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Another Wrongful Death Suit Against CCA

12:59 pm in Uncategorized by WhyIHateCCA

First published on WhyIHateCCA

 

The ACLU of Hawaii has filed a wrongful death suit on behalf of the family of Clifford Medina, a 23-year-old Hawaiian prisoner who was murdered in the Saguaro Correctional Center, a CCA prison in Arizona.  The lawsuit contends that the company’s negligence and drive for profit led to Medina’s murder by a fellow prisoner.  This murder was one of two in a very short time frame at the facility, and one of a few issues that led the Governor of Hawaii to pledge to return all his prisoners to the islands, including an alleged sexual assault by a staff member at this same prison.

The lawsuit has already been covered by a ton of media outlets, so I won’t go into a detailed breakdown.  Suffice it to say, I effing hate CCA.  I’ll just give you links

KVOA News in Tucson, AZ
KITV News in Honolulu
Hawaii Reporter
Hawaii News Now
Nashville Scene
Courthouse News Service

Shareholders Challenging the Private Prison Industry

11:45 am in Uncategorized by WhyIHateCCA

A civil commitment center run by The GEO Group in DeSoto County, Florida

First published on WhyIHateCCA

In an interesting bit of grassroots advocacy, a few shareholders of the country’s two largest private prison companies have worked to bring more accountability to the industry, which is exempt from public records laws in nearly every jurisdiction despite the fact that it performs inherently governmental functions.

The GEO Group, based in Boca Raton, FL, had its annual shareholders’ meeting in Palm Beach a few weeks back.  Some demonstrators protested outside, but the true challenge for the company would come from inside that very meeting.  The Dominican Sisters of Hope and Mercy Investment Services, both of which own a small amount of stock in the company, introduced a resolution that would have required the company to improve its policies to address human rights abuses within its facilities and submit to third-party audits.  A resolution by the Capuchin Order of Priests would have required the company to publicly disclose all the money it spends lobbying and which issues that money is meant to influence.

Meanwhile, CCA has been fighting off a resolution by an activist and shareholder that would require it to report on efforts to reduce sexual abuse within its facilities.  The resolution would bring some much-needed accountability to an industry that has proven quite effective at skirting it.  CCA has been aggressively fighting the resolution with the SEC from its inception, I assume because they’d rather spend their money lobbying Congress and state legislatures than trying to protect the prisoners under their watch.

Unfortunately, all three of these proposals were defeated in the respective meetings.  But there is reason for optimism – they all managed a sizable margin of support.  The resolution before the GEO Group concerning human rights abuses garnered nearly 30% of the vote.  The resolution introduced by the CCA shareholder was likewise rejected, but did garner more than 14 million votes out of a possible 86 million, nearly 20% of the vote.  With such support, I am optimistic these resolutions will be introduced again in the future, which would continue to pressure the industry into more accountability for its actions and transgressions.

CCA Sued Over Working Conditions

7:40 am in Uncategorized by WhyIHateCCA

First published on WhyIHateCCA
By Jenny Landreth

The Corrections Corporation of America (CCA) has been sued by six current and former employees. The employees, who were supervisors at the Marion Adjustment Center in St. Mary’s, Kentucky, assert that CCA forced them to work additional hours whilst denying them overtime.
Jail Cell

(Photo: abardwell/flickr)

 

Supervisors claim they are required to work additional hours, denied meals and breaks, and forced to participate in training on their days off.
The employees are seeking damages of an unspecified amount. They are also seeking an injunction which would require CCA to pay appropriate levels of compensation to any employees working in excess of 40 hours per week.
Their attorney, Tom Miller, has stated concerns that CCA has been cutting essential costs so as to increase its profit: “This is a for profit company…the way you maximize profit is to reduce expenses”
He also indicated that the lawsuit may also relate to employees of two other CCA-run prisons in the State of Kentucky, namely the Otter Creek Correctional Center in Wheelwright and the Lee Adjustment Center in Beattyville.
In response, CCA Spokesman Mike Machak stated: “Overall, we are committed to ensuring that our employees are fully compensated, and we strive to provide lasting career opportunities for those professionals who chose to work with our company.”
The Fair Labor Standards Act
The FLSA was enacted in 1938 in order to provide protection to private sector and government workers and sets several standards relating to record keeping, minimum wage, youth labor, and overtime pay. The Act States that non-exempt employees must be paid overtime, at the rate of at least time-and-a-half, when their working hours exceed 40 per week.
At present CCA claims that all supervisors and assistant supervisors can be categorised as exempt from overtime pay under the Fair Labor Standards Act (FLSA), as their job encompasses management duties.
However, the process of defining a post as exempt due to managerial responsibility is complex. Multiple criteria must be satisfied. Namely, the employer must regularly supervise two or more other employees and management must constitute the primary component of the position. They must also have some input into the employment status of fellow employees, for example with regard to hiring, promoting and dismissing.
Tom Miller, however, suggests that the work completed by prison supervisors does not constitute an exemption under the FLSA.
Previous Case Law

