Texas Prison Bid'ness

The Bureau of Justice Statistics (BJS) released its latest numbers in June regarding the national rate of incarceration and provided state level data as well. According to the BJS the total number of prisoners in custody during 2007 numbered 2.3 million.

As usual, Texas ranks high among the number of prisoners incarceated in state custody. Prisoners in Texas comprised nearly 173,000 of the total number of people in federal and state custody. Additionally, 18,720 of Texas prisoners were detained in private facilities (see chart below); a total 0f 10.8% of prisoners in the state. During 2006, Texas imprisoned about 18,220 prisoners in private facilities for percen-change of plus 2.74% in a single year.

Last year, lawmakers passed reforms meant to reduce the state's reliance on incarceration. Those policies have been lauded by the recent Pew Report and other states as a model. Time will tell if Texas is able to minimize it's overal prison population, and the number of people in private lockups as well.

Largest 20 State Private Prison Populations 2007

Source: Bureau of Justice Statistics

Our pal Scott Henson at Grits for Breakfast recently posted on another jail commissary scandal - this time in Potter County. According to Grits,

An all-woman jury yesterday in Amarillo brought back a guilty verdict against Potter County Sheriff Mike Shumate for taking bribes from the Dallas-based commissary manager, Mid-America Services. The "bribes" the state was able to prove were mostly meals, though quite a few of them...

Texas Prison Bid'ness and Grits have covered several private commissary contracts in the past year. According to Scott:

Commissary contracts have been a big source of alleged corruption in Texas Sheriff's Departments in the past year. In Bexar and Kleberg Counties, a Louisiana based company called "Premier" allegedly bribed the Bexar County Sheriff with swank golfing trips and gave the Kleberg Sheriff private consulting contracts after he left office.

It seems that the amount of scandal at the local level is signicant when it comes to private jail contracts. With limited accountability and oversight at the county level, who knows what scandals remain to be covered at the state's many county jails.

Previous Commissary Posts:

• Premier Private Commissary Scandal Keeps Growing
• Bexar County Sheriff Indicted
• Private Commissary Contracts Lead to Corruption in Bexar County
• Sheriff's Aide Accused of Taking Bribes from Commissary Contractor

Harris County Commissioners approved ("Harris County rejects leasing Galveston jail," Houston Chronicle, June 3, 2008) earlier this week measures to send up to 1,000 jail detainees to Louisiana through private contracts with three parishes in the state. Over the last year, the county had already relied on sending 730 prisoners across state lines.

As of Tuesday, about 11,000 inmates were being held in Harris County Jail facilities. The jail is certified to hold 9,400 inmates, but the county has the state's permission to temporarily hold 2,000 more on "variance beds," nonstandard metal frame bunks on the floor.

Sending jail detainees out of state will cost local tax payers $15 million a year. In addition to this recently approved measure, Commissioners also considered leasing a vacant jail in nearby Galveston County.

These latest developments emphasize that county officials continue to focus on expanding capacity to deal with chronic overcrowding measures -- rather than looking at other solutions. We have posted previously the litany of recommendations that have been suggested by Scott Henson with Grits for Breakfast and Marc Levin with the Texas Public Policy Foundation.

Voters denied lawmakers the authority to expand the jail during last November's elections. Yet, still officials continue to explore ways to build further jail capacity. According to reports, these discussions will surface again at a meeting later this month and at the budget meeting in September. Voters should watch out for the strong possibilty that jail expansion will once again be on the November ballot.

Related Posts:

1. Harris County to Move More Jail Detainees to Private Facilities in Louisiana
2. Harris County Sending More Prisoners to Private Facility in Louisiana
3. Louisiana Residents Pose Questions About Harris County Jail Transfers
4. Harris County Making Wrong Decision to Deal with Inmate 'Surge'

Clarksville City Council, in Red River County, is considering a private prison facility. According to recent reports in The Paris News city officials are competing for Emerald Correctional Management to build the facility in their backyard.

Clarksville City Council gave its approval to the submission at a May 20 meeting. If approved, the facility will be under private contract for 10 years. After bond retirement, the title reverts to the city.

From reports, it seems that Emerald will target its efforts to federal agencies to imprison undocumented immigrants and be the latest site for expanding national detention capacity.

The facility would house 2,500 [undocumented immigrants] and would be considered a medium/minimum security facility.

