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HomeMy WebLinkAboutCOMM - Meeting Minutes - 14-P - 2-19-1975 - PRISON BOARDSALARY MINUTE BOOK 405 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN, JOHN P. BEVEC, JOHN MAZZA, COMMISSIONERS Minute No. 14-P Office of the County Commissioners Washington, Pa., February 19, 1975 The regular meeting of the Prison Board of the County of Washington met in the Public Meeting Room at 11:30 a.m., February 19, 1975, with the following members being present: Sheriff Debreczeni; Commissioner Flynn; Judge Gladden; Judge Hanna; Controller Mascara and Judge Simmons. Absent being: District Attorney Costa; Com- missioner Paluso and Judge Sweet. Also being present: Warden Roupe, Bob Robertsw of the Observer -Reporter and Assistant Solicitor' Gilmore. Chairman asked if there were any corrections, additions or omissions to Minute No. 13-P, dated January 15, 1975, each member having received a copy. Moved by Judge Gladden, seconded by Judge Hanna, that Minute No. 13-P be. approved as circulated. Motion carried by unanimous vote cast by the Board signifying their approval verbally by stating "Aye." Warden's Report: Warden Roupe stated that at the last meeting, the Board discussed the Alcoholic; nonymous Program at the County Jail, and stated that on January 16, 1975, two men from e AA Program met with four inmates. Warden stated that one inmate was taken to the reen Valley Farm on January 28, and the other was taken to the Washington Hospital. - Warden Roupe then stated that on January 28 and 29, Inspector Tim Fraley onducted an investigation at the Jail concerning prisoners' complaints. Inspector Fraley tated that two items could be changed if possible - the restriction of personal letters and he 15 minute visiting period. Warden Roupe stated that the only time the visits are limiter o 15 minutes is when there is an overflow of visitors. Regarding the mail, Warden Roupe ated that the prisoners are permitted to send out two letters per week to their family, r any official, newspaper, judge, etc. Warden stated that Inspector Fraley was satisfied ith his explanations, and there were no other complaints. Warden Roupe then stated that two students from W & J College completed in-service training at the Jail, and Professor Pilgrim was very pleased with the help students received from this training. Warden Roupe stated that on February 9, 1975, a prisoner, Robert Steele, ahk some disinfectant at $fl p. m. , and was taken to the Washington Hospital to have is stomach pumped. Steetg , e,scaped from the two Guards at the exit door of the hospital nd has not yet been apprehended. Warden Roupe stated that he talked to the Sheriff the ext morning and the Sheriff stated that he was not notified of the escape. f S A L ARY M VN U7E BOOK BOARD .OF COUNTY COMMISSIONERS WASHING -TON COUNTY, ,PENNSYLMANIA MICHAEL R. FLYNN, JOHW P. SEVEC,_JOHN MAZZA, COMMISSIONERS Warden Roupe then stated that on February 10, 1975, three girls from the Philadelphia Strike Force were at the Prison to talk with the inmates and to inspect the Jail. Warden stated that the strike force talked with both male and female inmates. Warden stated that in the past, we have been charging $7.42 for maintaining the U. S. Marshal prisoners; the new contract to be effective as of March 1, 1975, is $9.19. Warden Roupe stated that he received a letter from Stewart Werner, Commissioner of Correction, regarding prisoners' care in state institutions. Said letter stated that the Bureau of Correction will bill the appropriate authority in the county for the services beyond those ordinarily provided at a state correctional facility, i.e., any "outside" hospital care, related doctors' expenses, the cost of "outside" consultants and the cost of custodial supervision related to "outside" services. Said letter also stated that the Bureau of Correction will bear the cost of medical care which can 'be provided by the staffs at state facilities. Warden Roupe stated that due to the sickness of employees this past month, the annual report has not yet been completed. (Commissioner Jones entered the meeting.) Remarks: Controller Mascara asked if a written report concerning various studies was submitted to the Warden. Warden stated that he did receive a copy of the annual report and that he would get copies of it and attach them to his report next month. (Solicitor Bigi entered the meeting.) Judge Gladden asked if the Guards at the Jail were notified that the AA Program has gone into effect. Chairman stated that this has been taken care of. Judge Gladden stated that it was reported to him that these men meet in a cage at the Jail, and stated that he didn't think this was physically big enough` --and that he thought some other arrangements could be made. Chairman stated that this situation has been corrected and the men now meet in the infirmary. Commissioner Jones asked if all the guards have been notified of this. Chairman stated that they have been. Chairman then stated that in regards to the February 9, 1975 incident that the Warden has reported, his office is making an investigation. Chairman stated that they do have a lead on him and are continuing the investigation. Chairman asked Warden Roupe if he has monthly meetings with his staff. Warden stated that he does have shift meetings. Chairman stated that possibly