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Riots at 2 CCA Prisons

9:17 pm in Uncategorized by WhyIHateCCA

First published on WhyIHateCCA

Two weeks ago, prisoners rioted at a CCA prison in Georgia, resulting in the prison being put on lockdown.  There’s not much more information available on that

But a second riot occurred at another CCA prison, this one in Mississippi, and what has come out so far isn’t pretty; 200-300 prisoners were said to be involved in the disturbance, and at least one guard has died.  A handful of staff and inmates were injured at the immigration detention facility.  The situation lasted for hours, with prisoners taking moire than a dozen staff hostage.  Which makes sense, because a former employee said the staff-to-inmate ratio was dangerously low, so much so that he left his job there.  Sixteen staff members had to be transported to a hospital due to injuries.  Prison riots are a relatively rare occurrence; this one even more so because of the facility’s population.  It houses immigrants charged with illegal re-entry, not many of whom have criminal convictions beyond that.  So this isn’t a population that necessarily lends itself to violence and rioting; I imagine they are upset with the living conditions in the facility, though no word has yet come out about what incited it.

Thankfully, the company is already coming under fire for its poor management by a Mississippi Congressman, and the riot is being investigated by the FBI.

The guard who died was 24-year-old Catlin Carithers.

Is the Private Prison Industry Losing a Lifeline?

8:07 am in Uncategorized by WhyIHateCCA

First published on WhyIHateCCA

California, the state with the highest prison population, has also historically been one of the most privatization-friendly states, despite the influence of the powerful corrections officers lobby.  The state has given hundreds of millions of dollars per year to the industry to house some of its prisoners in a vain attempt to reduce the burden of its overcrowded prison system, rewarding the industry’s investment in campaign contributions and lobbying.  But the industry’s hold on the nation’s most desperate prison system seems to be slipping in the wake of the Brown v. Plata decision from the Supreme Court.

A guard tower by a prison fence in California.

California Guard Tower. Photo by Rennett Stowe.

That decision basically held that the state needed to remove about 40-45,000 prisoners from its state system just to ease overcrowding to the point where it could provide medical care that would not be so insufficient as to violate the prisoners’ right to be free from cruel and unusual punishment.  At the height of the overcrowding, it was estimated that one prisoner died every week from a preventable cause, because the state simply didn’t have the resources or manpower to treat all the people it decided to lock up (coincidentally enough, its prison population exploded due largely to sentencing initiatives like 3-Strikes and Truth in Sentencing laws, which were passed by the industry through its work in ALEC during the 90′s.  But that’s a topic for a whole different post).  The governor’s plan to fix the overcrowding is to send thousands of state prisoners to county jails; basically, he’s shifting responsibility for the state’s overzealous criminalization of nonviolent activities onto counties, many of which are poorly equipped to handle an influx of new prisoners.

In addition to shifting prisoners to county facilities, the Secretary of Corrections announced a few months ago that the state was looking at ways to reduce its reliance on private prisons and stop shipping prisoners to private facilities in other states. It looks like the state has actually started to work towards this goal; a few weeks ago, it announced a plan to halt $4 billion in new prison construction and return nearly 10,000 state prisoners from private facilities in other states.  This plan would save the state almost $400 million per year that it spends on private prisons, and reduce the prison system’s impact on the state budget by nearly 4%; in a state with a budget near $137 billion, that’s an awful lot of money.

Effing Arizona.

