MA DOC Income & Expense Report 2014-2015, Norfolk Lifers Group, 2015
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A REPORT ON THE INCOME AND EXPENSES FROM MASSACHUSETTS DEPARTMENT OF CORRECT tON'S CENTRAL INMATE BENEFIT FUND CENTRAl. LAW LIBRARY ACCOUNT AND CENTRAL PROGRAM ACCOUNT FOR THE PERIOD JULY 1, 2014- JUNE 30, 2015 By Gordon Haas Chairman Norfolk Lifers Group MCI-Norfolk . P.O. Box 43 Norfolk, MA 02056 OCTOBER 2015 TABLE OF CONTENTS Highlights Introduction 1-2 Central Inmate Benefit Fund (Z-1) 2-5 Central Law Ubrary Account (Z176) 5-6 Central Program Account 7-8 Ave Year Comparison of Income and Expenses For The Central Law Ubrary Account 8 Ave Year Comparison of Income and Expenses For The Central Program Account 9 Two Year Comparison of Income and Expenses For The Central tnmate Benefit Fund 10 Conclusion 10-H Highlights of Report On Central Inmate Accounts/Funds for 711114-6/30/14 1) As of the publication of this report, it is estimated that over $2,000,000 remains unspent in three Central DOC accounts/funds which were established to provide benefits to prisoners. {Page 10) 2) The total of the Ending Balances of the three accounts/funds - the Central mmate Benefit Fund (CfB), the Central law Library Account {Z176), and the Central Program Account -on June 30, 2015 was $1 ,978,446.54. {Page 10) 3) In Fiscat 2015, a total of $985,763.86 was deposited into the three Central Accounts !Funds. (Pages 2, 5, and 7) 4) Those funds were generated primarily from commissions paid to the DOC from Keefe Commissary Network from sales of commissary, clothing, and appliance items to prisoners. (Page 1) 5) Jn Rscal 2015, a total of $781,631.84 was spent from the three Central Accounts/ Funds. (Pages 2, 5, and 7) 6) $204,132.02 remained unspent in fisatl 2015 from the three Central Office Accounts/Funds. (Page 10) 7) Details of the expenditures of funds from each of the three Central Office Accounts/ Funds are listed on pages 3, 6, anQ.1_ 8) A five year comparison of Income and Expenses for the Central law Ubrary Account and the Central Program Account is presented on page 8. 9) A two year comparison of the income and expenses from the Central Inmate Benefit Fund is presented on page 10. -.~ A REPORT ON THE CENTRAL INMATE ACCOUNTS/FUNDS FOR 1l-IE PERIOD OF JULY 1, 2014- JUNE 30,2015 1.) Introduction The MA Department of Correction (DOC), pursuant to 103 DOC 476.10 (Department of Correction Program Account) and 103 DOC 476.11 (Law Library Account), maintains two separate accounts, ostensibly to provided services or benefits· to inmates. These accounts are funded by monthly assessments of fixed percentages from the revenues taken. in by each institution. The Law Library Account receives 35% [1 03 DOC 476.11 (1 )] of said revenues each month; the Program Account receives 10% [103 DOC 476.10(2)]. Each institution.is required on the 15th of each month to submit an Inmate Benefit Revenue Report indicating the Total Revenue and Expenditures, including the aforementioned assessments. Revenues at the institutional level come primarily from commissions received from Keefe Commissary Network (KCN). The commissions are a percentage of the funds paid by prisoners for purchasing commissary items, clothing, and appliances, including MP3/MP4 music sales, which are returned to the institution as a condition of KCN's being awarded the contract to provide such services; Additional sources of revenue for institutions include commissions received on vending machine sales, interest, soda bottle returns, and locker money collected from visitors. The revenue collected from KCN on commissary sales alone typicaUy comprises over 90% of the monthly income received by institutions. The DOC established the Program Account as "an effort to identify and · utilize all available resources ... to supplement existing programs or funding for new programs throughout the Department." [103 DOC 476.10(1)] The DOC does not in 103 DOC 476 indicate any reason why the Law Library Account was established or how the funds· are to be expended. In 2009, the author of this report inquired why the Law Library Account