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Arizona State Rep. Calls on AG to Investigate For-Profit Prisons

Friday, August 10th, 2012

State Legislator Chad Campbell (D-14) sent a letter two weeks ago to Arizona Attorney General Tom Horne requesting an investigation into the state’s current contracts with private, for-profit prison corporations. The letter relies heavily on the findings in AFSC’s recent report on the for-profit prison industry in Arizona, Private Prisons: The Public’s Problem.

In the letter, Campbell cites alleged violations of:

  • State law and individual contract provisions requiring proposed private prisons to demonstrate cost savings to the state
  • State law requiring private prisons to provide the same or better quality than state prisons
  • Contract provisions requiring private prisons to maintain safety standards and rehabilitate prisoners
  • State uniform contract provisions requiring private prisons to provide adequate staffing levels

A more recent Cell Out Arizona investigation revealed that the state has known for some time that its private prisons are not saving money, so it recently repealed a state law requiring the corporations to demonstrate cost savings in their bids for new contracts. The legislature also repealed another section of the same law that requires the state to conduct a Biennial Comparison Review of the quality of the state’s private prisons every two years.

Rep. Campbell is a member of the Joint Committee on Capitol Review. The objectives and major products of the staff of the JCCR are to:

  • Review the scope, purpose and cost of projects before releasing appropriations.
  • Approve corrections facilities expenditures from the Corrections Fund.

Rep. Campbell asserts that he and other members of the JCCR cannot achieve these objectives without the data provided by the Biennial Comparison Reports.  He states in the letter,

“Recent investigations have uncovered troubling evidence that state-contracted private prisons are not providing cost savings to the state and are not providing the same or better level of quality services.  Therefore, it is necessary and prudent for the Attorney General to conduct an investigation in order to provide lawmakers with the information they need to make decisions about prison expenditures.”

The situation is particularly urgent because the state of Arizona is poised to award a new contract for 2,000 more medium-security prison beds to a for-profit prison corporation. The legislature has mandated that the contract be signed by September 1st. The legislature appropriated $16 million for the prison in FY 2015.

Both Managment and Training Corporation (MTC) and GEO Group are bidding on the proposed prison. Both currently operate state prisons and would therefore be the subjects of the investigation. In addition, Corrections Corporation of America, Emerald Corrections, and LaSalle have also submitted proposals.

Arizona Department of Corrections Director Chuck Ryan was asked about the investigation last night at a public hearing for one of these prison proposals, submitted by Corrections Corporation of America for the town of Eloy. When asked whether he would suspend the procurement to await the results of the Attorney General’s investigation, he stated flatly, “no.” When asked if he would confirm, on the record, that the Department was willing to give a multi-million dollar contract to a corporation that may be violating state law and/or the terms of its current contract, he replied that he would need to consult an attorney before responding.

Top 10 Lies Told By Private Prison Corporations at the Arizona Hearings

Monday, August 22nd, 2011

It’s been a hot summer in Arizona, but there were a lot of private prison corporate executives whose pants were on fire over the past two weeks.  On the plus side, our crop yields will set records this year due to the amount of b.s. that we just got showered with. 

Over the past two weeks, the Arizona Dept. of Corrections (ADC) conducted public hearings on proposed private prisons in 5 Arizona towns:  Eloy, Goodyear, Winslow, San Luis/Yuma, and Coolidge.  At each hearing, the ADC gave a presentation on the bidding process, the Corporation gave a (sometimes quite lengthy) presentation on how awesome they think they are, and members of the public got 5 minutes apiece to raise concerns, ask questions, or, in many cases, beg them for jobs.

In their efforts to win a multi-million dollar contract, the corporations—CCA, GEO Group, MTC, and LaSalle—told some real whoppers.  Here are our favorites, plus the truth that they are trying to hide.

Lie # 10:  “No immigrant prisoners have died in CCA’s Eloy Detention Center.”

When asked about an ACLU investigation that revealed the Eloy Detention Center had the most inmate deaths of any detention center in the US, CCA’s talking head said it just never happened. 

But records from the US Department of Immigration and Customs Enforcement prove that nine immigrants have died while in custody at Eloy since 2003, two more than reported at any other facility.  The deaths were only discovered because of an ACLU lawsuit under the Freedom of Information Act asking for a comprehensive list of deaths in 2007. In April, the Department of Homeland Security released a list of 90 individuals who died while in custody.

Just because CCA tried to cover the deaths up doesn’t mean they didn’t happen. 

Lie # 9:  “Jobs, jobs, jobs.”

