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September 2013

Unopened FedEx Box Protects McAllen, GEO Group from Public Records Request

The ordinary-looking cardboard box containing Boca Raton, Fla.-based GEO Group's proposal to build and operate a 1,000 bed facility in the city of McAllen, Texas remained unopened during the city commission's deliberations ("McAllen returns GEO Group's jail proposal unopened," 9/24/13). According to the article, few people awaiting the city commission's decision at  city hall noticed the box at all. 

"Technically, it was never received because the governing body instructed the staff to return it unopened," says city attorney Kevin Pagan. Thanks to this technicality, the city of McAllen is not required to divulge any of the contents of GEO Group's proposal. According to the article, the city commission made a conscious decision to not open the box, keeping GEO's proposal private, even though the city had no intention of accepting the offer. 

According to the article, had McAllen accepted and kept the proposal, the city would likely have appealed to the Texas Attorney General's office in an effort to keep the proposal's contents private. Several exceptions regarding the documents could have been made under The Texas Public Information Act.  

The cardboard box, whether mailed back to Florida by GEO Group or retrieved by the group in person, left city hall, legally erasing any memory of its existence. 

No GEO for McAllen, says City Commission

Last night, the city commission of McAllen, Texas officially rejected GEO Group's bid to build a private jail. GEO, a Boca Raton, Florida-based company, was the only bidder for the private prision contract.  The proposal stated that a private company would build and operate the facility on property owned by the city.

The city of McAllen would have expanded its existing contract with the U.S. Marshals service, and the private company would in turn pay McAllen a portion of the government's daily per-inmate payment. According to city commissioner Scott Crane, the jail could have generated $3 million to $5 million annually for McAllen. 

Victor Rodriguez, the city's police chief, advised that the city reject the bid. Rodriguez added that the city could consider other options at a later date. If opened, the proposal, which came in a large FedEx box, would have been made public, which The Monitor's report ("McAllen City Commission Rejects Sole Bid for Private Jail," September 23) suggests influenced the city commission's decision. The Monitor and other entities had previously requested to see the document.  The commission voted to reject GEO's proposal without inspecting the proposal.

Opponents of the proposed contract were concerned that the facility would hold immigrants criminally proseucuted for entering the United States without papers, as well as the concept of private jails, which encourages incarceration. 

Advocacy groups attended the meeting as well, including La Union del Pueblo Entero, Proyecto Azteca, the South Texas Civil Rights Project and the Americal Civil Liberties Union of Texas. Astrid Dominguez, advocacy coordinator for the Texas ACLU, claimed:

"I think that if they try to explore some other options, as the police chief mentioned, there's a lot of information about the other groups that we will gladly provide them. All these companies have awful track records."

We'll keep you updated on developments from McAllen.



Guards Arrested for Inappropriate Sexual Conduct

Two guards at the Jack Hartwell Detention Center have been arrested following accusations of inappropriate sexual conduct with prisoners.

According to the article ("Private Jail Guards Arrested for Having Sex with Inmates," 9/18/13) published by KWTX, 

"Regina Edwards, 44, posted a $5,000 bond Tuesday and was released after she was charged with participating in an improper sexual act with a person in custody. Dorothy Pennington, 22, turned herself into deputies at the sheriff's office Wednesday morning and was being booked into the county jail." 

Investigators have interviewed one prisoner who claims that he and a female guard have had sexual contact four times. The complaint identifying Edwards claims that investigators were able to trace phone conversations during which sexual matters were discussed. On Wednesday morning, no official complaint was available for Pennington. The incidents in question took place between 2011 and 2013.  

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McAllen Residents, Newspaper Come Out Against New Private Prison in McAllen

Last week, a public hearing in McAllen allowed citizens to ask questions about a proposed 1,000 bed private prisons to city commissioners, mayor Jim Darling and city manager Mike Perez.    

According to the McAllen Monitor ("At Forum, Crowd Overwhelmingly Opposes McAllen's Private Jail Project," September 11), Florida-based GEO Group put in the only bid to run the proposed facility. Citizens raised concerns regarding the company's previous human rights violations in facilities around the country. The majority of the 60 people in attendance asserted that privatization of prisons allows for mistreatment and misconduct. Previous lawsuits filed against GEO Group pertain to sexual harassment of female employees and prisoner neglect and mistreatment

In addition, the Occupation Safety and Health Administration (OSHA) fined GEO Group $104,000, testified Astrid Dominguez who represented the American Civil Liberties Union of Texas. "Handing control of prisons over to for-profit companies is a recipe for abuse, neglect and misconduct," Dominguez said at the hearing. 

Over the weekend, The McAllen Monitor published an editorial ("Private jail in McAllen questioned," September 15th) raising serious questions about the proposed facility. The Monitor expressed concern about the GEO Group's civil and human rights violations ,as well as the facility's cost to taxpayers, claiming that private prisons have cost other Texas communities millions of dollars. 

McAllen is the proposed location because the U.S. Marshals Service allegedly needs a facility in close proximity to federal courts.  It appears that McAllen residents may not be convinced that profiting from prisoners is an ethical course of action.


Introducing New TPB Blogger Lauren Voyles

We're happy to introdu

ce the newest Texas Prison Bid'ness blogger Lauren Voyles. 

Lauren is a new organizer with Grassroots Leadership - one of Texas Prison Bid'ness's sponsors - in Austin, Texas.  She was placed at Grassroots Leadership through the Young Adult Volunteer program, a ministry of the Presbyterian Church (USA). The program allows young people to serve domestically or internationally at sites where they are able to positively impact others, as well as be good stewards of our society and our world. 

Lauren will be covering private prison developments for Texas Prison Bid'ness, with a particular focus on immigration detention-related posts.   

Corrections Corp. of America loses another Texas contract; MTC to take over Bridgeport pre-parole facility

Corrections Corporation of America has not had a good month in Texas.  At the end of August, the company's troubled Dawson State Jail and Mineral Wells Pre-Parole Transfer Facility were both closed after a long battle by criminal justice advocates and state legislators to close unused and unsafe facilities.  

Now, CCA has lost another Texas Department of Criminal Justice-contracted facility.  The Bridgeport Pre-Parole Transfer Facility, a 200-bed prison holding incarcerated women for TDCJ, will transfer operations from CCA to Management and Training Corporation.  

According to an article in the Wise County Messenger ("Change coming at women’s prison," September 11, behind a pay wall):

Management & Training Corp. (MTC), the Utah-based contractor that has managed the men’s Bridgeport Correctional Center since September 2010, is expected to take over management of the women’s facility this month, although corporate officials were unable to release a date by press time Tuesday.

“We’re in the final stages of an agreement with the Texas Department of Criminal Justice and Corrections Corp. of America to take over operation of the Bridgeport Pre-Parole Transfer Facility,” communications director Issa Arnita said Tuesday.

CCA has also lost contracts in Mississippi, Idaho, and Kentucky in recent months.