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Bill Clayton Detention Center
Littlefield, Texas
GEO Group (formerly
Correctional Services Corporation, formerly run by Corrections Concepts)
December 13, 2008 Lubbock On-line
GEO Group Inc. says it has canceled its contract with the city of
Littlefield and plans to terminate 74 employees at the Bill Clayton Detention
Center effective Jan. 5 The Boca Raton-based Fla. company gave official notice
last month, filing a mass layoff Worker Adjustment and Retraining Act letter
with the city in accordance with federal law. The letter was obtained by The
Avalanche-Journal. Under the law, an organization terminating 50 or more
employees must give at least 60 days notice. GEO's decision was made shortly
after it learned its own contract had been canceled with the Idaho Department of
Corrections, which according to the Times-News in Twin Falls, Idaho, cited
prisoner safety concerns. IDOC had contracted with the for-profit corporation to
house 300 of its inmates in the one-time youth detention facility owned by the
city. Some of those inmates, according to the Times-News, will be transferred to
the North Fork Corrections Facility in Sayer, Okla., which is operated by
Corrections Corp. of America. "We understand the gravity of the situation and
the citizens' concerns, but we are working hard toward a solution," said Danny
Davis, Littlefield city manager, who was informed about GEO's decision on Nov.
7. He said the city has since hired Woodlands-based Carlisle & Associates, a
municipal consultant, which has been brought on board to sell the 372-bed
prison. Littlefield, which issued revenue bonds to construct the facility as
part of an economic development strategy, still owes $10 million. However, Davis
said, the city had already set aside a year's worth of bond payments as a
precautionary measure when it made the decision to build. "We have enough to
make at least the next three payments," adding the city should not have to tap
those reserve funds until August. Danny Soliz, director of business services for
WorkForce Solutions South Plains - the area's largest job placement/training
organization - said he met with Littlefield prison guards during 12 hours of
informational sessions Wednesday. "We'll be doing everything we can to help
them," he said. Soliz said many of the workers told him they have no intention
of leaving Littlefield, while others showed interest in applying for jobs at the
new Lubbock County Jail and the Montford Psychiatric Unit operated by the Texas
Department of Criminal Justice. Soliz said WorkForce brought in an expert from
Fort Worth to assist workers in filing for unemployment benefits. Davis said the
city is working on a number of scenarios involving filling the facility with
inmates from other areas on a temporary basis. "We've also talked with a number
of people who are interested in buying it. There are a lot of entities out there
looking for beds, but it takes time for these solutions to transpire," he said.
December 9, 2008 Yahoo
Fitch Ratings has placed the 'BBB-' rating on Littlefield, TX's (the city)
outstanding $1.4 million combination tax and revenue certificates of obligation
(COs), series 1997 on Rating Watch Negative. The CO's constitute a general
obligation of the city, payable from ad valorem taxes limited to $2.50 per $100
taxable assessed valuation (TAV). Additionally, the COs are secured by a pledge
of surplus water and sewer revenues. The Negative Watch reflects recent events
related to the operation of the city's detention center facility, which accounts
for the majority of outstanding debt. Officials are pursuing various
alternatives to remedy the situation, with possible resolution within the next
several months. Funds to repay debt service on detention center COs (which were
not rated by Fitch) over the next one to two years have been identified through
available city funds as well as a debt service reserve fund. However, failure to
develop a viable long-term solution within the near term will have a negative
impact on the rating. Detention center operations support approximately $1.4
million in outstanding 2000 COs and $9.0 million in outstanding 2001 COs issued
for the construction of the facility. The detention center has a history of
difficulties, beginning with construction delays and the subsequent loss of
Texas Youth Commission (TYC) prisoners in 2003 and State of Wyoming prisoners in
2006. Detention center operations began to stabilize with the near immediate
replacement of the State of Idaho prisoners in the facility. The city's contract
with Idaho was scheduled to expire in July 2009, with negotiations for contract
renewal planned for January 2009. However, to the surprise of city officials,
Idaho recently announced their plans to leave the Littlefield facility in
January 2009, citing the need to consolidate all of its out-of-state prisoners
into a larger facility in Oklahoma. In addition, the detention center's private
operator, the Geo Group unexpectedly announced termination of their agreement to
manage the facility effective January 2009. The move to leave Littlefield by the
Geo Group is significant, given that the established private operator had made
sizable equity investments in the detention center reportedly totaling
approximately $2 million. In the past, the ability of the Geo Group to quickly
replace prisoners with little disruption in operations as well as their
investment in the Littlefield detention center were cited as credit strengths.
In response to the sudden loss of both prisoners and operators, city officials
are investigating various options. According to the city, a number of other jail
operators have expressed interest in managing the Littlefield facility. In
addition, officials are considering selling the facility and retiring the
outstanding debt. Officials have expressed the need to resolve this issue
quickly and hope to have additional information within the next several months.
In the interim, officials report that sufficient funds are on hand to make the
Feb. 1 debt service payment, with the subsequent payments made from other
resources, including the water and sewer fund as well as the debt service
reserve fund. Prior to fiscal 2006, the detention center fund required transfers
primarily from the water and sewer fund to meet operating and debt service
needs. Since that time, detention center net revenues have been sufficient to
cover its debt, providing 1.1 times (x) coverage in fiscal 2007. The water and
sewer fund, which supports the remainder of the city's general obligation debt,
continues to record positive results and for fiscal 2007, net revenues were $1.4
million, providing more than 3x coverage on water and sewer related CO debt
service. In addition, the series 2000 and 2001 CO sales included provisions for
a fully funded debt service reserve fund. Although the city utilized the reserve
fund to meet debt service requirements in 2001 due to the delay in opening as
well as the moratorium on TYC transfers to the detention center, officials
report that the reserve is currently fully funded and has not been utilized
since 2001 to meet debt service needs. For fiscal 2007, the restricted reserve
stood at $1.1 million compared to fiscal 2007 debt service of approximately
$780,000. Although the detention COs are also secured by an ad valorem tax
pledge, the city levies a property tax for operations only. Officials report
that they are considering levying a property tax to partially support the
detention center COs. However, in order to fully support the detention center
COs, the tax rate would have to double, which is not feasible given political
realities. Littlefield, with a population of 6,500, is located approximately 35
miles northwest of Lubbock and serves as the county seat for Lamb County. The
area is primarily rural in nature, with agriculture services, government,
manufacturing, and trade as key components of the county's economy. The city's
population and TAV had been flat until recently; for fiscal 2008 the city's tax
base increased nearly 5% due to the construction of several commercial projects
as well as residential development. While there is moderate taxpayer
concentration among the top 10 taxpayers, there is generally a good mix of
industries within the list. General fund finances have stabilized over the past
several years, benefitting from the recent imposition of a 0.25% increase in the
sales tax rate as well as tax base growth. Debt ratios are very low given the
level of non-property tax support for outstanding COs although payout is slow.
Fitch issued an exposure draft on July 31, 2008 proposing a recalibration of
tax-supported and water/sewer revenue bond ratings which, if adopted, may result
in an upward revision of this rating (see Fitch research 'Exposure Draft:
Reassessment of the Municipal Ratings Framework'.) At this time, Fitch is
deferring its final determination on municipal recalibration. Fitch will
continue to monitor market and credit conditions, and plans to revisit the
recalibration in first quarter-2009.
November 14, 2008 Magic Valley Times-News
Families of two Idaho inmates who apparently killed themselves in lockups
run by private prison company GEO Group Inc., pleaded Thursday with Texas state
senators to bar out-of-state prisoners from the Lone Star State. The Idaho
Department of Correction has housed more than 300 prisoners at GEO-run Bill
Clayton Detention Center in Littlefield, Texas, but recently announced plans to
move them to the private North Fork Correctional Facility in Sayre, Okla. The
move follows allegations that GEO falsified reports and short-staffed the Texas
facility where Idaho inmate Randall McCullough, 37, died. Families of Idaho
inmates spoke Thursday at a Texas state Senate hearing in Austin, Texas. The
hearing, which dealt with general oversight of the Texas prison system and did
not result in specific action, was webcast live over the Internet. Among those
testifying was lawyer Ronald Rodriguez, who represents McCullough's family as
well as that of Idaho inmate Scott Noble Payne, 43, who killed himself last year
at another GEO-run prison in Dickens, Texas. "Idaho prisoners need to be in
Idaho where they have access to their court - Where they have access to their
families," Rodriguez on Thursday told the Texas Senate Committee on Criminal
Justice. Payne's mother, Shirley Noble, spoke to Texas lawmakers last year and
again on Thursday. "It seems that no lessons were learned," Noble said. "If
changes had been placed - Randall would not have been so desperate to take his
own life, as my son did." Texas Sen. John Whitmire, D-Houston, chairman of the
Senate Committee on Criminal Justice, questioned why the "little" state of Idaho
recently decided to pull its prisoners from Geo-run Bill Clayton. "Should we be
following their lead?" he asked. But a Texas Department of Criminal Justice
official told Whitmire that Texas inmates aren't held at Bill Clayton, and
warned against painting private prisons in Texas with a broad brush. Inmate
McCullough's sister, Laurie Williams, told Texas senators that they should do a
review of all private prisons in their state - including GEO competitor
Corrections Corporation of America (CCA). Idaho prisoners are to be taken to CCA-run
North Fork in Oklahoma, where another Idaho inmate, David Drashner, was
allegedly murdered in June. IDOC's decision to move prisoners from one privately
run lockup to another out-of-state facility concerns Williams, as well as
Drashner's wife, Pam Drashner, who have said they want Idaho to stop shipping
away its inmates. Idaho doesn't have enough room for all its prisoners, and
sending them out-of-state has been widely unpopular. Williams also wants to talk
to Idaho lawmakers, she said. "We should be addressing the Idaho Senate," said
Williams, after Thursday's hearing in Texas. "This is Idaho sending its inmates
out of state whether it's Texas that takes them or Oklahoma and that's what we
have to have stopped." GEO made $4.9 million in annual operating revenues off
its contract with Idaho to manage prisoners at Bill Clayton. GEO officials said
shareholders won't lose out from Idaho's withdrawal because of an expanding
contract with the state of Indiana.
November 9, 2008 Magic Valley Times-News
Private prison company GEO Group Inc. isn't lamenting the loss of a
multimillion dollar contract with Idaho to manage more than 300 inmates at a
Texas lock-up owned by the city of Littlefield. Idaho was only 1 percent of Baca
Raton-based GEO's business, according to a 2007 annual report from the company.
"The discontinuation of GEO's contract with the Idaho DOC will have no material
impact on GEO's previously issued pro forma earnings guidance for the fourth
quarter of 2008," according to a GEO press release Friday. GEO made $4.9 million
in annual operating revenues off its contract with Idaho to manage state inmates
in Texas, and the company announced Friday that revenue won't be lost because
it's expanding a contract with the state of Indiana. "GEO expects the
discontinuation of its contract with the Idaho DOC to be more than offset by the
420-bed contract expansion with the Indiana DOC," according to the press
release. Idaho Department of Correction officials told the Associated Press
Thursday it was pulling out of the contract with GEO and cited inmate safety
risks at the Bill Clayton Detention Center, which is owned by the city of
Littlefield. GEO, however, claims Idaho pulled out of the contract for a
different reason than inmate safety or staffing levels. GEO officials said
Friday that Idaho ended the contract because the state wants to consolidate all
its out-of-state prisoners into one private facility. "We understand the
decision by the state of Idaho to consolidate its out-of-state inmate population
into one large-scale facility," said GEO Chief Executive Officer George Zoley in
the press release. "The consolidation effort has led to the discontinuation of
our out-of-state inmate contract with the Idaho Department of Correction at the
Bill Clayton Detention Center." IDOC officials told the Times-News Friday that
staffing at Bill Clayton and consolidation efforts were both factors in its
decision to cancel the contract with GEO. IDOC didn't reply to the Times-News
when asked which factor may have weighed more heavily. The pull-out announced
Thursday by IDOC came after a two-month-old audit showed GEO guards weren't
checking on inmates enough. GEO is also terminating its contract with the city
of Littlefield to run Bill Clayton, which it has operated since 2005, the
company announced Friday. GEO decided not to manage Bill Clayton anymore in
Littlefield, a town populated by about 6,500 people, "due to financial
underperformance and lack of economies of scale," according to the Friday press
release. The first formal IDOC audit of Bill Clayton dated Sept. 3 followed an
apparent suicide of Idaho inmate Randall McCullough, 37, of Twin Falls in
August. IDOC had been monitoring the facility at least two weeks out of every
month since last fall, an IDOC official said. IDOC's original two-year contract
with GEO signed in 2006 could have ended on July 20, 2008. IDOC extended it a
year until July 20, 2009, but now says all inmates will be out of Texas by
January and moved to the Northfork Correctional Facility in Sayre, Okla. - run
by GEO competitor, Corrections Corporation of America (CCA), which holds
hundreds of other out-of-state Idaho inmates.
November 7, 2008
The Olympian
Idaho Department of Correction officials still don't know the cause of death
for an inmate who apparently committed suicide in a private Texas prison in
August. But what they do know is disturbing: The prison was so understaffed that
the warden himself was working the midnight shift at the Bill Clayton Detention
Center on Aug. 17, the night Randall McCullough died. A state investigation
found that regularly scheduled checks on inmates either weren't done or were
done incorrectly, and there was no effective check done on McCullough from the
time he turned in his dinner tray at 5:45 p.m. to the time his body - already
cold and stiff - was found just after midnight. Log books from that night are
inaccurate, according to the investigation, and the videotape from the prison's
security system shows neither the correct date nor the arrival of emergency
workers, prompting Idaho investigators to speculate that it might not be the
tape from that night at all. "You can see where the train wreck is coming, can't
you?" state Department of Correction Chief Investigator Jim Loucks told The
Associated Press in an interview Thursday. Department officials this week
announced they're terminating the state's multimillion dollar contract with The
GEO Group, the for-profit private prison company that runs the Bill Clayton
Detention Center. Within 60 days, the roughly 300 Idaho prisoners there will be
transferred to the Correction Corp. of America-run North Fork Correctional
Institution in Sayre, Okla. The inmates have been housed out of state because of
overcrowding in Idaho prisons. As of Oct. 1, Idaho had nearly 7,300 total
inmates. The staff at the Bill Clayton center - from then-warden Arthur Anderson
down to the correctional officers - didn't follow prison policy or respond
properly to McCullough's death, according to documents obtained by The AP from
the Idaho Department of Correction through public records requests. Pablo Paez,
spokesman for The GEO Group, has not returned repeated phone calls from The AP.
The GEO Group Vice President Amber Martin said she couldn't comment on the
documents or Idaho's decision to end the contract. McCullough was found dead in
his cell by Anderson at about 12:15 a.m., according to the state's
investigation. Two letters were found in his cell as well - one to his sister,
Laurie Williams, and another addressed to Anderson and the Idaho Department of
Correction. "To hom it may concern," the misspelled, handwritten letter read. "I'v
been puting this off for long anuff. I can't set here and slowly die. Sorry for
the inconvenience." The apparent suicide surprised those who knew McCullough,
according to the investigation. The inmate, who was serving time on a robbery
charge, was within a few months of an expected parole hearing and apparently
believed he would be sent back to Idaho sometime around the end of the year,
pending a cell opening in the state's overcrowded system. McCullough had been in
segregation for several months at the Texas facility after he was accused of
assaulting a staff member. The prison, located in the tiny town of Littlefield,
Texas, competes for employees with nearby oil fields, which often pay more than
residents can make working as a correctional officer, Loucks said. That
contributed to the chronic understaffing. Around the time McCullough died,
prison employees were working as much as 20 hours of overtime every week, and
often resorted to calling in sick just to get some time off, Loucks said. On the
night of Aug. 17, 2008, five people didn't make it in to work - leaving the
prison with just 10 correctional officers for the 6 p.m. to 6 a.m. shift, below
the state-mandated minimum of 12, and well below the 15 officers generally
scheduled, according to the report. To deal with the shortage, the shift
supervisor persuaded two dayshift employees to stay until 10 p.m., and got two
employees scheduled for the next day to come in four hours early, at 2 a.m. But
that still left the prison short two officers from 10 p.m. on Aug. 17 to 2 a.m.
on Aug. 18, Loucks said. That's when Warden Anderson and Chief of Security
Dennis Blevins agreed to come in to work those middle-of-the night hours. The
short-staffing led to a few bad habits at the prison, according to the report.
Officers often committed a practice known as "pencil-whipping," filling out the
log books to show they had made security checks on the inmates every 20 minutes,
even if the checks hadn't been done. It also meant that the prison was often
without a utility officer, an employee charged with fueling the vehicles,
emptying the trash and doing other non-guard duties. Because the segregation
unit had fewer inmates than other areas, the correctional officer guarding the
unit was generally pulled away from his duties to take care of the utility
officer chores, Loucks said. That happened the night of Aug. 17, he said, and as
a result no one noticed that McCullough was unmoving and unresponsive until
12:18 a.m., when Warden Anderson walked by the cell. Anderson radioed for help
when he noticed McCullough wasn't responding to knocking on the cell door.
Medical personnel came within four minutes, but didn't bring the necessary
equipment to treat an unresponsive patient and so had to go back to another part
of the prison to get it, according to the report. Staffers began CPR, but didn't
move McCullough's body from the bed to the floor, where they would have had a
firmer surface and more effective chest compressions, investigators found.
Prison officials didn't call 911 for 15 minutes, according to the report, but
Anderson reportedly told investigators that was because he was trying to notify
enough other employees so they could safely unlock McCullough's door and go into
the cell. McCullough was dead and apparently had been for some time - his body
was cold to the touch, according to the report. Prison officials immediately
suspected that McCullough might have overdosed on medication, and his body was
sent for toxicology tests and an autopsy. Those tests have been completed, but
the Texas coroner's report has not yet been finished, so Idaho Department of
Correction officials still don't know just how or why McCullough died. But one
thing is clear: Idaho prisoners will be removed from Bill Clayton. State
Correction Department chief Brent Reinke notes the state prison system is
expanding, with roughly 600 more beds to be added next year. Reinke hopes that
will provide enough room to bring all the out-of-state prisoners home. "It's a
real unfortunate situation - it always is," Reinke said. "But there's no
question that Idaho inmates are much better to manage in Idaho."
November 6, 2008
AP
The Idaho Department of Correction has terminated its contract with private
prison company The GEO Group and will move the roughly 305 Idaho inmates
currently housed at a GEO-run facility in Texas to a private prison in Oklahoma.
Correction Director Brent Reinke notified GEO officials Thursday in a letter.
Reinke said the company's chronic understaffing at the Bill Clayton Detention
Center in Littlefield, Texas, put Idaho offenders' safety at risk. An Idaho
Department of Correction audit found that guards routinely falsified reports to
show they were checking on offenders regularly — even though they were sometimes
away from their posts for hours at a time. "I hope you understand how seriously
we're taking not only the report but the safety of our inmates," Reinke told The
Associated Press on Thursday. "They have an ongoing staffing issue that doesn't
appear to be able to be solved." The contract will end Jan. 5. Reinke said the
department wanted to pull the inmates out immediately, but state attorneys found
there wasn't enough cause to allow the state to break free of the contract
without a 60-day warning period. In the meantime, Reinke said, Idaho correction
officials have been sent to the Texas prison to help with staffing for the next
two months. GEO will be responsible for transferring the inmates to the North
Fork Correctional Facility in Sayer, Okla., which is run by Corrections Corp. of
America. GEO will cover the cost of the move, Reinke said, but Idaho will have
to pay $58 per day per inmate in Oklahoma, compared to $51 per day at Bill
Clayton. Amber Martin, vice president for The GEO Group, of Florida, said she
couldn't comment on the audit or on Idaho's decision to end the contract. She
referred calls to the company spokesman, Pablo Paez, who could not immediately
be reached by the AP. As of Oct. 1, Idaho had nearly 7,300 total inmates. The
Bill Clayton audit describes the latest in a series of problems that Idaho has
had with shipping inmates out of state. Overcrowding at home forced the state to
move hundreds of inmates to a prison in Minnesota in 2005, but space constraints
soon uprooted them again, this time to a GEO-run facility in Newton, Texas.
There, guard abuse and prisoner unrest forced another move to two new GEO
facilities: 125 Idaho inmates went to the Dickens County Correctional Center in
Spur, Texas, while 304 went to Bill Clayton in Littlefield. Conditions at
Dickens were left largely unmonitored by Idaho, at least until inmate Scott
Noble Payne committed suicide after complaining of the filthy conditions there.
Idaho investigators looking into Payne's death detailed the poor conditions and
a lack of inmate treatment programs, and the inmates were moved again. That's
when the Idaho Department of Correction created the Virtual Prisons Program,
designed to improve oversight of Idaho inmates housed in contract beds both in
and out of state. The extent of the Bill Clayton facility understaffing was
discovered after Idaho launched an investigation into the apparent suicide of
inmate Randall McCullough in August. During that investigation, guards at the
prison said they were often pulled away from their regular posts to handle other
duties — including taking out the garbage, refueling vehicles or checking the
perimeter fence — and that it was common practice to fill out the logs as if the
required checks of inmates were being completed as scheduled, said Jim Loucks,
chief investigator for the Idaho Department of Correction. For instance, Loucks
said, correction officers were supposed to check on inmates in the
administrative segregation unit every 30 minutes. But sometimes they were away
from the unit for hours at a time, he said. The investigation into McCullough's
death is not yet complete, department officials said. The audit also found
several other problems at Bill Clayton. The auditor found that "the facility
entrance is a very relaxed checkpoint," prompting concerns that cell phones,
marijuana and other contraband could be smuggled past security. In addition, the
prison averages a 30 percent vacancy rate in security staff jobs, according to
the audit. Though it was still able to meet the
one-staffer-for-every-48-prisoners ratio set out by Texas law, employees were
regularly expected to work long hours of overtime and non-security staffers
sometimes were used to provide security supervision, according to the audit.
"Based on a review of payroll reports, there are significant concerns with
security staff working excessive amounts of overtime for long periods of time,"
the auditors wrote. "This can lead to compromised facility security practices
and increased safety issues." When the audit was done, there were 29 security
staff vacancies, according to the report. That meant each security staff person
who was eligible for overtime worked an average of 21 hours of overtime a week.
That extra expense was borne by GEO, not by Idaho taxpayers, said Idaho
Department of Correction spokesman Jeff Ray. The state's contract with GEO also
required that at least half of the eligible inmates be given jobs with at least
50 hours of work a month. According to the facility's inmate payroll report,
only 35 out of 371 offenders were without jobs. But closer inspection showed
that the prison often had several inmates assigned to the same job. In one
instance, nine inmates were assigned to clean showers in one unit of the prison
— which only had nine shower stalls. So although each was responsible for
cleaning just one shower stall, the nine inmates were all claiming 7- and 8-hour
work days, five days a week. GEO is responsible for covering the cost of those
wages, Ray said. "While the contract percentage requirement is met, the facility
cannot demonstrate the actual hours claimed by offenders are spent in a
meaningful, skill-learning job activity," the auditors wrote. Auditors also
found that too few inmates were enrolled in high school diploma equivalency and
work force readiness classes.
October 1, 2008 AP
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. Idaho Department of
Correction Director Brent Reinke hailed their arrival as one of the benefits the
system was reaping after years of work. "It's more about having the right
inmates at the right place at the right time," Reinke said. "People are
communicating better and we're working together better than we were in the
past."
September 21, 2008 Times-News
Pam Drashner visited her husband every weekend in prison, until she was
turned away one day because he wasn't there. He had been quietly transferred
from Boise to a private prison in Sayre, Okla. She never saw him again. In July,
she went to the Post Office to pick up his ashes, mailed home in a box. He died
of a traumatic brain injury in Oklahoma, allegedly assaulted by another inmate.
David Drashner was one of hundreds of male inmates Idaho authorities have sent
to private prisons in other states. About 10 percent of Idaho's inmates are now
out-of-state. The Department of Correction say they want to bring them all home,
they simply have no place to put them. Drashner, who was 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, and was the first this year.
On Aug. 18, Twin Falls native Randall McCullough, 37, apparently killed himself
at the Bill Clayton Detention Center in Littlefield, Texas. McCullough, serving
time for robbery, was found dead in his cell. IDOC officials say he left a note,
though autopsy results are pending. His family says he shouldn't have been in
Texas at all. "Idaho should step up to the plate and bring their prisoners
home," said his sister, Laurie Williams. Out of Idaho -- Idaho has so many
prisoners scattered around the country that the IDOC last year developed the
Virtual Prison Program, assigning 12 officers to monitor the distant prisons. In
2007 Idaho sent 429 inmates to Texas and Oklahoma. This year; more than 700 -
and by one estimate it could soon hit 1,000. But officials say they don't know
exactly how many inmates may hit the road in coming months. The number may
actually fall due to an unexpected drop in total prisoner head-count, a
turnabout attributed to a drop in sentencings, increased paroles and better
success rates for probationers. The state will also have about 1,300 more beds
in Idaho, thanks to additions at existing prisons. State officials say bringing
inmates back is a priority. "If there was any way to not have inmates
out-of-state it would be far, far better," said IDOC Director Brent Reinke, a
former Twin Falls County commissioner, noting higher costs to the state and
inconvenience to inmate families. Still, there's no end in sight for virtual
prisons, which have few fans in state government. "I do think sending inmates
out-of-state is counter-productive," said Rep. Nicole LeFavour, D-Boise, a
member of the House Judiciary, Rules and Administration Committee. LeFavour
favors treatment facilities over prisons. "We try to make it (sending inmates
out-of-state) a last resort, but I don't think we're doing enough." Even
lawmakers who favor buying more cells would like to avoid virtual lockups. "It's
more productive to be in-state," said Sen. Denton Darrington, R-Declo, chairman
of the Senate Judiciary and Rules Committee, who said he would support a new
Idaho prison modeled after the state-owned but privately run Idaho Correctional
Center (ICC). "We don't want to stay out-of-state unless we have to ��- It's
undesirable." A decade of movement -- Idaho has shipped inmates elsewhere for
more than a decade, though in some years they were all brought home when beds
became available at four of Idaho's state prisons. The 1,500-bed ICC - a
state-owned lockup built and run by CCA (Corrections Corporation of America) -
also opened in 2000. But that wasn't enough: "It will be years before a
substantial increase in prison capacity will allow IDOC to bring inmates back,"
the agency said in April. In 2005, former IDOC director Tom Beauclair warned
lawmakers that "if we delay building the next prison, we'll have to remain
out-of-state longer with more inmates," according to an IDOC press release. That
year inmates were taken to a Minnesota prison operated by CCA, where Idaho paid
$5 per inmate, per day more than it costs to keep inmates in its own prisons.
"This move creates burdens for our state fiscally, and can harden our prison
system, but it's what we must do," IDOC said at the time. "Our ability to
stretch the system is over." Attempts to add to that system have largely failed.
Earlier this year Gov. C.L. "Butch" Otter asked lawmakers for $191 million in
bond authority to buy a new 1,500-bed lockup. The Legislature rejected his
request, but did approve those 1,300 new beds at existing facilities. Reinke
said IDOC won't ask for a new prison when the next Legislative session convenes
in January. With a slow economy and a drop in inmate numbers, it's not the time
to push for a new prison, he said. Still, recent projections for IDOC show that
without more prison beds here, 43 percent of all Idaho inmates could be sent
out-of-state in 2017. "It's a lot of money to go out-of-state," Darrington said.
Different cultures -- One of eight prisons in Idaho is run by a private company,
as are those housing Idaho inmates in Texas and Oklahoma. The Bill Clayton
Detention Center in Texas is operated by the Geo Group Inc., which is managing
or developing 64 lockups in the U.S., Australia and South Africa. The North-Fork
Correctional Facility in Oklahoma is owned and operated by CCA, which also has
the contract to run the Idaho Correction Center. CCA houses almost 75,000
inmates and detainees in 66 facilities under various state and federal
contracts. Critics of private prisons say the operators boost profits by
skimping on programs, staff, and services. Idaho authorities acknowledge the
prisons make money, but consider them well-run. "Private prisons are just that -
business run," Idaho Virtual Prison Program Warden Randy Blades told the
Times-News. "It doesn't mean out-of-sight, or out-of-mind." Yet even Reinke
added that "I think there's a difference. Do we want there to be? No." The
Association of Private Correctional and Treatment Organizations (APCTO) says on
its Web site that its members "deliver reduced costs, high quality, and enhanced
accountability." Falling short? Thomas Aragon, a convicted thief from Nampa, was
shipped to three different Texas prisons in two years. He said prisons there did
little to rehabilitate him, though he's up for parole next year. "I'm a
five-time felon, all grand theft and possession of stolen property," said
Aragon, by telephone from the ICC. "Apparently I have a problem and need to find
out why I steal. The judge said I needed counseling and that I'd get it, and I
have yet to get any." State officials said virtual prisons have a different
culture, but are adapting to Idaho standards. "We're taking the footprint of
Idaho and putting it into facilities out-of-state," Blades said. Aragon, 39,
says more programs are available in Idaho compared to the Texas facilities where
he was. Like Aragon, almost 70 percent of Idaho inmates sent to prison in 2006
and 2007 were recidivists - repeat IDOC offenders - according agency annual
reports. GEO and CCA referred questions about recidivism to APCTO, which says
only that its members reduce the rate of growth of public spending. Aragon said
there weren't enough case-workers, teachers, programs, recreational activities
and jobs in Texas. Comparisons between public and private prisons are made
difficult because private companies didn't readily offer numbers for profits,
recidivism, salaries and inmate-officer ratios. 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: "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 have grown from
the way they have been sent to the prisons. Inmates describe a horrific bus ride
from Idaho to Oklahoma in April in complaints collected by the American Civil
Liberties Union in Boise. The inmates say they endured painful and injurious
wrist and ankle shackling, dangerous driving, infrequent access to an unsanitary
restroom and dehydration during the almost 30-hour trip. "We're still receiving
a lot of complaints, some of them are based on retaliatory transfers," said ACLU
lawyer Lea Cooper. IDOC officials acknowledge that they have also received
complaints about access to restrooms during the long bus rides, but they
maintain that most of the inmates want to go out-of-state. Many are sex
offenders who prefer the anonymity associated with being out-of-state, they
said. Unanswered questions -- Three deaths of Idaho interstate inmates in 18
months have left families concerned that even more prisoners will come home in
ashes. "We're very disturbed about...the rate of Idaho prisoner deaths for
out-of-state inmates," Cooper said. It was the razor-blade suicide of
sex-offender Scott Noble Payne, 43, in March 2007 at a Geo lockup in Dickens,
Texas that caught the attention of state officials. Noble's death prompted Idaho
to pull all its inmates from the Geo prison. State officials found the facility
was in terrible condition, but they continue to work with Geo, which houses 371
Idaho inmates in Littlefield, Texas, where McCullough apparently killed himself.
Noble allegedly escaped before he was caught and killed himself. Inmate Aragon
said he as there, and that Noble was hog-tied and groaned in pain while guards
warned other inmates they would face the same if they tried to escape. Private
prison operators don't have to tell governments everything about the deaths at
facilities they run. The state isn't allowed access to Geo's mortality and
morbidity reports under terms of a contract. Idaho sent additional inmates to
the Corrections Corporation of America-run Oklahoma prison after Drashner's
husband died in June. IDOC officials said an Idaho official was inspecting the
facility when he was found. IDOC has offered few details about the death. "The
murder happened in Oklahoma," said IDOC spokesman Jeff Ray, adding it will be up
to Oklahoma authorities to charge. Drashner said her husband had a pending civil
case in Idaho and shouldn't have been shipped out-of-state. She says Idaho and
Oklahoma authorities told her David was assaulted by another inmate after he
verbally defended an officer at the Oklahoma prison. Officers realized something
was wrong when he didn't stand up for a count, Drashner said. "He was healthy.
He wouldn't have been killed over here," she said.
August 28, 2008 Times-News
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." Authorities at
Geo Group's Bill Clayton Detention Center directed all questions from the
Times-News on Wednesday back to the Idaho Department of Corrections. McCullough
was in prison for a 2001 Twin Falls County robbery conviction. He had a criminal
record involving charges of escape, forgery, controlled substance possession,
grand theft, burglary, resisting arrest, and driving violations, according to
court records. Imposing inmate segregation for one to two years as a result of
an assault on a guard would not be uncommon, and wardens at out-of-state
facilities holding Idaho inmates can decide if an inmate is put in segregation,
said Ray. Inmates in segregation eat meals in their cells and can shower once
every 72 hours. Toilets are in cells and McCullough had a television, said Ray.
Lights at the Texas facility are on 24 hours a day, Ray said, adding that some
facilities in Idaho dim lights at sleeping times.
August 21, 2008 The Times News
The state's Virtual Prison Program is only a year old and the Monday death
of inmate Randall McCullough, 37, could be the second suicide involving the
initiative outside of Idaho. Idaho prison officials said Wednesday they're still
investigating if McCullough committed suicide at a private contracted facility
in Texas - Bill Clayton Detention Center run by the GEO Group Inc. - which is
holding 371 inmates each at $51 per day under a contract that expires in July
2009. The Virtual Prison Program started in July 2007, but the state started
putting inmates in non-state owned facilities in October 2005, said Idaho
Department of Correction Spokesman Jeff Ray. Six state inmates have committed
suicide since July 2006, not including McCullough, Ray said.
December 11, 2007 AP
Inmates from Idaho housed at a private West Texas detention facility could face
new charges following an attack on a female guard. The woman was attacked about
7:30 p.m. Monday after she apparently tried to take tobacco away from at least
two of the inmates at the Bill Clayton Detention Center, Idaho Department of
Correction spokesman Jeff Ray said. The woman suffered non-life threatening
injuries, he said. Afterward, as many as 15 inmates refused to return to their
cells and additional officers were called in to help, Ray said. The inmates then
agreed to return to their cells, he said. Officials with the Littlefield police
department, which is investigating the incident, did not immediately return a
phone call Tuesday. A deputy warden with the Idaho agency is on his way to
Littlefield to investigate, a release from that department said. Those involved
in the attack could face charges, and inmates who refused to return to their
cells will likely face disciplinary sanctions, the release said. The prison is
operated by The GEO Group Inc., a Boca Raton, Fla.-based company that owns or
operates 68 facilities worldwide. "We will be working cooperatively with the
Idaho Department of Correction as they conduct their investigation," said Pablo
Paez, a GEO spokesman. A lack of space in Idaho prisons brought hundreds of
inmates to Texas in early 2006. They were first housed here at a GEO facility in
Newton in East Texas. They were moved to Littlefield in August 2006 after
allegations of abuse by guards prompted an investigation. Three employees at
Newton's facility were disciplined as a result of the investigation.
July 31, 2007 Idaho Statesman
Idaho's Department of Correction has created a new position to manage Idaho's
roughly 2,400 inmates in private, out-of-state prisons and county jail beds.
Randy Blades, who has been the warden at the Idaho State Correctional
Institution south of Boise, will monitor the 500-plus inmates, now in three
Texas prisons managed by the Geo Group Inc. of Boca Raton, Fla. He will also
monitor the 240 inmates soon to be transferred from Idaho to a private prison in
Oklahoma, and the inmates in county jail beds across the state. Correction
Director Brent Reinke created the position after disclosing that conditions at
one of those prisons were so bad that inmates will be moved elsewhere. Inmates
at the Dickens County Correctional Center are being moved to the Bill Clayton
Detention Center after an inmate suicide at Dickens revealed filthy living
conditions and poorly trained and unprofessional staff. “Times have changed and
we simply need to get in front on this issue,” Reinke said in a statement. “We
must be proactive. We need to make sure inmates are being treated adequately and
taxpayers are getting what they are paying for.”
Dickens County Correctional
Facility
Spur, Texas
GEO Group (formerly run by
Bobby Ross Group)
September 14, 2009 The Olympian
The Idaho Department of Correction and the parents of an inmate who killed
himself in a private prison have reached a settlement ending a federal lawsuit
over the son's death. The agreement, approved Sunday by U.S. District Judge B.
Lynn Winmill, also marks the end of lawsuits the parties had filed against each
other in state court after previous settlement talks fell apart earlier this
year. The case arose after the 2007 death of Scot Noble Payne, who had been sent
to a private Texas prison with hundreds of other inmates to alleviate
overcrowding in Idaho. Payne slashed his own throat, and Idaho officials who
investigated the Dickens County Correctional Facility said the deplorable
conditions at the prison and the physical environment of Noble's solitary cell
could have contributed to his suicide. Payne's mother, Shirley Noble, and his
father, Alberto Payne, sued the Idaho Department of Correction, saying the
department was responsible for the wrongful death of their son. The parties went
into mediation to see if they could reach a settlement, and in February both
sides agreed the parents should be awarded $100,000 and that the Idaho
Department of Correction would not admit fault for Scot Noble Payne's death. But
when the official settlement document was sent to the parents the following
month, they refused to sign. At the time, Noble's attorney said the Idaho
Department of Correction added terms to the document that hadn't been arbitrated
in mediation. The Idaho Department of Correction then sued the parents in state
court, asking a judge to force them to sign the document, and the parents
countersued, contending the state was breaching the settlement contract. The
lawsuits filed in state court have now been dismissed, along with the federal
lawsuit. The terms of the federal settlement were not released.
May 15, 2009 The Olympian
The Idaho Department of Correction and the mother of an inmate who killed
himself in a private prison are suing each other after a settlement agreement
over the son's death fell apart. Scot Noble Payne, who had been sent to a
private Texas prison with hundreds of other inmates to alleviate overcrowding in
Idaho prisons, slashed his own throat in 2007. Idaho officials who investigated
the Dickens County Correctional Facility said the conditions were deplorable and
that the physical environment of Noble's solitary cell could have contributed to
his suicide. Payne's mother, Shirley Noble, and his father, Alberto Payne, filed
a tort claim against the Idaho Department of Correction contending that the
department was responsible for the wrongful death of their son. Correction
Department officials and the parents went into mediation to see if they could
reach a settlement, and in February both sides agreed that the parents should be
awarded $100,000 and that the Idaho Department of Correction would not admit
fault in Scot Noble Payne's death. But the next month, when the official
document that would release the Idaho Department of Correction from liability in
the case was delivered to the parents, they refused to sign. The problem,
according to Noble's attorney, is that the Idaho Department of Correction added
additional terms into the release document that hadn't been arbitrated in
mediation. The mediation agreement lists Shirley Noble, Alberto Payne, the state
of Idaho and the Idaho Department of Correction as parties in the agreement. But
the release also lists the estate of Scot Noble Payne and all of the
representatives and employees of the Idaho Department of Corrections and the
state as parties. That could throw into jeopardy another lawsuit brought by the
parents - in their role as representatives of Scot Noble Payne's estate -
against several employees of the Idaho Department of Correction. After the
parents refused to sign, the Idaho Department of Correction filed a lawsuit
against them in Ada County's 4th District Court, asking a judge to force the
parents to sign the release. The parents countersued, contending the state was
breaching the contract they reached under the settlement agreement by trying to
later add new terms. Idaho Department of Correction officials said they could
not comment on pending litigation. The parents' attorney, Wm. Breck Seiniger,
Jr., said the department made a mistake when it was negotiating and didn't
realize it until it was too late - and now is trying to place the blame, and the
loss, on the parents. "I think the lawsuit is just an attempt to intimidate the
parents, frankly," Seiniger said. "If they thought the agreement meant something
different, that is not our problem." The parents have also filed a lawsuit
against Geo Group Inc., the private company that ran the Texas prison, in U.S.
District Court in Texas. That lawsuit is still in the discovery stages, Seiniger
said.
November 14, 2008 Magic Valley Times-News
Families of two Idaho inmates who apparently killed themselves in lockups
run by private prison company GEO Group Inc., pleaded Thursday with Texas state
senators to bar out-of-state prisoners from the Lone Star State. The Idaho
Department of Correction has housed more than 300 prisoners at GEO-run Bill
Clayton Detention Center in Littlefield, Texas, but recently announced plans to
move them to the private North Fork Correctional Facility in Sayre, Okla. The
move follows allegations that GEO falsified reports and short-staffed the Texas
facility where Idaho inmate Randall McCullough, 37, died. Families of Idaho
inmates spoke Thursday at a Texas state Senate hearing in Austin, Texas. The
hearing, which dealt with general oversight of the Texas prison system and did
not result in specific action, was webcast live over the Internet. Among those
testifying was lawyer Ronald Rodriguez, who represents McCullough's family as
well as that of Idaho inmate Scott Noble Payne, 43, who killed himself last year
at another GEO-run prison in Dickens, Texas. "Idaho prisoners need to be in
Idaho where they have access to their court - Where they have access to their
families," Rodriguez on Thursday told the Texas Senate Committee on Criminal
Justice. Payne's mother, Shirley Noble, spoke to Texas lawmakers last year and
again on Thursday. "It seems that no lessons were learned," Noble said. "If
changes had been placed - Randall would not have been so desperate to take his
own life, as my son did." Texas Sen. John Whitmire, D-Houston, chairman of the
Senate Committee on Criminal Justice, questioned why the "little" state of Idaho
recently decided to pull its prisoners from Geo-run Bill Clayton. "Should we be
following their lead?" he asked. But a Texas Department of Criminal Justice
official told Whitmire that Texas inmates aren't held at Bill Clayton, and
warned against painting private prisons in Texas with a broad brush. Inmate
McCullough's sister, Laurie Williams, told Texas senators that they should do a
review of all private prisons in their state - including GEO competitor
Corrections Corporation of America (CCA). Idaho prisoners are to be taken to CCA-run
North Fork in Oklahoma, where another Idaho inmate, David Drashner, was
allegedly murdered in June. IDOC's decision to move prisoners from one privately
run lockup to another out-of-state facility concerns Williams, as well as
Drashner's wife, Pam Drashner, who have said they want Idaho to stop shipping
away its inmates. Idaho doesn't have enough room for all its prisoners, and
sending them out-of-state has been widely unpopular. Williams also wants to talk
to Idaho lawmakers, she said. "We should be addressing the Idaho Senate," said
Williams, after Thursday's hearing in Texas. "This is Idaho sending its inmates
out of state whether it's Texas that takes them or Oklahoma and that's what we
have to have stopped." GEO made $4.9 million in annual operating revenues off
its contract with Idaho to manage prisoners at Bill Clayton. GEO officials said
shareholders won't lose out from Idaho's withdrawal because of an expanding
contract with the state of Indiana.
November 6, 2008 AP
The Idaho Department of Correction has terminated its contract with private
prison company The GEO Group and will move the roughly 305 Idaho inmates
currently housed at a GEO-run facility in Texas to a private prison in Oklahoma.
Correction Director Brent Reinke notified GEO officials Thursday in a letter.
Reinke said the company's chronic understaffing at the Bill Clayton Detention
Center in Littlefield, Texas, put Idaho offenders' safety at risk. An Idaho
Department of Correction audit found that guards routinely falsified reports to
show they were checking on offenders regularly — even though they were sometimes
away from their posts for hours at a time. "I hope you understand how seriously
we're taking not only the report but the safety of our inmates," Reinke told The
Associated Press on Thursday. "They have an ongoing staffing issue that doesn't
appear to be able to be solved." The contract will end Jan. 5. Reinke said the
department wanted to pull the inmates out immediately, but state attorneys found
there wasn't enough cause to allow the state to break free of the contract
without a 60-day warning period. In the meantime, Reinke said, Idaho correction
officials have been sent to the Texas prison to help with staffing for the next
two months. GEO will be responsible for transferring the inmates to the North
Fork Correctional Facility in Sayer, Okla., which is run by Corrections Corp. of
America. GEO will cover the cost of the move, Reinke said, but Idaho will have
to pay $58 per day per inmate in Oklahoma, compared to $51 per day at Bill
Clayton. Amber Martin, vice president for The GEO Group, of Florida, said she
couldn't comment on the audit or on Idaho's decision to end the contract. She
referred calls to the company spokesman, Pablo Paez, who could not immediately
be reached by the AP. As of Oct. 1, Idaho had nearly 7,300 total inmates. The
Bill Clayton audit describes the latest in a series of problems that Idaho has
had with shipping inmates out of state. Overcrowding at home forced the state to
move hundreds of inmates to a prison in Minnesota in 2005, but space constraints
soon uprooted them again, this time to a GEO-run facility in Newton, Texas.
There, guard abuse and prisoner unrest forced another move to two new GEO
facilities: 125 Idaho inmates went to the Dickens County Correctional Center in
Spur, Texas, while 304 went to Bill Clayton in Littlefield. Conditions at
Dickens were left largely unmonitored by Idaho, at least until inmate Scott
Noble Payne committed suicide after complaining of the filthy conditions there.
Idaho investigators looking into Payne's death detailed the poor conditions and
a lack of inmate treatment programs, and the inmates were moved again. That's
when the Idaho Department of Correction created the Virtual Prisons Program,
designed to improve oversight of Idaho inmates housed in contract beds both in
and out of state. The extent of the Bill Clayton facility understaffing was
discovered after Idaho launched an investigation into the apparent suicide of
inmate Randall McCullough in August. During that investigation, guards at the
prison said they were often pulled away from their regular posts to handle other
duties — including taking out the garbage, refueling vehicles or checking the
perimeter fence — and that it was common practice to fill out the logs as if the
required checks of inmates were being completed as scheduled, said Jim Loucks,
chief investigator for the Idaho Department of Correction. For instance, Loucks
said, correction officers were supposed to check on inmates in the
administrative segregation unit every 30 minutes. But sometimes they were away
from the unit for hours at a time, he said. The investigation into McCullough's
death is not yet complete, department officials said. The audit also found
several other problems at Bill Clayton. The auditor found that "the facility
entrance is a very relaxed checkpoint," prompting concerns that cell phones,
marijuana and other contraband could be smuggled past security. In addition, the
prison averages a 30 percent vacancy rate in security staff jobs, according to
the audit. Though it was still able to meet the
one-staffer-for-every-48-prisoners ratio set out by Texas law, employees were
regularly expected to work long hours of overtime and non-security staffers
sometimes were used to provide security supervision, according to the audit.
"Based on a review of payroll reports, there are significant concerns with
security staff working excessive amounts of overtime for long periods of time,"
the auditors wrote. "This can lead to compromised facility security practices
and increased safety issues." When the audit was done, there were 29 security
staff vacancies, according to the report. That meant each security staff person
who was eligible for overtime worked an average of 21 hours of overtime a week.
That extra expense was borne by GEO, not by Idaho taxpayers, said Idaho
Department of Correction spokesman Jeff Ray. The state's contract with GEO also
required that at least half of the eligible inmates be given jobs with at least
50 hours of work a month. According to the facility's inmate payroll report,
only 35 out of 371 offenders were without jobs. But closer inspection showed
that the prison often had several inmates assigned to the same job. In one
instance, nine inmates were assigned to clean showers in one unit of the prison
— which only had nine shower stalls. So although each was responsible for
cleaning just one shower stall, the nine inmates were all claiming 7- and 8-hour
work days, five days a week. GEO is responsible for covering the cost of those
wages, Ray said. "While the contract percentage requirement is met, the facility
cannot demonstrate the actual hours claimed by offenders are spent in a
meaningful, skill-learning job activity," the auditors wrote. Auditors also
found that too few inmates were enrolled in high school diploma equivalency and
work force readiness classes.
September 21, 2008 Times-News
Pam Drashner visited her husband every weekend in prison, until she was
turned away one day because he wasn't there. He had been quietly transferred
from Boise to a private prison in Sayre, Okla. She never saw him again. In July,
she went to the Post Office to pick up his ashes, mailed home in a box. He died
of a traumatic brain injury in Oklahoma, allegedly assaulted by another inmate.
