Board of CorrectionMinutes

November 10, 1987

A regular meeting of the Board of Correction was held onNovember 10, 1987. Members in attendance were Vice-ChairmanJohn Horan, Judge William Booth, Reverend Irvine A. Bryer,Jr., Barbara Margolis, David Schulte, and Rose M. Singer.

Also in attendance were Luke Smith and Bob Corliss ofthe State Commission of Correction, and Susan Milligan ofThe Daily News.

The Vice-Chairman opened the meeting at 2:15 p.m. bycalling for a motion to approve the minutes of the Octobermeeting. A motion to approve the minutes without alterationwas made by Mr. Horan. The motion was seconded by Mrs.Singer, and passed unanimously by the other members.

Mr. Horan then called for a staff report from theBoard's Executive Director, Richard Wolf. Mr. Wolf began byaddressing the Department ' s request for a renewal of theexisting variances. He informed the Board members that witha renewal of the existing variances, the Department would beleft with an apparent surplus of more than 900 beds.

Mr.- Wolf then presented the Board members with a_detailed report on the Bibby Venture. He mentioned thatmembers of the Board's staff had made several visits to thebarge, which is currently moored at Pier 36 on the EastRiver.

Mr. Wolf first discussed the basic design and layout ofthe barge, stating that it was designed as housing foroffshore oil workers. He pointed out that because the bargewas initially designed to provide comfortable and privatehousing, there are a number of features which make itunsatisfactory as housing for inmates. He explained thatthe vessel contains six levels, with the top deck to be usedat present only for outdoor recreation. Using diagramsprepared by Carl Niles, Mr. Wolf then discussed the basiclayout of the housing decks, as well as the configuration ofa typical housing area.

Mr. Wolf reported as follows; .The housing decks containsix adjacent hallways running off one main corridor, exceptfor the bottom or "barge" deck which contains five hallways.Each of the hallways contains a dayroom, bathrooms andtwelve single-inmate rooms. The Department's currentstaffing plan for each housing deck calls for one officer ateach of two stationary posts, one at either end of the maincorridor, with one additional officer designated as a"rover". The stationary-post officers would be responsible

for manning the security gates, monitoring traffic in themain corridor, and supervising inmate phone calls, with theroving officer given the task of touring each of the sixadjacent hallways and inspecting activity in the inmateareas within.

Mr. Wolf asserted that there a number of security risks

inherent in such an arrangement. Because of the location ofthe A and B posts, the stationary officers will be denied aline of sight down the main corridor as well as down each ofthe six hallways. They will also be hindered by the soundof televisions and inmate activity emanating from dayrooms

located at the head of each of the six hallways, as well asby the noise created by inmates in the main corridor.Likewise, the roving officer, when inspecting activity inthe housing areas, will be cut off by sight and sound fromeach of the stationary officers. In each room, a "floor toceiling" wall located at the foot of the bunk beds willrequire the "roving" officer to enter each room and comearound a blind corner in order to inspect the bed in eachcell. Other potentially dangerous features include exposedsections of pipe and electrical fixtures, removableEuropean-style shower heads, and suspended ceilings. Thefourth and fifth decks of the barge contain windowless roomsin which the Department plans to house sentenced cadre.

Mr. Schulte asserted that other rooms on the barge facean air shaft, and asked for an explanation of theDepartment's plan to place inmates in rooms without windows.He suggested that the Department should wait until the BibbyVenture can be berthed at Rikers Island before attempting tobring inmates aboard, particularly in view of the 900 bedsurplus which currently exists in the system, as well as thenumerous security risks in need of attention.

Mr. Horan acknowledged Mr. Schulte's point, andsuggested that he present it again later in the meeting tothe representatives of the Department.

The meeting was then joined by the following members ofthe Department of Correction: Thomas Murray, Chief ofOperations; Julian Praeger, Deputy Commissioner; GeorgeVierno, Deputy Chief of Operations; Robert Daly, GeneralCounsel; James Hunter, Supervising Warden; Marcia Goffin,Director of the Legal Division; Michael Cleary, ExecutiveDirector of the Management Evaluation Division; and EricTaylor, Deputy Warden-in-charge of the Bibby Venture.

