is in the process and and we apologize but obviously, you know, and we're not making this excuse but the pandemic has definitely3400 set us back a little on that. But I can assure you that we're in the3406 process of moving forward and and um as the DAs provide us with the list with as they cross reference those cases and and they notify us what cases need further follow up. We will we will test those kids. We we have that money that you that you re you know that you just related to and were willing to and we've worked with body and we have we have cost estimates of what it would take us to do. So we are moving forward with that with phase two of that and that should clear up the full backlog and commonwealth.

WILLIAMS - Thank you. And I got two more questions to the secretary of the uh pumped back to you and then I got some questions for the state police and corrections, The final two questions in this phase. Uh and this is a very important issue to us with the criminal justice reform that we talked about. Could you give us an update on the progress of criminal justice reform from both a policy and a budgeting perspective, how much money has been spent to achieve its goals? What have its successes and failures of that effort been whether the next step and how can the legislature be helpful in maintaining the momentum of gender lines sweeping and transform the uh CJ reform? And I want to uh on the heels that I want to thank uh Speaker former Speaker DeLeo and current uh speaker huh Mariano for really helping us with this criminal justice reform that we passed at the house.

TURCO - So uh thank you chair um before I turn it over to the commissioner and into our CFO Ami Joy at a EOPSS um for high level response as far as um find you know fiscal cost to criminal justice reform. Um The first nine months of criminal justice reform, I was commissioner of the DOC and I know we provided cost estimates of what it would of what we anticipated. Um Criminal justice reform would cost in certain areas. Now we've focused on reentry. We've also focused on medical parole has been a big piece. I only had to um deal with probably a handful of medical parole cases but our commissioner Carol Mici is handled over 400 requests for medical parole to this to this point here. Um, I know she's with her fiscal team now. So um, maybe commissioner Mici you can respond to an elaborate further and if we can't elaborate and answer all the parts of that question, we can get back to you with.

WILLIAMS - Thank you. Mr. Secretary.

MICI - Hi, good morning again. Um, so we have all of the money that was encumbered for criminal justice reform a few years back has been spent and put towards the changes within the commonwealth facilities. Um, uh, the secretary referred to secure adjustment units. Um, we had started when it conquered. It has been very successful and we are creating one for Souza Baranowski correctional center which3635 is underway right now. Um if the work is being is being done and we hope to open that June July as we've all said, we kind of lost a year of some time here with some of that. Um as far as other reform within the Criminal Justice Reform Act, medical parole, it was as was mentioned um I have reviewed at least 400 plus cases of medical parole.

47 individuals have been placed on medical parole um since I have been the commissioner. Um Other parts of criminal justice reform have included things like expanded um seriously mentally ill um definitions. So we have brought on more clinical staff because3680 our SMI population of inmates went from about 8% to About 25% with that change in definition, so3691 that that caused um needed more clinical staff. All of the reviews that were recommended in criminal justice reform have been underway for several years. So we're just really waiting on the last construction piece for the secure adjustment unit at this point. And as far as the money spent it's it has been spent. And if Ami can't wants to refer to any more of that, certainly I'm open to that as well.

JOY - Thank you. Commissioner to build on that last year in FY 20 across our agencies impacted by criminal justice reform, including DOC Parole, state Police Department of Criminal Justice Information Services and our executive office. We spent $17.9 million this year we're projecting to spend 18.7 million and the full cost of continued implementation, which we are now beginning to view as ongoing maintenance costs are built into the FY 22 budget request.

WILLIAMS - Okay. Thank you. And I had a follow up question um before that rep Holmes sense of questions in terms of the going back to the kids now that we've3774 tested all of the first phase, um All the kids and phase wasn't being tested.

TURCO - Yes. Thank you. Um I have under Secretary Kerry Collins3787 who3787 oversees the lab Kerry are you on?

KERRY COLLINS - EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY - I am Secretary.

WILLIAMS - Rep Holmes sent the question. Have all the kids in today's one been tested?

COLLINS - Yes, this is Kerry Collins. Yes, Secretary and Yes Representative. All of the kids from phase one have been tested.

WILLIAMS - Okay. Okay. My last question, I'm gonna turn it back over to senator Gobi is that There's a proposed $15 million reserve in the budget for proposed changes in the Section 35 facilities and treatment. I'll have passed funds3827 been used. Well, what is the intended use to the additional money when the last appropriation made in this supplement? The budget was spent. Some advocates insisted that it was done without input from them despite language requiring consulting with them. We were very crystal clear on the language to consult with him. When we did the treatment stuff, have the advocates and others with substance issue has been involved in planning the spending decisions this time. And how do you respond to those who think this shouldn't be a public safety functional, but a public health,

TURCO - So thank you chair. Um So when, when Section 35 at MASAC um initially the MASAC facility was located on the Bridgewater campus, um we made a decision um and we looked at Plymouth at the time. Um We were repurposed in Plymouth and we had quite a bit of um Free beds in a minimum facilities, so we were able to move out what we had at Plymouth in to open the Section 35 facility um in Plymouth. Um We were looking to provide a more therapeutic environment for them. We work closely with the health and human services group as well. Um as you know, section 35s are our court commitment and the in the judicial branch makes the makes a recommendation and going from my court days, makes a recommendation that the individual um need that poses a danger to himself or others and needs a needs a secure setting.

HHS does not have secure settings throughout the facilities that they run. Um and I do have the commissioner on this call as well. Um and I know3937 Sheriff Cocchi um myself under secretary Andrew Park, commissioner Mici and Sheriff Cocchi. He has met numerous times. Sheriff Cocchi was working with the department of corrections as well. We would um you know, to3949 have a center out in in the western part of the state. Um and so I'm going to turn it over to the commissioner as to I've been out of that position for 2.5 years, but we've been working really closely on that. We can explain the 15 million because of some lawsuits3965 that have come about where we had to remove correction officers from within the walls. We've staff them with fully medical trained personnel in the correction officers are only providing security outside the wall. So commissioner.

MICI - Yes. So the money put towards the section 35 facility really had to do with the change of staffing. We we turned it into a true treatment facility as the secretary indicated there's no more correction officers inside. They are only section 35 only work with staff that are employed by our Bender Well Path. So that was a great deal of the money. We've also done a lot of improvement within the facility. Um It um it does did not have a lot of space in there. So we had to drop in a few extra buildings to create space. Didn't have a lot of recreation and downtime activities for when they're not in groups. So we needed to create space for that. We um we needed to create a medical unit because there was no medical unit down there. These people come in very very sick and needs to be closely monitored.

So we had to create what we call it like a mini infirmary. We also had to create a medicated assistant treatment unit down there so we can provide matt. We provide all forms of three forms of matt down there. So we have put a lot of money into infrastructure, staffing, resources, changes um for the betterment of the program. Um and that has been um um well received. And as the secretary we pointed out um Sheriff Sheriff Cocchi um We are we have a partnership with him under a memorandum of understanding that Section 35 from Worcester County and West will receive their treatment in that facility in Hampton County.4084 And Sheriff has done yeoman's work there as4087 well to create uh an excellent treatment facility again without correction officer inside. So that is when where the majority4095 of the money hasn't spent.

TURCO - And Mr. Chair, One of the things moving from the Bridgewater campus which was an open facility uh with bunk beds4109 um and no private betting. Um We were able to do that at Plymouth. So you know, instead of everyone being in the bunk environment we were able to give them um their own bedrooms in in either bunks of one or two in a room. Um So give them some privacy.

TURCO - Thank you. Mr. Secretary.

SHOW NON-ESSENTIAL DIALOGUE

GOBI - Thank you. Thank you. Mr. Chair and and thank you again. And I do have a number of questions since we were on DOC I think I will continue with that as well. The um court order that came out with the SJC for depopulation release of4152 incarcerated individuals. Could you kind of comment to what has been the financial impact that4159 has had on the department?

TURCO - So um I know Commissioner Mici is on this call. Um I don't know how much of a financial impact but um I can tell you the population at the throughout the department of correction has decreased considerably during the pandemic and the number of um review inmate4183 reviews that were um inmates that were released um through medical parole through um uh through the commissioner can elaborate on this a an electronic monitoring program um uh for inmates to be released out of minimum into the, into the community. So she has worked very diligent on on trying to, and I know that there was some court decisions, um but I know that the commissioner herself has worked really hard and trying to get individuals in proper4215 settings, especially through the pandemic. Um and I know financially we have again, we have our CFO on the call, so she can explain any financial impact that is, but Commissioner, if you want to move on.

MICI - Yes, Absolute. Um so as far as our population decreasing, it's probably in the last year, it's decreased about 20%. Um that has been through um let's admissions coming in. Um Less parole, Violet is coming through the door. Um some court decisions that released inmates medical parole decisions made by myself, home confinement as the secretary referred to, um working with counties to make sure I could put the women that were at4263 self Middlesex into the same environment that they had itself Middlesex and the same security level. I work with Middlesex, Essex and um Hampton County. So I was able to close South Middlesex correctional center as well as another minimum security Shirley minimum which was for male minimum security inmates. That allowed me to have about a $2 million savings and overtime costs. Um So that are those are the major things that have happened with the cost savings with the reduction in population. Ami certainly I opened it up to you as well.

JOY - Thank you Commissioner. I would add to that. As the commissioner said, we saved about 200 or $2 million infected overtime costs through the facility consolidation. I think you would see a bit more savings in the DOC Spending this year had it not been for COVID? Um Some of our kind of core correctional expenses were down but other sorts of things like being able to provide food um in in cell rather than in a communal setting drove costs up which sort of offset the savings. But we're certainly expecting to see less spending on core correctional services through the next year. DOC Is continuing to invest in health programs and services and the cost of health care continues to4348 increase. Which sort of drives increase in spending. But I think if you look at our spending by type, the drop in population really allows us to invest more in programs and services.

GOBI - Thank you. I appreciate that. And uh Mr. secretary I know in your testimony you spoke of shifting gears just a little bit but still on on DOC You spoke that just this past week that there were only three active cases of COVID amongst of um, 6400 inmates. As you know, you know, there was a well publicized report that came out, received a lot of media attention about the number of correctional officers and inmates that have refused to take the vaccine. And I'm wondering if you could kind of comment on that if there have been some efforts taken on education for both the employees and, and what sort of percentages that we4403 have to now for people having taken the vaccine of those who have right refused.

TURCO - Thank you. And you know, I appreciate this. Um, so on the testing piece, the commissioner in EOPSS, um, we've been working really close. We have contracted out with an ambulance company. We continue to provide um, COVID testing to facilities randomly or if we see an uptick in COVID numbers or COVID related um symptoms. We've also worked with health and human Service department, we're testing the wastewater, uh, to see if there's, if there's an uptick through wastewater of code related symptoms. Um, um, particles were also, um, as far as the vaccinations in the, in the staff.

I can tell you both inmates and staff um, were very receptive to the testing protocols of COVID through4462 the rapid tests and a PCR if they produce positive results on the first initial test of the rapid test, The vaccinations. Um, they have started slowly. I can tell you though inmate vaccinations are well over 70%, low, 70% of those that have volunteered to be vaccinated. Um, We, we've put out public awareness videos to both the staff. We've contracted with a company with4490 public awareness for4491 the staff as well as for the inmates where we had some prominent individuals um um uh Uh, volunteer to be videotaped and, and highly recommend the vaccination and the importance of it staffing. It started slow. Um we're roughly of the whole staff at the department.

Um we're a little over 53, 54% of those that have been vaccinated. I'd like, I don't know if those numbers have changed at all the commissioners on the call, but but the commissioner put out a survey a week or so ago. Um And in the survey we I believe we is close to 500 now, additional CEOs, um and staff that have um indicated that they would like to be vaccinated. So we're working on that project right now and establishing a date to test the remaining staff. Um I don't know if the commissioner has any updated numbers, um, but she's been on it and she's been really working hard with the MAKUFU union and they've been trying to encourage their staff to be vaccinated. We, we all feel that it's important, um, to, to increase the vaccination numbers.

MICI - Yep. So everything the secretary said is spot on. Um, we, um, did many, many videos for the inmates. We downloaded it right to their tablets. We played that on their TVs. We played that wherever they walked, we played the videos we posted, we had postings all over the facility. They're still there. Um, medical stuff walked around Unity Unit, educating stuff. They did their own campaign. Um, staff got the same notifications. Um, the secretary is correct.4599 There was the MAKUFU, partnered with a medical doctor on the outside to educate their staff to get vaccinated. They tried to push it as much as they could.

We are at 52% of staff right now. The secretary's spot on. I have 500 people that are willing to get vaccinated. Um we're in the process of signing those people up and inmates are at 72% or 73% as of this morning4626 and we're doing the same thing with the inmates just constantly and now that I'm fully vaccinated and out and about in institutions, it's what we talk about all the time. While I understand personal choice, we are encouraging it to the best of our ability. I'm not going to stop and I'm committed to vaccinating any person that is willing to get vaccinated with staff or inmates until we can get as many as possible done.

GOBI - I appreciate that. Thank you. Within the FY 2021 budget there were funds that would be4660 expended for an office of ombudsman. And I'm just curious if you could comment on that. Has that happened funds been expended or what is the status of that office? And and if it is working how is it working? Thank you

TURCO - Unfortunately, um It was working well. Uh the attorney general. Um The attorney general's office was working very closely with um Secretary Sardis and her team on identifying an abundance one. The DOC Is very receptive to that person coming in and working with us and moving forward. However, the individual that we just offered the job to just declined. Um We were just notified of her declining. So the AG and the HHS will will now start looking at the other candidates that they had.

So um we we are fully committed to moving forward with the ombudsman. We didn't get a DOC and EOPSS did not get involved in the individual. Um I felt it was better for the attorney general's office and secretary Sardis to actually um um screen uh an individual for the job. I think it's better to keep the DOC out of that process. Um I wanted to be a fair and impartial individual not somebody that the DOC has hired. We have we have the funds to put that person in place. We just need now to really find the right person for the position. So we are moving forward with it though.

GOBI - Okay well that's unfortunate that that happened. Um I know4752 that you spoke a lot Mr. secretary and and I appreciate it on on the opiate matt. And um could you comment a little bit more specifically about mental health programming? There was a report that came out in in november from the Department of Justice that was a bit critical of the department failing to provide some adequate mental health care to prisoners. And I was wondering if you could comment a little bit about that and I apologize if I didn't miss that in4784 your initial testimony.

TURCO - No need no need to apologize. Um Commissioner Mici, can I um can I have you handle that one?

MICI - Absolutely Um so I hate to keep saying this. Prior to the pandemic. Um we had started to look at the mental health treatment within the facilities because of the SMI increasing the definition of the change in the definition, the increase in SMI we needed to really look at how we could monitor these populations better because we only have so many specialized treatment beds. Um So what we have done is we we took a look at what we used to call a mental health watch and look at the fact that we needed to, first of all just changed the name to its therapeutic supervision. And we started that process a few months ago and it's not just about an inmate sitting in a cell anymore, being watched, whether it's a 15 minute what you're an eyeball watched, but it's about meaningful activity.

So there is opportunity for the inmate to have three out of cell contacts and they actually can go into an activity room and actually play cards or do some kind of meaningful activity while they're still on that watch. Um Just the language change alone, I can tell is working. I think that made a huge impact. We have much better triage processes with the correctional staff involved in that that actually watch the inmates. So they understand why clinicians are doing making the decisions. They are I have retained to mental health contract consultants. Um They they start next week, we have a meeting I think it's Monday. Um Lindsey Hays, we have used4892 in the past who is very well versed with Massachusetts, um commonwealth, our agency institutions as well as um Ms. Barboza Sharon Barboza.

Who specializes has a fantastic background and all the treating of mentally ill.So we are moving for we were making these changes anyways, we certainly looked at the Department of Justice investigation very seriously. We responded to them. We had a great meeting with them in December and we're moving forward with changes. There's a lot of things4925 we want to do. Unfortunately, they cost money, but we are working towards making those changes in making sure that inmates that have to be placed on therapeutic supervision. It's a much more meaningful supervision. And it clearly is what supervising the inmates and make sure they are making some strides to get better or do they need alternative treatment.? Section 18 A. Um maybe a specialized unit. So it's um we're on our way to really improving that system.

GOBI - It sounds like you're making some very good strides. That that's4962 that's good news, Good news to hear. Thank you.

TURCO - And Madam Chair. I believe our CFO Ami. Do you have the cost estimates on on what we're spending on the mental health peace?

JOY - Yes. We contract out to a4976 mental health provider as we use external vendors to provide all of our services. In DOC.4983 In FY 21 we're expecting to spend 23.2 million on mental health. And in FY 22 were expecting to spend 26 million About a 12% increase. It continues to be4996 a watch area. We certainly wouldn't want funds to restrict the ability to provide care. Um, so we'll keep an eye on that number throughout the year.

GOBI - Yes, that's helpful because I believe in that in the line item um for mental health programming, it's um, you know, at 4.8 million. So you're obviously talking much greater investment, so, um, good luck. Uh if I5023 can Mr. chair, I know that you mentioned, um we're going to ask some questions of the State police a little bit later, so I'm going to skip those questions for now. And um, I did want to go back to the municipal police training and I know Mr. Secretary that a lot of the cost um for the implementation of the police reform bill, not known. And I and I appreciate that that you're still kind of working on those numbers.

And obviously that would be very helpful as things progress to make sure to keep the ways and means committee specifically, um to know how that is progressing and and I do want to thank you. I know that you're planning to meet with some of the Western Mass legislators next week who had some concerns specifically about, you know, some of the costs that some of our towns maybe needing to incur because of this. Have you come up or do you have any idea what that cost would be to our municipalities for implementing some of the training that is required?

TURCO - So, we are not at this moment. What we've been working on, though, we know there's going to be a cost for the additional trainings that are, that are recommended or required in the bill.5104 Um, roughly we have about 17-18,000 police officers in the5108 Commonwealth of Mass, but with all the additional groups that MPTC is going to be required to train up, We're looking at 23-24,000 members. Um one of the one of the things we're working on and we really can't formulate a true cost of the additional training that some of those communities are going to be faced with. Um It's regarding one as we're working on collecting the rosses of every police officer, very police department officer in every police department within the commonwealth, which is which we're working on now. I believe we've collected over 16,000 records and we don't have much further to go to finish that that piece.

Once we collect those, those um the rosters, then we will work on the training records for each of those departments. Um We're releasing some type of guidance um to these police departments that we're working5160 on. Um So what we're finding and and um Representative Holmes and Representative Gonzales during our communications with them when police reform was, was at the beginning stage. Um One of the things that they recommended it, that law enforcement would be trained up to the same standard, universal standard within the commonwealth. So that's a challenge, especially for the smaller communities and smaller department um in its MPTC the commission itself will be working on identifying those those needs and how do we train them up? So once we determine their training standards that will require additional training, then we can stop putting together a cost estimate for those departments, those reserve offices.

We've talked about bridge academies and bringing those reserve officers as full time police officers. There's some departments that that um and that we're realizing right now that we can't we can't locate training records um or they either don't exist or they're they're older and they're paper. So those are on paper. So those are, those are the real challenge is the biggest costs that Municipals are gonna really gonna incur during, during um this training proposal would be the backfill over time. Um5242 already police departments in Massachusetts. Um they're required to do so many hours of5249 in service a year. Um The additional trainings are going to add to that in service just in itself. And then those departments that that um primarily operate with reserve offices. We're going to have to train those offices up which is going to require. And MPTC's thinking somewhere between 120 and 200 hours.

Um And in my earlier testimony, we talked about um you know, I spoke about doing that virtually online training, which should help, um and that would that would actually help us with the backfield, but those that have to do what we're noticing, what we're realizing right now, and we don't have, um I do have an estimate,5289 but um, uh Bob Mueller, who is the Executive director, uh ex Chief of Wilbourn Police Chief, and Wilbur in uh anticipates and estimates probably close to 70,000 hours of emergency vehicle operation training. Um, so, so that in itself is something that has to be done in person, even though he's buying simulators. Um, so those are the those are the big things right now. We're hoping we're going to work with the communities to try to minimize the cost of whatever backfield there may be. We'll work with each individual police departments chief to hopefully identify the lack of all the training records that do exist.

Um and from there, we've also made a commitment that we're going to be announcing to the Chiefs that, and we've had some zoom calls with Chiefs and, and I have to tell you, we had 278 Chiefs participate in a zoom call back on March 11th where we discuss what we're going to try to do to help minimize the, the cost to their communities. Um, bob Mueller is willing to take a traveling team of trainers to those communities and hopefully that we can do so when they're on their normal shift watch where we could probably help with training. And and unfortunately if there's a call that they might have to respond, but we may be able to minimize those costs. So we're we're actually working and looking at every possible solution to try to minimize those costs. However, there is going to be a cost to those communities. And, you know, we've made it, you know, we've made it known to them, but we'll do anything in our power to try to minimize that.

GOBI - So. And currently, now communities are being reimbursed for that backfill overtime. Is that correct

TURCO - No, that's not correct. So for in service training now,5400 um the community, those departments, when they send an officer in service training, they're responsible to5406 how to backfill that shift, whether they whether they backfill the shift or not or whether they or whether they do shift adjustment with those with their offices um in Western Mass, specifically, um The State Police are responsible for 100% policing uh in 115425 communities and in 51 other communities, they share policing responsibilities. So I've also uh you know, hopefully that we can, you know, we're looking at a solution with the State Police and some of those communities up there um where the state police could actually add uh an extra patrol in some of those areas to help with the, help with the back feel of some of those communities, um the backfields and eliminate some of the overtime.

Um Also, the sheriff's departments were bob Farrell and his team are working with the Sheriff's department. They're part of the police reform bill because they have deputy, they have deputized powers um administered and authorized by the sheriff. Um a lot of the sheriff's um and we pull those numbers and I and there's quite a few with, we're talking probably close to 1500 or a little more and I could be, could stand to be corrected. We do have that number with the Sheriff's. Um The Sheriff's Association has compiled numbers of the amount of sheriffs that have deputized powers that have completed a reserve academy. So they'll all be, all those sheriffs will also be bridged up to full time police powers. So hopefully, you know, and I know the sheriffs have offered their assistance to maybe go to some of those communities and help with those, help with the supervision and the policing5501 in those communities.

So we are looking at everything right now, it's it's not going to be easy. Some departments are going to suffer some maybe some losses because once post policy commission is formed um they have the certification and decertification, they'll hold the certification decertification powers. So that's where we're going to, that's going to5521 be the biggest challenge. And how we how we work collaboratively through the police to promise through the MPTC to the post commission. And how do we preserve policing throughout the commonwealth? So it it is a work in progress. It's not going to be easy. I can assure, I can assure you. Um uh Madam Chair, I can assure you and and Mr. Chair, that we are5539 we are working collaboratively with everyone and we hope to fully enacted law as5544 right now as written with the minimum impact on those communities.

GOBI - If I if I could, I do appreciate that information. I5553 know that you had mentioned that you're in the process now of collecting on the rosters and some of the issues with the training records, you know, being paper and nonexistent. Um What is sort of is your hopeful timeline to have that complete?

TURCO - So, um so the bill is very specific. We're hoping all the training records, um I've spoken uh my aggressive timeline is to have everything by the end of April by May 1st, um all the training records we're gonna be asking, it's going to be easy in some communities and harder than others. So what we're asking to do is we're gonna, we're gonna, the rosters that have been submitted to us. Uh We're using a k this to the collection for the collection of data, the tool for that. We're hoping to have all the rosters into a cadence and again, bob Mueller's team is working really diligently and getting that done.

Um Then we're hoping to get those rosters to the and we'll pull the information that's currently in a cactus. Um and we'll send that information on the rosters that have been given us by5621 those local departments. Uh and the chiefs were going to ask them to certify their rosters in in uh in their training records by5628 May one. So the5629 law states that we need this done by July 1st but June 30th, so we're on target to get it done and uh but hopefully by April by May 1st, we will have a pretty good idea what it's going to cost and how we're going to work through through the challenges with the communities.

GOBI - Okay. Thank you Mr. Chair. Just5649 two other questions and then I'll go back to you and then I do will have some follow up. Excuse me for some other questions relative to the state police um for the fire services, as you know, um as you would mention in your testimony that there is actually a decrease in that line item. And currently members of those hazmat response teams get a very small statement about $3,000. Is this decrease still going to be able to support that? And is there any thought about trying to get those folks at any sort of increase in that statement?