David Drashner was one of hundreds of male inmates Idaho authorities have sent
to private prisons in other states. About 10 percent of Idaho's inmates are now
out-of-state. The Department of Correction say they want to bring them all home,
they simply have no place to put them. Drashner, who was 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, and was the first this year.
On Aug. 18, Twin Falls native Randall McCullough, 37, apparently killed himself
at the Bill Clayton Detention Center in Littlefield, Texas. McCullough, serving
time for robbery, was found dead in his cell. IDOC officials say he left a note,
though autopsy results are pending. His family says he shouldn't have been in
Texas at all. "Idaho should step up to the plate and bring their prisoners
home," said his sister, Laurie Williams. Out of Idaho -- Idaho has so many
prisoners scattered around the country that the IDOC last year developed the
Virtual Prison Program, assigning 12 officers to monitor the distant prisons. In
2007 Idaho sent 429 inmates to Texas and Oklahoma. This year; more than 700 -
and by one estimate it could soon hit 1,000. But officials say they don't know
exactly how many inmates may hit the road in coming months. The number may
actually fall due to an unexpected drop in total prisoner head-count, a
turnabout attributed to a drop in sentencings, increased paroles and better
success rates for probationers. The state will also have about 1,300 more beds
in Idaho, thanks to additions at existing prisons. State officials say bringing
inmates back is a priority. "If there was any way to not have inmates
out-of-state it would be far, far better," said IDOC Director Brent Reinke, a
former Twin Falls County commissioner, noting higher costs to the state and
inconvenience to inmate families. Still, there's no end in sight for virtual
prisons, which have few fans in state government. "I do think sending inmates
out-of-state is counter-productive," said Rep. Nicole LeFavour, D-Boise, a
member of the House Judiciary, Rules and Administration Committee. LeFavour
favors treatment facilities over prisons. "We try to make it (sending inmates
out-of-state) a last resort, but I don't think we're doing enough." Even
lawmakers who favor buying more cells would like to avoid virtual lockups. "It's
more productive to be in-state," said Sen. Denton Darrington, R-Declo, chairman
of the Senate Judiciary and Rules Committee, who said he would support a new
Idaho prison modeled after the state-owned but privately run Idaho Correctional
Center (ICC). "We don't want to stay out-of-state unless we have to ��- It's
undesirable." A decade of movement -- Idaho has shipped inmates elsewhere for
more than a decade, though in some years they were all brought home when beds
became available at four of Idaho's state prisons. The 1,500-bed ICC - a
state-owned lockup built and run by CCA (Corrections Corporation of America) -
also opened in 2000. But that wasn't enough: "It will be years before a
substantial increase in prison capacity will allow IDOC to bring inmates back,"
the agency said in April. In 2005, former IDOC director Tom Beauclair warned
lawmakers that "if we delay building the next prison, we'll have to remain
out-of-state longer with more inmates," according to an IDOC press release. That
year inmates were taken to a Minnesota prison operated by CCA, where Idaho paid
$5 per inmate, per day more than it costs to keep inmates in its own prisons.
"This move creates burdens for our state fiscally, and can harden our prison
system, but it's what we must do," IDOC said at the time. "Our ability to
stretch the system is over." Attempts to add to that system have largely failed.
Earlier this year Gov. C.L. "Butch" Otter asked lawmakers for $191 million in
bond authority to buy a new 1,500-bed lockup. The Legislature rejected his
request, but did approve those 1,300 new beds at existing facilities. Reinke
said IDOC won't ask for a new prison when the next Legislative session convenes
in January. With a slow economy and a drop in inmate numbers, it's not the time
to push for a new prison, he said. Still, recent projections for IDOC show that
without more prison beds here, 43 percent of all Idaho inmates could be sent
out-of-state in 2017. "It's a lot of money to go out-of-state," Darrington said.
Different cultures -- One of eight prisons in Idaho is run by a private company,
as are those housing Idaho inmates in Texas and Oklahoma. The Bill Clayton
Detention Center in Texas is operated by the Geo Group Inc., which is managing
or developing 64 lockups in the U.S., Australia and South Africa. The North-Fork
Correctional Facility in Oklahoma is owned and operated by CCA, which also has
the contract to run the Idaho Correction Center. CCA houses almost 75,000
inmates and detainees in 66 facilities under various state and federal
contracts. Critics of private prisons say the operators boost profits by
skimping on programs, staff, and services. Idaho authorities acknowledge the
prisons make money, but consider them well-run. "Private prisons are just that -
business run," Idaho Virtual Prison Program Warden Randy Blades told the
Times-News. "It doesn't mean out-of-sight, or out-of-mind." Yet even Reinke
added that "I think there's a difference. Do we want there to be? No." The
Association of Private Correctional and Treatment Organizations (APCTO) says on
its Web site that its members "deliver reduced costs, high quality, and enhanced
accountability." Falling short? Thomas Aragon, a convicted thief from Nampa, was
shipped to three different Texas prisons in two years. He said prisons there did
little to rehabilitate him, though he's up for parole next year. "I'm a
five-time felon, all grand theft and possession of stolen property," said
Aragon, by telephone from the ICC. "Apparently I have a problem and need to find
out why I steal. The judge said I needed counseling and that I'd get it, and I
have yet to get any." State officials said virtual prisons have a different
culture, but are adapting to Idaho standards. "We're taking the footprint of
Idaho and putting it into facilities out-of-state," Blades said. Aragon, 39,
says more programs are available in Idaho compared to the Texas facilities where
he was. Like Aragon, almost 70 percent of Idaho inmates sent to prison in 2006
and 2007 were recidivists - repeat IDOC offenders - according agency annual
reports. GEO and CCA referred questions about recidivism to APCTO, which says
only that its members reduce the rate of growth of public spending. Aragon said
there weren't enough case-workers, teachers, programs, recreational activities
and jobs in Texas. Comparisons between public and private prisons are made
difficult because private companies didn't readily offer numbers for profits,
recidivism, salaries and inmate-officer ratios. 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: "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 have grown from
the way they have been sent to the prisons. Inmates describe a horrific bus ride
from Idaho to Oklahoma in April in complaints collected by the American Civil
Liberties Union in Boise. The inmates say they endured painful and injurious
wrist and ankle shackling, dangerous driving, infrequent access to an unsanitary
restroom and dehydration during the almost 30-hour trip. "We're still receiving
a lot of complaints, some of them are based on retaliatory transfers," said ACLU
lawyer Lea Cooper. IDOC officials acknowledge that they have also received
complaints about access to restrooms during the long bus rides, but they
maintain that most of the inmates want to go out-of-state. Many are sex
offenders who prefer the anonymity associated with being out-of-state, they
said. Unanswered questions -- Three deaths of Idaho interstate inmates in 18
months have left families concerned that even more prisoners will come home in
ashes. "We're very disturbed about...the rate of Idaho prisoner deaths for
out-of-state inmates," Cooper said. It was the razor-blade suicide of
sex-offender Scott Noble Payne, 43, in March 2007 at a Geo lockup in Dickens,
Texas that caught the attention of state officials. Noble's death prompted Idaho
to pull all its inmates from the Geo prison. State officials found the facility
was in terrible condition, but they continue to work with Geo, which houses 371
Idaho inmates in Littlefield, Texas, where McCullough apparently killed himself.
Noble allegedly escaped before he was caught and killed himself. Inmate Aragon
said he as there, and that Noble was hog-tied and groaned in pain while guards
warned other inmates they would face the same if they tried to escape. Private
prison operators don't have to tell governments everything about the deaths at
facilities they run. The state isn't allowed access to Geo's mortality and
morbidity reports under terms of a contract. Idaho sent additional inmates to
the Corrections Corporation of America-run Oklahoma prison after Drashner's
husband died in June. IDOC officials said an Idaho official was inspecting the
facility when he was found. IDOC has offered few details about the death. "The
murder happened in Oklahoma," said IDOC spokesman Jeff Ray, adding it will be up
to Oklahoma authorities to charge. Drashner said her husband had a pending civil
case in Idaho and shouldn't have been shipped out-of-state. She says Idaho and
Oklahoma authorities told her David was assaulted by another inmate after he
verbally defended an officer at the Oklahoma prison. Officers realized something
was wrong when he didn't stand up for a count, Drashner said. "He was healthy.
He wouldn't have been killed over here," she said.
December 28, 2007 AP
Fifty-five Idaho inmates who were moved out of a troubled Texas prison on
Thursday have been forced by a contract delay to make a temporary stop before
going to their final destination, a lockup near the Mexican border. More than
500 Idaho prisoners are in Texas and Oklahoma due to overcrowding at home. The
prisoners being moved are bound for the Val Verde Correctional Facility in Del
Rio, Texas, after more than a year at the Dickens County Correctional Center in
Spur, Texas, where one Idaho inmate killed himself in March. Because a Texas
county official has yet to approve the contract to house Idaho prisoners at Val
Verde, they have first been sent 100 miles away to the Bill Clayton Detention
Center in Littlefield, Texas. There, they will sleep in groups of up to 10 men
on makeshift cots in day rooms until resolution of the contract allows them to
complete the final 250-mile leg of their journey to Val Verde sometime in early
January. The inmates "were a bit dubious and questionable about that," said
Randy Blades, the warden in Boise who oversees Idaho's out-of-state prisoners.
That's one reason why his agency has sent two officers to make sure the move
runs smoothly, Blades said. Both the Dickens and Val Verde prisons are run by
private operator GEO Group Inc., based in Boca Raton, Florida. Pablo Paez, a
spokesman for GEO, didn't immediately respond to requests for comment. GEO no
longer has the contract to manage the Dickens facility after Tuesday. Because
Idaho recently rejected an offer from the new company that will run Dickens, GEO
on Thursday had to move the Idaho inmates to temporary quarters in Littlefield.
Though Idaho officials thought details of the move to Val Verde had been
resolved, Department of Correction Director Brent Reinke said he learned only
last week that a Texas county judge wanted a lawyer to look at the contract one
last time. "It was something we did not anticipate," Reinke said. "GEO is paying
the transport costs." This is just the latest uprooting of Idaho inmates since
they were first shipped out of state in 2005. Since then, they have bounced from
prison to prison in Minnesota and Texas amid allegations of abusive treatment.
There also has been the criminal conviction of at least one Texas guard for
passing contraband to inmates; at least two escapes; and the death of Scot Noble
Payne, a convicted sex offender who slashed his throat last March in a solitary
cell at Dickens County. Idaho officials who investigated concluded the GEO-run
prison was filthy and the worst they had seen. As a result, about 70 Idaho
inmates were moved from Dickens to Littlefield, where about 300 Idaho inmates
were already housed, while the state continued talks with GEO over sending the
remaining 55 to a new 659-bed addition at Val Verde. Despite the stopover, GEO
has a hefty incentive to make sure the move to Val Verde goes smoothly, Reinke
said. The company hopes to win contracts with Idaho to build a large new prison
here to help accommodate the state's 7,400 inmates. "They're really monitoring
this closely, and doing a good job at this point," Reinke said. "It's not a lot
different than triple bunking."
November 29, 2007 AP
The mother of an Idaho inmate who killed himself in a Texas prison earlier this
year has filed a federal wrongful death lawsuit against the private-prison
company that runs the lockup where he died. In her claim in U.S. District Court
in western Texas, Shirley Noble says prison operator The GEO Group abused and
neglected Scot Noble Payne before he slashed his throat on March 4th. Scot Noble
Payne, a convicted sex offender from Idaho, had been moved to Texas along with
more than 400 Idaho inmates to relieve overcrowding at prisons in their home
state. Idaho officials who investigated at the Dickens County Correctional
Facility in Spur, Texas, said the physical environment of his solitary cell
could have contributed to his suicide.
November 27, 2007 Idaho State Journal
A company that's due to take over a troubled privately run Texas prison in 2008
made a sales pitch Monday to Idaho Department of Correction officials, saying it
hopes the management shake-up and $1.2 million in proposed renovations will
overshadow past problems and persuade Idaho to ship more inmates to the lockup.
Civigenics, a unit of New Jersey-based Community Education Centers, Inc., with
prisons or treatment programs in 23 states, will manage Dickens County
Correctional Center in Spur, Texas, starting Jan. 1 after winning a competitive
bid. Until now, The GEO Group Inc., based in Florida, ran the facility. In
March, Idaho prison officials called Dickens under GEO's oversight ''the worst''
prison they'd seen, citing what they called an abusive warden, the lack of
treatment programs and squalid conditions they said may have contributed to the
suicide of inmate Scot Noble Payne, who was held for months in a solitary cell.
Idaho is nearly ready to move 54 prisoners who remain at Dickens to a new
GEO-run facility near the Mexican border, after shifting 69 inmates elsewhere
this summer. Dickens County and Civigenics officials came to Boise to offer
assurances they'll remedy concerns over their 15-year-old prison as they aim to
stay in the running to house some of the hundreds of prisoners that Idaho plans
to ship elsewhere in coming months to ease overcrowding. Some 550 of Idaho's
7,400 inmates have been sent out of state since 2005. GEO ''thought they were
too good,'' Sheldon Parsons, a Dickens County commissioner, told Idaho
officials. ''They're used to running bigger facilities. That just kind of didn't
fit into our program. Civigenics will definitely fit.'' Idaho plans to send 120
additional prisoners to a private prison in Oklahoma in January. It's also
looking for space in other states for groups of inmates in increments of about
100 starting in mid-2008. Bob Prince, a Civigenics salesman, said his company
could house as many as 150 Idaho inmates at a revamped Dickens. The $1.2 million
from Dickens County, which owns the prison, would cover new fencing, exterior
lighting, security improvements, kitchen renovations and more rooms for
education and treatment programs. Still, Idaho officials including Department of
Correction Director Brent Reinke indicated the plan may not be enough to address
complaints that have prompted him to vacate Dickens. Idaho, which earlier this
year conceded it lost track of how its inmates in Texas were being treated
before Payne's suicide, has outlined its concerns in several reports over the
last nine months. Lingering shortcomings include a lack of cell windows and a
drab, dingy atmosphere in an aging facility built as county jail, not for
long-term prisoners. ''The cells inside that facility are pretty dark and
dank,'' said Randy Blades, the Idaho warden who oversees out-of-state prisoners.
''What are you looking at to change the cells themselves?'' Texas officials
conceded that wasn't considered. ''We haven't looked into any of that,'' Parsons
said, before adding, ''We'll try and do anything we can to make people happy
that are coming in. Nobody has ever brought that up before.'' Despite past
problems with GEO, Blades said Idaho aims to soon finalize a contract with that
company to move inmates still at Dickens to a new 659-bed addition at the Val
Verde Correctional Facility, near the Mexican border. That contract also calls
for roughly 40 inmates currently in Idaho to be sent to Val Verde. Val Verde has
seen its own share of problems under GEO leadership. GEO settled a wrongful
death case after a female Texas prisoner killed herself following allegations
she was sexually humiliated by a guard and raped by an inmate. Earlier this
year, the local government was forced to hire a monitor for the facility. Even
so, Blades said a visit to the new cellblock slated for Idaho inmates earlier
this year convinced him and other officials that the prison is appropriate and
safe. ''It's a very good facility, very secure,'' Blades said of Val Verde.
''There's a good dayroom. The cells are well lighted.''
October 12, 2007 KRIS TV
The delayed discovery of squalid conditions at a privately run Texas Youth
Commission jail was "a human failure" and stronger oversight is needed to
prevent similar incidents, a key state senator said Friday. "It was very simple
that the monitors were not doing their job and there was a human failure," said
Sen. John Whitmire, head of the Senate Criminal Justice Committee. "Who's
monitoring the monitors?" Whitmire, a Houston Democrat, called a committee
hearing about a week after a Coke County juvenile lockup in Bronte operated by
The GEO Group, Inc., was closed because of filthy conditions. A Texas Youth
Commission ombudsman discovered the conditions, even though the facility had
passed previous inspections by TYC monitors. The TYC system was rocked earlier
this year by allegations of rampant sexual and other physical abuse against
juvenile inmates in the system. The star witness at Friday's hearing on adult
and juvenile prison monitoring was Shirley Noble, who told how her son,
43-year-old Idaho inmate Scot Noble Payne, endured months of horrific conditions
then slit his own throat at a private Texas prison run by GEO Group. "It seemed
there was no end to the degradation he and other prisoners were to endure with
substandard facilities," Noble said. Her son died March 4 in a private prison in
Spur. Noble questioned why Idaho sent its inmates to Texas and why the
Florida-based GEO Group was allowed to keep prisoners in what she described as
"degrading and subhuman conditions." "Please, please hold them accountable for
all the injuries and misery they have caused," Noble said. A spokesman for GEO
Group did not immediately return a telephone call from The Associated Press to
respond to comments made at the hearing. TYC Acting Executive Director Dimitria
Pope, who took over the youth agency earlier this year, testified that she's
putting more monitoring safeguards in place. That includes sending executive
staff members out to view the lockups, something she said hadn't been done
regularly in the past. "Because of my concerns of what I saw in Coke County, I
have implemented a blitz of every facility, either the ones that we operate,
that contract, district offices, anything that has TYC affiliated with it," she
said, adding that each site will be visited by the end of October. Adan Munoz
Jr., executive director of the Texas Commission on Jail Standards, said he has
four inspectors do annual inspections of the 267 facilities under his oversight.
He defended his agency's practice of giving two- to three-week notices about
inspection visits but said recently there have been more surprise inspections.
Sen. Juan "Chuy" Hinojosa, D-McAllen, said privatizing prisons is an "easy way
out." He said he worries about the state continuing to contract with companies
that have a history of abuse. "It's a myth that the private sector does a better
job than government" in running prisons, Hinojosa said. "They're there to make a
profit and they'll cut corners, and they'll cut back on services and they'll
many times look the other way when abuse is taking place." Because of Texas'
size and high rate of locking up convicts, the state is in the national
spotlight for its dealings with private prison firms, said Sen. Rodney Ellis,
D-Houston. "It puts a special burden on us," he said. "If it needs to be
improved, improve it, because everybody looks to us." Noble was the panel's
final witness. The room hushed as she told the senators her family's emotional
tale. Her son, a convicted sex offender, was kept in solitary confinement for
months with a wet floor, bloodstained sheets and smelly towels. She said he
wrote long, detailed letters to family members in which he said the only way to
escape the prison's harsh conditions was to join his late grandfather in the
spirit world. Noble said she begged for psychological help for her son. She said
he wasn't supposed to have been given a razor, and she still wonders how he got
the one he used to end his life. "After he tried to unsuccessfully slash his
wrists and ankles, he knelt in the shower and cut his own throat," she said.
"Surely only a person in utter disillusionment and horrifying conditions would
bring themselves to this end."
October 11, 2007 The Olympian
The mother of an Idaho inmate who killed himself in a Texas prison this year
has become a corrections activist. Shirley Noble travels to Austin, Texas Friday
to urge lawmakers there to stop accepting out-of-state prisoners at their
for-profit lockups. Texas is holding hearings over The GEO Group, a
Florida-based private prison company that lost its contract to oversee a
juvenile prison because of dirty bed sheets, feces-smeared cells and insects in
the food. GEO also ran the prison where Shirley Noble's son, Scot Noble Payne,
slashed his throat March 4. The convicted sex offender had been shipped to Texas
with a group of 450 Idaho inmates because of overcrowding at prisons at home.
Shirley Noble contends sending prisoners out-of-state leaves them without family
contact - and caused Idaho prison officials to neglect them.
August 8, 2007 AP
The mother of an Idaho inmate who killed himself in a dilapidated private Texas
prison earlier this year has filed a $500,000 claim against Idaho, contending
the state's Department of Correction is responsible for "inhumane treatment and
illegal and unconstitutional conditions of confinement" that contributed to his
death. Scot Noble Payne, 43, was in prison for aggravated battery and lewd and
lascivious conduct when he slashed his throat March 4. He had been sent to the
Dickens County Correctional Center in Spur, Texas, with other inmates last year
to relieve overcrowding in Idaho prisons, which have more than 7,000 prisoners
but too few beds to house them all. Following Payne's death, Idaho prison health
care director Donald Stockman investigated Dickens and concluded "the physical
condition of the cell where the suicide occurred does not, in my opinion, comply
with any standards related to inmate housing for either segregated housing or
housing for inmates on suicide watch. The physical environment of the cell would
have only enhanced the inmate's depression that could have been a major
contributing factor in his suicide." "Just being in the filth and degradation of
that cell was sufficient to drive somebody into suicide," Payne's mother,
Shirley Noble, told The Associated Press in a telephone interview Wednesday from
her home near Los Angeles. The tort claim against Idaho was filed last week.
Under state law, the maximum Noble could recover is $500,000. The state now has
90 days to respond to the claim; if it doesn't, Noble could file a civil rights
lawsuit in federal court. Kit Coffin, the state's risk management program
manager with the Department of Administration, said tort claims like this are
reviewed and assigned to state adjudicators for consideration. She was uncertain
if Noble's claim, originally filed with the secretary of state, had been sent to
her office yet. In suicide notes he penned for relatives, Payne described a
constantly wet floor, bloodstained sheets and smelly towels in the isolation
cell at the prison where he was confined for three months following his escape
and recapture in December 2006. He slit his throat in his cell just after
midnight March 4. "Due to the inhumane conditions, Scot Noble Payne became
depressed and suicidal. ... Unattended, (he) committed suicide as a result of
being subjected to inhumane treatment and illegal and unconstitutional
conditions of confinement," according to Noble's tort claim. Since Payne's
death, 69 Idaho inmates have been moved from Dickens, which is run by
Florida-based private prison operator The GEO Group, to another prison. By
September, the remaining 56 Idaho inmates still at Dickens are set to be moved
to another Texas prison because Idaho officials aren't satisfied with
improvements at Dickens. Noble's lawyer in Boise, Breck Seiniger, said Idaho had
the responsibility to ensure conditions at Dickens were adequate, regardless of
whether prisoners were located in Idaho or 1,500 miles away. Brent Reinke,
director of the Idaho Department of Correction since January, has conceded his
agency didn't do enough to monitor conditions at Dickens between August 2006,
when Idaho prisoners were sent there, and Payne's suicide in March. During that
period, Idaho sent prison staff to Texas just once. They have a responsibility
to provide reasonable conditions of confinement," said Seiniger. "They can't
escape that responsibility simply by passing these prisoners off to somebody
else." Reinke's office said it would review the claim, but declined to
immediately comment. Payne's family has also discussed a federal lawsuit against
The GEO Group, though no lawsuit has yet been filed. Phone calls to GEO Group
spokesman Pablo Paez in Boca Raton, Fla., weren't immediately returned.
July 31, 2007 Idaho Statesman
Idaho's Department of Correction has created a new position to manage Idaho's
roughly 2,400 inmates in private, out-of-state prisons and county jail beds.
Randy Blades, who has been the warden at the Idaho State Correctional
Institution south of Boise, will monitor the 500-plus inmates, now in three
Texas prisons managed by the Geo Group Inc. of Boca Raton, Fla. He will also
monitor the 240 inmates soon to be transferred from Idaho to a private prison in
Oklahoma, and the inmates in county jail beds across the state. Correction
Director Brent Reinke created the position after disclosing that conditions at
one of those prisons were so bad that inmates will be moved elsewhere. Inmates
at the Dickens County Correctional Center are being moved to the Bill Clayton
Detention Center after an inmate suicide at Dickens revealed filthy living
conditions and poorly trained and unprofessional staff. “Times have changed and
we simply need to get in front on this issue,” Reinke said in a statement. “We
must be proactive. We need to make sure inmates are being treated adequately and
taxpayers are getting what they are paying for.”
July 26, 2007 The Olympian
Department of Correction Director Brent Reinke next Thursday will visit a
private Texas prison where he intends to shift 56 inmates in September, after
problems including abuse by guards, deplorable conditions and a suicide emerged
at previous facilities in that state. Reinke, who concedes lax oversight by
Idaho contributed to problems, and three other Idaho officials will review the
Val Verde Correctional Facility and Jail in Del Rio, Texas, run by Florida-based
private prison firm The GEO Group. The prison area where Idaho inmates are due
to be housed at Val Verde is part of a new 659-bed addition, Reinke said. Still,
he wants to make sure the facility located near the Mexican border meets Idaho
standards so the recurring problems at the two previous GEO-run prisons aren't
repeated. "On contracts in general, we're going to be stepping that up," Reinke
told The Associated Press this week. "We want to take a firsthand look." About
450 Idaho inmates were first moved beyond state borders in 2005 to relieve
overcrowding at prisons here, where there are more than 7,000 inmates - but not
enough room to house them all. They were incarcerated at the Newton County
Correctional Center in Newton, Texas, until August 2006, when they were moved
following allegations of abuse by guards to the Dickens County Correctional
Center in Spur, Texas. But Reinke, who took over in January, acknowledges his
agency didn't do enough to scrutinize conditions at Dickens before Idaho inmates
were shipped there. And from August 2006 to March 2007, Idaho prison officials
only visited the Dickens County facility one time. The March 4 suicide by Scot
Noble Payne, a convicted sex offender, and a subsequent investigation
illuminated conditions that one Idaho prison official described as "beyond
repair." One concern: There have been problems at Val Verde, too. Inmate LeTisha
Tapia killed herself there in 2004 after alleging she was raped by another
inmate and sexually humiliated by a guard. And a black guard accused his captain
of keeping a hangman's noose in his office and a photo of himself in a Ku Klux
Klan hood in his desk. Val Verde County has been forced to hire a full-time
prison monitor to keep a watch on prison operations as part of a settlement with
Tapia's family. Some family members of Idaho inmates now at Dickens told the AP
they're pleased Reinke is scrutinizing Val Verde personally. Still, they said
they're frustrated their relatives are being moved again - especially since many
problems at Dickens have been remedied since Payne's suicide in March. "Things
are OK now," said the wife of a sex offender who asked not to be identified by
name. "They don't want to move." Reinke has pledged to improve oversight of
conditions at Texas prisons through what he's calling a "virtual prison" that
his agency adopted earlier this week. It's modeled after a similar system in
Washington state, he said.
July 11, 2007 AP
As overcrowding in Idaho prisons intensifies, so have lobbying efforts and
campaign donations by private prison companies aiming to win new contracts -
both to house more inmates beyond state borders and to build a proposed
2,200-bed for-profit lockup. The GEO Group, a Florida-based prison operator in
15 states, entered Idaho politics in 2005, when it hired its first lobbyist,
according to a review of lobbying and campaign finance records by The Associated
Press. A year later, it divvied up $8,000 among three campaigns: Gov. C.L.
"Butch" Otter got $5,000, Lt. Gov. Jim Risch got $2,500, and former state Rep.
Debbie Field, who lost her House race last November, received $500. Field also
served as Otter's campaign manager and was later appointed by the new governor
as Idaho's drug czar. Since 2006, GEO has won contracts worth $8 million
annually to house more than 400 Idaho inmates in Texas, including at two prisons
where problems became so severe that Idaho demanded inmates be relocated.
Corrections Corp. of America, a Tennessee company whose 95,000-inmate private
prison system includes 1,500 prisoners at a prison south of Boise, gave nearly
$32,000 for the 2006 election to 29 Republican candidates, including $10,000 to
Otter, and $5,000 to the state Republican Party. CCA and GEO each hired two
lobbyists for the 2007 Idaho Legislature. Just one Democrat, Rep. Margaret
Henbest, D-Boise, received money from CCA - $300. The GOP dominates Idaho
politics, with 51 of 70 seats in the House and 28 of 35 seats in the Senate.
Steve Owen, a CCA spokesman, said his company makes political contributions to
candidates that support "public-private partnerships." "That's what we're in the
business of, and that's reflective of our participation in the political
process," Owen said, adding his company has run private prisons for nearly 25
years, including in Idaho, in a professional manner where standards can exceed a
state's own. "It has been a positive working relationship between the Idaho
Department of Correction and CCA." GEO spokesman Pablo Paez didn't return phone
calls seeking comment. Overcrowding in U.S. prisons, plus a federal push to
incarcerate more terrorists and illegal aliens, has benefited private prisons
that now oversee 140,000 inmates. Companies like GEO and CCA spent $3.3 million
between 2000 and 2004 on election campaigns in 44 states to ensure they profit
from this private prison boom, according to a 2006 study by the National
Institute for Money in State Politics, in Helena, Mont. Private prisons have
become a hot topic here, because of the problems at GEO's Texas prisons where
Idaho inmates are locked up to ease overcrowding at home. Abuse by guards at the
Newton County Correctional Center in eastern Texas prompted Idaho officials to
demand inmates be relocated in 2006 to the Dickens County Correctional Center.
Now, Idaho officials have called Dickens "filthy" and "beyond repair," prompting
a move to another GEO Texas prison. "The way the contractor makes the most money
is by providing the least amount of service," said Robert Perkinson, a
University of Hawaii professor who is writing a book on Texas prisons, including
privately run facilities. "It's an inherently problematic area of government to
privatize." Still, Idaho, with about 7,000 inmates, now has 256 more inmates
in-state than it has capacity for - even with about 430 already in Texas.
Efforts to develop sentencing alternatives to ease an expected 7 percent annual
increase in inmate numbers through 2010 will take time, so Department of
Correction Director Brent Reinke said alternatives are limited to moving inmates
elsewhere. Robin Sandy, Idaho Board of Correction chairwoman, said she met with
CCA officials in Idaho in June. They discussed a new contract with the state to
house 240 Idaho inmates in company prisons in Oklahoma - a contract worth about
$5 million annually - as well as prospects of the company winning a share of the
new 2,200-bed prison proposal that Reinke plans to introduce in September to
lawmakers. "It was a courtesy visit," Sandy said. Otter said he's also been in
discussions with private prison companies eager to do more business with the
state. Otter is a former J.R. Simplot executive who has said he wants to run
Idaho more like the private sector. "There's been a lot of that activity," Otter
told the AP. "During the legislative session, there were several organizations
that came in."
July 10, 2007
The Olympian
More Idaho inmates are slated to move to a private Texas lockup in the latest
effort by state prison officials to relieve overcrowding at facilities here. In
the move approved by state officials including Gov. C.L. "Butch" Otter on
Tuesday, 40 inmates now in Idaho will go to the Val Verde Correctional Facility
and Jail in Del Rio, Texas, at a cost of $51 per inmate per day. In addition,
125 inmates now at the Dickens County Correctional Center in Spur, Texas, will
also be shifted, with 56 going to Val Verde, located near the Mexican border,
and the remaining 69 going to another prison in Littlefield, Texas, where there
are already 304 Idaho inmates. The shift to Val Verde and Littlefield comes
after problems emerged at Dickens, including a March 4 suicide, reports of
"filthy" and "dire living conditions" and a guard convicted of providing
contraband to inmates. Still, both Dickens and Val Verde prisons are run by the
same private company - Florida-based prison operator The GEO Group - and prison
advocates say Val Verde also has a reputation as a "scandal-ridden prison." One
Texas inmate killed herself at Val Verde in 2004 after alleged sexual
humiliation by a guard, while a guard supervisor was accused of keeping a photo
of himself in a Ku Klux Klan hood, resulting in accusations of racism. "We'll do
a site visit in the immediate future" to Val Verde, said Idaho Department of
Correction Director Brent Reinke, who has pledged to improve monitoring of Idaho
inmates by instituting a new program that includes more-frequent visits to
out-of-state facilities. GEO Group spokesman Pablo Paez said his company is
working with Idaho to meet its prison needs. In 2005, a black guard alleged his
captain at Val Verde kept a hangman's noose in his office and a Polaroid photo
of himself in a Ku Klux Klan hood in his desk. That case was settled in 2006.
The settlement with GEO isn't public, but details of the guard's complaint were
confirmed by a federal Equal Employment Opportunity Commission probe reviewed by
the AP. The guard's attorney said Tuesday that the atmosphere at Val Verde was
"hostile and racist." "I would have serious concerns about the way inmates will
be treated," the lawyer, Mark Anthony Sanchez, said from San Antonio. "If a jail
treats its employees that way, how is it going to treat inmates?" And in 2006, a
female inmate's family sued The GEO Group in the wake of her suicide at Val
Verde. Before her death, LeTisha Tapia said she was raped by another inmate and
sexually humiliated by a GEO guard after reporting to the warden that guards let
inmates have sex. The lawsuit was settled this year. Details of that settlement
also aren't public, according to U.S. District Court records in western Texas.
But Val Verde County, where the prison is located, has been forced to hire a
full-time prison monitor to keep a watch on operations at the prison, as part of
its own settlement with Tapia's family. "The county feels that the jail monitor
is necessary," said Ann Markowski Smith, the county attorney, in an interview
with the AP. She added that concerns remain about the GEO-run prison, including
whether inmates are properly receiving medication meant to treat mental health
conditions. Bob Libal, of Grass Roots Leadership, a group that campaigns against
for-profit prisons like GEO, is more critical. "Val Verde is the GEO-group
prison we always point to as a scandal-ridden private prison," said Libal. "We
hear very bad things from there, whether it be in the lawsuits, or grumblings
about the facility being poorly operated." GEO's Paez declined to comment on the
settlement with Tapia's family, or the guard who sued the company over racism
allegations at Val Verde. Idaho's contract with GEO is worth some $8 million
annually. Idaho, which began sending inmates beyond its borders in 2005,
predicts inmate numbers will grow between 6 percent and 7 percent annually
through 2010, with the population reaching more than 8,800 inmates by then. The
state says it must ship inmates out of state to relieve overcrowding. While
Reinke said he'll soon introduce a plan to build a new 2,200-bed private prison
in Idaho, that won't be done until 2010, at the earliest. As a result, Idaho
likely will continue to send more inmates out of state until then. For instance,
it aims to send an additional 240 prisoners by November to prisons in Oklahoma
operated by another company, Corrections Corp. of America. While Otter
acknowledged he's reluctant to work with GEO due to problems at its facilities,
he added, "I have a great deal of confidence in Mr. Reinke's ability to clean up
the situation."
July 8, 2007 Magic Valley Times-News
The state's top prison official aims to soon send more inmates to a Texas
lockup run by a private company, even though Idaho prisoners at two of that
outfit's other facilities have had to be moved twice because of abuse by guards,
a suicide, filthy conditions and lack of treatment. Brent Reinke, Idaho
Department of Correction director, on Tuesday will ask the state Board of
Examiners, including Gov. C.L. "Butch" Otter, to let him move more prisoners now
in Idaho to an undisclosed Texas facility run by The GEO Group, a Florida-based
private prison company. Reinke's request also includes relocating prisoners from
GEO's Dickens County Correctional Center in Spur, Texas. Conditions at Dickens,
left largely unmonitored by Idaho between last August and March, had
deteriorated so badly that when Idaho's prison health director finally
investigated earlier this spring, he said it was "the worst correctional
facilities I have ever visited." Reinke concedes his agency failed to properly
monitor conditions at Dickens, but said moving inmates to another GEO prison
won't necessarily mean problems will recur because not all the its facilities
are run so poorly. For instance, another GEO-run facility where 304 Idaho
inmates are housed, the Bill Clayton Detention Center in Littlefield, Texas, is
an excellent prison that shows problems aren't endemic, he said. "We just need
to make sure we hold them to the contract," Reinke told the AP Friday. "We've
got to do a better job monitoring the facilities." It wasn't immediately clear
how many inmates currently in Idaho would be affected by Tuesday's request.
Otter couldn't be reached for comment Sunday. Rising numbers of inmates in
Idaho, whose prisons now house more than 7,000, make this latest out-of-state
shipment unavoidable, Reinke said. Idaho predicts prison growth between 6
percent and 7 percent through 2010, with the population reaching more than 8,800
inmates by then. Idaho now pays GEO $51 a day to house about 430 inmates, or
more than $7 million annually. At the time of Idaho's initial out-of-state
shipments in 2005, inmates went first to Minnesota. But space constraints soon
uprooted them again in 2006, this time to a GEO-run facility in Newton, Texas.
There, guard abuse and prisoner unrest forced another move to two new GEO
facilities: 125 Idaho inmates went to Dickens, while 304 went to Bill Clayton in
Littlefield. Problems continued at Dickens, including an inmate suicide in
March. A guard was fired, then convicted in state court, for passing contraband
to inmates. And the Dickens warden was ousted after a probe in which Idaho
prison health director Don Stockman called the facility "beyond repair or
correction," according to a March 15 report obtained by the AP. GEO, based in
Boca Raton, Fla., has said it's aiming for improvements. "GEO strives to provide
quality correctional and detention management services in a safe and secure
environment consistent with contractual requirements and applicable standards,"
said spokesman Pablo Paez, in a recent e-mail. Still, some prison experts
criticize shipping inmates out-of-state because they move prisoners far from
families and raise questions about conditions at for-profit operations. "The
receiving facility is agreeing to this arrangement as a way to make money, and
so there is always a risk that conditions and safety will be compromised as a
way to cut corners and save money," said Michele Deitch, a University of Texas
professor. Reinke said Idaho prisons are full, so he has little choice. A prison
consultant concluded recently that Idaho will need room for 5,560 more inmates
over the next decade. The cost: $1 billion dollars. Earlier this year, Idaho
made a call for 1,100 more out-of-state prison beds; Correction Corporation of
America, another private prison company, offered just 240 beds. Idaho is now
negotiating a contract with CCA, to shift 120 inmates in July, and the remaining
120 in November. The state is also planning construction: It's set to build a
$15 million, 300-bed addition at a prison south of Boise by December 2008. A
separate, 400-bed drug treatment prison near Boise is in the works. And in
September, Reinke said he'll unveil a proposal to Idaho lawmakers for a new
2,200-bed private prison _ larger than the 1,500-bed facility he'd previously
considered. "We're at 100 percent right now, as far as capacity," said Reinke.
"We're kind of between a rock and a hard place."
July 6, 2007 AP
After months alone in his cell, Scot Noble Payne finished 20 pages of
letters, describing to loved ones the decrepit conditions of the prison where he
was serving time for molesting a child. Then Payne used a razor blade to slice
two 3-inch gashes in his throat. Guards found his body in the cell's shower,
with the water still running. "Try to comfort my mum too and try to get her to
see that I am truly happy again," he wrote his uncle. "I tell you, it sure beats
having water on the floor 24/7, a smelly pillow case, sheets with blood stains
on them and a stinky towel that hasn't been changed since they caught me."
Payne's suicide on March 4 came seven months after he was sent to the squalid
privately run Texas prison by Idaho authorities trying to ease inmate
overcrowding in their own state. His death exposed what had been Idaho's
standard practice for dealing with inmates sent to out-of-state prisons: Out of
sight, out of mind. It also raised questions about a company hired to operate
prisons in 15 states, despite reports of abusive guards and terrible sanitation.
Hundreds of pages of documents obtained by The Associated Press through an
open-records request show Idaho did little monitoring of out-of-state inmates,
despite repeated complaints from prisoners, their families and a prison
inspector. More than 140,000 U.S. prison beds are in private hands, and inmates'
rights groups allege many such penitentiaries tolerate deplorable conditions and
skimp on services to increase profits. "They cut corners because the bottom line
is making money," said Caylor Rolling, prison program director at Partnership
for Safety and Justice in Portland, Ore., a group that promotes prison
alternatives. Payne, 43, was placed in solitary confinement because he escaped
from the prison in December by scaling a fence and eluding capture for a week.
He was among Idaho inmates sent to the prison in Spur, Texas, run by a
Florida-based company called the GEO Group. The business operates more than 50
prisons across the United States as well as in Australia and South Africa. Soon
after Payne's suicide, the Idaho Department of Correction's health care director
inspected the prison and declared it the worst facility he had ever seen. Don
Stockman called Payne's cell unacceptable and the rest of the Dickens County
Correctional Center "beyond repair." "The physical environment ... would have
only enhanced the inmate's depression that could have been a major contributing
factor in his suicide," he wrote in a report on Payne's death. Stockman said the
warden at Dickens ruled "based on verbal and physical intimidation" and that
guards showed no concern for the living conditions. After Idaho's complaints,
GEO reassigned warden Ron Alford, who told the AP he was later fired. He
insisted GEO did not provide enough money to make necessary improvements. "They
denied me everything. To buy a pencil with GEO, it took three signatures.
They're cheap," Alford said in an interview. He disputes Stockman's findings on
his treatment of Idaho inmates. GEO spokesman Pablo Paez declined to comment on
Alford's performance and would say only that the company had been working to
address Idaho officials' concerns. But on Thursday, the state announced plans to
move 125 inmates from Dickens to other facilities, citing the poor living
conditions. The private prison business has been booming as the federal
government seeks space to house more criminals and illegal immigrants.
"Sometimes it may be a better situation for the inmates, and sometimes it's
not," said prison consultant Douglas Lansing, a former warden at the Federal
Correctional Institution in Fort Dix, N.J. "Monitoring is a vital component. You
can't just move them out of town and forget them." That appears to be largely
what happened with Idaho's inmates. The prisoners were sent to Dickens in August
from another GEO-run Texas prison after complaints about abuse by guards. But in
the following seven months, Idaho sent an inspector to Texas only once. That
inspection found major problems, including virtually no substance-abuse
treatment, and a complete lack of Idaho-sanctioned anger-management classes and
pre-release programs. There's no evidence the inspector's recommendations were
followed. And no one from Idaho visited the prison again until after Payne's
suicide. Most of the time, the Idaho prison employee responsible for monitoring
the GEO contract used only the telephone and e-mail to handle grievances, which
also included complaints about inadequate church services, poor food and limited
recreation time. Each time, Alford insisted everything was under control,
according to correspondence reviewed by the AP. The new director of the Idaho
prison system concedes his department did not adequately review the inmates'
treatment when he took office in January. "If I had to do it over again, I would
have," Director Brent Reinke said. Former Director Vaughn Killeen said he
couldn't afford more aggressive monitoring during his term that ended in
December. "We weren't happy about the things that were going on down there,"
Killeen said. "We didn't have that level of budget to accommodate full-time
monitors." Some other states are more vigilant. Washington state, for instance,
has 1,000 inmates in Arizona and Minnesota and places full-time inspectors at
the prisons. A superintendent visits every six weeks. Problems with GEO prisons
are not limited to Dickens. Elsewhere in Texas, a female inmate's family sued
GEO in 2006 after she committed suicide at the Val Verde County Jail near the
Mexican border. LeTisha Tapia alleged she was raped by another inmate and
sexually humiliated by a GEO guard after reporting to the warden that guards
allowed male and female inmates to have sex. In March, an investigation into sex
abuse allegations at another GEO-run Texas prison led to the firing of a guard
who was a convicted sex offender. And at GEO prisons in Illinois and Indiana,
hundreds of inmates rioted this past spring. The complaints have not hurt the
company's balance sheet. It reported profits of $30 million in 2006, four times
the amount reported in 2005. Inmates at Dickens say conditions have improved
since Payne's suicide. Hot and cold water problems have been fixed, and
cleanliness was judged "adequate," according to a May 31 report by a new Idaho
contract monitor. But prisoners still complain about sewage from adjacent cells,
poor medical and dental care, and a lack of educational programs. Inmates like
Robert Coulter, who was convicted of robbery, say authorities should have acted
sooner. "They basically put us down here and just dumped us," he said.
July 5, 2007 AP
State prison officials say 125 Idaho inmates in a private Texas prison are due
to make their fourth move since 2005, following a suicide in March, problems
with a guard passing contraband to inmates and the former warden's ouster. The
inmates, who were moved out of state two years ago due to overcrowding in Idaho
lockups, are now at the Dickens County Correctional Center in Spur, Texas, where
they've been since Aug. 7, 2006. Concerns over conditions at Dickens, an aging
county jail run as a prison by Florida-based The GEO Group, prompted this latest
move, Idaho Department of Correction Director Brent Reinke said Thursday. "The
problems we've had in Texas reflect the challenge of managing out of state. We
believe Idaho inmates are best managed at home in Idaho," Reinke said. He plans
in September to introduce a proposal to build a new 1,500-bed private prison in
Idaho to create more space for the state's 7,000 inmates. Reinke hopes to move
69 of the Dickens prisoners soon to another GEO-run prison, the Bill Clayton
Detention Center in Littlefield, Texas, where similar problems haven't occurred.
About 304 Idaho inmates are already there, but that facility is making space for
more. The remaining 56 at Dickens could go to another GEO facility elsewhere.
Reinke didn't specify where that prison is located. He said the date of the move
will be withheld until it's complete. The inmates in Texas were originally moved
from Idaho in 2005, going first to Minnesota. Space limitations there forced
them to be relocated in 2006 to a GEO-run prison in Newton, Texas, where
problems emerged immediately, including beatings by guards. That prompted Idaho
to request the move to Dickens and Bill Clayton last August. But problems
continued at Dickens, Idaho Correction Department officials said. Sex offender
Scot Noble Payne escaped in December, remaining on the run for a week before he
was recaptured. Payne then killed himself March 4. Idaho sent prison inspectors
to Texas after Payne's death, and concerns that emerged over conditions at
Dickens prompted complaints about warden Ron Alford, who was relieved of his
post and sent to another GEO facility. And more recently, a Dickens prison guard
was convicted in May in a Texas state court of providing contraband to an Idaho
prisoner. That guard was fired last December. GEO installed new management at
the facility after Idaho's complaints in March, but Reinke said moving the
inmates is still a priority. "IDOC remains concerned about Dickens' operation
and has been working hard over the past four months to find alternatives," the
state agency said in a statement. In an e-mail statement to The Associated
Press, GEO said it's working to rectify problems at Dickens. "GEO strives to
provide quality correctional and detention management services in a safe and
secure environment consistent with contractual requirements and applicable
standards," spokesman Pablo Paez said.
June 6, 2007 AP
Under terms of his contraband sentence, a Texas prison guard who provided
illegal materials to Idaho inmates will only go to prison if he violates
conditions of his release. Those conditions include staying out of “honky tonks”
and “beer joints,” according to court documents. John Ratliffe, a former guard
at the Dickens County Correctional Center where hundreds of Idaho inmates are
housed, is also implicated in providing assistance to an inmate’s escape. But
Ratliffe has denied knowing Payne planned to escape. Footprints matched to
Payne, who later committed suicide, were found near Ratliffe’s home. Dickens
County prosecutors couldn’t be reached for comment on whether Ratliffe faces
additional charges related to the escape. Attempts to reach Ratliffe were
unsuccessful. His telephone number in Paducah isn’t listed. The 43-year-old
Payne was among inmates shipped to Dickens and another nearby facility in
Littlefield, Texas, in August 2006 due to problems they experienced at another
Texas facility, the Newton County Correctional Center. Those included incidents
in which the inmates were punched and doused with pepper spray by guards. Both
prisons are operated by The GEO Group of Florida. GEO officials said they took
quick action upon learning in December about Ratliffe’s contraband operation. It
included setting up a post office box where at least some prisoners’ families
sent items or money to be transferred to inmates, according to documents. “When
we have incidents of this kind, we conduct a full investigation, and if
disciplinary action is required, we take that action properly, and that’s what
we did in this case,” said Pablo Paez, a GEO spokesman. Ratliffe was placed on
unpaid leave, then fired, Paez said. Records show a chaotic scene in Paducah
before Payne was finally cornered by search dogs in a nearby riverbed. Ratliffe
allegedly threatened to commit suicide shortly after searchers found Payne’s
footprints near his backyard fence, prompting Texas Rangers to transfer Ratliffe
to the local courthouse “where a mental health warrant was signed by the judge,”
according to the GEO report. Idaho officials said they learned of Ratliffe’s
activities after Payne’s capture. “We found out about it on Dec. 11 in a
conversation between Warden Ron Alford and our contract compliance person Sharon
Lamm,” said Jeff Ray, a spokesman for Idaho prisons. Alford was transferred in
March to another GEO prison, after complaints from Idaho about conditions at
Dickens.