Mr. Wolf also welcomed Barbara Turk from the office ofManhattan Borough President David Dinkens, and introducedJohn Zeitlin, an Urban Fellow working with the Board staff.

Mr. Daly informed the Board that the Department wasrequesting the renewal of the existing variances, and then

called on Deputy Warden Eric Taylor to address the Board onplans for the operation of the Bibby Venture.

- D/W Taylor began by explaining that the Bibby Venturewill house up to 380 "low risk" detainees, adding that "lowrisk" refers to ratings of 12 or less on the currentclassification scale. He added that intake and screeningprocesses will be conducted elsewhere, and that inmatesrequiring special medical treatment, dietary restrictions,or mental observation will not be assigned to the Bibby.He also stated that inmates from the Bibby will betransported to the Manhattan House of Detention forMen/(MHDM) for law library and visits, and that religiousmeals will be prepared at MHDM and delivered to the Bibby.The Bibby Venture will open its own -law library within -approximately two months, as soon as the law books arrive.

Finally, D/W Taylor described the plans for providingthe inmates with social services and recreation, and thendiscussed the approved staffing for the barge. He statedthat the Bibby Venture will offer a range of social servicescomparable to those in other institutions, and alsodiscussed plans to utilize the top deck of the barge foroutdoor recreation. He also discussed plans to construct anindoor recreation facility on the pier. In response to aninquiry by Mr. Wolf, D/W Taylor stated that the originalstaffing request called for the assignment of 266 officersto the Bibby Venture, but that significant cuts had alreadybeen made by the office of Management and Budget. He addedthat the Table of Organization had not yet been finalized asa-number of posts are being renegotiated.

Mr. Horan then asked for the date on which theDepartment planned to move inmates onto the Bibby.

Mr. Daly responded by'-stating that the Department wouldlike_ to begin assigning sentenced cadre to the Bibby onNovember 13, assuming the current litigation involving theBibby Venture is resolved on Thursday, November 12. Headded, however, that such plans would of course becontingent on approval from the Board of Correction and theState Commission of Correction.

Mr. Horan asked for an explanation of the rush to houseinmates on the'Bibby.

Deputy Chief Vierno responded by stating that theDepartment planned to move inmates onto the Bibby in a verygradual fashion. He said that the initial group oftwenty-five to fifty sentenced cadre would be the onlyinmates on the vessel during the initial "shakedown period",which he estimated would last approximately one week, andthat detainees would subsequently be brought on at a rate oftwenty-five per day.

Mr. Schulte then proposed that the Department considerutilizing the Bibby Venture as housing for the work releaseinmates presently housed on the ferry at Rikers Island. Headded that the ferry could then be used to house detainees.Mr. Schulte also asked for a reason for the Department'srush to utilize the Bibby , especially given the surplus ofbeds earlier cited by Mr. Wolf.

Mr. Vierno stated that he feels he is "up against it" asto the availability of beds , and asked for the locations ofthe surplus of beds.

Mr. Wolf demonstrated, by means of a step by stepcalculation using figures from the current census andcapacity of the system , including the existing variancebeds, that the Department did indeed have a reserve of 923beds " on paper". Furthermore, he stated that even if thecensus reaches the peak which the Department had projectedfor November 16, there would still be a "paper" surplus of642 beds.

Deputy Chief Vierno stated his belief that the majorityof the unused variance beds were designated for Stateinmates.

Mr. Schulte informed the Department's representativesthat Mr. Wolf had presented the Board with an overview ofthe layout of the barge , and had shared his concerns for thesafety of officers, as well as inmates, that may be assignedto the Bibby Venture.

Mr. Wolf then summarized the presentation he had madeearlier in the meeting , stressing again the difficultieswhich seem certain to be encountered by the housingofficers.

Deputy Warden Taylor stated that the Department is nowseeking permission from the Bibby Company to lock the firedoor situated at the B post , so as to allow the B postofficer to leave that post and assist the "roving " officerwith the inspection of the housing areas.

Chief Murray asserted that the success of the operationof the Bibby will greatly depend on the inmate screeningprocess. He stated that current plans call for theassignment of only "low risk" inmates to the Bibby Venture.

Mr. Wolf asked whether "low risk " refers to inmates withratings of 5 or less as defined in the currentClassification Directive.

