Call to Order and Roll Call
The 1st meeting of the Interim Joint Committee on Judiciary was held on Friday, June 6, 2014, at 10:00 AM, at the Northpoint Training Center in Burgin, KY. Senator Whitney Westerfield, Co-Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Whitney Westerfield, Co-Chair; Representative John Tilley, Co-Chair; Senators Perry B. Clark, Carroll Gibson, Sara Beth Gregory, and Robin L. Webb; Representatives Johnny Bell, Robert Benvenuti III, Joni L. Jenkins, Stan Lee, Reginald Meeks, Suzanne Miles, Darryl T. Owens, Ryan Quarles, Tom Riner, and Steven Rudy.
Guests: LRC Acting Director Marcia Seiler, Commissioner LaDonna Thompson, Secretary J. Michael Brown, Warden Don Bottom, Ken McGinnis, James Austin, and Deputy Commissioner Jim Erwin.
LRC Staff: Jon Grate, Matt Trebelhorn, Dallas Hurley, Alice Lyon, Chandani Jones, Dale Hardy, Matthew Doane, and Natalie Burikhanov.
Restricted Housing (Segregation)
After a brief introduction, Department of Corrections (DOC) Commissioner LaDonna Thompson discussed the Kentucky Correctional Facility Segregation Unit Audit that was conducted by CNA Analysis Solutions and Eastern Kentucky University (EKU). Ken McGinnis and Dr. James Austin, on behalf of CNA, discussed their research, discoveries, and suggestions that resulted from the study.
Mr. McGinnis spoke about the national trends regarding segregation units. Overall, the group found that placement into a segregation unit is often arbitrary, prolonged, and unstructured. Furthermore, these trends demonstrate that segregation units across the country face elevated suicide rates, decentralized oversight, and incidents of excessive use of force. Many inmates are in segregation for an undefined amount of time, and the unit often houses inmates who suffer from mental illnesses, who are placed in segregation due to a lack of treatment resources and proper assessments. While Kentucky has a better segregation unit system than others around the country, it still possesses many of the qualities found in these national trends.
Before delving further into the study, Dr. Austin provided nationally held definitions of segregation, as follows:
1. Investigative segregation: applied to those who are arrested within the prison system and are awaiting trial. This type of segregation usually lasts 60-90 days.
2. Disciplinary segregation: once an inmate is found guilty of a crime within the prison, they are held in the segregation unit as a part of their sentence for a specified amount of time.
3. Administrative segregation: given to inmates who are considered too dangerous to be kept in the general prison population. They could have been charged and convicted of an offense or could suffer from mental health issues, and they are kept indefinitely.
4. Protective custody: applied to those who are moved for their own protection.
Of those listed, administrative segregation and protective custody often lead to the longest lengths of stay.
Following these definitions, Dr. Austin provided a background of the audit, which was completed in the summer of 2013 and was the collaborative effort of CAN, JFA Institute, EKU, and DOC. The objective was to assess the Kentucky DOC’s segregation units, compare the system to others throughout the nation, and determine if the policies met best practices. The study found that Kentucky’s segregation population was around 6 percent, which was just below the national average of 6.5 percent. As was expected, the Kentucky State Penitentiary had the largest segregation population due to its status as the only high-security prison facility.
Dr. Austin and Mr. McGinnis then presented their primary recommendations:
1. Initiate a review and revision of the disciplinary guidelines as specified in the Kentucky DOC Policy 15.2. By doing this, DOC would establish a length of stay for inmates in the segregation units.
2. Modify the approach to special management population by utilizing administrative control for long-term segregation housing. This would better place inmates within categories based on risks.
3. The present stay in what should be called investigative administrative segregation should be reviewed and shortened from the current 60 days to 30-45 days.
4. Inmates claiming protection needs and housed in segregation pending investigations should be separated from other non-protection inmates. As it stands, Kentucky is a national model in this area.
5. The mixing of different segments of the segregation population should be minimized.
6. The Kentucky DOC information system should be modified so that inmates can be clearly tracked by their segregation status and the time in such status.
7. The long-term segregation unit should develop step-down programs that allow inmates to earn their way out of segregation within 9-12 months (with exceptions).
8. Transition programs should be established that utilize the principles and approach already in place at the Enhanced Supervision Unit at EKCC.
9. Kentucky DOC should review staffing levels.
10. The Department should review the recreational access of each facility and develop a plan that would maximize access to outdoor recreation.
11. Kentucky DOC should review options for expansion of program offerings in the step-down programs for administrative segregation.