June 6, 2007
AP
A private prison guard in Texas who company officials say helped an Idaho inmate
escape by providing an envelope stuffed with money has been convicted in a
separate case of providing contraband to another Idaho prisoner. John Ratliffe,
a former guard at the Dickens County Correctional Center where hundreds of Idaho
inmates are housed due to overcrowding at home, was sentenced last month to five
years probation, 120 hours of community service and a $1,000 fine for giving
cigarettes to Idaho inmate Patterson Franklin, according to court records
obtained Tuesday by The Associated Press. Ratliffe pleaded guilty. The problems
surfaced starting Dec. 3 when sex offender Scot Noble Payne escaped through a
prison kitchen door and scaled a fence. Afterward, Ratliffe acknowledged to his
bosses at the prison run by Florida-based The GEO Group that he used Franklin as
an intermediary to provide illegal items, including tobacco, underwear, sex
tapes, music — and at least $200 Payne had with him when he was caught Dec. 10,
according to an eight-page report compiled by GEO officials following the
escape. Payne committed suicide March 4 after weeks in an isolation cell. He had
been isolated as punishment for his escape. Officials say guard can avoid prison
sentence.
May 1, 2007 Spokesman Review
The warden of a private Texas prison housing Idaho inmates has been "relieved of
his duties" after complaints from Idaho. The Dickens County Correctional Center,
which houses 125 Idaho inmates, made the change after an Idaho corrections team
visited the large, older county jail near Lubbock, Texas, in March and reported
"deficiencies." Idaho Corrections Director Brent Reinke said problems included
an absence of required educational and treatment programs, inadequate
out-of-cell time, inappropriate lighting, and problems with food, clothing and
cleanliness. Also, an inmate from Ada County who escaped in December and
recaptured committed suicide at the facility in early March. "The feedback I got
from the team was that what they were concerned with was the Texas style of
justice," Reinke said. "Texas justice is different than Idaho justice. It just
is. And we want our inmates handled according to Idaho justice. "Ninety-eight
percent of those folks are coming back to our communities. … Our mission is to
keep Idaho safe. … We don't want to make the matter worse, so that they come
back more violent or more angry." The state Board of Correction voted
unanimously Monday to explore private prison options in Idaho as an alternative
to sending inmates out of state in the future. Dickens is one of two Texas
lockups operated by GEO Group, formerly Wackenhut Corp., to which Idaho inmates
were moved after problems at another GEO facility in Newton County, Texas, last
year. The Newton County lockup saw two escapes, a demonstration in which 85
Idaho inmates refused to return to their cells for hours in protest over
conditions, and the discipline of three prison employees after jailers roughed
up and pepper-sprayed six Idaho inmates. Idaho has 431 inmates housed out of
state due to overcrowding in its prison system – 125 at Dickens, 304 at Bill
Clayton Detention Center in Littlefield, Texas, and two elsewhere. Reinke said
GEO Group has been responsive to the complaints, and the new acting warden has
made improvements. Complaints have dropped off since that change was made last
month. But members of the state Board of Correction were concerned on Monday.
"They're not meeting the terms of the contract," said board Chairwoman Robin
Sandy. "Maybe I'm just used to enforcing a contract a little more aggressively."
Sharon Lamm, deputy administrator of management services for Idaho Corrections,
told the board conditions were much improved at a follow-up visit in April.
Idaho pays $51 per inmate per day in Texas. The average cost in Idaho is $48 per
day. Idaho is seeking proposals for additional out-of-state prison beds for
overflow inmates. The deadline for proposals is today. Reinke said the most
recent estimates show Idaho will need 5,200 more beds in the next 10 years. But
Sandy said placing inmates out of state could become prohibitively expensive
because California is poised to send 8,000 of its inmates out of state. "We all
know what that's going to do to the price of beds," she said. She proposed that
Idaho look into contracting for private prison space in state, which would
require a change in state law. Idaho has one privately operated prison, but the
facility is owned by the state. "It's something we need to discuss," Sandy told
the board. "I've spoken to the governor's office about it. They seem to like the
idea." Board member Jay Nielsen said, "I don't think we're going to get $60
million out of the Legislature to build one, so our back's to the wall – if
we're going to have a new prison, it's going to have to be a private one." The
board voted unanimously to seek more information on that option. Jack Van
Valkenburgh, executive director of the American Civil Liberties Union of Idaho,
said, "I'm less concerned with whether it's a public or private entity than with
whether conditions are adequate and constitutional, and whether there are
adequate programs to return inmates to society in a productive manner." The
Idaho inmate who committed suicide at the Texas lockup, Scot Noble Payne, 43,
was found in a shower at 1 a.m. with fatal razor wounds. He was serving seven to
20 years for lewd and lascivious conduct. Matt EchoHawk, staff attorney for the
Idaho ACLU, said his group received complaints from about one in five Idaho
inmates at the Dickens facility after Payne's escape in December. Many said they
were stuck in their cells without opportunities for rehabilitation. "The prison
officials would say it was due to weather or security, something like that, but
it wasn't happening, they wouldn't be out of their cells," EchoHawk said.
March 5, 2007 Idaho Statesman
An Idaho inmate housed in a Texas prison was found dead from apparently
self-inflicted wounds early Sunday morning, an Idaho Department of Correction
spokeswoman said. Guards in the Dickens County Correctional Center found Scot
Noble Payne, 43, slumped in a shower, bleeding and unresponsive about midnight
Mountain Time, Teresa Jones said. The fatal wounds were inflicted with a razor,
she said. He was pronounced dead at 1:17 a.m. after unsuccessful attempts to
revive him. Payne was serving time on an Ada County charge of lewd and
lascivious conduct with a minor under 16, Jones said. He was isolated from other
inmates at the time of his death because of a December escape, she said. Payne
apparently scaled a fence Dec. 3. He was captured on Dec. 10 after eluding the
Texas Rangers, helicopters from the Texas Department of Public Safety, local law
enforcement agents and private prison workers. Payne was one of about 100 Idaho
inmates housed at the correctional center near Spur, Texas. Idaho inmates have
been in the facility since July 2005. Payne transferred there in August. He was
sentenced to 20 years, with seven mandatory, in December 2002.
December 11, 2006 AP
An Idaho inmate who escaped a private West Texas prison was captured after a
week on the run when authorities caught up to him at a ranch. Authorities
arrested Scot Noble Payne, 43, on Sunday at a ranch near the small town of
Paducah, said Daniel Hawthorne, a spokesman for the Texas Department of Public
Safety in Childress. Payne escaped Dec. 3 from the Dickens County Correctional
Center. The facility, which is run by Florida-based Geo Group Inc., is located
in Spur, about 60 miles east of Lubbock. Prison officials said Payne, who was
serving time for aggravated battery and lewd and lascivious conduct, scaled the
facility's fence. He fled when temperatures were in the mid-20s, apparently
without any extra clothing. For a week, the fugitive eluded searches by the
Texas Rangers, helicopters from the Department of Public Safety, local law
enforcement agents and private prison workers. Hawthorne said several reports of
sightings focused searchers on the Paducah area, which is 50 miles northeast of
the detention center. Authorities closed down sections of highways and continued
scanning the area by helicopter, he said. Dogs eventually tracked Payne to the
ranch. Payne is one of more than 460 Idaho inmates who have been shipped to
Texas or other states since last year due to overcrowding in Idaho prisons.
Idaho inmates at private prisons in Texas have been the subject of controversy,
with a previous breakout in June and allegations of abuse that preceded the
firing of some Geo Group staff and the transfer of inmates to other prisons —
including Dickens County.
December 5, 2006 AP
Texas authorities continue to search for an Idaho inmate who escaped from a
privately-run prison in subfreezing temperatures. Scot Noble Payne escaped from
the Dickens County Correctional Center at about 7:30 p.m. last night. Idaho
authorities say Payne left a shirt in the fence he's believed to have scaled.
Teresa Jones, a spokeswoman for the Idaho Department of Correction, says "Payne
had no extra clothing when he escaped and temperatures are near freezing." The
search for Payne included helicopters, dogs and road blocks.
December 4, 2006 AP
West Texas authorities were searching in subfreezing temperatures late Sunday
for an Idaho man who escaped from a privately operated prison in Spur. Scott
Noble Payne, 43, escaped from the Dickens County Correctional Center at about
7:30 p.m. CST, said Janie Walker, a dispatcher with the Dickens County Sheriff's
Office. State and local authorities from surrounding counties joined the two-man
Dickens County Sheriff's Office in the search for Payne, Walker said. The search
involved helicopters, dogs and road blocks. Jail staff members believe Payne
scaled the facility's fence, the Idaho Department of Corrections said in a news
release. Authorities believe he did not have extra clothing. Temperatures in the
region had dropped to the mid-20s degrees by 11:30 p.m., according to the
National Weather Service. Payne was serving time for Idaho charges of aggravated
battery and lewd and lascivious conduct, according to the Idaho Corrections
Department. He was one of about 100 Idaho inmates being held at the Spur
facility, which is located about 60 miles east of Lubbock. The prison, which is
operated by Florida-based The Geo Group, Inc., is designed for minimum- to
maximum-security levels, according to the Geo Group's Web site. It has a
capacity of 489 adult males.
Idaho
Correctional Center
Kuna, Idaho
CCA
CCA-run prison remains Idaho's most violent lockup: October 9, 2011,
REBECCA BOONE, Associated Press. Another daming report on violence in CCA's
prison
CCA's Idaho Correctional Center beating video:
November 30, 2010, 3:36 min: Damning video piece.
December 15, 2011 AP
A federal judge has refused to unseal a settlement agreement between an Idaho
inmate and a private prison company involving allegations of rampant violence at
a lockup near Boise known as "Gladiator School." The Associated Press had asked
the court to unseal the settlement between Marlin Riggs and Corrections Corp. of
America. However, U.S. District Judge Edward Lodge said Wednesday the interests
of Riggs and the company in keeping the settlement confidential outweighed the
interest the public has in learning its terms. The AP's West regional editor,
Traci Carl, said the news organization's attorneys were reviewing the ruling and
considering the legal options. "The AP is disappointed with the ruling and
believes the public has a right to know the terms of the settlement," Carl said.
Neither Riggs' attorney James Huegli nor CCA's attorney Kirtlan Naylor
immediately returned messages from The Associated Press seeking comment. Riggs
initially asked for $55 million in damages, saying the Idaho Correctional Center
was nicknamed "Gladiator School" and that guards knew Riggs was about to be
attacked but failed to protect him. The AP contended the lawsuit raised profound
and far-reaching issues of public interest. In his written ruling, Lodge
acknowledged that the operation of a prison raises issues of public concern, but
he said he feared releasing the document would place Riggs at risk for
intimidation or assault in prison. He also said future litigants would be
discouraged from participating in judicially supervised settlement conferences
if they believed the outcome could be made public. The judge also noted that a
settlement agreement in a "companion lawsuit" between other inmates at the
prison and CCA was released to the public. In that case, the inmates were
alleging the same types of civil rights violations that Riggs claimed, but they
didn't ask the court for any monetary damages. Instead, the inmates wanted
changes to the way the prison is run _ and in the settlement agreement, CCA
agreed to make those changes, though the company did not acknowledge any guilt
or liability. Both CCA and the American Civil Liberties Union of Idaho, which
was representing the inmates, agreed to make that settlement public. "The
present case now involves only a single prisoner seeking monetary damages for an
assault," Lodge wrote. "The public's interest in knowing the precise terms of
his agreement with CCA is outweighed by the parties' interest in confidentiality
as a means of minimizing the serious risks that the Court has found to exist."
October 5, 2011 AP
The Associated Press is asking a federal judge to unseal the settlement
agreement between an Idaho inmate and private prison company Corrections Corp.
of America. The confidential settlement between Marlin Riggs and CCA was reached
last month in a widely publicized lawsuit that alleged rampant violence at a CCA-run
prison near Boise. Riggs originally asked for $55 million in damages, saying the
prison was nicknamed "Gladiator School" and that guards knew he was about to be
attacked but failed to protect him. Riggs said he suffered serious injuries in
the attack, and required facial surgery to allow him to breathe normally. The AP
is asking the federal judge to open the settlement because the news organization
contends the lawsuit raises profound and far-reaching issues of public interest
and concern.
September 20, 2011 AP
A potential class-action lawsuit against the nation's largest private prison
company over allegations of violence at the Idaho Correctional Center has been
settled in federal court. The agreement between the inmates and Nashville,
Tenn.-based Corrections Corporation of America was filed Tuesday in U.S.
District Court in Boise. In it, CCA doesn't acknowledge the allegations but
agrees to increase staffing, investigate all assaults and make other sweeping
changes at the lockup south of Boise. If the company fails to make the changes,
the inmates can ask the courts to force CCA to comply. The inmates, represented
by the ACLU, sued last year on behalf of everyone incarcerated at the CCA-run
state prison. They said the prison was so violent it was dubbed "Gladiator
School," and that guards used inmate-on-inmate violence as a management tool and
then denied prisoners medical care as a way to cover up the assaults. CCA has
denied all the allegations as part of the settlement, but the agreement is
governed under the Prison Litigation Reform Act, which only applies in cases in
which prisoners' Constitutional rights have been violated. The agreement came
after both sides spent three days in federal mediation sessions last week. In
the lawsuit, the inmates cited an Associated Press investigation from three
years ago that found the private prison had more cases of inmate-on-inmate
violence than all other Idaho prisons combined. "The unnecessary carnage and
suffering that has resulted is shameful and inexcusable," the ACLU wrote in the
lawsuit. "ICC not only condones prisoner violence, the entrenched culture of ICC
promotes, facilitates, and encourages it." While the prison is owned by the
state, it is run for a profit by CCA under a contract with the Idaho Department
of Corrections. The inmates claimed the company made decisions based on profit,
rather than on "responsible administration of the prison." Under the settlement,
CCA has agreed to leave more prison beds open so it can easily move threatened
inmates to new cellblocks when necessary. It also agreed to report all assaults
that appear to amount to aggravated battery to the Ada County Sheriff's Office,
to increase the level of training given to guards and to discipline staffers who
don't take appropriate measures to stop or prevent assaults.
September 14, 2011 AP
An inmate who sued a privately run Idaho prison over allegations of extreme
violence and medical neglect has reached a settlement with the operator,
Corrections Corporation of America. Meanwhile, dozens of other inmates who also
sued Nashville, Tenn.-based CCA in federal court are in settlement talks with
the company, possibly ending their potential class-action case by the end of the
week. Marlin Riggs and the other inmates claimed the Idaho Correctional Center
south of Boise was so violent that it's called "Gladiator School," and that
guards used inmate-on-inmate violence as a management tool and then denied
injured prisoners adequate medical care. The settlement between Riggs and CCA
was filed under seal in Boise's U.S. District Court on Monday, and both sides
reached a confidentiality agreement, so the terms weren't available. Before the
settlement, Riggs was seeking $55 million in damages. Neither Riggs' attorney,
James Huegli, nor CCA spokesman Steve Owens immediately returned messages from
The Associated Press seeking comment. A CCA spokeswoman at the Idaho
Correctional Center referred all calls to Owens. Riggs filed his lawsuit in
2009, saying that CCA's prison guards failed to protect him from violence at the
hands of other inmates even though he told the guards he was about to be
attacked. He also contended that after the attack, CCA employees failed to
adequately treat his injuries. Several other inmates at the prison filed similar
lawsuits in federal court around the same time, and a judge decided to
consolidate them into one case. The American Civil Liberties Union took on the
task of representing the inmates in the consolidated lawsuit, and they asked for
class-action status on behalf of everyone at the lockup. CCA has denied all of
the allegations in the lawsuit, saying that the Idaho prison is run in
accordance with state and federal standards. In the joint lawsuit, Riggs
originally asked for $155 million — the total net income that CCA reported for
2009 — and the rest of the inmates asked the court to order CCA to take steps to
reduce the violence at the prison. Once Riggs' case was split from the other
prisoners' claims, however, he changed his request for damages to $55 million.
The rest of the inmates still aren't asking for money from the company, just for
changes in the way CCA runs the lockup. Just before Riggs and CCA began
settlement talks, U.S. District Judge Edward Lodge tossed out Riggs' claim of
inadequate medical care, saying he had failed to take all the steps required by
the prison's formal complaint policy before taking the matter to the courts. In
his lawsuit, Riggs said he was "one of the scores of prisoners brutally
assaulted as a result of defendants' deliberate indifference to prisoner
safety." Riggs, who is 48, was living in a general population housing unit
called L-Pod in 2008 when he said gang members in the unit ordered him to begin
paying "rent" or face being beaten. Riggs said they followed up the threat by
stealing his headphones, food and other personal belongings. The next day, Riggs
said, at least four inmates returned to his cell and told him he must leave or
fight all of them. Riggs told the prisoners he would leave, and he pressed the
cellblock's emergency button. A guard let him exit and sent him to talk to
another guard. But when Riggs said he'd been threatened and asked to leave the
unit, the guard asked Riggs to name the inmates who had threatened him. Riggs
said he didn't know their names, but pointed out that the guard could look at
security video to identify the prisoners. Riggs also offered to identify the
inmates through photographs, but the guard refused to use either option.
Instead, he ordered Riggs to return to his cell, according to the lawsuit. Riggs
asked to speak to another guard, who also ordered Riggs back to the cellblock.
By that time, the other prisoners were at dinner and Riggs was able to call his
family to explain the situation. Within minutes of the end of the call, Riggs
was attacked and beaten by another inmate, according to the lawsuit. He was
knocked down, repeatedly kicked in the face and torso, his nose was broken, and
the left side of his face was "smashed in." Blood spatters from the attack even
reached the ceiling, according to the lawsuit. Riggs said that one of the guards
who had ordered him to return to the cellblock eventually intervened, taking
Riggs to the prison doctor. But while the prison doctor confirmed that his nose
was broken, he refused to have the injuries X-rayed — a practice Riggs said was
part of a common ICC effort to conceal the severity of attacked inmates'
injuries. He was then sent to a segregated cell, where he was kept without
medical follow-up for 15 days. The attack left him in enormous and constant
pain, Riggs said in the lawsuit, and he ultimately needed an operation to allow
him to breathe normally. "During those 15 days, Riggs was constantly bleeding
from the nose, bones in his face were loose, there was a noticeable dent in his
face, he was bleeding from the ears and nose, and he had difficulty breathing.
When he slept, Riggs would lie in a pool of blood," the lawsuit said.
May 25, 2011 The Root
The cost savings from for-profit incarceration are debatable, and an Idaho
suit claims that profitability can come at the price of prisoner safety. Antoney
Jones, a gay African-American man imprisoned in Idaho, needed protection from
other inmates who thrived on assaulting vulnerable prisoners, especially those
who were black and gay, his lawyers said. He especially needed protection after
testifying against a criminal defendant for California prosecutors in an
undisclosed case. Not only was he black and gay, but he was also considered to
be a rat within the prison population. He was housed in 2007 at the Idaho
Correctional Center in Kuna, just outside of Boise, which is a privately run
prison considered so violent that it is dubbed "gladiator school" because of its
kill-or-be-killed mentality among guards and prisoners, says Monica Hopkins,
director of the ACLU of Idaho. But Jones did not get protection. Instead he
endured a beating worthy of a Martin Scorsese movie. It was so bad that he is
part of a federal class-action suit filed in March 2010 by the ACLU and the ACLU
of Idaho against the ICC, alleging that officials promote and facilitate "a
culture of rampant violence that has led to carnage and suffering among
prisoners," Hopkins says. Jones was struck violently in the face within minutes
of being housed in a dangerous pod at the ICC, the suit says. He bled for half
an hour, his face was swollen, and both eyes turned black and blue. "Prisoners
throughout the pod lined the rails and began yelling, 'Kill the nigger,' 'Get
the fag' and 'Kill the rat,' " the complaint reads. "It was a mini riot, and yet
no guards intervened." A spokesman for the Nashville-based Corrections
Corporation of America, the nation's largest private prison company, which runs
the ICC, declined to comment via email to The Root. But in a response to the
complaint, court records show that the company denies that it inadequately
investigated assaults, refused to discipline guards and failed to protect
prisoners. Lower Costs, Higher Risks? -- The case is emblematic of a growing
number of problems that are endemic among private organizations that run
prisons, according to Hopkins and other activists. As of June 30, 2008, there
were 126,249 prisoners in private facilities nationwide, accounting for 7.8
percent of all prisoners, according to the Bureau of Justice Statistics. That's
up from 6.5 percent in 2000. The United States, with 7.2 million prisoners, has
the highest incarceration rate in the world. Pressure to save taxpayer dollars
and create jobs in states and communities across the nation is part of what's
driving this growth in privately run prisons. Some proponents argue that private
prisons house so-called easy prisoners -- those in relatively good health --
thus reducing the cost of housing them. Opponents say that private prisons
provide fewer services than public facilities in a bid to save money, thereby
endangering the lives of inmates. The service reduction disproportionately
affects African Americans, who accounted for 39.4 percent of the total prison
and jail population in 2009, according to the BJS. (Blacks make up about 13
percent of the population.) "I do think the violence at ICC is the result of it
being privately run," Hopkins says. "When profit is the motive, it is not in the
prison's best interest to preserve civil liberties. If you give inadequate care,
your profits go up. If you under-staff, profit margins go up. At state-run
agencies, officials are beholden to taxpayers and entities allowed to question
procedures. It's more difficult to find out information from private entities.
They can hide behind arguments that there are trade issues about how they run a
facility, so they can't release information." Indeed, the fact that private
facilities tend to take healthier -- and therefore less expensive -- inmates can
mask their relative cost compared with public institutions. Citing a study by
the Arizona Department of Corrections, the New York Times recently reported that
"privately operated prisons can cost more to operate than state-run prisons --
even though they steer clear of the sickest, costliest inmates." A Response to
Prison Overcrowding -- Still, the warehousing of prisoners in private prisons
has marched steadily upward as corrections departments seek to cut costs during
the economic crisis. Florida recently passed a measure to privatize facilities
currently housing 15,000 of the state's inmates. Additionally, Ohio plans to
privatize facilities housing 6,000 of the state's prisoners, and Arizona plans
to nearly double its private inmate community. The move has helped foster a $3
billion private prison industry, according to NPR, which ran a series about the
industry in March. The number of private prisons has grown steadily across the
nation since the 1980s, when the entities first sprang up to help address
overcrowding as a result of crack-cocaine convictions, increased violence and
stiff sentences. Proponents of private prisons argued that they cost less and
operate efficiently, helping them to garner a number of contracts. Not so,
according to Randall C. Berg Jr., executive director of the Miami-based Florida
Justice Institute, a private, not-for-profit organization that handles civil
rights for people confined in Florida's prisons and jails; housing and
disability-related discrimination; and class-action suits for indigent
populations. "Philosophically, government should not be contracting away the
housing of inmates to private companies, because they cannot incarcerate any
cheaper or more effectively than government," Berg told The Root. "If they do,
it's the prisoners who pay." There is very little data on the rate of violence
in private prisons because they are exempt from federal Freedom of Information
requests. What you end up with is anecdotal evidence. The Root recently ran a
story about privately run youth prisons, including Walnut Grove Youth
Correctional Facility in Jackson, Miss., which is embroiled in a lawsuit. The
suit charges that children are forced to live in barbaric and unconstitutional
conditions and are subjected to excessive force by prison staff. The prison
houses 1,200 young men between the ages of 13 and 22 who have been tried and
convicted as adults. More than two-thirds of the facility's inmates have been
incarcerated for nonviolent offenses, and the population is about 90 percent
African American. But private prisons are currently struggling to survive as the
crime rate drops. Now, instead of building prisons, they are taking over state
facilities. Danny Davis, city manager of Littlefield, Texas, told The Root that
he is looking for a way to sell or rent the Bill Clayton Detention Center, which
the city borrowed $10 million to build 11 years ago. It was a breadwinner for
the city for about eight years, until contractors from Wyoming and Idaho left
the building idle when they fell on hard times. Controversy also loomed over the
suicide of a prisoner. "We have done what we could to avoid default," Davis
says. "We've reduced street maintenance and the replacement of police cars,
putting off as much as we can. We increased property taxes to handle 15 percent
of the debt. We're doing the things we have to do when we get in circumstances
like this." A Culture of Violence -- The Idaho Correctional Center is
profitable, says the ACLU's Hopkins, who filed the federal class-action suit on
the heels of a video, released by the Associated Press in January 2010, of a
vicious beating of an inmate by another inmate in a separate incident there.
Tapes from prison surveillance cameras show prison guards looking on without
making any attempts to intervene. The footage prompted an FBI prison
investigation. The suit highlights a deeply entrenched culture of brutality that
has resulted in higher levels of violence at ICC than at Idaho's eight public
prisons combined, Hopkins says. It tells the stories of men involved in 24
different cases of assault that have occurred at ICC since November 2006, all of
which were entirely preventable and the direct result of failures by ICC
officials to protect prisoners, despite being placed on notice that those
prisoners faced a substantial risk of serious harm, she says. Even though he was
taken to the infirmary, Antoney Jones received no X-rays after his assault to
determine whether there were broken bones or he needed hospitalization. He
received cotton balls to stanch the bleeding, and ibuprofen for intense pain.
"Jones was placed in segregation without being offered additional medical care,"
the suit says. "Jones felt desperate, depressed and forsaken. Three days later,
while still in the segregated cell, Jones attempted suicide by tying bed sheets
around his neck. Jones lost consciousness. Fortunately, a guard saw him and cut
him down." No charges were filed in Jones' case because the incident was viewed
as mutual combat, the suit says. The case, still in discovery, is scheduled to
go to trial next year, Hopkins says. (He is now incarcerated at Idaho
Correctional Institution, a state-run prison, on charges of eluding a peace
officer and possession of a controlled substance, according to the website for
the Idaho Department of Corrections.) "A staff attorney who has been litigating
prison cases for years said he had not seen such a case of atrocities and human
suffering caused by issues in this lawsuit," Hopkins says. "If the court issues
an order against the prison, the state has agreed to aggressively enforce it.
That may mean termination of the contract with CCA. Our goal is to promote
change so this doesn't happen again."
April 27, 2011 AP
A federal judge has agreed with The Associated Press and rejected Correction
Corporation of America's request for a sweeping gag order in a lawsuit between
Idaho inmates and the private prison company. In the lawsuit, the inmates ask
for class-action status and say the Boise-area prison is so violent that it's
called "Gladiator School." They say the guards allow brutal inmate violence and
then deny injured prisoners adequate medical care. CCA denies the allegations.
The case has garnered media attention, and in January CCA attorneys asked the
judge for a gag order. The company said opposing attorneys were making
inflammatory statements, and that continued news coverage would make it
impossible to find a jury. The AP opposed the gag order, saying it amounted to a
prior restraint on the press.
April 21, 2011 AP
A federal judge has agreed to step down from a potential class-action lawsuit
over conditions at an Idaho prison at the request of its operator, Corrections
Corp. of America. Chief U.S. District Judge B. Lynn Winmill has been handling
the lawsuit brought by inmates at the Idaho Correctional Center. He announced
Tuesday that he was recusing himself after CCA attorneys claimed his staff
improperly approached an ACLU attorney about taking the case. Winmill stressed
that there was no improper conduct, and the staffer that contacted the attorney
was simply doing her job as a pro bono coordinator — a court worker who finds
attorneys to take cases for no charge. But he said he wouldn't risk even the
suggestion of impropriety, and so would step down. The Idaho inmates claim the
Boise-area prison is so violent that it's called "Gladiator School" and that the
guards use inmate-on-inmate violence as a management tool and then deny injured
inmates adequate medical care to cover up the violence. Nashville, Tenn.-based
CCA says prisoner safety is its top priority and that it works closely with
Idaho officials to meet standards. The company manages about 75,000 inmates at
64 facilities in 19 states and the District of Columbia. The case originally
started as a lawsuit brought by inmate Marlin Riggs, who couldn't afford an
attorney and asked the court to appoint one. ACLU attorney Stephen Pevar agreed
to take the case at no charge after he researched it and determined it could
qualify for class-action status. In a court document, Pevar said he rejects at
least 200 cases for every one he accepts and that he pursues primarily
class-action cases "because they are the best vehicles for achieving structural
and systemic reform and constitutional compliance, the primary goal of the
ACLU." Pevar said he only told the court's pro bono coordinator about the issue
of class certification to explain to her why he would need several weeks before
he could decide whether to take the case. That's exactly the type of
communication that should occur between a pro bono coordinator and attorneys, he
said. In the months since the lawsuit was filed, CCA attorneys have asked that
the lawsuit be split into two cases: Riggs' claim and the portion of the case
that could become a class-action suit. Recently, the ACLU attorneys agreed that
such a split could occur, and they asked that Winmill continue to handle both
cases. CCA attorneys, however, contend that amounts to "judge shopping." They
say it all gives the appearance that Pevar only took on the Riggs case so he
could have a class-action lawsuit before Winmill. Winmill said it was "proper
and laudatory" for court staffers to approach attorneys about representing
people who can't afford lawyers. "Such efforts are highly appropriate as a means
of providing equal access to justice and promoting due process of law," he said.
"On the other hand, it is improper for the court or its staff to facilitate or
encourage litigation intended to seek or obtain broader societal and
institutional changes through class actions or similar devices." While Winmill
said he was convinced that didn't happen in this case, he was concerned that
there exists the appearance of impropriety in the case. That alone requires him
to step down, he said. But he didn't leave the case without admonishing the
attorneys to straighten up. "Finally, just as I take my own ethical
responsibilities seriously, I expect counsel to do likewise," Winmill said. "I
have become concerned by the tenor and tone of the filings in this case. After
more than 23 years on the bench, I have learned that personal attacks on
opposing counsel and an inability to agree on even the most minor points do not
advance the cause of either side, and instead serve only to damage counsel's
credibility."
March 1, 2011 KBOI
Monday night in part one of our special investigation, KBOI 2News showed you why
Corrections Corporation of America had been hit with almost $150,000 in medical
fines at the Idaho Correctional Center, the private prison it runs south of
Boise. In part 2 of his exclusive KBOI 2News investigation, Mike Murad tracks
C.C.A’s money trail and discovers there’s an Idaho connection at the top of the
list. The problems for C.C.A. haven’t been limited to Idaho but tonight we’ll
show you which Idaho politician has benefited the most from the private prison
company, why C.C.A. might be setting up shop in Idaho for years to come, and who
could end up paying the tab in the long run. Yesterday we told you about serious
allegations about substandard medical care at I.C.C. and serious fines because
of it for the private company that runs the prison in Kuna. But the problems for
C.C.A. are not limited to Idaho. We found complaints against C.C.A. in all 19
states they operate, all within the past decade, involving much more than just
medical care. Last year the governor of Kentucky ordered 400 female inmates to
be removed from a C.C.A. run prison after allegations of sexual misconduct by
male guards. In 2009, C.C.A. settled with 21 former female workers in Colorado
who claimed male managers forced them to have sex to keep their jobs. In
Florida, a corrections officer pleaded guilty to smuggling drugs into a C.C.A.
run jail. And in December, C.C.A. settled another lawsuit with the A.C.L.U. in
California requiring, in part, the San Diego Correctional Facility hire more
nurses. “It’s not just unique to this facility,” says B.S.U. Criminal Science
Professor Dr. Michael Blankenship. Blankenship says part of the problem is that
private prison companies like C.C.A. exist to make a profit. “If you’re not
delivering profits,” say Blankenship, “who’s going to buy your stock?” We
checked into the financial health of C.C.A. A decade ago on February 1st, 2001,
their stock was trading at $2.50 a share. Four weeks ago, on February 1st, 2011,
it was ten times that amount at $25.09 a share. Dr. Blankenship says he is not a
fan of privately managed prisons because of the reality that they exist to make
a profit. “I think the idea is terrible,” says Blankenship. “I think if there
are some things the state is going to do, like incarcerate and take people’s
freedom away, then they should not parcel that out and let someone make a profit
out of that.” But not only does C.C.A. make money. They give money. KBOI 2News
obtained a list of candidates receiving money from C.C.A. between 2003 and 2010.
At the head of the pack receiving $19,000 is Idaho Governor Butch Otter. We
called C.C.A. to find out why but the company declined our request for an on
camera interview. Instead, Spokesman Steve Owen sent a statement that reads in
part: “Because C.C.A.’s political contributions reflect the specific laws and
limits of individual states, it is difficult to compare our corporate giving to
elected officials from different regions of the country.” The disparity in
campaign contribution is even more noteworthy when you consider of the 75,000
inmates C.C.A. supervises nationwide only 2,000 of them are here in Idaho.
That’s less than 3%. “The governor has made no secret that he’s in favor of
privatization,” says Blankenship. And apparently Governor Otter has been for
awhile. Four years ago, Otter asked lawmakers to begin working on legislation
that would have allowed private companies to build and manage prisons from the
ground up. So far, lawmakers have shot it down. But given C.C.A.’s financial
backing of Otter, and the governor’s preference toward private prisons, should
we assume Idaho will have more privately run facilities in the future? KBOI
2News wanted to ask Governor Otter that question. But for the past two weeks his
office has told us that his schedule is too busy to schedule a 15 minute
interview. If money is the only measuring stick, C.C.A. appears to be doing what
they claim to do. Save the state of Idaho money. About 7,500 inmates are
currently behind bars in Idaho prisons. It costs Idaho taxpayers about $52 a day
per inmate, which amounts to just under $19,000 a year. 2,000 inmates are at
I.C.C. The state is paying C.C.A. about $40 a day for each of them, which is
less than $15,000 per prisoner per year. The annual difference is almost $9
million dollars. But Professor Blankenship says it’s not a fair comparison,
partly because of who is housed where. Part of the state’s responsibility is the
400 inmates in maximum security and death row. I.C.C. houses only medium and
minimum security inmates who are cheaper to oversee. "You have to cut somewhere
in order to make a profit," says Blankenship. Steve Hernandez has served time at
Idaho's state run prisons as well as I.C.C. and says there is a difference,
especially when it comes to medical care. At I.C.C., Hernandez says “If someone
got beat up, they'll get stitches but they won't take X-Rays. Let's say someone
gets beat and gets their jaw hurt. They don’t X-Ray it. They refuse to X-Ray
it,” says Hernandez. “They'll just patch you up and send you to the hole. And
that’s pretty much it.” KBOI 2News asked Hernandez if that was the case at state
run facilities as well. “No,” he says. “If you had a problem at the state run
facilities they take care of it. They help you out." Last year's videotaped
inmate assault at I.C.C. has gotten a lot of attention. But maybe the most
troubling aspect of what's happening at I.C.C. is what's happening after the
prison violence. After the assault that left him with a broken nose and black
circles under his eyes, former I.C.C. inmate Mark Snowball documented months of
chronic breathing problems and bloody noses. He even started working on a
lawsuit in prison, not for money, but for medical care. Snowball says even that
didn't get C.C.A.’s attention. "They just said you'll just have to wait until
you're released because you're going to be released soon," said Snowball. And
when Snowball was released in January, 2010, his lawsuit in Ada County's Fourth
District Court was thrown out. The state of Idaho and C.C.A. were no longer
responsible, because Snowball was no longer an inmate. His medical problems were
now his alone. So what's to stop C.C.A. from withholding medical care long
enough for the other 75,000 inmates they manage so the expense is eventually a
burden for someone else? At this point all we can do is ask the question,
because we haven't been given any answers. But here's why every Idaho taxpayer
should care about what happens to Idaho inmates. If the state of Idaho is
dragged into court it takes taxpayer money for a defense, not to mention a
judgment. Originally the A.C.L.U. named Idaho on the lawsuit, right along with
C.C.A. in the case. But last June the A.C.L.U. agreed to drop Idaho as a
defendant, saving taxpayers the possible expense in this case. Currently the
A.C.L.U. is suing C.C.A. for $155 million dollars, which is equal to the amount
of profit the company earned in 2009. A C.C.A. spokesman told KBOI 2News the
company will agree to an on camera interview after the lawsuit has been
addressed.
February 28, 2011 KBOI
Back in July, 2000, the Idaho Correctional Center opened as the state's first
privately run prison. Recently, I.C.C, run by Corrections Corporation of
America, has come under fire after a lawsuit filed by the America Civil
Liberties Union, alleging misconduct, mismanagement and more. For the past two
months, KBOI 2 News has combed through more than 1,000 pages of documents,
including the state's contract with C.C.A. We have also spoken with more than a
dozen people trying to learn exactly what's happening inside Idaho's private
prison which many believe has become a public problem. The video from last year
is hard to forget. A 30 minute inmate assault at the Idaho Correctional Center
in Kuna as guards stand by and watch. According to the A.C.L.U, the Idaho
Correctional Center has more violence than Idaho's eight other prisons combined.
But our investigation didn't end there. It was just getting started. “The public
doesn't really know what goes on behind these walls," says former I.C.C. inmate
Mark Snowball. Four years ago, Snowball was an 18 year old teenager dating a 15
year old girl. He lived under her parent's roof and says they knew about the
relationship he had with their daughter. Snowball says when he split up with his
girlfriend, and while he was being investigated for another charge that was
eventually dropped, investigators learned of his prior relationship. Snowball
pleaded guilty to lewd conduct with a minor and was sentenced to two years in
prison. He was sent to I.C.C. in Kuna. In March, 2008, Snowball says he was
assaulted in his cell, when someone punched him repeatedly in the face. Snowball
says he suffered a broken nose that was gushing blood, and still has chronic
problems that exist almost three years later. “I’m still going through those
injuries, sinus pain, congestion, bloody noses daily," says Snowball. After the
attack he filed multiple grievance forms asking to have his nose X-Rayed. He was
denied. He asked to see an ear, nose and throat specialist. Again he was denied.
At one point months later, still complaining of the lingering effects, he was
even charged $5 for a medical visit when a nurse said his problem wasn't
chronic. Eventually, Snowball started the process of filing a lawsuit against
the state of Idaho. Meanwhile, C.C.A. is facing its own lawsuit from the
American Civil Liberties Union. The A.C.L.U. has documented almost two dozen
current or former I.C.C. inmates, many with stories similar to Snowballs'. KBOI
2 News requested an interview with the A.C.L.U., but C.C.A. has filed a gag
order in the case. As a result, THE A.C.L.U declined our interview request.
Nevertheless, we got a copy of the 81-page lawsuit against C.C.A. It tells the
story of 23 inmates who all say they sustained serious injuries from assaults at
I.C.C., including inmate beatings that split the area above the eye "to the
bone, kicks to the face, broken ribs, inmates knocked unconscious, teeth broke,
slashed face, eyes swelled shut, blood coming from ear." In the lawsuit, the
A.C.L.U. even cites a former I.C.C. correctional officer who says it took "two
hours to clean the pools of blood" in one case. But the inmate assaults may not
be the most troubling part of the story. The A.C.L.U. maintains the inmates who
were beaten never received proper medical care at I.C.C. In case after case, “no
x-rays were taken" after the assaults to determine "whether any bones were
broken." But the A.C.L.U. isn't the only one concerned about what may be
happening at I.C.C. So is the state of Idaho. Last year, officials with the
Idaho Department of Correction discovered 10 of 13 drug and alcohol counselors
at the prison weren't qualified to provide treatment. A separate medical audit
revealed I.C.C. had extensive problems administering medical care, including
delays in providing medication. In total C.C.A. was fined more than $141,000 by
the state. "I remember standing there with my superior and he went ‘can't help
ya, sorry,'" says former I.C.C. correctional officer Tedi Hernandez. Hernandez
worked at I.C.C. in 2008. She says she heard stories of medical care being
denied, including X-Rays. But she also says daily, prescribed medication often
didn't make it to inmates on schedule if at all. That’s what the medical audit
of I.C.C. by state officials also concluded. "I know that blood pressure pills
like anti psychotic and some really important ones for my safety, those they ran
out every once in a while,” says Hernandez. “Some people went days, other people
went weeks. It all depended. They just didn't have their medications." After
just one year on the job at I.C.C., Hernandez quit from what she calls a lack of
professionalism. KBOI 2 News wanted to hear what C.C.A. had to say about the
allegations, so I contacted their corporate office in Tennessee and left a
message with spokesman Steve Owen. Owen wouldn't go on camera, but sent me a
statement that reads, in part: “C.C.A. has served Idaho proudly since 2000, and
we were pleased to be the low bidder when the state put the contract to house
state inmates up for re-bid in 2009. C.C.A. will continue our efforts to be a
constructive corporate citizen in Idaho.” But the partnership today seems less
stable than a decade ago, considering the state’s almost $150,000 in fines for
medical related infractions. Why would C.C.A. cut corners on medical care, even
when they were racking up extensive penalties?
January 6, 2011 The Spokesman-Review
In his remarks to reporters today at the AP's legislative preview, Gov. Butch
Otter answered “no comment” when asked if he's asked his current state Tax
Commission chairman, Royce Chigbrow, to resign. Otter also said, in response to
a reporter's question, that the state is reviewing its contract with Corrections
Corp. of America over the troubled prison operation at the Idaho Correctional
Center south of Boise, but gave no details. “We are reviewing it to see where we
can improve it, but I'm not prepared to tell you … that we have some changes
that we're going to make and what those changes are.”
December 31, 2010 AP
The American Civil Liberties Union said Thursday that practices at an Idaho
prison that include guards opening the wrong cell doors and allowing
inmate-on-inmate attacks have caused violence at the facility and should be
immediately banned. The ACLU also said in a motion filed Thursday in U.S.
District Court that victims of the assaults at the Idaho Correctional Center are
routinely written up for defending themselves during the attacks, a consequence
that can jeopardize their eligibility for parole and access to treatment and
education programs. Attorneys for the ACLU are seeking a preliminary injunction
on behalf of inmates to immediately ban both practices at the prison run by the
Corrections Corporation of America. “We want to try to eliminate as much
suffering as quickly as we can; these two issues lent themselves to that,” said
Steven Pevar, an attorney for the ACLU. The ACLU is representing inmates who
sued CCA in March, saying the Idaho lockup is so violent it’s known as
“gladiator school” and prison workers used inmate-on-inmate violence as a
management tool, then refused to provide X-rays to injured prisoners as part of
a cover-up scheme. CCA has denied the claims. Company spokesman Steve Owen
declined to comment on the latest legal filing, saying lawyers would respond to
the claims in court documents. The motion seeks to block the prison from issuing
disciplinary reports to inmates who are acting in self-defense and calls for an
investigation into claims that the guards are opening the wrong cell doors. “The
first thing you have to do is find out what the problem is,” Pevar said. “Is it
a mechanical problem, or are people just being careless?” Since July 2009, 13
assaults have resulted from prison guards opening, or “popping,” the wrong cell
doors in areas where violent prisoners are kept, allowing inmates to attack
other prisoners, attorneys for the ACLU say in a brief. Guards either mistakenly
or deliberately opened the wrong doors and allowed the assaults, the ACLU says.
Four of the 13 of the assaults allowed because of “popping” cell doors occurred
under warden Timothy Wengler, who has been with the private prison company since
1996 and was appointed interim warden at the Idaho facility after the ACLU sued
over claims of brutal inmate-on-inmate violence, ACLU attorneys say. Former
Idaho warden Phillip Valdez was reassigned after the lawsuit was filed.
Attorneys for the ACLU claim in court documents that Valdez created the two
policies they are seeking to ban, and that Wengler continues to implement them
as interim warden. “One of two things must be true: Valdez and Wengler either
failed in their duty to investigate the causes of these incidents, or they
failed in their duty to fashion an appropriate solution,” the ACLU says. The
most violent of the “popped” cell door assaults occurred on Aug. 10, when a
guard opened some 20 doors and released at least 20 prisoners who then assaulted
four rival gang members, sending two to the hospital, according to the brief
filed by ACLU attorneys. Guards issued disciplinary reports for the four victims
of the assault, according to the ACLU.
December 8, 2010 AP
Health officials found evidence of E. coli bacteria at a privately run Idaho
prison south of Boise. Five inmates at the Idaho Correctional Center became sick
around Dec. 1. Tests from at least two identified a toxin associated with
bacteria that can cause serious food poisoning. Sarah Correll, staff
epidemiologist at the Central District Health Department, said no new cases have
been discovered and the inmates who were sickened are recovering. Still, food
safety inspectors from Correll's agency were at the prison Wednesday, doing food
and water inspections. Concerns about E. coli aren't new at the Idaho
Correctional Center. In August, inspections found coliform bacteria in the
facility's water supply, forcing staff to boil water.
December 3, 2010 Coeur d' Alene Press
James Haver, of Coeur d'Alene, was named as the man who brutally attacked a
fellow inmate at the privately run Idaho Correctional Center in Boise - a
facility dubbed "gladiator school" because of regular violence there. The attack
has received a wave of publicity starting late last month after the Associated
Press obtained a copy of surveillance video of the attack on Hanni Elabed, 24.
Correctional officers looked on, but didn't intervene, the video shot Jan. 18
shows. Haver, affiliated with a violent prison gang, stomped on Elabed a dozen
times. Elabed suffered bleeding inside his skull and spent multiple days in a
coma. He was released early from his sentence because his injuries were too
serious to remain in prison. He has brain damage. A Kootenai County Sheriff's
Department spokesman said Friday that Haver, 25, was arrested here in February
2004 for possession of a controlled substance and carrying a concealed weapon.
In addition, he was jailed here in February 2005 for aggravated assault,
aggravated battery, being a fugitive from justice and violating probation.
According to the Idaho Department of Correction, he currently is in prison for
aggravated battery. Jail information collected when he was arrested showed Haver
was 5 feet 5 inches tall, and weighed 145 pounds. Elabed's attorney, Ben
Schwartzman, said Hanni informed prison officials about drug smuggling and rules
infractions by a white supremacist prison gang known as the "Aryan Knights."
Hanni also told officials at the prison that a guard there was possibly involved
with the Aryan Knights group, Schwartzman said. The attorney said Haver has gang
affiliations, and is primarily tied to an organization known as the "SVC," or
"Severely Violent Criminals." He said the two gangs perform "work" - such as
assaults, threats and hits - for one another in Idaho prisons. So, after Hanni
went to prison officials about the Aryan Knights, revenge was carried out. Since
the Aryan Knights didn't have someone in the area where Hanni was being housed,
Haver was called on to handle the white supremacists' work.
December 2, 2010 Fox 12
Surveillance video of the beating of an Idaho Correctional Center inmate, while
guards look on has gotten national attention. Now one man says this isn't the
first time something like this has happened. The President of the Private
Corrections Institute, a non profit that opposes private prisons, Alex Friedmann,
says the prison's operator, Corrections Corporation of America, is not only the
largest private prison company, they're the most sued. In fact back in the early
1990's he was a prisoner at a Corrections Corporation prison, not located here
Idaho. He says he too was mistreated and endangered while held by them. "I was
retaliated against by CCA officials and took them to court and obtained a
federal jury award against a former CCA Unit Manager for threatening to have
other prisoners assault me for filing complaints against CCA," explained
Friedmann. Friedmann has since turned his life around and has even testified
before congress on the issue of private prisons. When CCA issued a statement
calling the surveillance video an unnecessary security risk to staff and
inmates, he felt he had to speak out. "I've watched the video myself and the
only unnecessary risk it poses is to CCA's liability in prisoner assault cases
and the notion CCA's employees are corrections professionals." The beating has
prompted a federal class-action lawsuit by the American Civil Liberties Union
and now the Department of Justice is looking into the conduct of CCA prison
staff.
