Tag Archives: Vermont Department of Corrections

Was Nicholas Deml the Worst-Ever Hire by the Scott Administration?

I put the title in the form of a question, but based on what I’ve learned in recent days, there really isn’t much doubt about it: Nicholas Deml’s tenure as corrections commissioner was a complete disaster, and he leaves the department in a perilously weakened position going forward.

To recap, Deml was an outlier from the very beginning. The Scott administration normally promotes from within, and the Department of Corrections usually places a high value on seniority. Deml’s three predecessors*, Nicholas Michael Touchette, Lisa Menard, and Andrew Pallito, had each served many years in DOC. (Menard and Touchette began their corrections careers as prison guards and worked their respective ways to the top of the chain.)

*Not counting James Baker, who served as interim commish between Touchette and Deml. Baker didn’t have corrections experience, but he did bring a lengthy background in law enforcement leadership.

And then Deml was hired in November 2021 from a post with the Central Intelligence Agency. There was hope that as an outsider, he would instill a long-overdue culture change to the department. Despite his lack of corrections background, he must have had some great ideas, right?

Well, his four-and-a-half year tenure was marked by the sadly customary kinds of missteps and scandals. And then he quit in July, in a Friday afternoon newsdump, with less than three weeks’ notice and without any sort of immediate job prospects aside from a vague nod toward launching “an advisory practice to continue the work I care about most.” (More on that later.)

At the time, I wrote about the strangeness of his departure — and the complete lack of curiosity about it from our Pillars of the Fourth Estate. Knowing what I know now, I see nothing strange at all about his sudden bugout, and I’m even more perplexed at our media’s quick dismissal of the story. There is evidence aplenty that Deml’s tenure was disastrous. You don’t have to dig very far to uncover it, and you don’t have to work very hard to find former department officials willing to spill the beans.

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The Incredible Disappearing Corrections Commissioner

Well, this is a new twist on the old “Friday Newsdump,” the storied tradition of minimizing the impact of bad news by pushing it out on a Friday afternoon or early evening. I guess we can call this a “Monday morning newsdump.”

I’m referring to the sudden announcement, with absolutely no explanation given, that Nicholas Deml is resigning as commissioner of the Vermont Department of Corrections, effective less than three weeks from now.

The announcement came in the form of a press release from Gov. Phil Scott’s office, which included the naming of Deml’s replacement: Fformer Burlington police chief Jon Murad will step into the roleon August 15, the day Deml officially departs. No reason for Deml’s resignation was offered.

And apparently, there was little effort to find out by the Grey Gardens of our Fourth Estate. The stories posted by VTDigger and Seven Days essentially barfed up Scott’s press release with no indication of much additional effort. Not even a line saying “Deml was not immediately available for comment.” Vermont Public‘s story did include one line from am emailed statement in which Deml wrote of launching “an advisory practice to continue the work I care about most.” That’s the only hint I could find, anywhere, of a reason for leaving or plans for the future.

Other media outlets, including the comatose Burlington Free Press and WCAX and WFFF/WVNY, led their stories with Murad’s appointment. Deml’s resignation didn’t even warrant headline placement.

That’s awfully thin coverage for a significant departure, likely thanks to the weekly rhythms of the newsroom. Monday is for gearing up to full operations after a weekend of little to no activity. You’re trying to get some news out there ASAP, and often starting from scratch. Which means that Monday morning isn’t quite as good a time to bury news as Friday afternoon, but it’s not a bad second choice. The administration got the kind of minimal, incurious coverage it probably hoped for.

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The Curious Case of the Squandered Scoop

A very strange thing happened a couple weeks ago at VTDigger. It’s been on my backburner for a while, as other events have clamored for attention. But I didn’t want to let this pass into oblivion without comment.

Digger published a very important story by Ethan Weinstein about the Vermont Department of Corrections’ difficulties and frustrations in dealing with federal immigration authorities.

It was a terrific piece. But it was posted at 7:01 a.m. on Saturday, June 28. Saturday is the lowest day of the week for news consumption. When daily newspapers were actual dailies, the Saturday edition was always the scrawniest paper of the week. And it was the first to be jettisoned entirely when “dailies” became less than that. Weekend TV newscasts are long on canned features, weather and sports. Most of their field people don’t work weekends. They don’t waste their good stuff on Saturdays.

I’ve been in charge of news operations, and I know that all we did over the weekend was fill the space as painlessly as we could. In fact, much of the effort on Thursdays and Fridays was devoted to banking solid content for the following Monday, when the audience/readership starts paying attention again. Digger publishes very little content over the weekend, and what they do produce is generally soft feature material or shared content from other outlets.

This was a big story. The state’s relationship with ICE and the border patrol was a major issue before the Legislature this year. And the article was the product of a public records request — a vital journalistic tool that’s rarely employed these days because it requires a lot of work. Journalists write their PRR’s as broadly as possible so they don’t miss anything. As a result, they often get a ton of material to sort through. Weinstein did the scutwork and found a bunch of telling details that added up to a meaty scoop worthy of maximum attention.

So why the hell did Digger effectively bury it?

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Sending Inmates to an Out-of-State, For-Profit Prison Is a Choice, Not a Necessity

Last month, the Vermont Department of Corrections signed a two-year contract to continue sending inmates to a for-profit prison conveniently located in Mississippi (a mere 21-hour, 1,400-mile drive from Montpelier. Great for family visitation, no?

The news filled my head with numbers and questions. The biggest is revealed in the above chart, provided by the Corrections Department: Vermont’s inmate population has plunged by nearly half since 2009, from a high around 2,400 to 1,331 (population average since January 2019 per DOC).

So if the prison census has dropped so dramatically, why can’t we keep all our inmates right here in Vermont?