Chief Murray responded that "low risk" refers to inmateswith ratings of 12 or less. When challenged on this point,

the Chief stated that he believed the Board staff had notconsulted the most recent classification directive.

Mr. Wolf responded by stating that Board staff had beenprovided by DOC staff with the Department ' s most recentclassification directive, dated September 18, 1987, in which

"low risk" inmates are indeed defined as those with ratings

between 1 and 5.

Reverend Bryer then asked for the date on which theDepartment plans to relocate the Bibby Venture to RikersIsland.

D/W Taylor responded by stating that the barge should bemoored at Rikers Island by June, 1988.

Reverend Bryer also asked for additional details of theDepartment ' s plans to transport inmates to and from theBibby for visits or for other purposes , and also for anexplanation of the Department's view of the security riskspresented by the design and layout of the Bibby Venture.

Chief Murray stated that the Department plans to run ashuttle between the Bibby and MHDM . Five days per week, onetrip will be required for each law library period. On eachof the five visit days, it is expected that approximately 35to 40 inmates will receive visitors, with two shuttle runsrequired for those inmates. He also reiterated that a greatdeal of emphasis will be placed on screening out all but"low risk" inmates for assignment to the Bibby Venture. Heasserted that the chances of an inmate breaking a lightfixture in order to commit suicide are remote. He statedthat since the Department ' s primary consideration is thesecurity of the officers, DOC has obtained additionalradios, and is looking into the possibility of installingmirrors in the housing areas. He added that "there arerisks involved that must be taken due to the housingemergency ". Finally, the Chief asserted that he had notheard of any dissatisfaction with security among officersfamiliar with the barge.

Mr. Wolf quickly challenged the Chief's last point bynoting that it is highly unlikely that a disgruntled officerwould feel at ease expressing his fears and concerns to asuperior officer. He added that . several DOC staff membersassigned to the Bibby Venture has shared their concerns withmembers of the Board staff, and had asked Board staff toseek renovations and additional staff to make the barge safeand secure for staff and inmates.

Mr. Horan inquired whether DOC considered the presentstaffing to be adequate . Mr. Wolf asked if the Departmenthad submitted a request to OMB for additional staffing.

Deputy Chief Vierno responded that the original staffingrequest was submitted on the basis of DOC ' s considerablecorrection experience , and that no requests for additionalstaffing had been submitted.

Chief Murray followed by again underscoring theimportance of gaining permission to lock the B post door.He added that if such permission was not granted, theDepartment would ask for funding to add another rovingofficer to each housing area. He stated that it had alwaysbeen his preference to have a fourth officer in each housingarea.

Mr. Schulte repeated his proposal that work releaseinmates, instead of detainees , be placed on the BibbyVenture, and asked again for the Department's response tosuch a plan.

Mr. Praeger explained that the community in the area ofPier 36 would oppose any plan which would result in theunescorted movement through the neighborhood of work releaseinmates on their way to and from jobs.

Mr. Wolf asked for updates on the effort to secure booksfor the law library on the Bibby Venture, and theconstruction of a licensed pharmacy.

Marcia Goffin responded by stating that the Board ofEstimate had granted its approval of the purchase of the lawbooks. Deputy Warden Taylor stated that the pharmacy wascurrently being constructed.

John Rakis , the Board ' s Deputy Executive Director,reminded D/W Taylor that the pharmacy will need to have asink and cabinets before it can be licensed.

Deputy Commissioner Praeger said that-the pharmacyalready has a sink, and that cabinets will be constructed.

Reverend Bryer inquired whether the lack of a licensedpharmacy on the Bibby would necessitate the transport ofinmates to MHDM for medication and sick call.

D/W Taylor , stated that it is his understanding that aninspection for a license is conducted after construction ofa pharmacy is completed . He added: that Prison HealthServices Doctor Rooney would visit the Bibby at the end ofthe week to evaluate the space allocated for the pharmacyand other medical purposes , and to determine the medicalstaffing required.

Mr. Wolf informed D/W Taylor that members of the Boardstaff would like to sit down with him and further discussthe particulars of plans for service delivery on the Bibby.

Mr. Horan asked the Department ' s representatives tosubstantiate their assertion that they were presently facedwith an emergency situation which requires them toimmediately assign inmates to the Bibby Venture.