assessment of 35% was so high? The response from the then Director of Support Services was that the funds were needed at that level in order to complete the installation of the computerized· law library system in all institutions. By 2015, that installation had been finished for at least two years. The Central Inmate Benefit Fund (CIB) (Z1) is not referenced in 103 DOC 476. Z1 accounts are maintained in each institution and the CIB appears to be an extension of the individual institutional Z1 accounts. The DOC does not assess institutional revenue to fund the CIB Fund. The superintendent in each institution is responsible for the spending of the 55% of the revenue remaining in each institution after the assessments to the JCentral Office have been· disbursed. According to 103 DOC 476.12{2): "Expenditures of such funds shall benefit the 1 Central Inmate Accounts/Funds for 711/14-6130115 general inmate population or be for any goods or services determined by the Commissioner to be necessary to maintain and/or enhance the delivery of services to inmates." It should be noted that any expenditure exceeding $1,000 at the institutional level must be given written approval from the Deputy Superintendent, Administrative Services. [1 03 DOC 476.12(5)] The instant report presents data and comments on the income and expenses into and from three Central accounts relating to inmate funds. In addition, there are comparisons of total income and expenses of both the Program Account and the Law Ubrary Account for fiscal years 2011 through 2015. Data for the Central Inmate Benefit (CIB) (Z1) has been collected by the author of this report only for fiscal 2014 and fiscal 2015. Consequently, a comparison for the CIB for those two years only is included. The superscript numbers indicate corresponding items in Comments sections after the presentation of the balance sheets, sources and uses of funds for each of the three accounts/funds. To review the report on these three accounts for Fiscal 2014, as well as other reports produced by the Norfolk Ufers Group, go to: www.realcostofprisons.org/writings. The author of the instant report and the Norfolk Ufers Group thank Lois Ahrens of The Real Cost of Prisons Project for her much valued support, including the postings of this report and others on the above noted website. Please direct any comments or questions regarding this report or any others produced by the Norfolk Ufers Group to the author (MCI-Norfolk, P.O. Box 43, Norfolk, MA 02056) who is solely responsible for their contents. 2) Central Inmate Benefit Fund (CIB) (Z1) a) Balance Sheet (as of 6/30115) $838,192.711 Beginning Balance (7/1114) +Income 101.266.94 Subtotal 939,459.65 -Expenses 322.502.12 Ending Balance (6/30/15) $616,957.53 b) Sources of Funds (711114- 6/30/15) $65,169.36 17,149.252 10,135.593 6,475.60 1,415.06 920.05 2.00 $101,266.94 SecurePak Commissions MP3 Commissions Transfers From Other Funds Access Commissions Interest Convertor Boxes Inmate Restitutions Total 2 Central Inmate Accounts/Funds for 711114-6/30115 2) Central Inmate Benefit Fund (CIB) {Z1) c) Uses of Funds (7/1/14- 6/30115) GYM Floor- Walpole Phone Interpretation Fees Cabling System at MCI-F Swank Contract General Ubrary Transfer to MASAC IBF Repairs to Shattuck Twenty laptops Verizon Check Printing 3 Washers I 3 Dryers - MTC Freezer Adjustment to BSH IBF Reentry Resource Com. - MCIN Advertisement in Boston Herald Office Supplies Bookcase Shattuck - Security Pens MassCor $66,443.00 53,194.25 49,163.36 46,575.004 25,000.00 20,000.00 15,186.11 14,678;4.