November 30, 2010 Courier-Journal
The surveillance video from the overhead cameras shows Hanni Elabed being beaten
by a fellow inmate in an Idaho prison, managing to bang on a prison guard
station window, pleading for help. Behind the glass, correctional officers look
on, but no one intervenes when Elabed is knocked unconscious. No one steps into
the cellblock when the attacker sits down to rest, and no one stops him when he
resumes the beating. Videos of the attack obtained by The Associated Press show
officers watching the beating for several minutes. The footage is a key piece of
evidence for critics who claim the privately run Idaho Correctional Center uses
inmate-on-inmate violence to force prisoners to snitch on their cellmates or
risk being moved to extremely violent units. On Tuesday, hours after the AP
published the video, the top federal prosecutor in Idaho told the AP that the
FBI has launched a civil rights investigation of the staff at the prison, which
is run by the Corrections Corporation of America. The investigation covers
multiple assaults between inmates, including the attack on Elabed, U.S. Attorney
Wendy Olson said. A message left by the AP seeking CCA's reaction to the FBI
probe was not immediately returned. Lawsuits from inmates contend the company
denies prisoners medical treatment as a way of covering up the assaults. They
have dubbed the Idaho lockup “gladiator school” because it is so violent.
November 30, 2010 AP
The surveillance video from the overhead cameras shows Hanni Elabed being beaten
by a fellow inmate in an Idaho prison, managing to bang on a prison guard
station window, pleading for help. Behind the glass, correctional officers look
on, but no one intervenes when Elabed was knocked unconscious. No one steps into
the cellblock when the attacker sits down to rest, and no one stops him when he
resumes the beating. Videos of the attack obtained by The Associated Press show
officers watching the beating for several minutes. The footage is a key piece of
evidence for critics who claim the privately run Idaho Correctional Center uses
inmate-on-inmate violence to force prisoners to snitch on their cellmates or
risk being moved to extremely violent units. Lawsuits from inmates contend the
company that runs the prison, the Corrections Corporation of America, denies
prisoners medical treatment as a way of covering up the assaults. They have
dubbed the Idaho lockup "gladiator school" because it is so violent. The AP
initially sought a copy of the videos from state court, but Idaho 4th District
Judge Patrick Owen denied that request. The AP decided to publish the videos
after a person familiar with the case verified their authenticity. The videos
show at least three guards watching as Elabed was stomped on a dozen times. At
no time during the recorded sequence did anyone try to pull away James Haver, a
short, slight man. About two minutes after Haver stopped the beating of his own
accord, the metal cellblock door was unlocked. Haver was handcuffed and Elabed
was examined for signs of life. He bled inside his skull and would spend three
days in a coma. CCA, the nation's largest private prison company, said it was
"highly disappointed and deeply concerned" over AP's decision to release the
videos. "Public release of the video poses an unnecessary security risk to our
staff, the inmates entrusted to our care, and ultimately to the public," the
prison company said in a statement. CCA, which oversees some 75,000 inmates in
more than 60 facilities under contracts with the federal government, 19 states
and the District of Columbia, has faced allegations of abuse by guards
elsewhere. A year ago, CCA and another company, Dominion Correctional Services
LLC, agreed to pay $1.3 million to settle a lawsuit in which the Equal
Opportunity Employment Commission claimed male officers at a prison in Colorado
forced female workers to perform sex acts to keep their jobs. In January,
Kentucky Gov. Steve Beshear ordered some 400 female inmates transferred to a
state-run prison after more than a dozen reports of sexual misconduct by male
guards employed by CCA. Similar accusations were made in March at a CCA-run
prison in Hawaii, and in May, agents with Immigration and Customs Enforcement
placed CCA on probation and launched an investigation of whether a guard at a
central Texas detention facility sexually assaulted women on their way to being
deported. Before the Idaho attack, Elabed tried to get help from prison
staffers, telling them that he had been threatened and giving them details about
drug trafficking between inmates and staffers that he had witnessed, according
to his lawsuit. He was put in solitary confinement for his protection but was
later returned to the same unit with the inmates he snitched on, his lawsuit
said. He was on the cellblock only six minutes before he was attacked. Steven
Pevar, an attorney for the American Civil Liberties Union, said in 34 years of
suing more than 100 prisons and jails, the Idaho lockup is the most violent he
has seen. "This isn't even what we know of as a prison - this is a gulag," Pevar
said. Pevar blames the violence on CCA and the former warden, Phillip Valdez,
who was head of the prison when Elabed was attacked. Valdez was later
transferred to another CCA prison in Kansas. The company refused to disclose its
reason for moving him. CCA officials maintain the prison is safe and run
according to state and federal standards. But at least some of those standards
appear to be violated in the video - including a requirement that emergency care
arrive within four minutes of a disturbance. It took medical workers nearly six
minutes to get to Elabed - a delay that can be life-threatening in serious
injuries, according to state prisons officials. "Nurses and medical
professionals believe you need to get a heart beating and breathing started
within four minutes or the person's going to die," Idaho Department of
Correction spokesman Jeff Ray said. CCA spokesman Steven Owen said employees
receive training and supervision designed to protect both themselves and the
inmates. "As Mr. Haver's wanton attack illustrates, correctional and medical
personnel must often respond to render aid in dangerous situations, not knowing
the extent of the risk they may face when they do," Owen said. Owen also
condemned the attack and said the surveillance videos were key to Haver's guilty
plea in the beating. CCA was unable to answer additional questions surrounding
the circumstances of the attack due to pending litigation, he said. Elabed's
family learned through medical records that CCA officials pulled him out of the
hospital before he could get significant treatment and against his doctor's
advice, in order to treat him at the cheaper in-prison facility, the family
said. Elabed, who was originally sentenced to two to 12 years for robbery, was
ultimately released on a medical parole because he was too badly injured to be
cared for in prison. A slew of federal lawsuits detail beatings behind prison
walls and long waits for medical care at CCA-run prisons in Idaho. Inmate Todd
Butters said in his lawsuit he was denied X-rays after he was severely beaten by
gang members on his cellblock for refusing to pay $5 a week in "rent." The Idaho
Supreme Court threw out the case after finding Butters didn't take the necessary
steps to try to solve the problem with prison officials before suing. In another
attack, inmate Daniel Dixon said he was denied X-rays and a doctor's visit after
he claimed other inmates beat him until he had broken ribs and facial bones and
other injuries. State officials have long been aware of allegations of
mistreatment and poor management at the Idaho Correctional Center, the state's
largest prison. A review of hundreds of public records by AP found in 2008 that
ICC had a violence rate three times as high as other Idaho prisons. The AP found
in a follow-up investigation that ICC had only marginally improved its violence
rate and that inspectors were still finding rampant gang violence and extortion.
State auditors have also found widespread problems keeping medical charts
updated, excessive wait times for medical care and other problems with
treatment. Even though Idaho Department of Correction officials have increased
oversight and top department leaders have spoken out about their concern over
the medical issues, state lawmakers have renewed the company's
multimillion-dollar contract with Nashville, Tenn.-based CCA and added 600 beds
to the prison. Idaho Department of Correction Director Brent Reinke said in a
statement that he couldn't talk about the video because of pending litigation,
but said the eight state-run prisons his agency operates are among the safest
and most efficient in the country. Reinke also said his department began beefing
up oversight at the private prison three years ago. "The Board of Correction
acknowledges that when you put a group of people who have a history of criminal
behavior together in one place, it is likely you will have problems. But that
doesn't mean we should tolerate them," Reinke wrote. Today, the 24-year-old
Elabed isn't able to talk much about the assault. He has brain damage and
persistent short-term memory loss. "It's almost like Hanni's autistic after
this. I feel like I'm talking to someone who's 12 or 13 years old," said his
brother, Zahe Elabed. Elabed's attorney, Ben Schwartzman, said the footage is
tough to forget. "Guard intervention was appropriate and could have happened in
a way that would not have put the guards in danger of their personal safety,"
Schwartzman said. "They were spectators ... and that seems to indicate a level
of callousness that I find shocking. It's an embarrassment to the institution
and to the individuals."
November 13, 2010 AP
The civil case was filed last year against the Corrections Corporation of
America, or CCA, by inmate Marlin Riggs, who several years ago was badly beaten
in his cell in Idaho’s only private prison and suffered permanent facial
deformities. The affidavits support many of the allegations aimed at CCA and the
way it runs the Idaho Correctional Center, or ICC. All three former guards
agreed the prison — commonly referred to as “Gladiator School” — is understaffed
and excessively violent. They say the staff lacked adequate training and
equipment, was overworked and encouraged by administrators to disregard and
undermine the safety of inmates and underreported the number of assaults between
prisoners. For example, guards would assign inmates they knew or suspected of
being assault targets in cells or housing units populated by potential
assailants, or put sex offenders or homosexual inmates in pods controlled by
gangs whose members preyed on those inmates, according to the former employees.
Guards also allegedly laughed about sex offenders and gay prisoners getting
beaten and suggested they deserved the abuse. “I am aware of numerous instances
when staff at ICC failed to protect prisoners from an assault they knew was
likely to occur, and these assaults could have and should have been prevented,”
Sheri Hunsaker, an employee at ICC from 2003-2009, said in her affidavit. “Some
of the main causes of prisoner violence at ICC are understaffing ... and a
culture of laziness and lack of concern by staff for prisoner safety.” Hunsaker,
44, was initially hired as a guard, but was later promoted to case manager
before being fired in May 2009. Sworn affidavits were also provided by Tammy
McCall, 45, who worked at ICC for two years and was fired in 2008, and Todd
Goertzen, 43, a guard at the prison south of Boise from 2007 to 2009. Hunsaker
and McCall told The Associated Press they are cooperating with Riggs and his
lawyers from the American Civil Liberties Union out of concern for colleagues
who still work at the prison and are subject almost daily to violent
inmate-on-inmate assaults. “I’m worried about them getting hurt,” Hunsaker said.
“It’s not fair what they’re being asked to do out there.” Nashville,
Tenn.,-based CCA is defending itself in several lawsuits filed by inmates who
were severely beaten in violence at its Idaho prison. Riggs and the ACLU are
suing for $155 million in damages — CCA’s entire net profit for 2009. This week,
inmate Brian Robert Spaude filed a lawsuit accusing ICC prison staff of
dereliction of duty leading to his November 2009 assault in the prison’s dining
hall. In another federal case, attorneys of former inmate Hanni Elabed are in
talks to settle their claim. Elabed suffered brain damage after he was beaten by
another inmate for several minutes while multiple guards watched and failed to
intervene. The company, which manages about 75,000 inmates in 64 facilities in
19 states and the District of Columbia, contends prisoner safety is its top
priority and works closely with Idaho officials to meet standards. Spokesman
Steven Owen declined to comment specifically on the affidavits from the
company’s former employees, saying lawyers would respond in court.
November 12,
2010 AP
Three former employees at Idaho's only private prison say staff routinely
failed to protect inmates, and in some cases put inmates in situations knowing
they'd be beaten by others. The statements from the former Idaho Correctional
Center guards are in affidavits filed in a federal lawsuit against the prison's
operator, Corrections Corporation of America. The lawsuit was filed against CCA
last year by inmate Marlin Riggs, who was badly beaten in his cell. The three
former employees claim the prison is understaffed, and steeped in a culture of
laziness and lack of concern for inmate welfare. They say staff at the prison,
referred to as "Gladiator School," frequently assigned inmates to cell blocks
knowing they'd likely be beaten. CCA has denied the allegations in the lawsuit
and is asking a judge to dismiss it.
August 31, 2010 The Spokesman-Review
Traces of the E. coli bacteria have been found in the water supply at the
Idaho Correctional Center south of Boise. ICC says they’re boiling water that
will be used for drinking and cooking. So far, there have been no reported
illnesses among staff or inmates. No other businesses or homes are supplied with
water from the same source.
August 4, 2010 AP
A private prison company is asking a federal judge to throw out a lawsuit over
prison violence in Idaho, saying the inmates didn't try to solve their problems
through a grievance process first. The Nashville, Tenn.-based Corrections
Corporation of America told U.S. District Judge B. Lynn Winmill on Wednesday
that the inmates at the Idaho Correctional Center didn't go through
administrative channels, so they should be barred from suing the company. The
American Civil Liberties Union, which is representing the inmates, says the
prisoners took all the necessary steps and CCA still failed to fix the problems.
The inmates say the Boise lockup is so violent that it's known as "gladiator
school" and prison workers use inmate-on-inmate violence as a management tool.
The judge says he plans to rule in the next few weeks.
August 4, 2010
Boise Weekly
Over at the U.S. Courthouse, a hearing is set in the case alleging violence at
the Idaho Correctional Center, south of Boise. U.S. District Judge Lynn Winmill
could decide whether to make the lawsuit a class-action case. It now involves
about two dozen inmates, but filings indicate that more than 50 additional
inmates have asked to take part. The ACLU sued the Corrections Corporation of
America, operators of the prison, saying the facility was so violent that
inmates referred to it as a "gladiator school."
July 8, 2010 AP
A major private prison company has acknowledged that its guards watched as an
Idaho inmate was beaten, but company attorneys say Corrections Corporation of
America isn't to blame for any injuries the man suffered. The statements came in
a response to a lawsuit filed by former inmate Hanni Elabed, who contends he was
severely beaten by another inmate while guards at the CCA-run Idaho Correctional
Center watched and failed to intervene. Elabed's attorneys say the assault left
him with brain damage. Although CCA attorneys say several guards did watch the
assault on video monitors, the company denies that the guards watched
"passively." Rather, CCA says the guards ordered inmates in the housing unit
where Elabed was being assaulted to return to their bunks, and most complied,
according to CCA's answer to the lawsuit. The main door to the unit was opened
once the Emergency Response Team arrived — a group of guards specially trained
to handle assaults and other prison emergencies. CCA's answer to the lawsuit
doesn't say just how long it took for the Emergency Response Team to arrive at
the housing unit. Attorneys for the Nashville, Tenn.-based CCA and Elabed didn't
immediately return phone calls from The Associated Press. In the lawsuit filed
in April, Elabed's attorneys describe a harrowing assault in which an inmate who
was a member of a white supremacist gang beat Elabed, who is Muslim and of
Palestinian descent. The lawsuit says Elabed told guards and family members that
he was being harassed and threatened by the gang before the attack, prompting
prison staffers to move him to administrative segregation for several days. It
was when the guards decided to move Elabed back to his cellblock on Jan. 18 when
the assault occurred, according to the lawsuit. Within minutes and within the
view of several guards standing by a window, Elabed's attorneys say, he was
attacked by another inmate. Elabed was knocked to the floor, kicked and stomped
in the head for so long that his attacker paused to get a drink of water and
catch his breath, according to the lawsuit, before resuming the attack. Elabed's
attorneys say that during that break Elabed pleaded with the guards to intervene
to no avail. They contend the attack didn't end until he was unconscious and
convulsing in a pool of blood. In their answer to the lawsuit, CCA attorneys
acknowledge that Elabed was knocked to the floor, stomped and that his attacker
took a drink at a drinking fountain before renewing the assault. They also say
Elabed was taken to a local hospital where he was treated for a closed head
injury, and that he was readmitted at the hospital a few days later for
follow-up care. CCA denies Elabed's claims that he was left largely without
medical care after he was returned to the Idaho Correctional Center. The company
also denies that its employees were negligent in any way. CCA also offered
several affirmative defenses — a legal move that essentially says if the facts
as alleged by Elabed are found to be true, CCA still isn't to blame. Among the
defenses offered by CCA attorneys are contentions that Elabed put himself at
risk through no fault of the private prison company, that Elabed is wholly or at
least partially to blame for his injuries, and that CCA was neither reckless or
callously indifferent to Elabed's rights and that it wasn't motivated by any
evil intent.
July 7, 2010 KTVB
A major private prison company has acknowledged its guards watched as an Idaho
inmate was beaten, but company attorneys say Corrections Corporation of America
isn't to blame for any injuries the man suffered. The statements came in a
response to a lawsuit filed by former inmate Hanni Elabed, who contends he was
severely beaten by another inmate while watching guards at the CCA-run Idaho
Correctional Center failed to intervene. Although CCA attorneys say several
guards did watch the assault on video monitors, the company denies that they
watched "passively." Rather, CCA says the guards ordered the inmates to return
to their bunks. The unit's main door was opened once the Emergency Response Team
arrived -- employees trained to handle assaults and other prison emergencies.
CCA's answer to the lawsuit doesn't say just how long it took for the Emergency
Response Team to arrive.
June 11, 2010 AP
A private prison company being sued by the American Civil Liberties Union amid
allegations of extreme violence at an Idaho lockup has shuffled Idaho's ousted
warden and assistant warden to top posts at federal prisons in Kansas and
Nevada. Phillip Valdez, the former warden at the 2,104-bed Idaho Correctional
Center near Boise, has been named assistant warden at the Leavenworth Detention
Center, a prison CCA runs for the U.S. Marshals Service in Leavenworth, Kan. The
company didn't have any open warden positions, so Valdez opted to take the
assistant warden spot at the 1,033-bed Kansas prison rather than leave the
company, said Corrections Corporation of America spokesman Steve Owens. ICC's
former assistant warden, Dan Prado, has been named assistant warden at the new
Nevada Southern Detention Center, a 1,072-bed facility currently being built at
Pahrump, Nev., for the Office of Federal Detention Trustee, an agency under the
U.S. Department of Justice. Neither Valdez nor Prado could be reached by The
Associated Press. CCA announced that Valdez and Prado would no longer be leading
the Idaho prison after the $155 million lawsuit was filed earlier this year. The
ACLU and inmates at the prison are asking for class-action status, contending
the prison is so violent that it's been dubbed "gladiator school" by prisoners
and that guards expose inmates to beatings from other prisoners as a management
tool. The lawsuit also contends CCA has denied adequate medical care to injured
inmates as a way to reduce the appearance of injuries. Chief Deputy U.S. Marshal
Daryl Ingermanson in Topeka, Kansas, had not yet learned of Valdez' appointment
when contacted by The Associated Press. But he said the contract between the
U.S. Marshals Service and CCA doesn't give the federal agency any control over
who CCA hires to run the Leavenworth Detention Center, as long as that person
passes a full background check. Ingermanson also said the agency has not had any
problems with the way CCA runs the Leavenworth lockup. "It has always been a
very professional facility here. We've not had any issues that have been
unresolved so far - we just have the typical complaints from the inmates, but
we've gone up and done our own independent investigations and everything we've
found, other than just some minor stuff, is unfounded," Ingermanson said. "Any
issues I've ever had and addressed with them up there, they've answered them
right away." Charles Miller, spokesman with the U.S. Department of Justice, said
CCA's contract with the Office of Federal Detention Trustee also doesn't allow
the government to reject CCA's employees, as long as they pass FBI background
checks. Idaho's contract with CCA does allow the Idaho Department of Corrections
to call for a new warden and to approve of the people placed in top posts at the
Idaho Correctional Center. However, that isn't what happened when Valdez and
Prado were removed from their posts in March, according to a statement from CCA
released at the time. "With the support of the Idaho Department of Correction,
CCA has initiated a management change at the Idaho Correctional Center which
will result in the assignment of a new warden and assistant warden," the
statement read. The state has found several problems at the Idaho Correctional
Center since the ACLU lawsuit was filed in January. An audit of medical services
at the prison that started in February found that CCA had a host of problems
administering medical care at the prison, including inadequate records, delays
in providing medications and a lack of follow-up when prisoners are returned to
the lockup after being hospitalized. Idaho also began fining CCA more than
$2,600 a day in May after learning that 10 of the 13 drug and alcohol counselors
at the prison aren't qualified to provide treatment under CCA's contract with
the state.
June 3, 2010 AP
The American Civil Liberties Union has reached a settlement with the Idaho
Department of Correction in a lawsuit over violence at a privately run prison
near Boise. The ACLU filed the lawsuit against Corrections Corporation of
America and the state earlier this year, saying the Idaho Correctional Center is
so violent that inmates refer to it as "gladiator school" and that guards
deliberately expose prisoners to brutal beatings from other inmates. The ACLU's
lawsuit against CCA still stands. CCA has said the prison meets the highest
professional standards. Under the agreement, the Idaho Department of Correction
agrees to oversee compliance with any orders a federal judge makes against CCA
in connection with the lawsuit.
June 2, 2010 Boise Weekly
Continued beat downs of inmates at the privately run Idaho Correctional Center
have drawn a response from the Idaho Department of Correction, which is now
demanding beefed up security to protect inmates from violence. The prison, which
is also mired in a pending class-action prisoner civil rights lawsuit, reported
a reduction in assaults in March, but increased violent incidents in April and
May, earning a rebuke from IDOC. "We are seeing an increase in the number of
incidents and violence at the Idaho Correctional Center," Idaho prison chief
Brent Reinke wrote in a May 26 letter that Boise Weekly obtained through a
public records request. "During the month of April, six incidents were reported.
Since the beginning of May, there have been 11 reported incidents." Reinke wrote
to Steven Conroy, vice president of Corrections Corporation of America, the
Nashville, Tenn.-based company that runs ICC, demanding that the company better
control the movement of inmates with a "lock-in, lock-out" protocol and make it
a permanent part of operations. Lock-in, lock-out requires prison officials to
keep cell doors closed when inmates are in common areas to prevent them from
wandering unobserved into or out of cells. As of May 29, ICC was in total lock
down because of a chicken pox outbreak. ICC spokesperson Linda Sevison said the
company does not discuss security procedures but that IDOC had given them
permission to use lock-in, lock-out in March. Sevison had not seen the May 26
letter. The IDOC letter was sent the same week that another ICC inmate was taken
to the hospital twice with serious head injuries. On May 19, an inmate with golf
ball-sized lumps on his temple and the side of his head acknowledged he'd been
assaulted on T-Pod and was taken to St. Luke's Regional Medical Center for
emergency cranial surgery, according to ICC incident reports obtained by Boise
Weekly. Three days later, ICC sent him to St. Alphonsus Regional Medical Center
for further evaluation. The Ada County Sheriff's Office is investigating the
incident and charges are pending. The sheriff's office is also investigating an
assault on May 24 when two inmates beat another inmate with a radio. On the day
after Reinke sent the letter, a fight erupted during breakfast when an inmate
threw milk and a food tray at another inmate. Other incidents reported in April
and May include sharpened metal weapons found in the showers, a missing two-way
radio, multiple fights, confiscated marijuana and homemade alcohol, and several
uses of pepper spray against inmates. After the American Civil Liberties Union
filed a federal prisoner civil rights action against ICC and IDOC in March,
alleging that guards at ICC allowed--and even encouraged--a culture of rampant
violence among inmates, CCA replaced the warden and deputy warden at its Idaho
facility, which is the largest prison in Idaho. According to Reinke's May
letter, interim warden Timothy Wengler--recently named permanent warden at
ICC--implemented lock-in, lock-out when he took over in March. The result was a
marked decrease in assaults at the prison. At an April 1 meeting, Wengler told
IDOC that he planned to ease the lock-in, lock-out protocol, "as housing units
calmed down," and said that if he saw an increase in assaults he would re-impose
the stricter standard. But as the number of assaults rose in April and May, the
looser security standard remained in place. The ACLU lawsuit details 23 assaults
that attorneys claim were preventable and alleges that ICC was so violent that
inmates call the prison "gladiator school." IDOC and CCA filed motions at the
end of May to dismiss the lawsuit because plaintiffs did not exhaust the
grievance procedure first and argued the grievances they did file do not relate
to the complaints in the lawsuit. The Prison Litigation Reform Act, which became
law in 1996, requires inmates to exhaust their prison's specific grievance
procedure before filing a lawsuit. Stephen Pevar, the lead ACLU attorney in the
ICC lawsuit, said that prisons have benefitted immensely from the PLRA by having
the vast majority of lawsuits dropped for failure to exhaust the grievance
process first. "They've literally profited by the PLRA, and they've had very
little financial incentive to do the right thing," Pevar said, naming a
half-dozen Idaho inmates whose lawsuits were recently dropped for failure to
exhaust. Pevar said they believe all named plaintiffs did follow administrative
procedures prior to signing on with the class action lawsuit.
June 1, 2010
AP
The state is ordering private prison company Correction Corporation of America
to pay thousands of dollars and fix problems with drug and alcohol treatment and
medical care at the Idaho Correctional Center. Ten of 13 drug and alcohol
counselors at the prison near Boise aren't qualified to provide treatment under
CCA's contract with the state, according to records obtained by The Associated
Press. Additionally, a medical audit by Idaho Department of Correction officials
earlier this year shows the private prison has extensive problems administering
medical care, including inadequate records; delays in providing medications,
immunizations and mental health care; and a lack of follow-up or oversight when
inmates are returned to the lockup after being hospitalized. The state ordered
CCA to provide it with a plan to fix the medical care problems by May 25, but
the company has already missed that deadline. Idaho is also imposing liquidated
damages against CCA for violating its state contract by failing to have
qualified drug and alcohol counselors. The damages rack up at a rate of more
than $2,600 a day; so far, CCA owes the state more than $40,000 for the
violations. "We're very concerned," said Rona Siegert, director of Idaho
Department of Correction Health Services. "That's the whole purpose of the
audit, to find these things before they get to a level where they're critical."
Nashville, Tenn.-based CCA responded to questions about the problems through a
prepared statement. "Regarding the findings of recent medical audits completed
by the Idaho Department of Corrections at Idaho Correctional Center, we
acknowledge and share the concerns of our government partner and take them
seriously. While the identified issues are not at a critical stage, we are
working actively and deliberately to quickly and effectively resolve them," the
company said. CCA also said it is trying to hire qualified staffers for its drug
and alcohol rehabilitation program. "Our efforts to recruit qualified and
credentialed addiction, alcohol and drug professionals from the available pool
of local candidates continue. We are confident that these efforts will result in
our company being in compliance in the near term with a fully credentialed
Therapeutic Community staff, as local qualified professionals seek employment
opportunities." Company officials also said several staff members are set to
undergo certification testing in the coming months. But Natalie Warner, the
Idaho Department of Correction's contract administrator and quality assurance
manager, said that under the schedule CCA provided for its current employees,
the last of the certifications won't be completed until June 2011. Meanwhile,
CCA will have racked up more than $100,000 in liquidated damages. In an April
letter informing the private prison company of the issues, Idaho Department of
Administration purchasing officer Jason Urquhart said the Correction Department
feared that the drug and alcohol program violations could increase costs for the
state. Offenders often are required to complete the Therapeutic Community
program to be released, so if the program's integrity is compromised, offenders
may have to stay in prison longer, increasing costs to the state, Urquhart
wrote. He went on to say that the parole commission could require offenders to
take part in drug and alcohol programs at other prisons — also increasing costs.
The medical audits, completed between February and April, suggest that in many
cases, inmates are going without adequate care, Siegert said. Still, Siegert
said the Correction Department didn't know of any inmates who had suffered
injury or harm because of the violations. Among other problems found in the
audits, inmates in the prison's infirmary were sometimes left alone, without any
working pager or call-light system to call a nurse or doctor in an emergency.
They also were going too long between medical checks by nursing staff, according
to the records. "Our requirement is that a provider makes the rounds every day
to see if they're getting better or getting worse, what their vital signs are,"
Siegert said. Medical test results also languished unread for too long, raising
the possibility that serious medical problems weren't being addressed right
away, Siegert said. If the company doesn't repair or adequately explain the
audit findings, Idaho can impose liquidated damages for those violations as
well. "It's going to stay on our radar and we're going to continue watching it
very closely," Warner said.
May 30, 2010 KTVB
Chickenpox forced the Idaho Correctional Center to bar visitors and confine
inmates to their housing areas Saturday. Two confirmed cases of chickenpox were
reported at the Idaho Correctional Center after cultures were taken and sent to
Saint Alphonsus Regional Medical Center for testing. Medical staff contacted the
Health Department and the Idaho Department of Correction to ensure precautions
are taken to contain the spread of the illness. The affected inmates have been
isolated and are being monitored by medical staff. Inmates are being restricted
to their housing areas and visitation has been cancelled until further notice
due to the highly contagious nature of the disease.
April 29, 2010 AP
A prison violence lawsuit brought by 24 inmates at Idaho’s only private prison
against Corrections Corporation of America can move forward in court, despite
objections from the company, a federal judge said. U.S. District Judge B. Lynn
Winmill said in a ruling handed down Wednesday that he could find no reason to
prevent former Idaho Correctional Center inmate Marlin Riggs and his attorneys
from modifying their lawsuit to seek class-action status and add additional
plaintiffs. Inmates have said the prison is so violent that it’s known as
“gladiator school” and that guards deliberately expose prisoners to brutal
beatings from other inmates, then deny them adequate medical care in an attempt
to cover up the extent of inmates’ injuries. Riggs sued the Nashville, Tenn.,
company last year. After the case was filed, the ACLU agreed to represent Riggs
and filed an amended complaint in March, adding nearly two dozen other inmates
and asking for class action status. But Corrections Corporation of America asked
the federal court to reject the amended lawsuit, saying Riggs had overstepped
the limits set by the court when it agreed to appoint him attorneys to help him
on the case. The company also contended that the changes to the lawsuit made it
unduly prejudicial, putting CCA at an unfair disadvantage in court. Winmill said
that wasn’t the case. In fact, Winmill wrote, amending the case to include other
inmates was a more efficient way to deal with the claims rather than bringing 24
or more individual lawsuits. The lawsuit asks that Riggs be awarded $155 million
in damages — the entire net profit of the Corrections Corporation of America for
2009. Riggs and the rest of the inmates are also seeking injunctive damages,
asking the court to declare that the private prison company, and state prison
officials have violated and ignored their duties to protect the inmates from
unnecessary and preventable assaults. The inmates also want the judge to order
the company to take reasonable steps to ensure that prisoners at ICC will be
protected from assaults by other inmates, to increase training, oversight and
investigations into assaults, and to take other measures to improve management
practices at the prison.
April 27, 2010 AP
A former inmate is suing a private prison company, saying guards watched as he
was beaten by a fellow inmate in an attack that went on so long his assailant
had time to stop and drink some water before continuing. Attorneys for Hanni
Elabed filed the lawsuit against the Correction Corporation of America in
Boise's U.S. District Court late last week, saying their client was left brain
damaged and may never fully recover from the assault at the Idaho Correctional
Center near Boise. Elabed is asking for punitive damages and compensation in an
amount to be proven in court. Steven Owens, the public affairs director for CCA,
said the Nashville, Tenn.-based company doesn't comment on lawsuits other than
through court filings. According to the lawsuit, Elabed was serving time on a
robbery conviction when he was beaten. His attorneys said at least three guards
and another ICC staffer watched while he was stomped and kicked, and that they
failed to intervene even when his attacker stopped for several minutes to get a
drink and catch his breath. The lawsuit echoes complaints lodged in other recent
lawsuits against the company in which other Idaho inmates allege they were
knowingly exposed to violence from other inmates and then denied proper medical
care in an effort to cover up the extent of their injuries. Elabed's case,
however, details what may be the most extreme allegations yet to come out of the
state's only private prison. Elabed was 24 in 2008 and addicted to Oxycontin,
when he pleaded guilty to robbery and was sentenced to two to 12 years in
prison. He was transferred to the Idaho Correctional Center, where Elabed, who
is Muslim and of Palestinian decent, told his family he was being harassed by
inmates - including his cellmate - who were members of a white supremacist gang.
The lawsuit said the harassment escalated until his cellmate attacked Elabed and
broke his jawbone. After that attack, Elabed was moved to another cellblock
within the prison where he said the gang abused and threatened him. The lawsuit
said he tried to get help from prison staffers, telling them that he'd been
threatened and giving them details about drug trafficking between inmates and
staffers that he had witnessed. That prompted ICC officials to move Elabed to
administrative segregation for several days, according to the lawsuit, before
moving him back into the same cellblock. Just before the move, Elabed told his
parents that he believed several guards were planning to tell the other inmates
that he had identified them as drug traffickers. He was moved into the cellblock
on Jan. 18 and within minutes of his arrival, he was attacked by one of the gang
members "in plain view of video surveillance cameras and multiple ICC staff who
passively observed from behind a window," Elabed's attorney, Benjamin
Schwartzman, wrote. The guards ordered all the inmates to their rooms, according
to the lawsuit, leaving only Elabed and his assailant in the main area. His
attorney said the attacker then knocked Elabed to the floor and stomped on his
head. He described the blows as "delivered with such ferocity and energy that
the attacking gang member was forced to catch his breath and refresh himself at
a drinking fountain, afterward." Elabed claimed that during the break, he
managed to get up and pleaded with guards who continued to watch as his
assailant resumed the attack. The beating didn't end until he was unconscious
and convulsing in a pool of blood, the lawsuit said. Elabed's attorney said
staffers had an ambulance take Elabed to a local hospital, where he was
diagnosed with traumatic subarachnoid brain hemorrhage. They prevented the
hospital from taking any pictures of Elabed's injuries, the lawsuit said, and
removed him after he was stabilized in an overnight stay. His attorney said
Elabed was returned to the hospital three days later after he was not given
treatment at the prison. Elabed later was given a medical parole, his attorney
said. His attorney added that since the beating, his client gets confused
easily, jumps at loud noises and can't keep his attention focused. He soothes
himself by rocking and rubbing his arms, and has significant mental impairment,
Schwartzman said. "We know that he was normal before. He was no honor student,
but he could hold down a job. Now he gets confused trying to put his own clothes
away ...," Schwartzman said. The case is complicated in part because Elabed lost
his memory of the beating and the events preceding it, Schwartzman said. His
attorneys have had to rely on witness accounts to determine much of what
happened but they said the stories are consistent. The Ada County prosecutor has
charged James Haver, an inmate serving time for aggravated assault and battery,
with aggravated battery in connection with Elabed's case. A preliminary hearing
for Haver has been set for May.
April 14, 2010 Boise Weekly
Violent beatdowns at the privately run Idaho Correctional Center appear to have
subsided in recent weeks, in the wake of a class-action lawsuit against the
prison and shakeup of prison leadership, according to documents obtained by
Boise Weekly. The prison reported 17 inmate-on-inmate assaults in January and 15
in February, according to a tally of incident reports filed with the Idaho
Department of Correction. But there were only nine assaults reported in March
and only four since warden Phillip Valdez and assistant warden Daniel Prado were
replaced on March 17. A spokesman for Corrections Corporation of America, the
Nashville, Tenn.-based company that manages ICC, Idaho's largest prison, has
repeatedly declined to comment on the situation at the prison, citing the
lawsuit. But Idaho lawmakers are troubled by the levels of violence and
accusations in the American Civil Liberties Union lawsuit that assaults at ICC
were perpetrated with the full knowledge of--even collusion by--guards. "If
those things actually happened at ICC, I was not aware of it and I don't think
anybody in the Legislature was aware of it," said Republican Rep. Leon Smith of
Twin Falls, co-chairman of the House Judiciary Committee. "If it's proven that
they did those things, then they are going to pay big penalties." Democratic
Rep. Grant Burgoyne of Boise went even further, likening CCA to the actions of
private military contractors in Iraq. "I believe that it is not appropriate,
when it comes to the incarceration of people, that that be outsourced to a
private contractor," Burgoyne said. "There are certain core government services
that should be carried out by government officials." IDOC carried a bill through
the Idaho Legislature earlier this year that gives IDOC Director Brent Reinke
more authority to quell serious disturbances and riots at the privately run
prison and to quell "affrays and insurrections" as well. Several lawmakers noted
the timing of the bill, which was introduced just before the ACLU lawsuit was
filed, but a spokesman for IDOC said there was no connection. "Our intent with
the new legislation is to give the director statutory authority to intervene and
quell a serious disturbance," said prisons spokesman Jeff Ray. "We can't say
what the legislative intent was when they used the word 'affray.'" An affray is
a fight between two or more people in a public place. Monica Hopkins, executive
director of the ACLU of Idaho, said that the bill is a step in the right
direction, but does not affect the lawsuit. "I think IDOC has stepped up to the
plate and they have known that something is going on out there, because the bill
is bringing them into compliance with what the federal court will already tell
them," she said. The ACLU lawsuit details 23 serious assaults at ICC, going back
to November 2006, all of which, the attorneys allege, were preventable. There
were at least 43 inmate fights at ICC since Jan. 1 of this year, according to
incident reports obtained by Boise Weekly through a public information request
to IDOC. The Ada County Sheriff's Office was called only four times for inmate
battery investigations in that same time period, according to public information
officer Andrea Dearden, though there were other investigations for drugs found
at the prison and for an assault on two staff members. • On Jan. 18, sheriff's
deputies investigated the severe beating of Hanni Elabed, who has filed a
separate, $25 million claim against ICC and the state. The Ada County
Prosecutor's Office intends to file charges against the inmate who beat him,
according to Elabed's brother. • On Jan. 24, prison officials called the
Sheriff's Office, but deputies declined to investigate a battery report from a
fight that may have occurred three days prior. • On Jan. 26, deputies
investigated an assault on two prison staff members and forwarded charges to the
prosecutor. • On March 1, deputies investigated a fight with a weapon--described
by prison officials as a "sharpened edged weapon"--but the weapon was never
recovered. • And on March 10, deputies investigated at least three fights that
broke out in separate areas of the prison simultaneously. Also since Jan. 1, ICC
officials discovered marijuana four times, bags of homemade alcohol in a shower,
meth and at least two shanks. Idaho Gov. C. L. "Butch" Otter, through a
spokesman, declined comment on the ACLU lawsuit, but his attorney, David
Hensley, said Otter and IDOC are concerned about staff and prisoner safety at
ICC, as at any prison. "This situation, like any previous situation, warrants
our concern, and we've been looking at that," Hensley said. In 2007 and 2008,
Otter proposed allowing more privately run prisons to be built in Idaho, but
faced resistance from the Legislature, in part out of concern that out-of-state
inmates would be housed here. Since the privatization bill died in 2008, Idaho's
prison bed shortage has waned. Hundreds of inmates housed in other states have
been returned to Idaho, some now housed in a new wing at ICC. Otter has not
revived the idea of allowing privately owned and run lockups. "The governor has
been looking at cost effective ways to address the trends and recently we have
seen the trends either stagnant or, in the last few months, we've even seen a
decrease," Hensley said. But for Hanni Elabed's family, the lack of transparency
and public oversight at the private prison is inexcusable. Elabed's older
brother, Zahe Elabed, said guards put his brother in a cell with white
supremacists despite threats against his Arab heritage, failed to notify his
parents when he was left convulsing on the floor after being beaten against a
wall and stomped more than 30 times, would not allow family visits or provide
information on his condition over the phone and were rude. "I think they need to
do away with it, I think it's really unfair for any prisoner to be in there
now," Zahe Elabed said. "You have to be a gladiator to survive in there."
March 30, 2010 Boise Weekly
Just days after the American Civil Liberties Union sued the operators of Idaho's
largest prison, the Idaho Correctional Center, an Idaho Falls man who was
savagely beaten and suffered what could be permanent brain damage there notified
the state that he would sue for at least $25 million. According to a tort claim
filed March 16 with the Idaho Secretary of State, guards at the privately run
ICC allowed Hanni Elabed to be severely beaten, "as a form of retribution
connected with his refusal to participate in drug distribution at the ICC ..."
Elabed's attorney, Ben Schwartzman, said that Elabed was asked to distribute
drugs in the prison, refused and reported the incident. "It was at this point
that he was essentially offered to the gangs as a snitch and allowed to be
beaten," Schwartzman said. ICC officials did not return calls seeking comment.
Idaho Department of Correction Director Brent Reinke said he could not address
the pending lawsuit. "We're always concerned about the conditions of confinement
in any of our facilities be they state facilities or contract facilities,"
Reinke said. Elabed's beating is detailed in the ACLU suit, though he is not
named. The ACLU filed a federal claim on March 11 on behalf of six named
inmates, claiming that conditions at ICC are so violent as to violate the
constitutional ban on cruel and unusual punishment. The suit seeks class-action
status for all ICC inmates and punitive damages of $155 million--the 2009 net
income of Corrections Corporation of America, which operates ICC--on behalf of
one inmate. According to the ACLU lawsuit, four guards and a counselor watched
as another prisoner smashed Elabed's head into a wall more than 10 times,
stomped on his head more than 20 times, walked away to get a drink of water and
returned to beat him until he was convulsing on the floor. The incident was
filmed and the Ada County Sheriff's Office has reviewed the tape. Elabed, who
was arrested in 2008 for holding up a pharmacy with a BB gun to obtain Oxycontin,
to which he was addicted, pled guilty to burglary charges and was sentenced to
two years in prison. He is now on medical parole in the care of his family in
Idaho Falls. "He can talk, he can perform some daily activities of life, with
help, in some instances on his own," Schwartzman said. Ada County detectives are
also investigating a series of assaults at ICC that occurred on March 10 and
resulted in at least one inmate being transported to the hospital.
March 17, 2010 AP
The Corrections Corporation of America is replacing the top two officials at
Idaho's only private prison after the American Civil Liberties Union sued over
claims of brutal inmate-on-inmate violence, state corrections officials said
Wednesday. Idaho Department of Correction Director Brent Reinke said in a memo
to department staffers that the company will name a new warden and assistant
warden at the Idaho Correctional Center near Boise. The announcement comes just
days after the ACLU filed a lawsuit asking for class-action status and $155
million in damages, alleging the prison is extremely violent and that guards
deliberately expose inmates to beatings from other prisoners as a management
tool. It names both the company and the state department. In the lawsuit filed
March 11, the ACLU said the prison was so violent it was known as "gladiator
school" among inmates and that guards denied medical care and X-rays to the
injured prisoners as a way to save money and hide the extent of their injuries.
Steve Owen, the prison company's director of public affairs, said former warden
Phillip Valdez and former assistant warden Dan Prado both remain employed with
the company and would be reassigned. He said Timothy Wengler, who has been with
CCA since 1996 and most recently worked as interim warden at the Prairie
Correctional Facility in Appleton, Minn., would serve as interim warden at the
Idaho lockup until a permanent warden is named.
March 12, 2010 AP
A federal lawsuit claims that Nashville-based Corrections Corporation of America
is running an Idaho prison that is so violent it is known as "gladiator school"
by inmates. The American Civil Liberties Union says CCA should have to pay all
of its 2009 net profits — $155 million — in punitive damages. Idaho prison
officials also were named in the suit filed by the ACLU on Thursday in U.S.
District Court in Boise. The suit adds to the considerable controversies CCA has
faced since its founding in 1983. Last year, it was sued by a Metro officer who
was shot by an escapee from a CCA facility; berated for leaving a mentally ill
inmate in his Metro jail cell without a bath for 9 months; and sued by 23 female
inmates who claim they were raped at a Kentucky prison. In 2006 CCA settled a
suit over the death of a Nashville woman who was left in solitary confinement
with massive head injuries. Charges against four guards accused of beating the
woman were dropped. Opponents argue that CCA, the nation's largest private
prison operator, uses its political influence to stifle those who say prisons
should not be in private hands. It recently lost an attempt to keep all its
prison records private when the Tennessee Supreme Court ruled that CCA acts as a
public entity in operating public prisons. The latest lawsuit claims that
Idaho's only private prison is extraordinarily violent, with guards deliberately
exposing inmates to brutal beatings from other prisoners as a management tool.
The group contends the prison then denies injured inmates medical care to save
money and hide the extent of injuries. Steve Owen, Corrections Corporation of
America's director of public affairs, said the company would respond to the
lawsuit through court filings. He said state officials have unfettered access to
the prison and provide strong oversight at the facility, including daily on-site
monitoring. "For the past decade, CCA has safely and securely managed the Idaho
Corrections Center on behalf of our government partner, the Idaho Department of
Corrections," Owen said in a prepared statement. "Our hardworking, professional
staff and management team are held accountable to high standards by our
government partner, to include those of the American Correctional Association —
the highest professional standards in the country for correctional management."
Idaho Department of Correction Director Brent Reinke said he had not seen the
lawsuit and could not comment. Stephen Pevar, senior attorney for the ACLU, said
he has sued at least 100 jails and prisons, but none came close to the level of
violence at Idaho Correctional Center. "Our country should be ashamed to send
human beings to that facility," he said. Suit asks for $155M The ACLU is asking
for class-action status and $155 million in punitive damages — the entire net
profit reported by the company in 2009. The ACLU said the money should go to
lead plaintiff Marlin Riggs, who sustained permanent facial deformities and
other medical problems after he was savagely beaten in his cell. Guards use
violence to control prisoner behavior, forcing inmates to "snitch" on other
inmates under the threat of moving them to the most violent sections of the
prison, ACLU-Idaho Executive Director Monica Hopkins said. Hopkins said inmates
will be beaten by fellow inmates if they become known as snitches. If they
refuse to give up names, the guards will have them beaten anyway, she said. "It
doesn't do us any good as a society to put people in there where they have to
turn to other gangs and become gang members to protect themselves," Hopkins
said. "The thing is, there's a constitutional duty to protect prisoners from
violence at the hands of other prisoners." The lawsuit also refers to an
investigation by The Associated Press based on public records requests that
found the level of violence at the prison was three times higher than at other
Idaho prisons, and that Idaho Department of Correction officials believed
violence was also dramatically underreported by Corrections Corporation of
America and inmates. At the time of that report, Steven Conry, CCA's vice
president of facility operations, maintained the prison was safe and well-run.
March 11, 2010
AP
The American Civil Liberties Union is suing Idaho prison officials and a major
private prison company for more than $155 million over high levels of inmate
violence at the Idaho Correctional Center. The ACLU and the ACLU of Idaho said
they would file the lawsuit against Corrections Corporation of America in
Boise's U.S. District Court on Thursday. In the lawsuit, the ACLU says Idaho's
only private prison is so extraordinarily violent that it's known as "Gladiator
School" among inmates and that guards deliberately expose inmates to brutal
beatings from other prisoners as a management tool. The group contends that the
prison then denies injured inmates X-rays or other medical care to save money
and hide the extent of the injuries.
March 8, 2010 Idaho Reporter
Proposals could help offenders needing treatment, prisons dealing with riots An
Idaho Senate committee approved two proposals from the Idaho Department of
Correction (IDOC) that would give IDOC more authority in dealing with placing
prisoners in substance abuse treatment and quelling riots and other serious
disturbances in private facilities. IDOC director Brent Reinke said the moves
could save Idaho money in prisoner costs and potential lawsuits. The first
proposal would give Idaho courts and IDOC more time to allow inmates to complete
substance abuse treatment rather than serve a full prison sentence. It would
extend the current 180-day period of suspended judgment to 365 days. During that
time, IDOC could place prisoners in programming including substance abuse
treatment that could shorten their overall prison stay. “We are not looking to
do anything but set the stage for better programming for our inmates,” Reinke
said. IDOC currently has one short-term programming option lasting 120 days, but
the department is looking to expand to three options that span from 90 and 270
days. Reinke said having more offenders go through shorter-term programming
rather than serving an entire prison term, which lasts an average of 2.7 years,
means the state could slow its population growth by 400 inmates a year. “If an
inmate goes through this program, he wouldn’t have to do what I’d call ‘hard
time’ in a penitentiary,” said Sen. Les Bock, D-Boise. The second proposal would
allow IDOC to set up procedures for dealing with violent incidents at private
prison facilities, including the Idaho Correctional Center (ICC) in Boise. Those
serious disturbances include riots, escapes, fights, and insurrections. The
legislation would let IDOC renegotiate its contract with the Corrections
Corporation of America, the private company that runs ICC. The legislation would
give Reinke more oversight on private facilities dealing with disturbances and
would allow for employees at private prisons to use extreme and deadly force to
stop incidents. “It wasn’t clear that the department had the authority to
intervene at a private correctional facility,” said Paul Panther, a deputy
attorney general for IDOC. Panther said that CCA has agreed to the legislation.
