Dept. of Public Health
Exec. Office of Health and Human Services

Sept. 12, 2009

Dear Sir or Madam,

My name is James Riva and I am a prisoner at Old Colony Correction Center, One Administration Rd. Bridgewater, MA 02324. I am sending this certified because most of my mail gets blocked by prison officials.

We Muslims here congregate in a room called the Masjid. It is a small room with a sign stating capacity at 40 maximum. It has no openable windows, just an unusual skylight at the top of a shaft. There are two ceiling vents. Right now one of those vents is flowing some air - very little. For most of the year, we get no ventilation at all in the Masjid. Then for the month and a half before their big federal audit, they divert a little of the air conditioning from the Captain's office. After the federal auditors go home, the air is shut off again.

You would have to come see the portion of the building I am talking about. All the classrooms in that row the Masjid is on and the library have non existent ventilation. That part of the building was never finished so the vents really don't connect to anything. There is no air exchanger on the roof.

Last year I wrote superintendent Steven O'Brien and he had deputy James Ferreira write to me flatly refusing to fix the problem. This year I wrote the superintendent again and filed a grievance. I thought something was gonna get done because the grievance coordinator said they were looking into fixing the vents. Then yesterday I got another letter from deputy Ferreira telling me it's already fixed - there's no problem - I've enclosed a copy of deputy Ferreira's letters, my letter to the commissioner, the commissioner's reply, and my formal grievance.

105 CMR 451.140 requires that all occupiable space in the prison be ventilated. This prison is about 20 years old and they still haven't fixed it, so I guess it won't get fixed unless you folks come here and ask to inspect the ductwork in the ceiling to determine that it doesn't go anywhere.

I even proposed a low cost solution. The old Southeastern Correctional Center is vacant and unused because it's structurally unfit. Why not take some exhaust fans with closable flaps from there and install them in the skylights in that row of rooms? That would draw air from under the doors and thru the ceiling. In the summer it would be a welcome relief.

As it stands now we get no air for 10 1/2 months of the year.

Please come here and help us.

There's lots of stuff you can save money on in prison, but I don't think ventilation is one of them.

Truly,

James Riva II W38533 OCCC One Administration Rd. Bridgewater

***

September 9, 2009

James Riva, W38533
Attucks II
Old Colony Correctional Center
One Administration Road
Bridgewater, MA 02324

Dear Inmate Riva,

Your correspondence to Superintendent O'Brien dated August 28, 2009 regarding the air quality in the Masjid has been referred to my office for response.

Your concerns have been addressed on several occasions. This year accommodations were made during the high temperatures. The event was well attended and there were no issues.

Old Colony Correctional Center and the ventilation system was constructed in accordance with all applicable building codes. Once completed the facility received certificates of occupancy and subsequently certificates of inspection to validate the buildings are being maintained properly.

On occasion we do experience problems with the ventilation system. When we do competent, qualified staff troubleshoot the problem and make appropriate repairs.

Currently there are no plans or applicable building codes that call for additional duct work or exhaust fans.

I trust I have addressed your concerns.

Sincerely,

James A. Ferreira,
Deputy Superintendent of Operations

JAF/tlb

cc:
Steven J. O'Brien, Superintendent
Nelson W. Julius, Director of Security
Gerard Trahan, E.H.S.O.
Dom DaSilva, Director of Engineering
File

***

August 2, 2006

James Riva, W38533
Attucks II
Old Colony Correctional Center
One Administration Road
Bridgewater, MA 02324

Dear Inmate Riva,

Your correspondence dated July 26, 2006 regarding the air quality in the Masjid and the lock that was removed from the footlocker has been referred to my office.

Upon receipt of your correspondence, the Maintenance Department immediately reported to that area of the institution to assess and resolve the situation you described. The Director of Engineering has informed me that the air quality issue has been resolved. You make allegations that things are disappearing from the cabinet that paperwork and literature are stored in due to the cabinet not being secured. You must provide me with specific items that you allege have disappeared. At that time I will look into your allegations and look into placing a lock on the cabinet.

I trust I have addressed your concerns.

Sincerely,

James A. Ferreira
Deputy Superintendent of Operations

JAF/tlb

cc:
Bernard F. Brady, Superintendent
John J. Jones, Director of Security
Robert Sykes, Director of Engineering
File

***

Commonwealth of Massachusetts Department of Correction Inmate Grievance Form
Forward to Institutional Grievance Coordinator (IGC)

Name: Riva James Grievance #: 42336 Institution: Old Colony Correctional Center

Commit No.: W38533 Housing: Attucks II Date of Incident: 20090818 Date of Grievance 20090819

Complaint:
We have requested that a fan be installed in the duct work of the Masjid many times. There is no ventilation in the Masjid! The CMRs for dept. of public health require that all occupiable spaces in the prison have ventilation. When Masjid is at full capacity it's unbearably hot and stifling.

Remedy requested:
Install proper ventilation. Either put a fan inside the duct work or create an opening in the fixed windows of the skylight.

Staff recipient: Fogaren Mark S CO II

Staff involved:

Signature:

***

RECEIPT BY INSTITUTIONAL GRIEVANCE COORDINATOR

Date Received 2009089 Decision Date 20090924

Signature: Fogaren Mark S CO II

Final Decision: DENIED

Decision:
Your grievance has been denied. The rooms have ventilation ducts which circulate the air, and fans have been provided during extremely hot weather. OCCC is in compliance with all health and sanitation codes. I trust this addresses your concerns.