7:17 am in Uncategorized by WhyIHateCCA

First published on WhyIHateCCA

Sometimes, a story comes along that really makes me wonder whether a lot of politicians just really don’t give a shit about people at all.  And no, I’m not even talking about how North Carolina decided it would be a good idea to codify discrimination in its frigging constitution.  I’m talking about the great state of Arizona, whose political leaders have given up their charade of pretending to represent their constituents.

Now, you might say that’s a bit of hyperbole, but how else can I explain the fact that, faced with evidence from numerous sources, including a government study, that demonstrated private prisons actually cost Arizona taxpayers more than government run facilities, the Arizona legislature decided to not only fund more private prisons, but to eliminate the requirement for the government to report on the efficiency and services it receives from the companies it contracts with to operate these money pits?

The industry is already exempt from public records laws that government agencies must adhere to, a distinction granted because it is comprised of private corporations (despite the fact that they perform an inherently governmental function).  So Arizona actually found what might have been the only way to further reduce transparency and oversight for an industry that’s not required to report much of anything about how it operates.

In addition to removing that reporting requirement, the budget that just passed allocated $16 million for 1,000 new private prison beds, while taking $50 million from funds intended to help struggling homeowners manage their mortgages.  That $16 million might go to MTC, the company that operates the Kingman prison, from which 3 prisoners escaped in 2010 in one of the most highly-publicized prison escapes in years (largely because they murdered an elderly couple).  Or it could go to CCA, the company that, despite all its denials about its influence on the legislation, was in the room when SB1070 was drafted and stands to profit handsomely from it.

In yet another example of the corrupting and toxic influence of money in government, this budget proposal was really the handiwork of Governor Brewer’s Chief of Staff, Chuck Coughlin.  Coughlin founded HighGround Consulting, the most powerful lobbying force in the state.  HighGround happens to represent the private prison industry.  A former CCA lobbyist, married to a current CCA lobbyist, also works on Brewer’s staff.  And John Kavanagh, the chair of the House Appropriations Committee, is quite cozy with Public Policy Partners, a lobbying firm that represents the GEO Group.  So it naturally made sense for him to be the one to introduce the provision that eliminated the analyses of private prisons in the state.

I don’t even think it’s a question who Governor Brewer and the rest of the Republican establishment in Arizona represent.  And it’s a damn shame.  Thank god I don’t live there.

Leasing Through the Back Door: The Private Financing of “Public” Prisons

10:48 am in Uncategorized by WhyIHateCCA

Previously published on Nation of Change.  Reprinted with permission from the author

By Christopher Petrella

Photo by John S. Quarterman

Nearly 130,000 bodies are currently caged in for-profit or privately managed “correctional” facilities in the United States, a figure that accounts for 16.4% of federal and 6.8% of state populations.

Since 2000, moreover, the number of extant for-profit and privately contracted penal institutions has skyrocketed by approximately 120% during a time in which the population of “public” federal and state facilities has grown four times as slowly. And although federal and state expenditures on prisons have mushroomed by 72% over the last decade and now cost taxpayers $74 billion per annum, the two largest private prison companies, Corrections Corporation of America and GEO Group (formerly Wackenhut Corrections Corporation), have together “earned” over $2.9 billion in profits since 2000.

While in recent years much public attention has rightly been devoted to illuminating the “industrial” operations associated with the proliferation of private prison facilities—from the tumesced pocketbooks of private prison operators to the profits generated by telecommunications companies by way of no-bid phone contracts—surprisingly scant attention has been paid to the private financiers of “public” prison projects who earn a profit each time a prison is built. And unlike those who collect revenue on prison operations, firms that purchase bonds for prison construction needn’t have a personal stake in the eventual utility or solvency of any given facility. Their coffers will grow whether or not prison beds are occupied.

But a two-decade long declension in public support for prison expansion has thwarted traditional options for financing new prison construction and has resulted (as it usually does) in new opportunities for cadres of investment bankers, building contractors, and consultants to realize indulgent returns-on-investment with abidingly anti-democratic financing schemes. I call it “leasing through the back-door.”

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Mississippi Tosses Private Prison Company, The GEO Group

6:53 am in Uncategorized by WhyIHateCCA

Previously published on WhyIHateCCA

Cell in Alcatraz. Photo by Miss Millions.