12. Kentucky DOC should develop a specialized training curriculum for staff assigned to the special management units, just as a similar method employed by Indiana DOC.
13. Review Kentucky DOC policy 18.1 to clarify and expand the role of mental health professionals in the classification process.
14. Kentucky DOC should develop system-wide guidelines for the inmate watch program.
Following this presentation, Dr. Austin and Mr. McGinnis responded to questions from Representative Meeks. Dr. Austin stated that this audit was completed from a snapshot in the month of July since there was a lack of historical data from which an analysis could be conducted. There is no research that measures the cost-effectiveness or general effectiveness of segregation units.
Programs, Mental Health Services, and Food
DOC Deputy Commissioner Jim Erwin gave an overview of programs and contracts within the department. He said that HB 463 had implemented evidence-based programs that were operating within the facilities and in the community, including InsideOut Dads and Sex Offender Treatment Program. As of July 2014, DOC will begin eleven evidence-based programs for inmates in extended segregation services. The programs are modeled after the Moral Reconation Therapy program, and include incentives for good behavior while in segregation, and evaluations. The goal programs is to foster more staff interaction. Responding to a question from Senator Webb, Deputy Commissioner Erwin said that interaction includes more face-to-face interviews, mental health trainings, and training and promotions for employees. Mental health services have been extended to inmates in segregation, where they meet in a confidential room with a licensed professional every 30 days while in segregation. Furthermore, new inmates are screened within 24 hours and new procedures will require all inmates to undergo evaluations. Following a question from Representative Meeks regarding programs upon release, Deputy Commissioner Erwin explained that individuals with mental health issues get a case plan and reentry plan. Commissioner Thompson added that since the Mandatory Reentry Supervision program, DOC now has a six month supervisory period.
Commissioner Thompson took time to address the death of an inmate in January while in segregation. She explained that the inmate suffered from mental health issues and was voluntarily removed from his medications. Not long after, he began a hunger strike and self-harming. Eventually, the inmate was found unresponsive in his cell, and his death was due to dehydration. Commissioner Thompson discussed the series of miscommunications that led to this event, as well as the steps DOC has taken to address these weak areas, including making staff changes, placement adjustments, and identifying gaps. Deputy Commissioner Erwin stated that attached to the committee members’ materials was a plan of action with deadlines for preventing a similar event. While DOC maintained that the inmate was on a voluntary hunger strike, Senator Webb said that a person suffering from unmedicated mental health issues could not truly engage in a hunger strike.
Responding to a question from Representative Riner, Commissioner Thompson explained that DOC offers many opportunities for substance abuse treatment, including rehabilitation, mental health units, and trainings. She said that these services help inmates reintegrate better into their communities. Cabinet for Justice and Public Safety Secretary J. Michael Brown explained that successful reentry is dependent upon the individual. He stated that the cabinet can provide resources, improve their health, and maintain their safety while in custody, but once the person is in the community, the cabinet has no control over their behavior or decisions.
Farm Operations
Kentucky Correctional Industries Assistant Director C.A. Wilkerson presented on the farm operations within DOC. Within its facilities, there are 475 acres of land which are used for certified angus, prawn, or tilapia operations. At the Roederer facility, DOC maintains a commercial cattle operation with a ten acre garden. Northpoint Training Center, Western Kentucky Correctional Complex, and the Blackburn Correctional Complex also have cattle farms, and they also have hay and corn crops to support the herds. Fresh produce is provided to Aramark, and excess produce is donated to local homeless shelters. Beyond farm operations, DOC also maintains the Thoroughbred Retirement Farm at Blackburn, and a horse rehabilitation program at Roederer. Furthermore, active horticulture programs are underway at four prisons, with another starting in the fall in Bell County.
Working for DOC
Danny Morris, a correctional officer for DOC, presented a PowerPoint about working for the department as one of its 4,430 employees. He highlighted the high turnover rates and the low average salary, which stands at $23,346. Mr. Morris also noted that correctional officers have the highest mandatory overtime and highest rate of PTSD of public servants. Secretary Brown said that the department has very young, inexperienced staff working with difficult inmates, and he urged increased funding.
Re-Entry
Secretary Brown discussed re-entry services and statistics. He discussed the positive effects relating to HB 384 is anticipated to have if passed in a future session. Representative Tilley added that HB 463 from the 2011 Regular Session has improved re-entry services, and as a result, recidivism rates have lowered while treatment availability has increased.
The meeting adjourned at 12:15 PM.