TURCO - I know that's a man marks out there, but I believe Fire Marshal Ostrowski is on the call and I'd like to turn that over to him. You know if Fire Marshal Ostrovsky you on the call?

PETER OSTROSKEY - MASSACHUSETTS FIRE MARSHAL - Yes. Good morning, thank you for the opportunity to respond. Um Madam Chair. Um This uh budget will not impact the stipends for the Hazmat responders. Uh it's maintained at the current level. I know that there are some actions that are pending or requests that are pending um to make a change in that but it will not impact the standard um Hazmat Stipend as it's currently uh situated in the chapter 21 K.

GOBI - Uh Marshal5735 if I if I could that if we were going to be looking for any sort5740 of smart, even a small5742 increase to that stipend um Would would you testimony be the same? Would we need additional funding and that line item?

OSTROSKEY - We would give additional funding in the FY 22 line item for that purpose, Ma’am.

GOBI - Okay, thank you very much. I appreciate that. And just one other question before I send it back over to my co chair and uh this has to do with the National Guard because again we're seeing a slight decrease in that line5770 item and as you mentioned Mr. Secretary, you know, there were increased deployments and um so I think that that's one of the concerns. There seems to be even more frequent activations of the Guard and uh you know, is that this is going to be enough, these appropriations going to be enough for the Guard to carry out their duties.

TURCO - Um So a lot of the National Guard funding is through title 32 especially with the deployments that we've had and the generals on this call and the general's work really close with the Under secretary Jean Benincasa and the group as well as our both legal teams from the main and it's and and from me. So general. Um, could I turn this over to you?

KEITH MACDONALD - MASSACHUSETTS NATIONAL GUARD - Yeah, yeah, sure. Thanks, Secretary. Um, So Ma'am, in response to your question is the 2nd Secretary Turco mentioned, most of our funding uh, for COVID operations continues to be uh, federal funding through the United States code title 32. Um, the Biden administration has been pretty clear they're going to continue with that path. Um, as long as COVID is an issue. So the, the good thing is, um, it's federal funds. We will be that the state is being reimbursed for. We've only got a very, very small portion of5847 our soldiers and airmen that do work COVID that are on state active duty. Um, and quite frankly, Ma'am, um based on what our annual state active duty budget is for things like the the Boston marathon and other issues, other planned events. Um, We we we can cover that easily without impacting either the state taxpayers, the state budget or our soldiers and airmen. So, uh, as long as COVID continues to be a national crisis, we're confident that we will continue on federal funding through US Code Title 32.

GOBI - Thank you general that that's helpful. And thank you again to the Guard obviously are extremely important. Uh, always and uh, we have an area that's located in one of the communities I represent in the town of where and and the Guard is an important part of that community as well. And I would be remiss if I did not extend my thanks for the work that you've done at the Williams soldiers home. That has been extremely meaningful, especially to give a little extra security to the families who have gone through so much there. Um, that's all I have until we get to the state.

TURCO - If you don’t mind, we have Ami Joy on the call. Still, she can elaborate little5922 on the funding on the sources. Ami.

JOY - Sure. Just wanted to clarify that the National Guard is consistently funded for blue sky operations, meaning any time they receive a deployment where they are funded on feet dollars, as opposed to a Title 32 federal authorization, we require a supplemental appropriation for that budget with some of the COVID the federal COVID funds that have come into the commonwealth. Um, there was some language that that allowed us to apply some of those funds for the state portion of costs. Um, so I think that has resulted in, you know, less sub action in the last year. But5968 we we certainly expect to need something in the next six months um As well as any time the guard is deployed next year.

GOBI - So if as the secretary had mentioned there there may be a supplemental. So you'd be looking at something in in the next supplemental budget that's coming out that you wouldn't eat any idea what that Price Tag would be at this point.

JOY - Our current estimate is sort of between 10 and 15 million. The reason that we wait until closer to6003 filing date to finalize our number is we6005 continue to get new information from the federal government on what they are able to cover either directly or make allowable through the use of ramparts.

GOBI - Thank you. That's very helpful. Thank you.

TURCO - Thank you.

WILLIAMS - Thank you. Senator. A couple more questions for the DOC. The first one. Is that why6031 21 Legislature funded the prison reentry line item at 1.58 million. Yet house one reduced the account of 800,000 at the time when this needs especially important and timely. Can you explain this decision as reflected philosophy, philosophical disagreement with the goals of reentry is reentry not an administrative priority? Or do you feel it can be achieved more effectively through other means? If so, how would you propose? We craft more effective reentry initiatives.

TURCO - So um and commissioner Mici is still on this call Commissioner

MICI - As far as the cutting funding, I'm going to turn that over Ami because that was um we certainly would always be looking for funding and additional funding for reentry programs. It's an absolute priority of department of correction as well as myself. Um We when we get cut funding6089 or when we don't have the funding, we apply for grants whenever we can. Um, we will always try to improve what we're doing with, we're using a lot of people with lived experience. So they have, they have been in custody and in Massachusetts and understand the system and have been very successful on the outside. So I'm drawing some of those6113 people in, but it's, you know, we use, we have a very, very strong volunteer base that helps us with a lot of this. But it's clearly it's a priority of mine. It's,6124 it's not me asking for less money.

WILLIAMS - But it was, it was reduced by $800,000. I mean maybe you can't answer the question. Maybe we have to Go to the governor for that, but that's $800,000. That was reduced. Uh, the house one. I guess if you can't answer, we can I can I can like the governor on that single letter. See exactly what the philosophy, what philosophy and it's almost a million dollars. Reentry6152 is very important in this atmosphere that we're dealing with the COVID. So I'll make a note to ask directly to the government. Okay, the uh the other one deals with criminal justice. And could you give a general update on the progress of CJ reform in DOC facilities? What have the implementation changes been? What successes have you seen? And where do you think additional work needs to be done to achieve the goals of the CJF.

TURCO - Commission?

MICI - Yep. So what6193 we've done so far is we have created additional6198 units that are no longer restricted housing. Um much of what the6206 Reform Act calls for the reduction6209 of restrictive inmates being in restrictive housing. So we have created diversions from that. There's always an opportunity in in prisons that you have to separate individuals, so you need to have some access to separation. So what we have created is what we call it, I referred to it earlier as a secure adjustment unit, one of our medium security facilities, which has proven to be very successful. We were at full capacity when it first opened. We are down to less than half capacity. Certainly that has a there's an impact with their population reduction. But we're finding that the it's been a nice diversion from restrictive housing for certain reasons.

This criteria, we also are in the process of building a secure adjustment unit, which is really just unit changes at Souza Baranowski. So we have one at a maximum security as well. There is no restrictive housing at MCI Framingham, and that has been in existence for about a year. So there's no unit at all that they are restricted for the 22 hours a day. Cedar junction. There is no restrictive housing. We have we do have the department disciplinary unit which is separate than what I'm referring to now. But we have enhanced the services within the DDU. Um We're in the process of putting tablet tablet based programs throughout the DDU. They're out of their cells more than they used to be and they're doing programming. Um We are also I talked about the expanded definition of SMI. So we are working with the two consultants.

I referred to earlier to create more programming for the seriously mentally ill as well as the rest of our mental health population. Uh making some policy changes. So we are medical parole. Was part of that as well. That's constant. There's been over 400 put in 47 or out on6326 medical parole. So um all of the prongs of the Criminal Justice Reform Act. We are we have targeted and6334 are either they're either in existence or working and we will get I am continued to looking, continuing to look at restrictive housing and where it can be reduced where it can be closed. I am looking at changes to the department disciplinary unit. Um So there there is a lot of things that will be coming up in the next um next year with changes. It's just they're still being looked at and I want to use the consultants and their expertise on the outside before I make any of those decisions.

WILLIAMS - Okay. And one the last follow up question and we appreciate your work. You know, you6369 know that we do. The committee has received reports that the prison population and DOC Facilities has been significantly reduced through your response to COVID If6376 that's the6377 CJ reform in6378 other terms affecting the census, what is the current census today as opposed to last year or 25 years ago? How significant are the reductions in this sense is what is the trend of your population and what effect will have on your budget requests and the other people there any opportunities for consolidation and efficiency? Can we expect some level leveling off or even reduction in your request? A response to the lower census?

MICI - So the census um January 1st of 2020 was just under 8000 inmates. It is now at 63 64 today. So we're looking at about a 20% decrease in the last year which gave me the opportunity to close to um lower level security facilities because I was able to um it's put inmates at different facilities or as I talked about earlier, I have worked very closely6435 with several counties to house the women. Uh So will it decrease more? Um I I think when court started to open up, I know that there's um several 100 if not into the thousands of people awaiting trial. Um we were certainly going to see an increase. But I think with the current account At the lowest, it's been in 30 years, it gives me the opportunity to address um where I can close units move people around. And I am constantly looking at that and working with the secretary to effectuate that change and and reduce costs where I can.

TURCO - So chair. Um, I may be able to help you on, you know, you mentioned going back four years but we've gone back, we the governor had asked me to put together some numbers regarding inmates census. And And I've tasked me Joy to put this6491 graph together so we have numbers that go back every January from January 2015 to the uh to January 2021. So Ami, can you just um read off some of the census?

JOY - Sure. So in FY 15 the total facility occupancy of DOC Facilities was around 10,447 inmates in the average for the current fiscal year, FY 21 is down to 6570 inmates. So we've seen a substantial decrease. And in that time period we also sort of track our FTEs. DOC Employees including security staff against the total facility occupancy understanding that as numbers continue to go down, we are able to continue reducing our staffing numbers. In FY 15 were around five 1002 184 FTE s. And today we're down to 4530 FTEs. There is a trend line between total facility occupancy or inmate census and FTEs. That are kind of moving and track with one another. At the same time our total spending has has been increasing. If you look into the driving factors behind it, we continue to spend um less and6570 less on sort of those those correctional support services and more and more on health care programming and services. So we expect that distribution of6582 spending to continue growing.

WILLIAMS - Okay? Thank you.

TURCO - Thank you.

SHOW NON-ESSENTIAL DIALOGUE

WILLIAMS - secretary Turcotte. I do have a question from my colleague, um, representative uh, Dylan Fernandez out of the cake and he6614 says, Secretary Turco in your opinion, do you think there's a value to regionalization, public safety services, particularly in rural or remote areas of the commonwealth, especially for E 911 regional emergency communication centers in jail. A lot of capability? Well, there's the practical application realization, public safety services going into the future. Like any references Dukes County Sheriff's Office and others. Direct question from the Representative Fernandez.

TURCO - Thank you. Chief. Um, I have Kerry Collins on which she can speak to the efforts that her team at 911 State 911 is, is uh moved to regional PSAPs for the 911 call centres. But as far as um Dukes County, I I toured Dukes County a couple weeks ago, um on the invitation from the sheriff. And as far as regionalization, yes, regionalization makes sense. A lot of sheriffs, um our regionalizing uh through regional lockups and all the Sheriffs and Dukes County are a little more unique. They are unique compared to the other sheriffs within the commonwealth of mass. Um The local police departments in the seven communities that the sheriff um um actually is responsible for uh the those police departments do not have lockups.6700

Um Holding facilities are holding cells in their facilities, the trial court, which is usually operating three days a week. They also do not have um holding um cells or facility facility um in the state police barracks, um does not as well. So the sheriff is the only entity on Duke's, um that has the ability to house um, detainees or inmates, so that poses a great problem for the sheriff. Um I believe there's a statue and I can get this um for yourself6740 and Chair Gobi Um there is a statute that in the sheriff's and have worked really close with us on this. If a community,6750 the census is on the 5000,6753 that the sheriff's need to provide6755 a regional lock up for those communities. Over 5000, I believe6758 the sheriffs have the ability, and and and I stand to be corrected, I know6764 you're gonna be speaking with the sheriff's.

Um but some sheriffs do provide those services, um some don't. Um But6770 the Sheriff at Dukes County, again, it's a unique position. He has an aging facility very antiquated. Um So, so there are6777 some major challenges down on, on the vineyard. But as far as regionalization, I I do agree in some community in some areas that regionalization, especially with the census, um, in the, with the, with the department of correction in the house of correction with the sentence to6796 decreasing, I believe we're in a better position to provide those services to the community to the Municipals. Um, As far as 911 I'm6805 going to turn it over to Kerry Collins and she can explain the efforts that we're making and try to encourage and educate communities to, to go to regional regional PSAPs.

COLLINS - Thank you. Secretary. This is Kerry Collins. Yes, we have engaged through the state 911 to work with all of our cities and towns to encourage regionalization. So much so that the development grant, which is before the DTC right now, we saw an increase from 18 million to 22 million. The Development Grant, which has to be approved by the DTC, allows cities and towns to work towards regionalization among other Um, ways to develop PSAPs and enrich the 911 services in all of the communities. Um, by doing that, we've also reworked the development grant to make it easier for communities to regionalize by allowing for certain variances, um and providing them all the support they need to regionalize their services.

We also worked with our 911 center up in Essex, um, the north shore Regional Communications Center um to do outreach to the cities and towns6883 to do open houses to welcome other cities and towns to come in. So we usually use the commission meetings as well to tell our regionalization efforts. Um and we certainly will work with, and we have been working with all the cities and towns that are interested in regionalizing as well. Um and we certainly6901 um encourage that and we tout the benefits6904 of regionalization to cut down on transfers of calls and working with the communities to understand what the benefits are.

When our chickpea center opened, our west com center open. I can't I can't stress enough the stories that we heard, especially from the former Chicopee mayor who had stated to us that thanks to the West come opening Chicopee was able to open a fire station that had once been closed due to regionalization and opened up funds for that. And6933 that fire station actually responded to a fire um recently when that center opened. So we6939 do tout the benefits of regionalization Director Pas Niac is working diligently to do that as well. Um, so that is definitely a top priority for secretary Turco in State 911 Thank you.

WILLIAMS - Okay, thank you. I just got two quick questions for the State police and then I think we're going to move to the uh, the Sheriff's department real quick. The first one is that the it's finished and yeah, the state police has been the subject of many negative articles and investigation journalism over the past few years. Many of our college. Please ask why should we fund future fund increases to that history? Can you explain for us what steps have been6983 taken to respond to those stories and reform the state police? What would you intend to use any increased funding to achieve in FY 22?

TURCO - Thank you Chair Colonel Mason. I believe you're on the call if you'd like to respond.

WILLIAMS - Hi Colonel.

CHRISTOPHER MASON - MASSACHUSETTS STATE POLICE - Hi, sir, thank you for the question and the opportunity to respond. So in7005 the area of accountability, which is one in one of the cornerstones of this administration. I think Secretary Turco spoke to some of the efforts that we have already made uh, first and foremost was the implementation of automated vehicle location system, or GPS in the cruisers. So that allows for real time and historical tracking of cruisers and cruiser telematics. That gives us the ability to audit time and attendance payroll submissions as well as provide for officer safety uh response. We know exactly where our resources are. For instance, there was an emerging issue in Quincy this morning and so provided the the on scene supervisors with the ability to quickly visualize where their resources were and deploy them.

Um, The additional step that we're taking to provide accountability of the deployment of approximately 1500 body worn cameras and 1000 cruiser mounted cameras. Uh, That deployment is underway. Troop f has been completed, and we're continuing to roll those cameras out on a trip by troop basis, and we anticipate full deployment Sometime Summer 2021. The cruiser mounted camera deployment has begun through a third party vendor that will take a little bit longer. Um So we're thinking towards the end of the calendar year, we've also7081 added to our legal staff and our records access office so that we can respond to public records request in a more timely fashion. Be more transparent both to the media and to the public. We meet regularly with the Inspector general's Division of State Police oversight, and we address any emerging or historical concerns that they may have.

Um We're also have made significant changes to our paper based time and attendance records system and our increasing internal controls on that same time and attendance. That very important issue. We've issued a number of directives and, uh, bolstered those with training to clarify time and attendance rules, policies and expectations. All of those are designed to foster a culture of accountability within our department. And then of course, uh, as a result of police reform law, we saw some strengthening to our disciplinary process, for instance, trouble7132 damages for false payroll submissions. So I think that those are just some of the high level things that we've done, uh, to move the department in the right direction. And I think the legislature should be confident that that we are moving in the right direction.

WILLIAMS - And I have one last question and it talks about the staffing and I want to commend you because we met when you first came on board with the black Latino caucus. And, uh, we haven't met since because of COVID, but I just want to commend you for what? I think you've done a fantastic job. Uh, the last question I have, the legislature has been a partner and funding department staffing7170 needs over the last several years. What steps have you taken to ensure that the department both reflects the diversity of the commonwealth and its sensitive to the needs of those populations who have not historically positive relationships, law enforcement. When we report back to our colleagues, how would you suggest we describe your efforts to meet the law enforcement needs of all many neighborhoods? And uh and I know you've done the last class is a fantastic class for black and brown people and women and uh a little bit more.

TURCO - So, that's another great question. And I appreciate that. And I'm going to let the colonel answer this because I think he's taking some great steps moving, moving the department forward.

MASON - Well, thank you, sir. And you hit the nail on the head. Our best, uh, our best way to move forward with diversity is new diversity7222 hire. Um, and that's where we create diversity. We don't, we don't create it with what we have. Um, and so the last class was shot in the arm, in that, in that, uh, that arena. So we had 14% female representation and 23% minority representation in that class. We're excited about the 86 which is scheduled to start the next training class, which is the 86 recruit training troop. That's scheduled to start in May. And there we are looking at 16% female and 25% nonwhite. So we believe that we're moving in the right direction, but we know that that's not enough. Our numbers are not where we need them to be. So we have taken a number of other steps with respect to diversity among them.

We adopted the recommendations of the 2018 Special Commission on hiring and promotional practices where we limited oral boards which were deemed by that board to be potentially subjective. So recognizing that recommendation, we adopted it, we also revised our tattoo policy, which that board also made a recommendation thought that those imposed potential barriers to minority applicants and those seeking advancement within the ranks. Uh, we also proposed or through governor Baker, we're able to and the legislature was very kind and supported this in the police reform law. The creation of the first kind of it's every kind for the state Police7303 cadet program. And so we we strongly believe that this program will aid in our recruitment of high quality candidates and that that will help us better reflect the demographics of those communities that we serve. We've also made some movement towards the development of a more sophisticated web based and social media7319 based recruitment strategy.

We we realize that that's that's the way younger people communicate. Uh I believe that we're delivering on that promise. Um and you'll start to see that on the mass.gov website, uh a more sophisticated approach to recruitment. We also have modified our streamlined our promotional process. Uh Why have we done that? We've done it for a number of reasons. First and foremost, we recognize that the diversity that exists within our department exists at the uh within the new classes within the younger troopers and we want them to be competitive. We want to move them forward. We want them to be well positioned to become members of our command staff. So while I'm sensitive to diversity overall, particularly sensitive to having diversity within the command staff, that's where some very important decisions get made, um That sets sets the tone for the rest of the department.

And I think that's that's an important commitment that we that we need to make. Uh just some of the other areas. Uh We have restructured our recruitment office, we've added personnel there, ensure that they have the sufficient resources to continue to recruit quality candidates that will help us meet both our diversity and operational goals. And then lastly, the thing I think I just like to touch on is through our appointment process, we've added diversity to7396 our detective lieutenant and detective captain and major ranks. So again, these these these appointments are important because they serve as important leadership positions. Uh They represent the future leadership for the MSP. And I think that we've demonstrated over the last 16 months that I've been here a solid track record of diverse hiring, uh, for both those positions and for specialty positions, orbital positions as we refer to them within the state police.

WILLIAMS - I want to thank you. I'm going to close with a comment.7426

SHOW NON-ESSENTIAL DIALOGUE

WILLIAMS - But I wanted to, uh, young state police have done tremendous. And I just want to say he made, he made a statement which should resonate on Beacon Hill. When you want diversity, you hire diversity. That's how you make it happen. Not talk about it, but be about it. And those numbers are 22% of last class 25% of this class. And I know the rank and file appreciate it.7470 We in the commonwealth appreciate your hard work. But7473 when you want diversity and these are highly qualified individuals, this is not an individual that you're pulling off the street when you want diversity, you hire diversity. Thank you.

TURCO - So chair. If if I can just elaborate just a little and it will only take two seconds for this one because I know you're short for time. But the current civil service exam in Massachusetts. Um the application process is due to be completed by the end of April. Um and with the civil service test um taking place in June currently there's 42,044 applicants, there's 40.8% um diversity out of those applicants um and males if 79.9% and 20% female. So um so the message is getting out there in the application process as well.

WILLIAMS - Thank you commissioner.

SHOW NON-ESSENTIAL DIALOGUE

GOBI - Yes thank you. And just just one last question uh and thank you very much for all your time this morning. Mr. Secretary and your entire team. And colonel. Of course I have to put in a little plug for that that great training facility and my uh in my district in New Braintree. And I do want to also thank you. We had a great opportunity when you opened up for legislators to be able to go out and to see what the troopers go through. And I think it was very eye opening. I7559 know for me personally and gained uh another sense of appreciation for the difficult work.

That troopers have to do day in and day out. And7567 I just wanted to just touch7569 very briefly. Um, I know the Secretary of New Colonel have mentioned about the next recruit class. Um, my only concern with that is the decrease in the governor's budget for the state police class. It's a pretty substantial decrease from the year before. And I'm just wondering if7588 you could please talk to that? Why such a substantial decrease, especially when when uh, you know, doing all these terrific things. And I'm sure your nutrition numbers are extremely7602 high as well.

MASON - Thank you. And uh, we hope that, you know, once that's uh, this COVID things subsides, we'll be able to do more with the Legislature, bring them out. We want to be more transparent, provides you with insight into the operations and the training of the troopers. We think it's valuable7618 training. We think it's often misunderstood. And so we want to kind of pull the curtain back and let people see really what that's all about and we're excited about the changes that we've made to that training on the issue of the academy class. Um Part of the reason for the funding decreases that it'll it'll bridge over a fiscal year. Um it has been pushed back that academy class. Um And so I think that that that that's that's the down and dirty the short. I know we're short on time, the short explanation for why that exists.

WILLIAMS - Okay, thank you. I think with that uh under secretary Turco I appreciate you and your staff and all your under7659 secretaries and undersecretaries for for coming in and find them. We took a little long, but you know, we're doing virtual stuff now, it's a little more difficult at this time. I'm going to try to call the Sheriff's because this is supposed to be a real7675 uh short uh short explanation.

SHOW NON-ESSENTIAL DIALOGUE

NICK COCCHI - HAMPDEN COUNTY SHERIFF'S DEPARTMENT - Thank you7719 Chairman Williams and and chair Goby for having us on this morning. And thank you for your support of my colleagues. And I'd like to also thank all of the the legislators that are on the joint ways and means committee for the opportunity to testify. I was I had this morning, I'm gonna say this afternoon. Uh uh, but before I start, I also want to take just a moment to commend publicly. Uh, our our as the 14 sheriff's admiration um, for our colleagues in public safety. So secretary of public Safety Tom Turco, the Massachusetts state police Chris Mason, the Massachusetts police training council Rob Ferullo, mass emergency management agency, Sam Philips, uh, our department of corrections and a good friend Carol Mici as well as our Mass National Guard General Keith.

You've done a tremendous job over this pandemic. You do7776 a tremendous job every day. But I just, you know, as COVID's hit and we haven't been out and be able to shake and shake hands and talk. I7783 want you to know that we're so grateful here in all of our Sheriff's offices for all the support you provide this. Um, I also7793 just want to mention to the group here that we have all of our Sheriff's except Sheriff Tompkins, who is having a technical difficulty on the call. We have Sheriff Tom Bowler, Sheriff Pat K. Helaine. Sheriff Chris Donald, Sheriff Lew Evangelidis, Sheriff Peter Koutoujian,7810 Sheriff, Coppinger Sheriff Patrick McDermott, Sheriff Tom Hodgins, Sheriff James Cummings, Sheriff Robert Ogden, Sheriff James Perlman and Sheriff Joe Mcdonald. We see the value of taking this time and sitting with you. It's important to us. Um, so we have a very sustained and we will be very brief and and open for questions.