{)5 9,260.00 8,798.96 5,130.00 4;075.00 1,711.98 1,450.4~ 883.14 347.28 322.94 149.64 132.65 $322,502.12 Total d) Comments on Central Inmate Benefit Fund (CIB) CZ1) 1. This balance exceeds the ending balance for 6/30114 as computed by the author in the 2014 report by $97,888.18. The difference can be accounted for by the fact that the author did not have a beginning balance for 711/13 and thus assumed a beginning balance of $0.00. The beginning balance for 7/1/14 was calculated by the author based on the data provided by the DOC for Total Income into and Total Expenditures from the CIB up to 7/1/14; Given the data received for the last two fiscal years, it now appears that the CIB beginning balance on 7/1113 was $97,888.18 2. In an amendment dated 7118/13 to the contract with Keefe Commissary Network {KCN), signed by then Commissioner of Correction Luis Spencer, the DOC agreed to several alterations. The changes relating to this report were as follows: a) all MP3/MP4 players and accessories "will be non-commissionable items." Thus, the DOC does not receive any commissions on sales of MP3/MP4 players or accessories purchased by prisoners. Consequently, KCN retains an profits on such sales. {p.2 of 7/18113 Amendment); b) The DOC would, however, receive $0.13 for every song purchased and downloaded to MP3/MP4 players by prisoners. (p.2 of 7/18113 Amendment); 3 Central Inmate Accounts/Funds for 711/14-6130115 c) Kiosks are to be installed by KCN for use in commissary purchases by prisoners, including songs. The kiosks "shall remain the property of KCN at all times during the Contract duration period." {p.3 of 7/18113 Amendment); d) The commissions paid to the DOC by KCN on commissary sales would be reduced from 18% to 14.95%. The purpose of the this reductiOn is to reimburse KCN for $1 ,312,549, the projected cost of installing the Kiosks. The commission rate is to retum to 18% once KCN has been reimbursed the installation costs. {p.4 of 7118/13 Amendment); On 10/31/13, the DOC, signed by Contract Manager Brian Keaman, agreed to another amendment to the contract with KCN. The only change relevant to this report was that the commission paid to the DOC from KCN for each song purchased and downloaded by prisoners was reduced from $0.13 to $0.05. As a result, KCN, which charges $1.85 per song, retains $1.80 from the sale of every song to prisoners. Thus, the only commission amount received by the DOC from the sales of MP3/MP4 players, accessories, and songs is 5¢ for each song. In the data provided by the DOC for the CIB for 711/14 - 6/30115, there were two separate recurring entries as income noted as either MP3 songs or simply MP3 Commissions. The total for the specifically noted entries as MP3 songs was $8,291.20. The total for the other designation was $8,858.05. Assuming the DOC was adhering to the amendments listed above, then both sets of entries should be considered for the purchase of songs since that is the only category for which KCN is contractually obtigated to remit commissions to the DOC, specifically to the CIB. Thus, assuming the entire $17,149.25 received in commissions from KCN were for songs at 5¢ per song, then 342,985 songs were purchased by prisoners in fiscal 2015. Had the DOC not agreed to reducing the commissions paid by KCN on songs from 13¢ to 5¢, the DOC would have received $44,588.05 in revenue from KCN for the 342,985 songs purchased by prisoners. tn summary, in agreeing to these two amendments, the DOC, in effect, lowered the commissions paid to individual institutions on commissary sales, by far the largest source of revenue for each prison; agreed to reimburse KCN for more than $1.3 mHiion for installing the kiosks; agreed that KCN maintained ownership of those kiosks and could remove them if the DOC terminated the contract with KCN; and agreed to allow KCN to keep all profits from the sales of MP3/MP4 players and accessories. It is also significant to note that in lowering the commissions paid by KCN on commissary sales, none of the funds the DOC agreed to forego were returned to prisoners in the form of tower commissary prices. 3. Includes a transfer of $9,260.00 from the law Ubrary Account {2176). 4 Central Inmate Accounts/Funds for 7/1114-6/30/15 4. It is interesting that the DOC continues to pay annually over $46,000 for a licensing fee to Swank for the renting videos to be shown in those institutions which have internal cable systems. It would seem the money would be more productively spent investing in an appropriate cable system which would broadcast sporting events as well as movies and other educational programs. Sporting events are important for prisoners and those events are rapidly disappearing from local and national television stations. The DOC needs to explore options for introducing a cable system which meets correctional requirements now, rather than later. As win be demonstrated, there is plenty of money available to introduce cable·in all institutions. 