|
Albany
County Jail
Albany, New York
Prison Health Services
September 4, 2004
A Bronx woman who delivered a live baby in a jail toilet in 2001 after her
premature labor allegedly was ignored for days has filed a federal civil rights
claim blaming Albany County officials and a former jail nurse for her son's
death. Ajadyan Venny was at least 5 months pregnant when she was jailed on
a drug charge on Aug. 30, 2001, according to the suit filed in U.S. District
Court Thursday. The 30-page lawsuit alleges the following chain of events:
The 22-year-old was given a cursory exam and pregnancy test and then left on her
own as pain in her abdomen and back spiked over the next 10 days. A female
jail nurse who is employed by Prison Health Services, Inc., told Venny
repeatedly that the pain was a normal result of being pregnant in jail, which is
a stressful environment. Venny was supposed to see an obstetrics
consultant on Sept. 4, 2001, but her appointment was canceled. Five days later,
on Sept. 9, her screams woke the dorm at 5 a.m. At 6:30 a.m., correction
officers told Venny she couldn't get help until the 7 a.m. shift change. By
then, she could no longer walk on her own. The nurse told guards she couldn't
leave her post. A concerned correction officer finally radioed his
sergeant, who ordered the nurse to see to Venny, who now was sitting on the
toilet in her cell and bleeding profusely. But the nurse was ineffective, court
papers said: "At approximately 7:15 a.m. nurse Hunt responded to the dorm,
bringing with her only a blood pressure cuff to attend the plaintiff, who was in
the end stage of labor." The nurse attempted to console Venny rather
than render medical assistance. She told officers at 7:18 a.m. that Venny had
miscarried in-utero and ordered an ambulance. It was only after a Colonie EMS
workers asked if there was a baby that a guard went back to check the toilet
"and found a sac containing a child who had been unattended for a
substantial period of time." Correction officers freed the baby and
cut his umbilical cord. After two days in Albany Medical Center Hospital's
neonatal unit, the struggling newborn, Scott Mayo Jr., died at 3 a.m. on Sept.
11. "This was a full-grown, viable baby," attorney Kevin
Luibrand said. "It was not a fetus. She was probably much further along
than she thought." State correction officials later faulted Prison
Health Services Inc. for their handling of the situation. The county did
not renew its contract with the company in Feb. 2002, saying it would go with a
less expensive provider. Officials at the jail declined to comment on the
lawsuit. Richard Wright, president and CEO of Prison Health Services, also
declined to comment. The Brentwood, Tenn.-based company recently was
dismissed from an eight-year contract with the Schenectady County Jail after the
death of an inmate. (Times Union)
Brooklyn
Correctional Services Corporation
October 19, 2004 1010 WINS He's been convicted of theft,
reviled by the press and pushed from office in a scandal that came to symbolize
lax ethics in Albany . Roger Green is still feeling pretty good. Running all but
unopposed for the state Assembly, he's poised to retake the Brooklyn seat he
resigned in June after pleading guilty to stealing public money by submitting
fake travel vouchers to the state. Green's legal troubles emerged from a probe
of free transportation given to lawmakers by Sarasota, Fla.-based Correctional
Services Corp. Albany County prosecutors charged Green with stealing from the
state by submitting fake travel claims for expenses he never incurred when he
was riding the CSC vans. Green filed bogus claims for about 30 trips between
Albany and New York , prosecutors said. Green also was among a host of current
and former state lawmakers who wrote to state officials supporting extensions of
CSC's state contracts for halfway house services. CSC received $25.4 million
from the state to provide such services between 1992 and 2000. Green was
sentenced to three years' probation and ordered to pay $5,000 in fines and
restitution after admitting to two counts of petty larceny and one count of
offering a false instrument. He acknowledges using the CSC vans but said he paid
CSC for gas and asked for state reimbursement because he did not understand the
state's vague guidelines. But good-government advocates say Green's ethical
troubles and impending return to office show a pressing need for reform.
"The system is broken," said Barbara Bartoletti, legislative director
for the League of Women Voters of New York State. "The system has not
overseen itself at all."
November 17,
2003
ALBANY District Attorney Paul Clyne said yesterday he needs "a few
more weeks" to decide if he's going to indict state lawmakers for stealing
official travel reimbursements funds. Clyne told The Post he's still
waiting to receive potentially critical documents from Florida-based
Correctional Services Corp., the prison-services firm that provided free,
roundtrip limo trips to and from the Capitol for lawmakers able to help the
company win state contracts. Investigators believe several of those
lawmakers, including Brooklyn Democratic Assemblyman Roger Green, then billed
the state for thousands of dollars in travel reimbursements, even though they
incurred no actual costs. The probe was triggered by former Bronx
Democratic Assemblywoman Gloria Davis' guilty plea in January to taking bribes.
She also admitted accepting free CSC-provided transportation in exchange for
helping the company obtain contracts. "I would say we'll have the
decision within weeks. There are certain records that we're waiting for from the
company," Clyne told The Post. He said he would be able to reach a
decision on indictments within 30 days. Clyne and the state Board of
Elections, meanwhile, are also seeking to determine if several lawmakers,
including Green, received illegal "in-kind" campaign contributions
from CSC. CSC Vice President Jack Brown told the State Lobbying Commission
earlier this year that his company regularly provided undisclosed campaign
workers and transportation to Green and Brooklyn Assemblyman Daryl Towns during
the 2000 campaign season. (New York Post)
September 15, 2003
THE potentially explosive criminal probe of phony travel
vouchers filed by state lawmakers will wrap up in 30 days with a go-ahead for
indictments - or the dismissal of the case, The Post has learned. "I
anticipate we will make a decision within the next 30 days to either close the
case or go forward with an expanded investigation," Albany County District
Attorney Paul Clyne told The Post. "It's
hardly a dead issue," continued Clyne, whose probe began after the
corruption conviction earlier this year of former Bronx Democratic Assemblywoman
Gloria Davis. Clyne convened a new grand jury on
Wednesday that is expected to begin hearing testimony in the probe.
Legislative sources predicted Clyne would bring several
indictments. Clyne's probe focuses on expenditures
by Florida-based Correctional Services Corp., a private prison-services
provider, to allegedly influence several state lawmakers from New York City,
including the repeated provision of free, chauffeur-driven travel to and from
the state capital. Davis, who pleaded guilty to
taking a bribe, said the free travel was part of CSC's effort to win her help in
obtaining state contracts.
Brooklyn Democratic Assemblyman Roger Green has
also admitted receiving free travel. Investigators
suspect several lawmakers - including Green - billed the state for thousands of
dollars in travel mileage costs that were actually provided by CSC, an action
Clyne has said would be criminal fraud. "We've
been accumulating records, primarily from CSC, and we've been reviewing
reimbursement records provided by the Legislature," said Clyne.
Ominously for lawmakers, Clyne said he's obtained new
information "that has not been made public." Clyne,
meanwhile, is also seeking to determine if several lawmakers, including Green,
received illegal "in-kind" campaign contributions from CSC in
violation of state election law. CSC Vice
President Jack Brown told the state Lobbying Commission earlier this year that
his company regularly provided campaign workers and transportation to the 2000
re-election campaigns of Green and another Brooklyn assemblyman, Daryl Towns.
Stay tuned. (New York Post)
May
21, 2003
One of the major behind-the-scenes players in the city's lucrative
homeless-housing business is a director at a scandal-tainted prison-services
firm under investigation for allegedly bribing state lawmakers to win contracts,
The Post has learned. Shimmie Horn, a director of Correctional Services
Corp., is a major investor in homeless hotels, interests that he inherited from
his father, the late Morris Horn, who once ran one of the city's most notorious
"welfare hotels" of the 1980s, the Brooklyn Arms. Horn's lawyer,
Ron Torossian, said it's unfair to single out his client because of his role as
a member of the board of directors at CSC. CSC is under investigation by the
Albany County district attorney and three state agencies that are trying to
determine if the private prison firm bribed elected officials to win their help
in securing contracts. ( New York Post)
February 27, 2003
The state's Lobbying Commission fined a private prison company a record $300,000
today for failing to report free
transportation, meals and other gifts it had given to legislators in an effort
to keep millions of dollars in state contracts.
Reams of documents and depositions
released by the commission as it announced the fine today painted a picture of a
company, Correctional Services
Corporation, that did everything it could to curry favor with more than a dozen
elected officials in
Brooklyn
and the
Bronx
as it won contracts to provide services to recently released prisoners. The
$300,000 fine is the largest that the state has ever imposed on a single company
for breaking its lobbying laws. David
M. Grandeau, the executive director of the lobbying commission, said the size of
the fine was intended to send a strong message.
"This isn't a game," he said. "If you are going to lobby in this
state, you have an obligation to follow the law." The
company, Correction Services Corporation, based in
Sarasota
,
Fla.
, gained more than $22 million worth of state contracts in the
1990's, but no longer does any business with the state. The company's
president, James F. Slattery, a former New Yorker, denied
any wrongdoing, however. In a prepared statement, he said he took issue
with the commission's conclusions but had agreed to the
fine only to "avoid further expense and distraction." In
depositions before the commission, Mr. Slattery and another company official,
Jack A. Brown III, tried to cast blame for the
unreported lobbying activities on a former company vice president,
Franklin Chris Jackson, who left the company in 2000. Company
expense reports made public today suggest that Mr. Jackson not only provided
free transportation to some lawmakers but also wined and dined many others,
especially in early 2000. None of these gifts were reported to the lobbying
commission as required by law. At
least six of the unreported gifts were worth more than the $75 limit that state
law sets on perquisites lobbyists may
give lawmakers, the commission found. For
instance, Roberto Ramirez, a former
Bronx
assemblyman and county Democratic chairman, received a $113 fruit basket from
the company in March 2000. In the same month, Larry B. Seabrook, a former
Bronx
assemblyman now in the City Council, got a $202 plane ticket from
Washington
to
New York. Two other lawmakers, who were not named in the documents, received
boxes of chocolates on Valentine's
Day that year from the company worth more than $75. The
lobbying activities of the company are under investigation by the district
attorneys in
Albany
and
Manhattan
, who are looking at the
possibility of bringing criminal charges against company officials and
legislators. The lobbying commission has turned over the
records it has collected to those investigators. The State Legislative
Ethics Committee and the Board of Elections have also opened inquiries. In
depositions, Mr. Slattery and Mr. Brown said the company rented minivans during
the 2000 election and gave them to Assemblyman
Roger Green of
Brooklyn
and other candidates for use in campaigns. The
company's undisclosed influence peddling came to light after Assemblywoman
Gloria Davis, a Bronx Democrat, pleaded guilty
to bribery charges in connection with helping a construction company win
a lucrative contract in her district. As
part of a plea bargain, Ms. Davis admitted that she had accepted free rides to
and from
Albany
in vans provided by Correction Services
Corporation. She said she had in return helped the company continue to get state
contracts. Former employees of the
company say Mr. Green, an influential legislator who heads the Black and Puerto
Rican Caucus in the Assembly, was
also given free transportation in a minivan with tinted windows, as well as
workers for his political campaigns, free meals and a cellular telephone. The
depositions and documents released today, however, establish only that the
company provided a rented van for Mr. Green
sometime in December 2000. The two company officials maintained that the
van was only provided on one day for election
purposes. One of the company's records, however, refers to one of the
rented vans as "Roger minivan" in Mr. Slattery's
handwriting. Another expense report, from August 2000, lists a $30
expense that says: "Roger Green needed van." Gerald
L. Shargel, a lawyer for Mr. Green, said the assemblyman denied the documents
released today proved any wrongdoing. The
man at the center of the case, Mr. Jackson, was not deposed because he is
gravely ill, according to his lawyer, Gail E. Laser. Mr.