there is a cgmmuni.cation breakdown, and if the the Warden had meetings with the guards, that they would know exactly what to do. Old Business: None New Business: Judge Simmons stated that he received two letters from two inmates of the Jail; one from Raymond Gregg and one from James Russell Tyree. Judge Simmons then read each of the letters. Judge Simmons stated that in his opinion possibly we should make copies of the letters and give them to the Public Defender and have him interview these people to see what SALARY MINUTE BOOK 1 4 02V 7 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, PENNSYLVANIA MICHAEL R. FLYNN. JOHN P. BEVEC, JOHN MAYYA, COMMISSIONERS these complaints are. If he feels that they have some justifiable complaints, they should be brought to our attention. Judge Simmons stated that he thinks it would be better for someone other than a board member to interview these people, such as a public defender, who would be neutral and act in the interests of the prisoner. Remarks: Judge Hanna stated that he sentenced Raymond Gregg, and has talked with his parole officer and got the impression that he just wants out. Judge Hanna stated that Gregg claimed that he was being forced into homosexual experiences. Judge Hanna stated that he has been at the Jail a number of times to check this complaint and stated that he thought it would be rather difficult to force anybody to do anything in that particular jail cell. W. Jones asked if the Committee that was set up should be investigating these complaints. Chairman stated that we do have a committee set up, and that they have had complaints like this before. Chairman suggested that the Board make it a policy that any person that receives a letter as a member of the Prison Board, turn it over to the committee, and if any action is necessary, they will bring it before the Prison Board. Judge Gladden stated that he thought Judge Simmons made a very good suggestion and that this is a matter which should be considered either by the Committee that was set up especially for this purpose or by the Board of Visitors. Judge Gladden stated that he thought that the Board should utilize the services of the Public Defender who can make an Fimpartial report on the substance of the complaints, or at least outline what they are. Judge Gladden further stated that he thought that a good procedure to follow is that when we get letters from prisoners, they be turned over to the Committee initially, then referred to someone like the Public Defender who would interview these prisoners and define the areas of complaint. (Judge DiSalle entered the meeting. ) Judge Simmons stated that he thought it would be dangerous for the Boar d to go down to the Jail and interview these prisoners, because we are more or less judging the case and if we are down there investigating, we may become partial or involved in some matter. Chairman stated that the only answer he has to that is that the Court's upstairs find fit to relieve themselves when they have some point of conflict that they are interested in; we have an oath of office as elected officials, the public defender is an appointed position, we have a responsibility to take care of the Prison. Judge Simmons stated that they also have a responsibility to protect the constitutional rights of the prisoners. Chairman stated that he cannot see where the Public Defender has any reason to come into something like this. Judge Hanna stated that usually the Public Defender defended this person and it seemed to him that the sense of impartiality of the Court should be a lot more obvious than that of the Public Defender. Judge Hanna stated that he should go down to the Jail as an advocate of the man. Judge Gladden stated that he would not be making the decision, just defining the issue. udge Simmons stated that he thought the Board would get further ahead if the Public Defender could investigate the matter. Judge Simmons further stated that someone has to take an dvocary position in regards to vindicating the right of the prisoner, and we can't do that. udge Hanna stated that the Public Defender's position is representing the prisoners. (Further discussion was held.) udge Hanna stated that what bothers him is that he doesn't want to get into a situation that just ,ecause a prisoner has an ability to constantly grieve pressure, that we look at him any .ifferently than anyone else. Judge Hanna stated that we have to give him hisrights and listen D his complaints, but there has to be a limit to the number of complaints a man can make. Commissioner Flynn stated that in one 'communication the Judge referred to, the prisoner stated that he would like to meet with a member of the Board, and Mr. Flynn stated that the Board, in their official capacity, comprise this Prison Board and the reason why we are here i ,,A98 r . . SALARY MtNLi`TE,BQOK BOARD ,OF COUNTY COMMISSIONERS,—, , WASHINGTON COUNTY, PENNSYLV,kNIA MICHAEt R. FLYNN, JOHN,P. BEVEC, JOHN MAZZA, COMMISSIONERS because of our official capacity. _But we do -not act in that cagaauy as members of the Prison Board. Commissioner Flynn stated that he thought it was incumbent that the members establi the fact that no one has a right to go into the Jail and question any prisoner. Judge Simmons stated that that is why the Public Defender should investigate this. Commissioner