Um The first thing on our list that we want to just go over is COVID relief monies and costs associated with the response we were asked when COVID hit that we all take the the time in in the opportunity to codify any expenditures that we're gonna come in regards to COVID whether it's COVID pay, um, buying PPE, um, going out and buying thermal thermometers, whatever it took, we did that we work very closely with MIMA who did a tremendous7866 job. And it's just important to explain that the COVID relief monies that are hopefully coming in from the federal government, um, we've accurately portrayed and codified these monies and we've spoken with our federal delegation so we would like to believe we were part of the increase of the billions of dollars that came because we've stayed in connection with our federal friends and our colleagues.

And we explained to him the importance of supporting the commonwealth of Massachusetts and returning funding back because of the great job that has been done by all of public safety and keeping our citizens of the commonwealth safe. Um, so you're going to continue to see COVID expenditures even when COVID is gone, COVID expenditures necessarily will not go away. We're doing business a different way in corrections. Um, so I think it's just important to realize that we should continue the dialogue and I hope we can when it comes to not what it takes to7927 operate your jail facilities, but also what it takes now in today's7931 day and age, after our first pandemic of our lifetimes and hopefully our last that moving forward, certain protocols and policies and people that need to be brought onto staff like epidemiologists and believe it or not, general counsel to make sure that we're navigating ourselves appropriately.

Uh, with the best advice in in in uh, direction and that we have the people in place to serve us as a Mass Sheriff's Association as well. I also want to7963 just introduce one other person who is Carrie Hill, our executive director, uh, from the Mass Sheriffs association. She's brand new over the last year. Um, she's come in as a quite frankly, a national treasure from the National Sheriffs association. We're blessed to have Carrie, she's here, she's hit the ground running. She is an expert, a subject matter expert when it comes to correctional reform, when it comes to all the issues that we're going to talk about in the questions that you will have. We've been dealing with this on the national level. So I want to again thank Carrie for being here and and she'll be available to you at any time throughout the course of, of, of the stub. Your legislative session. Yyou talked about MAT earlier through public safety. Are medication assisted treatment programs here, uh, in the Sheriff's offices is going tremendous tremendously well.

we have, I believe seven offices that are piloting the program. All of our other sheriffs have their hand up to after seeing the success of the pilot to do medication medically assisted treatment. And um, I just need to explain that as you were talking about public safety, they talked about the cost just to do it at their may sack, which is there treatment center. The8041 sheriffs were given $10 million dollars um two fiscal years ago, We were given 15 this year, we have spent 288052 million in this project. That's for seven sheriffs. So to continue to develop and get online, uh my brother Sheriffs around the commonwealth, we just want to put on the table that this is a very costly um endeavor. It's important, it's a harm reduction um tool, it saves lives, but it is truly important that as we move forward and people are starting to try to hold the sheriff's accountable in a way that if you don't do it, we're gonna start federally uh

attorney generals are going to look to come in, start to push some court proceedings. So it's not8090 that the sheriff's are being accident. We want to do this. We're willing, we've already piloted, it's been successful Now. It's just a matter of working with our legislative delegation to see how do you want us to proceed in, how much do we want to invest in the the MAT the OTPS those opioid treatment programs that are in housing your sheriff's offices. Uh We have uh sheriff's funding structural deficit. Um I just want to you8118 to be aware that there are still several of the sheriff's offices that are deficit funded at the beginning of the year. And this all stems back from when we collapsed county government and slid over to state government. And for years people would tell the Sheriff's we're going to fix it. It just takes time, which it does and we know that, but we're just asking that the frustration.

Um, level that comes with when we come back to be closed out for the year, if there's a request for supplemental that just remembering that it never was rectified when the merger from county, the state took place. But there's a one on one Sheriff's commission right now about our budgets and it's going extremely, extremely well. And I'm sure he'll probably ask a question about that later and working very closely with Rep Day and, and Senator Brownsberger and, um, we can just tell you that we're very pleased and the direction we're going and what we're, what we're seeing is that with full transparency and everybody putting all the cards on the table, that there's such a tremendous amount of respect. Uh, coming back to the Sheriff's office is in the Sheriff's in our CFOs because there is justification and reasoning for every single dollar that goes out.

I've always said, and8189 I know my colleagues have said this in our meetings together, that we operate with being responsible to the taxpayers dollar and for those legislators that have been here for quite some time. And you've maybe seen a couple rounds of sheriffs come and go from different departments. Um, I think we'd be kidding ourselves.8208 We said it was always that way. Um, but I can assure you today, in 2021 with my colleagues that8216 are in office now, but more importantly with the scrutiny and rightfully so um, of the public, with public information requests and in our legislature trying to balance and inappropriately fund that there's a lot of questions that come up and we're answering those questions and we're receiving comments back that with it, with a tremendous amount of respect that they're starting to see that the Sheriff's office is not the Good old boy network. It's not that anymore.

It8248 can't be that anymore. It's really about diving8250 in servicing the public, the people we serve, that our justice involved in our custody that they're serviced humanely with education and compassion. And then we also take our resources because prevention of incarceration, which is so important, starts in the community. And I think Secretary Turco hit on that earlier about having some support. Just whether it's reentry services out in the community reentry centers, reentry step downs. Uh, it's so important for us to continue to be involved in the community to garnish and continue to maintain that community respect and support. Um, I go around my county and I can echo this for my brother Sheriffs. Let me go out. A lot of people are thankful, they're not thankful for nick coach. I can assure you that they're thankful for the staff that we've hired, the work that we do in the way in which we do it.

And I think the commonwealth should be extremely proud and you've shown us that over this past year, which your flexibility and understanding with us managing very successfully this pandemic. Uh, the next item is the mass sheriffs association line item appropriation. Uh, we're asking for a very modest increase to $600,000. Um, I don't even know if it's enough, but we're going to ask for a modest increase. It has not moved in many, many years and it is all for us to be able to continue to retain our epidemiologists, our general counsel in the in and bring in uh individuals are researcher to compile and uh effectively and efficiently and on time timely of getting these reports back to the legislature, those annual reports. Um Another one is our Civil process and I just like to use an example here. If I had a burger joint back in 2003 and I was charged in a price for a Hamburg And I'm charging that same price in 2021.

I'm gonna be out of business and that's what's happening to our civil process divisions, which is a statutory obligation for us sheriffs. So what we did, we filed through Rep Ashe um uh a very again modest increase in the papers, a paper that you can leave on someone's door and you don't have to come back again to hand it in person. We're asking to go from $20 to $30 for one that has to be handed in hand in person. We're asking to go from 30 to 45. This would allow us the ability to keep our offices, uh, open and maintaining our payroll. Um, the other thing I would8417 just add is the last piece on the civil process is back in 2003 when they instituted the fee increase, He also tapped on a 50% of the new fee increase goes back to the Commonwealth. And in a uh, Remittance, we're asking that that no longer be the case. We cannot function, especially through COVID and what we've been trying8439 to do.

I think every sheriff's office and sheriff had to lay off, uh, to some extent and then rehired back on a need to work basis there. Deputy sheriffs that8449 are in their civil process division. Uh, we're asking that through a bill again filed by Brian Ashe that we um, we uh, we remove and uh, the adjustment feet and we allow the sheriff's to use the money that they8465 receive from the surf, the serving of the papers to operate fiscally, the operations of that office. And uh,8472 lastly, I know it was a hot topic and it was bouncing around the house in the Senate, uh, about a year or so ago was inmate phone calling. And this is also on the federal level. Our brother Sheriff Sheriff contusion is the president of the major county sheriff's of America. We're very proud of Peter and Peter represents Massachusetts in a tremendous way and he's at8495 the forefront of these major issues that come through corrections.

And myself and the other Sheriffs and Peter were talking yesterday and we were talking about the federal law that may be coming or regulation. And we're asking that please as this discussion. If it rises again please bring us to the table. It is critical because just to blanketly knock the rates down to a penny or8518 two pennies or zero cost is going to devastate our programming we're talking about and I've heard all day so far this morning about reentry the importance of getting people back on their feet with a foundation underneath them to be productive and successful in society. That all stems from the ability for us to bring in programs. Whether it's taught from some of our staff or contracting with outside agencies8543 to come in programs such as sex offender, uh Education. Um We have tablets we have um so many other things the GED teachers.

Uh The HiSET which is now it's8555 called HiSET to get educated college courses. All this is effectively paid for and funded through the inmate phone calling every cent that comes in goes back to the inmate population. And it's important that8566 we at least have discussions about that and come up to an agreement on what is the right rate and how can we continue to function accordingly when it comes to providing effective and most importantly, um, evidence based programming that really truly does impact and allow for a cultural change in someone's behavior because of the environment in which we're providing. So um Chairman Gobi and Chairman Williams. I want to thank you for the opportunity to speak on behalf of my other 13 brother Sheriff's. I will certainly open this up for questions and I want to say again, uh thank you for your support during COVID.

I am very proud as I said about all our other public safety8610 entities that I opened up with. I'm very proud of the men and women that report to our sheriff's offices every day. They do a tremendous job and I want, and I say this and I say this with a tongue in cheek, a little wink and a little smile. My men and the men and women of every facility in the commonwealth for corrections, DOC Included. Never took a day off. They couldn't, we came to work right through the pandemic every single day. We, we adhere to the CDC to DPH guidelines. We wore our masks, we put on personal protection equipment when need be. And I'm very proud of them because it could have been, it could have been a very easy out to play the system and our men and women respect and are too proud to do that And they've done a tremendous job. So I'll close with that. Thank you very much.

WILLIAMS - Thank you Sheriff. I had several questions uh in your presentation, you answered a few of them. The first question I was going to ask, what was the budget request for the Sheriff's Association? You gave me that 600,000 in the jury quest. The other one was the FY 21, the medically assisted treatment programs in the county facilities. We gave you 15 million. You said you spent 28 million. I heard that. A lot of cool. There's a couple questions. You've already answered those questions for me. The last two questions. Uh Yeah. Uh would you get a general update on the progress of CJ reform and county sheriff's facilities? What have the implementation change has been?8701 What successes have you seen? Where do you think additional work needs to be done to meet the goals of the Criminal Justice Act?8709

COCCHI - Well, thank you. Mr. Chairman. And again, um I thought that Commissioner Mici did a tremendous job as well as well as public safety and defining restricted housing was the number one area where every single sheriff's office put attention to. And there are some sheriff's offices in our commonwealth that have removed and do not utilize restrictive housing anymore. Um we8731 have mental health hours all increased in our facilities. We've hired more clinicians and mental health support, uh knowing and understanding that close to, you know, here anyway. And, you know, 87-92% of the people that come to our custody in our county uh offices come to us with a substance use Uh disorder. And then when you break that down, we here and I know it's higher in other areas.

Were about 47-50% of those folks have dual diagnosis with mental health. So when the criminal justice reform came out, we really took a major focus collectively as a committee for due to mask their association along with the Department of Corrections. And um and we looked at restrictive housing, mental health services and bringing on more and more mental health clinicians. So there's a lot of things that we've done and you ask, how can we continue to progress and continue this? There's not a sheriff in our group that doesn't want to continue to be progressive. And I ask you um to maybe speak to some of our federal colleagues, Massachusetts is a leader in correction unequivocally.

Unequivocally when it comes to safety of the inmates, the programs that we provide day reporting centres, reentry services. All the things, the dental services, the mental health, all the things that holistically bring someone back into a good place before they go back into the community to have every opportunity and every inch of trying to be successful the commonwealth of Massachusetts doing. Are we perfect? Absolutely not. And can we get better? Absolutely. But I would say respectfully to uh this committee, we can get better together. It's very difficult to hear what8846 what the changes are going to be. Have the changes come to fruition and then people say here now make it happen.

It's important to bring subject matter experts to the table. We can be told and asked, how do we8860 get from Point A to Point B. And then the way in which we get there8865 could make all of our lives a little8867 easier. And I think a lot more people would be more amenable to making these changes because it's going to be done which is in the best interests of the men and women that are going to carry out the duties, the facility administrators, They're gonna have to supervise those duties in the legislature who wants to see those changes and continue to be progressive and be that beacon when it comes to correctional reform around the country.8893

WILLIAMS - Okay, Thank you.

COCCHI - You know, we're currently, I would just say Mr. chairman, we're currently working with the one on one commission and that's to take a look at all the sheriffs budgets and where the effectiveness and the monies are going. And I truly want to tell you, it's been going very, very well. We have two sheriffs that sit on it and it's going very, very well. And we're excited to see as it plays out the educational piece, the, I call it the information exchange in having people look at the sheriff's a little bit different. Not looking at us as sole silos and soul entities, but looking at us as that community resource in doing what's in the best interests of our legislative delegation because8935 we serve you and we serve our public in all of our citizens of our counties.

WILLIAMS - And the other had two more questions than the material listening to go be this one. The committee has8948 received reports that the prison population and county sheriff's facilities have been significantly reduced to your response to cold it, the effects of CJ reform and other trends affecting the census. What is a census current sense today as opposed to last year, say, five years ago? How significant are the reductions in that census? What is the trend in your8968 population and what affect what we have on your budget request? Are there other opportunities for consolidation and efficiency? Can we expect some leveling off or even reduction and request to respond to lower senses? It's the same state and county question basically.

COCCHI - Suer So uh, it's the million dollar question that needs to be answered and it has to be understood to be answered. So yes, we have a reduction in our population through COVID, but you have to understand that COVID the pandemic has asked us to do business in a9001 different way. So as our populations have shrunk that demands on how we keep people safe. But more importantly, the level of space and our facilities that we can use also increases. So you heard Commissioner Mici she say that she could close buildings, enclosed units and we could do the same, but we can't do it during the pandemic because social distancing is the key to supporting the safety of the people we serve. So where I could be operating with two full buildings and a half. I'm operating three9038 full buildings and very proud to report zero COVID cases. COVID cases here.

Yeah. The COVID cases in the commonwealth right now. I think we have 18 total in your sheriff's offices. It's not by chance, folks, she's not a chance that total. And all of today. No, 18 total today reactive, Wow. And that's tremendous. And it's not by chance, it's because of the due diligence, but the sanitation policies, uh, the staffing checkpoints, the vaccinations which I know we're gonna get into. Well, we're very proud. The sheriff's office. We got uh 65-70% of all the staff. And our sheriff's office has been vaccinated 4302. Now the inmates a little bit different. That drops down. We've9086 had 3,081 total justice involved individuals and county facilities, which averages about to 35 probably 40%. People ask me all the time, why is it so low? Here's your answer.

And it's and it's and it's something that we're working on in the sheriff's offices every single day. Our population and it's what you've seen on the news as our population needs to be educated to what the vaccine is. We've done. Uh AMAs Ask Me Anything. Uh Those are where we had students from Harvard and uh epidemiology epidemiologists come in and sit with our population of Justice of all people and let them ask any question they want. When those folks leave, We're turning around the following day and we're administering another 60, 60 shots. And that's important because it's the education piece. Um You know, we've done automated phone messaging in all of our facilities.9137 When the, when the offender picks up the phone to make a phone call to family, they're going to hear about the vaccination and9145 the importance of it.

We've sent out brochures, CDCD DPH guidelines. We've done them in English and Spanish. And the other thing I'll say and then hopefully it's coming very soon is the J&J the Johnson Johnson vaccination in our population as it's a very quick, it's a churning population. They come in, whether it's an arrestee, they go in front of judge on the video court and they go out the next day. Um, we can vaccinate them once. But then the follow up becomes a challenge when we have the ability to Johnson and Johnson, I think we're going to see more folks hopefully raise their hand. It will be a one shot and done deal. And you're now bringing ourselves to, if9180 they do go out and re engage engage in this uh9184 harmful behavior that hopefully if they did contract COVID they're not going to the hospital.

They're not going to be in that critically ill percentile because they have the vaccination and it should lessen those things. And I think it's very important Mr. Chairman to recognize and I say this proudly with, with no um, you know, denouncing of any other agency. The court system has been successful and operational because of your county Sheriff's, the court system has been run from your county correctional institutions. From Zoom calls two hearings to arrangements to uh, bringing people in for arrestees. These are the things that have now increased. So when I was listening to Secretary Turco speak and he's 100 right. A lot of things on the table had to get postponed because they involve meetings and being out in the community.

So on, and so forth. I can only tell you from a county sheriff's perspective, we not only didn't put things on hold, we couldn't because more things were falling to us. We've actually become more and more advanced in our facilities with the capabilities of the zoom calls and all the things that come with it, how we were going to manage, um, in person visits with attorneys. So again, I just go back to being very proud that the sheriff's of the commonwealth have really risen to the occasion to say, we don't necessarily have all the answers, but if you point us in the right direction and you give us the guidance9277 and support, we're gonna follow through and we're gonna make it happen and9282 hold people uh in in highest regard and keep them safe.

WILLIAMS - Just uh, one last question and it was, the committee understands that the, the top one of the top priorities of the Sheriff's Department is the security pay raise. Can you describe the request? It's rational to us how much it would cost? And what is the inequity you feel requires remedy?

COCCHI - Are you talking about specifically for the sheriff, sir?

WILLIAMS - Yes, and if you want to write it in, it's okay. It's up to You.

COCCHI - Yeah. Uh, look very difficult to say in front of, uh, I think there's 459319 people on the line, but I'm gonna, I'm a brass tacks guy and I'm a, I'm a straight shooter. I want to thank you for bringing it up. I was not going to. I thought that was something we do behind closed doors. But the bottom line is this.

WILLIAMS - The committee needs you here. I've been listening.

COCCHI - I appreciate that Mr. Chairman. The sheriff's have not received a cost of it. I don't want to say a race. It's not about a raise. We do our jobs. We do it because we love it. We do it because we serve the public. It's called the cost of living adjustment. Has every state employees get, We haven't had one in over six years. I believe if you go back, we're probably the only 14 people in the Commonwealth who have not received the cost of living raise in the past six years. We are looking and we strongly believe and this is a compliment. Not a9369 a finger pointing, but we are comparable to the District Attorney's. When you look at the budgets, the number of staff And the responsibility to the justice involved individuals.

The thousands of people that are with us 24/7 that when something goes wrong, we get a call. When somebody passes, there's an investigation and they're all the for all the right reasons. We believe we should be have parity and equity with our local county District Attorney's how it's not there to begin with. I don't know, there's before my time, but I9405 do believe, and I feel very strongly on behalf of my colleagues and brothers, Sheriff's at we've earned it this last year, has been one heck of a year. But you know what? Every day in the office at the facilities being inside calming9419 the hysteria. So I want to thank you for asking that question. I was not prepared to really answer it too. Well, I hope I did. Okay.

WILLIAMS - Yeah, that's that's okay. But there are a couple of committee members who really want to bring this out. Make it front center. You've done superb.

Senator Colby.

GOBI - Thank you Mr. Chair and thank you. Sheriff is always for the great work you do. Um just a couple of things and9445 I don't I'm sorry to keep harping on the on the on the mat. Um I know that you've spent 28 million already. Have you kind of looked ahead? Like how much do you think you'll spend? Because we really try to get a good sense of what that number9462 would be. How much you really let me.

COCCHI - That's a great question. Uh Chairman, uh 28 million is also incorporating the department of corrections. I'm sorry, that's all of us collectively. So I apologize. Um uh the DOC Was so we were 18 DOC Being almost like 10.9. That was collectively for all corrections. But you ask a very very good9486 question. What we saw here is uh we've we've reduced our population by 423 people since COVID yet our medication. Medically assisted treatment numbers have climbed up to above the numbers we had when we were up another 400 offenders. So what you're seeing is people are buying into the, the OTP and they're buying into the harm reduction program that we're providing for. When they go back to the community, we're inducing them if they come in with an OTP script there immediately the following day, receiving the medication when they go back into the community.

If they receive it here on a Tuesday, they should be9524 script approved to receive it again on Monday morning. So what you're seeing is even with the count dropping the number of people engaging in the opioid treatment program and medically assisted treatment is rising. That's a good thing. It's a good thing. The problem is, it's not a problem. It's just a financial problem. It's very, very costly. Um But again, people are grateful. People come to us and families, you know, really uh family members are the ones that show a lot of gratitude when they call in. Um So, um I would say that I can't give you a number and project out because I don't know what our9558 counts are going to be.9560 But if the what happened over the past year is any indication do not judge the medication assisted treatment program based on the council the facilities because as the counts are dropping, the people wanting to receive the medication is rising.

GOBI - So on that, on that issue that you mentioned about the count's going down uh with the court's kind of ramping up for full reopening, have you sort of looked ahead and figure out maybe what your counts will look like if you I haven't is that kind of come in with and and obviously because of that, I mean the budget that's there seems to be based on these lower numbers within the facilities. So I'm just kind of curious, you know, what do you see kind of going forward on numbers?

COCCHI - I'll tell you something that my predecessor Sheriff Ash said to me when I took office and it's a comment that you may be taken back with a little bit. But remember he's a social worker at heart and he has the best interests of people that are he says nick and the real scheme of things when it all comes down to it, when when the the budgets are coming out and the sheriffs and and the facilities. You're asking for money. Where do we fall on the totem pole meaning, you know, in a lot of people's minds and this is maybe pre COVID and this maybe even pre the environmental cultural shift that's been happening in the country over the past two years. But usually it was pretty low. The inmates, they didn't resonate. It was keep them safe, treat9651 them humanely. But what they got and how much they got was more to the back burner. I'm just going to tell you that the reason why the sheriff's the 14 of us pounding the table.

And sometimes, you know, I9662 I know I speak for myself. I can be nauseating to some of my legislative delegation. I'm a pain, but I only do it because I'm the one fighting for the men and women incarcerated. I'm the one asking to receive a couple more bucks so I can do more for them. Um, and I think that, so your question is, you know, do we see where it's going? I look every day and I look at the amount of arrest that came in the night before last night, we had seven that came in from other foot. And then I looked the following day to see what the outcome was when they got in front of judge. We're seeing probably two thirds if not more being released on personal recognizance or with small bales. Again, that's criminal justice reform. I'm all for it. I get it. But this is where I'm concerned. And I hope when COVID passes to the point where people are accepting that and understand that these are places are very, very safe. It's safer to be here than anywhere in the community.

I hope that people understand that when you have an A and B. A domestic on a family member and you PR the person personal recognizance the next day. Where do you think9724 they're going they're all right back to that the same household where the victim was. So I don't know. I mean, I think that's more of a question for the trial courts and the judge is all I can tell you. And we spoke about this in our sheriff's meeting the other day is the sheriff's will be prepared if the counts go up, will be prepared to continue to provide the safety, the programmatic approach and the services we9746 do for the people we have now for the population that comes in as accounts go up. Is it going to require us to potentially come back and ask for some money? Yes. If we don't get it. Well, we just don't want to be, you know, pointed at to say9761 you stopped doing a very important program. You know, you have to have the staff to carry out the program. you have to9769 have the program tools to administer the, the evidence based curriculum.

So, um, I do think it's gonna start to rise slowly. I don't think it's gonna jump to where it was overnight. Um, I don't think that's a bad thing and it's a good thing giving people diversionary opportunities with probation in parole. Um, but we also play a role in diversion when9792 somebody violates their, uh, probation technical violations, two or three times. They'll call us to put them down at our addiction center, no fences, no walls And they'll tell that person you're in there for a good 30, 40, 50 days and they'll go through our program again. It's called, it's called a cleanup. We get them clean, get sober, we get them back on track, we get them hopefully replaced with another home plan and potentially employment and then we bring them back out. So those are the things that the sheriff's offices around the Commonwealth are working.

GOBI - Thank you very much. I appreciate all the two and the other sheriffs to thank you. Thank you.

COCCHI -9835 Thank9835 you senator.

WILLIAMS -9836 Thank you for all your hard work. We're going to keep moving that the District attorney's on debt.

COCCHI - Thank you very much.

WILLIAMS - Thank you. Thanks your Chair Cocchi

COCCHI - Thank you.

SHOW NON-ESSENTIAL DIALOGUE

O'KEEFE - CAPE & ISLANDS DISTRICT ATTORNEY OFFICE - Um well to both chairs10231 Williams and Gobi and members of the Committee on behalf of the District Attorneys I Thank you for the opportunity10239 to present uh FY 22 budget10244 request. On with me today are Essex County District10248 Attorney, Jon Blodgett, Middlesex County District Attorney Marian Ryan.10252 Hampshire and Franklin. District Attorney. David, Sullivan. Plymouth District Attorney, Timothy Cruz. Worcester10257 County,10258 District Attorney Joe Early. I know District attorney Morrissey from Norfolk is10262 at a10263 vaccine clinic today. It's been has been10266 volunteering and doing work10267 with them throughout. Uh, Andrea Harrington, the district attorney from Berkshire. Is that a homicide scene and extends her apologies for not10277 being here. Uh,10278 and District Attorney Rachel Rollins have suffered, had a scheduling conflict.