Jackson's expense reports, however, suggest he spent a good deal of time dining
with politicians. On Jan. 18, for instance, he
reported having a $170 dinner with State Senator Ada Smith at a
Queens
restaurant. On Jan. 27, he spent $223 on dinner at a
Bronx
restaurant with Mr. Ramirez, the county Democratic leader. Mr. Jackson's tab
also included a lunch at Sylvia's in
Harlem
with H. Carl McCall, the former
state comptroller, for $50. Many of
these meals were not necessarily illegal gifts under the state's $75 rule, but
failure to report them violated the law. (New York Times)
February 27, 2003
The state's Lobbying Commission fined a private prison company a record $300,000
today for failing to report free transportation, meals and other gifts it had
given to legislators in an effort to keep millions of dollars in state
contracts. Reams of documents and depositions released by the commission
as it announced the fine today painted a picture of a company, Correctional
Services Corporation, that did everything it could to curry favor with more than
a dozen elected officials in Brooklyn and the Bronx as it won contracts to
provide services to recently released prisoners. The $300,000 fine is the
largest that the state has ever imposed on a single company for breaking its
lobbying laws. David M. Grandeau, the executive director of the lobbying
commission, said the size of the fine was intended to send a strong message.
"This isn't a game," he said. "If you are going to lobby in this
state, you have an obligation to follow the law." The lobbying
activities of the company are under investigation by the district attorneys in
Albany and Manhattan, who are looking at the possibility of bringing criminal
charges against company officials and legislators. The lobbying commission has
turned over the records it has collected to those investigators. The State
Legislative Ethics Committee and the Board of Elections have also opened
inquiries. The company's undisclosed influence peddling came to light
after Assemblywoman Gloria Davis, a Bronx Democrat, pleaded guilty to bribery
charges in connection with helping a construction company win a lucrative
contract in her district. As part of a plea bargain, Ms. Davis admitted
that she had accepted free rides to and from Albany in vans provided by
Correction Services Corporation. She said she had in return helped the company
continue to get state contracts. ( New York Times)
February 26, 2003
Correctional Services Corporation (Nasdaq:CSCQ - News; the "Company")
announced today that it has entered into a final agreement with the New York
State Temporary Commission on Lobbying (the "Commission") that
concludes the Commission's review of the Company's semi-annual lobbying
expenditure reports for the period January 1, 2000 through June 30, 2001. As
part of the agreement, the Company has agreed to amend its semi-annual lobbying
reports for the period of January 1, 2000 through June 30, 2001 in accordance
with the Commission's views and to pay to the Commission a civil penalty for the
3 periods in question of $300,000.The Commission's investigation focused
primarily upon alleged lobbying activities of certain former employees of the
Company in New York. The Company cooperated fully with the Commission in the
course of its investigation and voluntarily provided to the Commission numerous
documents, records and testimony to assist the Commission in its investigation.
(Yahoo Finance)
February 21, 2003
Correctional Services Corp. could face a criminal charge for exceeding campaign
contribution limits in the 2002 elections, the second time the Florida-based
prison services company violated
New York
's election law, a state official said Thursday.
Campaign filings for 2002 show CSC gave at least $8,150 to various
campaigns, exceeding the $5,000 limit for corporations.
The company may have also provided campaign help that could qualify as
in-kind donations, which
must also be reported. Documents and testimony provided by CSC to the Temporary
State Commission on Lobbying show the company provided staff and vans to various
campaigns. Daghlian said the board
is investigating whether it should refer the company's excess contributions to a
district attorney. CSC in 1997 also violated the campaign contribution limit,
Daghlian said, handing out $6,000 to various candidates including $2,500 to
Republican Gov. George Pataki and lesser amounts to several current and former
New York City
Democratic assemblymen. A second
violation could qualify for a misdemeanor charge, Daghlian said.
The company is also a subject of investigations by the lobbying
commission and the
Albany
County
and
Manhattan
district attorneys, which are looking into free rides and other perks the
company provided to legislators. (Times Union)
February 21, 2003
The state Lobbying Commission has evidence that a private prison firm gave
illegal gifts to state lawmakers, a top commission official said yesterday.
After lengthy interviews with executives of Correctional Services Corp.,
Lobbying Commission Executive Director David Grandeau said the Florida-based
firm also improperly filed lobbying reports with the state.
"We feel there's sufficient evidence to bring an action against them
for failing to properly report their lobbying expenditures, along with the fact
that they made illegal gifts beyond the $75 limit to legislators," Grandeau
said. CSC, which has been under
investigation for giving free transportation to lawmakers, can settle the matter
by amending its reports and paying a fine or going to a hearing, he said. The
maximum fines are $50,000 per inaccurate report and $25,000 for each illegal
lobbying expense.
(New York Daily News)
February 18, 2003
A vehicle provided to Assemblyman Roger L. Green for his personal use was a gray
Plymouth Voyager minivan with tinted windows, but the perks from a private
prison company called Correctional Services Corporation did not end there,
according to interviews and records from a federal investigation into the
company's operations. Mr. Green, an
influential state legislator in
New York
, received a driver, a young man named Jorge Avila-Parks, who on many mornings
showed up at Mr. Green's home in
Brooklyn
. There was also the public relations aide for Mr. Green's office, workers for
his political campaigns, free meals and a cellphone. All told, the federal
investigative records indicate, the package was worth as much as $2,000 a month.
When it came to courting the powerful as it won millions of dollars in
state contracts, Correctional Services did not hold back.
And now its political activities have provoked an array of inquiries.
Company records have been turned over to state prosecutors in
Albany
and
Manhattan
, executives have been subpoenaed, and the state lobbying commission is
determining whether favors for lawmakers were properly disclosed.
Campaign Duty Company employees said that at election time, Correctional
Services required many workers at its state and federally financed halfway
houses in
New York City
to become foot soldiers in the campaigns of many politicians, from former Mayor
David N. Dinkins to the Rev. Al Sharpton to lawmakers in
Washington
,
Albany
and the city. At one Correctional Services halfway house, 17 of the 22 workers
were out on the trail early one November, according to federal records.
It might have been familiar duty for some of them: Correctional Services
had hired them because they were relatives or friends of
United States Representative
Edolphus
Towns
of
Brooklyn
, State Assemblywoman Carmen E. Arroyo of the
Bronx
and numerous other officials. Sometimes,
Correctional Services, its executives and its workers just donated directly to
campaigns. They gave tens of thousands of dollars in political contributions to
Democratic lawmakers from the city, and then, when it seemed that Gov. George E.
Pataki might scale back the company's contracts because of a shrinking prison
population, they turned their attention to him.
"The higher-ups made it very known that if it wasn't for the
political leaders and these political favors that we were doing for them — and
if we don't keep them in office — then the company would cease to exist,"
recalled Richard Ruiz, who worked for the company as a case manager and facility
manager from 1992 through 1995, just as it began winning state contracts.
"They would say that all the time: that we had to look out for those
people, for the politicians." The
federal report includes testimony from workers that the company's president, Mr.
Slattery, knew about the favors that Mr. Jackson was providing to politicians,
but an Albany lawyer retained by the company, James Featherstonhaugh, said last
week that those accounts were inaccurate. State
lobbying commission officials said they have discussed seeking a record fine of
more than $250,000 against the company for Mr. Jackson's activities. Mr.
Ramos is quoted as saying that the use of company workers for political favors
was covered up by creating what was called a "Community Assistance
Project." "Ramos stated
that these payments and benefits were provided to Green so that Esmor would
retain the state contracts for halfway housing in
New York
," the report says. State
investigators say that among the issues they are exploring is whether Mr. Green
and other lawmakers were reimbursed by the state for travel expenses while they
were accepting free travel from Correctional Services.
Mr. Jackson's success in building ties to Albany can be measured in
letters that more than 25 Democratic state lawmakers sent to the Pataki
administration in late 1997 and 1998, praising Correctional Services and
requesting that the contracts be continued. Many of the letters, which were
similarly worded, indicate that copies were sent to Mr. Jackson.
Around the time that state lawmakers were writing the letters, the
company, Mr. Slattery and its workers suddenly began donating heavily in support
of Mr. Pataki, sending $12,500 to the Republican State Committee, $10,000 to the
Conservative Party and more than $5,000 to the Pataki campaign. Among the
contributions were a spate of small donations, ranging from $150 to $300, given
in November 1998 in the names of company workers, several of whom said they had
not given the money. "I'm not
even politically affiliated," recalled Jose Moreno, a former worker who is
listed as having donated $150. With
Mr. Jackson largely out of politics and Correctional Services no longer in
business with the state, the story of the company's ties to lawmakers might have
faded away had it not been for an unrelated incident.
A
Bronx
assemblywoman, Gloria Davis, who was so close to Mr. Jackson that he referred
to her as "Mom," was charged last year in an unrelated bribery case.
In the course of the inquiry, the
Manhattan
district attorney's office learned that she had repeatedly accepted free
transportation from Correctional Services. Among
her drivers was a midlevel Correctional Services personnel manager named Gilbert
Jimenez, who said in a recent interview that he drove her between her district
and
Albany
at least 30 times in 1999 alone. He
described how he would be called on the telephone or beeped at all hours to pick
up Ms. Davis in a Ford cargo van or a Dodge Caravan minivan used to shuttle
prisoners. All the while, Ms. Davis was seeking reimbursement from the state for
her travel costs, records show. Mr.
Jimenez, who left the company over a dispute, later became a plaintiff in a
lawsuit brought by the Equal Employment Opportunity Commission against the
company. That suit was settled out of court.
"Jackson and them — their common phrase was, `We're untouchable,'
because of their political connections, because of who they knew," Mr.
Jimenez said. (New York Times)
February 6, 2003
New York
's lobbying commission has determined from an initial review of a private
prison company's records that company officials failed to disclose meals and
other items used to cultivate ties to state lawmakers, officials said yesterday.
As a result, the company is expected to face a sizable fine.
The company, the Correctional Services Corporation, based in
Sarasota
,
Fla.
, turned over documents detailing the expenses of a former vice president to
the lobbying commission yesterday afternoon. The commission's executive
director, David M. Grandeau, said he had just begun examining the records, but
it was apparent that there were numerous expenses, especially meals for
lawmakers, that had not been reported to the commission.