Mississippi, of all places, has had enough.  Not exactly known for its hospitable prison system, the state announced last Friday that it intends to terminate its contract with the GEO Group to operate 3 facilities, effective in July.  One of those facilities is Walnut Grove, which was recently the target of a lawsuit that brought sweeping change to the way Mississippi incarcerates its youth.  Plagued with violence, medical neglect, and persistent sexual abuse, the facility’s conditions were so abysmal that the Department of Justice called it “some of the worst abuse” they had seen in any investigation of a prison or jail.  Children housed there used terms like “barbaric,” “a war zone,” and “the deepest depths of hell” to describe it.  The settlement in the lawsuit removed all juveniles from Walnut Grove and mandated that they never be held in solitary confinement.  Lest you feel bad for GEO getting slapped around so hard in the lawsuit, remember that they earned millions of dollars in profit by treating children like shit.

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Ask CCA to Report on Sexual Assault

8:36 am in Uncategorized by WhyIHateCCA

First Published on WhyIHateCCA

I just want to drop a quick link here and encourage everyone to go sign a petition on Change.org asking CCA to report on its efforts to reduce sexual abuse within its facilities.  Sexual abuse in prisons is a serious problem in both government and private facilities, so a CCA shareholder introduced a resolution asking the company to provide regular reports on the efforts it is taking to combat sexual assault and protect the prisoners it houses.  CCA initially objected to the resolution, but that objection was rejected by the SEC, so it now will move to a vote by all shareholders of the company.   Please go sign this petition.

Arizona’s Political Leaders are Crazy for Private Prisons

1:08 pm in Uncategorized by WhyIHateCCA

Arizona’s Political Leaders Are Crazy for Private Prisons

Arizona

(Photo By tolomea via flickr)

I’ve been remiss in updating everyone on the situation in Arizona, the state that loves private prisons, even though it’s likely paying more for them than what the government could operate facilities for.  After a few reports came out detailing how the state was paying through the nose for private prisons, its legislature continued to bullishly forge ahead with a request for proposals to construct an additional 2,000 private prison beds.  This came despite evidence that private prisons in the state cost more and are more dangerous; the American Friends Service Committee filed a lawsuit seeking an injunction to prevent the state from entering into a new contract for these beds.  But it was thrown out on a technicality; the judge basically said that citizens of Arizona have no standing to ask the Department of Corrections to follow the law.

So the AFSC and the NAACP joined together in filing a formal protest asking the court put a stop to the request for proposals, which came alongside a piece of legislation designed to prevent the state from conducting cost comparisons in the future.  The Department of Corrections swiftly dismissed the request, again on a technicality basically amounting to “we don’t want to listen to socially conscious organizations working in the best interest of Arizona citizens.”  The state seems to be quite insistent on these new private prison beds, possibly because its politicians have long had cozy relationships with the industry.  From SB1070, which came out of ALEC, to the governor’s staff consisting of CCA lobbyists, Arizona politicians and the private prison industry are well acquainted.  In fact, Dennis Deconcini, a former senator from the state, sits on CCA’s board.  And it appears as though the state’s Chamber of Commerce is rife with conflicts of interest related to the industry; CCA, the GEO Group, and PHS are all represented on the board of the Chamber, either directly or through lobbying firms.

So it seems like Arizona’s political leaders are really just oblivious to common sense and the advice of groups who have thoroughly studied the problems inherent to the private prison industry.  I want to believe that, rather than the alternative, which would be that they just don’t care about how terrible and inefficient the industry is, because they want to give handouts to their political allies. As Sasha Abramsky at The Nation writes, “One might think that, faced with evidence that the state isn’t getting enough bang for its buck, Arizona legislators would rethink their commitment to putting ever mroe prisoners into private facilities.  Instead, in a move Orwellian even by the gutter standards of Arizona politics, they’ve simply tried to bar the state from collecting the evidence.

With all the news about the state attempting to further privatize its prison system, it might have been easy to overlook the state’s decision to bring in a private, for-profit medical care provider, Wexford, to manage healthcare for the entire system.  Which is just another clusterfuck waiting to happen.  The company will charge more than the state paid last year to provide healthcare this year, and estimates it will reap of profit of more than $5 million in the process.  I’m sure none of that will come from denying treatment or neglecting prisoners.