So again, we are keenly aware10286 of the fiscal challenges that face the commonwealth this year and that10291 you are tasked with balancing10293 the budget10294 as such.10295 Our request is modest and only what we need to maintain our office operation. For our main operating accounts we seek an 1% increase. This would assist us with that continually increase,10312 including operating costs and for particularly those10316 cases that involved defendants10318 for mental health issues. As you10321 may be aware of, the executive office10323 of Technology services And security is moving10327 to Microsoft Office 365 In10331 order to remain on the state's email system, we must also migrate to office10337 365 at a significant cost. So in addition to the 1% increase, we also have The annual cost of office 365 that will be10348 charged to us by that's our offices are in10352 the process of migrating our total FY cost10358 is $788,921.

Increasing to approximately $875,000 in net10369 FY 23 you can provide for you10372 a breakdown by office as it is calculated on10378 a per per person10379 charge.10381 For example, my office's10383 annual of 17,500, Which is a significant increase10389 from10390 the 4300 charge that we have10394 paid in the past. We10395 reserve accounts that have been in our budget for the10400 last several years. The10401 District Attorney's10402 have three reserve accounts which are10405 funded under the10406 district attorneys association10407 but are dispersed info to our offices. The10412 ADA10413 Retention fund, which is a fund created by the Legislature for the10417 purpose of retaining the mid-level prosecutor with10420 at least10421 three experience. And we10423 ask that this10425 be level funded at $750,000 and just parenthetically that has been a10430 program that's been very important and successful to us. And we appreciate the Legislature recognizing this over the years.

It allows us to keep the people that we train up to be10444 able to do the kind of job10446 in court that we need to do10448 in the intermediate and more serious crimes that prosecute. So that's10452 a relatively small amount10454 of money. But it's10456 very important. The graphical version10457 and Education Fund, which is used by our office is not only for drug version but for prevention efforts. We ask that this level of funding at10468 $499,950. While each officers portion is on Only $45,450.10474 This funding has a real impact on our local community and the ADA10482 salary reserve. While this is an10485 important fund bring our assistant district attorney starting salaries10489 of an age. We are not asking for10494 any new funding Due to the recognition10498 of the fiscal impacts on10500 the college Commonwealth because of endemic. And I10503 might mention that we are very grateful over the period from about 2012 or so. When we saw with the legislature's recognition of the fact that our10515 Assistant10516 district attorney starting salary10519 was about $37,500.

We have now brought it up to a very significant increase and we10527 can start people not10529 quite have looked in age level is other commonwealth attorneys starting at, but so much better than it was before. And I just mentioned that,10539 you know, are10540 people do this job because they10543 love to do the job and you know they know they're not going to get rich,10547 but you we want to see them be10549 able to sustain10550 themselves by working at this job and not10553 having the work in restaurants or10555 supermarkets. As many10556 of our assistant DA. S have done over the years. The Massachusetts District Attorneys Association is also extremely important to us. The MDAA support our offices by managing our statewide business technology services, provides prosecutor trans trainings that are funded significantly through the federal grants and provides information on happy have on budget tip cherry10589 and criminal justice issues to the executive10592 and legislative branches.

MDAA ‘s, entire network account and the majority of its operating income spent10599 on technology for our offices, increased use of videoconferencing and the10605 rollout of police. Body cameras um are point to be beginning to be a significant cost and for us both in terms of storage and10620 the use of oh the product product of10625 body cams. So we asked for 1% increased in both accounts of the MDAA to assess with the escalating technology costs case management systems. Our statewide case management system is antiquated and at an end of life stage It is 21 years years10650 old and has been sighted in audits10653 and10654 reports as being10655 deficient. The recent criminal justice reform laws mandate criminal justice agencies to10659 produce data that our10661 systems simply cannot do further. Any data each office can extract cannot be accurately compared10669 to other offices.

The attorneys opposite because the definitions we used and10677 the information that10680 we10680 capture is not standardized.10682 Data is10683 important to us.10684 As we10685 manage our offices, analyze crime trends and10689 allocate prosecutors to specific10690 courts and your governments. Our public records request have significantly increased over the10696 past few years and the Legislature10699 is seeking even more information. We need a new case management system with uniform data10706 points and standardized implementation. We have just collectively invested approximately $100,000 from our budgets in the retention of the consultant to10717 determine our business needs to current market research and draft an RFI. We are refreshing the work through10726 that process that was done several years ago. We view the legislature invested in the10733 study of our business needs for a new system that we were ultimately unable to secure10739 the funding for the cost of that system.

10742 So as I say several years now, ah Later we have just in the last month or10749 two put another 100,000 into10752 that refreshing of that earlier studies. And uh one step work is completed. We will apply for bond funding for the approach this of the system and we feel with discussions uh with and10769 after we will be in10770 a pretty10771 good position to secure that. We're very hopeful. So we are not asking10777 for any money but that at10779 this time, but we10781 hope to come to you in the future asking for your10785 assistance and funding. The necessary support needed to maintain a10788 new case management says now,10790 individual assistant individual district attorneys may reach out to you10795 well, things like rent increase and10800 so that my colleagues who have those kinds of issues will be in touch with you with10810 respect to that and if you want to address them or ask that question now, we'll deal with it now.10818 But we're happy to prefer that to a later time. So with that I will conclude10825 and I'll be10826 happy to take any10829 questions that you.10830 Yeah.

10831 Thank thank10832 you. Thank you DA I10833 just have one10834 question and thank you for your honesty and your your public testimony.10839 Really appreciate it. Just and you talked about the recent pay increases we did for the10844 assistant Das And all that. Has it helped with retention and people?

O'KEEFE - Yes. Okay. No question about that. Mr. Chair.

WILLIAMS - Okay. That was my only question. Okay.

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O'KEEFE - No. I10862 just I just I hope I emphasized enough10866 how grateful the Assistant10867 Das were to10868 be recognized by you the legislature?

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GOBI - Thank you. Um thank you10882 Mr. Chair on that same issue in in10885 this budget. Um the10886 three million reserve, that10888 was10889 intended to increase the salaries that we were just talking about on the ADAs now that that10896 was eliminated in this budget. Um And from from what you've said, I mean, obviously it would be great because you10905 you brought up the point that so many ADAs10908 need to have a second job, you know, and obviously probably weren't very successful this year with restaurants being closed and but obviously that10913 shouldn't happen. Um Can you speak to that a10916 little bit, because obviously, you know, it's great uh retaining the retention reserve,10922 but what about eliminating getting rid of this kind10925 of expansion? What do you10928 say?

O'KEEFE - Thank you,10930 Madam Chair for the question. You know, it's10932 going to it's going to have an impact, but I think10936 our thinking10937 was to be a the cognizant of the problem that you the Legislature10943 have in this sort of10946 what what I'll term is kind of down sized, uh probably tax revenues10953 coming. Yeah, if on the other hand, you find that you have the ability to do once again About10962 $3 million dollars and then In its annualized to about six million, You know,10968 we would be10969 very grateful10970 for that, but we're not we're not seeking it this year. But10975 next year we10976 would come10977 back and look at an10979 age and where they10981 are, look at our young people and where they are and begin making the pitch to you again. So let's bring those two groups10989 together. Let's make sure that an assistant10992 district attorney is a comparably to10994 a lawyer who goes10996 to work with the lawyer who worked for any of the other myriad of state agencies that11003 employ a new lawyer.

GOBI - Thank you. Yeah I I definitely agree with11007 that when the the other thing that that came up, you know, talking about11014 when the courts go back into kind of11017 full operation, um I don't like to11020 necessarily say that you have a backlog of cases, but what what do you see kind11026 of going forward with that?11027 I mean is this is11029 this11029 budget going to be enough11030 to support because you11031 know there's really no increase whatsoever in11034 it. Um Is it going to be11037 able to support new cases coming to you?

O'KEEFE - Well I mean11041 we've we've dealt with the new cases um that have come to us and they're stacked up like cordwood frantically awaiting for the point where we can begin to,11053 you know, scheduled11055 for trial. The old cases that have been put on the shelf since last, the end of basically last February, so we've had a year without being able to dispose of cases11069 in the most effective way and that is to have a trial11074 date so that people really begin to hone in on, you know, what am I really gonna do here with my11082 case And you know, one of the11084 things that you11085 know, I've been urging a11087 trial court to do is,11088 you know, as I watch, watch11091 them spin,11092 what I think are enormous amounts of money11095 renting places like Lombardo’s of Lantana and in Norfolk County and renting.

What I'm told is a holiday enough Berkshire11104 County for $800,000 and they're in negotiations11107 as I, as I understand it to rent11111 a hotel here on tape, one of our premier hotels as we go into the summer. If11117 those amounts of money that I just mentioned work11120 for those cases renting a big hotel cake the11123 whole criminal trials,11124 it is going to be a heck of a lot more11130 I suggest. And so that11131 might have been a good idea a year ago. I don't think it's a really good idea. Now. I would much11137 rather have the SJC and the court established with some certainty that we're going11142 to have Trials commencing again11144 on June one on June 1st. And in the meantime11149 we're going to try and bring every case into the court before a Superior Court judge.

11156 Which we have the ability to do through the zoom process and you have what we used11163 to call him back in11165 the day, a strangulation session which are mobile makes11168 its pitch but what11169 they think should happen in a given case, the11173 defense attorney makes their pitch. The judge indicates what they would11176 do and then that,11178 you know, office stays open for a week for whatever period of time before thinks11184 is appropriate, after11185 which11185 point if11186 the offer is rejected and the case goes11189 on for trial. But that11191 author is no longer available. So there are a11194 number of different ways to move11196 cases. We've moved a number of cases, even11200 room this theory, But there's no question that we're behind the eight ball. Ah And I hope11208 that gives you a little bit of a sense of where we11213 are.

GOBI - That's very that's very11214 helpful. And so that you've given us a couple other questions to ask when the11224 judiciary is before us very soon.11226 So maybe it was11227 good that you went before them and if if I can11230 Mr. chair, this is um this is being completely parochial and uh putting11234 in a little pitch11236 for something to watch out for. Um I am I know that this is something11242 that DA Early is11243 uh notice11244 about I'm working closely with the bush family on a on11247 a bill to try to put in familial DNAto be used in Massachusetts. So I'm just saying it11254 and uh hopefully that's something that we can talk11256 more amounts for the association on.11258

O'KEEFE - We're looking we're looking for that discussion and we have some very11262 definite thoughts about it.

GOBI - Fantastic. Thank you very much. I appreciate that's11268 all Mr. Chair and11269 thank you again for all that. You do.

O'KEEFE - Thank you madam chair.

WILLIAMS - Thank you.

O'KEEFE - Thank you Mr. Chairman.

WILLIAMS - Thank you. thank you thank all11278 the DAs

SHOW NON-ESSENTIAL DIALOGUE

WILLIAMS - First of all thanks. Probably. Uh11543 let's see Chief Chief Justice11545 Harry, Mark V11546 Green, and especially you Chief Justice11549 Budd you know your grandfather was job. Oh my role model,11556 my mentor. Your dad won't let me11558 enter. We're so proud of what you have brought to11561 the table in terms of uh doing your, your business, your life worked. But I want to make a comment in terms of criminal justice and I11569 said this is just pure justice security other11572 day11572 that uh, CJ reform took place and I11575 want to take my hat off the year11580 predecessor,11580 just us a dance and you folks helped us the judicial system helps us11586 navigate, counseling your support11588 and uh, what you did every day and made a black and Latino Coccus is really appreciates to judiciary afghans who was on it every11598 day. And I've been speaking of11602 like five years, I just want11603 to tip my hat off to all your folks, the judiciary who helped us navigate, uh, at11607 least get the first11609 step phone for the criminal11611 justice reform bill that took11612 place on Beacon Hill. But that being said judge, but I'm so proud and so honored11618 to you testified before11621 this committee. It's all the floor is all yours.11626

KIMBERLY BUDD - THE SUPREME JUDICIAL COURT OF MASSACHUSETTS - So the thank you11633 so much. Yeah,11634 and I'm sorry that you can't11637 see me. I'm smiling and I I want to thank you for11638 your words about Chief Justice Camp. Um, it was11642 such a shock to11644 lose him. Um,11645 and he just meant so much to obviously11649 the judiciary, He was a wonderful mentor to me and11653 uh, not to11655 have him here has11656 been very difficult. Um, But I11661 want to thank both you and representative Gobi for giving us11665 the opportunity to testify before you today about the11668 fiscal year 22 judiciary budget11670 request. And I11672 know it's been a long morning and, and now a long afternoon. So thank you so much for your time. I also want to11679 thank the joint committee. Uh11680 and it's chairs Chairman Rodrigues and chairman Michlewitz for11685 the support that's been shown to the judiciary during a11688 truly unprecedented year.

The sustained11693 financial support that's11695 been provided to the11696 judiciary over the past fiscal11698 years, 20 and 21 has given us the ability to make any adjustments that many adjustments that have been11706 necessary just to keep the11708 court system operational during the pandemic with regard to the budget request for the trial court for fiscal year 2020. Excuse me, 2022 uh the justices and I11721 fully support the fiscal year 22 maintenance budget request for approximately 771 $.511728 million.11730 This11731 quest is less than a 1%11735 increase over FY 2111737 and it supports a11739 workforce of over 630011741 positions. That's the amount that the trial court really needs to maintain, the stability that we've been able to achieve11751 as we resume the normal11753 business operation and address11755 the backlog created are the pandemic.

In addition to the maintenance budget, you'll hear more about the requests for five budget modules. Uh And they include funding for recall judges, core clinicians for11773 mental health, online dispute resolution uh services, um11778 Mass health reentry11781 services and transitional residential service11785 program.11786 It's really important that we have a well funded trial court in fiscal year 22. Just as we11794 move forward to get beyond this COVID 19 crisis people. I want to take just a moment to mention the IT Bond bill which was refiled in February. Uh As you may know, we have traditionally under invested in technology11811 and we knew even before the pandemic that we did need to11816 turn our attention to updating11817 the technology that's available to court employees, but more importantly to court use.

And obviously the pandemic really brought that point home, among other things, the bond funding would provide the judiciary with resources. Uh necessary to innovate and streamline court processes,11836 make universal e filing11839 a reality, protect our information11843 systems from cyberattacks and11845 secure courthouses from potential threat. It would11849 also allow us to more readily collect real time data to address the findings of the11856 Harvard report that was commissioned by Chief Justice11859 Gants and that that report showed as you likely know that black and Latinx people are over represented in the Massachusetts criminal justice system and they were they are likely to receive longer sentences.11872 I'm committed to11873 finding ways to eliminate those disparities as we all are.11878

Thank you. Since we have just hired our new CIO Steve Duncan, we believe that the time is right to undertake the project that was now contemplating and you'll hear11889 more about11891 those initiatives from court11892 administrative, Bale. With regard to the Supreme Judicial Court Budget for FY 22. We're requesting 10.3 million and11903 that it's a modest request that11906 will provide base funding for court11908 operation appellate court IT Expenses and the funding11912 necessary to maintain an already small11914 staff at a manageable11916 level. Finally, um as you know, there11921 are11921 a11922 number of non11923 judicial and non affiliate organizations that11924 for budgetary reasons are included11926 within our accounts or the accounts11930 that are11931 associated with the11933 SGC budget. We don't oversee their budget or their spending.

11937 And as a practice, we11939 normally just forward the request without making any formal recommendations. I do, however,11944 want to just briefly recognize the important11948 work11948 of the many legal aid11950 programs that11951 address the needs of some of the commonwealth most vulnerable residents. The11954 programs are funded through the mass legal11959 assistance corporation and11960 the funding is critical as legal aid organizations attempt to address the increased demand for legal services during this very difficult time in closing. I just want11972 to thank you again for the opportunity to appear before you. Uh11977 I am happy to answer any questions that you may11981 have either now or after you hear from Chief Justice Mark Green, Chief Justice uh Paul Carey and Court Administrator John Bale,

WILLIAMS11991 -11991 I11991 think. Um thank you Chief Justice. Uh fortunately I I uh had talked with judge Carey a couple days12005 ago, I have the whole presentation of basically what you talked12008 about. So I'm going12011 to be submitting that12012 to all of the uh as part12014 of my part of this testimony. Uh everything you talked about she covered. I get into break the only, there was one point that previously one of the District of Clarity's talked about the chairperson12026 of the DAs about the rent that looked painful facilities. I know that in in in in12034 in Western Mass and Sprinkle in particular, you're12036 gonna rent the movie theater of the12038 East Field Mall. And he was just not, I don't think it was questioning. And then he brought to our attention that we're spending a lot of money at hotels and, and movie theaters and malls. And is that12052 going12053 to be the general strategy going forward or was12057 that just a strategy to get us from Point A to point B.

BUDD - Well, as you know, the situation has been fluctuating and we are just trying to make sure that we are in a position12070 to make sure that the people, the defendants who have not yet had a trial have the opportunity to be tried as soon as possible.12079 And so we've been trying to make sure that12083 we have places to do12084 that and to begin to address the backlog. And hopefully the idea is that uh and you'll hear more from Chief Justice Carey, but the idea12093 will be that12094 we will be able to hold trials hopefully in the court houses as well as the satellite uh locations so that12102 we can address some of the backlog, how12106 that's you know how it's gonna work12108 in practice. We'll see12109 that we're hoping to make sure we12112 can address12113 the backlog that we12114 currently12115 have.

WILLIAMS12116 -12116 Okay.12116 And I agree12119 with12119 your justice delaying is justice denied. Um One12122 last question that I'm a journalist, Senator Gobi. Um we have heard a great deal about12130 the coming victim crisis. What is the courts especially the housing court doing to address12136 this need today12137 and over the coming years? What staffing12139 is needed to continue meeting the12141 volume of cases that we expect to12143 see once the moratoriums are kind of overweight and things have lifted and12147 people start flooding the12148 courts?

BUDD - Yeah thank you for that question.12152 Representative Williams, I'm going to12154 defer to Chief Justice Carey but I can12157 tell you that we threw12158 her are working with the executive branch and members of the legislature to figure12166 out a strategy for dealing with what we know is going12173 to be an influx of infection.

WILLIAMS - Okay. Okay thank you

SHOW NON-ESSENTIAL DIALOGUE

GOBI - Thank you. Mr. Chairman thank12191 you Chief Justice but for being with us today. Uh12195 just a couple things because you answered quite a bit in your testimony and12199 I also have the a copy of your written testimony as well. I do want to thank you for giving12206 a little um extra shout out if you will to MLAC, I may uh attorney alumni of a lot of MLAC and they do a great work for a lot of people and I agree with your12218 assessment. Um I just wanted to go back as well for something that12223 the chairman said because in the previous testimony, the DA O’Keefe had12226 mentioned12227 specifically about you know, the to have the courts and the Superior Court back12232 in operation by June12233 one. Is that a terrible date to be hope it fully?

BUDD - So again, I'm gonna leave the details to uh court administrator bail and chief Justice Carey.12247 But they are keeping a good12250 eye on what what um statuses of each of the courthouse,12257 What whether they're um12259 able to hold jury trials with the current conditions, you know, social distancing requirements that are currently in place. How what what type of12272 trials they can have whether it's12275 six or 12 person Juries. Um If they are not currently able to do that, can they be made12283 to do that through12284 the air quality? Uh and making sure that there's12289 proper ventilation. Um So there's there there are multiple court houses, many of which12297 will be used, some of which currently are being used.12302 And as conditions change,12303 right, more may come online. So it really will depend on what the what the conditions are with regard to vaccinations and where we are with the levels12318 of of transmission and things like12319 that.

12320 GOBI - Thank you. And I can wait for justice Carey12326 to speak a little12327 bit more on that. Thank you for that

BUDD - Thank you.

SHOW NON-ESSENTIAL DIALOGUE

MARK GREEN - THE APPEALS COURT OF MASSACHUSETTS - thank you Senator Gobi. Representative Williams and members of12365 the joint committee. It's a pleasure to and I12368 appreciate the opportunity to come12370 before12370 you today. And12371 I also want to echo12372 the appreciation the Chief Justice Budd expressed for the committee chairs, uh Senator Rodrigues and Representative Michlewitz12379 for the support12381 that they provided to the court system as a whole. And the appeals court in particular over the years.12386 You have my full written testimony that12388 was submitted ahead12389 of time and in the interest of time. I know it's been a long day and you're not done yet. I just want to highlight12395 a few12396 key points and then uh answer any questions that you may have for me two years ago.

Uh12400 The appeals courts appropriation12402 request reflected a slight decrease in absolute12405 dollars from the previous year despite cost12408 of living in step increases due to some management consolidation12411 streamlining. Last year our request was for a 2% increase year over year, which is still lower than the total of12419 required Cola.12420 And step increases again due to some senior staff retirements12424 replaces entry level This year our request is again for12428 a 2% increase and again, our ability to come12431 in below mandatory payroll12432 increases is due to some senior retirements. Our request is for 14 million, 159,000 and12437 change uh Are12438 the house one uh Filed level funds us at the fiscal year 2112447 budget, which is below are required maintenance budget. To meet that requirement,12451 93% of our budget12452 is personnel and without reductions to senior staff replaced.

The entry level are required increase. Year12459 on year would be close to 3%. Last year. Our budget12463 hearing was scheduled for March 16th, but it was canceled due to the pandemic. As12469 you may recall. March 16th was a Monday the first day of the governor's two-day emergency shutdown order. Due to our previous efforts at the Appeals Court and12477 our investment in12478 technology by the close of business. On Wednesday the 18th, we had moved all of our judges and staff out of the courthouse and converted to an entirely remote operation. We had largely12487 concluded our March12488 sitting when12490 the pandemic hit. But on our12492 April 2nd we held12493 our first oral arguments by a12495 zoom with the simultaneous livestream to YouTube for public access.12499

We have continued to12501 operate safely and remotely at full capacity with12505 all staff at12506 the court12507 officers off site Ever since.12508 I can't tell12509 you how proud I am of the adjustment that our workforce made in the face of the emergency,12516 most of whom had never12517 had occasion to work remotely uh in the court. We lost about a week. But since that time we have been operating again12525 at full capacity. We do not12527 face the challenges that12528 the trial court faces in the need to bring jurors from the general public12532 into the courthouse in order to conduct our proceedings.12535 We are operating on a closed record but we have continued to operate as I said at full12539 capacity without skipping a beat. Just12541 to12542 look back a little bit further.12545

When the court expanded12546 in 2001, we12547 nearly12547 doubled in size,12548 but we12549 had no corresponding increase in our12551 support staff. And in fact since then, our12554 staff has reduced over time through attrition of positions12557 that went on build. In 2001, when12559 I joined the court at the time of12562 the expansion, we had 70 support staff. We are down12564 to 52 now even lower than it was as we entered12569 the pandemic. And that's in large part because due to the uncertainty surrounding the fiscal 2112573 budget, we held off on killing a number of key vacancies due to budget uncertainty. We are12579 now looking beyond the pandemic. We've engaged the12582 National Center for State Courts for an Operational Assessment to help us reimagine workflows, job descriptions and human resource12588 allocation more closely12590 aligned to our12591 new digital operations and capabilities.

We are one of three courts nationwide12597 and the only intermediate appellate court to have been12600 awarded grant money from the State Justice Institute to assist12603 us12603 in that effort.12605 It is possible that the12606 result12607 of that comprehensive assessment may suggest areas for future investment as we build back out some of the currently vacant staff positions and identify areas where our staffing is inadequate to our12617 current needs. But that is for12619 the future. For now, we are pleased to be able to submit a request that is only 2% above last12624 year's despite cola12625 and step increases as I said. And again with12629 that, I will conclude, I want to12631 thank you for the12632 opportunity to appear before you and I'm happy to answer any questions that you may have for us.

12637

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GOBI - Yes, Chief Justice. Just just um since you12646 are on this, um you've12648 gone to pretty much all zoom and everything that's happened. Are12653 you experience, there's still12654 a backlog with the appeals cases or if things uh where do things stand with that right now?

