Scandals

Mineral Wells Profile, Pt. 1

nick — Mon, 27 Oct 2008 09:18:58 -0600

This is the first of a three-part report to Texas Prison Bid'ness based on research on the Mineral Wells Pre-Parole Transfer Facility conducted by Grassroots Leadership. The Mineral Wells facility is a contract-facility under the jurisdiction of the Texas Department of Criminal Justice. For more information, please contact Nick Hudson using our contact form.

After receiving a steady stream of reports about unsafe conditions at Corrections Corporation of America's Mineral Wells Unit, and a reader's report of a large disturbance at the facility in July, Grassroots Leadership filed an open records request for data on the 2,100-bed Pre-Parole Transfer Facility. This report documents the pattern of abuse and mistreatment suffered by prisoners at Mineral Wells that has been corroborated by multiple family members of people held at Mineral Wells.

We requested any documents referencing major uses of force, sexual assaults, riots, or criminal cases at the facility between January 1, 2006 and July 23rd of this year. The documents we received indicate that, between January 1, 2006 and July 23, 2008, the CCA-managed prison reported one sexual assault allegation, opened eight criminal cases involving sexual contact between guards or facility personnel and prisoners, recorded thirty-one major uses of force by officers at the facility, and detailed one large disturbance in August of 2007 involving 36 prisoners and 20 staff members that lasted almost four hours and ended only after CCA staff used chemical agents.

We weren't able to confirm through documents the large disturbance reported by one of our readers in July. TDCJ received our request on or around the day of the reported riot, though, and it's probable that the agency excluded it from disclosure based on the original date printed on our request. If we are able to confirm that the riot occurred, it would be the second large riot at the facility in less than a year. We're following up with further inquiry.

This will be a three-part report. Today, I'll be reporting on sexual assault and sexual contact data. Next Monday, we'll investigate use of force allegations at the facility. On November 10, we'll report on details of the August 2007 disturbance.

Reported Sexual Assault and Sexual Contact Between Guards and Prisoners at Mineral Wells

We were provided basic information on nine files referencing either sexual assault or sexual contact between Mineral Wells staff and prisoners at the Mineral Wells Pre-Parole Transfer Facility between January 1, 2006 and July 28, 2008.

One criminal file we received regarded an allegation of sexual assault at the facility during the period of our request. We weren't provided with any information on how the case proceeded, but we will work to determine whether it resulted in any convictions. Below is a brief summary:

#06-2153 a case regarding allegations that a prisoner was sexually assaulted by four other prisoners every night for a period of about six months.

In addition to the criminal case above, we received information on eight criminal cases pertaining to sexual contact between guards or facility personnel and prisoners at Mineral Wells; the contact in all cases was ostensibly consensual, but sexual contact is understandably classified as a violation of the prisoners' civil rights punishable as a state jail felony in Texas. At least one of the cases referenced resulted in the prosecution of a staff member from the facility.

One of the eight reported sexual contact cases remains inexplicably open. An allegation of sexual contact was made in January of 2006, and the case file remains unresolved by the OIG almost three years later.

Two of the eight sexual contact cases, both from 2007, were declined for prosecution; they did not result in a conviction or deferred adjudication. The case files still contain information to support future reconsideration of criminal charges against employees, though.

Idaho Removes Some Prisoners from Texas Private Prisons

Bob — Wed, 15 Oct 2008 09:28:44 -0600

This story is a few weeks old at this point, but it certainly is worth a mention. Idaho, the state with the most out-of-state prisoners held in private lock-ups in Texas has decided to bring some of its inmates back to prisons within its borders. According to the Associated Press ("Idaho brings 80 inmates back from Texas, Oklahoma," October 1),

For a decade, Idaho has been shipping some of its prisoners to out-of-state prisons, dealing with its ever-burgeoning inmate population by renting beds in faraway facilities.

But now some groups of prisoners are being brought back home. Idaho Department of Correction officials are crediting declining crime rates, improved oversight during probation, better community programs and increased communication between correction officials and the state's parole board.

The number of Idaho inmates has more than doubled since 1996, reaching a high of 7,467 in May. But in the months since then, the population has declined to 7,293 -- opening up enough space that 80 inmates housed in the North Fork Correctional Facility in Sayre, Okla., and at Bill Clayton Detention Center in Littlefield, Texas, could be bused back to the Idaho State Correctional Institution near Boise. The inmates arrived Monday night.

Of course, shipping inmates over 1,000 miles away to a largely unregulated private prison system can create pretty gruesome consequences. Idaho's "virtual prison program" and Texas' private prison system more generally came under scrutiny after the tragic suicide of Scot Noble Payne, who died at GEO's Dickens County Correctional Center in 2007.

