Vermont Agency of Human Services Secretary Mike Smith testified Tuesday just hours after this year’s legislative session gaveled in, telling members of a House panel about efforts underway to respond to allegations of misconduct and drug use among corrections staff.
Smith spoke early in the afternoon to members of the House Corrections and Institutions Committee, and is scheduled to testify through the week to other legislative panels whose oversight extends to the state Department of Corrections.
“We need to take this as a wake-up call and be real serious about how we move forward,” Smith told members of the House Corrections and Institutions Committee of the allegations regarding corrections staff.
Smith’s testimony Tuesday comes on the heels of reporting last month by Seven Days detailing allegations of sexual abuse and harassment as well as drug use by guards at the Chittenden Regional Correctional Facility, the state’s only women’s prison.
Michael Touchette, Vermont’s corrections commissioner, resigned in the wake of those reports, and last week Smith announced that Tristram Coffin, a former U.S. attorney for Vermont, would be heading an independent investigation into the allegations.
Also, Smith announced at that same time that James Baker, former head of the Vermont State Police, would serve as interim corrections commissioner for the duration of that investigation, which is expected to be completed within 120 days.
Smith told the committee Tuesday he has spoken to U.S. Attorney Christina Nolan, Vermont’s top federal prosecutor. Though she hasn’t told him if she is conducting her own investigation into the women’s prison, Smith told the committee if she did, his agency would “fully” cooperate.
Rep. Alice Emmons, D-Springfield and chair of the House Corrections and Institutions Committee, offered a few words of advice Tuesday to her fellow panel members meeting for the first time since the corrections department scandal broke last month when they were on break.
“Take a deep breath,” she told the committee. “Let’s really work and see what the facts are.”
She talked about allowing an independent investigation that is currently underway to take its course, and for committee members to gather information from the corrections department about policies and procedures already in place.
“I’d really like the committee to get up to speed,” Emmons said, adding that she expected to take more testimony on the matter in the coming weeks.
Emmons also urged Smith to not limit the scope of any reviews regarding corrections to only the Chittenden Regional women’s prison.
“I’m pretty sure some of these issues are happening in the male facilities, let’s be honest about that,” Emmons told Smith.
“Although the investigation is kind of focused on Chittenden, I’ve given the keys to the investigative team throughout the system,” he said, “and urged them to go outside of Chittenden as well so that we can really get a sense of what’s happening sort of systemwide.”
Smith, who took over as AHS secretary in October, issued his own report late last month to Gov. Phil Scott on proposed changes to the corrections department.
Smith’s testimony Tuesday closely followed that report, as he walked committee members through some of his initial findings and recommendations regarding corrections.
Smith’s report and testimony included calls for legislation requiring drug testing of corrections staff and expanding protections for former inmates in the probation and parole system from sexual assault by corrections and probation officers.
The proposals, particularly regarding the drug testing, face strong opposition from the Vermont State Employees’ Association, the union representing corrections staff.
Smith reiterated to the committee Tuesday earlier statements he made that anyone who comes forward with factual information about the alleged abuses inside the prison would not face retribution.
Smith also touched on another point included his report, calling the women’s prison an old facility that is not conducive to rehabilitation.
“I really think we do need to look at a new facility,” Smith told the panel.
Asked after the meeting about the prospects for such a new facility, Smith said he is looking at past plans and looked forward to working with lawmakers to determine if there are viable options.
Past efforts in recent legislative sessions to construct new prison facilities have been met with chilly responses from lawmakers.
Smith also told committee members Tuesday about work already underway to establish independent systems for dealing with complaints from staff and inmates.
Smith also told the committee he is calling for an end to secret agreement and transfers of state Department of Corrections staff who commit misconduct.
The recommendations come after VTDigger reported last month that the state signed off on a secret agreement with Edward Adams, the former superintendent of Southern State Correctional Facility in Springfield, the state’s largest prison, in December 2018.
According to documents obtained by VTDigger following the filing of a public records lawsuit, Adams was demoted to a probation officer position and his rate of pay was maintained at $45 per hour.
However, why Adams was removed from that post remains hidden by the state, with the records released by the state so far that he was investigated after employee “allegations.” VTDigger is pushing ahead in its lawsuit seeking records related to his firing from that position.
Smith also talked Tuesday of efforts to boost the ranks of correctional officers, who have complained about the long hours they work and forced overtime shifts.
He said the corrections department now has two positions focused on recruitment, adding that a review needs to be done of the skills and qualifications for the correctional officer positions.
“We really need to really talk about that in terms of who were bringing as correctional officers,” Smith said. “Secondly, we need to diversify our workforce, it’s predominantly male, predominantly white.”
Smith and Baker, who took over as the interim corrections commissioner Monday, are both set to testify Wednesday before the Senate Institutions Committee.
Baker and Smith, as well as Judith Henkin, deputy corrections commissioner, are scheduled to speak Thursday before the Senate Judiciary Committee.
As the committee meeting drew Tuesday to a close, Smith was asked if the findings of the independent investigation would be released to lawmakers when it’s done.
Smith pledged that would be the case.
“I would get skewered if I kept that report under wraps,” he told the committee.