Reinke said IDOC needs to prepare for emergencies, and that’s it’s only a matter
of time before there are disturbances at Idaho’s private prisons. “We now have
six facilities in the south Boise (ICC) complex and we have many, many gang
members incarcerated in that area,” he said. “That is an area that has us
concerned.” The Senate Judiciary and Rules Committee approved both of Reinke’s
proposals on a unanimous voice vote. Both pieces of legislation now head to the
Senate floor. The suspended judgment legislation is available here and the
disturbances in private prisons legislation is available here.
February 11, 2010 Idaho Press-Tribune
Several inmates housed at the Idaho Correctional Center have recently shown
stomach flu-like symptoms. Inmates complained of sudden onset nausea and
vomiting with low-grade fever, according to officials with CCA, the company that
operates the prison. Cultures were sent to the Idaho Department of Health and
Welfare and to Saint Alphonsus Regional Medical Center for testing, with results
pending. Officials said the prison's medical staff is working closely with
health specialists and the Idaho Department of Correction to ensure all
necessary precautions are being taken to contain the spread of the illness.
Affected inmates are being monitored by medical staff and encouraged to drink
plenty of water in order to avoid dehydration. Staff and inmates are being
reminded of proper hygiene practices, which include frequent handwashing.
July 25, 2009 The Spokesman-Review
A swine flu outbreak at Idaho’s privately operated prison south of Boise has
sickened at least 13 inmates and all visitors or volunteers have been shut out
for at least two weeks. “We went ahead and quarantined all of those inmates,
separated them from the general population,” said Warden Phillip Valdez of the
Idaho Correctional Center, which is operated for the state by Corrections Corp.
of America. CCA first reported to the state Department of Correction that the
H1N1 virus had shown up at its facility around July 14, said Teresa Jones,
department spokeswoman. “At that point, we said, ‘OK, we’ll stop movement and
isolate it,’ ” Jones said. That meant no inmates went in or out for a week, even
if they were scheduled to be transferred elsewhere. Now, however, the entire
private prison has been sanitized and all sick inmates have been quarantined, so
regular inmate movements have resumed, including transfers into the facility.
Valdez said he hopes to allow visitors and volunteers by Friday. “What we wanted
to do was reassure the population that everything was going to be fine. We had
medical personnel on-site, contacts with the health department,” he said. The
warden said he has no idea how the virus got into the prison. According to the
Centers for Disease Control and Prevention, influenza can survive on surfaces
for two to eight hours, spreading the disease. None of the inmates who
contracted it have had complications. All have suffered high fevers that peaked
on the third day, the warden said.
July 16, 2009 KIVI TV
Test results received from cultures sent to the Idaho State laboratory on
Tuesday have confirmed that four inmates housed at the Idaho Correctional Center
south of Boise have contracted the H1N1 (Swine Flu) virus. As a continued
measure to control the spread of infection, prison officials say, access will be
restricted to staff only -- until such time as it is determined that the
possibility of contracting the virus has passed. According to spokeswoman Linda
Sevison, "Per standard protocol, facility management and health services staff
are working closely with the Idaho Department of Health and Human Services and
officials with the Idaho Department of Corrections. Education on proper hygiene
practices will continue for staff and inmates. The medical needs of the affected
inmates are being provided for by facility medical staff." "As part of
precautionary measures," she added, "all transports in and out of the facility
are cancelled. Visitation, which is normally scheduled for Friday, Saturday,
Sunday and Monday, will be cancelled.. No one will be allowed to enter the
facility other than staff who are scheduled to work. Visitors and volunteers
will not be able to access the facility during the lockdown."
July 14, 2009
KIVI TV
Two housing units at the Idaho Correctional Center,
the private prison south of Boise, have been placed on quarantine after a number
of inmates reported to the facility's medical department with flu-type symptoms.
According to ICC spokesperson Linda Sevison, "While inmates are continually
educated regarding proper hygiene, inmates and staff have been provided with
additional educational information to reinforce the steps to prevent the spread
of the infection." She said staff at the Idaho Correctional Center are working
closely with the Idaho Department of Correction to ensure that all necessary
steps are taken to contain the spread of the infection. Inmates housed in the
affected areas are locked down (movement is restricted to within the housing
unit), meals are being delivered to their housing unit, and staff assigned to
work in those housing units are wearing masks as a precaution. Sevison said,
"Cultures have been sent to the state laboratory for testing and takes
approximately 2 to 3 days to receive the results. At this time, the symptoms
have not been confirmed to be any specific type of influenza."
July 11, 2009 KLEW TV
The Idaho Department of Correction (IDOC) announced that it has completed
the transport of 188 inmates from an Oklahoma prison to Idaho, signaling an end
to the department’s four-year practice of renting out-of-state beds to ease
overcrowding. “This is a milestone for the department and something the people
of Idaho can truly celebrate,” said IDOC Director Brent Reinke, in a news
release from the department. “We’re saving taxpayer dollars, and in the long
run, making our communities safer.” IDOC said the return of the inmates is made
possible, in part, by the opening of 628 new beds at Idaho Correctional Center
(ICC). It will cost $40.00 a day to house one inmate at ICC versus $61.53 at
North Fork Correctional Facility (NFCF) in Sayre, Oklahoma. As a result, IDOC
will save $1.4 million in Fiscal Year 2010.
June 22, 2009 AP
Another batch of Idaho prisoners has returned to the state after
spending time in an Oklahoma prison. Officials with the Idaho Department
of Corrections says another 68 inmates have been transferred back to
Idaho from a private prison in Sayre, Okla. Two buses with the prisoners
arrived in Boise Monday. The latest shipment leaves the department with
just 120 inmates housed in out-of-state lockups. Those inmates are
slated to return to Idaho by the end of the summer. Idaho has been
relying on out-of-state prisons in Oklahoma and Texas to house inmates
for several years. But the state has been able to bring many back in the
last year due to a declining prison population and the creation of new
prison beds at the Idaho Correctional Center south of Boise.
May 8, 2009 KBCI
A security officer at the Idaho Correctional Center was hospitalized after an
inmate allegedly beat him. Andrea Dearden, spokesperson for the Ada County
Sheriff's office, says the suspect, Tuan Le, 37, punched the 38-year-old
corrections officer in the face - knocking him to the ground. But the attack
didn't end there, Dearden says. Le allegedly continued to beat the officer for
more than two minutes - kicking and beating the guard around the head. The
officer suffered multiple facial fractures and cuts and will require multiple
surgeries. Le will be charged with aggravated battery on a corrections officer,
which faces a maximum penalty of 30 years. The inmate has been at the
medium-security facility since 2006 and has no history of violence. He's since
been transferred to a maximum security facility with the Idaho Department of
Correction. The Ada County Sheriff's office is investigating the motive of the
attack, which is not known at this time. Inmates in the area were in a lock down
while the investigation was underway. Visitation will continue as normal on
Friday.
April 4, 2009 The Olympian
Despite months of concern from lawmakers and state correction officials, Idaho's
most violent prison hasn't gotten much safer for inmates. A review of hundreds
of documents obtained by The Associated Press through a public records request
shows that despite an investigation by the Idaho Department of Correction and
internal security reviews by Correction Corporation of America completed last
fall, the Idaho Correctional Center has only marginally improved its rate of
inmate-on-inmate assaults. Between September 2007 and August 2008, the prison
averaged just over 9 inmate-on-inmate assaults per month. Between September 2008
and March 2009, the prison averaged just under 9 inmate-on-inmate assaults per
month. The reported violence, gang-related extortion and other problems at the
prison have prompted several federal lawsuits. Meanwhile, construction crews are
putting the final touches on a new unit as Idaho prepares to send 628 more
inmates to the private prison. State officials noted an increasing level of
violence at the Idaho Correctional Center starting in January 2008, the
documents revealed. In August, former Virtual Prison Program Warden Randy Blades
sent a letter to ICC Warden Phillip Valdez outlining what he felt were problems
at the prison. "My concern relates to inmate safety at ICC resulting from the
increased violence in recent months," Blades wrote. Prison officials weren't
fully investigating cases of inmate-on-inmate violence and weren't reporting
major inmate crimes to the Ada County Sheriff's office for investigation and
prosecution, as they should have been, Blades said. ICC officials also failed to
make sure inmates were held accountable for their crimes, at a level appropriate
to the offense. Steven Conry, CCA's vice president of facility operations,
maintains ICC is a safe and well-run prison.
December 5, 2008 AP
An inmate is suing the managers of the state's only private prison,
contending that a high level of violence at the Idaho Correctional Center
amounts to cruel and unusual punishment - a complaint that has been echoed
recently by other inmates and at least partly documented in reports from the
Idaho Department of Correction. The lawsuit, filed by inmate Daniel Dixon in
U.S. District Court, contends that he and other inmates are being preyed upon by
gangs and that correctional officers aren't doing enough to help. He seeks $1
million, segregation of vulnerable inmates and improved training for guards.
Dixon was sent to ICC in 2006 after he was convicted of kidnapping and molesting
a 12-year-old girl on a Coeur d'Alene beach. Dixon was 24 at the time, and
within a week of his arrival, word of Dixon's charges spread throughout the
prison. He was labeled as a "Cho Mo," prison slang for a child molester. "A few
days later the Plaintiff was forced to defend himself against a white
supremacist gang member," Dixon wrote in the lawsuit filed this fall. ICC
officers knew about the fight but did nothing about it, Dixon claimed. Dixon was
moved to another unit in the prison, one that he contends is known for high
levels of skinhead gang activity. Gang leaders in the unit had given other
inmates a "green light" for harming any child molesters, according to the
lawsuit. Dixon told a correctional officer that he feared harm, but the officer
reportedly tried to get Dixon to give him information about the gang activity in
the unit. Dixon refused, saying he feared that would result in him being labeled
a snitch as well as a child molester, placing him at greater risk. Other inmates
were already talking about beating him up, he said. "One even introduced himself
as 'Rapeamo,' then defined himself as, 'The man who rapes child molesters,'"
Dixon wrote in his lawsuit. Dixon was moved to different units around the prison
- sometimes with gang members for cellmates he said. The prison south of Boise
is operated by Correction Corp. of America, based in Nashville, Tenn. The state
says the facility houses medium- and minimum-security inmates. An Associated
Press voice message seeking comment on the lawsuit Friday was not immediately
returned by a CCA spokesman. In December 2007, five gang members ran into
Dixon's cell, locking the door behind them and beating Dixon with combination
locks stuffed inside socks, according to the lawsuit. He was beaten for about
five minutes as he yelled and screamed for help, Dixon said. The beating ended
after he was able to reach the officer call box button in his cell. "But much to
his dismay the officer in the control tower simply unlocked his cell door by
electronic control, leaving the violated, and vulnerable Plaintiff helpless in
the cell ...," Dixon wrote. While the door was unlocked, more gang members ran
into his room with homemade knives, or shanks, and robbed him of his Christmas
commissary package that included roughly $200 of food items, he said. ICC
staffers didn't give Dixon any medical help until a few hours after the beating,
he wrote. Within five days, Dixon was transferred to another prison and given a
single cell. Dixon is asking a judge to award him damages of $1 million, to
order ICC managers to segregate dangerous inmates from vulnerable inmates, and
to order improved training for ICC guards in responding to inmate assaults.
Dixon is also asking that he be allowed to stay in a single cell at the Idaho
State Correctional Institution until he has recovered from the post traumatic
stress syndrome he said he developed after the ICC assaults. Dan Prado, the
assistant warden at ICC, said the prison has "fights just like at the other
facilities. I wouldn't say it's out of the norm." He declined to speak
specifically about the lawsuit. Idaho Department of Correction documents
obtained by The Associated Press through a public records request last month
show that the private prison had three times the number of offender-on-offender
assaults compared to other Idaho prisons between September 2007 and September
2008. "The potential is there in any facility," Prado said. "We have seen a
slight increase and that's just due to the population. I think some of it is
through our reporting procedures - we report everything, even the minor
incidents we have." Dixon's complaint isn't isolated. Gay Maulden, the mother of
another inmate at ICC serving time on an assault and battery charge, said her
son has complained that gang members are routinely and severely beating other
inmates. She asked that his name not be used so that he would not face
reprisals, but she sent his letter to lawmakers across the state. Mark Savage
also contacted lawmakers after his son was beaten by gangs while at ICC. Savage
also asked that his son's name not be revealed, but said he was serving time on
a drug charge and was targeted by white supremacist gangs because he befriended
inmates who weren't white. After two beatings - and complaints from several
family members - Savage's son was transferred to the Idaho State Correctional
Institution, Savage said. "He feels a lot safer at ISCI now, because the
correctional officers there are actually trained and act like real COs. The
private prison, they'll hire people who have no training whatsoever. They don't
know what they are doing," he said. Savage said his son has suffered intestinal
problems since the beatings but hasn't been provided adequate medical care, and
that he is considering suing the state and CCA.
November 11, 2008 AP
Idaho’s only in-state private prison, the Idaho Correctional Center, has a
violence rate that is three times higher than other Idaho prisons, and state
officials say gangs are to blame. Documents from the Idaho Department of
Correction obtained by The Associated Press through a public records request
show that from September 2007 to September 2008, there were 123
offender-on-offender assaults at the prison, which is operated by Correction
Corp. of America near Boise. That compares with 42 assaults during the same
period at the Idaho State Correctional Institute and 31 assaults at the Idaho
Maximum Security Institute. Half all inmate assaults at prisons statewide last
year occurred at ICC, which has a rated capacity of 1,514 inmates, virtually the
same as 1,490 at the State Correctional Institute. The problem was brought to
the attention of lawmakers by Gay Maulden, a Boise woman whose son is an inmate
at ICC, serving time on an assault and battery charge. Maulden asked that her
son’s name not be used out of fear that he would face reprisals in the prison,
but she sent a copy of a letter written by her son to every Idaho lawmaker,
requesting help with the problem. In the letter, the son tells Maulden that the
Idaho Department of Correction is using the facility as a dumping ground for
inmates who don’t fit in the Idaho Maximum Security Institution. The state
determines where to place inmates using a classification process, and under some
circumstances the process allows officials to make exceptions, sending an inmate
to a higher-security facility or lower-security facility than the classification
would otherwise call for. The Idaho Correctional Center houses medium and
minimum-security inmates, according to the state. In the letter, Maulden’s son
said the department is wrongly giving problem inmates an exception so they can
be housed at ICC, and that those inmates are hurting others. “There does not go
by a week without at least one pod being on lockdown because someone(s) have
been jumped and beaten,” the son wrote. But both Idaho Department of Correction
Director Brent Reinke and Idaho Correctional Center Warden Phillip Valdez say
that’s not the case.
October 21, 2005 AP
More than 300 Idaho inmates will be housed in Minnesota under an
agreement with a private prison company, Idaho Department of Correction
officials announced Friday. The inmates will be transferred from Idaho
facilities to the Prairie Correctional Facility in Appleton, Minn., by the end
of the month. Housing the inmates in Minnesota will cost Idaho taxpayers $53 per
inmate per day, officials said. It costs about $48 per day to house an inmate in
an Idaho prison.
July 23, 2002
The company that runs the prison, Tennessee-based Corrections Corporation
of America, has announced that Stencilco, a Nashville-based division of PRV
Film Corp., has agreed to employee inmates. About 1,250 inmates are
housed at the private prison. A contract with the state calls for 20 percent of
the inmates to be enrolled in a jobs program. Until recently, 55 inmates were
enrolled, prompting the state to garnish CCA´s regular state payment to the
tune of about $90,000 a month. With Stencilco's addition of about 50 more
employees in the prison work program, the fine is expected to drop by about
$22,000. In March, the jobs issue prompted the company and the state to sign a
new contract reducing the daily cost of housing prisoners between February and
June. That saved the state more than $500,000. (Idaho Statesman)
July 18, 2002
The private prison south of Boise has more inmates working, but still not enough
to avoid a steep fine from the state. Correctional Corporation of America
will be fined $90,000 a month, about $10,000 less than was expected, the
department of Corrections said Wednesday. About 1,250 inmates are housed
at the private prison. A contract with the inmates to be enrolled in a
jobs program. As of Wednesday, 55 inmates were enrolled. CCA says
it's trying to meet the goals of the contract. (Idaho Statesman)
July 17, 2002
Idaho's
Department of Corrections is fining the company running the Idaho Correctional
Center $95,000 a month because too few inmates are working. The Corrections
Corporation of America is required by contract to provide jobs for about 20
percent of inmates at the prison south of Boise. That means approximately 250
inmates should have jobs - but only 55 were employed on Wednesday, said Teresa
Jones, a spokeswoman for the Department of Corrections. Last spring the company
agreed to reduce what it charged the state by $ 512,000 from February through
June because of the non-working inmates. But when the contract ran out at the
end of June, the department said it had no choice but to levy the fines. (The
Associated Press)
June 13, 2002
Complaints about the privately run prison near Boise have caught the attention
of Department of Correction Director Tom Beauclair, who has asked a university
professor to conduct an independent audit of Corrections Corp. of America's
operations. Beauclair confirmed the complaints are coming from former students
at the Idaho Correctional Center. But ex-employees aren't the only ones lodging
complaints. "There's such a long line of stuff," said Kelly Winberg,
president and founder of Friends and Family of Idaho Inmates. She said inmates
at the 2-year-old private prison get different treatment than inmates at
state-run prisons. To offer story ideas or comments, contact Wayne Hoffman
whoffman@idahostatesman.com or 377-6416. (Idaho Statesman
June 12, 2002
The company running a prison near Boise will be fined $100,000 a month starting
July 1 for not providing enough job training for inmates. Under its state
contract, Correction Corp. of America must have 20 percent of the inmate
population being trained. Only 34 of the 1,250 inmates are working in a
correctional industry job, far below the 250 required. The department
renegotiated its contract with Correction Corp. in January after the company
missed the October deadline for having one-fifth of the population working. In
the renegotiated contract, the company agreed to reduce what it charged the
state by $512,000 from February through June. But with that contract running out
at month's end, the department said it has no choice but to levy fines.
"Twenty percent is significantly higher than what you would traditionally
see in any correctional system, public or private," Owen said. (Associated
Press)
March 5, 2002
The Idaho Department of Correction has reached an agreement with private prisons
contractor Corrections Corp. of America to temporarily reduce the cost of
housing prisoners. Under new terms, the company will charge $34.92 per inmate
per day, a reduction of $2.68, or about 7 percent. The company also has agreed
to ensure that 20 percent of its inmates would be working in the state's
Correctional Industries program or a similar work program by July 1. That
provision was already in the current contract, but the company had no inmates in
the program, Correction Department spokesman Mark Carnopis said Monday. The new
agreements were reached late Friday. The state officially notified the company
that it was not complying with its contract in October. (Idaho Statesman)
February 4, 2002
The company running Idaho's private prison remains out of compliance with
its agreement to provide required job training for its inmates. But prison
officials say they expect Corrections Corporation of America to meet its
contract obligations by summer as it races to avoid $5,000-a-day penalties. CCA
has complied with most other areas of its contract with the state. The exception
is the agreement to have one of five inmates in a job-training program, such as
those available at the rest of the state's prisons. "To date, they really
don't have a whole lot going on in that regard," Drum said of the lack of
correction industries jobs at the private prison. "We've been in
negotiations since Oct. 3 with CCA to try and determine what would be an
appropriate per-diem assessment to charge them for being in non-compliance. The
important thing to understand is that on Oct. 3, we technically put the hammer
down." (Idaho Statesman)
January 16, 2002
Inmates at the state's privately operated prison aren't getting the job training
they've been promised, and now the state's prison agency says that will cost
Corrections Corp. of America. According to the state's contract with the
Tennessee-based company, Corrections Corp. of America is supposed to provide
job-training opportunities for about 250 inmates at the medium-security prison.
"Ideally, we would like to see them provide the training opportunities, but
what we've kind of seen ... they don't have any," said Don Drum, management
services administrator for the Department of Correction. So now the state, which
potentially could fine the company $5,000 a day, is renegotiating its contract,
hoping to save $500,000 a year at a time when every penny in the state budget is
being accounted for. That has angered Senate Finance Committee Vice Chairman
Stan Hawkins, who said it's absurd to let the company get away with not
providing a program that was a major point of interest when the state was ready
to sign a contract with the company. Hawkins, a critic of privately run prisons,
suggests that the state scrub the deal with the company. (Idaho Statesman)
December 20,
2001
The Department of Correction is going through a major overhaul of its internal
operations and renegotiating its contract with a private prison to meet Gov.
Dirk Kempthorne's orders to cut spending. And Director Tom Beauclair said
Wednesday that he's renegotiating the contract the state has with Corrections
Corp. of America because the company has been "non-compliant" in some
respects to the agreement. (Idaho Statesman)
Idaho
Department of Corrections
CCA, Correctional Medical Services, GEO
Group, Prison Health Services
August 18, 2011 AP
A woman the FBI believes robbed as many as 20 banks throughout the West worked
as a nurse at an Idaho state prison facility where she likely met the convicted
forger who investigators say drove the getaway car. Cynthia Van Holland, 47, was
arrested Monday with her husband, 26-year-old Christopher Scott Alonzo, after a
bank robbery in Auburn, Calif. Authorities say Van Holland is the "Bad Hair
Bandit," who used wigs to disguise herself during bank heists in Montana, Oregon
and Washington state. Alonzo, a northern Idaho resident, spent time in Idaho
prisons and jails on fraud, forgery and escape convictions. Placer County,
Calif., sheriff's Lt. Mark Reed said witnesses saw Van Holland jumping into a
car just after a robbery in Auburn. She and Alonzo were arrested a short
distance away on Interstate 80. Van Holland likely met Alonzo while he was at an
Idaho Department of Correction facility where she worked as a nurse for a
private contractor, Correctional Medical Services from November 2005 to an
unspecified date in 2006. Alonzo began serving time in March 2006, shifting
several times between prisons near Boise and Orofino where he and Van Holland
could have crossed paths. "Investigators believe Van Holland met her accomplice,
Christopher Alonzo, while he was incarcerated at an IDOC facility," said Jeff
Ray, an Idaho prisons spokesman, in a statement. Van Holland married Alonzo on
March 14 in Coeur d'Alene. On the marriage license, she indicated she was living
in Tacoma, Wash., the city where the series of bank holdups began in December
2010. As the Bad Hair Bandit robbed bank after bank, she went through a series
of wigs and baseball hats that earned her the moniker. Tellers say she often
stood in line like a normal customer, then handed a note saying she was armed
and wanted cash.
July 22, 2011 AP
A federal judge has appointed a special master to see if the state is complying
with court orders in a decades-old lawsuit over conditions at the Idaho State
Correctional Institution. The U.S. District Court hired Marc Stern, a doctor and
correctional health care consultant from Tumwater, Wash., to determine whether
the state is complying with a ruling designed to improve medical and mental
health care for inmates at the prison south of Boise. His report is due to the
court in six months. "I'm honored to have been appointed and I look forward to
learning about it and meeting and working with the parties to help them resolve
the issue," Stern said Friday. The long-running case began in the early 1980s
when so many inmates from the Idaho State Correctional Institution began filing
lawsuits that the cases threatened to clog Idaho's federal dockets. The judge
combined them all into one class-action lawsuit, which became known as the "Balla
case" after lead plaintiff Walter Balla. Over the next three decades, the
various federal judges overseeing the lawsuit made three major rulings. They
ordered Idaho leaders to stop overcrowding, provide warm clothing to inmates,
improve access to medical and psychiatric care and rehabilitation programs, and
take other measures to make sure the prison would no longer be, in the words of
former U.S. District Judge Harold Ryan, "an extremely violent place to live."
But the case kept bouncing back to the federal courts as inmates maintained that
while some issues had improved, problems at the prison continued and wouldn't
likely be fixed until Idaho leaders improved prison budgets and facilities. The
state, meanwhile, has argued that the prison has changed so dramatically — with
new buildings, new contractors, new leaders and evolved policies — that the old
Balla rulings essentially focus on a facility that doesn't exist anymore and so
are virtually impossible to enforce. The state contends that if there are still
problems at ISCI, inmates should file new lawsuits that accurately reflect the
present circumstances. But even Idaho Department of Correction officials have
demonstrated some concerns with the way Idaho's contractor, Correctional Medical
Services Inc., has administered medical care at ISCI. An investigation by The
Associated Press earlier this year found that Idaho has fined CMS more than
$382,500 in recent years for failing to meet some of the most basic health care
requirements outlined by the state. Both Idaho Department of Correction
officials and CMS leaders say those problems have since been resolved, and the
fines ended in May. U.S. District Judge B. Lynn Winmill said Stern's opinion of
the medical and mental health care situation at ISCI should be informed both by
his professional experience in the delivery of prison medical care, and in his
knowledge of the Eighth Amendment, which prohibits prison officials from being
deliberately indifferent to prisoners' serious medical needs. Stern's experience
includes a year working as a regional medical director for Correctional Medical
Services in New York. He left the company on good terms, and Winmill said the
previous association likely wouldn't affect Stern's analysis of the situation at
the Idaho prison.
June 5, 2011 AP
The company responsible for providing medical care to Idaho prison inmates has
been fined nearly $400,000 by state officials for failing to meet some of the
most basic health care requirements outlined by the state. The fines against
Correctional Medical Services, totaling more than $382,500, were uncovered
through a series of public records requests by The Associated Press. Among the
problems detailed in the records: The South Boise Women's Correctional Center
was without an OB/GYN for two years, and the Idaho Maximum Security Institution
was without a staff psychologist for at least 8 months. Idaho's contract with
CMS requires that vacant positions be filled within 60 days. The Creve Coeur,
Mo.-based CMS bills itself as the nation's largest prison health care provider,
caring for more than 250,000 inmates in 19 states. The private company, which
merged with Prison Health Services on Friday and now goes by the name Corizon,
has contracted with Idaho to handle medical care at all of the state-run prisons
since 2005. Its new regional director for Idaho, Tom Dolan, says CMS has
recently fixed the problems and the fines stopped a couple of weeks ago.
According to the records obtained by the AP, CMS had a long history of failing
to meet contract standards. Nevertheless, Idaho officials turned down four other
bidders and renewed the state's contract with CMS last year — not without some
changes, however. Idaho Department of Correction Director Brent Reinke said his
department had learned that in order to get CMS to pay attention to problems,
the state had to hit them in the pocketbook. The new contract steeply increased
the amount of fines, called liquidated damages, that could be levied against
CMS. More than two-thirds of the fines — $270,201 — have been brought under the
new contract, which began July 1, 2010. "They're bottom-line driven," said
Reinke of CMS. "They have shareholders, so we're learning from them and they're
learning from us." Rona Siegert, the head of health care for the Idaho
Department of Corrections, said the state's tactics are working. "The money was
racking up, and they've done a really great job of curing these and getting rid
of the liquidated damages," Siegert said. The fact that Idaho renewed CMS's
contract after a competitive bidding process shows that the company has done a
good job caring for inmates, said CMS spokesman Ken Fields. He said the fines
accrued under the new contract were largely for new administrative and paperwork
requirements that go beyond the national standard. He said none of the issues
had negatively impacted inmate patients. Recruiting and retaining health care
workers has "been a challenge," Fields said, because of a national shortage of
health care workers. But the vacant positions — including the OB/GYN and
psychologist vacancies — have since been filled, he said. Some of the problems
found by the state auditors involved the way CMS ran its non-emergency health
care services, its infirmaries and extended care units, pharmaceutical
operations and mental health services. The company's staff training, diagnostic
services, record-keeping, chronic care planning, inmate screening and other
services were also found to be deficient enough to warrant fines. Despite the
problems, IDOC officials maintain no inmate's health was damaged and no one went
without medical care. Instead, inmates they were transported off-site — usually
at the state's cost — or a doctor that worked for the state was brought in to
fill the gaps. For instance, when the Idaho State Correctional Institution south
of Boise went without a dialysis nurse for two months in 2008, the state had to
transport several offenders to an offsite facility daily for several hours each
day. The effort cost Idaho nearly $19,000 in personnel costs, an amount that it
recovered from CMS through the fines. The findings of some state audits of CMS's
operations suggest that it was at least likely that some inmates had longer
waits for care or didn't receive immediate care at all. For example, an audit
found that inmates that were sick on the weekends weren't getting their requests
for treatment triaged by medical professionals. Siegert said that if inmates
were visibly sick, correctional officers probably would have noticed while
making their rounds and would probably have gotten the inmates help. But
correctional officers are trained in security issues, not in how to determine if
someone is seriously ill. Inmates at the Idaho State Correctional Institution —
where nearly all of Idaho's sickest inmates are housed — have long complained
about the quality of medical care. In a class-action lawsuit dating back to the
1980s, ISCI inmates said they were forced to wait too long for medical care and
in some cases were denied access to medical treatment. Though the lawsuit began
long before CMS came to Idaho, the inmates have used the testimony of a former
CMS worker in an effort to show that the problems with medical care continue
today. Dr. Ralph Heckard, a primary care physician who contracted with CMS to
treat inmates at the Idaho State Correctional Institution between June 2009 and
January 2010, described several potentially serious problems in a court
affidavit filed in the Balla case. In his affidavit, Heckard said there was just
one doctor for every 1,500 inmates, compared to a statewide average of one
doctor for every 450 Idaho residents. He said ISCI had no pharmacist, and that
often unlicensed and unauthorized staffers handled nursing duties, even giving
inmates injections. Prisoners frequently experienced weeks-long waits for
medical care, Heckard said. One inmate had biopsy-confirmed cancer, and Heckard
said CMS delayed providing the inmate with the recommended surgery and
chemotherapy. Inmates with mental illness were deprived of necessary (and often
expensive) medication because there was no psychiatrist to renew their expiring
prescriptions and because CMS would not allow primary care doctors like Heckard
to prescribe or renew any psychoactive medications, he said. Fields said that
Heckard's characterizations weren't accurate. Few prisons have on-site
pharmacists, he said, and he noted that ISCI inmates get prescriptions within 24
hours, or sooner when necessary. During the period where the company didn't have
an on-site psychiatric staffer, a psychiatrist from the corporate office and
local community mental health professionals met the needs of inmates, he said.
He also refuted Heckard's assertion that unlicensed professionals were
administering health care. CMS Regional Manager Tom Dolan addressed the Idaho
Board of Correction during a meeting last month, telling the board members that
when he took the Idaho job in February, "clearly there were some struggles at
ISCI ... there was a lot of work for us to do."
June 1, 2010 AP
The state is ordering private prison company Correction Corporation of America
to pay thousands of dollars and fix problems with drug and alcohol treatment and
medical care at the Idaho Correctional Center. Ten of 13 drug and alcohol
counselors at the prison near Boise aren't qualified to provide treatment under
CCA's contract with the state, according to records obtained by The Associated
Press. Additionally, a medical audit by Idaho Department of Correction officials
earlier this year shows the private prison has extensive problems administering
medical care, including inadequate records; delays in providing medications,
immunizations and mental health care; and a lack of follow-up or oversight when
inmates are returned to the lockup after being hospitalized. The state ordered
CCA to provide it with a plan to fix the medical care problems by May 25, but
the company has already missed that deadline. Idaho is also imposing liquidated
damages against CCA for violating its state contract by failing to have
qualified drug and alcohol counselors. The damages rack up at a rate of more
than $2,600 a day; so far, CCA owes the state more than $40,000 for the
violations. "We're very concerned," said Rona Siegert, director of Idaho
Department of Correction Health Services. "That's the whole purpose of the
audit, to find these things before they get to a level where they're critical."
Nashville, Tenn.-based CCA responded to questions about the problems through a
prepared statement. "Regarding the findings of recent medical audits completed
by the Idaho Department of Corrections at Idaho Correctional Center, we
acknowledge and share the concerns of our government partner and take them
seriously. While the identified issues are not at a critical stage, we are
working actively and deliberately to quickly and effectively resolve them," the
company said. CCA also said it is trying to hire qualified staffers for its drug
and alcohol rehabilitation program. "Our efforts to recruit qualified and
credentialed addiction, alcohol and drug professionals from the available pool
of local candidates continue. We are confident that these efforts will result in
our company being in compliance in the near term with a fully credentialed
Therapeutic Community staff, as local qualified professionals seek employment
opportunities." Company officials also said several staff members are set to
undergo certification testing in the coming months. But Natalie Warner, the
Idaho Department of Correction's contract administrator and quality assurance
manager, said that under the schedule CCA provided for its current employees,
the last of the certifications won't be completed until June 2011. Meanwhile,
CCA will have racked up more than $100,000 in liquidated damages. In an April
letter informing the private prison company of the issues, Idaho Department of
Administration purchasing officer Jason Urquhart said the Correction Department
feared that the drug and alcohol program violations could increase costs for the
state. Offenders often are required to complete the Therapeutic Community
program to be released, so if the program's integrity is compromised, offenders
may have to stay in prison longer, increasing costs to the state, Urquhart
wrote. He went on to say that the parole commission could require offenders to
take part in drug and alcohol programs at other prisons — also increasing costs.
The medical audits, completed between February and April, suggest that in many
cases, inmates are going without adequate care, Siegert said. Still, Siegert
said the Correction Department didn't know of any inmates who had suffered
injury or harm because of the violations. Among other problems found in the
audits, inmates in the prison's infirmary were sometimes left alone, without any
working pager or call-light system to call a nurse or doctor in an emergency.
They also were going too long between medical checks by nursing staff, according
to the records. "Our requirement is that a provider makes the rounds every day
to see if they're getting better or getting worse, what their vital signs are,"
Siegert said. Medical test results also languished unread for too long, raising
the possibility that serious medical problems weren't being addressed right
away, Siegert said. If the company doesn't repair or adequately explain the
audit findings, Idaho can impose liquidated damages for those violations as
well. "It's going to stay on our radar and we're going to continue watching it
very closely," Warner said.
April 14, 2010 Boise Weekly
Violent beatdowns at the privately run Idaho Correctional Center appear to have
subsided in recent weeks, in the wake of a class-action lawsuit against the
prison and shakeup of prison leadership, according to documents obtained by
Boise Weekly. The prison reported 17 inmate-on-inmate assaults in January and 15
in February, according to a tally of incident reports filed with the Idaho
Department of Correction. But there were only nine assaults reported in March
and only four since warden Phillip Valdez and assistant warden Daniel Prado were
replaced on March 17. A spokesman for Corrections Corporation of America, the
Nashville, Tenn.-based company that manages ICC, Idaho's largest prison, has
repeatedly declined to comment on the situation at the prison, citing the
lawsuit. But Idaho lawmakers are troubled by the levels of violence and
accusations in the American Civil Liberties Union lawsuit that assaults at ICC
were perpetrated with the full knowledge of--even collusion by--guards. "If
those things actually happened at ICC, I was not aware of it and I don't think
anybody in the Legislature was aware of it," said Republican Rep. Leon Smith of
Twin Falls, co-chairman of the House Judiciary Committee. "If it's proven that
they did those things, then they are going to pay big penalties." Democratic
Rep. Grant Burgoyne of Boise went even further, likening CCA to the actions of
private military contractors in Iraq. "I believe that it is not appropriate,
when it comes to the incarceration of people, that that be outsourced to a
private contractor," Burgoyne said. "There are certain core government services
that should be carried out by government officials." IDOC carried a bill through
the Idaho Legislature earlier this year that gives IDOC Director Brent Reinke
more authority to quell serious disturbances and riots at the privately run
prison and to quell "affrays and insurrections" as well. Several lawmakers noted
the timing of the bill, which was introduced just before the ACLU lawsuit was
filed, but a spokesman for IDOC said there was no connection. "Our intent with
the new legislation is to give the director statutory authority to intervene and
quell a serious disturbance," said prisons spokesman Jeff Ray. "We can't say
what the legislative intent was when they used the word 'affray.'" An affray is
a fight between two or more people in a public place. Monica Hopkins, executive
director of the ACLU of Idaho, said that the bill is a step in the right
direction, but does not affect the lawsuit. "I think IDOC has stepped up to the
plate and they have known that something is going on out there, because the bill
is bringing them into compliance with what the federal court will already tell
them," she said. The ACLU lawsuit details 23 serious assaults at ICC, going back
to November 2006, all of which, the attorneys allege, were preventable. There
were at least 43 inmate fights at ICC since Jan. 1 of this year, according to
incident reports obtained by Boise Weekly through a public information request
to IDOC. The Ada County Sheriff's Office was called only four times for inmate
battery investigations in that same time period, according to public information
officer Andrea Dearden, though there were other investigations for drugs found
at the prison and for an assault on two staff members. • On Jan. 18, sheriff's
deputies investigated the severe beating of Hanni Elabed, who has filed a
separate, $25 million claim against ICC and the state. The Ada County
Prosecutor's Office intends to file charges against the inmate who beat him,
according to Elabed's brother. • On Jan. 24, prison officials called the
Sheriff's Office, but deputies declined to investigate a battery report from a
fight that may have occurred three days prior. • On Jan. 26, deputies
investigated an assault on two prison staff members and forwarded charges to the
prosecutor. • On March 1, deputies investigated a fight with a weapon--described
by prison officials as a "sharpened edged weapon"--but the weapon was never
recovered. • And on March 10, deputies investigated at least three fights that
broke out in separate areas of the prison simultaneously. Also since Jan. 1, ICC
officials discovered marijuana four times, bags of homemade alcohol in a shower,
meth and at least two shanks. Idaho Gov. C. L. "Butch" Otter, through a
spokesman, declined comment on the ACLU lawsuit, but his attorney, David
Hensley, said Otter and IDOC are concerned about staff and prisoner safety at
ICC, as at any prison. "This situation, like any previous situation, warrants
our concern, and we've been looking at that," Hensley said. In 2007 and 2008,
Otter proposed allowing more privately run prisons to be built in Idaho, but
faced resistance from the Legislature, in part out of concern that out-of-state
inmates would be housed here. Since the privatization bill died in 2008, Idaho's
prison bed shortage has waned. Hundreds of inmates housed in other states have
been returned to Idaho, some now housed in a new wing at ICC. Otter has not
revived the idea of allowing privately owned and run lockups. "The governor has
been looking at cost effective ways to address the trends and recently we have
seen the trends either stagnant or, in the last few months, we've even seen a
decrease," Hensley said. But for Hanni Elabed's family, the lack of transparency
and public oversight at the private prison is inexcusable. Elabed's older
brother, Zahe Elabed, said guards put his brother in a cell with white
supremacists despite threats against his Arab heritage, failed to notify his
parents when he was left convulsing on the floor after being beaten against a
wall and stomped more than 30 times, would not allow family visits or provide
information on his condition over the phone and were rude. "I think they need to
do away with it, I think it's really unfair for any prisoner to be in there
now," Zahe Elabed said. "You have to be a gladiator to survive in there."
March 8, 2010 Idaho Reporter
Proposals could help offenders needing treatment, prisons dealing with riots An
Idaho Senate committee approved two proposals from the Idaho Department of
Correction (IDOC) that would give IDOC more authority in dealing with placing
prisoners in substance abuse treatment and quelling riots and other serious
disturbances in private facilities. IDOC director Brent Reinke said the moves
could save Idaho money in prisoner costs and potential lawsuits. The first
proposal would give Idaho courts and IDOC more time to allow inmates to complete
substance abuse treatment rather than serve a full prison sentence. It would
extend the current 180-day period of suspended judgment to 365 days. During that
time, IDOC could place prisoners in programming including substance abuse
treatment that could shorten their overall prison stay. “We are not looking to
do anything but set the stage for better programming for our inmates,” Reinke
said. IDOC currently has one short-term programming option lasting 120 days, but
the department is looking to expand to three options that span from 90 and 270
days. Reinke said having more offenders go through shorter-term programming
rather than serving an entire prison term, which lasts an average of 2.7 years,
means the state could slow its population growth by 400 inmates a year. “If an
inmate goes through this program, he wouldn’t have to do what I’d call ‘hard
time’ in a penitentiary,” said Sen. Les Bock, D-Boise. The second proposal would
allow IDOC to set up procedures for dealing with violent incidents at private
prison facilities, including the Idaho Correctional Center (ICC) in Boise. Those
serious disturbances include riots, escapes, fights, and insurrections. The
legislation would let IDOC renegotiate its contract with the Corrections
Corporation of America, the private company that runs ICC. The legislation would
give Reinke more oversight on private facilities dealing with disturbances and
would allow for employees at private prisons to use extreme and deadly force to
stop incidents. “It wasn’t clear that the department had the authority to
intervene at a private correctional facility,” said Paul Panther, a deputy
attorney general for IDOC. Panther said that CCA has agreed to the legislation.
Reinke said IDOC needs to prepare for emergencies, and that’s it’s only a matter
of time before there are disturbances at Idaho’s private prisons. “We now have
six facilities in the south Boise (ICC) complex and we have many, many gang
members incarcerated in that area,” he said. “That is an area that has us
concerned.” The Senate Judiciary and Rules Committee approved both of Reinke’s
proposals on a unanimous voice vote. Both pieces of legislation now head to the
Senate floor. The suspended judgment legislation is available here and the
disturbances in private prisons legislation is available here.
September 14, 2009 The Olympian
The Idaho Department of Correction and the parents of an inmate who killed
himself in a private prison have reached a settlement ending a federal lawsuit
over the son's death. The agreement, approved Sunday by U.S. District Judge B.
Lynn Winmill, also marks the end of lawsuits the parties had filed against each
other in state court after previous settlement talks fell apart earlier this
year. The case arose after the 2007 death of Scot Noble Payne, who had been sent
to a private Texas prison with hundreds of other inmates to alleviate
overcrowding in Idaho. Payne slashed his own throat, and Idaho officials who
investigated the Dickens County Correctional Facility said the deplorable
conditions at the prison and the physical environment of Noble's solitary cell
could have contributed to his suicide. Payne's mother, Shirley Noble, and his
father, Alberto Payne, sued the Idaho Department of Correction, saying the
department was responsible for the wrongful death of their son. The parties went
into mediation to see if they could reach a settlement, and in February both
sides agreed the parents should be awarded $100,000 and that the Idaho
Department of Correction would not admit fault for Scot Noble Payne's death. But
when the official settlement document was sent to the parents the following
month, they refused to sign. At the time, Noble's attorney said the Idaho
Department of Correction added terms to the document that hadn't been arbitrated
in mediation. The Idaho Department of Correction then sued the parents in state
court, asking a judge to force them to sign the document, and the parents
countersued, contending the state was breaching the settlement contract. The
lawsuits filed in state court have now been dismissed, along with the federal
lawsuit. The terms of the federal settlement were not released.
July 25, 2009 AP
A federal judge has thrown out a lawsuit against the state brought by an
inmate who said his civil rights were violated when he was transferred to a
Texas prison. Leslie Peter Bowcut was sentenced to 30 years in prison after
pleading guilty in 2002 to 14 counts of lewd and lascivious conduct. Prosecutors
said he took pornographic pictures of girls as young as 2 and traded them on the
Internet. Four years later, the Idaho Department of Correction shipped hundreds
of inmates out of state under a federal court order directing the state to ease
overcrowding. Bowcut was among the inmates sent to the Newton County
Correctional Center in Newton, Texas, which was run by private corrections
company The GEO Group. Problems with guard abuse and prisoner unrest emerged
immediately, and by August 2006 Idaho asked The GEO Group to transfer the
inmates to other Texas prisons. Bowcut sued Idaho Department of Correction
officials that year, including then-State Corrections director Thomas Beauclair,
Deputy Chief of Evaluation Compliance Sharon Lamm and Contract Officer Ofelia
Alvarado. In his lawsuit, Bowcut contended that his civil rights were violated
because conditions at the Newton County Correctional Center were substandard
compared to Idaho prisons, with limited recreation time, cramped 8-person cells,
inadequate ventilation and prevalent black mold. But Idaho Department of
Correction officials said the case should be thrown out because they were
entitled to qualified immunity and because there was no evidence showing that
they knew of poor conditions at NCCC before transferring the inmates there. On
Thursday, U.S. District Judge B. Lynn Winmill agreed with the state, throwing
out the lawsuit and barring Bowcut from filing it again. Because Bowcut was
treated the same as other inmates at the Texas prison, there was no civil rights
violation, Winmill said. "Uniformity within an institution is a legitimate
correctional goal, and providing the same treatment and applying the same rules
and programs to all prisoners within a given institution is rationally related
to achieving that goal," Winmill wrote in his ruling. "Therefore, Plaintiff's
equal protection rights were not violated by his receiving the same treatment as
other NCCC inmates, even if that treatment was different from that received by
inmates remaining in Idaho."
July 11, 2009 KLEW TV
The Idaho Department of Correction (IDOC) announced that it has completed
the transport of 188 inmates from an Oklahoma prison to Idaho, signaling an end
to the department’s four-year practice of renting out-of-state beds to ease
overcrowding. “This is a milestone for the department and something the people
of Idaho can truly celebrate,” said IDOC Director Brent Reinke, in a news
release from the department. “We’re saving taxpayer dollars, and in the long
run, making our communities safer.” IDOC said the return of the inmates is made
possible, in part, by the opening of 628 new beds at Idaho Correctional Center
(ICC). It will cost $40.00 a day to house one inmate at ICC versus $61.53 at
North Fork Correctional Facility (NFCF) in Sayre, Oklahoma. As a result, IDOC
will save $1.4 million in Fiscal Year 2010.
June 22, 2009 AP
Another batch of Idaho prisoners has returned to the state after spending
time in an Oklahoma prison. Officials with the Idaho Department of Corrections
says another 68 inmates have been transferred back to Idaho from a private
prison in Sayre, Okla. Two buses with the prisoners arrived in Boise Monday. The
latest shipment leaves the department with just 120 inmates housed in
out-of-state lockups. Those inmates are slated to return to Idaho by the end of
the summer. Idaho has been relying on out-of-state prisons in Oklahoma and Texas
to house inmates for several years. But the state has been able to bring many
back in the last year due to a declining prison population and the creation of
new prison beds at the Idaho Correctional Center south of Boise.
May 15, 2009 The Olympian
The Idaho Department of Correction and the mother of an inmate who killed
himself in a private prison are suing each other after a settlement agreement
over the son's death fell apart. Scot Noble Payne, who had been sent to a
private Texas prison with hundreds of other inmates to alleviate overcrowding in
Idaho prisons, slashed his own throat in 2007. Idaho officials who investigated
the Dickens County Correctional Facility said the conditions were deplorable and
that the physical environment of Noble's solitary cell could have contributed to
his suicide. Payne's mother, Shirley Noble, and his father, Alberto Payne, filed
a tort claim against the Idaho Department of Correction contending that the
department was responsible for the wrongful death of their son. Correction
Department officials and the parents went into mediation to see if they could
reach a settlement, and in February both sides agreed that the parents should be
awarded $100,000 and that the Idaho Department of Correction would not admit
fault in Scot Noble Payne's death. But the next month, when the official
document that would release the Idaho Department of Correction from liability in
the case was delivered to the parents, they refused to sign. The problem,
according to Noble's attorney, is that the Idaho Department of Correction added
additional terms into the release document that hadn't been arbitrated in
mediation. The mediation agreement lists Shirley Noble, Alberto Payne, the state
of Idaho and the Idaho Department of Correction as parties in the agreement. But
the release also lists the estate of Scot Noble Payne and all of the
representatives and employees of the Idaho Department of Corrections and the
state as parties. That could throw into jeopardy another lawsuit brought by the
parents - in their role as representatives of Scot Noble Payne's estate -
against several employees of the Idaho Department of Correction. After the
parents refused to sign, the Idaho Department of Correction filed a lawsuit
against them in Ada County's 4th District Court, asking a judge to force the
parents to sign the release. The parents countersued, contending the state was
breaching the contract they reached under the settlement agreement by trying to
later add new terms. Idaho Department of Correction officials said they could
not comment on pending litigation. The parents' attorney, Wm. Breck Seiniger,
Jr., said the department made a mistake when it was negotiating and didn't
realize it until it was too late - and now is trying to place the blame, and the
loss, on the parents. "I think the lawsuit is just an attempt to intimidate the
parents, frankly," Seiniger said. "If they thought the agreement meant something
different, that is not our problem." The parents have also filed a lawsuit
against Geo Group Inc., the private company that ran the Texas prison, in U.S.