5. It is difficult to understand how the purchase of twenty laptops benefited any prisoner. What are these Laptops used for and where? The DOC should also investigate tablets and/or laptops for prisoners. Using tablets would reduce the amount of paper, books, and magazines retained by prisoners. Tablets are available which have been configured to meet the security needs in correctional institutions. Such tables have been introduced in other prisons and jails in the country. 3) Law Ubrary Account (Z176) a) Balance Sheet {as of 6/30/15) $579,336.061 Beginning Balance (711114) +Income 680,784.47 35% Assessments Interest GTL 1,418.46 1.066.47 683,269.402 Totallncome 1,262,605.46 Subtotal 279,206.843 -Expenses $983,398.624 Ending Balance {6/30115) b) Sources of Funds (711/14- 6/30/15) 35% Assessments from tnstitutions5, 6 Interest GTL Commission? $680,784.47 Total $683,269.40 5 1,418.46 1.066.47 Central Inmate Accounts/Funds for 711114 - 6/30/15 3) Law Library Account (Z176) cont. c) Uses of Funds (711114- 6/30/15) Lexis Nexis Thomas Reuters - West Verizon CITRIX 200 Licenses Transfer of Funds to IBF Lawyers Weekly Lawyers Diary Matthew Bender BNA $117,112.06 75,919.82 54,031.71 11,000.00 9,260.00 6,443.00 4,127.00 890.67 Total $279,206.84 422.58 d) Comments on Central Law Library Account {Z176) 1. Calculated by the author by subtracting Total Expense Transactions on 711/14 {$6,327,739.95) from Total Income Transactions {$6,907,076.01} on the same date as noted in the data provided by the DOC. 2. Does not include income listed from voided checks. 3. Does not include expenses for which checks had been voided. The income and expenses for those entries offset. 4. The current -balance in the Law Library Account on 9114115, the date the data was printed, was $1 ,083,899.38. 5. The Assessments for NCCI for July 2014 ($3, 767.68), entered on 8115/14 (Receipt fl 26341970) and for August 2014 ($3,767.68), entered on 9111114 (Receipt #26513194) were identical. This is an anomaly which bears investigation. For these both to be accurate, the totalof all income received by the institution for each of those months would have to have been equal. That is highly unlikely. 6. The Assessments for SMCC for November 2014 {$1,174.95), entered on 1219/14 (Receipt #27071639) and for December 2014 {$1,174.95), entered on 1/20115 (Receipt #27326526) were identical. This is an anomaly which bears investigation. For these both to be accurate, the total of alt income received by the institution for each of those months would -have to have been equal. That is highly unlikely. 7. On 11/26/14 (Transaction #26993111) $1,066.47 was entered as - GTL Oct 2014 BSH. If this was for telephone commissions from GTL, it should have been deposited in the Central Inmate Benefit Account (CIB). The amount has been included as a Source of Funds in the Law Library Account for fiscal 2015 as the $1 ,066.47 was not transferred to the CIB. 6 Central Inmate Accounts/Funds for 711114 ~ 6/30/15 4) Central Program Account a) Balance Sheet {as of 6/30/15) Beginning Balance (711114) $366,045.75 +Income 201.227.52 Subtotal 567,273.27 -Expenses 189.182.88 $378,090.391 Ending Balance {6/30115) b) Sources of Funds (711/14- 6/30115) 711114 -11114/14 11115114- 1/9115 1110115 ~ 6/30/15 $62,722.88 35,078.25 103,426.39 Total Income $201 ,227;522 c) Uses of Funds (711114 - 6/30/14) BSH Day Rooms BSH Comfort &Quiet Rooms Framingham Restart Chairs NECC Auto Alignment NCCI Building Trades Met-Norfolk Welding Bay State Smart Boards MCI-C Restart Chairs SBCC Barber Chairs NCCI. Small Engine Uft BSH Art & Therapy Indirect BSH Keyboards $127,302;00 14,309.84 11,413.75 10,301.28 8,73253 5,713.78 ·4,382.29 2,082.75 1,678.00 1,585.00 902.00 625.76 153.90 Total $189,182.883 d) Comments on Program Account 1. The data provided by the DOC shows an ending balance on 6/30/15 of $378,244.29. See oomment #3 below for an accounting of the difference of $153.90. 