Officials mistakenly think that building this prison in their backyard would contribute to economic development and increase jobs in the area.

Folks in Clarksville need to learn from the research that debunks that myth. For example the research published by blog contributor Bob Libal and his colleagues at Grassroots Leadership. They developed the report Considering a Private Jail, Prison, or Detention Center as a resource for public officials considering these decisions. The report debunks the myth that prisons contribute to economic growth.

The research reveals that prisons have not played a prominent role in economic growth in either metropolitan or rural counties. Moreover, new prisons actually impeded private and total economic growth in depressed rural counties. Contrary to the widely held beliefs about this subject, there was no evidence at all that prisons helped to lower unemployment rates, raise median family incomes, or increase earnings.

It will be interesting to track the developments that happen in Clarksville and whether Red River County will be the latest location for a private prison.

Recently, The GEO Group, INC. held a conference call on earnings during the first quarter of 2008. During the call, company officials gave themselves a pat on the back for growing financial interests due in part to an increase in the average per diem rate of incarceration to $59.74 from $53.80 last year.

George Zoley, GEO Chairman & CEO, stated that before the end of 2008, the company will activate 5,300 new beds around the nation, contributing to $92 million in additional operating revenue.

Zoley discussed the company's Texas operations at length. Apparently, the prison profiteers have several projects in the pipeline that will increase Texas private prison beds:

Source: The GEO Group Inc.

These new facilities will increase private prison capacity in Texas to over 3,200.

During the Q&A section of the conference call, a curious listener asked about the Coke County facility. Y'all will remember that last year the facility was the center of controversy and GEO lost the contract with the Texas Youth Commission after horrible conditions were discovered. Zoley stated that the facility is empty, and GEO is searching for new customers to occupy the available beds.

As usual, these conference calls provide a great deal of information and allow us a glimpse into the priorities of private prison profiteers. Advocates in other states may wish to listen to the call or read the transcript (find link below) to learn about GEO prison expansion in their backyard.

Links:

• GEO Group INC. First Quarter 2008 Conference Call
  
• What Isn't Going Wrong in GEO Group's Texas Prisons?
• TYC Closes GEO's Coke County Facility

Colbert took on private prisons and Corrections Corporation of America on Thursday night on The Colbert Report. Take a look:

McClennan County officials recently approved the hire of 12 new jailers in order to comply with staffing standards stipulated by the Texas Commission on Jail Standards (TCJS). According to reports in the Waco Tribune, the decision was reached after two hour closed door meeting with their county attorneys.

TCJS issued a notice of noncompliance to local officials in December of 2007, when the facility failed state inspection due to staffing concerns. According to reports, as of April 2008, the county had not responded. The jail is run by CivicGenics, a private prison corporation that is a subsidiary of Community Education Centers, Inc.

McLennan County pays $27.50 a day for each of the first 50 inmates housed in the CiviGenics facility on Columbus Avenue. The rate goes to $28.50 a day for 51 to 70 inmates, and $31 for each inmate from 71 to 90. After 91 inmates, the rate jumps to $41.95 a day, officials have said.

County officials authorized an additional $203,000 to hire 12 new employees to staff the jail. The facility has been out of compliance with TCJS for years as it has struggled with jail crowding issues. Rather than identify community alternatives to reduce incarceration, like rethinking law enforcement practices, the county has received variances from the state agency to meet capacity demands.

While officials, have already authorized funding they are currently exploring other options.

They hired a jail magistrate this year to try to set bonds faster and ease overcrowding. They also have asked for an attorney general’s opinion to answer a number of legal concerns about the use of ankle monitors, proposed to help clear out the jail while monitoring alleged offenders.

Yet, the struggle to find jail capacity continues and the consequences are real -- resulting in additional expenses of taxpayer's money. Earlier this week, the privately managed facility held 965 detainees, when the current capacity is only 931.

The local ABC affiliate in Houston reported this morning that the Harris County Commissioners Court will approve a measure to send more Harris County Jail detainees across state lines. The detainees will be housed in a private lockup in Louisiana.

The county already pays out millions of dollars a year to the center in Louisiana. Some 600 inmates were moved there because of overcrowding issues in the past.

We have reported recently why this is a bad public policy and negatively impacts communities in the Houston area.

