Texas Prison Bid'ness

Another year has passed here at Texas Prison Bid'ness, and what an exciting year it has been. As we have done in the past, the bloggers here at TPB would like to recap our favorite or perhaps the most memorable stories/topics over the past year.  Over the next few days, we'll be posting 2009's top five stories related to private prisons.

While the private prison industry continues to grow, several Texas communities said no to private prison sitings in Texas this year. This is the third biggest TPB story of 2009. 

 #3 Private prison proposals defeated in Texas communities

1. Emerald pushes Mineral Wells detention center three times in 2009... 

In Mineral Wells, private prison corporation Emerald Corrections first approached the city about building a speculative immigrant detention center in early 2009.  The company met tough opposition by local businesses and community members, who argued that the economic expense was too great for any benefits the community might receive.  The proposal was withdrawn, but not for long.  Emerald's second proposal for a private detention center was rejected when a motion to continue negotiations with the company died for lack of a second after city leaders balked at being asked to finance the prison through revenue bonds.  The company was not to be deterred however, and is moving into 2010 with yet a third private detention center proposal under negotiations. Emerald also had two similar speculative prison proposals defeated in Caldwell County last year.

2) CLEAT and community opposition defeat Southwestern jail in Grayson County...

In September, we reported that Grayson County's jail bond election had been canceled, and efforts to build a new Southwestern Correctional jail may have been squelched.  The move was a major victory for the Combined Law Enforcement Association of Texas (CLEAT) and other opponents of jail privatization.  CLEAT had indicated that it would file a lawsuit challenging the legality of the Grayson County Commissioners Court meeting that occurred on August 31.  In that meeting, Grayson County had approved a November public jail bond election at that meeting, but Commisioners were hedging their bets on the bond proposal. They also approved several items that would have moved privatization of the jail forward, including a new public facilities corporation (PFC) that would have sidestepped voters by financing a private facility with revenue bonds, and the form of a contract with Southwestern Correctional to build and operate the Grayson County Jail.  While Grayson is still debating its jail's future, privatization does not seem the most likely option today. 

3) Feds Reject Proposed MTC Prison in Nacogdoches

Over the next few days, we'll be posting 2009's top six stories related to private prisons.  This is the fourth biggest story of the year. 

#4 - Small Companies, Big Scandals

Some of the smaller private prison corporations had the biggest controversies in 2009.  From debates over CEC's payments to the McLennan County Sheriff to LCS's flagship failure and big problems at Southwestern Correctional, it's been a tough year for the small private prison companies. 

1. LCS Corrections' "Flagship" Facility Failures.  The Coastal Bend Detention Center, LCS Corrections' so-called "flagship facility" had an assortment of problems in 2009. In January, LCS had to lay off 35 employees, who they re-hired in March.  In September, the facility failed a Texas Commission on Jail Standards inspection, leading the normally diplomatic commission chief Adan Muñoz to say of the facility, "I have to bring any remedial order before the [jail] commission, but this borders really close to complete incompetence."   In November, Coastal Bend accidentally released an inmate, a mistake that wasn't noticed for three weeks.  The facility remains on "At Risk" status, meaning the TCJS has full authority to conduct unannounced inspections.

2. Southwestern Correctional Problems in Burnet County.  Southwestern Correctional's Burnet County jail rivaled LCS's Coastal Bend facility as the most rebuked private jail for 2009.  In November, the company drew a fairly sharp rebuke from Texas Commission on Jail Standards head Adan Muñoz for not providing medical care to a pregnant inmate or providing medication to inmates with mental health problems.  In September, the Burnet facility was deemed non-compliant by TCJS after an escape lead to an inspection.  At that point, Muñoz said “The best way to describe it is a lack of diligence, a lack of professionalism."  The facility drew broad opposition in Burnet County even before it was built with residents siting the pitfalls of jail privatization and the potential dangers in floating debt for private jail expansion.

3. Community Education Centers, the private prison corporation formerly known as CiviGenics, had another dramatic year.  For years CEC has been paying McLennan County Sheriff Larry Lynch (and his precedessors) a "stipend" for the nominal oversight of additional prisoners in the company's downtown facility.  According to state law, Sheriffs must authorize a private detention company's presence in the county under its jurisdiction. In 2008, Waco Sheriff Larry Lynch continued to receive the kickback despite a contentious debate over whether to build a new CEC facility in McLennan County.  Former State Representative Kevin Bailey, then Chair of the Committee on Urban Affairs, requested an opinion of the Attorney General, and a bill was filed in 2009 (though ultimately wasn't successful) to outlaw the practice.  Debate flared once again this September, when Tommy Witherspoon at the Waco Tribune reported that long-standing payment practice of the Sheriff by CEC would not expand despite a new CEC lock-up opening in McLennan. Witherspoon's investigative reporting also uncovered that Limestone County Sheriff Dennis Wilson, whose county annual salary is $49,457, is paid a $24,000 stipend yearly by the county in its contract with CEC.

CEC also had problems in Kinney County, where a bribery lead to an escape and the facility's closure. On October 23rd, an inmate escaped from Community Education Centers' (CEC) Kinney County Detention Center in Brackettville, TX. Shortly after the escape, the warden of the facility, Mickey Hubert, resigned from his position on November 2nd. CEC closed down the facility temporarily with no word on if or when they plan to re-open, leaving all employees without work. The U.S. Marshals moved the remaining inmates who were left behind to other nearby facilities.