Well, the short answer is, we probably could. Especially if we enacted some basic criminal justice reforms. But the Scott administration doesn’t take kindly to such ideas, and our Democratic Legislature tends to be extremely skittish about them. So, contract extension with everyone’s favorite prison profiteer, CoreCivic. Yay?

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“Culture Change” at DOC is a Moral Imperative

More evidence that the long-awaited “culture change” at the Vermont Department of Corrections is still purely conceptual: A new study shows that the Southern State Correctional Facility at Springfield is a hellhole for inmates and staff alike.

It’s bad. Really, really bad. It’s not only an administrative and regulatory failure, it’s a moral failure. It reflects badly on anyone who’s had anything to do with our prison system in recent times: DOC officials, successive governors, union leadership, and the legislators with oversight responsibility. Anyone else? The Judiciary? Prosecutors?

Abigail Crocker, co-founder of the Justice Research Initiative, found many of the study’s results “alarming.” I think that’s an understatement.

One of those findings: 37% of the prison population, and 30% of prison staff, have had suicidal ideations.

So. In a place that’s supposed to be preparing inmates for productive re-entry into society, more than one-third of them are in despair or painfully close to it.

Well, you might say, of course people serving hard time might feel bad. But then you have to explain that 30% figure among staff, which indicates that the prison is just about as horrible for the workers as for the inmates.

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So Hey, Department of Corrections, How Goes the “Culture Change”?

You know it’s serious when a report from State Auditor Doug Hoffer (a) gets a lot of media attention and (b) prompts a chastened response from state officialdom.

That’s just what happened Monday with the release of Hoffer’s performance audit of the Department of Corrections’ prisoner grievance process. A process that was so lacking that Hoffer couldn’t even conduct a full audit because of poor recordkeeping. A process so lacking that to even call it a “process” is an indignity against the English language.

And no, I’m not exaggerating. Hoffer found that DOC records do not “have reliable, basic information to determine the number, type, status or outcome of prisoner grievances.”

Aside from that, Mrs. Lincoln, how was the play?

But wait, there’s more! Inaccurate data, missing records, no submission or response dates, inadequate training for staffers who use the system, and no DOC administrator specifically tasked with managing the grievance process.

It’s a great system if your goal is to avoid accountability.

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Through a Monitor, Darkly

More happy tidings concerning the much-ballyhooed “culture change” in the Vermont Department of Corrections in a VTDigger story about how state prisons are being reopened to visitors. The answer is slowly and incompletely, with strings attached. Unlike, say, the Scott administration’s policy toward the reopening of Vermont otherwise, which is to immediately remove all restraints.

The story also contains other tidbits that underscore the administration’s broader attitude toward inmates: that they don’t really deserve to be treated with dignity. There’s an undercurrent of “Inmates did something wrong and must be punished.” You see this over and over again in administration policy.

The DOC refused to prioritize inmates for vaccination, despite multiple outbreaks of Covid-19 inside our prisons. (Human Services Secretary made an absolute hash out of trying to explain that policy.) It put Covid-positive inmates into solitary confinement, which meant cruelly restrictive conditions normally reserved for the worst miscreants.

Now, the DOC is taking a go-slow approach to allowing visitors. “We want to make sure everybody is safe when we do this,” said Al Cormier, DOC director of operations. Gee, too bad that wasn’t the policy when inmates were made to wait their turn for vaccination even though they were demonstrably at high risk, and they could have been easily served because they’re all gathered in a handful of locations.

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The Veepies: Awards for Outstanding Stupidity on Public Display

People occasionally ask me how I keep coming up with ideas. My answer is, there are always far more ideas than I can actually cover. This week, there were a few that I just couldn’t get to, but they seem worthy of note in short form. So, the first-ever Veepie Awards. Possibly a continuing series, but no promises. Or threats. The envelope, please…

Most Desperate Pushback Against Negative News Coverage. The winner is the Vermont Department of Corrections, which was on the bad end of a New York Times article outlining the toll of its Covid policies. In order to prevent outbreaks (at least a couple halppened anyway), DOC locked away exposed inmates in solitary confinement, the most extreme form of incarceration.

For weeks at a time… inmates were locked in 8½-by-10-foot cells in near-total isolation. They ate meals a few feet from their toilets, had no visitors, and spent as little as 10 minutes a day outside cells.

The strategy made the Vermont prison system one of the safest for contracting Covid, which is a dispiritingly low bar. But the cost, as the Times put it, has taken “a heavy toll on many inmates’ mental health, and driven some to psychological despair.”

And at least one to suicide. But hey, no Covid deaths!

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Send a Judge to Jail

C’mon in, Your Honor. Plenty of room!

At least one of Vermont’s Superior Court judges could benefit from a stint in the hoosegow — purely as an educational experience. But maybe a couple days behind bars should be a requirement for the job. After all, they send plenty of people to prison; shouldn’t they have first-hand experience of the “correctional” experience?

The judge in question is Samuel Hoar, who just dismissed a lawsuit by inmate Mandy Conte over unsanitary conditions in Vermont’s women’s prison. Hoar’s opinion could have been delivered by the unghosted version of Ebenezer Scrooge. In it, he acknowledged the disgusting conditions in the prison’s shower facilities, but decided to do nothing about it.

Sounds like he needs a long rinse in the showers that, according to the inmate who filed suit, “reeked of human waste and were infested with sewer flies, maggots and mold.”

Before we go on, I should mention that Hoar is the same judge who almost lost his seat in 2019 over allegations of “sexist, degrading and condescending behavior toward women.” The charges put an extra twist in what’s usually a pro forma reappointment process, but in the end Hoar was given another six years on the bench.

And this is the dude who rejected very valid complaints from a female inmate. I smell a pig.

After the jump: A deeper dive into Hoar’s terrible ruling.

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