2. The data provided by the DOC did not specify the individual sources of income. 103 DOC 476 requires each institution transfer to the Central Program Account 10% of its total income for that month. Another source is· Interest earned on account balances. 7 Central Inmate Accounts/Funds for 711114 - 6130/tS d) Central Program Account Comments cont. 3. The final listing of Total Expenses as of 6/30115 did not include the $153.90 spent for BSH Keyboards listed on the data provided by the DOC for the Program Account for the period 711114 - 11114/14. As a result, the Total Expenses for the Program Account in this report exceeds the Total Expenses on 6/30115 as provided by the DOC, by $153.90. 5.) Ave Year Comparison Of Income And Expenses For The Law Library Account <Z176) 2014 2011 2012 2013 Income 673,958.46 718,915.52 833,678.62 736,571.30 683,269.40 Expenses 461.436.43 462.747.50 378.892.25 1 .208.127.061 279.206.84 212,522.03 256,168.02 454,786.37 404,062.56 Net {471,555.76) 2015 1. includes a transfer of $800,000 to the Central Inmate Benefit Fund {CIB). Expenses for actual Law Library items, excluding that transfer totaled $408,127.06. The total income for the five year period was $3,646,393.30. Total expenses for the period was $2,790,410.08, leaving a surplus of $855,983.22. The total expense figure cited above excludes the $800,000.00 transfer to the CIB in October 2013 as noted above. The average annual expenditures for the five year period from the Law Library Account, excluding the $800,000.00 transfer was $558,082.02. The average annual income for the five year period was $729,278.66. As was noted in the 2014 report on the Law Library Account, the 35% assessment charged to each institution remains exceedingly high. That fact is emphasized by the continued transfer of funds from the Law Library Account to the CIB. Note the transfer of $9,260.00 from the Law Library Account to the CIB in Rscal 2015. (See page 4, Comment #3 of this report.) The 35% ·assessment needs to be reduced to no more than 20%. This will stilt allow sufficient funds to cover actual Law Library expenses and, at the same time, leave more funds at the institutional level to be spent on local needs. If the assessment is to remain at 35%, a decision to be made by the Commissioner, then the excess funds can be used to pay for cable systems at the institutions and/or an increase in inmate wages, which have, save Industries, remained the same for at least three decades, yet commissary, clothing, and appliance costs continue to rise. 8 Central Inmate Accounts/Funds for 711114-6/30115 6.) Five Year Comparison Of Income And Expenses For The Central Program Account 2011 2014 2015 2012 2013 192,348.13 205,489.57 237,076.64 208,973.32 201,227.52 Expenses 154.071.64 213.790.53 132.634.22 92.438.98 189.182.88 104,442.42 116,534.34 12,044.64 Income Net 38,276.49 The total income for tr.e (8,300.96) five year period for the Central Program Account was $1,045,115.18, an average of $209,023.04 each year. The total expenses for the Central Program Account for the same period was $782,118.25, a yearly average of $156,423.65. The total surplus in the Central Program Account, not including the beginning balance on Juty 1, 2011, was $262,996.93 or an average of $52,599.39 per year. The ending balance for the Central Program Account on 6/30/15 {see p. 7 of this report) was $378,090.39. Tr.e differ-ence- $115,093.46- between the 6/30/15 ending balance and the total surptus ($262,996.93) for the five year period woutd be the beginning balance in the Central Program Account on 711/11. ·It is cfifticult to understand the need for the Central Office to simply stockpife nearly $400,000 in an account earmarked for programs to benefit prisoners. tf the DOC Central Office does not know vr'here or how such funds can be effectively spent, then the funds should be returned to the individual institutions in proportion to the amounts each institution contributed. One· area which cries out for a financial infusion is vocational training. It is clear