GREEN - No, we have we have actually no backlog whatsoever. We are we will once again meet our every year. Our target is to Uh12669 reach for argument before12671 the June sitting. All cases that were briefed and ready by February12674 one. We will meet12675 and exceed that target. We are the judges12678 are more12679 current in writing decisions that they have heard than at any time. And uh and the12683 staff in terms of post production review12685 and fly speaking those opinions so that they can go out without12689 typographical errors and then consistent formatting. They are completely12692 current. Again,12693 I want to emphasize that12695 we have been able to do that not simply because of technology but12698 also because The12699 nature of our operation nature of our business relies entirely on12703 information processing.

And we had moved in the seven or12707 eight years before the12708 pandemic to a largely paperless operation, we have 95% of our briefs are filed electronically through electronic filing. We move those documents around internally through a12719 document management system. And so while we had a significant effort12723 in training and investment in hardware and more important training for the workforce that had not worked remotely, um we12730 were able to do that in fairly short order and, and we12734 have proven that we can operate entirely remotely.12736 I do expect post12738 pandemic that we12739 will be going back into the building. Of course, we,12741 there are things that you miss when you don't have that face to12743 face contact. But we are able to12745 operate. We operate without12747 skipping a beat. And12748 and we were basically scraping the bottom of our12751 inventory at this point.

12752 GOBI - Are you expecting them to see sort12755 of almost a dual system to have in person and and continue with some of the zoom or do not see that happening as much?

GREEN - We're going12764 to explore that question. Um It's certainly front of12767 mind.12767 Uh one thing I can say with virtual certainty, I I12771 expect12771 that we will use the technology and the training that12774 we've that we've achieved not just internally, but also with the12777 bar12777 To12778 use videoconferencing for hearings, for12781 example on12782 snow, emergency days we use we typically would lose 4-5 argument days12787 a year with enormous disruption rescheduling um and also last minute notices12792 because of snow events. And with what we've proven we can do on video conferencing, we can err12798 on the side of safety.

And caution, make that call a couple of days12801 ahead of time12802 and and avoid12803 that disruption, whether there is value in uh, also using Zoom hearings12809 as an option.12810 For example, for attorneys12812 that are coming in from remote locations in12814 the12814 state, uh, there's a lot of time the attorneys have to spend12818 to come into Boston12819 for 15 minute arguments and and we certainly12822 will be engaging in12823 those discussions with the12824 bar and with and with the12826 public to see whether that's something that is worthwhile. But I don't12830 want, I'm not in a position12831 today to commit to one course or another.

GOBI - I appreciate12835 that. And I thank you for12836 your candor. Thank you.

WILLIAMS - Thank you. Your12843 honor.

GREEN - Thank you.

SHOW NON-ESSENTIAL DIALOGUE

PAULA CAREY - THE TRIAL COURT OF MASSACHUSETTS - Uh, and thank you. Chief Justice Budd chairs Williams and Chair12880 Gobi uh, and members of the Joint Ways and means12883 committee. Thank you. I echo the thanks for the ability to be before you today to highlight12888 our courts and to outline12891 our budget needs. We appreciate Your continued support for12894 the trial12895 court and our operations.12896 Since I have been chief12898 in 2013, I've been so grateful to have the support of the legislature. Very start of my tenure before I became my comments, I would like to introduce the trial court's new court administrator John Bale. He began12911 his role on March one12912 and I couldn't12913 ask for a better partner injustice. His12916 in depth12917 understanding of court operations will enable him to12919 help lead the trial court alongside me with a steady hand, especially during these uncertain and unprecedented times.

12927 As chief justice Budd indicated to you our budget request12932 is 771,555,499 for ongoing trial court operations. This request support 6,377 employees across12942 97 courthouses12944 across the12945 Commonwealth governments recommendations in house one uh included 762.9 million, which is a difference12952 of about 8.6 million. Before I provide you the12956 details on the budget as you've heard from many, many other folks who have testified today like to discuss how the trial court has pivoted its operations to meet the needs of those we serve during this global pandemic. With very little notice from time to repair. We to prepare, we have to transition to a remote platform12977 in order to keep our keep our employees safe and to keep our court users safe and more importantly, to make sure that12984 we continued who uphold our12986 mission to deliver justice with dignity, speed.

12990 And despite the12991 pandemic, we only shut12992 down two days. Uh and otherwise we're open12995 for business. We12997 persevered. We conducted business virtually12999 and in person. Jury trials have become in13002 some of our courthouses13004 and will soon be conducted in large offsite locations13007 to assist with13008 our13009 backlog. We've turned to offsite locations because many of our existence houses are not13014 able to accommodate13015 the number of people needed to conduct jury13018 trials. Addition to our police, We've even reduced our employee base to 50% up until recently were allowed other folks to come in. Some of our employees13028 are able to work from home,13030 um which enabled us to continue to allow them to work remotely. We've engaged a vendor to assess all of our courthouses for environmental safety and have consistently consulted13043 with an epidemiologist.

As we've made our decisions regarding in13049 person operations, how many people we should come into our courts. I welcome any of13053 you to come to one13054 of our courts and see13055 how we've outfitted with Plexiglas, uh, spacing 6ft13061 apart to ensure that everyone is safe.13064 Uh, and just to give13065 you a flavor for some of the things that we're dealing with one day13068 this week, we13069 shut down eight courthouses to13071 the COVID cause it over just so this is13074 an ongoing issue for13075 us. We have had to pivot in ways that um, one, it's hard, it's hard to13082 imagine. So it's very prominent in our13084 mind. We do not have the ventilation problems,13087 um,13088 and bring people into our courthouse or bring the amount of people we need to bring in to do. 12 person juries.13094 We cannot conduct them. We are citizens of the commonwealth,13098 are folks that come in that we summons to do jury duty.

They have13102 a right to13103 expect that our buildings are going to be safe for them and that the ventilation is proper. We do13108 everything we can to ensure13110 their safety. Hence the reasons13111 why we have gone to outside locations. It's frankly difficult for us to transition and do that. If we had our druthers would be in the courthouse is it's much13121 easier to do our work in the courthouse. Um13124 uh struck, we're stretching staff to be able to staff all of13129 these outside locations, but we feel safety wise that we have no13133 other choice to do that, especially to do um conduct our operations 12% juries. Right now, we're13140 doing six person uh in custody cases. Those are the priority. Uh if13145 we can't fill up a13146 jury day, then we13147 are doing uh known custody criminal cases and13150 then if we don't have a non custody criminal case, we're doing civil cases.

So we are actively trying13157 cases now and the13158 challenge even in those courthouses where we13162 are able to do trials. Uh if you have otherwise had13167 a13168 four courtroom courthouse, we are now and13170 we can try13171 four cases pre pandemic. We're13173 now only able to try to13176 cases uh13177 post pandemic because we have to use one courtroom for the trial, The13181 2nd courtroom for jury deliberation and13184 others. Sometimes it's needed for sidebars, Sometimes it's needed13187 for other types of things. It's needed for impanel mint so we can't conduct business in our courthouses13195 as usual. Um, so the last year and John13198 Bale will answer, he13199 has been the point13200 person for this so13201 he can provide13202 any other questions13203 on this. But you13204 know, it's not our drummer13205 to have to go13206 out and use outside sites frankly, but, but there are13210 constitutional13210 principles13211 that are necessary.

We need to try these cases.13214 I couldn't agree more with the, the DAs is13216 that we need to, we13217 need to try these cases and answer to a question about June one. We fully expect that we will be13224 Up and running um, with 12 person Juries hopefully before then. Um, so that13231 would13232 be an outside uh, date. So the13234 last year has been extraordinary, narrowly difficult for our employees. Who are your constituents. Um, they've continued to come to work and to serve the public,13243 both in person13245 and virtually despite concerns about their own safety, their own13248 welfare as well as13249 that of their families, their friends13251 and their colleagues. Yet they have persevered13254 to ensure access to justice and I13257 couldn't be prouder of their efforts. Chief Justice Budd mentioned budget modules as as many of you know the way the trial13265 court presents our budget each year's.

We give you our maintenance budget and then13270 present various modules that you can look13272 at and decide based upon what13274 we we've articulated in13275 what you13276 believe the need is the first budget module. Um We had13280 five of them is to13284 add 10 court clinicians. Uh and let me explain to you about our court clinicians. What they would do is health screening, substance use13292 disorder, screenings and care referrals.13294 We've seen a significant and substantial increase in substance use disorder and co occurring behavioral health issues in our, in our13302 system. The pandemic has only increased that. We13305 currently do have clinicians that serve in our13307 just primarily in our district court in Boston Municipal court, but it's just not enough. Um and13315 the pandemic has increased the demand for13317 court clinicians to do these13320 assessments.

Judges have consistently highlighted the need to me for further resources13325 in this area. Um13326 They need the clinical help so that they can make the best decisions possible based on the needs of each individual and without this critical13334 resource that often flying blind as they try to make a decision as13337 to whether they're going13338 to divert someone to13340 a treatment program.13341 The question would become, what treatment program do I put them in? Well, if they if they release them13347 to to a treatment program,13348 if they don't have a clinician to help them with that decision, it makes it more13353 difficult. Um and we do want to minimize those individuals, uh especially those individuals who have behavioral health needs, um and substitute disorder that can uh more effectively be dealt with in the community and a treatment program.

And I can13368 tell you from my own experience,13370 I just recently completed a week on judicial response and I had an unprecedented a number of of mental health calls for those of you13379 that perhaps you're13380 not familiar with judicial13381 response. Every judge across the state is required to serve on call13385 at night and on weekends, a week at a time to assist the police and13390 the public13391 when emergency judicial action13393 is required outside of normal court13394 hours. I I13395 can tell13396 you that my experience13397 since 2001 is that I13398 I did not get very many13401 of those13402 mental health calls, but this uh most recently I believe13405 the number was five, which is pretty significant. Um so the Commonwealth has never experienced this kind of need, um at least since I've been serving since 2001.13415 So the 10 court clinicians will help13418 us. Um uh there are, they won't be involved in our specialty courts because we13424 have clinicians especially assigned to13427 those specialty courts.

And just13429 just to clarify that money doesn't really go to the trial court. It comes into the trial court and13434 immediately goes out through an ISA because we hire clinicians through the Department of Mental Health and13440 they are supervised by the Department of Mental Health. We just tell them where to go and where they are needed. Um If we accomplish this objective, we13449 really truly believe that it will help many of the people that we serve. Our second innovation is for recalled. You've heard that we have a significant backlog as we're on. Uh It's hard to define13464 backlog though, you know, really in13466 terms of uh what we have,13467 I can tell you that we disposed of 21.8% fewer cases last13473 year, the last 12 months and normal. Um, we estimate that we13478 have 9000 pending cases. So those are cases scheduled for trial.

So those cases need13483 to be heard. And we have a backlog of cases that now while I say backlog, it's a little deceiving because it,13492 it sometimes can be in a civil and civil matters, the case might13496 have settled and they just never13497 let us know. And it's only until we schedule when we schedule with trial that the lawyers tell us13503 that it said scheduled. And I would also point13506 out that many of our13508 criminal13508 trials, it's only, it's13509 it's a trial date that13511 gets those cases to schedule. So the more13513 we can schedule our trial dates with firm trial dates for our for our criminal13518 cases the more likely that people are going to come to the table and resolve those cases. And if they don't I will13525 too well we'll try them. Um13527 and virtual hearings13529 are judges really changed pivoted and we've been doing13533 virtual13533 hearings, they're safe. Um but the bottom line13535 is they take more time.13536

It13537 takes a lot more time to process virtual hearings. And as a result we have more of a backlog because of that,13543 both in our civil cases and our criminal cases. We're looking for 1.3 million for13549 recall judges13550 to help us normalize the13551 Caseload. But that's not only for13553 the judges when you have judges you13554 have to have the staff that goes along with13557 it. So13558 we've got individuals13559 that have retired that13560 potentially might be willing in the short run. Not in the long run to help us with this backlog. But this will require continued communication with our Das with us with our defense lawyers because they need to be able13574 to try these cases.13575 So it's subject13576 to their staffing needs13577 as well. So13578 it really has13580 to be a collaborative effort.13582 The third module is um I'm gonna let John Bale talk13585 a little bit about13586 that isn't really which is online dispute resolution13591 because that fits13592 within our IT Bond bill.

The fourth innovation is a request of13598 $1 million to fund an expansion of the mass health13602 behavioral health justice initiative, which is uh related to criminal justice reform. And it's13607 a partnership between the executive13608 office of Health and Human Services, Mass Health, the department of correction, parole, the Worcester and Middlesex County Sheriffs13617 and uh Massachusetts probation13618 services as well13620 as to accountable care organization called Open Sky and advocates.13624 I hold this out and when I speak13626 nationally, I hold this13627 out as a national model. We are triaging federal resources13631 to13632 be able to provide individuals help. And13636 so our13637 budget module will allow us to expand13641 this pilot. It provides13643 dedicated reentry13644 navigators and coordinated care managers for people in the criminal justice system who need access to behavioral health um resources.

The results are really strong. Um there's a large consistent participation13658 of those individuals and they're generally the high risk, high need individual's. Um13663 and the shift in mass health spending13666 on these cases is positive13667 because we were able to13669 shift other resources to help people that13672 are eligible for mass mass health.13676 And essentially13677 it provides services um two probationers, parolees and people transitioning from DOC uh in the Worcester and the Middlesex houses of correction back into back into the community and all are eligible thanks to your appropriation. So far, it's in it's in the probation13696 CSG line item, although the money again doesn't go13699 to us. Um, and it really has been just13703 had, we've had significant success13705 with it. Um, and in addition to13708 the $1 million expansion13710 um that we successfully secured 2021 this new money will help annualized annualized the full implementation.

We've actually moved13719 into um to other counties as13720 well. And out13721 of the13722 hole with, as of March 15, we've had 13,015 year referrals, behavioural health service. 40% of them13730 have been from probation. The 5th Innovation is also connected to that, and it provides for transitional13738 residential services. And13739 it's critical for folks that are reentering. Um and13742 then for the13744 it's13744 really relates to the needs13746 for those who13747 are being either pre release or released13751 from incarceration. And it applies to both parole and probation sentenced individuals. Uh we are hoping, uh thanks to13759 your support over the13760 last two fiscal years, we've been able to expand our transitional housing to serve southeast residents, South Coast residents, and we've increased13769 from 120 beds to 152. Um and they're filled.

Uh there's a waiting list, um and we're hoping13777 to expand13779 to more13780 geographical areas, um and expand in Worcester, county, Essex county13785 Norfolk Plymouth. Uh this this13786 sum of money will hopefully uh fund an additional 50 beds. And it's13792 not just the facility and13793 the housing that it funds. It also funds13796 services for these individuals, as you know, if anyone is released from incarceration, housing is a huge, a huge resource. And13804 if they don't have housing, you know,13808 the results and the13810 risk of recidivism is significantly greater. I also wanted to talk about a couple of things13815 that we've pivoted13816 to that will remain because they've been so hugely successful. We have developed virtual registries and virtual clerks’ offices13824 which allow folks through zoom to connect with our clerk's office and our registry offices.

And what13830 happens is13831 they go into zoom room, they meet with13833 a court employee,13835 they get their questions answered, um, they even get help filling out forms, um and13841 being able to13842 uh file their forms.13844 We have served people from all over the world using these these13849 virtual registries. It's a win win because people don't have13852 to come. It keeps uh the number of people in our13855 courthouses down so that we can maintain social distancing. It is convenient for folks because if it's not something that13863 they really have13864 to come to the court for, they can sit and zoom in13869 from their house. Um and so it's really worked out uh really13874 particularly well. Our housing13875 court has the same13876 thing. Our land court has13878 the same thing.13879 Um And in13880 addition to address13881 those individuals who don't don't have technology because, you know.

We do serve marginalized coca13888 communities and core communities that don't have the resources. We have started to established13895 zoom rooms, uh their13896 computer stations in our courthouses, we have13899 them in Brockton Chelsea Springfield13901 Worcester. Um We're now moving13904 to, I believe it's Taunton Mauldin, we've got another five that we're shoring up in13909 the next13910 few weeks. We're working with Attorney General Maura Healey on establishing other sites in13916 other community locations. And we're also going to be working on with with local community law law libraries but libraries to put these computers there.13926 So people will have access and won't13928 have to come in. The challenge when they're not in the courthouse. Is that if a litigant has trouble logging on, we have staff13935 that can help them. If13937 there's someplace else, it's going to present challenges.

And in the courthouse we have, you know,13944 COVID signage gloves, disinfecting13945 wipes, hand sanitizer13946 in the light to make people feel comfortable13949 using them as well13951 as partitions. Um,13952 I don't know how those other locations are going to be, you know, have all the PPE that13958 might be necessary, but we're working on13960 it. And then our virtual court service center, we used13963 to do court service13964 centres, brick and mortar only and we13967 only had five of them were13969 now uh doing it virtually so we serve the entire commonwealth. So13974 it's been a win win,13975 our specialty to give you an update. Haven't missed a13979 beat. They are13980 still continuing with graduating folks.13982 I just attended a13984 session this week and they're doing extraordinarily well. Um just to tell you a couple of we we have triage, we're13993 so grateful of your funding13995 for all of our13996 initiatives relative to specialty courts, but we just recently got a BJA grant of $614002 million our largest grant ever.

Um and it's going to allow us to expand our court based community corrections, community connections for individuals who are at14013 risk of overdose and have behavioral health needs. We're going to have navigators that are sitting in the courthouse so that can actually, you know, uh, ensure14022 that people get to where they14024 need to be. So we're hoping that over the next number of years that we will be able to14031 provide not only services for over 300 probationers, but provide sober housing proper to six14039 months for individuals.14040 So we've targeted those locations that14042 have been heavily14044 impacted by the opioid crisis. We're moving to text messaging and we're moving to, you know, e filing, I'm happy to report that um, those14052 are all being rolled out through the14054 court to remind people14055 to come to court, you14056 know, so you get a14057 text message, so it's14058 an opt in.

So we're not14059 forcing people to do14060 it, but it's14061 a reminder many of our14064 people have challenged lives.14065 Um, just we've started14066 it since November 10th have already sent14070 out over 25,000 text messages. Um, another major initiative is diversity14076 equity and inclusion. It's critical for us, especially in light of the Harvard study and in14080 light of the events of this year. You14082 know, uh we14083 also have a lawyer wellness report where lawyers reported um, that they've had challenges and14088 disparate treatment in our courts. We take those, those concerns and reports very seriously uh upped our game relative to collecting data.14100 Um, and we have engaged in14104 many, many experiences trainings14105 for our staff, but we'll continue to do that. And because of the14109 lawyer wellness report, we're actually gonna be rolling out these14113 trainings to the bar and inviting them to participate14116 in these trainings as well.14117

We do an14118 awful lot of out beats have done since the pandemic. We've done virtual town halls where we go to communities, tell people14126 about the courts. We started it in Chelsea because we got reports of a lot of self help evictions occurring. We wanted14133 to get it out to the communities14136 that they were they these were illegal,14138 uh, and14139 that they were not required to leave their home without a14143 valid court order and execution. So, and that's just one. We talked about domestic violence, we talked about14147 a lot of things related to the court system. It's been very14153 well. We've we've also had a community conversations about,14158 about race. I'm gonna stop there because I've gone on long enough and I can answer. I14164 also you you had a question on the eviction, so14166 I probably should.14169 Do you want14170 me to answer that before question?

WILLIAMS - Yes, please.

14174 CAREY - Um, we've had a, uh, this is I give Chief Justice scans again credit for the for raising the alarm bells on the eviction crisis14185 in august and he set up, stakeholders develop to commit14191 a sort of stakeholder group of 75-100 people and really got input about how it14195 is, what what did we need to do and what could we do to provide to prevent mass homelessness? And I think we have large, we have succeeded, We did a presentation which I'm sure the executive branch, certainly the judicial branch would would be happy to present.14210 They14210 dealt with what's on the executive branch and14212 we've been working with the executive branch on it because it's really a team, it's been14216 a team effort. They have dealt with getting14220 the funding available.14221

And now I think14222 it's up to $793 million, um that is available to help14226 with this effort between federal and state funding. What what14228 we did, we14229 what we in the courts and I think we have14235 seen a decrease in a proceeding since january has been a decrease. So uh we don't know what's going to happen at the14241 end of March, we're waiting because that's when14243 the more the federal CDC, or it's not the CDC moratorium, but when14247 that goes away, but14248 we think we've got the structure in14252 place to be able to address these cases, um, RAFT and ERMA have been, um, more quickly handling these cases so that money and the federal rules have changed so that Previously you could only get up to $10,000.

Um that is increased, it's basically up to 12 months potentially with another three months added on to that of help in addition to getting help with utilities. So there's new, these new opportunities available for, for folks, but with the trial court did and great credit goes to find apartments that do summary processes. They got together and decided we need to change the way we do business. So there's now a two tier process. It's the first here that individuals either meet with a mediator or they meet with housing specialists and they either resolve their case or they, we, we give them time to come up with.

Um, they go to RAFT funding. So the tenants know about RAFT funding, the landlords know about RAFT funding and then they go, we give them the opportunity to be able to get funding to cure the arrears or at least come up with a plan to partially cure it and and figure out what to do going forward. If they don't resolve the case or there's no an agreement or they don't agree to go to RAFT or ERMA funding, then it gets scheduled for a trial. Um Our trials are I believe it's I think it's seven weeks out. So the date of the filing to the first hearing is seven weeks and then it's about four or five weeks to the next hearing. Um and if it goes to trial, the executions are still not issuing for post pandemic related cases.

Pre pandemic cases that where there was a judgment for those executions can issue in some, some have have14368 issued. But overall I think it's been a, what I'm told by the executive branch is that the shelters, the shelter censuses are down. Um uh and14380 so it is uh, so far it hasn't been the, you know, tsunami and crisis that we thought it was. I don't know what's going to happen as of April one. we're stay tuned, we're ready. We're ready to be able to address all of these issues. We've also built up lawyer of the bar has been as they always are in Massachusetts have found them to be a credible between legal services and um the private bar. We have more, we have more lawyers that I have volunteered and then trained to be able to help individuals through this. So I hope that answers your question on the eviction.

WILLIAMS - That does that the uh two14419 more questions. and I'm gonna turn over to uh Chairwoman Gobi. one is I want to first commend the administration, uh judiciary and the executive branch in terms14433 of your recent appointments of judges, women and people of color, which has been very refreshing uh to see that being done. And I know the governor has been very committed and I know that Chief Gants was and Chief Justice Budd is and you as14450 uh justice Green and you too justice. The other point I work in the trial court for 30 years. I know how important it is to have all the courtroom filled with judges. And I know, I think we just got a recent appointment probate and then uh here in Spring Hill District, can you give me a sense of uh the14476 courts and the judges, you know, probate superior and district housing. Are we um full or we have a lot of vacancies?

CAREY - We do have vacancies, but the administration is working as hard as they can. And14492 I know that they are very focused on diversity. We've worked to help uh trying to recruit diverse candidates. Um I think that's one of the issues that we're going to be working with the bar on is trying to really encourage affinity bar members to you know, develop their careers such that they can go on the bench. Um and uh the more we have justices that look like our communities, the better I think people feel about the system. So we are scored in some of our departments. But I think that the governor's office and the JNC aAre working14529 as hard as they can.

WILLIAMS - They are. The governors working extremely hard. And the point and the state Police commander made the point when you hire diversity, people see it, they start responding. So when14541 you put more women in the bench and people of color people say I'm gonna have to have the opportunity. The other point I was making, just in general, the vacancies in the trial courts and all the courts. Where are we with14555 judges? And you know, as I said, I worked at District Court, I know when you when you have, when one judge got to cover three courtrooms because you're down judges, can you speak to that?

