The Commonwealth of Massachusetts Executive O??i'ce Safety and Security PAROLE BOARD 12 Mercer Road Watich, Massachusetts 01 760 Charles D. Baker Governor Paul M. Treseler Chairman napeoa (503) 650-4500 Karyn Polito facsimile (508) 650?4599 Lieutenant Governor Gloria nu Morouey Executive Director Thomas A. Turco, Secretary March 4, 2019 David Milton, Esq. Prisoner Legal Services of Massachusetts 10 Winthrop Square, 3?d Floor Boston, MA 02110 Re: Public Records Request, dated February 1, 2019 Dear Attorney Milton This responds to your public records request dated February 1, 2019. This response is being provided Within the agreed upon deadline of March 4, 2019 for a response to request numbers 2-15 and March 7, 2019 for a response to request number 1. Please refer below to responses to each of your requests: 1. ?All Parole Board records of decision ?om the month of November 2018 for individuals serving a term of years and not serving a life sentence with the possibility of parole. According to MGL c.127, the records of decision are "public record and shall be available to the public. See also MGL. c. 6, ?l 726719. Because Massachusetts law states that the records of decision shall be made available to the public, it is my understanding that no fee will be assessed for providing these records per 950 CMR 32.07 (2). Pursuant to the your agreement to modify this request, attached please ?nd the first 175 records of decision for parole release hearings conducted pursuant to M.G.L. c. 127 130 beginning November 1, 2018 for individuals serving a term of years and not serving a life sentence with the possibility of parole. Please be advised that the names of victims, co- defendants and security threat groups/gangs have been redacted pursuant to 120 500.00 et seq. and M.G.L. c. 127 130. 2. All Parole Board policies, procedures, practices, or memoranda concerning modi?cations or accommodations made for individuals with cognitive, mental health, physical, or other disabilities at any stage of the parole process or in the Parole Board?s decision making. Attached please find the current active policies responsive-to your request: 120 PAR 550: Provided Counsel 120 PAR 112: Risk/Needs Assessment 120 PAR 360: Special Conditions 3. 4. 120 PAR 408: Classi?cation and Standards of Supervision All records concerning or re?ecting changes in Parole Board policies, procedures, practices, or memoranda as a result of Crowell v. Massachusetts Parole 4 77 Mass. 106 (201 7). In 2016, the Massachusetts Parole Board (?Agency?) began proactively referring inmates for counsel for all hearings. In preparing for parole hearings, when staff encounters information about a mental health condition, cognitive impairment or other medical condition that would impact the inmate?s ability to have a meaningful parole hearing and/or speak effectively, then a referral for provided counsel is made to the Committee for Public Counsel Services for assignment of counsel to the inmate. Additionally, the Agency will make a referral for provided counsel when an inmate or the inmate?s attorney submits documentation to the Agency concerning a mental health condition, cognitive impairment or other medical condition that would impact the inmate?s ability to have a meaningful parole hearing and/or speak effectively. Attached also please find a referral for provided counsel form. All Parole Board policies, procedures, practices, or memoranda concerning how or whether the Parole Board assists with preparation of prisoners? post-release plans. Attached please find the following active policies/standard operating procedures: SOP Standard Operating Procedures for Home Investigations; SOP 13-FS-11: Standard Operating Procedures for Initial Intake 129 PAR 360: Special Conditions Data and/ or records documenting the number of times, for each month from May 2017 through January 2019, that the Parole Board provided an expert or other assistance to help a prisoner with a mental disability identi?/ appropriate post-release programming. According to records maintained by the Of?ce of General Counsel, from May 2017 through January 2019, the Agency has made 34 referrals for provided counsel for inmates who suffer from a mental health condition, cognitive impairment or other medical condition that would impact the inmate?s ability to have a meaningful parole hearing and/or speak effectively. The purpose of referring for provided counsel as an accommodation is to assist the inmate in preparing for a hearing, to provide representation during a hearing, as well to assist the inmate identify appropriate-post?release programming as well as a home plan. 6. All Parole Board policies, procedures, practices, or memoranda concerning what constitutes a "serious physical or mental disability? within the meaning of 120 PAR 122.06, and how the Parole Board identifies or determines whether a prisoner has such a disability. The Agency interprets ?serious physical or mental disability? to mean ?disability? as defined in 42 U.S.C. 12102; 28 C.F.R. 35.108. The Board could ascertain whether a prisoner has such a disability in different ways. A parole staff member or board member may have reason to believe based upon records of the Department of Correction or other interaction with the inmate that the inmate 10. may suffer from a disability. Disabled Inmates or his or her representative may also disclose to the Board or staff member the existence of a disability. All Parole Board policies, procedures, practices, or memoranda concerning how the Parole Board identi?es, assesses, or determines whether a prisoner "is not competent to o?er testimony at or understanding the proceedings "because of a mental, medical, physical condition, or language barrier? under 120 CIMR 300. 