that securing an adequately paying job upon release is one major factor in assisting a prisoner who has returned to society to remain out of prison and be a productive ·citizen. PrisoneiS need such training. Utitizing the nearly $400,000 left in the Central Program Account on June 30, 2015 for developing and implementing effective vocational trairbng programs at the institutionat level woutd be an exceHent appfication of such funds. Every institution need not offer every vocational program. Rather, to eam the best retum on the investments, certain state--of-the·art vocational prograr'Tls coutd be estabfJShed in specific institutions, e.g., welding in one, auto or computer repair in ariOther, and so forth. Prisoners who desire to learn a particutar trade or skit! can then be transferred to the app.'Vpriate institution. 9 Central Inmate Accounts/Funds for 7/1114-6/30115 7.) Two Year Comparison Of Income And Expenses For The Central Inmate Benefit Fund 2014 2015 Total Income 881 '180.611 101,266.94 982,447.55 Expenses 140.876.08 322.502.12 463.378.20 Net 740,304.53 (221 ,235.18) 519,069.35 1 Includes the $800,000 transfer from the Law Ubrary Account in October 2013. There is only a two-year comparison for the CIB because the author has data for just Fiscal 2014 and Fiscal 2015. A combined surplus of nearly $520,000 is consistent with the surpluses in the other Central Office accounts and how the DOC is managing, or failing to manage, those funds, i.e., stockpiNng funds - a very inefficient use of funds. 8.) Conclusion In FiscaJ 2015 alone, the combined net amount of funds i.e., Income - Expenses, excluding the beginning balances in each account, was $204,132.02 (excludes the transfer of $9,260 from the Law Library Account to the CIB - see page 6.) That underspending cries out for an explanation. Even more staggering, however, is that the total amount of the Ending Balances in the three accounts on June 30, 2015 was $1 ,978,446.54! Nearly $2 mntion - $616,957.53 in the CIB (31%), $938.398.62 (50%) in the Law Library Account, and $378,090.39 (19%) in the Central Program Account - was left accumulating a minuscule rate of interest. Assuming that this mismanagement of funds continues to the present day, then the total amount of unused funds in the three accounts must now exceed $2,000,000. On June 30~2014, assuming the revised beginning balance on July 1, 2013 of $97,888.18 (see page 3), the total surptus in the three accounts was $1,784,326.13. Thus, in Fiscal2015, the total surplus of unused funds in the three accounts increased by $194,120.41! See Table below of the total surpluses for 2014 and 2015. 2014 CIB 2015 Net 838,192.71 616,957.53 (221 ,235.18) Law Library Account 580,087.67 983,398.62 403,310.95 Program Account 366,045.75 378,090.39 12.044.64 Total 194,120.41 10 Central Inmate Accounts/Funds for 711114-6/30/15 The public-at-large, the legislature, the prisoners who are retumir.g to society iH prepared for the transition and without the requisite skills to be productive {;ittzens, and the prisoners remaining in prison seeking rehabilitation aU deserve an answer to one simple question: What good does the DOC see in taking funds from the hands of those who can use them best - the institutions - and then simply holding those funds in the DOC's c-entral accounts? The DOC continues to misuse funds earmarked for benefiting inmates, and, presumably society as a whole, by failing to adequately prepare prisoners to function as lawabiding citiz"E!ns rather than retur-ning to prison again and again and again. U is difficult to believe, therefore, that the DOC is serious in fulfilling its mission to protect the public by reducing recidivism. tt is not unreasorable to suggest that, if the DOC remains intransigent in its refusal to use the funds effectively which it has assessed from the institutions, then the Commissioner needs to revise the assessment rates downvtai-d to allow more funds to be retained at the institutional level or seek out and find those who are ready and able to introduce the programs and services which actual~ benefit prisoners and society. - End of Report -