CAREY - We've had a lot of we are down judges were done in the district court. Um and I I don't have the14572 tip of my fingers, like it's going to get that for you in terms of the vacancies. I'm happy to do that. But we've had a14581 lot of retirements um in the trial court. Um It's been a difficult year Um and for judges who are maxed on their retirement, they haven't quite hit 70, but they're maxed. I think some of them decided that, you know, I'm tired. It's been a, so we have had more than our share of retirements this year as well. Um Historically we've had that problem in probate and family before the pandemic, but it seems to have happened a little bit in other departments that being said, you know, we've been able to still find some recall judges that are even currently helping us with some of the process cases and those kinds of things. So, um so we're down and, you know, very quickly trying to fill those positions. District Court is down a bit. BMC is just got filled land courts down one, probably in the family, I think it's down to. Um but I can get you those numbers, Rep Williams.

WILLIAMS - Okay, and my last question uh talking about the dispute resolution, what progress has judiciary made in promoting alternative dispute resolution and mediation as a tool for more settlements of differences14661 in a way to reduce case backlog.

CAREY - We have firm proponents of ADR um you've graciously funded us and we we provide ADR it's built into our process, the Housing Court, frankly, it's all all dispute resolution. We have housing specialists, and that's what they do. They do their part of our the core of our our work in14680 the Housing Court and the BMC District Court.14683 We have them do small claims and we have them do summary process. We've got a land court, someone who's being paid, you know, someone on staff to do ADR the same is true in Superior Court.

Um and you're going to hear in a moment from John Bale about online dispute resolution, which is another version of really, it's14706 kind of online where people can resolve their differences online. So we're it's built into our DNA. Um, we like14715 to provide that option for folks. It's especially helpful and, and and not only housing, but probate and family where if you can resolve it short of some sort of contested trial, you know, it bodes better for better relationships going forward, especially if there are children involved

WILLIAMS - And with the uh, the digital divide that exists in underserved14738 and marginalized communities. I know there's a lot of uh internet stuff and virtual and there's a lot of folks within our communities undeserved communities just don't have access to smart phones or two laptops. Can you speak to? I know you're thinking about involving libraries where they could go get online and communicate with the courthouses and other community centers and even having a room in the courthouse and courthouses were photos to go in and will be access just communicate with with the court personnel.

CAREY - That's our current plan is exactly that. We have them in our courts. We have it and I believe five courts right now and another three or four within a very short period of time. And then we're working to expand it. We also need that space in14783 our court to do it. Some of our courthouse is a very small and there's not a lot of space but where we can do it, we plan to do it. And then of course we're hoping soon that yeah, I think things are going to lighten up a little bit and so that you know, we can bring more people into our courthouses.

You know, I look forward to that. I don't think we're gonna have the large volumes of people that we used to have coming in because I think people are going to just do some things going forward. We're lonely. But if anyone doesn't have access to a computer, they're always we will provide access to justice in whatever way we can including in person. Um So but we're working on and we're working with other other folks like Attorney General Healey on trying to roll out options for individuals who have no resources, do not have Wi-Fi and further don't have a computer resources.

WILLIAMS - All right.

SHOW NON-ESSENTIAL DIALOGUE

GOBI - Thank you very, very much. Thank you Chief Justice. And just a just a few questions I know when you were speaking earlier uh about some of the issues with the evictions and the housing and and it seemed in some of your testimony that things seem to be maybe leveling out a little bit. And I don't know only and the only reason I'm asking that is because in the in the budget, of course there is a line item and an increase specifically for housing court. Do you see that that is going to be necessary then or or not?

CAREY - Okay, the the increase was previously, um and then it was recall judges through the end of the year. I think we're still going to be seeing the caseload. The new filings have gone down, but my expectation is that um, once March hits, we don't know what because then uh well, we will start to get that the moratorium will uh be gone and so that we're going to have to start to deal with those cases that have been stayed since the moratorium. So the answer is yes. Um.

GOBI - So when you mentioned about two on the recall judges, do you have something in mind? Like how long you think that those judges will need to be recalled for another to start in that particular expansion module? That that funding is also for sport staff. So I'm just kind of curious because um it I'm not sure if it looks like enough to be honest with you. I'm just kind of curious.

CAREY - Yeah I can't recall. I'm looking at my my phone right now because my my CFO is on the phone and I'm hoping that if he's listening he can text me because he gave us the number. And so I want to find out what time period because I can't recall what time period he used uh to come up with you know that number but14965 you know it may not be enough but you have to we have to understand that we have to work with the DA is also have to have enough staff to and14977 defense lawyers have to have enough staff. It's not solely the trial court.

So we're figuring, you know, that it may be on a certain day that maybe they don't have the staff14986 and so that judge won't work14987 that day or something akin to akin to that, but I can find out if I can't get this from him right now. Um14995 sure that I get it, I absolutely get it for you. Um I am a little worried that it might not be enough because as we, we, you know, we need to staff people to. Um because as I indicated earlier about the remote sites are clerks offices, like the movie theater, uh uh the Springfield area. You know, my my clerk's15021 office has to, you know, put some staff there. So it's it's it's not the inconsequential. Right.

GOBI - Right, So, and then on the, the clinicians, um so will those 10 clinicians be permanently sent to a district quarters? This a rotating15039 basis? How will that work with those clinicians?

CAREY - They'll probably they will probably rotate. The reason why I say probably is because our larger courts generally right now have a clinician, so they have a clinician that's you know, like Springfield has a clinician that is just their shoes in Springfield as an example. But some of the other courts have to share. There may be one clinician now that is covering five courts and they may be covering uh you know, uh Cape Cod and have never, you know, Southeast or planet for Brockton, I think actually brought in the clinician in Brockton and Cape Cod,15079 it's the same. So it's just very very difficult for them to be able to do that.

So, if we could in our larger courts in each of our large reports have one that someone that's there. And in addition, historically we have never provided clinical assistance to our civil courts, not not juvenile court has has has clinicians, but probate and family If a judge has a contestant custody case and it's it's a it's a an emergency hearing. You know, I have someone to have the ability not full time, but on a, you know, at a time, a temporary order hearing to have a parent assessed to ensure that the children are going to be safe. It's just would be huge for them.

GOBI - No, that that that makes sense. And when you had mentioned to about the transitional residential services, and um, I believe you said that there would be an expansion into two other geographical areas. Have those two other geographical areas been identified?

CAREY - For the residential services that they believe it's Middlesex and Worcester. No, it's Essex Yeah.

GOBI - I was hoping it was going to say Wister.

CAREY - Well, we don't know. It's yeah, it's Essex County in Worcester County.

GOBI - Okay.

CAREY - And as well as a smaller scattered site transitional capacity and far Western Mass and other population areas. So it is Worcester and Essex County. And then so we have Southeast while we have Boston, Middlesex and we're going into Western, essex and some resources out in Western Mass.

GOBI - Okay, thank you. And I and I think that's all. I think I do have a couple of questions that again, a little bit more parochial about the East Brookfield court, but that may be more appropriate for Mr. Bale when he testifies.

CAREY - Okay.

GOBI - Thank you.

WILLIAMS - Sorry. Sorry, judge.

CAREY - Yes.

WILLIAMS - Chief Justice. Um could you, I apologize. How effective has especially drug courts been addressing the needs of unique challenges created to drug crimes? Are they available to all who need them?

CAREY - They are they are available to to we we, uh, as we did our strategic plan for drug courts in particular, um, I can say this for drug courts that every single person that needs a drug court has a, has the ability to get to a drug court in Massachusetts. We don't have as many uh, mental health courts, uh, as we do drug courts, uh, and uh, we are veterans treatment courts. Um, we don't, you know, again though, those are limited as well, um, but they are very effective.

And what we've been able to do is in addition to adding on with what national protocols are to15257 run these drug courts, mental health courts and uh, and others is that we seek grant assistance to, um, employees services and wrap around services for folks. So, um, as a result of that,15272 we, um, uh, you know, we've, we've had great success. Uh, it's actually, if you've never been to a drug court graduation, you should go, it's one of the most inspired things you'll ever see with people pulling15286 themselves, you know, by the bootstraps and really, uh, doing a great job.

WILLIAMS - Okay. Thank you.

CAREY - You're welcome.

SHOW NON-ESSENTIAL DIALOGUE

JOHN BALE - MASSACHUSETTS ASSOCIATE COURT ADMINISTRATOR - Good afternoon Representative Williams and uh Senator Gobi and members of the joint ways and means committee. Uh, thank you for the opportunity to provide testimony today regarding the court system and our needs. While I'm new to the role of court administrator, I am no stranger to the trial court or to public service. I served as the Associate court Administrator before my predecessors departure and before that as the director of facilities, I have a deep understanding of the operations and functioning of the court system. Chief justice Budd and chief justice Carey already cover um our budget requests as well as the modules. So I will um yield that time back to you um in a transfer not to repeat the same information.

However, I would like to uh discuss the epidemic and the15379 courts and how we pivoted uh to deal with the pandemic. Um as we all know, the pandemic uprooted and disrupted all aspects of government operations. But15391 I'm proud to report to you that we at the court system grows to meet the challenges presented to us and actually found opportunities in crisis to accelerate progress on some of our long term initiative. During this past year, every employee has demonstrated resiliency and shown how innovative they can be going about and beyond. I am extremely proud15416 of the system we lead when the pandemic shut down much of the commonwealth and it became clear that the health of the state budget will be uncertain.

We immediately form a budget of ice free committee to scrutinize the courts, FY 20 and FY 21 budget, Unidentified potential areas of savings and efficiencies. And we did just that. We put a higher increase in place from July one through October 31, accounting for 116 positions. We implemented a voluntary separation incentive program of which 149 employees took advantage.15456 We also offer a voluntary reduction in hours and voluntary personal leave. And we suspended the use of recall judges from July 1 to September15467 30 and also suspended per team staff for the same time period. These measures generated approximately 17.5 million millions in savings while generating savings. We also incur costs related to the pandemic caught related to enable us uh to be able to do remote work, telecommunication.

PPE and Plexiglas disinfecting facilities over time and offside jerry locations as we have spoken about through our testimony. Uh Second largest um One15503 of our biggest initiative is the I. T. Bond bill. So now I would like to begin by thanking house share representative Day and Representative Harrington for their support on this bill and for agreeing to refile. We followed this session. The IT Bond bill is a priority for us and we will actively advocate and seek your support of it. It is a major initiative to support access to justice. It addresses the needs of the15531 users. The bill also targets three major areas which is the digital courthouse courtroom, secure it infrastructure and operational excellence. Pre pandemic. The goal of the bill was to create a more transparent, user friendly core system.

However, the pandemic has helped us accelerate on several innovative solutions to ensure we continue providing access to justice even if active had to be virtual. The Bond bill will enable us to give core users the seamless continuous experience to approach their legal means even before coming to court if at all. Besides modernizing our system, the Bond bill addresses specific for users need such as information language access, easy to use and easy to navigate navigate court system including online dispute resolution. The bill also calls for15590 the replacement of our case management system as well as several improvement or infrastructure to ensure we can support initiatives called for within the bill, um diversity equity and inclusion as the chief spoke about earlier. Um we're working on initiatives to make the court system fair and equitable.

I have read the SJP lawyer wellness being committed report summarizing definitive our town hall meeting. I know the challenges we must overcome to overcome sustain systemic racism. This is a personal issue for me. I came to the United States from the Dominican Republic over 30 years ago with my family. I do not speak English and I experienced bias and discrimination as I navigated a system, I know what it feels like to be marginalized. 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 core users about our about their experience within our system.

We have created the Office of workplace rights and compliance to enforce our new harassment and discrimination policy, which applies to all core stuff as well as users and outside entities working within our courthouses. We have published our fourth diversity equity and inclusion report to show transparency of how our system looks. Human resources. What working with the Office of workplace rights and compliance has created a diversity with good recruitment plan. All of our jobs posting automatically posted 20 affinity website. We're becoming a more inclusive,15707 diverse and supported organization so that we can better address the needs of colleagues and the public we serve. We look forward to meeting with all of you so that we can tell you more about our efforts and update you on our successes. Thank you again for your time and your attention and I'm happy to answer any questions you might have.

WILLIAMS - That is thank you God I don't have any questions. Uh I've talked to you previously, so I'm gonna have to submit that testimony.

SHOW NON-ESSENTIAL DIALOGUE

GOBI - Thank you very much for your testimony, both oral and written. It is appreciated. Um and I apologize if this isn't something you can answer today. Mr. Bale, that that's fine. Um I'm trying to get kind of the status15755 of any of the other courthouses uh specifically district Courthouse is that uh may need to be closed for any um improvements to them. And do you have that complete list available to us?

BALE - Excuse me, I couldn't definitely make that list available to you. Um I think that right now the only one that falls under that category is Brookville District Court.

GOBI - And um at this point um so I didn't I didn't think that the designs that everything was completed on that. Do you happen to know the schedule on that as of now?

BALE - Yep. So far Uh far as I understand DECAMM is ready to go out to bid um uh these Spring we hope to award a contract15814 in late two or late summer early fall15817 and then begin the construction shortly thereafter.

GOBI - Okay and I I can have a conversation with you about that offline with some of the concerns that I have as well but I I certainly appreciate that and um and I appreciate your information as well on the IT Bond bill and I will make sure that Representatives Day and Harrington will be very happy that you gave them a little shout out for their work on that too. So thank you.

BALE - Thank you.

WILLIAMS - Thank you.

CAREY - Thank you so much.

SHOW NON-ESSENTIAL DIALOGUE

ANTHONY BENEDETTI - CPCS - Well, good afternoon, uh Senator Gobi Chairman Williams, thank you for the opportunity to appear before you in the entire ways and means committee. Thank you to the entire committee who obviously I cannot see, but I know you're out there, you've had a long day. Um I appreciate the opportunity to talk about the CPCS fiscal year 2021 budget. I come today before you at a very pivotal time in history, a time when issues surrounding racial inequity and social injustice have commanded the attention and awareness both globally here um globally and here in Massachusetts. It's a spotlight that has illuminated um upon has been illuminated upon the disparity of treatment and outcomes which are largely predicated on race and poverty.

These issues have dominated and elevated the national consciousness and it's something that CPCS is very much aware of engaged in the fight against, in the hope that we can achieve some lasting meaningful change. Being a public defender is never an easy job. And when I say the word public defender, I mean, our staff, uh, the private bar, everyone who was part of the team15976 that works to fight for our clients. Um, it has been especially challenging during this time of COVID most, uh, many of our clients, all of our clients are in urgent. Many of black and brown and many have lived in communities that are historically have historically been marginalized. Most, as you know, have been disproportionately affected by the pandemic and throughout the last year, uh, hundreds, 2800 actually, private attorneys.

Who do this work along with more than 400 attorneys and all of our professionals on staff have been doing everything to fight for their clients to ensure they get the same access to justice that wealthy people do. And I can tell you that the justice, the due process that they are entitled to and that they deserve. Um, it has not been what it should be over the last year. For obvious reasons. The only way though, that we have been able to do this work throughout16037 the pandemic is thanks to the support of this committee and the entire Legislature, who for years has consistently supported our mission on behalf of our, our clients. And so I want to make sure I extend my thanks to to all of you. So six. So as I mentioned, I'm going to talk a little bit16058 about COVID and some of the challenges that we've had. And then I16063 want to talk about what we anticipate.

Moving forward and post COVID and then get to the budget crisis um of the budget proposal. Um and thinking back over the last year. Uh it's very easy to be pessimistic, feeling overwhelmed, but I actually feel hopeful moving forward because of the efforts of the public defenders who have risen to the occasion, fought back against incredible odds and have really breathed life into the constitutional mandate here in Massachusetts. I could name a number of attorneys, but certainly a couple that I want to mention. I think of Rebecca Jacob Steen, who is the head of our strategic litigation unit, standing in her home, arguing before the Supreme Judicial Court that there needed to, the court needed to take action and release as many individuals who were locked up as possible in order to save lives.

Since that day back in late March of last year, more than 5000 individuals have been released. Certainly not as many as we would have liked. But that case has made a difference. Uh I think about how we were forced to leave our office is like so many of us across the Commonwealth, our attorneys setting up practices in their homes, all of our professionals working from homes. Two attorneys in particular who were interviewed by mass live Kate Malone and Jessica McArdle, who lived together creating a makeshift law office in their dining room. When asked by the reporter about the stress of practicing in that manner. The16163 first comment they16164 made was about their client. They're talking about how their client was falling through the cracks.

Every day, they were filing motions, they're making phone calls, doing everything they can to try and help their clients and feeling, in many respects, very helpless. It's stories like that from the, from the staff from the private bar, um, trying to learn about their clients’ stories while not able to meet them face to face, but they've made adjustments. Uh, and across the state, they are doing everything they can or they have done everything they can uh, to represent people who too often faced with government intervention in a system where the odds are stacked against them. We have attorneys and our children and Family Law unit who have continued to advocate that families have every opportunity to get together when they have been separated. We have been litigating to ensure that families have face time.

Parents have face time with their children as opposed to simply connecting via zoom. Um, they have been advocating use of um through remote zoom hearings. Uh and these are hearings that have potentially devastating and life altering consequences. Uh and as Chief Justice Carey mentioned, so many of our clients do not have the technology or the appropriate internet connection to be able to truly connect with their attorneys or to connect with the the court or the services that they need. Our mental health division. The challenges have been significant for the attorney specifically who do guardianship work. The issues of life and death have been very intense. They've had to respond to petition for clients with both disabilities and COVID, who are facing end of life issues in our youth advocacy department.

That has been working with the Department of Youth Services to ensure that as many juveniles as possible are released from custody and sent back to be with their families during this pandemic. And without a doubt, their efforts have led16294 to many families being kept together and safe during this challenging time. Uh and so everyone on the CPCS16301 team, including our operations, who have made sure that the trains continue to run and that everyone has the tools to work remotely, that staff and vendors continue to be paid um are human resources staff that have had to deal with these unique um issues that staff are dealing with as a result of COVID, everyone has really stepped up. And so in terms of what we see as lying ahead, we have great concern about what is going to happen with the backlog.

You've heard from the court. You've heard from the District Attorney's where we expect that there will be challenges and all of our practice areas once the court start16344 to fully open up, For example, there are approximately 3500 trials per year. Um, there have been few to very few trial attorneys over the trial trials held over the last year. And so once the courts open up, it's gonna be a real challenge trying to deal with that backlog and address16365 the new cases that continue to come into the system. And as you know, the backlog is more than just a bunch of numbers. Each case represents a client and individual whose life remains on hold. Um, we have people who are scared and have been held behind bars waiting for trials for months. We have families who are torn apart, waiting to see if they can be reunified.

We have16394 attorney setting up dates future dates hoping that something happens with their case. Uh, there's been a real challenge that our staff have and not being able to inform clients what the future holds because as all of, you know, we haven't known what the future is going to hold. And16410 so we have real concern that a system that's16414 already under stress is going to be completely overloaded. And we have been having conversations with the trial court. We want to discuss strategies to be able to deal with this backlog. For example, one of the ideas that we have and that others have, and it has been filed as a piece of legislation is the return of trial de novo. Um, that would allow individuals in certain cases in district court where there isn't a victim involved, um, to go before a judge, see what can happen with a judge, see if the case can16452 be resolved.

And then if it doesn't end to this satisfaction, then they have this shot to go before a jury. And that's something that was done um, pre the mid-nineties. Um, and it really helped cases to move. And so that's just one idea we have that the system could use to really help to tackle all of these cases that have been in limbo. Um, and the legislation I believe that has been filed would only implement this for a short period of time just till the backlog16486 has dealt with. So that's something that we're going to be keeping our eye on as things move forward. Um, in terms of where we are as an agency, as I know both of, you know, and if not all of the members of the ways and means committee, certainly, most, we have been staring down a crisis with the private bar, the private bar who handles 80% of our cases. Um, they are aging.

Every year we lose more attorneys who used to take our case cases. We see institutional knowledge and expertise walk out the door. But at the same time,16527 we have not been able to recruit the same number of attorneys who are leaving um for people to come into the program. It has been very difficult to backfill some of those people leaving the panels, especially in certain practice areas and especially in certain parts of the state. Um That affects also the diversity of our panels. Uh, and so all of these problems eventually trickle down to our clients where they aren't assigned an attorney in a timely manner. And that as you know, has been the case for the last few years in certain areas where clients have had to wait to be assigned an attorney where they sit in jail, waiting to be assigned an attorney, especially in care and protection cases in Western Mass, where we've had a real struggle getting attorneys.

And what that means is children who have been removed from the home, sitting in foster care. Um, and everyone else16584 involved in the case having to wait until attorneys are assigned. And in some cases it's been days before attorneys have been assigned and you have been helpful in helping us to tackle that over the last few years. Um, one of the big issues has been the annual billing cap. The number of16605 hours that an attorney can bill uh in a year. It um, it has been limited and the Legislature um, last year16615 gave us um in our statute the ability to waive that cap and to raise the annual billing amount to 2000 hours. And that really has given us a bit more flexibility. You essentially have allowed attorneys16628 who want to do this work um, to take the cases and we really appreciate your willingness to make what we have seen as a necessary change. The biggest struggle that we have is the hourly rates.

Uh, they for the most part have not been raised in a meaningful way for years. Uh, they were modestly raised in the fiscal year 2016 general appropriations Act, um, but essentially they have not kept pace with inflation since 2005. So in real $2,021 in some respects, the rates have actually decreased. Uh, they certainly have not increased in a way to change attorney behavior. Incentivized enough attorneys to join the panels, motivate attorneys who are16678 already on the panel to take more cases so that all of our clients get timely representation. Um on the other side is our staff, which has seen a meaningful pay adjustment thanks to this Legislature. Thanks to Speaker, a former Speaker, DeLeo and Senate President Spilka, That has been a huge game changer. Uh, you heard District Attorney O'Keefe talk about the effect that the increase has had on his office in the office of other district attorney's.

Uh, it has affected our ability16717 to recruit. It has helped our ability to recruit a more diverse staff, although we certainly have a long way to go. Um, it has helped us to retain attorneys, um, for the first time ever. The main reason that people leave to go to another job is not pay. Uh, it has not, it doesn't have anything to do with salary. It's other reasons. And so, um, it really has made a huge difference when we go to recruiting fairs. Um, people are16747 paying attention to us. We're not losing people to the executive branch. We're not losing people to other top public defender agencies across the country. Uh, we are now an attractive destination for a large, diverse, talented pool of law grads as well as people who are looking at switching careers and thinking about joining us. And so CPCS and our clients have all of you to thank for that.

It is the private bar that remains the elephant in the room. Um, we're seeing16784 issues in every practice area. The challenges that we face vary depending upon the geographic area. Another change that you, You, you made that allowed us to tackle one of the problems was we are now paying care and protection lawyers in the Western part of the state, $75 an hour. Uh, and that, that has been something we've been able to do over the last two or three years. It has helped to remove the backlog, I can tell you this year. Um, it has not completely solved the problem. It's still taking a bit of time to find enough attorneys even at that high hourly rate. And so what we've had to do is we've had to get attorneys from outside the county to come in and help us handle the case load. Um, and so I certainly don't want to thank you for that ability to pay that increased rate.

Because without a doubt it has helped. We have taken steps that we are able to, with the resources we have, um, to live up to our constitutional duty. For example, in Hampden County, on the criminal side, we weren't getting attorneys who wanted to sit in district court and do duty days and accept assignments. And so what we had to do to entice them to do that and to take cases was to pay them a duty day payment. And essentially what we're doing16868 is we're paying them a certain number of hours to sit in16873 court all day and take the the assignments to represent clients. And that really made a difference. But it shows you that if you pay them compensation that they feel it is worth their while, in other words, that they can't make money in some other16890 part of their law practice, they are willing uh and want to do uh willing and available to do this work.

And so what we are proposing this year is in previous years, we've asked for targeted hourly rate increases for the private bar. In other years, we've asked for16910 a much larger amount in terms of the way our committee approached it in the way the way senior staff approached it, we have had to go back to you the last few years and ask for assistance to help us to deal with emergencies. And so the committee16929 always takes into consideration all of the factors, whether it's political, whether it's economic uh in thinking about what they should request from the Legislature. And we16937 came to the realization that on top of are always asking you over the last few years for help in dealing with an emergency. Um in terms of thinking about what this program needs to stabilize in the future.

It did not feel right to ask for something that we didn't think would solve the problem coming to you and asking you for ex you provide us with X. And then it doesn't fix the problem. We look we look ridiculous and you16965 certainly wouldn't be happy that there's still a problem that has not been solved. And so that's that's a long way of saying are asked this year, um, is extensive. Um, you have my written testimony, you have the power point and so, um, hopefully you've had a chance to look at what the proposal asks for and what it does is it asks for rates across the board that would be implemented over a three year period with the biggest increase going into the first year. And the reason for that is because we've got to send a message to the private bar that their work is being recognized.And the importance of what they do is seen as necessary and an acknowledgement that they, that we need to get the rates up.