District Court in Texas. That lawsuit is still in the discovery stages, Seiniger
said.
March 25, 2009 AP
The legislative budget-writing committee on Tuesday approved a plan to cut
the Idaho Department of Correction 2010 budget by almost $30 million, in part by
bringing home the last Idaho inmates housed in other states. Idaho began
shipping inmates out of state, most recently starting in 2005, after a federal
judge ruled that overcrowded conditions here were dehumanizing. Since then, the
state has built 628 beds at the Idaho Correctional Center in Boise and bolstered
drug court programs and treatment to try to slow prison growth. By next spring,
more than 1,000 new beds will be available in prisons across the state. Over the
last eight months, the state has transferred 380 inmates back to Idaho prisons.
As of February, Idaho had more than 7,226 people incarcerated. Department of
Correction Director Brent Reinke said Tuesday that with the overcrowding issues
resolved, Idaho can bring the last 318 prisoners home by August. The inmates are
currently at the North Fork Correctional Facility in Sayre, Okla.
December 5, 2008 AP
An inmate is suing the managers of the state's only private prison,
contending that a high level of violence at the Idaho Correctional Center
amounts to cruel and unusual punishment - a complaint that has been echoed
recently by other inmates and at least partly documented in reports from the
Idaho Department of Correction. The lawsuit, filed by inmate Daniel Dixon in
U.S. District Court, contends that he and other inmates are being preyed upon by
gangs and that correctional officers aren't doing enough to help. He seeks $1
million, segregation of vulnerable inmates and improved training for guards.
Dixon was sent to ICC in 2006 after he was convicted of kidnapping and molesting
a 12-year-old girl on a Coeur d'Alene beach. Dixon was 24 at the time, and
within a week of his arrival, word of Dixon's charges spread throughout the
prison. He was labeled as a "Cho Mo," prison slang for a child molester. "A few
days later the Plaintiff was forced to defend himself against a white
supremacist gang member," Dixon wrote in the lawsuit filed this fall. ICC
officers knew about the fight but did nothing about it, Dixon claimed. Dixon was
moved to another unit in the prison, one that he contends is known for high
levels of skinhead gang activity. Gang leaders in the unit had given other
inmates a "green light" for harming any child molesters, according to the
lawsuit. Dixon told a correctional officer that he feared harm, but the officer
reportedly tried to get Dixon to give him information about the gang activity in
the unit. Dixon refused, saying he feared that would result in him being labeled
a snitch as well as a child molester, placing him at greater risk. Other inmates
were already talking about beating him up, he said. "One even introduced himself
as 'Rapeamo,' then defined himself as, 'The man who rapes child molesters,'"
Dixon wrote in his lawsuit. Dixon was moved to different units around the prison
- sometimes with gang members for cellmates he said. The prison south of Boise
is operated by Correction Corp. of America, based in Nashville, Tenn. The state
says the facility houses medium- and minimum-security inmates. An Associated
Press voice message seeking comment on the lawsuit Friday was not immediately
returned by a CCA spokesman. In December 2007, five gang members ran into
Dixon's cell, locking the door behind them and beating Dixon with combination
locks stuffed inside socks, according to the lawsuit. He was beaten for about
five minutes as he yelled and screamed for help, Dixon said. The beating ended
after he was able to reach the officer call box button in his cell. "But much to
his dismay the officer in the control tower simply unlocked his cell door by
electronic control, leaving the violated, and vulnerable Plaintiff helpless in
the cell ...," Dixon wrote. While the door was unlocked, more gang members ran
into his room with homemade knives, or shanks, and robbed him of his Christmas
commissary package that included roughly $200 of food items, he said. ICC
staffers didn't give Dixon any medical help until a few hours after the beating,
he wrote. Within five days, Dixon was transferred to another prison and given a
single cell. Dixon is asking a judge to award him damages of $1 million, to
order ICC managers to segregate dangerous inmates from vulnerable inmates, and
to order improved training for ICC guards in responding to inmate assaults.
Dixon is also asking that he be allowed to stay in a single cell at the Idaho
State Correctional Institution until he has recovered from the post traumatic
stress syndrome he said he developed after the ICC assaults. Dan Prado, the
assistant warden at ICC, said the prison has "fights just like at the other
facilities. I wouldn't say it's out of the norm." He declined to speak
specifically about the lawsuit. Idaho Department of Correction documents
obtained by The Associated Press through a public records request last month
show that the private prison had three times the number of offender-on-offender
assaults compared to other Idaho prisons between September 2007 and September
2008. "The potential is there in any facility," Prado said. "We have seen a
slight increase and that's just due to the population. I think some of it is
through our reporting procedures - we report everything, even the minor
incidents we have." Dixon's complaint isn't isolated. Gay Maulden, the mother of
another inmate at ICC serving time on an assault and battery charge, said her
son has complained that gang members are routinely and severely beating other
inmates. She asked that his name not be used so that he would not face
reprisals, but she sent his letter to lawmakers across the state. Mark Savage
also contacted lawmakers after his son was beaten by gangs while at ICC. Savage
also asked that his son's name not be revealed, but said he was serving time on
a drug charge and was targeted by white supremacist gangs because he befriended
inmates who weren't white. After two beatings - and complaints from several
family members - Savage's son was transferred to the Idaho State Correctional
Institution, Savage said. "He feels a lot safer at ISCI now, because the
correctional officers there are actually trained and act like real COs. The
private prison, they'll hire people who have no training whatsoever. They don't
know what they are doing," he said. Savage said his son has suffered intestinal
problems since the beatings but hasn't been provided adequate medical care, and
that he is considering suing the state and CCA.
October 1, 2008 AP
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. Idaho Department of
Correction Director Brent Reinke hailed their arrival as one of the benefits the
system was reaping after years of work. "It's more about having the right
inmates at the right place at the right time," Reinke said. "People are
communicating better and we're working together better than we were in the
past."
October 31, 2007 The Olympian
A child killer who lost his legs in a suicide attempt is suing the state prison
system for $1 million after being denied artificial legs in prison, saying he
was promised prosthetics in plea negotiations. According to the case filed
recently in U.S. District Court, Barry L. McAdoo, 32, of Coeur d'Alene, is
experiencing muscle degeneration and may never walk again if he remains confined
to a wheelchair. Named as defendants are the Idaho Department of Correction and
Correctional Medical Services, a contractor that whether a procedure or device
is medically necessary. The state agency received the lawsuit Monday and was
investigating, spokesman Jeff Ray said. "We don't have any comment on Mr.
McAdoo's claims at this time," Ray said Tuesday. Included in the lawsuit were
numerous requests by McAdoo for artificial legs and a grievance with the state
agency over the denial of artificial legs, all rejected by state prison
officials. McAdoo, convicted of beating his 15-month-old son Brandon to death,
is serving 15 years to life at the Idaho State Correctional Institution in
Boise. He told authorities that when the little boy stopped breathing on Jan.
14, 2005, he downed 50 sleeping pills and rat poison, left the trailer where he
lived with his pregnant wife, Angela Cowles, and wandered outdoors in freezing
weather for three days before he sought help. McAdoo was taken to Sacred Heart
Medical Center in Spokane, Wash., where both legs had to be amputated because of
frostbite. McAdoo was given no promise the state would provide him prosthetics,
Kootenai County Deputy Public Defender Lynn Nelson said, nor does the plea
agreement signed by McAdoo, Nelson and Deputy Prosecutor Marty M. Raap mention
the issue. When McAdoo pleaded guilty to second-degree murder, 1st District
Judge Charles W. Hosack asked whether he had been promised anything other than
what was included in the plea agreement and McAdoo said he had not. Nonetheless,
Nelson asserted that McAdoo is entitled to prosthetics and has legal precedent
on his side.
October 9, 2007 The Olympian
A federal judge has declined to dismiss the lawsuit of an inmate who claims the
Idaho Department of Correction is failing to treat her for gender identity
disorder. Josephime Von Isaak, who legally changed her name from Augustus Joseph
Isaak last year, says she is a male to female transsexual who suffers from
gender identity disorder. Isaak claims that she was compelled to remove her own
testicles with a razor after the state failed to diagnose and treat her
disorder. Even then, the lawsuit alleges, Isaak went without the estrogen
treatment she wanted, and a year after self-castrating she amputated the tip of
her penis. Isaak claims the state subjected her to cruel and unusual punishment
and that prison health workers committed medical malpractice. State and prison
health officials deny the claims. The state is now expected to go to trial in
Isaak's lawsuit and in a similar case brought by inmate Jenniffer Spencer
(formerly known as Randall Gammett), who also self-castrated while in prison
after officials allegedly refused to treat her gender identity disorder. A trial
date has not yet been set in Isaak's case. Officials with Correctional Medical
Services asked U.S. District Judge B. Lynn Winmill to dismiss or stay the case,
claiming the medical malpractice claims belonged in state court and that they
should be kept separate from the Eighth Amendment cruel and unusual punishment
claim because the legal standards for each claim were dramatically different.
But Winmill disagreed, saying recently that it is within his jurisdiction to
keep the entire lawsuit in the federal court system.
September 12, 2007 Boise Weekly
There's little to no distinction in the world of private prisons, a place where
capitalism meets public service. It's an industry based on keeping people locked
up, and doing it as efficiently as possible. It's also an industry that
generates lots of controversy. While some argue that privately owned and
operated prisons allow government agencies to deal with increasingly overcrowded
prison systems and dwindling budgets, others say that introducing the element of
profit into the management of incarcerated people leads to corruption,
mismanagement and mistreatment of prisoners. "You shouldn't introduce a profit
margin and a profit motive into a prison," said Christie Donner, executive
director of the Colorado Criminal Justice Reform Coalition. "The industry as a
whole shouldn't exist." But it's an industry that may be expanding into Idaho if
some state leaders get their way. Gov. C.L. "Butch" Otter has asked lawmakers to
begin drafting legislation that would allow privately owned and operated prisons
to go to work in Idaho. There are currently no private facilities in the state,
although the Idaho Correctional Center in Kuna is managed by the Correction
Corporation of America of Tennessee. CCA is the largest private prison business
in the country, ranking just behind the federal prison system. The company owns
41 prisons nationwide, and manages another 24 facilities in 19 states and
Washington, D.C., for a combined total of roughly 75,000 beds. To pave the way
for their Idaho entry, a work group made up of lawmakers, Idaho Department of
Corrections officials and industry representatives are in the early stages of
drafting legislation that will be introduced in the next legislative session.
"[It would] set the stage for a private firm to come into the state of Idaho and
create a facility that the firm would own and operate," said Brent Reinke,
director of the Idaho Department of Corrections. "Truly, Gov. Otter is very
insistent in this area and has been very, very outspoken and there's no doubt at
all the way he wants to proceed," Reinke said. "We have a critical need right
now to do something immediately to address the [prison] population crisis that
we're seeing," said Jon Hanian, Otter's press secretary. "When you're talking
about a private prison vs. a state-run one, building one, you're talking about
up to four years on the state-run side vs. 18 to 24 months. The private side is
going to be a more immediate impact." Hanian said Otter's priority was to get
prisoners now housed in out-of-state facilities back in the state. Until Idaho
has more room, Hanian said, "our hands are tied on that." Otter has vowed that
any agreement reached with a private company would include stipulations that the
state has a first right of refusal on any beds, and could bump any out-of-state
inmates if the space is needed. It's not so cut and dried for opponents of the
industry, though. "The bottom line for the private prison industry is to make a
profit," said Ken Kopczynski, executive director of the Private Corrections
Institute, a Florida-based group that opposes the private prison industry. "They
give you a snow job about rules and training. They have to provide a profit, and
they actually turn quite a profit for quite a few years. "They do a very good
P.R. job," he said. A key part of that public relations campaign is to make
inroads with politicians in states targeted by the industry as likely locations
for expansion. Opponents of private prisons are full of stories of corrupt
officials and lobbyists serving as advisers for the state, including a college
professor in Florida who served as a state adviser on the private prison
industry while that industry funded his professional research. There's also
Manny Aragon, former president of the New Mexico Senate, who was indicted by a
jury in April for an alleged kickback scheme. "There's going to be more of it
when it's [in Idaho]," said Kopczynski. "They're not stupid. Most of these folks
[private corrections company leaders] come out of government anyways." The
industry has already made its first foray into the wallets of Idaho politicians.
According to campaign finance reports filed with the state, both CCA and GEO
Group, the two largest private prison operators, donated $5,000 to Otter's 2006
campaign for governor. But Hanian said there is no impropriety in Otter's
interest in private prisons. "There is no quid pro quo when it comes to any
campaign contribution the governor has received and the establishment of state
policy. None," Hanian said. "He bases every decision solely on its merits."
Reinke said he doesn't feel there's any undue influence within the state
government. "It's very important that we have the system in place so that it is
competitive, and everything is done in the light of day. That's a challenge
we're faced with," he said. The Texas Connection -- Idaho has already had
experience with the industry. Some 750 of Idaho's roughly 7,300 inmates are
housed in private prisons in Texas and Oklahoma, and plans call for another 240
to be moved by the end of the year, according to Reinke. Another 500 are being
housed in county facilities. "Our needs are very significant," Reinke said.
Idaho's prison population has been growing by roughly 6.5 percent annually, and
Reinke estimates it will take an additional 2,000 to 3,000 beds to meet the
state's short-term needs. "What I'm concerned with right now is bed capacity,"
Reinke said. "This is not a new need." If the prison population continues to
increase at the same rate, Reinke said the state will need several new
facilities within the next 10 years. "We need to do what we can to meet the need
of Idahoans within the state of Idaho," he said. "The longer we wait on this,
the longer the inmates are going to be out of state." Currently, Idaho has eight
prisons, four community work centers and 22 probation and parole district
satellite offices. The state corrections agency employs roughly 1,500 people.
While moving inmates to out-of-state facilities with extra room seems to offer
some relief for Idaho prison managers, the practice hasn't been without its
problems. Idaho's troubles with private prisons began when they shipped 302
prisoners to a private prison in Minnesota in October 2005. After space ran out
at the Minnesota prison in August 2006, the Idaho inmates were sent to two
facilities in Texas, one of which was the Dickens County Correctional Facility
in Spur, Texas, a private prison owned by GEO Group. In March, according to news
reports, Idaho inmate Scot Noble Payne committed suicide. In letters to family,
he placed the blame for his depression on the unsanitary conditions at the
prison and the poor treatment by staff. While Idaho officials plan to move the
56 inmates remaining at the Dickens County facility by the end of the year, they
will be transferred to another Texas facility owned by the same company. It's
just the latest of the state's problems stemming from housing prisoners out of
state—a list that includes riots and escapes at a private prison in Louisiana in
1997. Those who oppose private prisons say these sort of problems are indicative
of the industry as a whole. "Why does your governor think having a private
prison in Idaho is going to be any different than the mess they had in Texas?"
Kopczynski said. Among his and Donner's chief concerns is the hiring of
untrained correctional officers, who they say are paid wages below that of their
public sector counterparts. This, coupled with poor training, leads to prisoner
abuses, poor conditions, high employee turnover and an unwillingness to respond
in the face of a dangerous situation, they believe. "The problems we have had in
Colorado are around some of the tactics of private prisons use to make money:
smaller staff, fewer programs, lower pay," said Donner. "If you want a riot,
that's a great strategy." "There's no institutional knowledge," said Kopczynski.
"You don't know your elbow from a hole in the ground when it comes to
correctional work." Industry representatives vehemently disagree. "That's
completely baseless," said Steven Owen, director of marketing for CCA. "It's
absolutely, categorically false." Owen argues that all employees of CCA meet the
training standards of the American Correctional Association, the largest
correctional trade association in the world, and because of contractual
agreements with the states they serve, must have as much training as
correctional officers in public facilities. When it comes to wages, Owen said
it's a philosophical difference. "Generally, in a state correctional system,
it's a one-size-fits-all starting salary for a correctional officer," he said. "CCA
prices salary and wages by the facility. We compete with the labor pool in the
area around the facility. "Critics like to focus in on wages," Owen said. "We
are competitive in the locations where we operate." He added that wages for
mid-management positions are typically much higher than in the public sector. A
2003 report published by Corporate Research Project of Good Jobs First and
Prison Privatization Report International—both corporate watchdog groups—stated
that CCA has managed to stem the tide of negative publicity. But the report
didn't have a favorable overview of the company. "CCA has built a reputation
marred by numerous instances of scandal, mismanagement, alleged mistreatment of
prisoners and its own employees, attempted manipulation of public policy and a
proliferation of questionable research. Its record is a clear example of how the
pursuit of profit stands in the way of carrying out a core public function such
as corrections. CCA has succeeded in staying in business for two decades, but it
has not succeeded in demonstrating that prison privatization makes sense," the
report reads. From CCA's perspective though, the advantages are clear and
numerous. "We try to operate as well as, or better than, our public
counterparts," Owen said. "We don't have some of the bureaucracy that can
sometimes get in the way of government processes." It's the company's size that
Owen said gives it an advantage, not only with purchasing power for goods, but
with the ability to get a new facility up and running quickly. "It takes three
to five years for the state to have to go through the legislative process," Owen
said. "We can bring a new facility on line in 12 to 18 months." He said a
privately owned prison also saves taxpayers the cost of the capital investment.
Typically, the states pay CCA on a per-prisoner, per-day basis depending on the
level of programs required by the state contract, as well as the level of
security needed. "It's the capacity that we bring on line that relieves
overcrowded systems," he said. "It helps existing systems to become safer and
more efficient." Since the company typically hires much of its workforce from
the local community, Owen said there's a strong economic impact. "We want to do
business in places where we're wanted," he said. Apparently, Idaho ranks among
those places. Owen said CCA has had a good partnership with the state since the
Idaho Correctional Center opened in 2000. He said if the law should change, the
company would be interested in building a facility in the state. Problems Behind
the Bars -- One of the biggest issues for critics of the private prison system
is the practice of moving prisoners out of state. For many, separating inmates
from their families and familiar environments only leads to more problems and
creates an unending cycle of prisoners returning to jail. "They're doomed to
re-offend," said Frank Smith, national field coordinator for the Private
Corrections Institute. "They're estranged from their families and support
systems. It's a futile effort. It's life on the installment plan. It drains tax
money, and they're never rehabilitated." If prisoners from other states are
involved in conflicts, there are jurisdictional issues, Donner said. "If
prisoners from other states have problems, it's in your jurisdiction," she said.
"Now they have to be under your cost." Owen said CCA does extensive work
assimilating prisoners brought from out of state. Including sending staff to
their home state to learn about the habits and cultural practices of the
inmates. "It's worked well for us," he said. But that doesn't always seem to be
enough. In 2004, one of the largest prison riots in recent Colorado history took
place at the Crowley County Correctional Facility, a prison owned by CCA.
Apparently, the incident was touched off by tensions between a group of inmates
from Washington state and prison staff. A general feeling of unrest spread
through the prison, and more than 1,000 inmates rioted. In the end, 13 prisoners
were injured. Following the incident, a state investigation placed the blame on
staff shortages and inexperience. Additionally, the final report stated that the
prison's emergency plan was not effective and that basic security measures
weren't followed. CCA also took flak because the company's incident commander
refused an order from state officials to use gas to quell the riot, until he had
approval from the parent company. CCA was recently fined by the state of
Colorado for continued understaffing. Fines totaled $23,000 for leaving 157
shifts unfilled at the Crowley facility, $103,743 for 701 unfilled shifts at the
Kit Carson Correctional Center and $2,651 for 18 shifts at the Bent County
Correctional Facility.
July 31, 2007 Idaho Statesman
Idaho's Department of Correction has created a new position to manage Idaho's
roughly 2,400 inmates in private, out-of-state prisons and county jail beds.
Randy Blades, who has been the warden at the Idaho State Correctional
Institution south of Boise, will monitor the 500-plus inmates, now in three
Texas prisons managed by the Geo Group Inc. of Boca Raton, Fla. He will also
monitor the 240 inmates soon to be transferred from Idaho to a private prison in
Oklahoma, and the inmates in county jail beds across the state. Correction
Director Brent Reinke created the position after disclosing that conditions at
one of those prisons were so bad that inmates will be moved elsewhere. Inmates
at the Dickens County Correctional Center are being moved to the Bill Clayton
Detention Center after an inmate suicide at Dickens revealed filthy living
conditions and poorly trained and unprofessional staff. “Times have changed and
we simply need to get in front on this issue,” Reinke said in a statement. “We
must be proactive. We need to make sure inmates are being treated adequately and
taxpayers are getting what they are paying for.”
July 26, 2007 The Olympian
Department of Correction Director Brent Reinke next Thursday will visit a
private Texas prison where he intends to shift 56 inmates in September, after
problems including abuse by guards, deplorable conditions and a suicide emerged
at previous facilities in that state. Reinke, who concedes lax oversight by
Idaho contributed to problems, and three other Idaho officials will review the
Val Verde Correctional Facility and Jail in Del Rio, Texas, run by Florida-based
private prison firm The GEO Group. The prison area where Idaho inmates are due
to be housed at Val Verde is part of a new 659-bed addition, Reinke said. Still,
he wants to make sure the facility located near the Mexican border meets Idaho
standards so the recurring problems at the two previous GEO-run prisons aren't
repeated. "On contracts in general, we're going to be stepping that up," Reinke
told The Associated Press this week. "We want to take a firsthand look." About
450 Idaho inmates were first moved beyond state borders in 2005 to relieve
overcrowding at prisons here, where there are more than 7,000 inmates - but not
enough room to house them all. They were incarcerated at the Newton County
Correctional Center in Newton, Texas, until August 2006, when they were moved
following allegations of abuse by guards to the Dickens County Correctional
Center in Spur, Texas. But Reinke, who took over in January, acknowledges his
agency didn't do enough to scrutinize conditions at Dickens before Idaho inmates
were shipped there. And from August 2006 to March 2007, Idaho prison officials
only visited the Dickens County facility one time. The March 4 suicide by Scot
Noble Payne, a convicted sex offender, and a subsequent investigation
illuminated conditions that one Idaho prison official described as "beyond
repair." One concern: There have been problems at Val Verde, too. Inmate LeTisha
Tapia killed herself there in 2004 after alleging she was raped by another
inmate and sexually humiliated by a guard. And a black guard accused his captain
of keeping a hangman's noose in his office and a photo of himself in a Ku Klux
Klan hood in his desk. Val Verde County has been forced to hire a full-time
prison monitor to keep a watch on prison operations as part of a settlement with
Tapia's family. Some family members of Idaho inmates now at Dickens told the AP
they're pleased Reinke is scrutinizing Val Verde personally. Still, they said
they're frustrated their relatives are being moved again - especially since many
problems at Dickens have been remedied since Payne's suicide in March. "Things
are OK now," said the wife of a sex offender who asked not to be identified by
name. "They don't want to move." Reinke has pledged to improve oversight of
conditions at Texas prisons through what he's calling a "virtual prison" that
his agency adopted earlier this week. It's modeled after a similar system in
Washington state, he said.
July 11, 2007 AP
As overcrowding in Idaho prisons intensifies, so have lobbying efforts and
campaign donations by private prison companies aiming to win new contracts -
both to house more inmates beyond state borders and to build a proposed
2,200-bed for-profit lockup. The GEO Group, a Florida-based prison operator in
15 states, entered Idaho politics in 2005, when it hired its first lobbyist,
according to a review of lobbying and campaign finance records by The Associated
Press. A year later, it divvied up $8,000 among three campaigns: Gov. C.L.
"Butch" Otter got $5,000, Lt. Gov. Jim Risch got $2,500, and former state Rep.
Debbie Field, who lost her House race last November, received $500. Field also
served as Otter's campaign manager and was later appointed by the new governor
as Idaho's drug czar. Since 2006, GEO has won contracts worth $8 million
annually to house more than 400 Idaho inmates in Texas, including at two prisons
where problems became so severe that Idaho demanded inmates be relocated.
Corrections Corp. of America, a Tennessee company whose 95,000-inmate private
prison system includes 1,500 prisoners at a prison south of Boise, gave nearly
$32,000 for the 2006 election to 29 Republican candidates, including $10,000 to
Otter, and $5,000 to the state Republican Party. CCA and GEO each hired two
lobbyists for the 2007 Idaho Legislature. Just one Democrat, Rep. Margaret
Henbest, D-Boise, received money from CCA - $300. The GOP dominates Idaho
politics, with 51 of 70 seats in the House and 28 of 35 seats in the Senate.
Steve Owen, a CCA spokesman, said his company makes political contributions to
candidates that support "public-private partnerships." "That's what we're in the
business of, and that's reflective of our participation in the political
process," Owen said, adding his company has run private prisons for nearly 25
years, including in Idaho, in a professional manner where standards can exceed a
state's own. "It has been a positive working relationship between the Idaho
Department of Correction and CCA." GEO spokesman Pablo Paez didn't return phone
calls seeking comment. Overcrowding in U.S. prisons, plus a federal push to
incarcerate more terrorists and illegal aliens, has benefited private prisons
that now oversee 140,000 inmates. Companies like GEO and CCA spent $3.3 million
between 2000 and 2004 on election campaigns in 44 states to ensure they profit
from this private prison boom, according to a 2006 study by the National
Institute for Money in State Politics, in Helena, Mont. Private prisons have
become a hot topic here, because of the problems at GEO's Texas prisons where
Idaho inmates are locked up to ease overcrowding at home. Abuse by guards at the
Newton County Correctional Center in eastern Texas prompted Idaho officials to
demand inmates be relocated in 2006 to the Dickens County Correctional Center.
Now, Idaho officials have called Dickens "filthy" and "beyond repair," prompting
a move to another GEO Texas prison. "The way the contractor makes the most money
is by providing the least amount of service," said Robert Perkinson, a
University of Hawaii professor who is writing a book on Texas prisons, including
privately run facilities. "It's an inherently problematic area of government to
privatize." Still, Idaho, with about 7,000 inmates, now has 256 more inmates
in-state than it has capacity for - even with about 430 already in Texas.
Efforts to develop sentencing alternatives to ease an expected 7 percent annual
increase in inmate numbers through 2010 will take time, so Department of
Correction Director Brent Reinke said alternatives are limited to moving inmates
elsewhere. Robin Sandy, Idaho Board of Correction chairwoman, said she met with
CCA officials in Idaho in June. They discussed a new contract with the state to
house 240 Idaho inmates in company prisons in Oklahoma - a contract worth about
$5 million annually - as well as prospects of the company winning a share of the
new 2,200-bed prison proposal that Reinke plans to introduce in September to
lawmakers. "It was a courtesy visit," Sandy said. Otter said he's also been in
discussions with private prison companies eager to do more business with the
state. Otter is a former J.R. Simplot executive who has said he wants to run
Idaho more like the private sector. "There's been a lot of that activity," Otter
told the AP. "During the legislative session, there were several organizations
that came in."
August 3, 2006 The Enterprise
Two dangerous Newton County Correction Center inmates escaped earlier this
year because a watchtower guard was too intimidated to shoot, according to a
tape recording obtained by The Enterprise. The guard in the tape admitted he
didn't fire his weapon June 12 despite seeing prisoners Rudolfo Garcia-Lopez and
Orlando Gonzalez-Leon scale the outer fence covered in barbed razor wire. The
recording was of the guard, who was then terminated, and Sheriff Joe Walker,
Chief Deputy Ricky Hall and an unnamed Texas Ranger. On watch in the northwest
tower near Texas 87, the guard had his firearm raised but didn't pull the
trigger. Walker, who conducted the taped interview, asked the guard why he
didn't shoot despite being less than 80 yards from the prisoners. "My timing was
slow, and I felt highly-ass intimidated," the guard said in the conversation
taped on a handheld digital recorder. Walker wouldn't identify the guard because
he didn't "want his name pulled through the mud." However, Walker did say the
guard could have stopped the prison break before it turned into a three-night
search. Garcia-Lopez and Gonzalez-Leon, both from Idaho, escaped at 6:30 p.m.
While law enforcement captured Gonzalez-Leon 90 minutes later, Garcia-Lopez was
on the loose for 56 hours and crossed the county line before Jasper police
detained him while he pedaled a stolen bicycle through the city. "There's 16,000
people in this county that elected him sheriff to protect them," Hall said to
the guard on the tape. "... From the way I look at it, you turned them loose on
my family." Prison guards and jailers can respond with deadly force to prevent
an inmate's attempted escape, Walker said. According to a Texas Commission on
Jail Standards official, the county sheriff and the jail administrators set a
jail's policy and procedure. Newton County owns the facility, but the Geo Group,
a private Florida-based company, manages it. In the tape, Walker said he held
the former guard responsible for the prison break. He could have shot one time
as a warning, at least, Walker said, and that would have been enough to knock
Garcia-Lopez and Gonzalez-Leon off the fence. "That probably would have changed
their mind about what they were doing," Walker said in the taped conversation.
"... My job is to put them in jail. This Texas Ranger, his job is to put them in
jail. It's them jailers out there at that penitentiary who keep their butts
inside those fences. I'm telling you, I hold you responsible because you should
have shot them." According to sheriff's department calculations, the prison
break and resulting manhunt cost at least $3,000 in deputy overtime hours, fuel,
food and water. Texas Department of Public Safety and state Parks and Wildlife
Department personnel also put in overtime hours. During a recent interview in
his office, Walker said another guard in the southwest prison tower saw the
escaped prisoners but couldn't get a shot at them without endangering another
guard who was circling the perimeter in a van. "She was right" for not shooting,
the sheriff said of the other guard. Walker said he had a meeting with prison
supervisors, instructing them to find "weak links" who are unwilling to perform
the job's entire duties, including shooting a gun to prevent a prison break. "I
hold their commissions, and I will dang sure sign off on them to F-5 them. F-5
means to terminate their commission," Walker said. "I'll do it." The prison
break was part of a string of episodes involving inmates since the Idaho
Department of Correction transferred 419 prisoners here in March to alleviate
prison overcrowding in their state. On April 7, an excessive use-of-force
incident ended with a supervisor's firing, an officer's demotion and another
officer's weeklong suspension without pay. Prisoners later engineered a sit-down
strike, insisting on butter for rolls and better television options. And on June
4, a deputy warden resigned after an excessive use-of-force incident May 30 in
which he punched an Idaho inmate, The Associated Press reported Wednesday. Idaho
prisoners are being transferred out to another Texas-located, Geo Group-managed
facility. In their place, Newton County and the Geo Group have agreed to house
400 Texas Department of Criminal Justice inmates.
July 25, 2006 Idaho Statesman
More than 400 Idaho inmates currently housed at a prison in Newton, Texas,
will be moved to two other prisons in the state, Idaho Department of Correction
officials announced Tuesday. The prisoners are being housed in Texas because
Idaho's prisons are overcrowded, and the move was prompted in part by a request
from GEO Group, the company that oversees all three of the Texas prisons. GEO
Group wanted the space at the Newton County Correctional Center for Texas
inmates, correction department officials said. The Newton facility has also been
the site of complaints from Idaho inmates and allegations of prisoner
maltreatment. "This is a temporary move," Idaho Department of Correction
Director Vaughn Killeen said. "We are currently in the process of developing a
long-term solution which includes bringing all Idaho inmates back to Idaho." The
inmates will move to the Bill Clayton Detention Center and to the Dickens County
Correction Center, both near Lubbock. The cost of keeping the inmates at those
centers will remain the same, at about $51 a day, officials said. Bringing all
of the out-of-state inmates back to Idaho is a top priority, but no definitive
timeline has been set, said department spokeswoman Melinda O'Malley Keckler. The
move will take place in the next two weeks, but the exact date is being withheld
because of security reasons, the department said.
November 30, 2005 AP
A Florida prison financing company is looking for business in Idaho, where it's
talking with state corrections officials about helping build new prisons,
including a proposed 400-bed treatment facility for drug offenders. Correctional
Properties Trust has met twice since May with officials including Department of
Correction Director Tom Beauclair. It hired lobbyist Roy Eiguren on Oct. 25 to
plug its agenda to state lawmakers, who would likely have to approve any such
transaction. Tight budgets, coupled with a growing prison population across the
United States, have prompted local and state governments in Idaho and elsewhere
to explore new ways of financing expanded correctional systems, according to
prison experts. Idaho's prison population has doubled - to nearly 6,700 - over
the last decade, and Beauclair wants the state to invest $180 million in coming
years to increase bed space. The Florida company is just one of the private
prison firms that have come calling in Idaho in recent months as word spread
that prison beds are growing scarce, said Don Drum, the Department of
Correction's support services administrator. Others include The GEO Group, a
prison management company based in Boca Raton, Fla., and Community Education
Centers, the New Jersey-based operator of drug-treatment centers that wants to
run Beauclair's proposed 400-bed facility for drug offenders that, according to
a mid-September budget request, would be built in southwest Idaho. If Idaho
lawmakers did opt for financing from Correctional Properties Trust, state
officials would prefer to retain ownership of any new prison, not lease from the
company as is the case with its existing 12 prisons, Drum said. Idaho owns all
eight of its correctional centers and fears leasing would sacrifice too much
control, he said. In North Carolina, where Correctional Properties Trust had
owned two prisons until 2004, similar concerns prompted that state to exercise
options to repurchase them for $51 million - instead of continuing to rent.
"As a state that operates 76 prisons, it just sort of made sense for us to
have everything operate the same way," said Keith Acree, spokesman for the
North Carolina Department of Correction. "It was far cheaper to buy them
than to keep leasing them for many, many years."
November 15, 2005 Casper StarTribune
When Idaho shipped 302 inmates to a private Minnesota prison last month, it was
only easing overcrowding: The state's prisons remain above capacity, and
Department of Correction officials appear likely to ask for a nearly $8 million
cash infusion during the upcoming 2006 Legislature to handle the overflow. With
a two-year contract, it'll cost Idaho about $1.1 million more to lock up its
prisoners at the prison in Appleton, Minn., run by the Corrections Corporation
of America. That's based on figures given by state officials on Oct. 27, when
they said it would cost $53 per day in Minnesota, compared to $48 in Idaho.
State prison officials, including prison system director Tom Beauclair, are
arguing that this added burden, which doesn't include the cost of transporting
inmates or keeping their records from afar, is another reason why Idaho should
invest $160 million in new prisons. As a stopgap measure, Beauclair is expected
in January to ask legislators for another $7.9 million for the current fiscal
year to cover the cost of housing overflow inmates both out-of-state and in
county jail cells. "Obviously the governor would prefer not to have to send
folks out of state," said Mike Journee, spokesman for Gov. Dirk Kempthorne,
in an interview with The Spokesman-Review newspaper. "That's a costly
remedy for the situation."
October 21, 2005 AP
More than 300 Idaho inmates will be housed in Minnesota under an
agreement with a private prison company, Idaho Department of Correction
officials announced Friday. The inmates will be transferred from Idaho
facilities to the Prairie Correctional Facility in Appleton, Minn., by the end
of the month. Housing the inmates in Minnesota will cost Idaho taxpayers $53 per
inmate per day, officials said. It costs about $48 per day to house an inmate in
an Idaho prison.
May 22, 2005 AP
A prison healthcare company from Saint Louis,
Missouri, has beaten out the existing provider of medical care for Idaho
Department of Correction prisoners. Correctional Medical Services will take over
duties at all Idaho prisons July 11th. It offered to provide inmates with
medical and dental care for nine-dollars and 75 cents per day per prisoner.
Teresa Jones, a D-O-C spokeswoman, says that was less than the bid of
Tennessee-based Prison Health Services. Idaho has roughly 64-hundred prisoners
across the state.
Department of
Correction Director Tom Beauclair is disappointed in the contractor providing
medical care to prison inmates and says his agency has launched three separate
investigations into employees of Prison Health Services. Beauclair
declined to elaborate on the investigations or complaints that precipitated
them. An official with Prison Health Services, which has a $12 million
contract to provide medical care to the state´s more than 5,820 inmates, denies
that Idaho prison inmates are being hampered from getting the medical services
to which they´re entitled. “We are doing a fine job out there,” said
Rod Holliman, a vice president for Prison Health Services. However,
Beauclair said that while the company is providing the health care to inmates
required by the U.S. Constitution, the work is still not up to par. “There
are concerns,” Beauclair said. “We have employee management issues,
communication issues and accountability issues,” Beauclair said of the
company. (Idaho Statesman, April 6, 2004)
August 23, 2002
Idaho prison administrators say the state needs to spend more than $146 million
to build prisons in the next two years to house one of the fastest-growing
inmate populations in the country. On top of that, they say it will cost
$145.8 million, about 12 percent more, to operate the Department of Correction
in the next fiscal year than it does now. Department of Correction
Director Tom Beauclair said projections show every bunk in every prison and jail
in the state will be full by September or October. That means the state
will have to ship prisoners out of state or build. "We just can't
keep building prisons," House Judiciary Vice Chairman Debbie Field,
R-Boise, said. She's working with Beauclair and other state leaders to
look at sentencing reform. (Idaho Statesman)
April 11, 2002
All 127 female prison inmates Idaho had been housing in New Mexico since January
2001 are back in Idaho. The final group arrived at the women's prison in
Pocatello late Tuesday from the McKinley County Adult Detention Center in
Gallup. Officials estimate that ending the housing contract in New Mexico
will save the state nearly $500,000 a year. (Idaho Statesman)
Idaho
Legislature
CCA, GEO Group
January 17, 2012 The Spokesman-Review
Minority Democrats in the Idaho Legislature announced three new ethics
reform proposals Tuesday and called on Republicans to work with them on the
bills - and the Republicans agreed. The Democrats called for requiring financial
disclosure from public and elected officials in the state, something only Idaho
and two other states lack; a bill to impose a one-year wait before former
lawmakers or other public officials could register as lobbyists; and a
whistleblower hotline law for state employees. The proposals came on the heels
of the Democrats’ call for Idaho to create an independent ethics commission; GOP
leaders agreed, and both sides have formed a bipartisan working group to draft a
consensus bill. On Tuesday, House Speaker Lawrence Denney and Senate President
Pro-Tem Brent Hill both said they’d like the working group to also consider the
three issues Democrats highlighted. “I think the working group ought to discuss
those things, see if they can come up with suggestions,” Hill said. “I’d just
encourage it.” Denney said he’s open to the ideas, including the one-year
lobbying restriction. “I don’t have a problem with that,” he said. “Let’s hear
it.” Idaho has had recent notable incidents of public officials turning to
lobbying; the state has no restrictions on such moves. The governor’s former
chief of staff is now walking the Statehouse halls as a lobbyist for Idaho Power
Co. and the Corrections Corp. of America, and the former deputy director of the
state Department of Insurance signed on to lobby this year for one of the
state’s largest insurance companies, Regence BlueShield, after years of
regulating the firm.
October 19, 2011 Idaho Statesman
After four years as Gov. Butch Otter’s top aide, Jason Kreizenbeck is
leaving to join forces with one of Idaho’s leading lobbyists, former Sen. Skip
Smyser. Kreizenbeck said leaving his $130,000 job is not a signal Otter won’t
seek a third term in 2014. “There’s an effective shelf life to this position and
I think I’ve hit it,” he said Tuesday. Kreizenbeck, 39, is affable, charismatic
and popular at the Legislature, with deep connections in the Republican
establishment. “You measure chief-of-staff age in dog years, not human years,”
said Kreizenbeck’s predecessor, Jeff Malmen, now a lobbyist for Idaho Power.
Details of his partnership with Smyser will be announced next month, but
Kreizenbeck said it’s “safe to assume” Smyser will continue to represent his
powerful clients, including cigarette and drug makers, an oil company, education
technology companies and AT&T. Smyser also represents two state contractors with
serious performance issues: Corrections Corp. of America, the operator of the
state’s violence-plagued private prison; and Molina Healthcare, widely
criticized by lawmakers for making late payments to Medicaid providers last
year.
October 12, 2010 Spokesman-Review
Idaho Gov. Butch Otter on Tuesday reported raising $752,000 in campaign funds in
the past four months, while his Democratic challenger, Keith Allred, raised
$372,500. With both candidates spending heavily on advertising as the campaign
season hits its peak, Otter reported $211,634 in cash on hand at the close of
the period on Sept. 30, while Allred reported $102,072. Otter’s campaign said he
has another $67,200 in contributions already committed, but not yet paid. “This
has been an incredible quarter for my campaign,” Otter said in a statement. “We
not only raised a significant amount of money, but the momentum going forward is
extremely high.” Allred had actually outraised Otter, the incumbent Republican
who’s seeking a second term, in the previous two reporting periods, but Otter
turned that around in the most recent period, which ran from June 5 through
Sept. 30. Year to date, Otter’s raised $1.04 million and spent $1.34 million,
but he also carried over $316,718 from the previous year. Allred, year to date,
has raised $732,640 and spent $757,532; he carried over $126,963 from the
previous year. Neither candidate reported any debt. Otter reported a slew of
contributions from big business interests in Idaho, with $10,000 year-to-date
from Coeur d’Alene Racing LP of Post Falls, through its “Winning for Idaho” PAC,
and $10,000 from Clear Springs Foods in Buhl topping the list. He also received
$4,500 from Corrections Corp. of America, which operates Idaho’s privately run
state prison south of Boise; $7,500 from M3 Eagle, a developer based in Phoenix,
Ariz; and $6,500 each from Hecla Mining, Idaho Truck PAC and Altria Corporate
Services of Sacramento, Calif., the parent company of the Philip Morris USA
tobacco firm.
April 14, 2010 Boise Weekly
Violent beatdowns at the privately run Idaho Correctional Center appear to have
subsided in recent weeks, in the wake of a class-action lawsuit against the
prison and shakeup of prison leadership, according to documents obtained by
Boise Weekly. The prison reported 17 inmate-on-inmate assaults in January and 15
in February, according to a tally of incident reports filed with the Idaho
Department of Correction. But there were only nine assaults reported in March
and only four since warden Phillip Valdez and assistant warden Daniel Prado were
replaced on March 17. A spokesman for Corrections Corporation of America, the
Nashville, Tenn.-based company that manages ICC, Idaho's largest prison, has
repeatedly declined to comment on the situation at the prison, citing the
lawsuit. But Idaho lawmakers are troubled by the levels of violence and
accusations in the American Civil Liberties Union lawsuit that assaults at ICC
were perpetrated with the full knowledge of--even collusion by--guards. "If
those things actually happened at ICC, I was not aware of it and I don't think
anybody in the Legislature was aware of it," said Republican Rep. Leon Smith of
Twin Falls, co-chairman of the House Judiciary Committee. "If it's proven that
they did those things, then they are going to pay big penalties." Democratic
Rep. Grant Burgoyne of Boise went even further, likening CCA to the actions of
private military contractors in Iraq. "I believe that it is not appropriate,
when it comes to the incarceration of people, that that be outsourced to a
private contractor," Burgoyne said. "There are certain core government services
that should be carried out by government officials." IDOC carried a bill through
the Idaho Legislature earlier this year that gives IDOC Director Brent Reinke
more authority to quell serious disturbances and riots at the privately run
prison and to quell "affrays and insurrections" as well. Several lawmakers noted
the timing of the bill, which was introduced just before the ACLU lawsuit was
filed, but a spokesman for IDOC said there was no connection. "Our intent with
the new legislation is to give the director statutory authority to intervene and
quell a serious disturbance," said prisons spokesman Jeff Ray. "We can't say
what the legislative intent was when they used the word 'affray.'" An affray is
a fight between two or more people in a public place. Monica Hopkins, executive
director of the ACLU of Idaho, said that the bill is a step in the right
direction, but does not affect the lawsuit. "I think IDOC has stepped up to the
plate and they have known that something is going on out there, because the bill
is bringing them into compliance with what the federal court will already tell
them," she said. The ACLU lawsuit details 23 serious assaults at ICC, going back
to November 2006, all of which, the attorneys allege, were preventable. There
were at least 43 inmate fights at ICC since Jan. 1 of this year, according to
incident reports obtained by Boise Weekly through a public information request
to IDOC. The Ada County Sheriff's Office was called only four times for inmate
battery investigations in that same time period, according to public information
officer Andrea Dearden, though there were other investigations for drugs found
at the prison and for an assault on two staff members. • On Jan. 18, sheriff's
deputies investigated the severe beating of Hanni Elabed, who has filed a
separate, $25 million claim against ICC and the state. The Ada County
Prosecutor's Office intends to file charges against the inmate who beat him,
according to Elabed's brother. • On Jan. 24, prison officials called the
Sheriff's Office, but deputies declined to investigate a battery report from a
fight that may have occurred three days prior. • On Jan. 26, deputies
investigated an assault on two prison staff members and forwarded charges to the
prosecutor. • On March 1, deputies investigated a fight with a weapon--described
by prison officials as a "sharpened edged weapon"--but the weapon was never
recovered. • And on March 10, deputies investigated at least three fights that
broke out in separate areas of the prison simultaneously. Also since Jan. 1, ICC
officials discovered marijuana four times, bags of homemade alcohol in a shower,
meth and at least two shanks. Idaho Gov. C. L. "Butch" Otter, through a
spokesman, declined comment on the ACLU lawsuit, but his attorney, David
Hensley, said Otter and IDOC are concerned about staff and prisoner safety at
ICC, as at any prison. "This situation, like any previous situation, warrants
our concern, and we've been looking at that," Hensley said. In 2007 and 2008,
Otter proposed allowing more privately run prisons to be built in Idaho, but
faced resistance from the Legislature, in part out of concern that out-of-state
inmates would be housed here. Since the privatization bill died in 2008, Idaho's
prison bed shortage has waned. Hundreds of inmates housed in other states have
been returned to Idaho, some now housed in a new wing at ICC. Otter has not
revived the idea of allowing privately owned and run lockups. "The governor has
been looking at cost effective ways to address the trends and recently we have
seen the trends either stagnant or, in the last few months, we've even seen a
decrease," Hensley said. But for Hanni Elabed's family, the lack of transparency
and public oversight at the private prison is inexcusable. Elabed's older
brother, Zahe Elabed, said guards put his brother in a cell with white
supremacists despite threats against his Arab heritage, failed to notify his
parents when he was left convulsing on the floor after being beaten against a
wall and stomped more than 30 times, would not allow family visits or provide
information on his condition over the phone and were rude. "I think they need to
do away with it, I think it's really unfair for any prisoner to be in there
now," Zahe Elabed said. "You have to be a gladiator to survive in there."