Another Idaho inmate, Randall McCullough, killed himself in GEO's Bill Clayton Detention Center in Littlefield earlier this year after being held in solitary confinement as an administrative penalty for a fight. According to the Texas Commission on Jail Standards September 1st population report, the Bill Clayton center held 371 contract prisoners, presumably all Idaho prisoners, meaning a significant amount of Idaho prisoners will remain in Texas for the time being.

Why Texas continues to allow the importation of out-of-state prisoners to state private prisons when we clearly have our own in-house problems baffles me. We'll keep you posted on developments.

Lawmaker Requests AG Opinion

Nicole — Tue, 23 Sep 2008 07:34:43 -0600

State Represenative, Kevin Bailey (D-Houston), requested an Attorney General (AG) opinion on whether it is legal for a sheriff to accept a fee for work with a private prison company, according to the Waco Tribune ("Texas House member asks state to rule on whether sheriff's pay from work with private detention company is legal," September 21).

Bailey currently chairs the House Committee on Urban Affairs. His AG requests comes after several private contract scandals surfaced. Over the last year, sheriffs in Bexar County and McLennan County have come under scrutiny.

McLennan County officials have rationalized why they believe the payments from private contractors are acceptable. According to an attorney that represents McLennan County, Sheriff Lynch receives a $12,000 salary supplement -- paid to the county from CivicGenics -- for administrative services associated with leasing the county's downtown jail to the private prison company.

Bailey's request asks for certain clarifications in current law.

“Although the sheriff may not actually be a shareholder of the private organization and hold a shareholder’s interest in the private organization, there can be no doubt that the sheriff would have a ‘financial interest’ in the private organizations’ contract with the county if the sheriff receives a sizable administrative fee after approving of the contract if the contract includes such an administrative fee to the sheriff,” Bailey wrote in his letter. “Thus, such an arrangement would violate the spirit and intent, if not the language of the law.”

There are over 256 counties in Texas. Each elects a sheriff that runs and manages the county jail. There is extremely limited oversight these sheriff's actions and their management of the jail. So, further clarification by the AG would be helpful. We will keep you posted on the AG's opinion. read more »

For related coverage see the following posts:

AP on Idaho Inmates in Texas Private Prisons

Bob — Mon, 22 Sep 2008 10:54:03 -0600

Via Grits for Breakfast, The Associated Press's Andrea Jackson has an excellent expose ("Idaho's out-of-state prison population grows," September 21) on the state of Idaho's "Virtual Prison Project," the practice of sending its inmates to out-of-state private prisons, including a number here in Texas. The results of sending prisoners thousands of miles away from family members, support networks, and attorneys has been, predictably, not good:

Drashner, convicted of repeat drunken driving, is one of three Idaho inmates who have died in the custody of private lockups in other states since March 2007. He was the first this year.

On Aug. 18, Twin Falls native Randall McCullough, 37, was found dead in his cell at the Bill Clayton Detention Center in Littlefield, Texas. McCullough was serving time for robbery and authorities believe he committed suicide.

State Department of Correction officials say he left a note, although autopsy results.

His family says he shouldn't have been in Texas at all.

Two of the three deaths in out-of-state private prisons were suicides occuring in GEO Group facilities in Texas. Scot Noble Payne died tragically in the GEO Group's Dickens County Correctional Center after complaining of squalid conditions at the facility. A subsequent report from the Idaho Department of Correction's Health Director called the prison the worst facility he'd ever seen. This summer, Randall McCullough took his own life after spending more than a year in solitary confinement at the Bill Clayton Detention Centerin Littlefield, Texas after a fight in which no criminal charges were filed. According to the story, conditions at Bill Clayton are fairly appalling:

During recent visits to the Bill Clayton Detention Center in Littlefield, Texas — where about 371 Idaho inmates are now held — state inspectors found there wasn't a legal aid staffer to give inmates access to courts, as required by the state contract. Virtual Prison monitors also agreed with Aragon's assessment of the facility.

"No programs are offered at the facility," a state official wrote in a recently redacted Idaho Virtual Prison report obtained by the Times-News. "Most jobs have to do with keeping the facility clean and appear to be less meaningful. This creates a shortage of productive time with the inmates.

"Overall, recreational activities are very sparse within the facility — Informal attempts have been made to encourage the facility to increase offender activities that would in the long run ease some of the boredom that IDOC inmates are experiencing," according to a Virtual Prison report.

The prison has since made improvements, the state said.

Only one inmate case manager worked at Bill Clayton during a recent state visit, but the facility did increase recreation time and implemented in-cell hobby craft programs, Virtual Prison reports show. Other inmate complaints center around the way they the were transported out of state.