But again, not just for the attorneys, but for the clients who depend upon these private attorneys, the full cost of the proposal is $47 million. Let me give you a little bit more context in terms of the rates that we're proposing, what we did is we looked at inflation, we looked at inflation a number of different ways. We looked back at a legislative commission that existed in the early 2000s that recommended that the rates be raised. We looked at their recommendation and looked at what those rates would be with inflation. We17054 looked at federal rates and in other words, what public defenders in the federal system, what they are paid. Uh, and we looked at some of the other states that are comparable to Massachusetts, uh and so that that gives you some sense of where17069 these rates came from.

They also came in part from the testimony that we heard, um, or the feedback that we get from the private attorneys who do this work. And so we, um, we make this proposal in the, in the hope that it would allow us to recruit private attorneys. Attorneys who are coming out of law school who right now, with the cost of building a law practice, opening up a business paying back school loans, just don't see this as a viable career option. Uh, we also hope that it will incentivize people who already17110 do this work to some extent, to do a lot more of it. Um, one example would, would be on the criminal side where we have a number of attorneys who do district court work. They are qualified and eligible to do more serious cases in the Superior Court, but they don't want to because the hourly rate isn't enough to justify taking those extremely challenging cases.

Uh, they're harder to schedule. In other words, you only have so many cases that you can go into in Superior Court and get work done, whereas in District Court, you can go in with a number of cases and accomplish a lot for the clients you're representing. Um, and so that's what I mean. When I say, we also look to it17150 as a way to incentivize17153 people who are already doing the17155 work Right now. The average attorney on our panel out of the 2800 who build Builds a little over 900 hours a year. So the vast majority do not do this work full time. Um we would like to get more people who want to do more of this work. As long as they are doing a great job for our clients, and as long as they are billing appropriately. Um then we want to see them more active doing this, this critical work, especially when so many of them really want to do this work.

And so that that gives you some sense of the challenges that we're dealing with on the17194 private side. Um I want to end my remarks by saying that Massachusetts has an incredible indigent defense program. Uh and we have you to thank for that. We are continually. Um, Mhm, we we we you have responded when we have made a request for the amount of funding that we need. Um as an example up in Maine, there has been an ongoing conversation about their program. They are the only state in the nation that does not have a statewide public defender program. And there have been a series of articles critical of the way they do business. And specifically. Uh the articles have focused on the private attorneys up there who have been building inappropriately, uh and attorneys who aren't qualified to represent certain types of clients and certain types of cases um, they're appointed.

And in the article, it talks about how Massachusetts their neighbor to the south, is doing all of those things right. Uh, and they specifically referred to how we have standards, which we hold our private attorneys to. Um, and that we have an audit oversight unit where we make sure that our attorneys are billing appropriately and we reach out to them when they, when we think they're not. And so, um, I just end with that because I think I know that the Committee for Public Counsel services is a model program. It's something we should all be proud of. And the only thing that really needs to17288 be tackled is this private bar hourly rates so that we can stabilize the private side and continue to have healthy number of talented, diverse attorneys who are willing to take these cases. So that's17301 a lot to throw at you. But I will stop there and I'm happy to answer any questions that you have.

WILLIAMS - No just uh, thank you. Gonna feed that said my son, thank you for your hard work. Uh, as a former probation officer, 30 years. I understand PCP we call it public defenders back in the day. But thank you for what you're doing. Uh, we have your testimony and uh, I don't have any questions. You articulated exactly what, what need to be articulated and that s duly noted.

SHOW NON-ESSENTIAL DIALOGUE

BENEDETTI - Thank you rep.

GOBI - Yes, thank you. And I17345 appreciate that. You did answer a lot of the questions in your testimony and both oral17350 and written. I didn't have a couple of questions that came in from Senator Boncore that he did ask me to pass on. Um, and some of it I think you, you, you hit upon anyway, you know, talking about kind of the shortage of lawyers, it does seem like everything does come back to the financial piece of it. Although you did mention in patio testimony that because the rates have been going up somewhat, that that wasn't the only reason that people were leaving. I'm just, can you expand on17379 that a little bit? What have you? I don't know if you do accept kind of interviews when people say, what else do they tell you is the reason that they've had it. They're not doing this type of work anymore.17394

BENEDETTI - Thank you, Senator. We, well, well I would be lying if I didn't say the number one reason was the, was the salary of the hourly rate. Our panels have been getting thinner for years because of the rate. It certainly has been exacerbated by the pandemic and retiring baby boomers. People who have been doing this work for years. We're at a point now where in certain practices in certain counties, you lose one or two attorneys and the whole the whole system kind of grinds to a halt while we figure out who we can get to cover those cases that are left over. One example when DA Harrington was elected, she hired a couple of people off of our panel and there were dozens and dozens of cases that we had to reassign. You know, not the kind of problem you're gonna have in Suffolk County obviously, but in Western Mass, we are starting with a much smaller base. Um you can run into real problems. Um It is increasingly harder for attorneys to do this work.

Um It's harder for new attorneys to join the panel.17463 Most of the people who have been around, although they certainly deserve higher hourly rates as well. Um They have long since paid off their student loans. They have long since uh you know, paid off their mortgage and they're at a stage in life where things are different than someone coming right out of law school. I know all17481 of, you know about the kind of debt people are carrying coming out of law school and when you run the numbers, uh it just does not make17490 sense as a career option. Um The other thing is this is extremely challenging work. I think you would find from, uh I think you would find you would hear from every stakeholder whether it be the District attorney's or DCF or or whomever, um or the people who practice in, in the mental health area. Um The17511 work is much harder than it17512 used to be.

Um and and so on top of that, you really need to want to do it um and you certainly need to be able to make a living at it. And so when you consider all those17525 factors on top of17527 how difficult the work is, um a lot of times people are not going to make um you know, make the decision to do this work. Um I would also say that there are certain places um around the state where it is extremely challenging to practice. Um And what I mean by that is uh facilities which are extremely old. Um For instance, Springfield is a place where people have a very challenging time um for the most part because it's a very old building. Um And on top of the difficulty of the cases, when you're in a place where the surroundings are challenging, you decide I want to go do something else in another location where where it's just easier to practice, especially when I'm not getting paid,17582 when I think I deserve. So I don't know if that answers your question.

GOBI - Now that that was i that that was very helpful. And again these questions that Senator Boncore didn't want me to put to. Um One of them, he spoke about the enabling statute for you to have hearings um to be held on17602 compensation. Now, is that what you have done for the results of what's in this, you've written testimony? Was there an actual commission, something that was set up? How did this come about?

BENEDETTI - Yes, Senator And I should have been answering your other question, your previous question. Um We actually have also surveyed the private bar. Uh and we surveyed, asking them if you're not on the panel, why not? Why did you leave the panel? And if you're on the panel and you're only taking so many cases um why aren't you taking more? Uh And17634 and that's pretty much what we got back is certainly the hourly rate the challenge of the practice, how much harder it is now than it used to be. Um If you had a chance to take a look at the SJC report on well being, there is so much in there about how attorneys are17655 unhappy for a whole host of reasons. And that's certainly um that's certainly an area that our panel attorneys as well as our staff attorneys are familiar with.

And so you add all of those things17666 up and and when you look at the pay which has not moved and and quite frankly there hasn't been any sign of hope. You tend to lose people and it's hard17679 to recruit people in terms of the compensation hearings are statute requires us to hold these hearings every three years. And so our committee did that this year remotely, of course, Which turned out to be, in my opinion, um, a better exercise than when they were held in person because you have 15 committee members who for the most part of from eastern Massachusetts. And so, uh, you would only have a few committee members appearing at each hearing. And then it's hard17708 for attorneys to get there after a long day in the courtroom or wherever it is that they're doing their work because it was remote.

We had so many more committee members and we had so many more attorneys who appeared from across the state, every practice area to testify. Um, so I won't repeat what I've already said17727 because that a lot of that was what they said, but was striking what was striking this time. And it was striking not just to, uh, the committee members, but it was also striking to me and other members of my team, Lisa Hewitt, our general counsel, who I know all of you are most certainly most of you are familiar with, uh, and all of our senior team. Um, usually it's the attorneys who've been around a while, the older attorneys who appear at those hearings, uh, and talk about the need, the critical need for an increase this time. Uh, that was balanced with younger attorneys who had not been members of the panel that long. Uh, and they were saying, we don't know how much longer we can do this work.

Um, and so that was, that was striking and it was troubling. Um, and we just ran, I should say lisa Hewitt. Um, and17787 her team took a look at some billing data last year, and what she discovered was that of the people who build in our case is 40% have been members of the bar for 25 years or more. And the number of people who had been relatively newer members of the bar, it was single digits. Now that is only looking at one year and we want to dig down in the process of digging down more into looking at that, but that does support our anecdotal evidence that it's much older, um, people who have been around a long time who are carrying much of the load. And unless we figure out a way and we think we have the way it's the hourly rate increase to get more newer, younger attorneys to participate in this program. Um, we're going to have a serious problem.

GOBI - Thank you. And just a last question, Mr. Chair, um, what has the CPCS done to promote equity and racial justice17848 in the courts being a frontal front line kind of stakeholders that you are and if you could comment to that, what you may have done either internally externally. Thank you

BENEDETTI - Uh, certainly that I could be here all day talking about that issue. Obviously it is on everyone's mind. Uh, it has been on our mind for a number of years. Uh, certainly going back to 2017, we did some strategic planning and one of the priorities that came out of strategic planning was tackling or certainly doing a lot more to tackle these issues, both internally and externally. The first thing I would say, the biggest issue I would raise with you that we that came out of that is the creation and hiring of an equity and inclusion director, John Lozada who has many years experience um tackling these issues. Um, and so with his leadership, um, he has, uh, we're doing a lot more. He has put together a working group made up of members of the staff to look at these issues through a number of different lenses.

For example, recruitment, retention, um, tackling issues in our offices to make sure that they are safe, welcoming places for everybody. Um, one piece of that is, um, there are a lot of conversations going on in offices. People want to talk about these issues. They're not easy conversations and he's helping uh, to guide those, um, and to provide instruction and assistance around those conversations. Um, we are looking or we've already done a lot of training and we are going to do a lot more training, not just of the staff but myself and the CPCS leadership around issues of bias and issues of anti racism. Um, in terms of externally, we are looking at everything, everything through a lens of racial and ethnic disparities.

17977 Whether it be individual cases or whether it be systemic issues and were appropriate bringing litigation to highlight those and to try and bring about change. Um in terms of working with the court and I guess I'd say more broader than the court, all the stakeholder, um, all the stakeholder agencies that we engage with. Um and john17998 again, our equity inclusion director is taking the lead on this. Um, looking to engage in discussions on how we can do better and they can do better in the work that we do um in the courtroom and elsewhere. Um, looking for ways to address problems, microaggressions that our clients experience or that our attorneys in our social workers and our staff experience when they go into court. How do we, how do we deal with those.

So18031 that um, it's brought to someone's attention and we all ensure that it doesn't happen again. Um Finally, I mentioned training, but we have hired a training director whose sole purpose is to train our staff in the private bar on these issues. So that that's a, that's just a nutshell on on what we are doing. I'm sure I have forgotten plenty. And I imagine I'll have staff say, how could you not tell them about all this other stuff we're doing? But hopefully that gives you a piece of, of what we're talking about. Obviously, the court has acknowledged that there are issues. The recent report that was commissioned by the late Chief Justice. We're looking at that and in making a determination. How do we use that18076 report to help to push for progress in the courtroom. So I'm confident that change is going to happen. It's just a matter of how quickly.

GOBI - Thank you. And again, thank you and18093 all those that provide such necessary services to people. Thank you very much.

BENEDETTI - Thank you senator.

WILLIAMS - Thank you Sir. Thank you very much.

BENEDETTI - Thank you very much.

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LYNNE PARKER - MASSACHUSETTS LEGAL ASSISTANCE CORPORATION - So, good afternoon. My name is Lynne Parker. I'm the executive Director of Massachusetts Legal Assistance Corporation. I want to thank you. Representative Williams and Senator Gobi for chairing this hearing today and two members of the18125 Joint Ways and means committee who are here today with us. Thank you so much for this opportunity to talk about the importance of funding for Civil Legal Aid and for MLAC to talk about MLAC’s, FY 22 budget request. And of course, thank18143 you to the Legislature for your consistent and long standing support of Civil Legal Aid. We appreciate it so very much.

The Massachusetts Legal assistance corporation, or MLAC was established by the Legislature to ensure that low income people with critical non criminal legal needs would have access to quality legal information, advice and representation. MLAC is the largest funding source in the commonwealth for civil legal aid organizations that provide this vital service. Civil Legal Aid is one of the most important resources. Massachusetts has to protect low income people and promote justice. People with an income at or below 125 of the federal poverty level are eligible for civil legal aid. In FY21. That means an income at or below $33,125 per year for a family of four. As you all know, this past year has been, it's clearly been a year like no other. We know that low income people have been disproportionately affected by the pandemic.

And18208 needs civil legal assistance now, more than ever to resolve a variety of urgent legal needs despite signs of optimism ahead. And even with the increased availability of vaccines in the future18218 for all of us. As we look to FY18222 22 remaining increasingly concerned that the numbers of those who qualify for civil legal aid and those seeking services will continue to rise as a result of the pandemic, the impact of the pandemic on those most vulnerable among us will undoubtedly be significant and long term it's for that reason that this year MLAC requests 35 million for civil legal aid. In the FY 22 budget, A $6 million increase over FY21 funding. The18251 COVID-19 crisis has had an enormous effect on the lives and livelihood, vulnerable residents.

Who are in dire need of legal representation to protect their most basic needs, their homes, their health, their safety and their security. Legal aid organizations that receive funding from MLAC provide18272 expert help to people facing a wide range of serious legal problems. Workers struggling to receive unemployment benefits, families trying to remain in their homes, survivors of domestic violence seeking safety, students with disabilities, exercising their rights to equal education despite school closures, People facing discrimination or denial of benefits due to mental health or physical disability and older adults facing abuse, exploitation or dangerous living conditions. One thing that's become ever more clear over the past year is that civil legal aid is an essential service.

18306 Legal aid workers are essential. And the network of legal aid programs across the state is a critical part of the commonwealth Social safety net. And response to the COVID 19 crisis, representing low income people in need has become significantly more challenging and time consuming in a remote environment and due to the impact that the pandemic is having on people's anxiety and mental health. Unfortunately, legal aid cases often can take as much18334 as three times longer now than before. The pandemic and are often much more complex. People with mental health challenges and mental illness are being profoundly impacted by the pandemic and their cases have become much more complicated.

As a result, tightened anxiety, stress and trauma are leading some clients to call their attorneys many many times a day because they are so worried about their situation. They can't manage their anxiety and they're looking18362 to their attorneys for support and reassurance. Legal aid advocates helped to reduce anxiety and stress by explaining a client's case and sharing knowledge of the process. Serious depression and paralysis is causing some people to delay18374 reaching out for legal assistance until their problem is really urgent or only after they've been defaulted or have been denied benefits they are entitled to and then legally has to undo what has already happened, which takes far longer and often leads to a less successful result.

Many legal aid clients who have lost their sources of income can no18397 longer pay phone bills. They don't have internet or computers and it makes it nearly impossible to seek assistance or to18408 communicate with their attorneys. Some people with internet access or computers lack computer literacy and simply don't know how to access zoom for meetings and hearings. These challenges are exacerbating exacerbated when clients are limited or non-English18420 proficient or have disabilities complicate communications and remote environment. It's difficult to gauge the full impact that lack of access to our understanding technology has had and will continue to have on low income people as we've turned to remote work environment over the past year.

Low income people without assistance from legal aid are often confused about court processes. They don't understand instructions for accessing court hearings and don't know how to submit18447 evidence electronically to support their cases. Legal aid programs are working hard to try to address a lot of these issues. They're creating safe environments in their offices with socially distant protections and Plexiglas barriers where they can meet with clients and conduct zoom hearings with them, advocates are meeting with clients and parking lots there, signing papers on tops of cars and they're finding other unique and creative ways to meet with clients safely, which takes far more time than it did during pre pandemic times.

In one case recently, it took a legal aid advocate nearly an entire day to assist her client with an emergency rental assistance application needed to preserve a tendency18485 because the client was hospitalized and had no18488 access to the Internet. In another case, a legal aid attorney working with the mother to advance the education needs of her child received a call from the mother who had COVID-19 and was worried she was going to die. She desperately wanted to share18507 instructions about her child's education for the attorney remained particularly concerned about significant disparate impact that consequence uh that COVID 19 has had and continues to have on communities of color and the consequential impact on their health conditions, their access to quality healthcare and their ability to remain in stable housing.

Additionally, vulnerable groups such as veterans, people with disabilities, prisoners and victims of crime continue to need legal assistance from legal aid defending their rights and receiving access to services. In FY 21 we're seeing increases in domestic violence cases, employment and housing discrimination cases, education, mental health and disability rights cases, and a continued rise in unemployment compensation cases. And we expect those increases to continue despite protections afforded by new legislation and funding for the COVID eviction Legal Health Project, which18563 is part of the administration's Eviction divergent initiative and funded by Federal Cares Act Funding, Housing insecurity remains a pressing issue for many low income people in the commonwealth, Housing cases still represent roughly a third of all legal aid cases.

Which illustrates the importance of stable housing and combating poverty and the high cost of housing. In FY 20 which included the first four months of the pandemic MLACfunded legal aid organizations handled approximately 41,000, 600 cases. This benefited more than 95,000 people and 96% of towns across the state had at least one resident who received legal aid. MLAC distributes funding to 16 regional and statewide civil legal aid organizations across the Commonwealth. These organizations collaborate together and they gain from each other's expertise to try 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. In addition, legal aid partners, Legal aid programs, partner with private pro bono attorneys and they augment the work of civil legal aid and expand their capacity.

In FY 20 over 2300 pro bono attorneys collectively provided over 69,000 hours of pro bono work. The value of these volunteer services was essential. The services. The value of the services was more than $15.5 million. Legal aid organizations are essential and coordinating these pro bono efforts and prioritizing cases. Last year, legal aid itself provided $115 million Commonwealth and its residents. That included over $99 million 15 million in savings and reimbursements to the Commonwealth. Investing in legal aid is clearly a smart investment. By protecting the rights of low income residents and addressing issues before they become more complex. Legal aid saves money for low income people and for the state.

While we are heartened and grateful for the increases in funding for civil legal aid over the past several years, our primary challenging a primary challenge facing legal aid organizations is a lack of capacity to serve everyone who qualifies for and needs legal help. $6 million 35 million in FY 22 would make a significant difference. The increase would allow legal aid organizations to better serve more low income residents who continue to suffer significantly due to the pandemic. The increase in funding would allow legal aid program to expand their capacity to advocate for and represent those most severely impacted by the pandemic. It18731 would enable legal aid organizations to assist people with disabilities who struggle to obtain disability benefits without legal representation.

It would allow legal aid programs to expand their racial justice advocacy. It would assist legal aid organizations to help to reduce the impact of projected reductions. In FY 22 funding from some significant funding sources, such as the Interest on Lawyers' Trust Accounts or IOLTA funding and victims of crime back funding, which provides support and representation for victims and survivors of crime. Both of these sources of income are projected to be approximately $50 million less in funding for FY 22 combined. The increase in funding would enable legal aid programs to leverage the additional funding to garner additional funding from private sources, which often require match funding. It would enable programs to further engage in upstream measures.

Which prevent the need for low income individuals to have to go to court. And it would retain temporary attorneys and paralegals hired sometimes through time, limited grants and other expiring sources of funds. The funding would help to modestly increase staff salaries18805 required for attention and to keep pace with cost of living increases. It would support costs of impact litigation and policy advocacy so that more people can benefit from a single case or changes in legislation. And it would help to continue to make much needed improvements to technology systems and work to develop creative interactive solutions to improve access for clients and to better facilitate remote access for attorneys and clients.

Finding proceeding legally it is clearly vital to our state and our local communities and it's more important now than ever as a pandemic continues. The Legislature's continued support is crucial to ensuring that low income residents across the commonwealth have meaningful access to justice. Before I conclude, I really want to thank the legal aid staff across the commonwealth who have worked vigorously tirelessly and relentlessly over the past year to advance and protect the legal rights of low income and vulnerable people. So thank you again for this opportunity to thank you for your leadership and for your many efforts during the past year under what has been very difficult and challenging conditions. And thank18857 you again for your support of Civil Legal Aid. Happy to take questions.

WILLIAMS - Yeah, just well, you your presentation was really fantastic and you have a couple of questions but you covered on the one question with that the request issues, it was $6 million $6 million dollars in funding. You covered that staffing and then technology and uh all the other goals that you have. The only other question I had was in terms of locations and sites, you said you had 16 across the state. Do you will still operate in courthouses to uh you have staff and courthouses at some place? This is another place. You have physical plants?

PARKER - So each of the organizations that we fund have physical locations. Um Many most of them are working remotely or in part remotely. There are some staff who have chosen to um with appropriate precautions and safety measures work out of offices where they can. Part of that is due to the fact that the conditions at home may make it more difficult to work at home. And it's a it's a they may have challenges around internet access um heating people in their households trying to work children, et cetera. But everyone has a physical location right now. Virtually all of the access of legal aid organizations to the courts is through a remote access um with some with some exceptions. And that's particularly I would say in immigration courts because immigration courts have not closed. So they have been ongoing in person, in courts. Um Something the endemic.

WILLIAMS - Well, thank you. Thank you for your work

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GOBI18963 -18963 Thank18963 you. And yes you did answer the questions that I had to in your presentation if I was taking notes while you're18969 was speaking and I'm not sure if you were on earlier when um Chief Justice Budd had given her testimony. But you talked very highly. So that that was nice to see that as well. So uh and and there's no question what you had said. You know, the the isolation that the pandemic has brought onto people. Uh It's isolated them sometimes from legal help, legal assistance but has not isolated them from the exploitation and some other damages that they may have faced. So absolutely critical that you were there and doing the work that you're doing. So. Thank you very much. I really appreciate it.

PARKER - Well, thank you, appreciate your report of the committee and the Legislature. Um I can't say enough about the enormous commitment that legal aid staff have to their clients um often really overextending themselves in incredible ways and they've really stepped forward. So thank you.

GOBI19030 -19030 Thank19030 you.

WILLIAMS - Thank you.19031

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SUNILA THOMAS GEORGE - MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION - Thank you so much.19128 Good afternoon. Senator19130 Gobi. Representative Williams and members of the Joint Committee on Ways and means I'm Suni Thomas George and I serve as a commissioner at the Massachusetts commission against discrimination and I'm privileged to also serve as its chairwoman with me today is our Chief of Operations and Finance at the MCAD. Michael Memmolo. Thank you for giving me this opportunity to testify here today. I've submitted written testimony in support of the MCAD’s fiscal year 2000 and 22 budget request. And I would encourage you to read the entirety of the letter submitted to you this morning because in the interest of time, I will just highlight some of my written testimony

First. I want to thank you and the rest of the Legislature for your continued support of the MCAD and our mission of eradicating discrimination this past year has been a year like no other to put it mildly a challenging year for all of us, not only for the people of Massachusetts, but especially for those who19188 have lost their jobs, been evicted, been hospitalist. Those who have suffered from systemic racism and discrimination, those who have been subjected to unequal treatment because of their age, their national origin or their disability, and those who continue to be unemployed and displaced in their housing. However, many of these people, our constituents have been able to come to the MCAD. To find resolutions.

Some of these people, by filing a complaint at the MCAD. Have regained their employment and their housing have been prevented from being evicted, have been afforded a reasonable accommodation in their employment and have been given an opportunity to obtain redress19235 through the MCAD’s, investigative, prosecutorial19237 and adjudicatory process is at the MCAD. The MCAD is thankful for the support for our budget through these very difficult times and we know that we have served as a place for all of our constituents to come to and receive our services. This past year, we've created new emergency processes and invested in new tools to address staffs, remote work through the filing of e-complaints and an online scheduling portal. These new resources have allowed all of our constituents, no matter where they reside or work in Massachusetts.