It is clear that Harris County leadership focuses on expanding capacity, rather than alternatives to incarceration that would decrease the jail population. The Houston Chronicle is also reporting that the Commissioners Court will send as many as 1,130 jail detainees out of the state.

The choice of county officials to send jail detainees out of state is in response to chronic overcrowding. Voters did not approve bonding authority last Novemer that would expand the jail, in no doubt because of negative publicity that has surrounded the jail including escapes and horrible amount of deaths.

Yet, the county continues to rely on expanding capacity as a solution to jail crowding rather than alternatives. Harris County officials have received recommendations from multiple sources including our friend Scott Henson at Grits for Breakfast and Mark Levin with the conservative Texas Public Policy Foundation to no avail.

Grits states in his post today that the in order to change way the county does it's business there needs to a leadership change. Harris County residents will have an opportunity later this year to change leaders who contribute to those who enter the jail and for how long they stay.

But there is another issue in Harris County as well. Currently, there is no capacity in the area to counter jail officials and other leaders in their drive to increase jail capacity. Opposition to such policies has been found in the Chronicle editorials and the blog posts of criminal justice policy watchers - including this one.

But I know of no organized effort, currently underway, to engage public officials in a dialogue around jail capacity that would reduce their reliance on incarceration. Until one emerges, public officials -- old ones and new - will more likely to continue to rely on expanding capacity to solve crowding issues.

A great new interactive site has been developed by Renee Feltz and Stokely Baksh, students at the Columbia University Graduate School of Journalism, called The Business of Detention. Check out the trailer:

The site features interviews with yours truly and Texas Prison Bid'ness found Judy Greene. We'll feature more clips from the Business of Detention in the coming days, but please check out the website for more information on the rise of the private detention industry in Texas.

Recent media reports at the T. Don Hutto detention center, a prison owned by the Corrections Corporation of America (CCA), highlight changes to the private prison.  The notorious Hutto facility has been the target of numerous protests and a lawsuit as a result of its use to incarcerate immigrant families; some detainees as young as  newborns.  Press reports state that government officials are using a media blitz to lay the groundwork for additional family detention facilities that will be added to federal prison capacity over the next year.

According to an article in the San Antonio Express-News, reporter Hernán Rozemberg states:

Mired in controversy since its opening in May 2006, the 512-bed center has been through several makeovers. Administrators opened it for a swift media tour Tuesday to show how much has changed since the first tour 14 months ago.

Last year, the use of family detention at the private prison was resulted in litigation by the American Civil Liberties Union and the Immigration Clinic at the University of Texas Law School.  The lawsuit settlement required CCA, which contracts with Immigration and Customs Enforcement (ICE) and Williamson County, to meet comply with several standards that change the conditions of confinement at the prison.

ICE officials, like Gary Mead, stated in an Austin American-Statesman article written by Juan Castillo, that they learned a lot as they moved to lock up children and their parents:

"Candidly, when (Hutto) opened, we were new to the family residential facility business. We learned a lot," Gary Mead, acting director for detention and removal at Immigration and Customs Enforcement, said Tuesday.

As a result the changes required by the settlement and to improve public relations, the private prison recently opened its doors to the media to advertise changes underway at the facility.  Despite any aesthetic changes and additions of certain amenities, the facility in Taylor, Texas is fundamentally still a prison. 

Specifically, certain structures such as cell walls and the location of toilets in the space where someone sleeps cannot be altered.  However, that does prevent the news media from participating in the coordinated public relations campaign According to news reports those changes include:

• Metal toilets changed to porcelain;
• Curtains to surround the toilet and shower area;
• Eliminating the razor wire that surrounds the private prison;
• Outdoor recreation area that includes two soccer fields, a volleyball court, and tow playgrounds;
• Exercise area including treadmills and stationary bikes;;
• Planned fieldtrips for the children who are imprisoned; and
• Salad bar and a "hot bar" in the cafeteria — and the more homestyle recipes are a hit with the mostly Central American detainees thanks to one of them working as a cook.

Regardless of these changes, Hutto continues to be a private prison.  What continues to be disturbing is that ICE is going to expand the policy of locking up families.  Once again this represents a failed social policy as the United States continues to rely on incarceration even though Congress has insisted on alternatives to family detention.

Given that ICE is implying that they are looking to expand family detention capacity, we will monitor these developments.