NEIGHBORHOOD ADVISORY COMMITTEE  
MONTGOMERY COUNTY DETENTION CENTER

 

Administrative Conference Room, MCDC

  April 18, 2002, 7:30 p.m.

 

Present:County: Mr. Arthur M. Wallenstein; William L. Smith; Cynthia Distance-Thompson, Inmate Services and Programs; Charles (Chuck) Peters, Administrative Commissioner, District Court; Marlene Rone, Assistant to Warden

City of Rockville: Mr. Dwayne Jenkins
Community Representatives: Harvey Ptashek (Tower Oaks), Nancy Schoenfeld (Falls Ridge), Mike Menaker (Rockledge), Gloria Paul (Orchard Ridge), Bill Campbell (Former Community Advisory Committee Chairman)

Mr. Wallenstein stated that Agenda items should be sent in if there was something the committee wanted to get information on or to discuss.

A round-table of introductions was completed with each member stating their community affiliation for the record.

MCDC Re-Use Update: The Re-Use project was approved by the full Council as submitted by Doug Duncan's CIP recommendations. These CIP programs now go to a CIP Reconciliation group and we are hoping it is approved for 'Year 1'. This is a process done with Council members as a part of this reconciliation body. Part I is the Design Development, Parts II, III, and IV are construction phases. Mr. Wallenstein said they all understood it and we hope it will be done as presented.

Some discussion ensued as to what constitutes a requirement for a "public" hearing. It was the consensus of those present that it took only 2 to constitute an acceptable 'public' meeting.

Mr. Wallenstein further stated that the reconciliation and walking around is so they can discuss it without it constituting a public meeting. This must be approved, however, by May 15th, 2002. On April 30th there is a Public Hearing. The Law says if a project amounts to $500,000 or more, you have to have a public meeting and ask if it should go to a vote before the County population. Every meeting, Mr. Wallenstein stated, elicited no negative votes or comments. This group will be in on Phase I for bid and design right on through construction.

There has been one new development, Mr. Wallenstein reported to the committee, and the County had to move quickly to resolve the problem. To explain this development, he asked Charles Peters, The Administrative Commissioner for the District Court, to attend the meeting and introduced Mr. Peters.

In explanation of the new development, Mr. Peters explained that this facility, in addition to being a jail, is a reception and processing center for every defendant criminally charged. When that happens they are arrested, fingerprinted, then brought before a Commissioner. District Court has a group called 'commissioners' who are constitutional officers appointed by the State of Maryland, and who are tasked with the job of placing charges. Commissioners issue criminal warrants, they issue summons requiring persons to appear in Court and process Bail Bonds after the person is assessed.

This is a State Court as opposed to a County Court. Circuit Court Judges don't do what they [Commissioners] do. Circuit Court Judges' duties were briefly explained by Commissioner Peters. Further, District Court is a legislative creation and it has no jurisdiction over Civil matters. District Court Commissioners are the ones hearing charges and decide if there are enough grounds for 'probable cause' in criminal cases. If there are enough grounds then charges are placed and they decide what bond is required. If there is an offense where no bond can be set then they must go before a judge. Consumer Affairs from Montgomery County often bring Licensing charges which then produce charging documents and they can then do warrants or do a summons. They have hearings on the charges and assign bail based on the Law and Maryland Rules and assess a bond, or release on their own recognizance, or no bond and they go see a Judge. All that is done in the Central Processing Unit (CPU) and they serve every law enforcement agency in Montgomery County, including Federal. Four District stations were where the Commissioners were before CPU and we wanted a 'central' place for the Commissioners.

When the Department of Corrections took over from the Police in CPU, Correctional Officers were trained to serve warrants, etc. It was a 'good' thing. There were issues - every hearing is a 'public' hearing. This is mandated either by Justice or Supreme Court. Additionally, security became an issue in CPU. There was no 'public' access; sometimes even lawyers could not have 'public' access. Commissioner Peters understood the value and limitations of having a Central Processing Unit.

A new Chief Judge was appointed by the name of James M. Vaughn who was from the Howard and Carroll County environs. There were controversies with CPU because no full service was being provided; but the critical issue was 'public access' to Commissioners and the hearings they may have. Chief Judge Vaughn said 'enough is enough. We will pull out of CPU.' Right before Christmas this happened. Negotiations between the State of Maryland and Montgomery County were not going well so they threatened to pull out and return to the Police Stations or the rented space they could get somewhere for the Commissioners.