Clearly, Idaho is making a mistake in sending prisoners to private prisons out-of-state. The state has options, including investing in drug treatment programs and alternatives to incarceration programs that might have a better success rate than sending folks to lock-ups across the country. As Kathleen reported last year here at Texas Prison Bid'ness, an enormous amount of Idaho's prison population is addicted to drugs or alcohol:

A more rational system would actually look first at whether or not these folks need to be incarcerated, and especially how many of them would benefit from drug treatment in the community. Both Montana and Idaho are stuffing their prisons with folks who are addicted to drugs and alcohol. Idaho's Understanding Growth report from 2006 explained that over 85% of their offenders have substance abuse issues. Montana's in similar boat: they reported last fall that 93% of folks in pre-release have a substance abuse problem. Investments in treatment will get us more of the results we want, and stop the relentless swing of the "revolving door" on state prisons. But instead we get higher prison budgets and less money for drug treatment in and out of prison.

In addition to being poor policy on the part of Idaho's state lawmakers, it's also bewildering that the state of Texas, which has its share of private prison problems, would allow an out-of-state entity to continue to ship prisoners into the state. This especially true when at Texas agency, the Texas Commission on Jail Standards, is charged with overseeing these facilities. It may be time for state lawmakers to revisit this policy. In the words of Randall McCullough's sister:

"Idaho should step up to the plate and bring their prisoners home," said his sister, Laurie Williams.

Grits Covers Jail Commissary Contract Scandal

Nicole — Sat, 13 Sep 2008 09:48:26 -0600

Our pal Scott at Grits for Breakfast recently discussed the Potter County jail commissary contract scandal ("Commissary vendor pleads guilty to organized crime charges," September 12).

This latest development emphasizes that as elected officials, Sheriffs, are quite susceptible to corruption and bribery. This is particularly troubling since Sheriffs are the public officials that manage jails and contribute a great deal to local criminal justice policies.

Sheriffs directly impact who comes into their jails and how long they stay. As a result, the fact several sheriffs including those in Bexar and Potter county are known to have taken bribes from private contractors is disgusting.

Idaho Inmate Died After More Than a Year in GEO's Solitary Confinement

Bob — Thu, 04 Sep 2008 13:09:28 -0600

The Magic Valley Times-News' Andrea Jackson had an important piece last week ("Inmate died in solitary confinement," August 28th) on the death of Idaho inmate Randall McCullough at GEO Group's Bill Clayton Detention Center in Littlefield, Texas. Unfortunately, the article does not appear to be online anymore, but this is an excerpt:

An Idaho prison inmate held at a private facility in Texas through the state's Virtual Prison Program was in solitary confinement for more than a year when he apparently killed himself, authorities have confirmed.

Idaho Department of Correction is still investigating the cause and manner of death for the inmate, Randall McCullough, 37, who was found unresponsive Aug. 18 in his cell, which measured 7.5 feet, by 12 feet, by 8 feet, said Idaho Department of Correction Spokesman Jeff Ray.

McCullough had been segregated from other inmates since Dec. 13, 2007, after he allegedly assaulted a staff member at the Bill Clayton Detention Center run by Geo Group Inc., said Ray.

He apparently wasn't criminally charged for that alleged assault in Texas. "It's our understanding that the prosecutor in Texas had not made a decision on whether or not to file charges," said Ray. "The staff assault occurred in Texas and would be considered a Texas crime. IDOC would not have a direct connection to it."

If GEO is dealing with potential crimes committed within their prisons by not referring them to the criminal justice system and instead simply remanding prisoners to solitary confinement, Idaho and other clients should ask major concerns about GEO Group operations. Of course, Idaho shouldn't need any more evidence that sending prisoners to GEO's Texas prisons is a bad idea.

Read more about the latest tragedy in a Texas GEO Group prison here.

Teen Uses Football to Smuggle Contraband into CCA Prison

Nicole — Mon, 25 Aug 2008 15:42:11 -0600

This story should be added to the always growing list of private prison scandals, Mineral Wells Index ("Teen Caught with pot near prison" August 25, 2008):

A 14-year-old male was taken into custody late Thursday night near the Corrections Corporation of America facility after they were notified of a “suspicious person” in the 700 block of Heintzelman Road.

According to police reports the youth attempted to send two footballs stuffed with marijuana and cell phones. read more »

Feeling the Heat, Corrections Corp. Launches "The CCA 360" to Respond to Critics

Bob — Wed, 20 Aug 2008 08:46:33 -0600

Corrections Corporation of America has launched The CCA 360.com a website for the corporation to respond to critics. You'd think that a leading corporation in a billion dollar industry such as private prisons would be able to come up with something more catchy than "The CCA 360" for a website, but apparently not. The website is a response to ongoing criticism of the private prison industry generally and CCA's operations more specifically. According to a front-page post by CEO John Ferguson:

For people seeking the unfiltered, full 360-degree view of CCA, we have created this Web site - TheCCA360.com. This site provides greater detail about news coverage of CCA, including the publicized tragic death of an inmate in a CCA facility, and viewpoints we’ve shared with our customers and employees.