March 8, 2010 Idaho Reporter
Proposals could help offenders needing treatment, prisons dealing with riots An
Idaho Senate committee approved two proposals from the Idaho Department of
Correction (IDOC) that would give IDOC more authority in dealing with placing
prisoners in substance abuse treatment and quelling riots and other serious
disturbances in private facilities. IDOC director Brent Reinke said the moves
could save Idaho money in prisoner costs and potential lawsuits. The first
proposal would give Idaho courts and IDOC more time to allow inmates to complete
substance abuse treatment rather than serve a full prison sentence. It would
extend the current 180-day period of suspended judgment to 365 days. During that
time, IDOC could place prisoners in programming including substance abuse
treatment that could shorten their overall prison stay. “We are not looking to
do anything but set the stage for better programming for our inmates,” Reinke
said. IDOC currently has one short-term programming option lasting 120 days, but
the department is looking to expand to three options that span from 90 and 270
days. Reinke said having more offenders go through shorter-term programming
rather than serving an entire prison term, which lasts an average of 2.7 years,
means the state could slow its population growth by 400 inmates a year. “If an
inmate goes through this program, he wouldn’t have to do what I’d call ‘hard
time’ in a penitentiary,” said Sen. Les Bock, D-Boise. The second proposal would
allow IDOC to set up procedures for dealing with violent incidents at private
prison facilities, including the Idaho Correctional Center (ICC) in Boise. Those
serious disturbances include riots, escapes, fights, and insurrections. The
legislation would let IDOC renegotiate its contract with the Corrections
Corporation of America, the private company that runs ICC. The legislation would
give Reinke more oversight on private facilities dealing with disturbances and
would allow for employees at private prisons to use extreme and deadly force to
stop incidents. “It wasn’t clear that the department had the authority to
intervene at a private correctional facility,” said Paul Panther, a deputy
attorney general for IDOC. Panther said that CCA has agreed to the legislation.
Reinke said IDOC needs to prepare for emergencies, and that’s it’s only a matter
of time before there are disturbances at Idaho’s private prisons. “We now have
six facilities in the south Boise (ICC) complex and we have many, many gang
members incarcerated in that area,” he said. “That is an area that has us
concerned.” The Senate Judiciary and Rules Committee approved both of Reinke’s
proposals on a unanimous voice vote. Both pieces of legislation now head to the
Senate floor. The suspended judgment legislation is available here and the
disturbances in private prisons legislation is available here.
May 7, 2009 AP
Gov. C.L. ``Butch'' Otter is backing off plans to privatize the state prison
in Orofino. Otter and correction officials say it's not the right time to hand
over management of the Idaho Correctional Institution at Orofino to a private
company. Otter confirmed in January that officials were considering the idea to
save money. The 500-bed facility has about 140 employees and 25 contractors,
making it a major source of local jobs in Clearwater County. But in its review,
correction officials identified several key economic factors provided by the
prison and its inmates, including community service work crews and firefighting
roles. Those services could have been discontinued by a private contractor.
Robin Sandy, chairwoman of the Board of Correction, says the economic benefits
to the region and firefighting industry outweighs the need to privatize Orofino.
January 16, 2009 The Olympian
Gov. C.L. "Butch" Otter appointed Republican Melinda Smyser to the District 11
Senate seat, where she'll replace Brad Little following his elevation to
lieutenant governor. Smyser is a 50-year-old GOP activist from Parma who was
president of the Idaho Federation of Republican Women in 2008. Otter chose
Smyser over Caldwell farmer Sid Freeman and three-term state Rep. Carlos Bilbao,
R-Emmett. The governor named Little, from Emmett, earlier this month as his
lieutenant governor, to replace Jim Risch after his U.S. Senate election. Smyser
is married to Charles "Skip" Smyser, a former state House and Senate member who
is a lobbyist for private prisons, tobacco companies, the Idaho Trucking
Association and mining companies.
September 21, 2008 Times-News
Pam Drashner visited her husband every weekend in prison, until she was
turned away one day because he wasn't there. He had been quietly transferred
from Boise to a private prison in Sayre, Okla. She never saw him again. In July,
she went to the Post Office to pick up his ashes, mailed home in a box. He died
of a traumatic brain injury in Oklahoma, allegedly assaulted by another inmate.
David Drashner was one of hundreds of male inmates Idaho authorities have sent
to private prisons in other states. About 10 percent of Idaho's inmates are now
out-of-state. The Department of Correction say they want to bring them all home,
they simply have no place to put them. Drashner, who was 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, and was the first this year.
On Aug. 18, Twin Falls native Randall McCullough, 37, apparently killed himself
at the Bill Clayton Detention Center in Littlefield, Texas. McCullough, serving
time for robbery, was found dead in his cell. IDOC officials say he left a note,
though autopsy results are pending. His family says he shouldn't have been in
Texas at all. "Idaho should step up to the plate and bring their prisoners
home," said his sister, Laurie Williams. Out of Idaho -- Idaho has so many
prisoners scattered around the country that the IDOC last year developed the
Virtual Prison Program, assigning 12 officers to monitor the distant prisons. In
2007 Idaho sent 429 inmates to Texas and Oklahoma. This year; more than 700 -
and by one estimate it could soon hit 1,000. But officials say they don't know
exactly how many inmates may hit the road in coming months. The number may
actually fall due to an unexpected drop in total prisoner head-count, a
turnabout attributed to a drop in sentencings, increased paroles and better
success rates for probationers. The state will also have about 1,300 more beds
in Idaho, thanks to additions at existing prisons. State officials say bringing
inmates back is a priority. "If there was any way to not have inmates
out-of-state it would be far, far better," said IDOC Director Brent Reinke, a
former Twin Falls County commissioner, noting higher costs to the state and
inconvenience to inmate families. Still, there's no end in sight for virtual
prisons, which have few fans in state government. "I do think sending inmates
out-of-state is counter-productive," said Rep. Nicole LeFavour, D-Boise, a
member of the House Judiciary, Rules and Administration Committee. LeFavour
favors treatment facilities over prisons. "We try to make it (sending inmates
out-of-state) a last resort, but I don't think we're doing enough." Even
lawmakers who favor buying more cells would like to avoid virtual lockups. "It's
more productive to be in-state," said Sen. Denton Darrington, R-Declo, chairman
of the Senate Judiciary and Rules Committee, who said he would support a new
Idaho prison modeled after the state-owned but privately run Idaho Correctional
Center (ICC). "We don't want to stay out-of-state unless we have to ��- It's
undesirable." A decade of movement -- Idaho has shipped inmates elsewhere for
more than a decade, though in some years they were all brought home when beds
became available at four of Idaho's state prisons. The 1,500-bed ICC - a
state-owned lockup built and run by CCA (Corrections Corporation of America) -
also opened in 2000. But that wasn't enough: "It will be years before a
substantial increase in prison capacity will allow IDOC to bring inmates back,"
the agency said in April. In 2005, former IDOC director Tom Beauclair warned
lawmakers that "if we delay building the next prison, we'll have to remain
out-of-state longer with more inmates," according to an IDOC press release. That
year inmates were taken to a Minnesota prison operated by CCA, where Idaho paid
$5 per inmate, per day more than it costs to keep inmates in its own prisons.
"This move creates burdens for our state fiscally, and can harden our prison
system, but it's what we must do," IDOC said at the time. "Our ability to
stretch the system is over." Attempts to add to that system have largely failed.
Earlier this year Gov. C.L. "Butch" Otter asked lawmakers for $191 million in
bond authority to buy a new 1,500-bed lockup. The Legislature rejected his
request, but did approve those 1,300 new beds at existing facilities. Reinke
said IDOC won't ask for a new prison when the next Legislative session convenes
in January. With a slow economy and a drop in inmate numbers, it's not the time
to push for a new prison, he said. Still, recent projections for IDOC show that
without more prison beds here, 43 percent of all Idaho inmates could be sent
out-of-state in 2017. "It's a lot of money to go out-of-state," Darrington said.
Different cultures -- One of eight prisons in Idaho is run by a private company,
as are those housing Idaho inmates in Texas and Oklahoma. The Bill Clayton
Detention Center in Texas is operated by the Geo Group Inc., which is managing
or developing 64 lockups in the U.S., Australia and South Africa. The North-Fork
Correctional Facility in Oklahoma is owned and operated by CCA, which also has
the contract to run the Idaho Correction Center. CCA houses almost 75,000
inmates and detainees in 66 facilities under various state and federal
contracts. Critics of private prisons say the operators boost profits by
skimping on programs, staff, and services. Idaho authorities acknowledge the
prisons make money, but consider them well-run. "Private prisons are just that -
business run," Idaho Virtual Prison Program Warden Randy Blades told the
Times-News. "It doesn't mean out-of-sight, or out-of-mind." Yet even Reinke
added that "I think there's a difference. Do we want there to be? No." The
Association of Private Correctional and Treatment Organizations (APCTO) says on
its Web site that its members "deliver reduced costs, high quality, and enhanced
accountability." Falling short? Thomas Aragon, a convicted thief from Nampa, was
shipped to three different Texas prisons in two years. He said prisons there did
little to rehabilitate him, though he's up for parole next year. "I'm a
five-time felon, all grand theft and possession of stolen property," said
Aragon, by telephone from the ICC. "Apparently I have a problem and need to find
out why I steal. The judge said I needed counseling and that I'd get it, and I
have yet to get any." State officials said virtual prisons have a different
culture, but are adapting to Idaho standards. "We're taking the footprint of
Idaho and putting it into facilities out-of-state," Blades said. Aragon, 39,
says more programs are available in Idaho compared to the Texas facilities where
he was. Like Aragon, almost 70 percent of Idaho inmates sent to prison in 2006
and 2007 were recidivists - repeat IDOC offenders - according agency annual
reports. GEO and CCA referred questions about recidivism to APCTO, which says
only that its members reduce the rate of growth of public spending. Aragon said
there weren't enough case-workers, teachers, programs, recreational activities
and jobs in Texas. Comparisons between public and private prisons are made
difficult because private companies didn't readily offer numbers for profits,
recidivism, salaries and inmate-officer ratios. 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: "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 have grown from
the way they have been sent to the prisons. Inmates describe a horrific bus ride
from Idaho to Oklahoma in April in complaints collected by the American Civil
Liberties Union in Boise. The inmates say they endured painful and injurious
wrist and ankle shackling, dangerous driving, infrequent access to an unsanitary
restroom and dehydration during the almost 30-hour trip. "We're still receiving
a lot of complaints, some of them are based on retaliatory transfers," said ACLU
lawyer Lea Cooper. IDOC officials acknowledge that they have also received
complaints about access to restrooms during the long bus rides, but they
maintain that most of the inmates want to go out-of-state. Many are sex
offenders who prefer the anonymity associated with being out-of-state, they
said. Unanswered questions -- Three deaths of Idaho interstate inmates in 18
months have left families concerned that even more prisoners will come home in
ashes. "We're very disturbed about...the rate of Idaho prisoner deaths for
out-of-state inmates," Cooper said. It was the razor-blade suicide of
sex-offender Scott Noble Payne, 43, in March 2007 at a Geo lockup in Dickens,
Texas that caught the attention of state officials. Noble's death prompted Idaho
to pull all its inmates from the Geo prison. State officials found the facility
was in terrible condition, but they continue to work with Geo, which houses 371
Idaho inmates in Littlefield, Texas, where McCullough apparently killed himself.
Noble allegedly escaped before he was caught and killed himself. Inmate Aragon
said he as there, and that Noble was hog-tied and groaned in pain while guards
warned other inmates they would face the same if they tried to escape. Private
prison operators don't have to tell governments everything about the deaths at
facilities they run. The state isn't allowed access to Geo's mortality and
morbidity reports under terms of a contract. Idaho sent additional inmates to
the Corrections Corporation of America-run Oklahoma prison after Drashner's
husband died in June. IDOC officials said an Idaho official was inspecting the
facility when he was found. IDOC has offered few details about the death. "The
murder happened in Oklahoma," said IDOC spokesman Jeff Ray, adding it will be up
to Oklahoma authorities to charge. Drashner said her husband had a pending civil
case in Idaho and shouldn't have been shipped out-of-state. She says Idaho and
Oklahoma authorities told her David was assaulted by another inmate after he
verbally defended an officer at the Oklahoma prison. Officers realized something
was wrong when he didn't stand up for a count, Drashner said. "He was healthy.
He wouldn't have been killed over here," she said.
February 25, 2008 AP
Gov. C.L. "Butch" Otter said Monday he's abandoned efforts to completely
privatize Idaho's new prisons, yielding to lawmakers who weren't ready to let a
company control a state correctional facility. Idaho still needs a new prison,
but Otter will accept an arrangement in which the state owns the building and
contracts with a company to run it. That's akin to the existing operation at the
Idaho Correctional Center south of Boise. Otter, a former businessman, had since
January been trying to sell lawmakers on allowing a private prison company such
as Corrections Corp. of America, based in Tennessee, or The GEO Group, of
Florida, to build a prison, own it and operate it. But many legislators said
they felt a companion proposal that would have allowed companies to bring
prisoners to Idaho from other states would mean giving up too much control over
a necessary state function. "I've sent them a very strong signal I'm prepared to
let that be owned by the state," Otter said. "One of the things we're looking at
is a lease-purchase. I've done that many times in the private sector." Already
this year, the House and Senate passed a lease-purchase agreement in which Idaho
will pay $50.4 million over 20 years to a Utah-based company to build a 400-bed
drug treatment prison. In 20 years, Idaho will own the building. Another option
would be for the state to sell bonds, much as it did to pay for the ICC
facility. Still, Otter has said he fears that could strain financing capacities
and put a dent in Idaho's top-notch rating with credit agencies. Idaho now wants
to build a 1,500-bed prison, smaller than a 2,100-bed facility proposed last
year, to help accommodate the 9,400 inmates it expects to have in its system by
2012, up from about 7,400 now, said Brent Reinke, prisons director. He didn't
provide a dollar figure for the smaller prison, although the state estimated the
2,100-bed version would have cost $250 million. Currently, the agency has prison
beds for just 6,300 inmates, so it's shipped about 500 to Texas and Oklahoma,
with others housed in county jails across Idaho. Prison companies had lobbied
for Idaho to change its laws to allow for a privately owned, privately run
prison to be built here and to allow companies to bring inmates from elsewhere
to fill vacant beds. CCA and GEO have given at least $40,000 in campaign
contributions to Republican lawmakers in recent elections, including at least
$15,000 to Otter's 2006 gubernatorial race. After learning Otter has retreated
from his original private prison plans, some lawmakers who had resisted his
arguments said they're now eager to move ahead with building another state
prison that will help bring Idaho inmates home from lockups thousands of miles
away. "I'm delighted with that," said Rep. Maxine Bell, R-Jerome and co-
chairwoman of the Joint Finance-Budget Committee. "We do need a new prison."
Idaho could tap some of the $60 million in a state economic emergency fund to
help start the project, Bell said.
November 3, 2007 AP
Gov. C.L. "Butch" Otter has proposed spending more than two-thirds of a state
emergency fund on five water projects and to renovate a warehouse so it can hold
prison inmates. Together, the projects would cost $10.9 million out of the $15
million fund set aside in March for an unspecified "economic emergency." The
largest project would have the state pay $6 million to farmers who pump
groundwater if they agree to leave up to 20,000 acres fallow. The unused water
would be used in a pilot program seeking to boost levels of the dwindling
Eastern Snake Plain Aquifer. In addition, Otter wants to use $2.5 million to
begin renovations on a warehouse at the Idaho Correctional Center south of
Boise. The project would create 304 new beds to help relieve prison
overcrowding. Otter aides said the proposals are still in the development phase.
"We've got a skeleton but we're still trying to put some meat on the bones," Jon
Hanian, his press secretary, told the Twin Falls Times-News. As the 2007
Legislature drew to a close in March, lawmakers approved setting aside $15
million of Idaho's budget surplus for a possible economic emergency, without
saying what it might be. Five Republicans control the money and must agree if
it's to be divvied up before the 2008 Legislature meets in January: Otter;
Senate President Pro Tem Bob Geddes, of Soda Springs; House Speaker Lawerence
Denney, of Midvale; Rep. Maxine Bell, of Jerome; and Sen. Dean Cameron, of
Rupert. On Friday, Bell said she needed more information about the water
projects before she'd agree to use the money. In particular, Bell said
groundwater pumpers _ who may be forced to pay thousands in future maintenance
costs to continue Otter's proposals _ should be given a chance to weigh in. She
also wants to hear from Clive Strong, a water lawyer with the state attorney
general, and Department of Water Resources Director David Tuthill, who was
briefed on the projects but didn't help develop them, according to his agency.
"I appreciate the governor's efforts, but I wonder if there couldn't be a few
more people at the table _ especially with the money that will be needed
afterward to maintain these projects," Bell told The Associated Press. "I began
to think this was too serious a situation to be done just within the governor's
office." In addition to the $6 million water conservation plan, Otter's projects
include $1.7 million to reuse water from several ponds near Twin Falls for
irrigation and diversion into a creek. A separate $182,000 project would provide
water from the Alpheus Creek spring to the city of Twin Falls. And $521,000
would be used to build a spring-water collection system to ship more water to
trout producer Clear Springs Foods Inc. The company has sued groundwater pumpers
for water it says they are using illegally. Lynn Tominaga, head of the Idaho
Ground Water Appropriators, didn't immediately return phone calls seeking
comment. Also part of Otter's plan, Corrections Corporation of America, the
Tennessee-based private prison company that runs the Idaho Correctional Center,
would use $2.5 million to do planning, preparation and limited construction on a
43,000-square-foot warehouse that currently houses prisoners who do contract
work for private companies. That project would mean the loss of about $1 million
in annual prison industries revenue. But it would add beds and expand the prison
sewer system, according to the Department of Correction. Still, some lawmakers
said it hardly sounded like an economic emergency that necessitates action
before the Legislature returns to Boise in January. "My initial reaction is
unless someone can justify why it would be an emergency to move right now, it's
better suited to have those proposals brought before the Legislature and
addressed during the upcoming session," Cameron said.
October 25, 2007 AP
Idaho's prison population could surge by more than 5,500 over the next decade,
and lawmakers are split on whether to have the state step in and build new
lockups, or let the expanding private corrections industry handle the overflow.
The urgency is growing, as Idaho inmates shipped elsewhere have alleged poor
treatment, and one killed himself in Texas in March. Gov. C.L. "Butch" Otter, a
Republican, leans toward paying companies such as The GEO Group, based in
Florida, or Tennessee's Corrections Corporation of America, to build and run
prisons with thousands of new beds to house an inmate population of 7,200 that's
growing at 7 percent annually. The private sector can do it faster and cheaper,
he said. "A new prison built and owned by the state would take longer to
construct, according to our experts," Otter said in an e-mail. "We have been
told 18 to 24 months on the private side versus three to four years on the
public side. We have an immediate need that needs addressing." Meanwhile,
members of Otter's party, including Rep. Maxine Bell, GOP chairwoman of the
budget committee that controls money spent on prisons, would rather have Idaho
build its own prisons. She said that letting a for-profit company take charge
could mean losing control over how the state rehabilitates criminals, 90 percent
of whom will eventually be released. "The governor has a good strong philosophy
on private and public cooperation," said Bell, R-Jerome. "But in this situation,
where you allow somebody to come in and build, and bring in other prisoners from
other states, I don't see it. I want to have control over contracts for medical
care, education, things we need to do to get them clean and out in society
again." Idaho now owns all its prisons and operates all but one; Corrections
Corporation of America runs the 1,500-bed Idaho Correctional Center near Boise.
But as prisoner numbers grow, the state is sending more and more prisoners
elsewhere, with 540 now in Texas and Oklahoma at a cost of $13 million a year.
Carter Goble Lee, a consultant hired this year, told Idaho Department of
Correction Director Brent Reinke his agency needs room for 5,560 more inmates
over 10 years, at a price tag of $1 billion dollars. Even with 650 new prison
beds in the works and additional proposals for 700 more beds slated to be
introduced in the 2008 Legislature, Reinke said that's not enough. "We need a
new prison for Idaho and we need to get that operationalized as soon as
possible," Reinke said, in an interview earlier this month. Idaho inmates
shipped elsewhere since 2005 have bounced from prison to prison in three states.
Reinke concedes officials didn't monitor their treatment properly, leading to
conflicts with guards and poor conditions in Texas. One inmate, Scot Noble
Payne, killed himself at the GEO-run Dickens County Correctional Center in Spur,
Texas; an Idaho investigator who inspected his cell said conditions there may
have contributed to his suicide. In August, his mother, Shirley Noble, lodged a
$500,000 claim against Idaho for her son's March 4 death. She also testified
earlier this month at hearings in the Texas Legislature against shipping
prisoners thousands of miles from home to private facilities. It separates them
from their families and leaves them vulnerable to companies that cut corners to
boost profit, she said. "It seemed there was no end to the degradation he and
other prisoners were to endure with substandard facilities," Noble said at Oct.
12 hearings in Austin, Texas. As Idaho's prisons bulge, however, private
companies are eager to cash in here, too. In 2006, GEO and Corrections
Corporation of America handed out $40,000 in campaign contributions to more than
30 GOP lawmakers and one Democrat, in hopes of winning favor on possible new
prison-building contracts. Some lawmakers are heeding the call: Rep. Jim Clark,
R-Hayden, wants to make building an Idaho prison more attractive to the firms.
He's drafting legislation that would let private prison companies bring inmates
from other states to facilities they might build in Idaho, to guarantee their
beds will be filled. Steve Owen, a spokesman for Corrections Corporation of
America, said such laws provide assurances for companies like his that they can
fill beds in their prisons -- even if there isn't demand from the state where
the prison is located. "It helps us keep that operation financially viable
during those time frames when the state is not utilizing the facility," Owen
said. GEO didn't return calls seeking comment. Not everybody is convinced
bringing other states' inmates to private prisons here would be a good idea.
While Corrections Corporation of America may be doing a good job running the
prison near Boise, the problems that inmates like Payne encountered at GEO's
prison in Texas are a sign that duplicating such out-of-state shipments in Idaho
could pose new headaches, said Sen. Mike Burkett, D-Boise. "The question is,
what kind of individuals are we getting from other states, and where they are
going to land once they finish their term?" said Burkett, a member of the Senate
committee that helps set prison policy. "I'm willing to listen to arguments why
a private prison would be better. But it's not just the money. Having an
Idaho-run prison has advantages in our ability to control it and maintain the
quality."
September 12, 2007 Boise Weekly
There's little to no distinction in the world of private prisons, a place where
capitalism meets public service. It's an industry based on keeping people locked
up, and doing it as efficiently as possible. It's also an industry that
generates lots of controversy. While some argue that privately owned and
operated prisons allow government agencies to deal with increasingly overcrowded
prison systems and dwindling budgets, others say that introducing the element of
profit into the management of incarcerated people leads to corruption,
mismanagement and mistreatment of prisoners. "You shouldn't introduce a profit
margin and a profit motive into a prison," said Christie Donner, executive
director of the Colorado Criminal Justice Reform Coalition. "The industry as a
whole shouldn't exist." But it's an industry that may be expanding into Idaho if
some state leaders get their way. Gov. C.L. "Butch" Otter has asked lawmakers to
begin drafting legislation that would allow privately owned and operated prisons
to go to work in Idaho. There are currently no private facilities in the state,
although the Idaho Correctional Center in Kuna is managed by the Correction
Corporation of America of Tennessee. CCA is the largest private prison business
in the country, ranking just behind the federal prison system. The company owns
41 prisons nationwide, and manages another 24 facilities in 19 states and
Washington, D.C., for a combined total of roughly 75,000 beds. To pave the way
for their Idaho entry, a work group made up of lawmakers, Idaho Department of
Corrections officials and industry representatives are in the early stages of
drafting legislation that will be introduced in the next legislative session.
"[It would] set the stage for a private firm to come into the state of Idaho and
create a facility that the firm would own and operate," said Brent Reinke,
director of the Idaho Department of Corrections. "Truly, Gov. Otter is very
insistent in this area and has been very, very outspoken and there's no doubt at
all the way he wants to proceed," Reinke said. "We have a critical need right
now to do something immediately to address the [prison] population crisis that
we're seeing," said Jon Hanian, Otter's press secretary. "When you're talking
about a private prison vs. a state-run one, building one, you're talking about
up to four years on the state-run side vs. 18 to 24 months. The private side is
going to be a more immediate impact." Hanian said Otter's priority was to get
prisoners now housed in out-of-state facilities back in the state. Until Idaho
has more room, Hanian said, "our hands are tied on that." Otter has vowed that
any agreement reached with a private company would include stipulations that the
state has a first right of refusal on any beds, and could bump any out-of-state
inmates if the space is needed. It's not so cut and dried for opponents of the
industry, though. "The bottom line for the private prison industry is to make a
profit," said Ken Kopczynski, executive director of the Private Corrections
Institute, a Florida-based group that opposes the private prison industry. "They
give you a snow job about rules and training. They have to provide a profit, and
they actually turn quite a profit for quite a few years. "They do a very good
P.R. job," he said. A key part of that public relations campaign is to make
inroads with politicians in states targeted by the industry as likely locations
for expansion. Opponents of private prisons are full of stories of corrupt
officials and lobbyists serving as advisers for the state, including a college
professor in Florida who served as a state adviser on the private prison
industry while that industry funded his professional research. There's also
Manny Aragon, former president of the New Mexico Senate, who was indicted by a
jury in April for an alleged kickback scheme. "There's going to be more of it
when it's [in Idaho]," said Kopczynski. "They're not stupid. Most of these folks
[private corrections company leaders] come out of government anyways." The
industry has already made its first foray into the wallets of Idaho politicians.
According to campaign finance reports filed with the state, both CCA and GEO
Group, the two largest private prison operators, donated $5,000 to Otter's 2006
campaign for governor. But Hanian said there is no impropriety in Otter's
interest in private prisons. "There is no quid pro quo when it comes to any
campaign contribution the governor has received and the establishment of state
policy. None," Hanian said. "He bases every decision solely on its merits."
Reinke said he doesn't feel there's any undue influence within the state
government. "It's very important that we have the system in place so that it is
competitive, and everything is done in the light of day. That's a challenge
we're faced with," he said. The Texas Connection -- Idaho has already had
experience with the industry. Some 750 of Idaho's roughly 7,300 inmates are
housed in private prisons in Texas and Oklahoma, and plans call for another 240
to be moved by the end of the year, according to Reinke. Another 500 are being
housed in county facilities. "Our needs are very significant," Reinke said.
Idaho's prison population has been growing by roughly 6.5 percent annually, and
Reinke estimates it will take an additional 2,000 to 3,000 beds to meet the
state's short-term needs. "What I'm concerned with right now is bed capacity,"
Reinke said. "This is not a new need." If the prison population continues to
increase at the same rate, Reinke said the state will need several new
facilities within the next 10 years. "We need to do what we can to meet the need
of Idahoans within the state of Idaho," he said. "The longer we wait on this,
the longer the inmates are going to be out of state." Currently, Idaho has eight
prisons, four community work centers and 22 probation and parole district
satellite offices. The state corrections agency employs roughly 1,500 people.
While moving inmates to out-of-state facilities with extra room seems to offer
some relief for Idaho prison managers, the practice hasn't been without its
problems. Idaho's troubles with private prisons began when they shipped 302
prisoners to a private prison in Minnesota in October 2005. After space ran out
at the Minnesota prison in August 2006, the Idaho inmates were sent to two
facilities in Texas, one of which was the Dickens County Correctional Facility
in Spur, Texas, a private prison owned by GEO Group. In March, according to news
reports, Idaho inmate Scot Noble Payne committed suicide. In letters to family,
he placed the blame for his depression on the unsanitary conditions at the
prison and the poor treatment by staff. While Idaho officials plan to move the
56 inmates remaining at the Dickens County facility by the end of the year, they
will be transferred to another Texas facility owned by the same company. It's
just the latest of the state's problems stemming from housing prisoners out of
state—a list that includes riots and escapes at a private prison in Louisiana in
1997. Those who oppose private prisons say these sort of problems are indicative
of the industry as a whole. "Why does your governor think having a private
prison in Idaho is going to be any different than the mess they had in Texas?"
Kopczynski said. Among his and Donner's chief concerns is the hiring of
untrained correctional officers, who they say are paid wages below that of their
public sector counterparts. This, coupled with poor training, leads to prisoner
abuses, poor conditions, high employee turnover and an unwillingness to respond
in the face of a dangerous situation, they believe. "The problems we have had in
Colorado are around some of the tactics of private prisons use to make money:
smaller staff, fewer programs, lower pay," said Donner. "If you want a riot,
that's a great strategy." "There's no institutional knowledge," said Kopczynski.
"You don't know your elbow from a hole in the ground when it comes to
correctional work." Industry representatives vehemently disagree. "That's
completely baseless," said Steven Owen, director of marketing for CCA. "It's
absolutely, categorically false." Owen argues that all employees of CCA meet the
training standards of the American Correctional Association, the largest
correctional trade association in the world, and because of contractual
agreements with the states they serve, must have as much training as
correctional officers in public facilities. When it comes to wages, Owen said
it's a philosophical difference. "Generally, in a state correctional system,
it's a one-size-fits-all starting salary for a correctional officer," he said. "CCA
prices salary and wages by the facility. We compete with the labor pool in the
area around the facility. "Critics like to focus in on wages," Owen said. "We
are competitive in the locations where we operate." He added that wages for
mid-management positions are typically much higher than in the public sector. A
2003 report published by Corporate Research Project of Good Jobs First and
Prison Privatization Report International—both corporate watchdog groups—stated
that CCA has managed to stem the tide of negative publicity. But the report
didn't have a favorable overview of the company. "CCA has built a reputation
marred by numerous instances of scandal, mismanagement, alleged mistreatment of
prisoners and its own employees, attempted manipulation of public policy and a
proliferation of questionable research. Its record is a clear example of how the
pursuit of profit stands in the way of carrying out a core public function such
as corrections. CCA has succeeded in staying in business for two decades, but it
has not succeeded in demonstrating that prison privatization makes sense," the
report reads. From CCA's perspective though, the advantages are clear and
numerous. "We try to operate as well as, or better than, our public
counterparts," Owen said. "We don't have some of the bureaucracy that can
sometimes get in the way of government processes." It's the company's size that
Owen said gives it an advantage, not only with purchasing power for goods, but
with the ability to get a new facility up and running quickly. "It takes three
to five years for the state to have to go through the legislative process," Owen
said. "We can bring a new facility on line in 12 to 18 months." He said a
privately owned prison also saves taxpayers the cost of the capital investment.
Typically, the states pay CCA on a per-prisoner, per-day basis depending on the
level of programs required by the state contract, as well as the level of
security needed. "It's the capacity that we bring on line that relieves
overcrowded systems," he said. "It helps existing systems to become safer and
more efficient." Since the company typically hires much of its workforce from
the local community, Owen said there's a strong economic impact. "We want to do
business in places where we're wanted," he said. Apparently, Idaho ranks among
those places. Owen said CCA has had a good partnership with the state since the
Idaho Correctional Center opened in 2000. He said if the law should change, the
company would be interested in building a facility in the state. Problems Behind
the Bars -- One of the biggest issues for critics of the private prison system
is the practice of moving prisoners out of state. For many, separating inmates
from their families and familiar environments only leads to more problems and
creates an unending cycle of prisoners returning to jail. "They're doomed to
re-offend," said Frank Smith, national field coordinator for the Private
Corrections Institute. "They're estranged from their families and support
systems. It's a futile effort. It's life on the installment plan. It drains tax
money, and they're never rehabilitated." If prisoners from other states are
involved in conflicts, there are jurisdictional issues, Donner said. "If
prisoners from other states have problems, it's in your jurisdiction," she said.
"Now they have to be under your cost." Owen said CCA does extensive work
assimilating prisoners brought from out of state. Including sending staff to
their home state to learn about the habits and cultural practices of the
inmates. "It's worked well for us," he said. But that doesn't always seem to be
enough. In 2004, one of the largest prison riots in recent Colorado history took
place at the Crowley County Correctional Facility, a prison owned by CCA.
Apparently, the incident was touched off by tensions between a group of inmates
from Washington state and prison staff. A general feeling of unrest spread
through the prison, and more than 1,000 inmates rioted. In the end, 13 prisoners
were injured. Following the incident, a state investigation placed the blame on
staff shortages and inexperience. Additionally, the final report stated that the
prison's emergency plan was not effective and that basic security measures
weren't followed. CCA also took flak because the company's incident commander
refused an order from state officials to use gas to quell the riot, until he had
approval from the parent company. CCA was recently fined by the state of
Colorado for continued understaffing. Fines totaled $23,000 for leaving 157
shifts unfilled at the Crowley facility, $103,743 for 701 unfilled shifts at the
Kit Carson Correctional Center and $2,651 for 18 shifts at the Bent County
Correctional Facility.
May 19, 2006 Capital Press
The two Democrats and four Republicans facing off in the May 23
gubernatorial primary list a wide variety of endorsers, financial contributions
and expenses. C.L. “Butch” Otter, Republican, said his supporters include a wide
base. His campaign chairmen are former Idaho Gov. Phil Batt and U.S. Rep. Mike
Simpson, R-Idaho. As of May 17, the Secretary of State’s website indicated he
had received campaign contributions of just over $1,120,282, and had expenses of
about $365,573. Of those contributions, 46 individuals or companies contributed
$5,000. Those contributors included Albertsons, Boise; American Ecology, Boise;
Bass Ford and Barnsley, Seattle, Wash.; three members of the Bassford family in
Washington state; Corrections Corporation of America, Nashville, Tenn.;
Employers compensation Insurance Co., Glendale, Calif.; and the Idaho Committee
for Hospitality and Sports, Boise.
January 21, 2006 AP
One way to judge which lobbyists wield the most influence is to look at
their client lists. Some lobbyists have been hired by more than a dozen
companies to bend lawmakers' ears and influence their votes on issues that will
go before the Legislature this year. C.A. "Skip" Smyser, a Republican who has
served in the state House and Senate, represents the Correction Corporation of
America, a private-prison company. State Corrections Director Thomas Beauclair
has asked the Legislature for more than $180 million to expand the state prison
system to accommodate a growing inmate population.
February 12, 2002
Idaho lawmakers
complained loudly about the role of out-of-state
money in Idaho's term limits campaign, but most collected out-of-state
money for their own campaigns last year. A review of newly filed campaign
finance reports shows that of the
$103,998 received by lawmakers in 2001, 30 percent of the money came
from out of state.
Forty of the 105 state lawmakers got more than half of their money from
out of state. For 14 lawmakers, it was 100 percent.
The top three out-of-state givers: Philip Morris Corp. of New York,
$10,600; AT&T of Colorado, $9,000; and the Tennessee-based Corrections
Corporation of America, $7,750. CCA has the state contract to run a
private prison south of Boise.
Sen.
Jim Risch, R-Boise, who also complained Friday about an
out-of-state foundation grant received by a group that unsuccessfully
proposed a campaign finance reform bill, said there's a difference
between out-of-state contributions to lawmakers' campaigns and those to
issue campaigns.
"I know what CCA wants -- they want people that are friendly toward
a
private (prison) enterprise," he said. "I know what AT&T wants --
they
want legislators that are friendly to an open market in
telecommunications." But
when it comes to issues such as term limits and campaign finance
reform, he said, "I am highly suspicious of the motive." Risch
received 27 percent of his 2001 campaign contributions from out of
state. Senate President Pro-tem Robert Geddes, R-Soda Springs, whose $500
in
2001 contributions came from CCA and Philip Morris, agreed with Risch.
Newton
County Correctional Center
Newton, Texas
GEO Group (formerly
Correctional Services Corporation)
July 25, 2009 AP
A federal judge has thrown out a lawsuit against the state brought by an
inmate who said his civil rights were violated when he was transferred to a
Texas prison. Leslie Peter Bowcut was sentenced to 30 years in prison after
pleading guilty in 2002 to 14 counts of lewd and lascivious conduct. Prosecutors
said he took pornographic pictures of girls as young as 2 and traded them on the
Internet. Four years later, the Idaho Department of Correction shipped hundreds
of inmates out of state under a federal court order directing the state to ease
overcrowding. Bowcut was among the inmates sent to the Newton County
Correctional Center in Newton, Texas, which was run by private corrections
company The GEO Group. Problems with guard abuse and prisoner unrest emerged
immediately, and by August 2006 Idaho asked The GEO Group to transfer the
inmates to other Texas prisons. Bowcut sued Idaho Department of Correction
officials that year, including then-State Corrections director Thomas Beauclair,
Deputy Chief of Evaluation Compliance Sharon Lamm and Contract Officer Ofelia
Alvarado. In his lawsuit, Bowcut contended that his civil rights were violated
because conditions at the Newton County Correctional Center were substandard
compared to Idaho prisons, with limited recreation time, cramped 8-person cells,
inadequate ventilation and prevalent black mold. But Idaho Department of
Correction officials said the case should be thrown out because they were
entitled to qualified immunity and because there was no evidence showing that
they knew of poor conditions at NCCC before transferring the inmates there. On
Thursday, U.S. District Judge B. Lynn Winmill agreed with the state, throwing
out the lawsuit and barring Bowcut from filing it again. Because Bowcut was
treated the same as other inmates at the Texas prison, there was no civil rights
violation, Winmill said. "Uniformity within an institution is a legitimate
correctional goal, and providing the same treatment and applying the same rules
and programs to all prisoners within a given institution is rationally related
to achieving that goal," Winmill wrote in his ruling. "Therefore, Plaintiff's
equal protection rights were not violated by his receiving the same treatment as
other NCCC inmates, even if that treatment was different from that received by
inmates remaining in Idaho."
November 6, 2008 AP
The Idaho Department of Correction has terminated its contract with private
prison company The GEO Group and will move the roughly 305 Idaho inmates
currently housed at a GEO-run facility in Texas to a private prison in Oklahoma.
Correction Director Brent Reinke notified GEO officials Thursday in a letter.
Reinke said the company's chronic understaffing at the Bill Clayton Detention
Center in Littlefield, Texas, put Idaho offenders' safety at risk. An Idaho
Department of Correction audit found that guards routinely falsified reports to
show they were checking on offenders regularly — even though they were sometimes
away from their posts for hours at a time. "I hope you understand how seriously
we're taking not only the report but the safety of our inmates," Reinke told The
Associated Press on Thursday. "They have an ongoing staffing issue that doesn't
appear to be able to be solved." The contract will end Jan. 5. Reinke said the
department wanted to pull the inmates out immediately, but state attorneys found
there wasn't enough cause to allow the state to break free of the contract
without a 60-day warning period. In the meantime, Reinke said, Idaho correction
officials have been sent to the Texas prison to help with staffing for the next
two months. GEO will be responsible for transferring the inmates to the North
Fork Correctional Facility in Sayer, Okla., which is run by Corrections Corp. of
America. GEO will cover the cost of the move, Reinke said, but Idaho will have
to pay $58 per day per inmate in Oklahoma, compared to $51 per day at Bill
Clayton. Amber Martin, vice president for The GEO Group, of Florida, said she
couldn't comment on the audit or on Idaho's decision to end the contract. She
referred calls to the company spokesman, Pablo Paez, who could not immediately
be reached by the AP. As of Oct. 1, Idaho had nearly 7,300 total inmates. The
Bill Clayton audit describes the latest in a series of problems that Idaho has
had with shipping inmates out of state. Overcrowding at home forced the state to
move hundreds of inmates to a prison in Minnesota in 2005, but space constraints
soon uprooted them again, this time to a GEO-run facility in Newton, Texas.
There, guard abuse and prisoner unrest forced another move to two new GEO
facilities: 125 Idaho inmates went to the Dickens County Correctional Center in
Spur, Texas, while 304 went to Bill Clayton in Littlefield. Conditions at
Dickens were left largely unmonitored by Idaho, at least until inmate Scott
Noble Payne committed suicide after complaining of the filthy conditions there.
Idaho investigators looking into Payne's death detailed the poor conditions and
a lack of inmate treatment programs, and the inmates were moved again. That's
when the Idaho Department of Correction created the Virtual Prisons Program,
designed to improve oversight of Idaho inmates housed in contract beds both in
and out of state. The extent of the Bill Clayton facility understaffing was
discovered after Idaho launched an investigation into the apparent suicide of
inmate Randall McCullough in August. During that investigation, guards at the
prison said they were often pulled away from their regular posts to handle other
duties — including taking out the garbage, refueling vehicles or checking the
perimeter fence — and that it was common practice to fill out the logs as if the
required checks of inmates were being completed as scheduled, said Jim Loucks,
chief investigator for the Idaho Department of Correction. For instance, Loucks
said, correction officers were supposed to check on inmates in the
administrative segregation unit every 30 minutes. But sometimes they were away
from the unit for hours at a time, he said. The investigation into McCullough's
death is not yet complete, department officials said. The audit also found
several other problems at Bill Clayton. The auditor found that "the facility
entrance is a very relaxed checkpoint," prompting concerns that cell phones,
marijuana and other contraband could be smuggled past security. In addition, the
prison averages a 30 percent vacancy rate in security staff jobs, according to
the audit. Though it was still able to meet the
one-staffer-for-every-48-prisoners ratio set out by Texas law, employees were
regularly expected to work long hours of overtime and non-security staffers
sometimes were used to provide security supervision, according to the audit.
"Based on a review of payroll reports, there are significant concerns with
security staff working excessive amounts of overtime for long periods of time,"
the auditors wrote. "This can lead to compromised facility security practices
and increased safety issues." When the audit was done, there were 29 security
staff vacancies, according to the report. That meant each security staff person
who was eligible for overtime worked an average of 21 hours of overtime a week.
That extra expense was borne by GEO, not by Idaho taxpayers, said Idaho
Department of Correction spokesman Jeff Ray. The state's contract with GEO also
required that at least half of the eligible inmates be given jobs with at least
50 hours of work a month. According to the facility's inmate payroll report,
only 35 out of 371 offenders were without jobs. But closer inspection showed
that the prison often had several inmates assigned to the same job. In one
instance, nine inmates were assigned to clean showers in one unit of the prison
— which only had nine shower stalls. So although each was responsible for
cleaning just one shower stall, the nine inmates were all claiming 7- and 8-hour
work days, five days a week. GEO is responsible for covering the cost of those
wages, Ray said. "While the contract percentage requirement is met, the facility
cannot demonstrate the actual hours claimed by offenders are spent in a
meaningful, skill-learning job activity," the auditors wrote. Auditors also
found that too few inmates were enrolled in high school diploma equivalency and
work force readiness classes.
July 26, 2007 The
Olympian
Department of Correction Director Brent Reinke next Thursday will visit a
private Texas prison where he intends to shift 56 inmates in September, after
problems including abuse by guards, deplorable conditions and a suicide emerged
at previous facilities in that state. Reinke, who concedes lax oversight by
Idaho contributed to problems, and three other Idaho officials will review the
Val Verde Correctional Facility and Jail in Del Rio, Texas, run by Florida-based
private prison firm The GEO Group. The prison area where Idaho inmates are due
to be housed at Val Verde is part of a new 659-bed addition, Reinke said. Still,
he wants to make sure the facility located near the Mexican border meets Idaho
standards so the recurring problems at the two previous GEO-run prisons aren't
repeated. "On contracts in general, we're going to be stepping that up," Reinke
told The Associated Press this week. "We want to take a firsthand look." About
450 Idaho inmates were first moved beyond state borders in 2005 to relieve
overcrowding at prisons here, where there are more than 7,000 inmates - but not
enough room to house them all. They were incarcerated at the Newton County
Correctional Center in Newton, Texas, until August 2006, when they were moved
following allegations of abuse by guards to the Dickens County Correctional
Center in Spur, Texas. But Reinke, who took over in January, acknowledges his
agency didn't do enough to scrutinize conditions at Dickens before Idaho inmates
were shipped there. And from August 2006 to March 2007, Idaho prison officials
only visited the Dickens County facility one time. The March 4 suicide by Scot
Noble Payne, a convicted sex offender, and a subsequent investigation
illuminated conditions that one Idaho prison official described as "beyond
repair." One concern: There have been problems at Val Verde, too. Inmate LeTisha
Tapia killed herself there in 2004 after alleging she was raped by another
inmate and sexually humiliated by a guard. And a black guard accused his captain
of keeping a hangman's noose in his office and a photo of himself in a Ku Klux
Klan hood in his desk. Val Verde County has been forced to hire a full-time
prison monitor to keep a watch on prison operations as part of a settlement with
Tapia's family. Some family members of Idaho inmates now at Dickens told the AP
they're pleased Reinke is scrutinizing Val Verde personally. Still, they said
they're frustrated their relatives are being moved again - especially since many
problems at Dickens have been remedied since Payne's suicide in March. "Things
are OK now," said the wife of a sex offender who asked not to be identified by
name. "They don't want to move." Reinke has pledged to improve oversight of
conditions at Texas prisons through what he's calling a "virtual prison" that
his agency adopted earlier this week. It's modeled after a similar system in
Washington state, he said.
June 6, 2007 AP
Under terms of his contraband sentence, a Texas prison guard who provided
illegal materials to Idaho inmates will only go to prison if he violates
conditions of his release. Those conditions include staying out of “honky tonks”
and “beer joints,” according to court documents. John Ratliffe, a former guard
at the Dickens County Correctional Center where hundreds of Idaho inmates are
housed, is also implicated in providing assistance to an inmate’s escape. But
Ratliffe has denied knowing Payne planned to escape. Footprints matched to
Payne, who later committed suicide, were found near Ratliffe’s home. Dickens
County prosecutors couldn’t be reached for comment on whether Ratliffe faces
additional charges related to the escape. Attempts to reach Ratliffe were
unsuccessful. His telephone number in Paducah isn’t listed. The 43-year-old
Payne was among inmates shipped to Dickens and another nearby facility in
Littlefield, Texas, in August 2006 due to problems they experienced at another
Texas facility, the Newton County Correctional Center. Those included incidents
in which the inmates were punched and doused with pepper spray by guards. Both
prisons are operated by The GEO Group of Florida. GEO officials said they took
quick action upon learning in December about Ratliffe’s contraband operation. It
included setting up a post office box where at least some prisoners’ families
sent items or money to be transferred to inmates, according to documents. “When
we have incidents of this kind, we conduct a full investigation, and if
disciplinary action is required, we take that action properly, and that’s what
we did in this case,” said Pablo Paez, a GEO spokesman. Ratliffe was placed on
unpaid leave, then fired, Paez said. Records show a chaotic scene in Paducah
before Payne was finally cornered by search dogs in a nearby riverbed. Ratliffe
allegedly threatened to commit suicide shortly after searchers found Payne’s
footprints near his backyard fence, prompting Texas Rangers to transfer Ratliffe
to the local courthouse “where a mental health warrant was signed by the judge,”
according to the GEO report. Idaho officials said they learned of Ratliffe’s
activities after Payne’s capture. “We found out about it on Dec. 11 in a
conversation between Warden Ron Alford and our contract compliance person Sharon
Lamm,” said Jeff Ray, a spokesman for Idaho prisons. Alford was transferred in
March to another GEO prison, after complaints from Idaho about conditions at
Dickens.
August 3, 2006 The Enterprise
Two dangerous Newton County Correction Center inmates escaped earlier this
year because a watchtower guard was too intimidated to shoot, according to a
tape recording obtained by The Enterprise. The guard in the tape admitted he
didn't fire his weapon June 12 despite seeing prisoners Rudolfo Garcia-Lopez and
Orlando Gonzalez-Leon scale the outer fence covered in barbed razor wire. The
recording was of the guard, who was then terminated, and Sheriff Joe Walker,
Chief Deputy Ricky Hall and an unnamed Texas Ranger. On watch in the northwest
tower near Texas 87, the guard had his firearm raised but didn't pull the
trigger. Walker, who conducted the taped interview, asked the guard why he
didn't shoot despite being less than 80 yards from the prisoners. "My timing was
slow, and I felt highly-ass intimidated," the guard said in the conversation
taped on a handheld digital recorder. Walker wouldn't identify the guard because
he didn't "want his name pulled through the mud." However, Walker did say the
guard could have stopped the prison break before it turned into a three-night
search. Garcia-Lopez and Gonzalez-Leon, both from Idaho, escaped at 6:30 p.m.
