Correctional Oversight
Remarks by Attorney General Anthony G. Brown
Ms. Moyd introduced Attorney General Anthony Brown by focusing on a priority bill: the
creation of an ombudsman office that would have independent oversight over the Department of Corrections. The bill was introduced in each of the last three legislative sessions, and in the last it passed the Senate. Ms. Moyd thanked the sponsors of the bill, who have been with MAJR and its partners from the first day: Senator Shelly Hettleman, Senator Chris West, and Delegate Debra Davis have championed the bill. Additional sponsors are expected in the upcoming session. In the years since the bill was first introduced, Ms. Boyd observed, we have seen more inappropriate actions, more
investigations of abuse, and more corruption.
The Ombudsman would be able to investigate allegations and inspect facilities without notice. Complaints could come from family members and volunteers as well as prisoners. The current bill also calls for the creation of a community-based advisory board that would provide information to the ombudsman’s office. Ms. Boyd quoted Angela Davis: “Prisons do not disappear social problems. They disappear human beings.” It is time to shine light on what is happening behind the bars in Maryland.
Ms. Moyd introduced Attorney General Brown, who assumed office in 2023 as the state’s 47th Attorney General. He has served the state government as Lieutenant Governor and as a delegate, serving on the ethics committee in both houses. Mr. Brown has been a leading voice for equity and justice, opposing the death penalty, championing common sense drug safety laws, and working to improve fairness in sentencing.
Mr. Brown said that while he does not come from a privileged background, he counts it a
privilege to serve with passionate stakeholders. He thanked the University of Baltimore Law School for its leadership and thanked MAJR for its work in advocating for evidence-based policy changes.
The Attorney General’s office is tasked with representing the state government as well as serving as the people’s lawyer. For example, it represents people who provide custody and care, small business owners, and people who are incarcerated.
The issues Maryland’s prisons face today have deep historical context. Seventy-one percent of the prison population is Black, but only 31 percent of the state’s population is Black. Eighty-percent of incarcerated Black people have sentences over 10 years (Council on Criminal Justice, 2022). The inequities in the system are not accidental. The shackles of slavery left their mark. The promise of reconstruction was betrayed; Jim Crow laws and
the convict leasing system followed. Bias in drug-related arrests and three-strike laws
disproportionately affected people of color, fracturing families. The impact of mass incarceration resonates through entire neighborhoods, where schools continue to over-discipline Black and brown students, often treating them as criminals before they can spell the word.
Reducing these disparities is one of the Attorney General’s top priorities, a mission that is
consistent with his pledge to focus on equity and delivery of public services. He is determined to root out the underlying drivers of injustice and begin to heal the scars. He is meeting with returning citizens and advocates and going to barbershops to hear the voices of those directly affected by crime and incarceration.
The Office is seeking to foster accountability in the Department of Corrections. It is considering past lawsuits and complaints. It is working on revamping policies on the use of force and treatment of transgender inmates. It has suggested specific measures to protect prisoners’ health and safety to the Secretary. He stressed, however, that inmates, families, and correctional officers are to be served equally. The work of a prison corruption task force has led to several indictments of people involved in contraband smuggling conspiracies. Where the law has been broken, the Office is prepared to take action.
The Attorney General reinforced Ms. Moyd’s call for an ombudsman to ensure more effective corrective oversight and proper treatment of prisoners. The office of the ombudsman must be independent, fully resourced, and credible. In the last session, the Senate rallied behind such a bill. Absence of such a role leaves the system without early intervention and unable to achieve transparency, accountability, and advocacy. The office can help ensure that returning citizens are prepared to contribute positively to their communities.
A similar program has contributed to positive changes in the juvenile justice system, including a reduction in the number of juveniles incarcerated and advocacy for reform. Passing the bill to create an ombudsman’s office for adults will require each and every one of us to be advocates. Mr. Brown stressed the importance of ensuring that the office has adequate resources to do its job. In contrast, the legislature created a special education ombudsman to assist families of children with special needs, but failed to allocate any resources. The office cannot have an impact without resources and access to records.
The journey to rethinking corrections in Maryland is far from simple. However, Mr. Brown
believes that with public support, we can achieve a correctional system that embodies our values.
Questions:
Have you hired returning citizens to work in your office?
I don’t know, but we do have team members who have had encounters with the correctional system and a staffing policy that seeks diversity and equity.
Would the Ombudsman’s office be within the Office of the Attorney General?
I do have oversight over the juvenile justice ombudsman, and that office has broad access to juvenile facilities. It reports directly to the General Assembly. However, the bill passed by the Senate to create an ombudsman for adults includes a provision to receive and act on complaints. Because the Attorney General also represents state correctional officers and unions, as well as state government agencies generally, this would be a conflict of interest. This function would have to be moved outside the office. However, while this is not easy, it is doable, and there are precedents.
Prisoners are encountering barriers that keep them from getting into educational programs. In the absence of an ombudsman’s office, how can we remove those obstacles?
You’ve just made the case for the correctional ombudsman. I’d suggest that advocates convene meetings with correctional leadership. I can help connect you with the right people.
My son is on lockdown 23 hours out of 24 in 100-degree temperatures, sewing garments. The quality of the food is poor. It hurts me to have my child suffer and be unable to do anything to assist. Regardless of what prisoners did, they are human. Can you help?
I do know there are changes in protocols due to understaffing. Distress and many challenges are resulting from this. The Governor is committed to fill vacancies and looking to establish incentives that will increase hiring.
Lea Green, the mother of a lifer and a member of Maryland CURE, asked, “What can we do to help you?”
I need you to stand tall with us in January of 2024 to make sure we have people who can testify to the impact of not having an ombudsman. Your sons’ and daughters’ experiences can be heard. Members of Congress don’t necessarily have a relationship to the issues. We can give them evidence and data and percentages, but we need the faces and stories behind those numbers. Stories make the situation real. We will meet you in Annapolis!
Health care in prisons is negligent and can result in deaths. One man with a mental disorder was murdered in his cell after he was moved to a new unit. People who left gangs have been moved near gang members. Staff refuse to act when they hear of problems. It’s beyond negligent; it’s about life and death. There are especially serious problems in Maryland’s North Branch Correctional Institution that are being covered up.
I have a meeting in reference to in-custody deaths on September 20.
Solitary confinement is overused. Too long is spent in these conditions, which are often imposed for little or no reason. Solitary confinement is considered torture under international law. Do you support legislation to change this?
I do. However, we may need to accept compromises to get a bill that supports the concept but doesn’t give us everything we would like. We have 188 representatives with all sorts of views. We need to be willing to find common ground from which we can continue to move in the right direction.
In closing, the Attorney General promised, “I will use every resource and authority the office has to effectuate positive change – with your help.”