"There is lots of information, and it is going to take us quite a
bit of time to go through it," Mr. Grandeau said. "But it's clear from
a brief perusal that their filings in 2000 and 2001 were not accurate and need
to be amended." Correctional
Services sought the aid of state lawmakers in the late 1990's when Gov. George
E. Pataki tried to cut its contracts to run halfway houses for recently released
prison inmates, and the lawmakers were able to help restore the money.
Under the law, companies are required to disclose their lobbying expenses
regularly, but Correctional Services never told the commission about the
lobbying practices of the former vice president, Franklin Chris Jackson. The
company records show that
Mr. Jackson treated several lawmakers to more than 100 meals, while also
supplying them with transportation between
New York City
and
Albany
, according to people who have seen the records.
Among those who received the favors were Assemblyman Roger L. Green of
Brooklyn
; former State Senator Larry B. Seabrook of the
Bronx
, who is now a City Councilman; and former Assemblywoman Gloria Davis of the
Bronx
, who recently pleaded guilty to bribery in an unrelated case. In addition to
transportation to
Albany
, Mr. Seabrook also received a $200 plane ticket to
Washington, the records show. The
lawmakers have declined to comment on Correctional Services.
James D. Featherstonhaugh, a lawyer for Correctional Services, said it
was cooperating with the commission, and believed that the documents were
responsive to the commission's requests. Asked whether the documents were
evidence that the company had violated lobbying laws, Mr. Featherstonhaugh would
not comment. Mr. Jackson has
declined to be interviewed by the commission, and it has threatened to subpoena
him. His lawyer has told the commission that Mr. Jackson is terminally ill with
cancer, and is not able to provide testimony.
(New York Times)
January 31, 2003
A
vice president of a private prison company that received millions of dollars in
New York State contracts treated a group of legislators to more than 50 meals in
recent years, according to people involved in inquiries into the company's
activities in Albany.
The company, Correctional Services Corporation, has been gathering
documents related to the work of the vice president, Franklin Chris Jackson, who
is no longer with the company, and has agreed to turn them over to the state
lobbying commission. The commission is examining whether Mr. Jackson was
essentially an unregulated lobbyist who wooed state lawmakers without disclosing
his lobbying as the law requires law. Manhattan and Albany prosecutors are also
conducting their own investigations.
People involved in the inquiry said company records show that Mr. Jackson
routinely took a handful of state lawmakers to meals in New York City. The
expenses were never detailed in the company's lobbying reports. The names of the
lawmakers could not be determined.
Correctional Services sought the aid of Democratic lawmakers from the
city in the late 1990's when Gov. George E. Pataki tried to cut its contracts,
and the lawmakers successfully urged the Assembly speaker, Sheldon Silver, to
restore the money. One focus of the inquiries is the link between lawmakers'
efforts on behalf of the company and any favors that the company bestowed.
One lawmaker, Assemblywoman Gloria Davis of the Bronx, admitted in a
Manhattan court that she accepted transportation from the company in the late
1990's in return for helping it retain state contracts. (New York Times)
January 28, 2003
The Albany County district attorney has begun a formal criminal inquiry into the
dealings of a private prison company that gained millions in dollars in state
work while extending favors to several state lawmakers. The district
attorney Paul A. Clyne, said that his investigation of Correctional Services
Corporation had just begun, and that it was impossible to predict its ultimate
scope. "We are going to be looking primarily at C.S.C.; they are at
the center of the wheel," Mr. Clyne said. The company provided a
variety of services at halfway houses in the state for prisoners set to be
released. "As far as I am concerned, my investigation could involve
100 legislators or it could involve none," Mr. Clyne said. (New York
Times)
January 26, 2003
A private prison
company at the center of state inquiries
into influence peddling in Albany has a checkered history in metropolitan
New York, having been the subject of two federal investigations.
Prosecutors in Manhattan and the lobbying commission in Albany are
looking into whether the company, Correctional Services Corporation, violated
any laws in its effort to continue receiving state contracts to run halfway
houses for people recently released from prison. The corporation, a national
company started by welfare hotel operators in New York City more than a decade
ago, garnered more than $22 million in state contracts from 1992 to 2001, but
has seen its business with the state fall to nothing in the last two years.
One lawmaker, Assemblywoman Gloria Davis of the Bronx, has admitted in a
Manhattan court to accepting free transportation from the company in the late
1990's in return for helping it keep getting state contracts. After Ms. Davis's admission on Jan. 7, Assemblyman Roger L. Green of
Brooklyn told reporters that he, too, had accepted rides to and from Albany in
one of the company's vans. Another
area of inquiry is whether the company also provided free cellphones to
lawmakers, officials said. In addition, federal authorities say they have an
open investigation into allegations the company's employees were forced to work
on political campaigns of New York State and City lawmakers during the 1990's.
Whatever the results of the inquiries, the company, formerly called Esmor
Correctional Services, has had its share of problems during its decade of work
in the state. In 1995, federal
officials canceled its contract for the management of a detainment center in
Elizabeth, N.J., after a melee broke out and it came to light that undocumented
immigrants had been abused by poorly trained guards.
Throughout the 1990's, federal Justice Department officials compiled
evidence that the company's employees were forced to work on Democratic
political campaigns in the city, including those of former Gov. Mario M. Cuomo,
former Mayor David N. Dinkins, Representative Gregory W. Meeks of Brooklyn and
Mr. Green, who heads the black and Puerto Rican caucus in the Assembly. And in 2000, Mr. Jackson was arrested while on vacation in
the Dominican Republic on pornography charges. He was later dismissed.
Mr. Jackson, whose associates said he had not been seen in weeks, did not
return calls for comment left at his last registered number.
Throughout almost all their dealings, though, the company continued to
gain work with the state, and it is clear it operated in Albany as many
aggressive contractors do: its officials contributed to legislators, and when
the money from the Pataki administration dried up, they enlisted the Assembly's
Democratic majority to regain the funds. Esmor
was formed in 1989 by Mr. Slattery and Morris Horn, who had previously been
partners in one of the city's most notorious welfare hotels, the Brooklyn Arms.
Though they had no experience in operating jails, Mr.
Slattery and Mr. Horn won a federal contract to open a halfway house in
Bedford-Stuyvesant, Brooklyn, and helped win over angry residents and local
politicians by hiring William Banks, a close associate of Representative
Edolphus Towns, to lobby for them. Shortly
after the fiasco at the Elizabeth detention center, however, Mr. Slattery and
his partners changed the name of the corporation and moved its headquarters to
Sarasota, Fla. Mr. Jackson remained in New York, overseeing the company's
operations here. The company's
lobbying efforts were successful throughout the 1990's. Pataki administration
officials say the company received a total of $20.4 million in contracts from
the Department of Correctional Services going back to 1992, when Mr. Cuomo was
governor. Beginning in 1998, Gov. George E. Pataki began to cut funds for the
halfway houses and then phased the money out entirely.
That is when the Assembly's Democratic majority, led by Speaker Sheldon
Silver of Manhattan, came to the company's aid, providing $600,000 out of
accounts the Assembly controls, known as member items, in 1998, 1999 and 2001.
(The New York Times)
January 24, 2003
A
bribery-linked Florida company has been offered a potentially explosive deal by
state investigators that requires it to name the names of all lawmakers who
received special favors, The Post has learned.
Correctional Services Corp., which gave chauffeur-driven rides, donations
and election assistance to numerous public officials, was told by the state
Lobbying Commission this week that it could settle an ongoing probe of the
allegedly illegal activities by naming the names, and paying a $150,000 fine,
said a source familiar with the offer.
The fine would cover three reporting periods when the prison company
allegedly violated state law by failing to reveal it was providing
chauffeur-driven rides to former Assemblywoman Gloria Davis of the Bronx. Davis
Earlier this month pleaded guilty to accepting a bribe from CSC.
It's also possible the commission will subpoena company officials and
demand they name, under penalty of perjury, all state officials who received
company gifts, the source said.
"CSC has been told they could end the investigation if they
completely and truthfully disclose the names of all those who received the
gifts, what gifts were involved, how much they were worth, and when were they
provided," said the source.
The company did not return calls seeking comment.
The Silver-sponsored money
was earmarked for CSC' prison halfway houses in New York City, where the company
also runs facilities for the federal Bureau of Prisons. (NY Post)
January 23, 2003
Assembly
Speaker Sheldon Silver helped bribery-linked correctional-services company win
nearly $2 million in special state funds, The Post learned yesterday.
State budget officials said Silver's budget negotiators insisted on the
last-minute addition of the funds - for Florida-based Correctional Services
Corp. – to Gov. Pataki's budgets during the 1999, 2000 and 2001 Fiscal years.
The funds were provided to CSC at the same time former Bronx Democratic
Assemblywoman Gloria Davis, once a powerful member of Silver's leadership, said
she was being bribed by CSC with free, chauffeur-driven transportation.
Brooklyn Assemblyman Roger Green, another Influential Democrat, has also
admitted receiving free chauffeur-driven transportation from CSC but insisted it
wasn't a bribe.
The Silver-sponsored money was earmarked for CSC's prison halfway houses
in New York City, where the company also runs facilities for the federal Bureau
of Prisons.
A secret federal report turned over to the Legislature's Ethics Committee
last week alleges that CSC, which Has aggressively pursued state and federal
contracts, regularly provided campaign workers and other assistance to New York
politicians during the 1990s.
The Post reported yesterday that a prominent New York City politician's
brother has been on the CSC payroll.
Bronx Democratic City Councilman Larry Seabrook said his brother Oliver
has been working CSC but wouldn't say for how long. (NY Post)
January 22, 2003
Correctional Services Corp., which is ate the center of a mushrooming state
probe into its aggressive lobbying tactics, is being sued by four inmates who
claim one of its workers sexually assaulted them at a halfway house on
Manhattan's East Side. In a lawsuit brought in Manhattan Federal Court,
the women claim that a counselor at Le Marquis Community Correctional Center on
E. 31st St. "Lured" them into his office on different occasions in
late 1998 and assaulted them. (New York Daily News)
January 19, 2003
A
secret federal report says a close ally of Brooklyn Assemblyman Roger Green
steered a scandal-linked company's campaign help to prominent politicians, The
Post has learned. The feds'
explosive, 50-page report - some details of which were disclosed in yesterday's
Post – quotes several company employees as saying Frank Chris Jackson, until
2000 a senior vice president with Florida-based Correctional Services Corp.,
ordered them to work on the campaigns of some of New York's best known
politicians. Former Bronx
Assemblywoman Gloria Davis pleaded guilty to bribery earlier this month and said
free transportation she received from CSC - a national operator of private
prisons and halfway houses which regularly seeks state and federal contracts -
was given as a bribe. "Jackson
was the key player and was always going to Albany, to political dinners, to
events that were taking place," said a source familiar with the report.
State lawmakers say Jaackson was a well known figure in Democratic
political circles in the late 1990s and was active in events sponsored by the
Black and Puerto Rican Legislative Caucus, which was once chaired by Davis and
is now headed by Green. The report cites a memo from Jackson to James Slattery, CSC's
president, saying that then-Assemblyman and now U.S. Rep. Gregory Meeks
(D-Queens) wanted the company to provide "security" at a meeting of
the Black and Puerto Rican Legislative Caucus.