To obtain our services from anywhere as we continue to work for and serve the people of Massachusetts. We will continue with these online services even after this global health crisis is behind us. As you can see from past budgets from the last couple of years, there has been uncertainty with funding from our federal partnerships with the United States Equal Employment Opportunity Commission and the United States Department of Housing and Urban Development in both fiscal year 20 and then again in fiscal year 21. The federal work share agreements for human rights commissions like us across the country were effectively19315 reduced. Despite this setback, r Massachusetts Legislature and our governor restored some of the money back into our state appropriation.

It was a sign of your unwavering support in our role as the state's premier Civil Rights Agency. For fiscal Year 22 the MCAD will see an additional reduction from the EEOC. In its work share agreement of approximately $219,000 from the effects of low production and longer case processing time from working from home during the pandemic and the effect of pandemic has had on our employees, mental health and physical health. In an effort to alleviate some of these budget reductions, the governor has recommended an increase in his house one budget of approximately $120,000. And we are here to ask you to make us whole by increasing the governor's recommendation to our state appropriation by additional $100,000. So that way we can continue to provide the critical services to the people of the Commonwealth.

Including mediation, conciliation, training, outreach and education for all of our constituents, our businesses and our landlords throughout the state. This request for an additional $100,000 over the governor's own house. One recommendation does not take into consideration the possibility of further cuts on our federal contracts with E. EEOC and HUD in the coming months. So lastly, we've heard a lot today from other agencies about racial equity and social justice and frankly, that's the world we live in every day. As Representative Williams stated this morning, justice delayed is justice denied. We know that and that is why we are coming to you. I hope you will strongly consider our requests, especially during a time when people in Massachusetts have suffered so much loss. Thank you so much. And I'd be happy to answer any questions you have.

WILLIAMS - Uh, thank you. Just have just have a couple of questions. Uh, it's 17 Yeah. He, he had indicated difficulty spending funds due to contract and let the issues during the past two fiscal years. And what are the current barriers for their spending in FY 22? Given the barriers how confident is MCAD and the ability to19475 spend their funding for the upcoming year?

GEORGE - I'm sorry represent I didn't exist. I didn't hear the whole question. Could you just repeat it one more time?

WILLIAMS - You said you had difficulty spending funds through the contract and little issues during the past two fiscal years? And do you still have the same current where you have the same current barriers for fiscal FY 22?

GEORGE - Yes, I'm going to actually have our operations and Finance Chief Mike Memmolo answer that question.

MICHAEL MEMMOLO - MCAD - Thank you. Very, very good question.19504 Representative, a lot of that was due to attrition and are sort of inability to backfill a lot of positions um that we've lost over the last two years. Um you know, the sort of uncertainty around our federal contracts in in you know, with the state budget process19526 as well. Um you know, we weren't able to backfill a number of uh positions for quite a period of time which we are actively doing right now. We have approximately 12 positions posted at this time between folks leaving19539 for other agencies. Um The private sector and and retirements. We have quite a bit of retirements over the last few years. Um19549 and we're just catching up on all of those, so based on our current projections of being able to back though those positions alone, um will uh enable us to fully spend the funds that were allotted next year

WILLIAMS - In 22. Okay, thank you.19565 That's the only question I had.

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GOBI - Thank you. Just um just very briefly, another two alluded to the possibility about not19576 knowing what cuts may be on the Fed side. Um Are you getting any word on that? Because I know that such a big portion of your budget comes from the Feds. Um Do you have any idea what's going to happen with this administration for you?

GEORGE - Um We don't right now we think that, well, we know that the last couple of years we've seen cuts across the board, uh, and that's been really difficult for us19607 because a lot of the times the cuts don't happen until mid-year. And we've already, you know, we have salaries to pay. We have we don't have a lot of overhead, but we have four offices that we have to keep going. Um, And and so we don't know. We probably have an inclination that based on the pandemic and the money spent during the pandemic pandemic, that there may be cuts that are given to both the EEOC and the HUD. And those usually get passed down to there's the States. So we believe that might happen.

GOBI - Okay. Thank you. And when you find out though,19645 you like you said, you don't sometimes no till mid year. Okay. All right. Okay. Thank you for that. And thank you again for the work you do.

GEORGE - Okay? Thank you.

WILLIAMS - Thank you for the work you do. Thank you for your testimony. Thank you. Thank you very much.

GEORGE - Okay, thank you both.

WILLIAMS - Thank you.

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STEPHANIE MCCARTHY - MA OFFICE FOR VICTIM ASSISTANCE - Thank you. Chair Williams and chair goby and members of the committee. My name is Stephanie McCarthy and I am the director of policy and legislative Affairs in the Massachusetts office for victim assistance. I thank you for the opportunity to speak before you today regarding MOVA and the victim and witness assistance board's priorities for the fFY22 budget. MOVA is an independent state agency governed by the victim and witness assistance board19716 by statue. Our membership has the attorney general as our chair. We have to District attorney members currently DA Gloomy out of Hampton County and DA Blodgett of Essex County. And to public members, one of which is a survivor of crime.

In our work, we strive to advance victim rights by ensuring that all victims and survivors across the commonwealth are supported and empowered through access to high quality services and that those services are trauma informed, culturally responsive and reflective of diverse communities. We achieved this through survivor informed work, advocacy for enhanced rights and services, partnerships with agencies and individuals and a commitment to providing funding19755 and services for underserved and marginalized communities. The priorities of MOVA and the victim Witness assistance board in FY 22 are largely reflective of a few different factors, one of which which I think is a common theme throughout today is the ongoing work to adapt to the challenges related to the COVID-19 pandemic. But also the implementation of a comprehensive strategic plan.

That we have adopted to guide our work and priorities over the next several years and an anticipated decrease in our federal funding awards. I think it's important to note19791 that our state dollars that are invested in MOVA are partnered with our federal victim of Crime Act funding, which provides for safe and meaningful participation of victims and witnesses throughout the criminal justice system and provides access to over 160 Free direct service programs throughout the Commonwealth and serve approximately 80,000 victims annually. We have to line items that are included in the state budget, first of which is our administrative line. This support is the daily operations and the management of our agency, both in our Boston office in North Hampton. Our operations have continued throughout the COVID-19 pandemic and we have supported victim services remotely through this time.

This administrative flooding is instrumental in providing no cost trainings and outreach opportunities for victim service providers to ensure skilled equitable and quality services for crime victims. As part of an agency wide strategic plan adopted this year, we have committed to lifting up in supporting a high performing and collaborative victim service field which is inclusive of government, community based providers, survivors, criminal justice professionals and other relevant stakeholders. This also includes supporting leadership development efforts across the field and the continued evolution of the field for all the challenges that COVID-19 has presented. Transitioning our training to virtual platforms has actually enabled much greater accessibility and more targeted content for us to provide for our community.

We've not only increased the number of events that we're hosting and the information that we're distributing, but we've also opened the majority of our trainings and events up to the general19894 public and survivor populations, which we were not previously able to do to build upon this work. We are requesting level funding to this line item. It's about $1.3 million governor's H 1 recommendation. The other line item that we are responsible for is the Safe Plan program. This is a civil court advocacy program that serves domestic and sexual violence victims. It's been in place for about 26 years. And currently we have advocates in 53 district and family and probate courts throughout the state. There's been a lot of attention on the impact19930 of COVID-19 on domestic and sexual assault victims. And we know that it's been significant.

While the courts have continued19937 processing restraining orders and are safe plan advocates have provided support remotely. We saw the demand dropped significantly in the last quarter of FY20 and thus far at FY19948 21. The pandemic exposed19949 new and increased challenges to victims seeking these protection orders as housing and shelter availability was lessened. Privacy concerns were heightened and access to basic necessities and healthcare was threatened. We are expecting to see an increase in victims accessing these protective orders in the next year as our19968 state continues to open up and a sense of normalcy will return but we believe that the current challenges will carry over and it solidifies the need for safety and advocates to continue and to navigate and connect survivors to necessary resources. Again, we are requesting respectfully level funding to maintain our advocates in the courthouses.

We do administer federal funding through the victims of crime act area, which partnered with our state dollars, supports critical services and by way of background the fund in which the vocal grants originate is the crime victims fund and that is uh comprised of fines and fees from federal prosecutions from the Department of Justice and not taxpayer dollars Over the last several years, deposits into this fund have sharply declined which impact our annual formula awards. This is not unique to Massachusetts.This is a challenge that every state and territory in the United States is facing. But I wanted to take the opportunity to forecast that for you and emphasized the critical need for state funding and investment to support victims services. As a result of our less federal dollars, we're projecting a significant decrease in grant awards that were able to provide to community and government, government based programs beginning in20047 FY 23.

Well, this obviously does not directly impact our funding requests for FY 22. We have already begun and will continue to have to make increasingly difficult decisions regarding funding priorities in the next year and how we can best utilize our state dollars. You just heard from Lynne Parker MLAC earlier regarding the impact of the vocal reductions on her organization. And we support the need for additional state dollars to support victims of crime and civil legal aid processes as well. And as we navigate those conversations, we hope to partner with the20080 Legislature so that no victim is left without adequate services and support. I thank you for your time this afternoon and for your continued support to victims of crime. And I will be submitting formal testimony to you and the committee members this afternoon. But of course I'm happy to answer any questions that you might have.

WILLIAMS - Uh, thank you for your testimony. A trial court former trial court employee very familiar with it was the victim witness advocacy program and changed its name to assistant. So just appreciate the work you do. It's really, it's uh, it's yeoman work. It's important work because sometimes we forget that victims have rights too. You tend to forget that sometimes the court system. But thank you for your work. I don't really have any questions. I'll just wait for your written testimony.

MCCARTHY - Okay?

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GOBI - No, thank you. Thank you, stef, obviously you're years from working in the legislature. You know how to do these things pretty20142 well. Uh, no, I appreciate all the information that you gave and um, I know how important the safe plan advocates are in um in the Courtney and they just um play such an extremely important role. So thank you for that. And20157 thank you for your advocacy. And I'll wait for your written comments as well. Thank you.

MCCARTHY - Thank you representative. Thank you senator.

WILLIAMS - Thank you.

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NANCY ALTERIO - DISABLED PERSONS PROTECTION COMMISSION - I truly appreciate this opportunity Thank you so much. Chair Williams and cheer goby and honourable members of the Committee of Ways. And means it's really an honor to be here today. Such a pleasure. My name is Nancy Alterio. I am the executive director of the Disabled Persons Protection Commission, otherwise known as the DPPCand do appreciate that you are saving the best for last. Um, but okay, all kidding aside. Um, we, so the disabled persons Protection20231 commission is an independent state agency and we are responsible for investigating and remediating instances of abuse against adults with disabilities Between the ages of 18 and 59 years of age who are dependent upon others for assistance with their daily living needs.

Uh, we were created in 1987 to create a void that existed in the Commonwealth between child protective services, the Department of children and family who acted to protect children up to the age of 17. And then on the other end of the spectrum, the executive office of Elder Affairs who actually protect uh elder is 60 and over. So we are the middle child and there are times I felt the forgotten child. Um, but that is absolutely not the case. You have truly heard our cries for help our woes and we are so incredibly thank you. So, so incredibly appreciative of your support in fiscal year 20 and especially in fiscal year 21. Uh, we are in a position uh, to work to try to make this organization hole. We are in a position to Uh, to work towards having manageable caseloads were in a position to work20318 to do much more timely investigations.

You know, because of your advocacy and because of your support, we received a 2.1-million-dollar increase in our appropriation in fiscal year 21 Over 20, which has been extraordinary. So we are currently in full force hiring uh, within every unit of the20342 organization from 24-hour hotline to investigations uh to oversight who works to make sure that the protective services in place to the legal unit with this funding were also charged with creating an abuser registry. And so we are full force um working to build that registry. Um20367 you know the infrastructure with technology and personnel and policy. Uh and uh hope and we'll have that up and running you know in July uh so that we are confident that we are going to spend your dollars. The taxpayers dollars wisely in an effort to ensure persons with disabilities um are able to choose a life free from abuse and neglect.

And I do just have to acknowledge. Uh Chairperson and the honourable Jim Brett also asked me to send his regards and his appreciation for what you have done for the disabled persons Protection Commission over the last several years, but20417 especially fiscal year 21. And I am also most grateful that the administration's recent house 22, um recent post 22 uh fiscal year. Excuse me, fiscal year 22 House One recommendation maintains that increase in funding that you provided the disabled persons20439 Protection commission in fiscal year one to fiscal year 22. So thank you so much for that. I know it's been a long day. It's been information overload. I do want to keep my comments brief, but I20458 am here to answer any questions that you might have.

WILLIAMS - No. Uh, I really don't have any questions. Obviously, the The funding increase for you speaks for itself over $2 million dollars last fiscal year. Just appreciate the very hard work to depose continue to do in a very tough atmosphere and tough climate In tough circumstances, especially with the COVID-19 pandemic of raging throughout the20482 Commonwealth of Massachusetts. I really don't have anything to say. But thank you for your work. Really appreciate it.

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GOBI - No, you did answer everything, Nancy. My, my big thing. I was I was just curious if you thought that the abuse of registry was going to be finished by July and you said it would and you're not anticipating any other financial needs to make that happen. It looks20508 on schedule and things are good with your country for all the infrastructure you need for that. Okay, great.

ALTERIO - Absolutely. Thank you.

GOBI - Okay.

what's going on? Thank you very Thank you very much. I appreciate that. You know, we we know that there's more people here, I believe.

ALTERIO - Thank you very much.

WILLIAMS - Thank you so much.

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DAVID WILSON - STATE ETHICS COMMISSION - Good afternoon. Chair Williams, chair Gobi and members of the Joint Committee on Ways and means, thank you for this opportunity to testify on behalf of the State Ethics Commission. Uh, my name is David Wilson and the executive director of the commission. I'm speaking to you from the commission's office with me virtually is Rob Milt. Uh, the uh, commissions, government Affairs Officer. This past year presented unique challenges. And I am proud to say that the commission and its staff more than met those challenges today. The State Ethics Commission serves the people of the commonwealth As a believe, if not more ably than it did prior to March 2020.

In the spring of 2020, the commission staff quickly transit, transition to remote work with the support of the commission, skilled it and under the leadership of the Chiefs of the commission's legal enforcement in public education divisions. This would not have been possible were it not for the Legislature's steadfast support for the commission, which in each of the past three fiscal years has allowed us to invest in much needed, up to date tech equipment such as servers, laptops, voice over internet protocol telephones. It was this equipment, the purchase of which the Legislature made possible That enabled nearly all of the staff to rapidly transition to fully remote work. In the spring of 2020, a few of us, of course, have continued to pick up the mail and take care of it issues.

The Commission's 27 employees have shown themselves to be resourceful, resilient and resolutely committed to fulfilling the commission's mission despite all obstacles sterling that way by the pandemic. Despite the challenges of the past year, in the yearlong closure to the public of the commission's20719 office, the work of the commission has continued unabated. All calls to the commission are answered by one of our receptionist working remotely and request for legal advice and complaints are quickly routed to appropriate attorneys. Are investigators. alleged violations of the law are being thoroughly investigated by the enforcement division with interviews and20744 death as depositions conducted remotely. The commission's five commissioners meet monthly by Zoom.

To oversee the work of the staff and to consider matters requiring their action. Adjudicatory proceedings are being held uh including pre hearing conferences, in motion hearings, all by video conference, live public20766 access to the public portions of these meetings in hearings is provided by zoom such that we now have the public observing more of our activities uh than ever before because they can do it over the Internet. Decisions and orders are being issues in cases resolved with disposition agreements.20791 The commission's legal division attorneys have continued to provide timely legal advice generally within one business day conflict of interests. Lost seminars which educate public employees about the law's requirements, continued to be held.

Now by video conference and for audiences far larger than were ever able to attend in person. And 41,190 statements of financial interests were received last year by the commission, the overwhelming majority of which were filed electronically up substantially for prior years. Uh In some, the commission staff have shown that they can effectively serve the public from wherever they are working. Uh The commission greatly appreciates the Legislature's uh start support uh During the current fiscal year, the Legislature's override of the administration's veto of the commission's lying item in the FY 2021 GAA. has permitted the commission to fund to new positions. An assistant agency counsel uh position in an entry level investigator position.

The new investigator position, which was filled in January, is already providing our enforcement division with enhanced capacity to reduce our complaint backlog and to achieve our long term goal of eliminating any backlog of complaints more than three months old. The Assistant Agency council, which will soon be filled, will provide the commission with a new cross functional attorney. We will be trained in flexibly deployed to meet the frequently changing demand for attorney services in each of the commission's three divisions, working as needed at various times on enforcement, legal and public education and communication matters. Uh, as you continue to develop the Commonwealth FY 2020 budget.

I asked you to consider in value the important work of the State Ethics Commission. Since 1978. The commission has been the independent and nonpartisan administrator in primary civil enforcement agency for the conflict of interest and financial disclosure laws. The commission helps the commonwealth approximately 400,000 state county and municipal of municipal officials and employees to comply with the conflict of interest20963 law. It also helps more than 4000 state and county public employees officials and candidates for state elected office to comply with the financial disclosure law. The commission does this through education advice and when needed investigation and civil prosecution. The commission's mission is to foster integrity in public service.

To20989 promote public trust and confidence in that service and to prevent conflicts between private interests and public duties. Without the Legislature's continued support, we can have no hope of accomplishing this mission. The ethics Commission is seeking $2,666,373 in Maintenance Funding for FY 2020. This amount is $82,679 more than the current year funding uh and represents a 3.2% increase over the commission's current year wine item in over the governor's H one recommendation. The Commission's FY 22 Maintenance requests supports, among other things, spending for professional development investigations, EOTSS chargebacks, Fringe benefits a two cost of living increase for all staff, excluding the executive director in step increases for several a senior staff.

At the requested funding level. The commission will be able to maintain its current operations and retain its talented attorneys investigators in other professional staff who might otherwise be lost to other employment opportunities. A21084 major benefit of retaining experienced staff is that having must master the day to day duties of their positions. They are able to envision how these duties, how those duties could be better performed in the future and to participate in building that better future. I'd like to provide you with a quick example of how the commission's talented and experienced staff are building the commission's future.21117 Prior to in over the past year, the commission staff has been working hard to improve our overall effectiveness through to large technology projects.

In fiscal year 2021 capital funding has allowed the commission to undertake two major initiatives, the development of a new online conflict of interest training program from Massachusetts public employees in the selection of a vendor to implement a new legal case management system. A new online training program in a new legal case management system will together substantially enhance the commission's effectiveness. Public employees and public officials better understand the conflict of interest law will21166 violate the law less often in a modern case management system, will help the commission staff to more quickly and consistently respond to requests for legal advice and more efficiently investigate complaints.

In part by allowing us to analyze the thousands of requests for advice and hundreds of complaints we received annually in a way not possible with their existing antiquated case management system. When this, this new system will also offer additional services to the public, uh including allowing the submission online of disclosures uh this month. Uh Despite the pandemic, the commission, through the persistent efforts of experienced staff members issued an RFQ to develop a new conflict of interest online training course to replace21229 the commission's legacy training program. The commission is required by uh the ethics reform lot of 2009 to provide such training. Uh the vendor we select will create and implement a contemporary and more effective conflict of interest law uh online training course.

Uh If everyone in government takes this course, um and uh you will know from your experience that while21264 it covers the material it does it in a rather static way. And so we're looking to renew our education online education by creating a new course. The new course. This new online course will uh will contain core content applicable to all users, including examples of knowledge check questions. In addition, the course will be shorter and more engaging than the existing trading costs and will provide about a dozen position specific modules, including modules for elected officials, educators in law enforcement employees, so that the training will be more relevant to the particular positions held by the people who are taking the course and we believe as a result, it will be more effective in conveying the material to public employees.

So in21329 addition to again, despite the pandemic and again, due to the persistent hard work of experience commission staff, we are on track to begin replacement of our legacy21342 case management system. This fiscal year. The commission and its partners at the Department of Labor Relations, the Department of Mental Health in the executive office of a Technology services and Security expect to select a new statewide legal case management platform by the end of the summer and to begin implementation this fall. So these two projects that are on the way and I think they demonstrate what experienced staff can envision and go about bringing to reality. Just in conclusion, uh, the ethics commission greatly appreciates the general courts continued support for our mission of fostering integrity at all levels of government in Massachusetts.

It is imperative and prudent that the commonwealth continued to invest in the state Ethics Commission. The commission's committed efforts to increase understanding of and compliance with the conflict of interest in financial disclosure laws by the Commonwealth 400,000 public employees and officials in the public in general. Through advice, education is an investigation and when necessary, prosecution encourages ethical behavior, promotes integrity and confidence in government and provides invaluable benefits to the commonwealth. One benefit I can cite is the fact that the legal advice that we provide um relieves municipalities from having to hire attorneys to answer those questions about the conflict of interest law with the reasonable and modest additional funding for staff and other resources that we are requesting.

The commission will be able in fiscal year 2022 to continue to provide the timely and accurate legal advice in the frequent high quality conflict of interest law education programs that public employees and officials and the public have come to expect21487 and rely upon with the requested funding. The commission will also be able to more quickly resolved complaints against public employees as both the public employees and the public dessert. Finally, with the requested funding, the experienced and talented commission staff will be able to continue their hard work on projects, which will contribute to a better future for ethics in the commonwealth. Uh, we're very grateful for the Legislature's continued interest in support for the state Ethics Commission and his21531 work. I thank you for your attention, particularly this late in the day and uh, I would like to answer any questions that you have just a day.

WILLIAMS - Thank you. Uh, I have a couple of comments. Uh, first of all, I got my notice uh, yesterday for April nine. So I know, uh, you folks are on the case. Uh, also, I'm glad you cleared that point up that, uh, you sir, or municipalities throughout the commonwealth, not just for state And state reference, eight senators, you served the whole comedy. Uh, then the last thing I want to tell you, I want to appreciate your work. I think the last time we had a public couple, one of the last public events we have the State House.

You had to address the body else Representatives. And I'll never forget your professionalism and your insight and your understanding of the law and just how, uh, for my edification, how you simplified it so that people really understood where you were coming from. It's never easy to talk about ethics, but you you that's the first. In contrast with the last in college public and compliments I had a lot of us are, you know, I don't want to appreciate that session we had with you because I know, you know, your job, anyone else that, uh, so I don't have any questions with. Just

WILSON - Thank you very much for your comments.

GOBI - And um, I would also like to say, thank you. It's been uh, it's been nice being able to actually do the online training. I'm happy to hear that you're making some changes to that as well. So I think that that's good. Uh, you know, continue to keep people engaged, but it works out really well with new employees coming on at all different times. Be able to have access to that. So that that is very good. I just have one question for you. I think at the beginning of your testimony, David, you mentioned something about the backlog. What what could you just just briefly, what is there a backlog now or is that been taken care of?

21664 WILSON - Yeah, we different we define a our backlog as as a case that a complaint that's more than three years old, three months old that has not moved into a formal investigation. Um So we do historically because we get so many complaints, uh we have had a struggle um uh keeping up with uh21689 all of those complaints. So right now we21695 have uh uh this one I think we have one complaint that's more than a year old and we have under 200 complaints that are between um three months in a year. So I think it's it's like 150 or 160 now. Um I'm not comfortable with those numbers and uh we've been hiring staff, we've had some investigators on leave, we've had some staff turnover. We now with our new investigator um are very hopeful that that we'll be clearing that up.

And getting it down to a situation where it'll be rare for a case to go over three months without a decision having been made to. This is something that really needs to be uh looked into a formal investigation or uh you know a decision is made to just ended with a uh the determination that you know it wasn't violation or a private letter can be sent just explaining the law. Um So we we just you know, give you an example, we have one investigator who's on Military leave and has has been on Military leave or uh all over now extended. Um You know we've had investigators uh in the past year leave for other opportunities and oh it's a perennial problem I think for for law enforcement agencies. Civil law enforcement agency.

GOBI - Thank you very much. I appreciate your service. Thank you.

WILSON - Thank you very much.

WILLIAMS - Thank you. You've had the last word. Thank you.

WILSON - I appreciate the opportunity.

GOBI - Thank you.

WILLIAMS - Thank you.

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you.