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Sheriff told to ease crowded cells

By David Rising, Standard-Times staff writer

NEW BEDFORD -- Bristol County Sheriff Thomas M. Hodgson was ordered yesterday to eliminate overcrowding in cells and to stop using the Ash Street Jail as a holding facility for local police departments.

The order has local police worried about where to house their overnight prisoners. The largest police department in the area -- New Bedford -- is moving to a temporary building in late December where there are no cells.

Suffolk County Superior Court Judge John C. Cratsley ordered Sheriff Hodgson to provide long-term Ash Street Jail inmates with their own cells, and to reduce to two the number of inmates in each cell at the Dartmouth House of Correction.

Judge Cratsley also forbade the practice of having women prisoners sleep on "port-a-bunks" in a common area in the Dartmouth facility.

Sheriff Hodgson was ordered to stop reserving 30 cells at Ash Street for overnight prisoners.

The edict came as part of Judge Cratsley's ruling on a preliminary injunction requested in a civil rights lawsuit filed by three Bristol County inmates who alleged they have been subjected to cruel and unusual punishment because of overcrowding.

Yesterday, there were 727 inmates housed in 309 cells in the Dartmouth House of Correction, and 206 prisoners housed in 180 cells in the Ash Street Jail.

Judge Cratsley ruled Sheriff Hodgson could keep the regional lockup open only after he complies with the one inmate, one cell order. The judge has given a Nov. 16 deadline for compliance.

"If that regional lockup closes, I don't know what we'll do," said Fairhaven Chief Edward Silva. "We have no holding facilities at all -- it would be devastating to us and to all of Bristol County."

Arthur J. Kelly III, who was hired as New Bedford's chief a little more than a year ago, made it a top priority to have overnight prisoners from his department placed in the regional lockup. His actions came on the heels of a costly settlement with the family of Morris Pina, who died while being held as a prisoner in the New Bedford lockup.

If the judge's order results in the shutdown of the regional lockup it would leave New Bedford prisoners with no place to go.

"It's a significant problem," Chief Kelly said. "We are dependent on a regional jail approach and we anticipate a solution will be reached."

Judge Cratsley did however rule on several items in the Sheriff Department's favor.

He said Sheriff Hodgson's plan to add two new fire exits to the Ash Street Jail was sufficient to keep the jail from being shut down until it was brought up to the fire code.

Judge Cratsley also ruled Sheriff Hodgson's policy of having inmates pay a small portion of their medical bills was acceptable.

And the judge did not appoint a "Special Master," which the plaintiffs had requested to oversee the jails.

Both sides claimed victory in the judge's ruling.

"Overall, it's a major victory for the inmates," said attorney Greta A. Janusz who, with attorneys Lisa M. Otero and Douglas W. Salvesen, filed the class-action suit in August.

"This is just a preliminary stage, but it is a victory in that we have been able to show a judge that they were facing cruel and unusual punishment at the Ash Street Jail and in the Faunce Corner facility."

Sheriff Hodgson said the ruling showed the judge had given his department a "Good Housekeeping seal of approval."

"I am pleased he felt we have been taking the steps to move the facilities forward," Sheriff Hodgson said.

The sheriff said he was going to do everything in his power to keep the regional lockup available to police departments.

The Dartmouth cells were built to hold two prisoners, but many have a third prisoner on a portable bed on the floor. By the end of October, Sheriff Hodgson said a new 300-bed modular facility would be open at the Dartmouth site, which would make it easier to keep the number of inmates per cell to two.

In the Ash Street Jail, the sheriff said he planned to immediately start work on refurbishing 35 cells that are not currently in use.

With some possible shuffling of prisoners between Ash Street and Dartmouth, the sheriff said he was confident he would be able to comply with the judge's orders and to keep the regional lockup open.

"We've got to work with what we've got and figure out how to do it, but we'll be successful," Sheriff Hodgson said.

But Sheriff Hodgson said he disagreed with the ruling against double-bunking prisoners at Ash Street, saying it acted as an "added safeguard" against suicides.

He added that he thought it was the taxpayer who would suffer most from the judge's ruling by having to pay for cells to be refurbished.

"I think it's sad that once again the taxpayers are going to be asked to give up benefits because inmates say they want more space," Sheriff Hodgson said.

The regional lockup is currently used by Fairhaven, Acushnet, Freetown, Berkley, Dartmouth and New Bedford.

The departments are billed $50 per prisoner per 24-hour period, but say the lockup keeps them from paying officers overtime to watch prisoners, eliminates the need for cells on site and protects them from civil liability.

Chief Silva said his department usually only has three to five officers on duty at any given time, and to have to spare one or two to watch prisoners all night would be an overwhelming burden.

"The regional lockup is the solution, and I think the bottom line is to do whatever can be done to keep it open," Chief Silva said.

Sheriff's Department attorney Michael Murray said yesterday he was going to appeal Judge Cratsley's decision.

According to Judge Cratsley's order, he will hold a status hearing on Dec. 4 to review compliance with the preliminary injunction.

Staff photo by David Arruda Jr.
Bristol County Sheriff Thomas Hodgson talks to the media during a news conference yesterday afternoon at the Dartmouth House of Correction.