Jackson's political activities, and his involvement with CSC, came to an
abrupt end in 2000 when he was arrested and imprisoned in the Dominican Republic
on charges of sexually abusing children, according to investigators and
published accounts. A law
enforcement source said Jackson's current whereabouts are unknown.
The federal report describes the widespread provision of assistance -
workers, vans, cars, and petition carriers by CSC and its predecessor company,
Esmor Correctional Services, during the 1990s for the campaigns of such well
known Democrats as then-Gov. Mario Cuomo, then-Mayor David Dinkins, the Rev. Al
Sharpton, U.S. Rep. Gregory Meeks of Queens and Green.
The report quotes several company employees as saying they were told they
would be fired if they didn't work in political campaigns. (NY Post)
January 18, 2003
A
secret federal report alleges that a half-dozen prominent New York Democrats –
including Mario Cuomo, David Dinkins and the Rev. Al Sharpton -- received
campaign help from a prison-services company at the center of a growing scandal,
The Post has learned. The feds' bombshell 50-page probe has been turned over to the
Legislature's Ethics Committee for further investigation, sources said.
Prepared by investigators for the U.S. Justice Department with the help
of the FBI, the report was handed over to the committee on Wednesday, two
government sources said. That's the
same day The Post disclosed that Brooklyn Assemblyman Roger Green admitted
receiving gifts from a correctional-services company that former Bronx
Assemblywoman Gloria Davis admitted had given her bribes.
Davis resigned from the state Legislature earlier this month after
pleading guilty to bribery. The still-secret federal report, completed in the late 1990s,
focuses on the role of Florida-based Correctional Services Corp. (CSC) and its
Long Island-based predecessor, Esmor Correctional Services, in allegedly
providing campaign services to prominent politicians.
Those cited in the report as benefiting from the company's help include
Cuomo, Dinkins, Sharpton, Rep. Gregory Meeks (D-Brooklyn) and Green, sources
familiar with the report said. The
report says CSC and Esmor routinely provided politicians and their political
organizations with dozens of campaign workers, petition carriers, vans, cars and
other assistance over a period of years. The
federal probe began after company employees complained that they were forced to
work for the campaigns under threat of being fired, according to the sources.
The report - which was described to The Post by two sources who said they
had first-hand knowledge of its contents - contains the accounts of many company
employees who charged they were forced to engage in conduct officials believe
could be illegal under New York law. Employees
told probers they were ordered to work on campaigns because the company wanted
to retain state and federal contracts, the sources said.
Repeated attempts to reach a CSC spokesman have been unsuccessful.
(NY Post)
January 16, 2003
The state Board of
Elections has joined the state Lobbying
Commission in looking into the activities of a Florida-based
company that has been courting New York state lawmakers, an official said
yesterday. Spokesman Lee Daghlian
said the board was looking into the apparent
over-contribution last year by the Correctional Services
Corp. to state legislative candidates. The
company operates two halfway-house-type facilities in New York City, one in the
Bronx and one in Brooklyn, for the Federal Bureau of Prisons.
The Sarasota, Fla.-based company had already been under investigation by
the state Lobbying Commission for allegedly giving free, round-trip van rides
between the Bronx and Albany to Assemb. Gloria Davis. She resigned her Assembly
seat and pleaded guilty last week in a bribery case.
News of the election board action came as Assemb. Roger Green
(D-Brooklyn) admitted that he also received free transportation from
Correctional Services Corp. over several years. Board of Elections records show the company contributed
$4,500 to Green's campaign committee as part of the $10,650 it gave to New York
politicians last year. Legally, corporations can give only $5,000 annually to
all candidates in New York. Daghlian
said the company would be notified about the apparent violation, asked to get
the excess contributions back and explain why it happened. The board spokesman
said the company had been caught over-contributing in 1997.
A telephone message to the company seeking comment was not returned
yesterday. The company had contracts with New York's state prison system that
between 1992 and 2000 brought it $25.4 million, according to the state
comptroller's office. (News Day)
January 15, 2003
The State Lobbying
Commission has launched a probe of a major national firm
linked to the illegal conduct of just-resigned Bronx Assemblywoman Gloria
Davis, The Post has learned. The
still-secret probe focuses on two types of possible lawbreaking by Correctional
Services Corp. (CSC) of Sarasota, Fla. - one of the nation's biggest providers
of privately run prisons and correctional services - which provided free,
chauffeur-driven transportation to Davis from her home in The Bronx to the state
Capitol and back, a source familiar with the investigation said.
The commission is also expected to seek to determine if other state
lawmakers received similar favors from CSC, which could constitute illegal
gifts. The commission is also
investigating a powerful lobbying firm, Bolton St. John, which once represented
CSC, to find out if it was aware of the free transportation given Davis, an
official of the firm told The Post. Davis,
long a powerful member of the Assembly's Democratic majority, resigned last
week, a day before pleading guilty to taking $24,000 in bribes from a contractor
seeking a state contract and to receiving free transportation from CSC over a
four-year period, from mid-1998 to March 2002.
Prosecutors in the Manhattan District Attorney's Office said CSC gave
Davis the free transportation - which a source said could have been worth tens
of thousands of dollars - in exchange for her help in attempting to win state
contracts. Three sets of lobbying
reports detailing CSC's efforts to influence state government during 2000 and
2001 failed to disclose the transportation services provided Davis, a source
said. "The company filed three
lobbying statements in 2000 and 2001, and they did
not include the expenses incurred for providing transportation to Davis,"
the source noted. "The company
could be fined $50,000 for each of those omissions, as well as $25,000 for the
illegal gifts, so the fines could total $225,000.
"In
addition, there could be a criminal charge against the company relating to the
illegal gifts," the source continued.
Repeated attempts to reach CSC for comment were unsuccessful. (New
York Post)
January
15, 2003
A Brooklyn lawmaker has admitted to receiving free transportation fro the same
company that allegedly provided similar services to former Assemblywoman Gloria
Davis. Democratic Assemblyman Roger Green told the New York Post in Wednesday's
editions that Correctional Services Corp., gave him rides to and from Albany
over a period of several years. Prosecutors had accused Davis, a Bronx Democrat,
of accepting free round-trip van rides from CSC in exchange for helping it
unravel government red tape. Last week, Davis pleaded guilty to accepting bribes
to steer deals to favored contractors, while prosecutors also accused her of
taking additional bribes in exchange for favors. According to the Post, the
company, in filings with the Lobbying Commission, said it lobbied both Green and
Davis. CSC of Sarasota, Fla., contributed $4,500 to Green's campaign last year,
the newspaper said. The Lobbying Commission is investigating CSC for possible
illegal activities. (AP)
Broome
County Jail
Broome, New York
Correctional Medical Services
October 27, 2003
A state report issued this month on two inmate suicides at the Broome
County Jail last year found fault with medical procedures but said staff
security and supervision were performed properly. The state Commission of
Correction, the agency that oversees all of New York's jails, issued its report
nearly a year after a 20-year-old asphyxiated himself Oct. 18, 2002, with a
shoelace by wrapping it around a window frame in his cell and tying it around
his neck. A murder suspect died in a similar manner on Christmas Eve by
asphyxiating himself using a sheet. The two were the first suicides at the jail
since it opened in 1996. Both men had medical issues when they were booked
in, the report indicated. Scott Sickles suffered symptoms of heroin withdrawal,
but did not receive standard treatment for drug withdrawal from medical staff,
the report states. John Leonard, 37, accused in the mid-December death of
his fiancée, took antidepressants to treat his depression. But in the six days
between booking and his suicide, Leonard did not receive medication for his
mental illness. Both men shared information about their problems with
medical staff, the report indicates. Broome County contracts with Correctional
Medical Services Inc. for inmate health care. Larry S. Fischer, the jail's
administrator, declined to discuss specifics of the deaths. Both families have
put the county on notice that they plan to sue the county and its officials.
However, jail officials instituted changes recommended by the commission six
months before the report was issued. Changes include the availability of
temporary prescriptions for inmates with verified medication needs. CMS now has
a contractual obligation to provide that service, Fischer said. In the past,
inmates waited 24 hours while CMS obtained medication from a facility in
Minnesota. (Press & Bulletin Sun)
Business
Week
Cornell
November 24, 2005 New York Times
Federal prosecutors have charged a former securities broker, David Pajcin, with
insider trading related to information the authorities said he gleaned by
illegally obtaining advance copies of Business Week and buying stocks that the
magazine was covering favorably. Pajcin apparently persuaded an unidentified
worker at a printing plant near Milwaukee to steal a copy of Business Week
before it was released to the public. The complaint said that Mr. Pajcin bought
shares in at least 10 companies from November 2004 to early March; Business Week
wrote positively about all of them. Mr. Pajcin bought shares or stock options in
companies like TheStreet.com, Cornell Corrections, the SIPEX Corporation, the
IMAX Corporation and Arbitron early on the same day that the companies appeared
in the magazine's ''Inside Wall Street'' column.
Dutchess
County Jail
New
York, New York
Prison Health Services
July
19, 2004
New York state investigators have accused Prison Health Services, the company
seeking to renew its contact at the Palm Beach County Jail, of causing the death
of a Schenectady, N.Y., inmate suffering from Parkinson's disease. A
scathing report issued last month by the New York Commission on Correction
echoed criticism in Palm Beach County that Prison Health Services has withheld
care to inmates for added profit. The company is one of five bidding on the
county contract. The New York report details what led to inmate Brian
Tetrault's brain basically shutting down after he was denied his prescribed
medication for advanced Parkinson's disease by a Prison Health Services medical
director at the Schenectady County Jail. In October 2002, the commission
-- a three-member body that evaluates, investigates and oversees correctional
facilities in New York -- issued a report on the death of Victoria Smith, who
died of cardiac arrest at the Dutchess County Jail in southeast New York after
complaining multiple times of chest pains. In the cases of both Tetrault
and Smith, Prison Health Services' main reaction to the commission's inquiries
was to get its lawyers involved, Lamy wrote to the company: "You and your
colleagues are exclusively focused on protecting the business interests of
PHS." The New York deaths evoke similar issues in Palm Beach County. Both
inmates were denied medication. Prison Health Services staff concluded Tetrault
was faking illness and labeled Smith a drug abuser. Company officials and
doctors have cited malingering inmates and drug abuse as reasons for denying
medication. (Palm Beach Post)
September 12,
2003
Some county lawmakers are urging jail officials to
reconsider the county's affiliation with Prison Health Services after calling
into question the objectivity of an auditing firm that supported the actions of
the health care provider in a case that resulted in the death of an inmate at
the jail. Jail officials commissioned the
audit, which was conducted by Jacqueline Moore & Associates, after Dutchess
County Legislator Mario Johnson questioned jail administrators about their
decision to extend the contract with Prison Health Services despite a damning
report issued by the state Commission of Correction following the Feb. 16, 2002,
death of inmate Victoria Smith. The state
Commission of Correction found the 35-year-old woman's death to be the result of
gross negligence by the medical staff employed by the jail under a contract with
the private health care provider. Smith died of heart failure while an inmate.