Denied grievances may be appealed to the Superintendent within 10 working days of Institution Grievance Coordinator's decision.

***

Commonwealth of Massachusetts Department of Correction Inmate Grievance Appeal Form
Forward to Superintendent

Name: Riva James Institution: Old Colony Correctional Center
Number: W38533 Housing: Attucks II Appeal Date: 26-Sep-09 Date of Grievance: 18-Aug-09
Appeal Received Date: 05-Oct-09

Appeal:
My grievance number 42336 was denied on 9-24-09. The grievance complained of inadequate ventilation in the Masjid (and that whole row of classrooms and the library). Stated reason for denial was that "OCCC is in compliance with all health and sanitation codes". 105 CMR 451.140 requires ALL occupiable space in the prison to be ventilated. This same issue was brought to your attention last year. You're trying to save money by depriving prisoners of fresh air.

Remedy requested:
Install ductwork that actually is attached to the exchangers on the roof, OR salvage exhaust fans from defunct SECC prison and put them in the sky lights.

Staff recipient: Fogaren Mark S CO II

Signature:

DECISION BY SUPERINTENDENT

Appeal Received Date: 05-0ct-09 Decision Date: 13-Oct-09 Decision DENIED

Decision by: O'Brien Steven J SUPERINTENDENT

Reasons: Based on the research conducted by the IGC, I can not support your appeal.

***

June 26, 2008

James Riva, W38533
Attucks II
Old Colony Correctional Center
One Administration Road
Bridgewater, MA 02324

Dear Inmate Riva,

Your correspondence to Superintendent O'Brien dated June 16, 2008 regarding the air quality in the Masjid has been referred to my office for response.

Based on your correspondence, the Environmental Health and Safety Officer as well as the Maintenance Department have again looked at this area as they have in the past. The air quality and temperature are well within the appropriate levels.

Your correspondence goes on to state that on "Friday, the Jumah service is an event that could make a lot of people faint because of the lack of fresh air and build up of CO 2". That did not happen. The event was well attended and there were no such issues.

There are no plans to install ductwork or an intake fan in the Program Corridor at this time.

I trust I have addressed your concerns.

Sincerely,

James A. Ferreira,
Deputy Superintendent of Operations

JAF/tlb
cc:
Steven J. O'Brien, Superintendent
Nelson W. Julius, Director of Security
Gerard Trahan, E.H.S.O.
Dom DaSilva, Industrial Instructor III
File

***

Harold Clarke
Commissioner of Corrections
50 Maple St.
Suite 3
Milford, MA 01757-3698

Aug. 17, 2009

RE: Lack of ventilation in the Masjid at Old Colony CC

Dear Commissioner Clarke,

We Muslims at Old Colony have long suffered from zero ventilation in the Masjid. There is no forced air into the Masjid and no openable windows. In the summer it is absolutely unbearable.

Actually, all the classrooms on that particular row of rooms at OCCC have similar problems.

This has been grieved both formally and informally. Last year I wrote to superintendent O'Brien requesting that he have installed an intra-ductal fan to blow some air from the roof into the Masjid. He had deputy James Ferreira write back to me saying he has no intentioion of installing a fan in the duct work - in person he said "Well, no one has passed out from lack of air".

Dept. of Public Health 105 CMR 451.000 Minimum Health and Sanitation Standards and Inspection Procedure for Correction Facilities; 105 CMR 451.010 Application to Correction facilities applies to every correction facility in this state.

105 CMR 451.140 Adequate Ventilation; Each inmate SHALL have adequate ventilation at all times. Each facility SHALL have ventilation of each cell and each habitable or occupiable space, bathroom, and toilet compartment in compliance with 780 CMR State Building Code. Natural ventilation thru a window in each cell is recommended.

Perhaps the next time you are here you could check this out. The Captain's office is on the same row and has adequate ventilation - actually air conditioning. We're not asking for air conditioning. We're asking for minimally adequate forced air ventilation.

Most of the time security staff insist on keeping the Masjid door closed also - in spite of the oppressive heat. The capacity of the Masjid is 40. It is often at capacity and it is rough with no air.

The classrooms on that row and the library all suffer but to a lesser degree than the Masjid. Please do something about it.

Very truly,

James Riva II W38533
OCCC
1 Administration Rd.
Bridgewater, MA 02324

***

August 21, 2009

James Riva, W38533
Old Colony Correctional Center
1 Administration Road
Bridgewater, MA 02324

Dear Mr. Riva:

The Commissioner is in receipt of your correspondence pertaining to the alleged lack of ventilation in the Masjid and has referred it to me for response. I am aware that you submitted a grievance (#42336) regarding this issue and it is currently pending with the Institution Grievance Coordinator (IGC) at Old Colony Correctional Center.

The Superintendent is the appellate authority in grievance matters, and as such his/her decision is final. If the Superintendent denies your appeal, the Department Grievance Manager may elect to review the appeal decision, in which case his/her decision would be considered final.

The Commissioner will not intervene in this process as you must exhaust all levels of appeal in accordance with 103 CMR 491, Inmate Grievances.

I hope that I have addressed your concerns.

Sincerely,

Colleen Rosales
Communication Unit Manager

cc:
Steven O'Brien, Superintendent
Inmate File
File