08(2) and 120 CMR 3 03.22( 7). - If a parole staff member has reason to believe based upon records of the DOC or other interaction with the inmate that the inmate may suffer from a disability and that disability may prevent the inmate from meaningfully preparing for, participating in and/or understanding a hearing before the Board, the parole staff member shall notify the General Counsel along with any recent supporting documentation of the inmate?s disability. _General Counsel will then make a referral to CPCS for provided counsel as an accommodation to assist the inmate. Disabled Inmates or his or her representative may also initiate a request for provided counsel as an accommodation with the institutional parole officer at the correctional facility Where he or she is committed or to the Office of the General Counsel for a review, revocation or rescission hearing before the Board if the disability would prevent the inmate/parolee from meaningfully participating in, or understand the proceeding. Please also refer to 120 PAR 550: Provided Counsel, attached hereto. Data and/ or records documenting the number of times, for each month during the 2018 calendar year, a parole hearing panel determined that an individual serving a term of years, "because of a mental, medical, physical condition, or language barrier, [wa]s not competent to testimony at or understanding the proceedings at initial parole release hearings or review hearings. See 120 CMR 300. As described in paragraph seven (7) above, where the Agency has reason to believe that inmate may suffer from a disability and that disability may prevent the inmate from meaningfully preparing for, participating in and/or understanding a hearing, a referral for appointed counsel is made as an accommodation to that individual. Data maintained by the Of?ce of the General Counsel reflects that in the during the 2018 calendar year 20 referrals for provided counsel were made to CPCS to represent those disabled inmates. Data and/ or records documenting the number of times, for each month during the 2018 calendar year, a parole hearing panel permitted a "qualified individual to represent an inmate who, because of a mental, medical, physical condition, or language barrier, [was] not competent to o?er testimony at or understand the proceedings at initial parole release hearings or review hearings. See 120 CMR Data maintained by the Of?ce of the General Counsel re?ects that in the during the 2018 calendar year 20 referrals for provided counsel were made to CPCS to represent those disabled inmates. Data and/ or records documenting the number of times, for each month during the 2018 calendar year, a parole hearing panel determined that an individual serving a term of years, "because of a 11. 12, 13. mental, medical, physical condition, or language barrier, [was] not competent to o?er testimony at or understanding the proceedings" at a revocation hearing. See 120 3 03.22 7). According to the data maintained by the Office of General Counsel, during the 2018 calendar year, there appear to be no referrals for provided counsel for a revocation hearing. Data and/ or records documenting the number of times, for each month during the 2018 calendar year, a parole hearing panel permitted a "quali?ed individual to represent an inmate who, because of a mental, medical, physical condition, or language barrier, [was] not competent to o?er testimony at or understand the proceedings ?f at a revocation hearing. See 120 CMR 303.220). According to the data maintained by the Of?ce of General Counsel, during the 2018 calendar year, there appear to be no referrals for provided counsel for a revocation hearing. Data and/ or records documenting the number of times, for each month during the 2018 calendar year, the Parole Board scheduled "a mental health evaluation for an inmate under 120 CMR 300. 05(3). During the 2018 calendar year, the Board scheduled a mental health evaluation for an inmate 0 times. he policies and procedures that establish and describe the chain of command within the Transitional Services and Life Sentence Units. The policies and procedures requested are those described in 120 PAR 120(119, including all information described in 120 PAR and 120 PAR Responsive to this request, attached please ?nd the following: 1. Organizational Chart for the Transitional and Life Sentence Units. Please be advised that the employee identi?cation numbers have been redacted pursuant to M.G.L. c. 4 and I 2. 2017 Massachusetts Parole Board Annual Statistical Report. 14. 15. The job description and list of responsibilities of an Institutional Parole O??icer. Attached please find a current Form 30 for the position of institutional parole of?cer. All records and data the Parole Board provided to the US. Attorney?s O?ice from. January 1, 201 7 to the present date. You subsequently clari?ed this request to mean documents ?that have been provided to the MA US Attorney?s Office in connection with its civil rights/ADA investigation of the Parole Board. Documents responsive to this request are being withheld, as such documents are exempt from public disclosure under and M.G.L. c. 4., 7(26)(l) (the investigatory materials exemption). The documents you request are investigatory materials provided to the U.S. Attorney?s Office out of public View in connection with a currently active investigation. Please be advised that you may appeal any aspect of this response to the Supervisor of Public Records in accordance with the procedure set forth in .950 CMR 32.08(2) and M.G.L. c. 66,, 10(b), a copy of which is available at source/cmr/ and You may also ?le a civil action in accordance with M.G.L. c. 66, 10A. If you have any questions or concerns, please do not hesitate to contact me Sincerely, r? 2 krSh?a Benedetti Acting General Counsel Massachusetts Parole Board