While law enforcement captured Gonzalez-Leon 90 minutes later, Garcia-Lopez was
on the loose for 56 hours and crossed the county line before Jasper police
detained him while he pedaled a stolen bicycle through the city. "There's 16,000
people in this county that elected him sheriff to protect them," Hall said to
the guard on the tape. "... From the way I look at it, you turned them loose on
my family." Prison guards and jailers can respond with deadly force to prevent
an inmate's attempted escape, Walker said. According to a Texas Commission on
Jail Standards official, the county sheriff and the jail administrators set a
jail's policy and procedure. Newton County owns the facility, but the Geo Group,
a private Florida-based company, manages it. In the tape, Walker said he held
the former guard responsible for the prison break. He could have shot one time
as a warning, at least, Walker said, and that would have been enough to knock
Garcia-Lopez and Gonzalez-Leon off the fence. "That probably would have changed
their mind about what they were doing," Walker said in the taped conversation.
"... My job is to put them in jail. This Texas Ranger, his job is to put them in
jail. It's them jailers out there at that penitentiary who keep their butts
inside those fences. I'm telling you, I hold you responsible because you should
have shot them." According to sheriff's department calculations, the prison
break and resulting manhunt cost at least $3,000 in deputy overtime hours, fuel,
food and water. Texas Department of Public Safety and state Parks and Wildlife
Department personnel also put in overtime hours. During a recent interview in
his office, Walker said another guard in the southwest prison tower saw the
escaped prisoners but couldn't get a shot at them without endangering another
guard who was circling the perimeter in a van. "She was right" for not shooting,
the sheriff said of the other guard. Walker said he had a meeting with prison
supervisors, instructing them to find "weak links" who are unwilling to perform
the job's entire duties, including shooting a gun to prevent a prison break. "I
hold their commissions, and I will dang sure sign off on them to F-5 them. F-5
means to terminate their commission," Walker said. "I'll do it." The prison
break was part of a string of episodes involving inmates since the Idaho
Department of Correction transferred 419 prisoners here in March to alleviate
prison overcrowding in their state. On April 7, an excessive use-of-force
incident ended with a supervisor's firing, an officer's demotion and another
officer's weeklong suspension without pay. Prisoners later engineered a sit-down
strike, insisting on butter for rolls and better television options. And on June
4, a deputy warden resigned after an excessive use-of-force incident May 30 in
which he punched an Idaho inmate, The Associated Press reported Wednesday. Idaho
prisoners are being transferred out to another Texas-located, Geo Group-managed
facility. In their place, Newton County and the Geo Group have agreed to house
400 Texas Department of Criminal Justice inmates.
August 2, 2006 Idaho Statesman
A deputy warden at a private prison in Texas resigned June 4 after punching
an Idaho inmate in the jaw May 30. A state report on the incident at the prison,
owned by The Geo Group Inc., corroborated claims made by an inmate and reported
June 21 by the Idaho Statesman that he had been punched in the jaw and then
pepper-sprayed after refusing an order from the deputy warden. "The Geo Group
was very responsive after the incident," said Idaho Department of Correction
spokeswoman Melinda Keckler. "We thought and they agreed that it was not an
appropriate use of force and not how inmates should be treated." As first
reported Tuesday on IdahoStatesman.com, the department released the report to
the Statesman after a public records request. The report said the incident at
the Newton County Correctional Center resulted from a lack of staff training and
knowledge of company and department policy. "Basic security practices were not
followed, and policy was violated in a number of areas," the report said. "The
need for the reactive use of force is questionable, but it can be established
that there was no need for the use of the pepper spray." The report said the
deputy warden should not have directly involved himself in the disturbance but
should have supervised his officers in defusing the situation. The deputy
warden's and inmate's names were redacted from the report provided, but in a
letter to the Idaho Statesman, inmate Randall Swink, 21, of Twin Falls, said he
was punched and pepper-sprayed. He did not say when.
July 25, 2006 Idaho Statesman
More than 400 Idaho inmates currently housed at a prison in Newton, Texas,
will be moved to two other prisons in the state, Idaho Department of Correction
officials announced Tuesday. The prisoners are being housed in Texas because
Idaho's prisons are overcrowded, and the move was prompted in part by a request
from GEO Group, the company that oversees all three of the Texas prisons. GEO
Group wanted the space at the Newton County Correctional Center for Texas
inmates, correction department officials said. The Newton facility has also been
the site of complaints from Idaho inmates and allegations of prisoner
maltreatment. "This is a temporary move," Idaho Department of Correction
Director Vaughn Killeen said. "We are currently in the process of developing a
long-term solution which includes bringing all Idaho inmates back to Idaho." The
inmates will move to the Bill Clayton Detention Center and to the Dickens County
Correction Center, both near Lubbock. The cost of keeping the inmates at those
centers will remain the same, at about $51 a day, officials said. Bringing all
of the out-of-state inmates back to Idaho is a top priority, but no definitive
timeline has been set, said department spokeswoman Melinda O'Malley Keckler. The
move will take place in the next two weeks, but the exact date is being withheld
because of security reasons, the department said.
July 14, 2006 The Enterprise
The Idaho Department of Correction didn't approve of certain staff behavior at
the Newton County Correctional Center, but in no way did it lead to 419 inmates'
planned transfer, an official said Thursday. With allegations of prisoner
mistreatment swirling, coupled with inmate protests and a two-man prison break
since the state placed the inmates in Newton, the Idaho Department of Correction
agreed to transport 419 of their inmates out of the Southeast Texas prison and
into another GEO Group-managed facility, said Pam Sonnen, Idaho Department of
Correction administrator of operations. The GEO Group, a private prison
management company overseeing operations in Newton, approached Idaho officials
about the transfer after the Texas Department of Criminal Justice contacted
Newton County to ask about housing 400 more Texas inmates. The state agency's
prisons were at 97.4 percent occupancy as of July 11, according to a department
spokeswoman, and by the end of 2007, an estimated 1,700 additional beds will be
needed. When the transfer of the Idaho inmates initially was announced Tuesday,
Idaho Department of Correction Director Tom Beauclair told The Associated Press
he'd become dissatisfied with the prison's ability to hire qualified staff.
Sonnen said the correctional center has holdover personnel from the prison's
previous management group, and those employees don't always follow the GEO
Group's practices. In 2005, the GEO Group bought out Correctional Services
Corp., which previously managed the Newton prison. "What I got out of our
investigations was they needed to do more training with their staff to
understand policies and procedures," Sonnen said. Problems arose almost
immediately after Idaho agreed March 14 to send its inmates to Newton, Sonnen
said. On April 7, she said, an excessive-use-of-force incident led to a
supervisor's firing, another employee's demotion and suspension of an officer
for a week without pay. On May 30, an inmate was doused with pepper spray, and
two other Idaho inmates escaped in June. Idaho prisoners also engineered a
sit-down strike demanding butter for their rolls and better television choices,
privileges they'd grown accustomed to, Sonnen said.
July 12, 2006 Statesman
Idaho inmates housed at a private Texas prison that has been criticized for
prisoner abuse will be moved elsewhere because the prison canceled its contract
with Idaho. And more Idaho prisoners will be headed out of state soon. It's
unclear where the 419 Idaho prisoners currently housed at the Newton County
Correctional Center will be sent, but the private prison in Newton, Texas,
notified the Idaho Department of Correction that it needs to move the prisoners
to make room for Texas inmates, department spokeswoman Melinda O'Malley Keckler
said Tuesday. Keckler said the decision had nothing to do with recent reports
that Newton prison employees abused Idaho prisoners, but said her department
agreed to the move. "The department is pleased with this change," she said.
Newton Warden Priscella Miles would not comment for this article, and no one
answered Tuesday evening at the Florida headquarters for the prison's parent
company, the Geo Group. One correctional officer was fired, one demoted and one
disciplined this spring after six Idaho inmates were forcefully cuffed and maced
at Newton in April.
June 25, 2006 Spokesman Review
Continuing problems with a private Texas prison that's housing hundreds of
Idaho's overflow inmates have even the head of the Idaho ACLU calling for Idaho
to build more prisons. "Bottom line, we probably have to immediately start
thinking about building more prisons in Idaho – which is a terrible thing for an
ACLU activist to say," said Jack Van Valkenburgh, head of the American Civil
Liberties Union of Idaho. "I want my money going to schools, I don't want it
going for prisons. But you've got to provide minimally adequate care." Van
Valkenburgh noted that he favors sentencing reform and more drug treatment as
"the way to solve the prison problem," but said Idaho is risking more crime in
the future by sending its inmates to facilities like the Newton County
Correctional Center in Texas. "My sense is the mentality of … this facility …
doesn't have rehabilitation and reintegration into society as a goal. Idaho now
has more than 400 inmates at the Newton County center, a former county jail
that's now a private prison run by GEO Group, formerly Wackenhut Corp. In less
than three months, there have been two escapes; three prison employees
disciplined after an incident in which they roughed up and sprayed pepper spray
on six Idaho inmates; and a demonstration in which 85 Idaho inmates refused to
return to their cells for hours in protest over conditions at the facility. A
public records request to the Idaho Department of Corrections yielded a stack of
complaints about the Texas lockup from inmates and their families. "We are
locked in these windowless rooms for 20+ a day," one inmate wrote. "Many inmates
are spending 22 hours a day on their bunks." Others complained of inattentive or
abusive guards, cold food, lack of recreation and programs, and fivefold
increases in the cost to families for phone calls to inmates. "This jail is so
dirty and unsafe," one inmate wrote. Another wrote about the guards: "This (sic)
people hate Mexicans. They made that clear to me right away. They don't like
whites either."
June 21, 2006 Idaho Statesman
An Idaho inmate said he was punched in the jaw by the deputy warden of a
private prison in Texas before being pepper-sprayed. Idaho Department of
Correction officials said Tuesday a staff member is compiling a report about the
May 30 incident and would release more information at the end of the week. The
department reported the incident June 12 and sent a staff member to Texas after
hearing from The Geo Group Inc., owner of the Newton County Correctional Center,
that an Idaho inmate had been pepper-sprayed for refusing to leave his cell. In
a letter to the Idaho Statesman received Monday, Randall Swink, 21, of Twin
Falls, said he was punched and pepper-sprayed. He did not say when. The
department would not say whether Swink was the inmate involved in the May 30
incident. Swink is serving two sentences for lewd and lascivious conduct with a
minor under age 16. He said he was mouthing off to correctional officers about a
dirty cup when a deputy warden asked him to leave his cell, and he refused.
Swink said he was cuffed and made a sarcastic comment to the warden before the
warden punched him in the jaw. Swink said he was pepper-sprayed and returned to
his cell for struggling as officers tried to strip search him. The Geo Group did
not return a call about the incident.
June 14, 2006 Idaho Statesman
A private prison in Texas is safe, Idaho's Department of Correction said Tuesday
after a string of incidents involving Idaho prisoners. But the American Civil
Liberties Union said security and living conditions at the Newton County
Correctional Center are unacceptable. The ACLU wants the department to move
prisoners elsewhere. One of two escaped Idaho inmates was still at large Tuesday
night after a Monday night prison break. Meanwhile, 84 Idaho inmates remained in
lockdown Tuesday after a Saturday protest of facility conditions, department
spokeswoman Melinda Keckler said. The prison, operated by The Geo Group Inc.,
fired one security staff member and disciplined two others after an April
incident when six Idaho prisoners were forcefully cuffed and maced. The
department said staff inexperience and lack of training contributed to the
excessive use of force. The prison houses 419 Idaho offenders who began arriving
in March because of overcrowding in Idaho prisons. Idaho ACLU Executive Director
Jack Van Valkenburgh said he is concerned with the prison's lack of security and
met with Correction Department Director Tom Beauclair. Officers are poorly
trained and the prison is understaffed, Van Valkenburgh said, referring to
letters he has received from roughly two dozen inmates. The letters said
corrections officers regularly complain of working more than 12 hours at a time,
and inmates have reported up to nine hours passing without an officer in their
tiers. "I have heard that there are times when inmates are having to shout and
bang on the doors to get some attention," Van Valkenburgh said. "If these
problems continue, I would hope the director would insist that money be spent on
housing elsewhere." Other complaints received have ranged from beatings to
severe overcrowding, Van Valkenburgh said. Some prisoners have been housed in
24-man, 33-by-37-foot cell tanks, he said.
June 13, 2006 Idaho Press-Tribune
A man convicted of aggravated assault and attempted kidnapping out of Canyon
County escaped from a prison in Southeast Texas on Monday evening. Rudolfo
Garcia-Lopez, 38, was serving a sentence of five to 20 years on the two felony
charges. Prison officials said Garcia-Lopez and another inmate, 27-year-old
Orlando Gonzalez-Leon, were seen going over a recreation yard fence while a
disturbance took place in another area of the prison. The escape occurred about
6:30 p.m. Gonzalez-Leon was returned to custody about 90 minutes after a search
of the area near the Newton County Correctional Center in Newton, Texas. Law
enforcement officers in Newton County were using tracking dogs and helicopters
to assist in locating Garcia-Lopez. Gonzalez-Leon is serving a 25- to 50-year
sentence on a second-degree murder conviction out of Twin Falls County. The
Texas facility is managed by the GEO Group Inc. At this time, 419 Idaho inmates
are housed at the Newton County Correctional Center. Teresa Jones, an Idaho
Correction Department spokeswoman, said the prison break occurred after guards
were called to a separate wing of the prison, giving the Idaho inmates an
opportunity to climb the fence. She was uncertain what caused the distraction.
“There were 25 Idaho inmates outside in the recreation yard,” she said. The
pair’s escape is just the latest in a string of incidents involving Idaho
inmates at the prison run by Geo Group Inc., based in Boca Raton, Fla. Idaho
officials have traveled repeatedly to the former county jail in Newton to
scrutinize the operation. On April 7, six Idaho inmates complained of abuse, and
one supervisor was fired while another guard was demoted after an investigation.
On May 30, another inmate was doused with pepper spray. And last weekend, 85
Idaho inmates staged a strike, demanding butter for rolls, more TV channels and
cheaper prices at the prison commissary. Before Monday’s prison break, Pam
Sonnen, administrator of operations for the Department of Correction, had said
that Idaho officials were again flying to Texas to review training procedures
for guards. Geo is also sending a staff member to the facility, according to a
news release. “We just want to be 100 percent sure about the training provided
to staff in Texas,” Sonnen said. “Use of force should always be a last resort to
gain inmate compliance.” Idaho corrections officials who have been to the Texas
facility said it doesn’t have the amenities of prisons in Idaho. It meets Idaho
requirements, but “it’s a very different cultural atmosphere than Idaho,” said
Jones, adding that disgruntled inmates unhappy with the move to Texas are one
cause of the incidents.
June 9, 2006 Idaho Statesman
One correctional officer was fired, one demoted and one disciplined after
six Idaho inmates were forcefully cuffed and maced at a private Texas prison in
April, the Idaho Correction Department said Thursday. A report by the prison's
parent company to Idaho officials said six Idaho prisoners were acting up in
their cells, throwing trays, and yelling and banging against their cells when
correctional officers arrived to remove them, said Pam Sonnen, the department's
operations administrator. The officers had a hard time cuffing the inmates, and
the situation escalated, she said. "They were taken to the ground and
handcuffed, inmates were struggling, staff were struggling," Sonnen said. "It
seemed from the reports that nobody was in charge, that there was no one there
to say, 'Let's stop and take a breath.'" The Statesman first reported the
incident last Friday. Sonnen said the improper use of force was due to
inexperience and poor training, and said staffers have since received training.
The prison, the Newton County Correctional Center, is owned by The Geo Group
Inc., formerly Wackenhut Corrections Corp. No medical reports showed that
prisoners had been beaten or further abused, Sonnen said. But inmate Eddie
Daniel said prisoners had been beaten. In a letter his sister, Fruitland
resident Josie Daniel, received April 14, he said he and six other prisoners had
been put in an isolation area without explanation for five days from April 3 to
April 7. On the fifth day they were handcuffed, beaten and maced by 15 people,
he wrote. "So these people came in ... and take turns beating us up," Daniel
wrote. "And when I say beating us I mean beating us, kicking us in the face ...
They went cell to cell during this." According to the letter, the beatings
stopped when the warden intervened. Sonnen said Daniel had not been directly
involved in the incident that got the correctional officer fired, though his
sister's complaints drew the state's attention to the situation. An initial
report sent by The Geo Group mentioned nothing about the use of force, nor did
it say employees had been disciplined, Sonnen said. "We received a report that
talked about our inmates having a disturbance," Sonnen said. "There was nothing
in there to make us think anything was wrong."
June 8, 2006 Spokesman-Review
A private prison in Texas has fired a supervisor, demoted an officer from
lieutenant to sergeant, suspended a prison guard and started new staff training
after an April incident in which six Idaho inmates there were roughed up and
sprayed with pepper spray. The state Department of Correction released that
information this week only after The Spokesman-Review filed a request under the
Idaho Public Records Law seeking documents about the incident. But state
correction officials said they weren't trying to hide anything. "Nobody's trying
to sweep anything under the carpet," said Jim Tibbs, chairman of the Idaho Board
of Correction. Pam Sonnen, administrator of operations for Idaho's prison
system, said, "We have no desire to hide any of this information." The incident
points out one of the key disadvantages of housing state prison inmates out of
state – a loss of control over the inmates by the state, corrections officials
said. But with Idaho's prisons overflowing and new prisoners arriving every day,
officials expect to send another 1,400 Idaho inmates out of state in the next
four years. The six Idaho inmates in Texas – among 420 Idaho prisoners now at
the Newton County Correctional Center – were angry over conditions at the
facility, Sonnen said. On April 7, they began raising a ruckus, throwing their
food trays out through slots in their cells, swearing at guards and "being
disruptive." Staffers first sprayed the inmates with pepper spray and gave
orders that were ignored, Sonnen said. "I think it kind of got out of hand a
little bit," she said. "I don't think the staff there were ready for a group
disruption." The guards then decided correctly to move the disruptive inmates
elsewhere to prevent the problem from spreading, Sonnen said. "You remove them
as quickly as possible from that unit … or the whole place goes up pretty
quick." But the guards bungled their "use of force" in trying to subdue and move
inmates, she said. "They were taking them to the ground, there was struggling
going on … I don't believe that staff was properly trained," Sonnen said. The
April 7 incident raised no eyebrows in the standard incident reports that
arrived in Idaho from the GEO Group Inc., formerly Wackenhut Corp., which
operates the Texas prison. But Sonnen said once she heard complaints from
inmates' relatives, who received letters about the incident, she began looking
into it. The GEO group sent Idaho Correction Director Tom Beauclair a report
Friday detailing the results of its own investigation of the incident. "This
review revealed use of force policy violations that stemmed from the supervisor
on duty's failure to adequately supervise/direct the use of force," said the
report, which was signed by Don Houston, senior vice president for GEO's central
region.
June 2, 2006 Idaho Statesman
Correctional officers at a private Texas prison have been disciplined for
abusing Idaho prisoners this spring, the state Correction Department said
Thursday. At least half a dozen department employees, including department
Director Tom Beauclair, flew to Texas after the department received complaints
from inmates and family members, department spokeswoman Melinda Keckler said in
response to an inquiry from the Idaho Statesman about allegations of abuse. The
state team inspected the Newton County Correctional Center in Newton, operated
by Geo Group Inc. The company disciplined security staff members in response to
the team's findings, Keckler said. "We have received concerns from several
parties, all in relation to one or two specific incidents in the Texas
facility," Keckler said. "(Department) employees interviewed offenders and staff
and observed the physical operations of the facility, and as a result of that,
some corrective action was taken on some employees in Texas." Keckler said she
could not describe the nature of the abuse or specify how prison employees were
disciplined. The media contact for the Geo Group was on vacation and could not
be reached, and the prison's warden would not comment. Keckler said the
department is satisfied that the Newton prison is complying with its agreement
with Idaho. The state has turned to out-of-state prisons to handle inmate
overflow from Idaho's jam-packed prisons. In mid-March, 150 prisoners were moved
to the Texas prison. Since then, 270 more Idaho prisoners have been transferred
from the Prairie Correctional Facility in Appleton, Minn. after that private
prison needed to make space for more Minnesota prisoners. All out-of-state Idaho
prisoners are now housed at the 872-bed Newton prison, as are prisoners from
Arizona and Texas and federal immigrations and customs detainees. Josie Daniel,
a 32-year-old homemaker from Fruitland, said her brother, Eddie Daniel, an Idaho
inmate transferred to Texas in April, was interviewed by Correction Department
employees in response to abuses he and six other prisoners suffered in early
April. In a letter Josie Daniel received from her brother April 14, he said he
and six other prisoners had been put in an isolation area without explanation
for five days from April 3 to April 7. On the fifth day they were handcuffed,
beaten and maced by 15 people, the letter claimed. "So these people came in ...
and take turns beating us up," Daniel wrote. "And when I say beating us I mean
beating us, kicking us in the face ... They went cell to cell during this."
According to the letter, the beatings of the prisoners stopped when the warden
intervened. Eddie Daniel also said food, showers and recreation time were
withheld, and beatings continued after the first incident. "Even though we're in
Texas, Idaho is still responsible for us," he wrote. "You need to call IDOC and
let them know what's going on. Now every day they come to our cells threatening
to beat us again." Josie Daniel said she contacted at least five IDOC employees,
including Keckler, to report the abuse. Eddie Daniel is serving a six-year
sentence for drug trafficking and had already served six months of it in Idaho,
according to Josie Daniel, who served a two-year sentence herself for grand
theft that she committed when she was 19. Josie Daniel said her brother had
served five years in Idaho prisons for earlier crimes and never complained of
mistreatment or abuse. "My brother is the kind of person that he has a lot of
pride, and he's not going to ask anyone for help," Josie Daniel said. "My heart
sunk when I read this letter because he is pleading for help." Keckler said the
department had not received any abuse complaints at the private Minnesota
facility. Idaho staffers will continue with routine checks of the Texas prison
and will investigate any future complaints, she said. "Of course whenever we
have charges of abuse we take them very seriously," Keckler said.
North Fork Correctional
Facility,
Sayre, Oklahoma
CCA
July 11, 2009 KLEW TV
The Idaho Department of Correction (IDOC) announced that it has completed
the transport of 188 inmates from an Oklahoma prison to Idaho, signaling an end
to the department’s four-year practice of renting out-of-state beds to ease
overcrowding. “This is a milestone for the department and something the people
of Idaho can truly celebrate,” said IDOC Director Brent Reinke, in a news
release from the department. “We’re saving taxpayer dollars, and in the long
run, making our communities safer.” IDOC said the return of the inmates is made
possible, in part, by the opening of 628 new beds at Idaho Correctional Center
(ICC). It will cost $40.00 a day to house one inmate at ICC versus $61.53 at
North Fork Correctional Facility (NFCF) in Sayre, Oklahoma. As a result, IDOC
will save $1.4 million in Fiscal Year 2010.
June 22, 2009 AP
Another batch of Idaho prisoners has returned to the state after spending
time in an Oklahoma prison. Officials with the Idaho Department of Corrections
says another 68 inmates have been transferred back to Idaho from a private
prison in Sayre, Okla. Two buses with the prisoners arrived in Boise Monday. The
latest shipment leaves the department with just 120 inmates housed in
out-of-state lockups. Those inmates are slated to return to Idaho by the end of
the summer. Idaho has been relying on out-of-state prisons in Oklahoma and Texas
to house inmates for several years. But the state has been able to bring many
back in the last year due to a declining prison population and the creation of
new prison beds at the Idaho Correctional Center south of Boise.
March 25, 2009 AP
The legislative budget-writing committee on Tuesday approved a plan to cut
the Idaho Department of Correction 2010 budget by almost $30 million, in part by
bringing home the last Idaho inmates housed in other states. Idaho began
shipping inmates out of state, most recently starting in 2005, after a federal
judge ruled that overcrowded conditions here were dehumanizing. Since then, the
state has built 628 beds at the Idaho Correctional Center in Boise and bolstered
drug court programs and treatment to try to slow prison growth. By next spring,
more than 1,000 new beds will be available in prisons across the state. Over the
last eight months, the state has transferred 380 inmates back to Idaho prisons.
As of February, Idaho had more than 7,226 people incarcerated. Department of
Correction Director Brent Reinke said Tuesday that with the overcrowding issues
resolved, Idaho can bring the last 318 prisoners home by August. The inmates are
currently at the North Fork Correctional Facility in Sayre, Okla.
October 30, 2008 Magic Valley Times-News
An Idaho Department of Correction Virtual Prison Program inmate was charged
a week ago with the second-degree murder of another Idaho inmate for an alleged
attack at a private prison in Sayre, Okla. Inmate Aren Dean Wight, 31, allegedly
struck or hit Idaho inmate David Drashner in Drashner's cell at Northfork
Correctional Facility run by Corrections Corporation of America on June 25. He
was charged Oct. 22 in Beckham County District Court in Oklahoma. Oklahoma law
enforcement authorities allege Drashner's death resulted from a non-premeditated
attack. He was pronounced dead later that night at a Sayre hospital. Drashner
was found on the floor of his cell, according to the only June IDOC press
release issued concerning him. Drashner was allegedly attacked twice after he
told Wight and another inmate to "act like adults" and not yell at a female
corrections officer, Oklahoma court records show. Wight's cellmate allegedly
told police Wight was "thumping" on Drashner, and he heard a "thud" come from
Drashner's cell, according to Oklahoma court records. Drashner died from a right
subdural hematoma - intracranial bleeding caused from an injury to the right
side of the skull - Oklahoma court records show. About an hour and a half
elapsed between when Wight went into Drashner's cell and when officers found him
on the ground. Video from the privately run facility shows Wight went into
Drashner's cell at about 6:07 p.m. Drashner was found by authorities at 7:35
p.m., Oklahoma Court records show. Wight also allegedly gave Drashner a bloody
nose earlier on the same day at 3:15 p.m., according to Oklahoma court records.
DOC didn't issue a press release about the charges. "We rely on the local
jurisdiction to announce that," said Jeff Ray, IDOC spokesman. IDOC also didn't
tell Drashner's wife, Pam Drashner, of Nampa, that anyone was officially charged
with killing her husband, she said. "They forgot about me," Drashner said about
IDOC. "They haven't called me back." Ray said he doesn't know if IDOC routinely
informs spouses of murdered inmates when other inmates have been charged. Wight
is doing time for burglary, robbery, aggravated battery and grand theft crimes
out of Bannock and Bingham counties, and is next eligible for parole in 2012,
according to IDOC online offender information. IDOC put Drashner in Oklahoma in
September 2007. He was doing 12 to 20 years for a fourth DUI conviction out of
Canyon County. Pam Drashner, like other family members of out-of-state inmates,
wants the state to stop shipping prisoners out of Idaho. "I honestly believe if
Dave was still here in Idaho he'd still be alive," she said. "I think anytime
you move someone it's going to cause a lot of anxiety and stress for everybody."
An IDOC Virtual Prison Program official was in Oklahoma "performing assessments"
when Drashner, died and also helped investigate.
October 1, 2008 AP
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. Idaho Department of
Correction Director Brent Reinke hailed their arrival as one of the benefits the
system was reaping after years of work. "It's more about having the right
inmates at the right place at the right time," Reinke said. "People are
communicating better and we're working together better than we were in the
past."
September 26, 2008 Magic Valley Times-News
An Oklahoma State Bureau of Investigation official on Thursday confirmed
that an Idaho inmate was murdered in the custody of a privately-run prison in
Sayre, and they're eyeing a suspect. The suspect's name, however, isn't being
released without an arrest or charges, said OSBI Spokeswoman Jessica Brown.
Brown said she doesn't know when that may happen. Idaho Virtual Prison Inmate
David Drashner, 51, of Nampa, was found lying on the floor of his cell in June
at the Northfork Correctional Facility in Sayre, Okla. He was in prison for
drunken driving and 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, apparently killed himself
at the Bill Clayton Detention Center in Littlefield, Texas. IDOC has said
they're waiting on results from his autopsy. Sex-offender Scott Noble Payne, 43,
killed himself in March 2007 at a Geo lockup in Dickens, Texas. The Littlefield
lockup is run by Geo Group Inc., and the Sayre facility is run by Corrections
Corporation of America. CCA also runs the state-owned Idaho Correctional Center
in Boise. Almost 10 percent of Idaho's prisoner population is doing time at
lockups outside Idaho under contracts with private prison operators, because
there's not enough room for them here. Idaho Department of Correction developed
the Virtual Prison Program last year to monitor out-of-state inmates and
contracts. Its role in the investigation isn't clear. "IDOC is cooperating with
the investigation, but I do not know precisely what the department is doing,"
said IDOC Spokesman Jeff Ray in an e-mail. Ray wouldn't say if a suspect has
been identified in connection to Drashner's death. "That's best left to the
authorities in Oklahoma who are conducting the criminal investigation," he said
in an e-mail. Drashner's widow, Pam, said she's happy there's a suspect in her
husband's death. "I'm really glad they found the person, but it still doesn't
bring Dave back. I just want some sort of justice to happen," she said. "If he
was here in Idaho he would have never been killed." Other family of Idaho
Virtual Prison inmates have also said they think Idaho should stop sending
prisoners to other states, because they can't visit as easily.
September 21, 2008 Times-News
Pam Drashner visited her husband every weekend in prison, until she was
turned away one day because he wasn't there. He had been quietly transferred
from Boise to a private prison in Sayre, Okla. She never saw him again. In July,
she went to the Post Office to pick up his ashes, mailed home in a box. He died
of a traumatic brain injury in Oklahoma, allegedly assaulted by another inmate.
David Drashner was one of hundreds of male inmates Idaho authorities have sent
to private prisons in other states. About 10 percent of Idaho's inmates are now
out-of-state. The Department of Correction say they want to bring them all home,
they simply have no place to put them. Drashner, who was 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, and was the first this year.
On Aug. 18, Twin Falls native Randall McCullough, 37, apparently killed himself
at the Bill Clayton Detention Center in Littlefield, Texas. McCullough, serving
time for robbery, was found dead in his cell. IDOC officials say he left a note,
though autopsy results are pending. His family says he shouldn't have been in
Texas at all. "Idaho should step up to the plate and bring their prisoners
home," said his sister, Laurie Williams. Out of Idaho -- Idaho has so many
prisoners scattered around the country that the IDOC last year developed the
Virtual Prison Program, assigning 12 officers to monitor the distant prisons. In
2007 Idaho sent 429 inmates to Texas and Oklahoma. This year; more than 700 -
and by one estimate it could soon hit 1,000. But officials say they don't know
exactly how many inmates may hit the road in coming months. The number may
actually fall due to an unexpected drop in total prisoner head-count, a
turnabout attributed to a drop in sentencings, increased paroles and better
success rates for probationers. The state will also have about 1,300 more beds
in Idaho, thanks to additions at existing prisons. State officials say bringing
inmates back is a priority. "If there was any way to not have inmates
out-of-state it would be far, far better," said IDOC Director Brent Reinke, a
former Twin Falls County commissioner, noting higher costs to the state and
inconvenience to inmate families. Still, there's no end in sight for virtual
prisons, which have few fans in state government. "I do think sending inmates
out-of-state is counter-productive," said Rep. Nicole LeFavour, D-Boise, a
member of the House Judiciary, Rules and Administration Committee. LeFavour
favors treatment facilities over prisons. "We try to make it (sending inmates
out-of-state) a last resort, but I don't think we're doing enough." Even
lawmakers who favor buying more cells would like to avoid virtual lockups. "It's
more productive to be in-state," said Sen. Denton Darrington, R-Declo, chairman
of the Senate Judiciary and Rules Committee, who said he would support a new
Idaho prison modeled after the state-owned but privately run Idaho Correctional
Center (ICC). "We don't want to stay out-of-state unless we have to ��- It's
undesirable." A decade of movement -- Idaho has shipped inmates elsewhere for
more than a decade, though in some years they were all brought home when beds
became available at four of Idaho's state prisons. The 1,500-bed ICC - a
state-owned lockup built and run by CCA (Corrections Corporation of America) -
also opened in 2000. But that wasn't enough: "It will be years before a
substantial increase in prison capacity will allow IDOC to bring inmates back,"
the agency said in April. In 2005, former IDOC director Tom Beauclair warned
lawmakers that "if we delay building the next prison, we'll have to remain
out-of-state longer with more inmates," according to an IDOC press release. That
year inmates were taken to a Minnesota prison operated by CCA, where Idaho paid
$5 per inmate, per day more than it costs to keep inmates in its own prisons.
"This move creates burdens for our state fiscally, and can harden our prison
system, but it's what we must do," IDOC said at the time. "Our ability to
stretch the system is over." Attempts to add to that system have largely failed.
Earlier this year Gov. C.L. "Butch" Otter asked lawmakers for $191 million in
bond authority to buy a new 1,500-bed lockup. The Legislature rejected his
request, but did approve those 1,300 new beds at existing facilities. Reinke
said IDOC won't ask for a new prison when the next Legislative session convenes
in January. With a slow economy and a drop in inmate numbers, it's not the time
to push for a new prison, he said. Still, recent projections for IDOC show that
without more prison beds here, 43 percent of all Idaho inmates could be sent
out-of-state in 2017. "It's a lot of money to go out-of-state," Darrington said.
Different cultures -- One of eight prisons in Idaho is run by a private company,
as are those housing Idaho inmates in Texas and Oklahoma. The Bill Clayton
Detention Center in Texas is operated by the Geo Group Inc., which is managing
or developing 64 lockups in the U.S., Australia and South Africa. The North-Fork
Correctional Facility in Oklahoma is owned and operated by CCA, which also has
the contract to run the Idaho Correction Center. CCA houses almost 75,000
inmates and detainees in 66 facilities under various state and federal
contracts. Critics of private prisons say the operators boost profits by
skimping on programs, staff, and services. Idaho authorities acknowledge the
prisons make money, but consider them well-run. "Private prisons are just that -
business run," Idaho Virtual Prison Program Warden Randy Blades told the
Times-News. "It doesn't mean out-of-sight, or out-of-mind." Yet even Reinke
added that "I think there's a difference. Do we want there to be? No." The
Association of Private Correctional and Treatment Organizations (APCTO) says on
its Web site that its members "deliver reduced costs, high quality, and enhanced
accountability." Falling short? Thomas Aragon, a convicted thief from Nampa, was
shipped to three different Texas prisons in two years. He said prisons there did
little to rehabilitate him, though he's up for parole next year. "I'm a
five-time felon, all grand theft and possession of stolen property," said
Aragon, by telephone from the ICC. "Apparently I have a problem and need to find
out why I steal. The judge said I needed counseling and that I'd get it, and I
have yet to get any." State officials said virtual prisons have a different
culture, but are adapting to Idaho standards. "We're taking the footprint of
Idaho and putting it into facilities out-of-state," Blades said. Aragon, 39,
says more programs are available in Idaho compared to the Texas facilities where
he was. Like Aragon, almost 70 percent of Idaho inmates sent to prison in 2006
and 2007 were recidivists - repeat IDOC offenders - according agency annual
reports. GEO and CCA referred questions about recidivism to APCTO, which says
only that its members reduce the rate of growth of public spending. Aragon said
there weren't enough case-workers, teachers, programs, recreational activities
and jobs in Texas. Comparisons between public and private prisons are made
difficult because private companies didn't readily offer numbers for profits,
recidivism, salaries and inmate-officer ratios. 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: "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 have grown from
the way they have been sent to the prisons. Inmates describe a horrific bus ride
from Idaho to Oklahoma in April in complaints collected by the American Civil
Liberties Union in Boise. The inmates say they endured painful and injurious
wrist and ankle shackling, dangerous driving, infrequent access to an unsanitary
restroom and dehydration during the almost 30-hour trip. "We're still receiving
a lot of complaints, some of them are based on retaliatory transfers," said ACLU
lawyer Lea Cooper. IDOC officials acknowledge that they have also received
complaints about access to restrooms during the long bus rides, but they
maintain that most of the inmates want to go out-of-state. Many are sex
offenders who prefer the anonymity associated with being out-of-state, they
said. Unanswered questions -- Three deaths of Idaho interstate inmates in 18
months have left families concerned that even more prisoners will come home in
ashes. "We're very disturbed about...the rate of Idaho prisoner deaths for
out-of-state inmates," Cooper said. It was the razor-blade suicide of
sex-offender Scott Noble Payne, 43, in March 2007 at a Geo lockup in Dickens,
Texas that caught the attention of state officials. Noble's death prompted Idaho
to pull all its inmates from the Geo prison. State officials found the facility
was in terrible condition, but they continue to work with Geo, which houses 371
Idaho inmates in Littlefield, Texas, where McCullough apparently killed himself.
Noble allegedly escaped before he was caught and killed himself. Inmate Aragon
said he as there, and that Noble was hog-tied and groaned in pain while guards
warned other inmates they would face the same if they tried to escape. Private
prison operators don't have to tell governments everything about the deaths at
facilities they run. The state isn't allowed access to Geo's mortality and
morbidity reports under terms of a contract. Idaho sent additional inmates to
the Corrections Corporation of America-run Oklahoma prison after Drashner's
husband died in June. IDOC officials said an Idaho official was inspecting the
facility when he was found. IDOC has offered few details about the death. "The
murder happened in Oklahoma," said IDOC spokesman Jeff Ray, adding it will be up
to Oklahoma authorities to charge. Drashner said her husband had a pending civil
case in Idaho and shouldn't have been shipped out-of-state. She says Idaho and
Oklahoma authorities told her David was assaulted by another inmate after he
verbally defended an officer at the Oklahoma prison. Officers realized something
was wrong when he didn't stand up for a count, Drashner said. "He was healthy.
He wouldn't have been killed over here," she said.
Pocatello Women's Correctional
Center
Pocatello, Idaho
Prison Health Services
November 21, 2008 The Olympian
Idaho jurors have awarded $3.6 million to a former inmate and her young son
after a harrowing birth at the Pocatello Women's Correctional Center. Jamie
Lysager alleged in her lawsuit that she was denied proper prison medical care
and ended up giving birth on a prison ramp. In a verdict late Friday night in
Pocatello, 6th District Court jurors awarded $375,000 to the woman. The award
for her now-4-year-old son Taylor was $3.25 million. The lawsuit alleged that
Prison Health Services, which formerly oversaw and staffed the Idaho Department
of Correction's medical services, failed to properly diagnose Lysager, and that
she was denied proper health care leading up to the Feb. 14, 2004, premature
birth of her son. The lawsuit contends the birth occurred while she was being
moved in a wheelchair, and that the infant fell from the mother, struck his head
on a concrete ramp and was then run over by the wheelchair. The little boy has
been diagnosed with cerebral palsy. Prison Health Services no longer contracts
for medical care in Idaho's prison system. It has contended that Taylor's
injuries were not caused by its actions or inaction.
November 21, 2008 AP
A jury is considering a $23 million lawsuit filed by a former inmate of the
Pocatello Women's Correctional Center who says she was denied proper health care
and ended up giving birth on a concrete ramp after being left in a holding room
for 10 hours. The lawsuit alleges that Prison Health Services Inc., which
formerly oversaw and staffed the Idaho Department of Correction's medical
services, failed to properly diagnose Jamie A. Lysager, and that she was denied
proper health care leading up to the Feb. 14, 2004, birth of her son. The
lawsuit contends the birth occurred while she was being moved in a wheelchair,
and that her son, Taylor, "fell from her body and the wheelchair, landing on the
back of his head on the concrete ramp." It alleges the wheelchair then ran over
Taylor and "that the umbilical cord and a portion of the placenta were ripped
from plaintiff." Taylor spent two months in a hospital. Now 4 years old, the
complaint says that he has been diagnosed with cerebral palsy. The jury began
deliberating Wednesday. Lysager is seeking $3 million for pain and suffering and
for her son's future economic needs. She's seeking $20 million in punitive
damages. Lysager entered the correctional facility on Dec. 11, 2003, after
violating her probation. She had pleaded guilty earlier that year in 7th
District Court to fraudulently possessing a financial transaction card, and was
sentenced in June 2003 to up to five years in prison. Lysager was told to expect
her child on April 4, 2004. On Feb. 3, she told medical staff she had flu-like
symptoms and diarrhea. The lawsuit contends the medical staff failed to treat
her for the next 10 days. Lysager's attorney, Richard Hearn, told the jury
before it began deliberations that Prison Health Services violated its own
policies by not transporting Lysager to the hospital when she began having
medical problems. According to the lawsuit, Lysager, at 5:30 a.m. on Feb. 14,
told medical staff she was suffering from dehydration, diarrhea and stomach
cramps. She was given an ultrasound to monitor the baby's condition. Then, after
10 hours in a holding cell, the suit said, she began screaming and kicking the
locked door to get the staff's attention, and at 5 p.m. began giving birth while
on the toilet. Attorney Joseph McCollum Jr., representing Prison Health
Services, said Lysager was likely suffering from an inflammatory condition of
the uterus that can cause a premature delivery without labor, contributing to
physical and cognitive problems in children. He said that even if Taylor had
been born in a hospital, the physical challenges he faces might not have been
different. He said the medical staff thought they were treating Lysager for flu
symptoms, not a possible early delivery. Though he said the staff didn't follow
proper procedures, they didn't act with malice or willful disregard.
Val Verde County Correctional Facility and
Jail
Del Rio, Texas
GEO Group (formerly Wackenhut Corrections)
December 28, 2007 AP
Fifty-five Idaho inmates who were moved out of a troubled Texas prison on
Thursday have been forced by a contract delay to make a temporary stop before
going to their final destination, a lockup near the Mexican border. More than
500 Idaho prisoners are in Texas and Oklahoma due to overcrowding at home. The
prisoners being moved are bound for the Val Verde Correctional Facility in Del
Rio, Texas, after more than a year at the Dickens County Correctional Center in
Spur, Texas, where one Idaho inmate killed himself in March. Because a Texas
county official has yet to approve the contract to house Idaho prisoners at Val
Verde, they have first been sent 100 miles away to the Bill Clayton Detention
Center in Littlefield, Texas. There, they will sleep in groups of up to 10 men
on makeshift cots in day rooms until resolution of the contract allows them to
complete the final 250-mile leg of their journey to Val Verde sometime in early
January. The inmates "were a bit dubious and questionable about that," said
Randy Blades, the warden in Boise who oversees Idaho's out-of-state prisoners.
That's one reason why his agency has sent two officers to make sure the move
runs smoothly, Blades said. Both the Dickens and Val Verde prisons are run by
private operator GEO Group Inc., based in Boca Raton, Florida. Pablo Paez, a
spokesman for GEO, didn't immediately respond to requests for comment. GEO no
longer has the contract to manage the Dickens facility after Tuesday. Because
Idaho recently rejected an offer from the new company that will run Dickens, GEO
on Thursday had to move the Idaho inmates to temporary quarters in Littlefield.
Though Idaho officials thought details of the move to Val Verde had been
resolved, Department of Correction Director Brent Reinke said he learned only
last week that a Texas county judge wanted a lawyer to look at the contract one
last time. "It was something we did not anticipate," Reinke said. "GEO is paying
the transport costs." This is just the latest uprooting of Idaho inmates since
they were first shipped out of state in 2005. Since then, they have bounced from
prison to prison in Minnesota and Texas amid allegations of abusive treatment.
There also has been the criminal conviction of at least one Texas guard for
passing contraband to inmates; at least two escapes; and the death of Scot Noble
Payne, a convicted sex offender who slashed his throat last March in a solitary
cell at Dickens County. Idaho officials who investigated concluded the GEO-run
prison was filthy and the worst they had seen. As a result, about 70 Idaho
inmates were moved from Dickens to Littlefield, where about 300 Idaho inmates
were already housed, while the state continued talks with GEO over sending the
remaining 55 to a new 659-bed addition at Val Verde. Despite the stopover, GEO
has a hefty incentive to make sure the move to Val Verde goes smoothly, Reinke
said. The company hopes to win contracts with Idaho to build a large new prison
here to help accommodate the state's 7,400 inmates. "They're really monitoring
this closely, and doing a good job at this point," Reinke said. "It's not a lot
different than triple bunking."
November 27, 2007 Idaho State Journal
A company that's due to take over a troubled privately run Texas prison in 2008
made a sales pitch Monday to Idaho Department of Correction officials, saying it
hopes the management shake-up and $1.2 million in proposed renovations will
overshadow past problems and persuade Idaho to ship more inmates to the lockup.
Civigenics, a unit of New Jersey-based Community Education Centers, Inc., with
prisons or treatment programs in 23 states, will manage Dickens County
Correctional Center in Spur, Texas, starting Jan. 1 after winning a competitive
bid. Until now, The GEO Group Inc., based in Florida, ran the facility. In
March, Idaho prison officials called Dickens under GEO's oversight ''the worst''
prison they'd seen, citing what they called an abusive warden, the lack of
treatment programs and squalid conditions they said may have contributed to the
suicide of inmate Scot Noble Payne, who was held for months in a solitary cell.
Idaho is nearly ready to move 54 prisoners who remain at Dickens to a new
GEO-run facility near the Mexican border, after shifting 69 inmates elsewhere
this summer. Dickens County and Civigenics officials came to Boise to offer
assurances they'll remedy concerns over their 15-year-old prison as they aim to
stay in the running to house some of the hundreds of prisoners that Idaho plans
to ship elsewhere in coming months to ease overcrowding. Some 550 of Idaho's
7,400 inmates have been sent out of state since 2005. GEO ''thought they were
too good,'' Sheldon Parsons, a Dickens County commissioner, told Idaho
officials. ''They're used to running bigger facilities. That just kind of didn't
fit into our program. Civigenics will definitely fit.'' Idaho plans to send 120
additional prisoners to a private prison in Oklahoma in January. It's also
looking for space in other states for groups of inmates in increments of about
100 starting in mid-2008. Bob Prince, a Civigenics salesman, said his company
could house as many as 150 Idaho inmates at a revamped Dickens. The $1.2 million
from Dickens County, which owns the prison, would cover new fencing, exterior
lighting, security improvements, kitchen renovations and more rooms for
education and treatment programs. Still, Idaho officials including Department of
Correction Director Brent Reinke indicated the plan may not be enough to address
complaints that have prompted him to vacate Dickens. Idaho, which earlier this
year conceded it lost track of how its inmates in Texas were being treated
before Payne's suicide, has outlined its concerns in several reports over the
last nine months. Lingering shortcomings include a lack of cell windows and a
drab, dingy atmosphere in an aging facility built as county jail, not for
long-term prisoners. ''The cells inside that facility are pretty dark and
dank,'' said Randy Blades, the Idaho warden who oversees out-of-state prisoners.
''What are you looking at to change the cells themselves?'' Texas officials
conceded that wasn't considered. ''We haven't looked into any of that,'' Parsons
said, before adding, ''We'll try and do anything we can to make people happy
that are coming in. Nobody has ever brought that up before.'' Despite past
problems with GEO, Blades said Idaho aims to soon finalize a contract with that
company to move inmates still at Dickens to a new 659-bed addition at the Val
Verde Correctional Facility, near the Mexican border. That contract also calls
for roughly 40 inmates currently in Idaho to be sent to Val Verde. Val Verde has
seen its own share of problems under GEO leadership. GEO settled a wrongful
death case after a female Texas prisoner killed herself following allegations
she was sexually humiliated by a guard and raped by an inmate. Earlier this
year, the local government was forced to hire a monitor for the facility. Even
so, Blades said a visit to the new cellblock slated for Idaho inmates earlier
this year convinced him and other officials that the prison is appropriate and
safe. ''It's a very good facility, very secure,'' Blades said of Val Verde.
''There's a good dayroom. The cells are well lighted.''
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