The Department of Correction and Rehabilitation got a letter and Mr. Wallenstein negotiated with the State. The proposal was rejected and Commissioners were to leave within thirty (30) days. They developed another plan and Mr. Weissart came to meet with them here and stipulated that renovations had to be completed within ninety (90) days or they would leave.

They all collaborated and he committed six (6) Commissioners a day, six (6) days a week to CPU. Still they operated with two (2) Commissioners assigned to the Rockville Station 16 hours a day for six (6) days a week. There are only 18 Commissioners. They needed to be able to see the citizens and operate efficiently. Now that can be done in CPU. They have parking spaces set aside for the public as well.

Theoretically, the CPU cuts the time of the arresting officer so he can then be released back to duty while CPU staff takes care of the prisoner. District Court of Maryland - this is a State Commissioner. The funding was less than $50,000 to make the necessary changes in CPU. They will be watching to see how traffic flows into the CPU/Commissioners area for a while to see if the community is adversely impacted.

MCCF Update: The Clarksburg Montgomery County Correctional Facility projected completion date is June 30, 2002. There will be a 60-day shakedown after that and we hope to move the inmates in after that. We will notify you when the transport of inmates will occur. Rob Green (MCCF Warden) wants to move them all in within 30 days of the completion date or meaning that by Labor Day or thereabouts all inmates will be gone from MCDC or by October 1st. Simulated incarceration probably will occur sometime in August but we will let you know.

As of April 17th, we have hired all 89 new Correctional Officers positions. Harvey Ptashek stated there were a lot of Correctional Officers being laid off from other places and we should be able to get good help. Mr. Wallenstein stated that we have also hired ten (10) nurses and five are still to be hired yet. Mr. Wallenstein commented that Warden Green and Warden Smith are working very closely and very well together. The budget is before Council and they will abolish one security post in Clarksburg and we will have full staffing here from day one. When the '72 hour rule' goes into effect, no Federal prisoners will be housed here. Marshals will bring them here and they will go up the road like other inmates.

Update on Council Hearings: Included with Re-Use Update above.

Cynthia Distance-Thompson (Inmate Services Functionary at Re-Use): Mrs. Cynthia Distance-Thompson was introduced and gave a brief biographical sketch of herself including her 12 years worked here and 6 years at the State maximum security prison level before coming to MCDC. Mrs. Distance-Thompson stated that the Intake Unit will be in the E-Wing and explained that Case Managers now see the new intakes within five (5) days and Re-Use will see them within 48 hours. They will provide charges, rap sheets, process, and conduct orientations and telling them Rules and Regulations, and then ship out to Clarksburg. Their assessment survey will also be done. If they suffer from mental health issues or serious or critical medical problem they will go right to MCCF. We will gather up information to go with the inmate to MCCF.

Mr. Wallenstein is very proud of the staff here and stated that he thought they were very good. He also mentioned that it was Warden Smith's birthday.

Carl Furr (Records function at Re-Use): It was explained that Mr. Furr had worked the last eighteen hours and would attend another meeting of the group in the near future.

Mrs. Paul brought up the matter of a home owner who walks her Rottwieler dogs in the neighborhood. Some discussion concerning this potential problem to community occurred.

Nancy Schoenfeld mentioned that she had seen the jumpsuits on the street again. Mr. Wallenstein responded that it will be a public issue and discussed within two weeks. He emphasized the fact that there were only 3 Counties out of the 27 total that practice this kind of release including Baltimore and Montgomery County as 2 of them. The Court is the one who must make the decision. This will be a public issue and brought before the Criminal Justice Coordinating Committee (CJCC) next week. Courts believe, in this County, that it means "now" when they are released to go. Transport only once by Sheriffs. When they are released at Court they need to be transported back to the jail. They are arguing this issue. This issue will go on our matrix and it is before the CJCC next Thursday (April 25) morning at 7:30 a.m. in the Executive Office Building Lobby Level conference room and it is a breakfast meeting.

Mr. Jenkins was asked to remind the Rockville Chief that this issue will be on the CJCC Agenda on April 25th at 7:30 a.m.

Mr. Wallenstein asked if there were any City issues or community issues that wanted to discuss with the MCDC staff, but no issues were offered.

The next meeting of the Neighborhood Advisory Committee/MCDC is July 18, 2002.

Meeting convened at 7:35 p.m. and concluded at 9 p.m.

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