She had complained to medical providers several times in the week prior to her
death of chest pain and numbness in her left arm. On the day Smith died, a nurse
dismissed Smith's complaints as "drug seeking." County
officials were urged by the state to replace that firm, because, state officials
said, the company was "holding itself out as a medical care provider while
seeming bereft of any quality control." But
auditors with Jacqueline Moore & Associates took strong exception to the
state's findings and said the report was "filled with editorial comments
and numerous findings that are irrelevant to the inmate's death" and
disputed a finding by the state that Smith's death was the result of a systemic
failure of the health care provider. "While
it may be reasonable to question some aspects of the medical evaluation and
treatment of Ms. Smith, the records reveal that Ms. Smith had timely access to
care, that her medical complaints were objectively evaluated and that medical
orders were performed as ordered. That the
head of the auditing firm is a founder of Prison Health Services and the ex-wife
of the director of the health care company made some lawmakers look at auditing
firm's findings with trepidation. Legislator
James Hammond, R-Poughkeepsie/Wappinger, said the relationship between the two
companies "reduces my confidence in the objectivity of the report."
He, along with Kristen Jemiolo, D-Poughkeepsie, suggested
the county ask local hospitals to provide inmate medical care at the jail.
"We did in the past ask St. Francis and Vassar
(hospitals)," said Jail Administrator David Rugar. "None of them were
interested. He said that Prison Health Services was the only company to respond
to the county's most recent request for proposals to provide health care
services at the jail. Rugar also said
Jacqueline Moore & Associates was the only firm to respond to the county's
request for proposals to conduct the audit. The company was paid $15,000 for the
study. (Daily Freeman)
Erie
County Holding Center
Erie, New York
Community Based Corrections, LLC
March 5, 2005 WGRZ
Campaign finance reports for Legislature Chairman George Holt are prompting more
questions about a $3 Million dollar contract proposal for a Louisiana based
firm. The issue was first raised last week when Erie County Comptroller Nancy
Naples brought up the budget amendment resolution which was part of the December
8th budget. The Legislature was not able to come up with necessary votes to fund
that budget. Naples says the measure called for a contract with Community Based
Corrections, LLC of New Orleans which would provide an alternative incarceration
program. The amendment and the company claims they can save millions of dollars
for local government. It specifically said the money to fund the program would
come from the budgets of the County Holding Center, Correctional Facility and
Probation Department. But Naples says no one really knew much about the firm.
Sheriff Patrick Gallivan, who has oversight for the holding center and
correctional facility, says he was asked to evaluate the firm by Chairman George
Holt but also knew little about it. Channel Two's Claudine Ewing asked Holt last
week about the program. Ewing: "Do you have any ties ? Holt: No. Ewing: Do
you know the people? Holt: Oh, of course." Ewing also asked: "So they
never kicked in any money to pay for your campaign? Holt: My brother was
instrumental in helping me at a fundraiser in the area but this company...no
involvement at all." Channel Two obtained Holt's campaign disclosure forms
from last year. There is a $500 contribution listed from Jimmie Woods at 2500
Joseph Street in Harvey, Louisiana which is a suburb of New
Orleans. Channel 2 called the Woods' home in Louisiana. A woman told reporter
Ron Plants that she was Jimmie Woods' wife. She also identified her husband as
manager of Community Based Corrections and said her husband used 2500 Joseph
Street as a business address. The woman said Woods was out for the evening and
not available. The Louisiana Secretary of State's website also lists Jimmie M.
Woods as the manager of Community Based Corrections LLC. Channel 2 repeatedly
tried to reach Chairman Holts but he was not available to speak to us. Channel 2
did speak with campaign treasurer Tyrone Hargrove who said he knew nothing about
the contribution and would try to contact Holt. Hargrove said Holt would be
available on Thursday.
Lehman
Brothers
Park Avenue, NY
April 9, 2002
Shareholders
arriving Tuesday morning for Lehman Brothers' annual meeting
at its new Park Avenue headquarters were greeted by a gaggle of angry
protesters, who planted themselves in front of the building to voice
opposition to Lehman's involvement in the financing of private prison
companies.
Protesters who claimed to represent Prison Moratorium, Jews for Racial and
Economic Justice and New York University, among other organizations, urged
city officials to block Lehman from underwriting bond issues for any New
York City agency--unless the firm abandons its role as an underwriter of
financings for private prison companies. Shares of CCA and Cornell rose
slightly following the Sept. 11 terrorist
attacks, as the market speculated that there might be an increase in
government contracts for housing illegal immigrants, but have since
declined to the trading levels of last summer.
(Investment Dealers Digest)
Monroe
County Jail
Monroe County, NY
Correctional Medical Service (formerly run by Prison Health Services)
August 23, 2007 Rochester Democrat and Chronicle
A state commission has concluded that a private company gave inadequate
mental health treatment to a teenager who hanged himself in Monroe County Jail.
A report by the state Commission of Correction stopped short of saying that
Correctional Medical Services Inc. of St. Louis, which contracts with the county
to provide medical care to jail inmates, was responsible for the death of
16-year-old Javon Leggett on Aug. 29, 2004. But the report charged that: A
Correctional Medical Services employee who wasn't trained to deal with high-risk
inmates or depressed adolescents was assigned to Leggett after what might have
been a previous suicide attempt six weeks before Leggett's death. Leggett wasn't
referred for follow-up mental health care or medication even though he was
interested in both, and was removed from suicide watch three days after the
apparent suicide attempt. The company was at fault for failing to provide
properly trained mental health providers and recommended that Monroe County
review whether it should continue to retain the company. Despite the report,
however, the county renewed its contract with Correctional Medical Services on
Jan. 1. The one-year extension was for $7.5 million. The report marks the second
time that a state investigation into an inmate death at the jail has sharply
criticized private companies for inadequate medical or mental health care. In
May 2002, the Commission of Correction said inmate Candace Brown died in
September 2000 when she received "grossly and flagrantly inadequate care" from
Prison Health Services Inc. after her opiate withdrawal was untreated. Prison
Health Services of Brentwood, Tenn., provided care in the jail from 2000 to
2004, when Correctional Medical Services replaced it with a three-year, $17.7
million contract approved by the County Legislature. Prison Health Services
agreed to pay $450,000 to Brown's family to settle a lawsuit. The report on
Leggett's death, issued in March 2005, was kept private until it was filed
earlier this year as part of a lawsuit against the county and Correctional
Medical Services by Leggett's mother, Loretta Leggett. Rochester lawyer Van
Henri White, who represents Loretta Leggett, said the critical report has
prompted him to seek a settlement with the county and the company. "They've
refused to talk about settlement," he said. "I've tried everything to convince
these people that this is a case that should be settled." A spokesman for the
county declined to comment about the case because it involves pending
litigation. A spokesman for Correctional Medical Services said he couldn't
comment about the case because it involves confidential mental health records.
Both the county and the company have filed legal papers seeking to have the
lawsuit dismissed on the grounds that they acted properly. In its papers,
Correctional Medical Services said its care to Leggett met or exceeded the
standard of care and maintained that it's uncertain whether Leggett committed
suicide or accidentally hanged himself while attempting to get transferred from
the jail to Rochester Psychiatric Center. Leggett was charged in May 2004 with
assault and robbery. He pleaded guilty on Aug. 20, 2004, and was expected to
receive five years' probation and six months in jail. But a deputy found him
dead in his cell, hanging from a sheet tied around his neck, on Aug. 29, 2004.
Six weeks earlier — on July 16, 2004 — Leggett was found under his bunk in what
was documented in medical records as an attempted hanging. Leggett, who had a
sheet around his neck, said he was stressed out but denied a suicide attempt.
Correctional Medical Services assigned an employee who had a master's degree in
social work — but was unlicensed — to perform a "lethality assessment" of
Leggett to determine whether Leggett was in danger of committing suicide.
Leggett was watched constantly as a suicide risk until July 22, when the social
worker decided Leggett was feeling better. After seeing the social worker again
on July 26, Leggett had no more mental health follow-ups, the Commission of
Correction said in its report. "Overall, the evolution and treatment afforded
Leggett was inadequate," the report said. "There was no referral to a
psychiatrist, psychologist and nurse practitioner to evaluate Leggett for
medication. There was no treatment plan, no follow-up for release after constant
supervision, no monitoring, no medication."
December 3, 2003
A proposed contract to hire Correctional Medical Services Inc. to provide health
care at Monroe County jails was approved by a 6-to-1 vote Monday by the County
Legislature’s Public Safety Committee. County Executive Jack Doyle asked
legislators to approve a three-year contract for $17.7 million with Correctional
Medical Services, which is based in St. Louis and operates in 28 states.
Democratic legislators began Monday’s hearing by raising questions about the
company’s record and the wisdom of continuing to put medical care for the jail
in the hands of a private company. “I have some extremely grave concerns
about this particular service,” said Legislator Carla Palumbo, D-Rochester.
But after a 1½-hour presentation by county officials and representatives of
Correctional Medical Services, Palumbo cast the only dissenting vote. The
proposed contract is also scheduled to be reviewed by the legislature’s Ways
and Means Committee on Wednesday and could be voted on by the full legislature
next Tuesday. Maj. John Caceci of the Sheriff’s Office said that the
level of care would be much higher than now provided. And Ann V. Mack, regional
vice president for Correctional Medical Services, said that there would be an
outside monitor to oversee the care provided. “The bottom line is that
we’re going to get more mental health and health care,” said Legislator H.
Todd Bullard, D-Rochester. Questions about Correctional Medical Services
were recently raised by the state Commission of Correction, the state’s
watchdog for jails and prisons. Frederick C. Lamy, chairman of the medical
review board of the commission, faulted Correctional Medical Services for
violations of nursing practice rules, severe understaffing, extraordinary high
turnover rates and resistance to oversight scrutiny. Lamy also said that
Correctional Medical Services and other for-profit companies doing similar work
could be engaged in the unlawful corporate practice of medicine, nursing and
pharmacy in the state. That’s because state law does not authorize such
activities. The state Education Department, which licenses medical
professionals, is looking into this matter. Karen Butler, a lawyer
representing Correctional Medical Services, said at Monday’s hearing that the
doctors hired by the company are similar to “independent contractors.”