Mr. Daly responded by stating that since the Departmenthad been operating at more than 100 % of capacity for such along period of time , many people had come to believe thatoperation at 100 % of capacity should be considered "normal".He asserted that he would like to see the addition of spaceand beds which would allow for operation at 85 or 90% ofcapacity , claiming that such a condition would benefit both

staff and inmates . Mr. Daly explained that DOC hadrequested permission from Judge Lasker to move 200additional inmates into new modular housing at CIFW byFriday, November 13, but that Legal Aid had requested a tenday review period. Judge Lasker instructed DOC to return tocourt on November 13 only if they feel they are facing acritical shortage of housing . Mr. Daly added that DeputyChief Vierno had advised him that he believed there may notbe a sufficient number of beds to get through the comingweekend. Mr. Daly asserted that he would certainly notreturn and "try Judge Lasker's patience " if he did not feelit was absolutely necessary.

Mr. Vierno added that there had been "slippage" in therate of pick up of State inmates by the Department ofCorrectional Services . He also said that DOC is facing theend of the Lareau relief in the North Facility on November30, and does not want to be faced with an abrupt removal of200 to 300 inmates. -

Mr. Horan asked whether, during the initial phase of theBibby's operation , the Department had consideredtransporting sentenced cadre to the barge each day for workdetail, and then returning them to their respectivefacilities in the evening.

Chief Murray responded that such a plan would presentseveral logistical problems , as well as transportationcosts, which would not exist if the inmate workers werepermanently housed on the Bibby.

Mr. Horan asserted that the Board was not prepared atthe present time to grant its approval of the Department'splans to commence operations on-tlie Bibby Venture.

Mr. Wolf then raised the issue of compliance withexisting variances in the Correctional Institution forMen(CIFM ). He stated that the existing agreement betweenthe Board and the Department stipulates that the totalpopulation of CIFM is not to exceed 2800, with a maximum of2350 inmates in the main building. In addition, the

agreement specifies that State inmates will not be housed inthe main building for any purpose.

Mr. Wolf then asserted that members of the Board staffhad visited CIFM and learned that, in fact, several stateinmates were being housed in the main building in severalspecial housing areas.

Deputy Chief Vierno responded by claiming thatinstructions had been issued to CIFM to remove all Stateinmates from the main building, thus bringing the facilityinto compliance with the existing agreement . He also statedthat he was prepared to present the Board with a request foran additional variance to house all of CIFM' s paroleviolators at 40 square feet, regardless of the number ofdays they had been in the system.

Mr. Schulte commented that as a result of a recent triphe had made to CIFM , he was convinced that steps should betaken to expedite the removal of parole violators to theState's correctional system. Specifically , he proposed thatthe Parole Board resume holding hearings in CIFM so as toreduce the average length of stay of parole violators in theCity system.

The Department's representatives acknowledged Mr.Schulte's point and then left the meeting. TheVice-Chairman then suggested that the Board members continueto discuss the existing variances submitted for approval.

Mrs. Singer requested an update on the activities of theBoard staff since the October meeting.

Mr. Wolf responded that in addition to attending to thevariety of issues which confront the staff on a daily basis,a great deal of effort had been focused on the previouslydiscussed verification of compliance in CIFM, as well theanalysis of the proposed plan for the operation of the BibbyVenture.

Mr. Horan moved that the Board approve the Department'srequest for the renewal of all existing variances, andfurther recommended that the Board direct its staff toanalyze the extent to which the Department actually needseach of the variances currently in existence . The motionwas seconded by Mrs. Singer , and,,passed unanimously.

Mr. Schulte , following up on the discussion held duringthe October meeting concerning the Guardians' allegations ofunfair disciplinary practices , asked if the Board staff haduncovered any evidence of racial favoritism in institutionsheaded by black wardens. Specifically , Mr. Schulte referredto the North Facility as an example.

Jim Bennett replied that Board staff had uncovered nosuch evidence, due to limited data from the North Facility,adding that the analysis of disciplinary practices at thatinstitution was largely non-conclusive. He further statedthat he had analyzed the discipline meted out to officerscharged with being AWOL, and had found no evidence of aracial imbalance.

The meeting was adjourned at 3:40 p.m..