The website apparently was developted to take on criticism of the company's operations by non-governmental organizations and activists though Texas Prison Bid'ness has not yet made the company's hit-list! Our friend Alex Friedmann, the former CCA prisoner whose efforts seem to have de-railed the federal judicial nomination of former CCA chief counsel Gus Puryear has. The website also addresses critics of CCA's T. Don Hutto family detention center claiming, as ICE has in the past, that improvements at Hutto had nothing to do with public protests, a litigation settlement, or widespread media scrutiny.

As soon as CCA was selected to assist ICE with this pressing need, ICE and CCA began working together to renovate the facility to meet the needs of its new population. While extensive media coverage has implied that reforms were the result of litigation, ICE maintained a deliberate and systematic program for the development of the Hutto facility throughout the period of the contract. That contract and that development process are still ongoing.

I'm not sure that I believe that, seeing as none of the improvements to Hutto were apparently made before the facility was condemned in a series of protests and news articles starting in December 2006. Regardless, this new CCA website should give private prison opponents an interesting look into the company's public relations machine.

McLennan County Votes for New Private Jail

Bob — Thu, 14 Aug 2008 08:41:24 -0600

Just over a week after McLennan County voted not to privatize their existing jail and only two days after the Combined Law Enforcement Association of Texas asked for an investigation into suspicious dealings between the county and private prison company CEC/CiviGenics,
the McLennan County Commissioners Court has voted to authorize a new
871-bed jail to be operated by CEC/CiviGenics. According to the Waco Trib blog,

A split McLennan County commissioners court voted Wednesday to renew its contract with Community Education Centers of New Jersey to operate the downtown McLennan County Detention Center and authorized CEC to finance, build and operate a new 871-bed jail adjacent to the one on State Highway 6.

With Commissioners Lester Gibson and Joe Mashek voting against the proposal, County Judge Jim Lewis and Commissioners Ray Meadows and Wendall Crunk voted during a budget work session Wednesday to allow the private company to build the new jail at no cost to the taxpayers.

Commissioners recessed their regular Tuesday morning meeting instead of adjourning it, which allowed them to take action at Wednesday’s session.

The fact that this decision was reached in a special session, outside the watchful eye of the law enforcement officers that have opposed privatization, against the advice of the local paper, and with a split Commission will not make this decision any more popular. I have a feeling this isn't the last we've hear on the McLennan County private jail fight.

More Private Prison Tents in West Texas?

Bob — Fri, 08 Aug 2008 10:46:35 -0600

Are tents catching on as the latest fad in private prison construction in Texas?

It's bTent Cityeen widely reported that Management and Training Corporation's Willacy Detention Center in Raymondville is home to 2,000 detainees contracted from Immigration and Customs Enforcement living in windowless Kevlar tent-like structures. The facility has become known as "Tent City." Another 1,000 detainees reside at the WDC in brick-and-mortar buildings the company calls "firm structures." The facility's tents had to be evacuated in the run-up to Hurricane Dolly last month.

Now Sierra Blancacomes word out of west Texas that Emerald Corrections is constructing a tent-like addition to its Hudspeth County Regional Correctional Center in Sierra Blanca. The Hudspeth facility was built as a U.S. Marshal's facility, and drew controversy over its financing mechanism, and is most likely housing immigrants being criminally prosecuted for immigration-related crimes.

I first heard that the facility was expanding from Sierra Blanca environmental and social justice actiSierra Blancavist Bill Addington, and it's now confirmed in pictures from Border Ambassador and frequent private prison protestor Jay Johnson-Castro. These structures look fairly similar to the Raymondville facility, though I've heard they may be constructed out of a foam-like structure. The facility may have to worry about failing federal reviews, as many federally-contracted private prisons have in the past several years, as reported by the Texas Observer.

It's certainly a disturbing trend in private prison development. We'll keep you posted.

Scandals

Mineral Wells Profile, Pt. 1

Reported Sexual Assault and Sexual Contact Between Guards and Prisoners at Mineral Wells

Idaho Removes Some Prisoners from Texas Private Prisons

Lawmaker Requests AG Opinion

For related coverage see the following posts:

Private Commissary Contracts Lead to Corruption in Bexar County

Bexar County Sheriff Indicted

Grits Covers Jail Commissary Contract Scandal

Sheriff’s Confidant Pleads Guilty in Bexar County/Premier Management Scandal

Potter County Sheriff Bribed by Jail Commissary Manager

AP on Idaho Inmates in Texas Private Prisons

Grits Covers Jail Commissary Contract Scandal

Idaho Inmate Died After More Than a Year in GEO's Solitary Confinement

Teen Uses Football to Smuggle Contraband into CCA Prison

Feeling the Heat, Corrections Corp. Launches "The CCA 360" to Respond to Critics

McLennan County Votes for New Private Jail

More Private Prison Tents in West Texas?