Correctional Medical Services would take the place of Prison Health Services,
another private company that was criticized by the Commission of Correction for
its care of an inmate who died in the Monroe County Correctional Facility in
2000 after her opiate withdrawal went untreated. Meanwhile, lawmakers
continued to meet in their caucuses Monday as Republican legislators try to come
up with a budget proposal for 2004. Legislators will resume meeting at
6:30 p.m. today. (Rochester)
November 22, 2003
The company that Monroe County government wants to hire to provide medical
services in its jails has come under fire for inadequate care in connection with
two inmate suicides in Broome County, says the state commission that oversees
jails. County Executive Jack Doyle has recently asked the County
Legislature to approve a three-year, $17.7 million contract with Correctional
Medical Services Inc. Lawmakers could vote as early as next month. The
concerns of the New York State Commission of Correction were spelled out in a
Sept. 23 letter from Frederick C. Lamy, chairman of the commission’s
seven-member Medical Review Board, to the state Education Department, which
licenses nurses and doctors. The letter and the Commission of Correction’s two
reports of inmate deaths were obtained by the Democrat and Chronicle under
the state Freedom of Information Law. Lamy writes that the commission’s
inquiry into “this corporation have revealed numerous and significant quality
of care issues, including violations of nursing practice rules, severe
understaffing … a resistance to oversight scrutiny and some severely
problematic outcomes.” Lamy also said that Correctional Medical Services
could be engaged in the unlawful corporate practice of medicine, nursing and
pharmacy in New York. The commission questions whether Correctional
Medical Services, and other for-profit companies doing similar work in jails and
prisons, can hire licensed medical professionals to provide services to jail
inmates because state law does not authorize such activities. Correctional
Medical Services would be responsible for providing the care that another
private company, Prison Health Services of Tennessee, has provided in Monroe
County jails. However, Correctional Medical Services would be expected to
provide the mental health care at the jails now done by the county. The
care provided by Prison Health Services was sharply criticized by the Commission
of Correction in 2001 in its review of the circumstances surrounding the death
of inmate Candace Brown. Brown died in September 2000 at the county Correctional
Facility after her opiate withdrawal went untreated. The commission blamed
Brown’s death on “grossly and flagrantly inadequate” medical care. This
past May, according to court records, a settlement was reached after Brown’s
daughter sued Prison Health Services and Monroe County officials. Prison Health
Services agreed to pay $450,000 to Brown’s family. (Democrat and
Chronicle)
March 30, 2001
Inmate Candace Brown's death has raised questions about the private company
Monroe County lawmakers hired two years ago to run the jail's medical operation.
In 1999, county lawmakers approved a three-year, $9 million contract that turned
over the jail's medical services to Prison Health Services of Tennessee.
Until then, county employees had provided most of the services. Sheriff
Andrew Meloni had urged the contract even as jail medical personnel and union
leaders warned that the company had a checkered past and would likely rely on
less-experienced staff as a way to save money. A report released yesterday
by the state Commission of Correction about Brown's death indicated that the
county ought to reconsider whether the private company should continue running
the jail's medical operation. One of the major concerns raised by the
prison watchdog commission was that licensed practical nurses were on duty
without oversight by registered nurses, who have more training and expertise in
emergency situations. The commission cited the lack of expertise as a
reason no one aided Brown who was suffering from heroin withdrawal. Those
who spoke out against privatizing jail medical services two years ago, now say
they warned of this possibility. " We said they would reduce the
quality of care. We were concerned in a cost-cutting effort they would use
only (licensed practical nurses)," said Florence Tripi, regional
director of the Civil Service Employees Association, who was Monroe County's
CSEA chief in 1999. Dr. William Morehouse, who had worked part time as a
physician at the jail before the private company took over, had also cautioned
the county to go slowly on the approval of the contract. " I thought
that (the private company) had cut too much money out of the medical budget,
" Morehouse recalled about his 1999 testimony to the County Legislature.
County Legislator Stephanie Aldersley, D- Irondequoit, had called for tabling
the contract to investigate the history of the company. But the
Republican-controlled legislature approved the contract by a largely party line
vote. " We thought it was a bad decision at the time and this, sadly,
bears that out," Aldersley said yesterday. Still, the Commission of
Correction said it was troubled by the company's inability to detect the
questionable disciplinary record of a licensed practical nurse who was on duty.
(Democrat and Chronicle)
Le Marquis Community
Correctional Center
New York
Correctional Services Corporation
January 20, 2003
Dismissal denied private prison company in sexual abuse case Four former inmates
of a halfway house operated by a private company under contract to the Federal
Bureau of Prisons brought this action to recover for injuries after being
sexually abused by a company employee. Background: In 1998, Susan Scainetti,
Yvette Adorno, Stephanie Womble and Rosemarie Johnson were federal inmates at a
community corrections facility In New York City, Le Marquis Community
Correctional Center. The facility is owned, operated and maintained by
Correctional Services Corporation, under contract with the BOP. Between Nov. 6
and Dec. 28, 1998, Miguel Carriera, an inmate counselor And CSC employee,
allegedly lured the individual inmates individually into his office and sexually
assaulted them. The assaults were facilitated by the fact that Carriera's office
was at the end of a hallway and was isolated by double doors though which no
sound could be heard. Within two years after the alleged sexual assaults, the
inmates filed claims with the BOP for damages. When no settlement was offered,
Scainetti filed suit, and CSC moved to dismiss. Company representatives said the
claim was time-barred. Ruling: On its face, the three-year statue of limitations
barred Scainetti's claims, since her complaint was filed three years and three
days after the date of the alleged assault. However, after filing her complaint,
Scainetti received BOP records under a Freedom of Information request that
showed she originally complained about The incidents on Dec. 30, 1998. Scainetti
had told investigators that Carriera had made numerous sexual advances toward
her and others over a period several months. She said the sexual assaults
occurred on at least four occasions, "from sometime in October through
December 1998." Since the alleged assaults continued through December 1998,
at least some - if not all - of the assaults were within the statute of
limitations, the court said. The CSC's motion to dismiss was denied. Scainetti,
et al., v. Federal Bureau of Prisons, et al., No. Civ. 9970(SHS) (S.D.N.Y.
12/18/02). (Corrections Professional)
December 26,
2002
FORMER INMATES of a community confinement center operated by a private company
under contract with the federal Bureau of Prisons brought this action to recover
his injuries they suffered when allegedly sexually abused by an employee of that
company. The court rejected defendant Correctional Services Corp.'s motion to
dismiss, holding that a corporation that runs a correctional center for the
federal government cannot invoke the government contractor defense. The court
noted that the Second Circuit found that the defense "only shields a
government contractor from claims arising out of its actions where the
government has exercised its discretion and judgment in approving precise
specifications to which the contractor must adhere." The instant court
added that a contractor can still be found liable where it exceeded authority
given it by the federal government, or "where the federal government's
authority was not validly conferred." (New York Law Journal)
New
York Department of Education
May 11, 2005 New York Times
State officials have opened an investigation into whether the corporation
that provides health care for more than 100,000 inmates each year in New York
City jails is violating state law governing medical services. The State
Department of Education, which regulates the practice of medicine, is examining
the terms of the three-year, $300 million contract renewal the city signed in
December with the corporation, Prison Health Services. The inquiry will
determine whether the contract complies with a state requirement that for-profit
corporations providing medical services be owned and controlled by doctors - a
law intended to prevent business considerations, like maximizing profits, from
influencing medical decisions. Prison Health executives and the city officials
who oversee the company's work say they believe that the contract is in
compliance. But state education officials say the matter of who is in charge is
a serious one, with grave repercussions for the well-being and survival of
inmates, as well as the public health. The investigation, in fact, marks a
renewed effort by the Education Department, which first began to look into the
Tennessee-based corporation in 2001, after several inmate deaths in upstate
jails staffed by Prison Health began to draw stinging criticism from the State
Commission of Correction, which monitors jail conditions. The department's
investigators concluded then that Prison Health was violating the state law,
saying that company executives were ultimately responsible for medical decisions
and profiting from medical services. The two agencies asked the state attorney
general, Eliot Spitzer, to halt the company's operations in New York, but Mr.
Spitzer's office has declined to investigate. Now, however, education officials
have decided to look into the company's largest contract of scores across the
country, providing medical and mental health care at nine city jails on Rikers
Island and a 10th in Lower Manhattan. On April 20, Education Department
investigators met with three state assemblymen, city health officials and
Richard Rifkin, a deputy to Mr. Spitzer, to discuss Prison Health's legal
status. The Assembly members at the session were Richard N. Gottfried, chairman
of the Assembly's Health Committee; Jeffrion L. Aubry, chairman of the
Correction Committee; and Ron Canestrari, chairman of the Higher Education
Committee. Assemblyman Canestrari said Prison Health appeared to be in violation
of the state law governing for-profit medical services. "My understanding
is their structure doesn't comply with the law," he said in an interview
last week. "There have been attempts to meet the legal standard, but they
have fallen short." But company officials insist doctors are in charge of
medical decisions. In New York City, Prison Health says it provides only
administrative services to a doctor-run corporation, P. H. S. Medical Services
P. C., that directs all medical care at Rikers. But that corporation is run by
Dr. Trevor Parks, who is a regional medical director for Prison Health. State
education investigators have called Dr. Parks's corporation a sham, and said
that when they questioned him, he had only a vague idea of his role in it.
Several Prison Health employees at Rikers said in interviews that Dr. Parks
recently gathered a group of supervising doctors there and informed them that
they were employees of his corporation. Dr. Parks declined to comment yesterday.
New
York Legislature
Wackenhut (Group 4)
July 24, 2007 The Chief-Leader
Governor Spitzer has signed into law a bill prohibiting the privatization of
security posts in state jails. The measure, which was vetoed four times by
former Governor Pataki, bars the state Department of Correctional Services from
replacing Correctional Officers with private guards.
December 7, 2005 WWTI
Delays in issuing contracts for guard services continues to raise the security
risks for state employees and people visiting state buildings while wasting
taxpayer funds. That's according to state Comptroller Alan Hevesi's office. A
state comptroller's audit conducted in 2001 and 2002 found that private security
companies hired by the State's Office of General Services provided hundreds of
unlicensed and unqualified guards to protect state buildings, universities and
other facilities. In response, OGS awarded "emergency" contracts for
guard services to Burns International Security Services and the Wackenhut
Corporation in June 2002. OGS later agreed to rebid security contracts to find permanent
security providers. So far, they have not, even as security remains a
high-priority issue.
November 30, 2003
For the third straight year, Gov. George Pataki has vetoed a bill that would
prohibit privatized prisons in New York state. While the governor said in
a veto message issued Wednesday that "I strongly support" state and
local government employees staffing prisons and jails, he argued that the bill
has technical flaws and omissions that necessitated his veto. Among them
was uncertainty whether the authors intended the measure to apply to the
prison-like facilities for juveniles operated by the state Division for Youth,
investigators employed by district attorney's offices or to cell block
attendants employed by the city of Buffalo. Pataki said while the 2003
bill is an improvement over the measures he rejected in 2001 and 2002, "I
am constrained to disapprove this bill because it fails to fully address the
concerns raised in my prior veto messages." The bill might also
"undermine" legislation Pataki recently signed to prevent
privatization of New York City lockups, the governor said. The union
representing most state prison guards, the state Correctional Officers and
Police Benevolent Association, criticized Pataki for again basing a veto on
"legal glitches" he found in the bill. The measure had wide support in
the Legislature again this year, the union noted. "Prison
privatization is fraught with threats to public safety," the union said in
a statement. (AP)
Rikers Island
New York, NY
Prison Health Services
February 29, 2008 New York Times
A substance abuse counselor assigned to a drug treatment unit at Rikers Island
has been charged with selling $100 worth of cocaine to an undercover police
officer. The counselor, identified in papers filed in Queens Criminal Court as
Juan M. Delarosa, 56, was arrested on Jan. 6 at 19th Avenue and Hazen Street,
less than a block from the bridge to the Rikers complex. Mr. Delarosa was pulled
over by a detective who searched him and found two bundles labeled “Black Gold”
in the pocket of his jacket, the court papers said. The two bundles contained
100 packets of heroin, the papers said. They said the detective also found five
loose packets marked “Black Label” in Mr. Delarosa’s jacket and six packets in
his wallet, as well as two plastic bags of cocaine in a pants pocket. The court
papers said that he and an unidentified accomplice had sold an undercover
detective $100 worth of cocaine and some pills in East Elmhurst last Oct. 4. The
court papers did not explain why the undercover officer did not take Mr.