Stay tuned for the top three private prison stories of the year...

Southwestern Correctional's Burnet County jail drew a fairly sharp rebuke from Texas Commission on Jail Standards' head Adan Muñoz for apparently not providing medical care to a pregnant inmate, amongst other problems.  According to a KXAN story ("Surprise jail visit uncovers new issues," October 20),

On a surprise visit last Thursday, jail inspectors found concerns inside after questioning two female inmates. One was pregnant and said she was not given proper medication. Another mental health patient said she was not given her medicaiton either, so inspectors checked her medical chart.

"There were certain medications that needed to be prescribed for her that had not been given to her, and that's obviously not in compliance with jail standards," said Adan Munoz, executive director of the Texas Commission on Jail Standards .

"They get excellent care here," said Tammy Manning, the Burnet County Jail medical supervisor. Manning was out of town during the inspection but normally sees the inmate who she said had been refusing to show up to appointments after they were scheduled. The situation had not been documented on her medical chart that state inspectors reviewed. "We do have room for improvement in our documentation," said Manning. "And our actional plan we put into place Friday was to improve our documentation so this will not happen again."

One of the female inmates also said they were not getting recreation time everyday. "We went on to check the recreation log to see if their concerns were valid," said Munoz. "We couldn't even find a recreation log."
 Burnet County Jail Warden Bruce Armstrong admits there was a breakdown there, too.

"We run rec everyday," said Armstrong. "And the officer calls in the count to the central control officer whose suppose to be logging the count down on how many offenders went to rec, and they were neglecting to document the count."

Armstrong said it has been taken care of, but the state said there is one more requirement the county has yet to comply with.

The state does not have the jail's operational plan, which covers everything from what to do in case of a fire to how to administer health care. "The fact that it's been open since April and still not within our agency certainly gives us great concern," said Munoz.  The county told the state they were working on it. Munoz sent written notification of the deficiencies to the county and Southwest Corrections, the company who manages the jail. They have 30 days to comply.

Southwestern's Burnet lock-up was deemed non-compliant by TCJS in September after an escape lead to an inspection.  At that point, Muñoz said “The best way to describe it is a lack of diligence, a lack of professionalism."  The facility drew broad opposition in Burnet County even before it was built with residents siting the now proven downfalls of private jail companies and potential dangers in floating debt for private jail expansion.  We'll keep you posted on Burnet's continuing problems with Southwestern Correctional. 

Kathy Williams reports that Grayson County's jail bond election is canceled, and County Judge Drue Bynum's desire to build a new private jail may be squelched. From the Sherman Herald-Democrat ("Grayson County jail bond election canceled; entire process could begin anew", Sep. 10):

There will be no Grayson County Jail bond election Nov. 3. County Judge Drue Bynum said Thursday he also holds little hope of getting a privately built and operated jail approved. So Grayson County will begin anew the process of deciding what to do with an aging jail and future inmate populations.

The Combined Law Enforcement Association of Texas (CLEAT) indicated on Wednesday it would file a lawsuit challenging the legality of the entire Grayson County Commissioners Court meeting that occurred on August 31 in state district court. Andrew wrote last week that Grayson County approved a November public jail bond election at that meeting, but Commisioners were hedging their bets on the bond proposal. On August 31, commissioners also approved several items that would have moved privatization of the County Jail forward, including a new public facilities corporation (PFC) that would have sidestepped voters by financing a private facility with revenue bonds, and the form of a contract with Southwest Correctional to build and operate the Grayson County Jail (for more on Public Facility Corporations, check out Considering a Private Jail, Prison or Detention Center? A Resource Packet for Community Members and Public Officials).

According to CLEAT, the County Commissioners Court violated the Texas Open Meetings Act by posting its August 31 agenda at least one minute short of the 72-hour advance notice required by law. If CLEAT won a declaratory judgment against Grayson, the County Commissioners Court would have to void all actions taken during the August 31 meeting. This would require the county to postpone any jail bond election until May of 2010.

County Judge Drue Bynum, who indicated to the Herald-Democrat on Wednesday that he was ready to confront the legal challenge from CLEAT, conceded Thursday that the Commissioners Court did, in fact, violate the Texas Open Meetings Act.

From the Herald Democrat:

As much as I hate to acknowledge it, we were late and we didn't meet the letter of the law. I think we certainly met the spirit," Bynum said in a telephone interview. "I am willing to void the entire 31 Aug. agenda. ... Obviously we won't need to ratify the entire bond election, because it's too late for that. Bynum said the Court will have to discuss Monday where to go from here on the jail issue.

We'll be following developments from Grayson County closely.

A special note-- Kathy Williams at the Sherman Herald Democrat deserves our high-praise for doing such a stellar job of reporting on the Grayson County Jail saga. Thanks, from all of us at Texas Prison Bid'ness!

Related:

• Southwestern Correctional has major problems in Burnet; Are Grayson Commissioners watching? (Sept. 4, 2009)
• Grayson County's Decision to Privatize Goes to Public Vote (Sept. 3, 2009)
• Considering a Private Jail, Prison or Detention Center? Grassroots Leadership Releases Updated Guide for Community Members and Public Officials (Sept. 3, 2009)
• Sherman's Fight Against Proposed Private Prison (Aug. 28, 2009)
• Grayson Commissioners sidestep voters with privatization scheme (July 23, 2009)