Flynn stated that the Board can go into investigate as a Committee, but not as an individual, because this is contrary to law and contrary to the concept of the Prison Board and everything else, and this is what causes trouble. Commissioner Flynn stated that the Board had this problem before about accusations being made about homosexuality and thorough investigations have been made and there were no foundations for these accusations; however, Mr. Flynn did insist that no one man go into the Jail. Moved by Judge Simmons, seconded by Commissioner Flynn, that these complaints be referred to the Public Defender and that he should go in and interview these men to see if their complaints are legitimate, and if so, he should take appropriate action; and in event that he finds them not legitimate complaints, he should also so advise the Board. Roll call vote taken: Judge DiSalle - Yes; Judge Simmons - Yes; Judge Hanna - Yes; Mr. Flynn - Yes; Judge Gladden - Yes; Mr. Mascara - Yes; Mr. Jones - Yes; Sheriff Debreczeni - No. Motion carried. Comments: Chairman then asked what the purpose of the Committee was that they have appointed for this year. Judge Simmons: I'm goingto answer your question in a hypothetical situation. Let's suppose this Committee goes down there with a pad and a pencil and the young man makes certain allegations and statements and so forth, and later on he denies them, or says that he was misunderstood, or in some manner made an admission that he shouldn't have made, we are in all kinds of problems. Chairman asked if the Board would have a problem when a five man committee sits in. Judge Simmons stated that it wouldn't look good. Judge DiSalle stated that he assumes that if the prisoner has private counsel, he would be permitted to engage private counsel. Chairman then stated that if there are any complaints that come to any member of the Board, they will be turned over to the Chairman to then be turned over to the Public Defender's Office. Judge Simmons then stated that the Public Defender would interview the prisoner, or his private counsel, to find out if the charges are valid, and the Public Defender would make his recommendation as necessary and will at least report the general tenure back to the Prison Board for action. Judge Simmons stated that this motion is just for the two cases referred to at this meeting. Judge Hanna stated that the prisoner must convince an attorney that he has a case before the Board will listen to it. Judge Simmons stated that the Board will have to presume that every attorney is competent. (Further discussion was held.) Moved by Judge Simmons that in all cases where an inmate has a complaint, it should be referred to the neighborhood legal services, the Public Defender or his private E P counsel, whichever is applicable to vindicate his rights. Motion died for lack of a second. SALARY MINUTE BOOK 429 BOARD OF COUNTY COMMISSIONERS WA,�NGTON COUNTY, PENNSYLVANIA K� MICHAEL R. FLYNN. JOHN P. BEVEC, JOHN MAZZA, COMMISSIONERS 1 L] Sheriff then asked if there was a motion that the Board go back to the five man committee. Commissioner Flynn then stated that he thought it would be sheer fault for any individual to go into the Jail and try to interview a prisoner in an official capacity. Chairman stated it is incumbent upon any member of the Board who receives a complaint to report it to the Board, or if it is a serious nature and cannot wait until the next meeting, a special meeting should be called. Moved by Commissioner Flynn, seconded by Mr. Mascara, that no individual, whether it be a member of the Committee or the Prison Board, take any criticism or action on any of these questions, or to enter the prison for this purpose; the information should be submitted to the Chairman of the Board and he -has a right to call in the other members of the Committee and to meet with the prisoner and his counsel, and a report should be, made in case they do make an adjustment. Remarks: Judge Simmons stated that the counsel should be given prior notice in order to interview and protect the rights of the individual, and if he has a complaint, the complaint should be pre- sented to the person's counsel. Judge Simmons stated that at no time will he go over to the Prison to interview any prisoner himself. Judge DiSalle stated that he thought the Public Defender would be justified in saying that these duties are not within the scope of his jurisdiction. (Further discussion was held.) Roll call vote taken: Judge Simmons - No; Judge Hanna - Yes; Mr. Flynn - Yes; Judge Gladden - Yes; Mr. Mascara - Yes; Mr. Jones - Yes; Judge DiSalle - Yes; Sheriff Debreczeni - Yes. Motion carried. Prison Bills for the Month of January, 1975: Prison Bills for the month of January, 1975, in the amount of $5,157. 85 (Prison Days - 2535). Income from units for the use of the County Prison: for payment. Prisoners Board $ 575.00 United States Marshal $1, 298. 50 Immigration Service $ 14.84 $1, 888. 34 Restitution made by Westmoreland County - $45. 00 Restitution made by U. S. Marshal Michael Buter & Wm. Catena - $10.45 Moved by Judge Gladden, seconded by Judge Hanna, that the bills be approved Motion carried by unanimous vote cast by the Board signifying their approval verbally by stating "Aye. if Meeting adjourned. THE FOREGOING MINUTES READ AND APPROVED: ATT February 19 1975 SECRETARY