Delarosa and the other person into custody then, nor did they explain how the
initial sale came about. His arrest was reported on Wednesday on the Web site of
The Village Voice, villagevoice.com. Mr. Delarosa is charged with two felony
counts, criminal possession and criminal sale of a controlled substance. His
lawyer, Scott Dufault, did not return a call seeking comment. Mr. Delarosa was
employed by Prison Health Services, the Tennessee company that has been
providing health care to Rikers inmates since 2001. John Van Mol, a spokesman
for Prison Health, said the company has “a strict zero tolerance policy on drugs
in the workplace.” He said that Mr. Delarosa had been fired and that Prison
Health was cooperating with the authorities.
January 19, 2008 El Diario
David Mercado, a confused and distant seventeen year old, should have been
placed under special watch as a potential suicide risk when he was sent to
Rikers Island to await trial. Queens Criminal Court Judge Gene López ordered
that the teenager be treated as a potential danger to himself, as had been
recommended by Mercado’s lawyers. Instead, last month, Mercado was placed with
50 other inmates and had access to sheets and other items that someone labeled a
potential suicide risk should not have been exposed to. Less than 24 hours
later, Mercado was found dead. He hung himself with a bed sheet. Apparently, the
judge’s order and that of Mercado’s attorney did not carry enough weight with
the New York City Department of Correction. The Department responds that it had
its own medical and psychiatric evaluation performed of Mercado and that he was
placed in an appropriate unit. The willful disregard of court warnings by
Correction bureaucrats is outrageous. That specially designed sheets to prevent
inmates from killing themselves could have, should have, been given to Mercado
makes his death more tragic. His death also raises serious questions yet again
about the competency of the company contracted by the city to administer medical
services to inmates, Prison Health Services (PHS). In 2005, PHS was the subject
of an investigative series by the New York Times that found repeated instances
of medical care that was flawed or negligent. Mercado’s death is under
investigation. Arrested for having sex with a 14-year-old girl, he should have
had his day in court, and the red flags that were raised about his mental health
should have been heeded. Instead, uncaring treatment by a deaf bureaucracy
helped to turn his punishment into a death sentence.
June 27, 2007 North Country Gazette
New York City could better manage its $359.4 million contract with Prison Health
Services (PHS) by implementing a number of recommendations made in an audit
released by the State Comptroller’s office. PHS is in the final year of a
three-year contract to provide medical, dental, mental health, and
pharmaceutical services at 10 of the city’s 11 jails, which have an average
daily population of about 14,000 inmates. Although the New York City Department
of Correction operates the facilities, including nine at Rikers Island, the City
Department of Health and Mental Hygiene (DOHMH) oversees the PHS contract. DOHMH
reviews inmate medical files daily to determine whether PHS is delivering
services as stipulated in the contract, and reports on PHS’s performance on a
quarterly basis. If PHS fails to meet performance benchmarks outlined in the
contract, DOHMH can require PHS to put corrective action plans in place and levy
fines under the contract’s liquidated damages provisions. In 2005, for example,
DOHMH levied fines totaling $250,000, which is about five percent of PHS’s $4.75
million administrative fee for that year. Auditors found that more than 25
percent (10 out of 39 in two quarters, and 12 out of 39 in one quarter) of PHS’s
performance benchmarks for delivery of care were not met in consecutive
evaluation periods. PHS failed to meet benchmark standards in areas including
intake medical history and physical exams, dental services, and provision of
some HIV-related services for new inmates. Auditors noted specific problems in
the following areas: Performance Evaluation. In a review of the process by which
DOHMH evaluates PHS’s performance, auditors found that the agency was accurately
assessing the contractor’s work. In about half of the areas where corrective
action was needed, auditors found that PHS performance had improved and did meet
performance standards. But it sometimes took at least two quarters — six months
— for services to improve to the contract benchmark levels. Mental Health
Documentation. An initial corrective action plan noted the need for more
clinical supervisors, especially on weekends. But performance still did not meet
benchmarks and a second corrective action plan noted the same staff needs.
Intake History and Physical Examination. After failing to meet performance
benchmarks in these areas in the first quarter of 2005, a corrective action plan
was put in place. But rather than improving, contract compliance fell in the two
subsequent quarters. Quarterly Reports. Auditors pointed out that DOHMH’s
quarterly reports on contract compliance are not required to be issued within a
specific timeframe, and are usually disseminated two to three months after the
end of the quarter. Therefore, there is often a one-quarter delay in identifying
where corrective action plans are needed and putting them in place. Auditors
recommended that DOHMH take action to expedite issuance of the quarterly
reports. Corrective Action Plans. In some cases, corrective action plans may be
needed even when benchmarks are met. For instance, in the Medical Follow-up
Timeliness area, a compliance rate of 93 percent met the terms of the contract,
but auditors noted that rate still meant that the contract requirement was not
met in 5,600 instances in a nine-month period. Auditors outlined a number of
strategies to improve the overall effectiveness of the contract with PHS,
including a review of indicators used and acceptable compliance rates, and
working more closely with the Department of Correction on specific details of
the contract. The audit made several recommendations that, if implemented, would
help the City get better value out of the contract through greater compliance by
PHS. These improvements could occur through the balance of this contract, and
during subsequent agreements with PHS or other vendors. Among the
recommendations: expedite efforts to develop electronic medical records;
periodically validate a sample of the Service Delivery Assessment Unit’s daily
findings; expedite the development and implementation of corrective action
plans; and develop an ongoing process for monitoring the effectiveness of
corrective action plans. With an extended or new contract required after Dec.
31, 2007, OSC auditors note that the City should consider negotiating stronger
liquidated damages provisions. The audit notes that existing penalties — which
accounted for only about 5 percent of PHS’ 2005 administrative fee — may be
insufficient as compliance incentives. In its response to the audit, DOHMH
agreed with some of the auditors’ findings. DOHMH officials noted that the
agency used other standards beyond performance indicators to monitor contract
compliance, and that a failure by PHS to meet benchmarks is not an indication
that medical care was substandard or that inmates lacked medical services. The
complete response is included in the audit
November 8, 2006 New York Post
A dozen HIV counselors at Rikers Island got pink slips yesterday - drawing
outrage from union officials. Prison Health Services - the for-profit firm that
provides inmate health services for the city - said it was eliminating the
positions as part of a restructuring involving the city Department of Health.
"Eliminating counselors is tantamount to a death sentence for these inmates,"
said Jennifer Cunningham, vice president of Service Employees International
Union, which represents the workers. The DOH confirmed the job cuts but insisted
HIV-related services for inmates will not decline. DOH said 25 other staff
members, including doctors, will continue to provide testing and counseling.
"While the number of HIV counselors has fallen in the past two years, HIV
testing, always with informed consent, has more than doubled," the department
said.
January 31, 2006 New York Times
The deputy commissioner responsible for the city health department's Medicaid
and jail health care programs resigned last Friday after only seven months on
the job. His resignation is the latest of several recent departures and
reassignments of doctors and administrators who supervised jail medical and
mental health services, including the resignation this month of the assistant
commissioner who oversaw the jail health program's daily operation. The deputy
commissioner, Dr. Arthur N. Gualtieri, 65, left for "undisclosed personal
reasons," and did not want to be interviewed, said Sandra Mullin, a spokeswoman
for the Department of Health and Mental Hygiene. He is being replaced by an
associate commissioner, Louise Cohen, in charge of a departmental program to
improve cancer and H.I.V. screening in city hospitals, Ms. Mullin said. But the
relatively sudden departure of Dr. Gualtieri — a well-regarded physician and
administrator who gave up his $168,774-a-year city post with less than two
weeks' notice — has created the perception among inmate advocates and jail
clinicians that inmate health services, a complex array of programs that Dr.
Frieden has called a priority, are suffering from a lack of leadership. Managing
a jail health care program as complex as New York City's is a daunting task for
any administrator, one that the city's Tennessee-based medical contractor,
Prison Health Services, has often made more difficult, city officials say, since
taking over the contract in 2001. With varying degrees of success, city health
officials have repeatedly prodded the company to improve its care, particularly
for mentally ill and suicidal inmates, six of whom hung themselves during a
six-month period in 2003. At the moment, only one of the top two jobs in charge
of the health department's jail health care program is filled, and not by a
doctor, leaving no one with much experience dealing with inmates' medical
problems to monitor Prison Health Services. Recent turnover further down the
ranks of the correctional health services unit has only deepened a sense that
something is amiss, jail workers say. For instance, Dr. Maria Gbur, the medical
director, was hired two months ago, after her predecessor, Dr. Donald Kern, left
the job last June after only a year. And the psychiatrist who now runs the
unit's mental health program, a crucial post in a city bureaucracy responsible
for thousands of mentally ill inmates, was hired just three months ago.
January 27, 2006 New York Times
The Tennessee company that provides health care to city inmates failed to meet
one-fourth of its contractual performance standards for a third consecutive
quarter last year, city records show. The latest review, completed this month,
prompted city health officials to withhold $71,000 in payments to the company,
the largest quarterly penalty for poor jail care since 2001. In the third
quarter of 2005, the company, Prison Health Services, did not meet medical or
mental health standards in 10 of 39 areas, including those covering H.I.V.
treatment, mental health care and suicide watch, records show. Six of the 10
clinical standards that the company failed to meet, such as quickly
administering drugs to H.I.V.-positive inmates and completing evaluations of
mentally ill inmates, have been graded as failing by health department monitors
for three consecutive quarters, records show. In response to the continual
failing marks, the City Department of Health and Mental Hygiene, which awarded
the company a new $300 million, three-year contract in January 2005, raised the
financial penalties it imposed on Prison Health by about a third compared with
the first and second quarters of 2005. The company was fined $55,000 the first
quarter and $52,500 the second. The city's quarterly measurement system has been
criticized by some experts in performance measurements who have said it is
flawed and unusually lenient.
January 12, 2006 New York Times
The psychiatrist in charge of monitoring medical care in city jails is resigning
next week, after only six months on the job. The psychiatrist, Dr. Bruce David,
an assistant commissioner in the Department of Health and Mental Hygiene, is
leaving his $166,514-a-year job on Jan. 20 for one with the Nassau County
Correctional Facility, where he will direct mental health services, said Sandra
Mullin, a spokeswoman. Ms. Mullin said he took the new job because he missed
working directly with patients. Dr. David joined the department in January 2004
as its director of jail mental health care, after five years at Kirby Forensic
Psychiatric Center, a maximum-security hospital on Wards Island, as director of
clinical services. In June, Dr. David, 44, was made director of correctional
health services, a unit with a staff of 200 responsible for monitoring the
performance of the city jails' medical contractor, Prison Health Services Inc.,
in 9 jails on Rikers Island and a 10th jail in Lower Manhattan. In the past two
years, the monitoring unit issued quarterly report cards that repeatedly gave
Prison Health Services a failing grade in several areas including treating
diabetes, mental illnesses and acute medical problems. But medical-audit experts
also criticized the unit for being too lenient, for bending its own rules for
measuring the company's performance and for forgiving clinical mistakes that did
not cause significant harm to inmates. It is currently being audited by the
state comptroller's office.
December 26, 2005 New York Times
During the five years that a profit-making company, Prison Health Services, has
provided medical care in New York City's jails, city health officials have
assured the public that they were closely monitoring its work. The centerpiece
of that oversight is a quarterly report card that scores the company's
performance on all manner of care, a level of scrutiny that the city says is
unusually rigorous. And during those years, while state investigators have
faulted Prison Health for a rash of inmate suicides in New York, as well as
deaths in jails upstate, city health officials have regularly given the company
failing grades in many areas, including critical matters like treating diabetes,
mental illnesses and acute medical problems. Despite the disturbing reports,
city officials say that they have seen improvement, and that they have made
their standards even tougher. But a close examination of how the city evaluates
Prison Health's work reveals a process that often appears to be slapdash,
subjective and lenient. Several experts in health care auditing, as well as
doctors and nurses who work in the jails for the city and the company, question
whether the report cards provide anything approaching an accurate picture of the
medical services that cost New York taxpayers more than $100 million a year.
Officials of the City Department of Health and Mental Hygiene have repeatedly
bent their own rules for measuring the company's performance, forgiving flaws
that do not cause significant harm to inmates - and saving the company thousands
of dollars in city penalties. The department bases its report card on a review
of inmates' medical charts, but lets Prison Health pull the charts itself - a
practice that has allowed company employees to fix errors or omissions before
city auditors could see the files, said two Prison Health clinicians and three
health department employees involved in the process. Now the monitors themselves
are being monitored. The state comptroller is auditing how the health department
renewed its contract with Prison Health and how it oversees the work, an
official in the comptroller's office said this week. "The audit began
because the quality of the care has been a source of concern for a number of
years," the official said. It beefed up the quarterly report card, setting
standards in 39 areas of care; if the company failed to meet any standard 95
percent of the time, it would pay a penalty - usually $2,500 to $5,000 for each
failing score. Those penalties could double if the company failed to meet the
same standard twice in a row. The two reports issued since then have given
Prison Health a total of 22 failing grades, and penalized the company $107,000.
Those reports, health officials say, are part of a comprehensive auditing effort
that has six auditors in city jails every day reviewing inmates' medical charts.
"If there's a core value to the health department currently," Dr.
Frieden said during a public meeting in October, "it's that we base our
decisions on data." But some of that data is meaningless, because Prison
Health employees are able to review it and change it, said four people who work
at Rikers - two Prison Health senior clinicians and two auditors who work for
the health department's monitoring unit, Correctional Health Services. Those
employees were granted anonymity because they said they would be punished for
speaking to a reporter. Every day, the health department gives the company a
list of patients' charts it wants to review, a common practice in health care
auditing. But sometimes, one auditor said, company doctors and supervisors go
through the charts, correcting errors and filling in missing information, before
handing them over. The auditor said that in one jail, the only way she could
keep a physician's assistant from altering charts was to arrive at work first,
at 5:30 a.m. Some of the changes the company has made - like adding a signature
or checking a box that had been overlooked - are minor, the city auditors said,
though such omissions could lead to a failing grade. But sometimes, they said,
company supervisors have filled in answers to important questions, like whether
the inmate has H.I.V. or a mental illness. "They'll just sit there and
check 'no' to everything," without knowing whether the answers are true,
said one auditor. But one city auditor said that the alterations were common,
and that this year, after a mentally ill inmate died in the prison ward at NYU
Downtown Hospital, a Prison Health doctor and mental-health workers went through
the inmate's medical records, checking for missing information to fill in. In
another incident, in 2003, that auditor said, a Prison Health doctor used
correction fluid - a conspicuous violation of basic medical procedure, because
chart notes must be crossed out, never erased - to change the date when he
reviewed an inmate's abnormal lab test result. The change made it seem as if he
had done the review within 24 hours, as required, the auditor said. The auditor
said that complaints to health department supervisors had no effect. "It's
so totally frustrating how they bend the rules," she said. Even when all
the numbers are in, and the audit is completed, the scores are open to revision.
Prison Health is allowed to produce what is known as "loose paper,"
patient information that was missing from the charts during the audit, but later
found. Some auditing experts say that is a generally accepted practice in health
care reviews. But the two city auditors said that Prison Health had sometimes
misrepresented its work by turning in documents that it created after the audit.
The company denied this. And even after all that data is assembled and auditors
determine the scores, the medical director of Correctional Health Services
allows the company to argue in its defense, and sometimes changes the scores if
Prison Health makes its case that a particular failing did not harm patients. At
least 19 times since 2001, the medical director has excused enough deficiencies
in Prison Health's work that a failing score became a passing one, documents
show. For example, inmates are supposed to receive a physical examination within
four hours after being admitted to Rikers; but the medical director has
repeatedly decided to overlook the timing - the whole point of the standard. But
one health department manager familiar with the auditing process said the agency
was trying to make Prison Health Services look good, because it chose the
company. "If P.H.S. looks bad," he said, "we look bad."
Indeed, some serious medical lapses have occurred without the city detecting
them, said one Prison Health doctor. In April, he said, nurses performed kidney
dialysis on inmates for several weeks without a doctor present, as is required.
The health department said it was aware of only one incident, in which a nurse
dialyzed a patient with a doctor present but without a current order to do so.
The nurse was disciplined, the department said. But the incident was not
mentioned on the report card for that quarter, and Prison Health was not
penalized.
November 22, 2005 New York Times
State officials have reached a preliminary conclusion that New York City's $300
million contract for medical care at Rikers Island is illegal because it
violates a state law regulating profit-making medical companies, according to
the State Commission of Correction. New York law requires that corporations
providing medical services for profit be owned and controlled by doctors, to
prevent business considerations from influencing medical decisions. Prison
Health Services, the Tennessee company that has been delivering care since 2001
to the 100,000 inmates who pass through Rikers Island every year, is not run by
doctors. Officials with the State Commission of Correction, which oversees
health standards in New York's prisons and jails, said state investigators
informed them in August that they had tentatively determined that the city's
multimillion-dollar arrangement with Prison Health was improper. State officials
familiar with the city's contract with Prison Health have said that it appeared
to violate the state law because it makes doctors at Rikers answerable to Prison
Health executives in Tennessee. Prison Health hires all doctors at Rikers. The
implications for the city of any formal decision that Prison Health's contract
violates the law remain unclear. Last year, the company was among four companies
that bid for the city jail health care contract, and all four were profit-making
corporations. Lawmakers in the Democrat-controlled State Assembly have said a
finding of illegality would require the city to address the state's concerns.
Though city health officials have always maintained that the contract is legal,
the State Commission of Correction said that investigators with the Education
Department informed city officials late last summer that the contract was not
legal.
August 25, 2005 New York Daily News
The family of a suicidal man who hanged himself at Rikers Island is suing the
city for $45 million, claiming officials ignored signs that he was suicidal.
David Pennington, 27, was found July 18, 2004, dangling from a bedsheet tied to
his cell-door window at Rikers, where he had been jailed on burglary charges.
The suit also names Public Health Services, the Tennessee-based firm that
provides health care at the prison. Pennington had a
longtime mental illness when he entered Rikers in June 2004, according to the
suit filed in Manhattan Federal Court this week. He spiraled into a new
depression in Rikers and told a social worker that he had tried to kill himself
in the past and that his dad had died by hanging himself in prison, the suit
says. He saw staffers three more times over two days, but no one put him on
suicide watch or moved him to special housing for mentally ill inmates. Instead,
he was sent back to the general prison population, the suit says.
June 10, 2005 New York Times
A recent evaluation of the company in charge of inmate health care at Rikers
Island, coming months after it was awarded a new $300 million contract, has
found that it has failed to meet a number of the most basic treatment goals.
City records showed that the company, Prison Health Services Inc., did not meet
standards on practices ranging from H.I.V. and diabetes therapy to the timely
distribution of medication to adequately conducting mental health evaluations.
The city Department of Health and Mental Hygiene, which oversees the company's
work at Rikers Island and at a jail in Lower Manhattan, found that during the
first quarter of 2005, Prison Health failed to earn a passing grade on 12 of 39
performance standards the city sets for treating jail inmates. Some of the
problems, like incomplete medical records or slipshod evaluations of mentally
ill inmates, have been evident since 2004 but have not been corrected, according
to health department reports. Other problems identified in the department's
review, involving things as serious as the oversight of inmates who have been
placed on suicide watch, are more recent or had not been evaluated by city
health auditors in the past. As a result, the city is withholding $55,000 in
payments to the company, the largest penalty for poor performance it has
incurred since 2001, the first year of its work in New York City adult jails.
May 11, 2005 New York Times
State officials have opened an investigation into whether the corporation
that provides health care for more than 100,000 inmates each year in New York
City jails is violating state law governing medical services. The State
Department of Education, which regulates the practice of medicine, is examining
the terms of the three-year, $300 million contract renewal the city signed in
December with the corporation, Prison Health Services. The inquiry will
determine whether the contract complies with a state requirement that for-profit
corporations providing medical services be owned and controlled by doctors - a
law intended to prevent business considerations, like maximizing profits, from
influencing medical decisions. Prison Health executives and the city officials
who oversee the company's work say they believe that the contract is in
compliance. But state education officials say the matter of who is in charge is
a serious one, with grave repercussions for the well-being and survival of
inmates, as well as the public health. The investigation, in fact, marks a
renewed effort by the Education Department, which first began to look into the
Tennessee-based corporation in 2001, after several inmate deaths in upstate
jails staffed by Prison Health began to draw stinging criticism from the State
Commission of Correction, which monitors jail conditions. The department's
investigators concluded then that Prison Health was violating the state law,
saying that company executives were ultimately responsible for medical decisions
and profiting from medical services. The two agencies asked the state attorney
general, Eliot Spitzer, to halt the company's operations in New York, but Mr.
Spitzer's office has declined to investigate. Now, however, education officials
have decided to look into the company's largest contract of scores across the
country, providing medical and mental health care at nine city jails on Rikers
Island and a 10th in Lower Manhattan. On A |