At all the hearings, the sales pitch was the same:  This prison will create umpteen construction jobs and kazillions of guard jobs.  The corporations are manipulating the financial distress of rural Arizona towns to get themselves a multi-million dollar contract.  So, what will the people of the next Arizona Prison Town get?

Well, they’ll get a few jobs, but not nearly the number they were promised.  Here’s why:

  • Private prison corporations are based in other states.  They are huge companies and bring in their own architects and construction companies.  They usually have relationships with distributors, and because buying in bulk is cheaper, they will go with those companies over local ones.  They will tell you that they will “try” to use as many local vendors “as possible,” but then they will determine that those local vendors are not competitive in their pricing or cannot handle the volume and they will go with the ones that they usually use. 
  • These towns are tapped out.  Every one of them already has at least one prison or a prison nearby.  Eloy has several.  Pinal County, where Eloy and Coolidge are located, has 6 CCA prisons, two entire state prison complexes (with about 5 units each), a few federal detention centers, and a county jail that also rents out space to CCA. 
  • The private prisons can’t keep people in the jobs they have now.  The Arizona Republic has reported that, “This year, through the end of June, the state has withheld about $844,000 from Kingman, $54,000 from Marana (also operated by MTC) and about $6,000 from Geo Group’s Phoenix West and Florence West prisons for failing to fill vacant positions quickly enough.”

Obviously, working in a prison isn’t for everyone.  These are difficult jobs, with long hours, and stressful conditions.  One corrections officer described it as “long stretches of boredom punctuated by moments of terror.”  Not every unemployed person in this town is going to want to work in the prison.  Or they will get a job there and quit shortly after.

Oh, and here’s another interesting twist:  The Yuma Sun recently reported that Bullhead City has reached a deal with the Arizona Department of Corrections and Management and Training Corporation for inmates from the Arizona State Prison in Kingman to perform park and street maintenance work in the city.  That’s right:  Instead of creating jobs, they are tossing Bullhead City residents out of these low wage jobs and replacing them with prison labor.  How many jobs will be lost there?  How many other towns will follow suit?

Lie #8:  “The prison will bring economic development to your town.”

Decades worth of research proves that prisons are not good economic growth for towns.

  • In states with at least one private prison as of 1990, prisons have been shown to reduce the number of jobs overall in a community.  You might get prison jobs, but you won’t get other kinds of jobs that pay better.
  • Private prisons pay less, which means that state prisons have to compete, driving wages down for everyone.
  • As mentioned previously, relatively few corrections officers live in the same town as the prison where they work, which means they spend their money somewhere else.   One study estimates that up to two-thirds of potential tax revenues and other economic benefits leave the host community in this way.
  • Having a prison nearby is not a draw for other kinds of businesses, and in many cases will scare them away.  Who wants to build a housing development or school near a prison?  Many Arizona towns are cultivating tourism due to historic landmarks and buildings, natural beauty, or scenery—what happens when you plop a huge prison with hundreds of feet of razor wire down in the middle of a historic area or pristine natural landscape?

One need go no further than Florence, AZ to see the true economic impacts of being a prison town.  You can bet they heard the exact same sales pitch when those prisons were proposed.  Where is the economic boom they were promised?  Where are the stores?  The industry?  The housing developments?  If prisons are so great for local economies, why doesn’t Florence have a thriving downtown? 

The bottom line is, once you have prisons, all you will ever have is prisons.

One final note:  Several residents noted during the hearings that Arizona is in a very sorry state when the only type of economic development offered to people is from an industry that is so harmful to our communities in so many ways.  One retired firefighter at the Goodyear hearing put it this way:  “Our fire station budget was cut and many firefighters were laid off.  But we don’t go around saying, ‘we need more fires.’”

Lie #7:  “We’ve learned from our mistakes.”

You gotta hand it to them—it takes some serious moxie to tell people that, because of your company’s gross negligence resulting in two deaths, your prisons are now the safest in the state.  Especially when we know that MTC dragged its feet on fixing the problems at Kingman and only got its act together when the state stopped paying them.

A security audit of Arizona’s private prisons completed after the escapes reveals that the problems at Kingman are endemic to all private prisons in the state.  Here’s what it found:

“At the three Geo prisons – Florence West, Phoenix West and the Central Arizona Correctional Facility – Corrections Department inspectors found such issues as inmates having access to a control panel that could open emergency exits; an alarm system that didn’t ring properly when doors were opened or left ajar; and that staff didn’t carry out such basic security practices as searching commissary trucks and drivers, among many other failures.

At MTC’s Marana prison, there were broken monitors, a control-room panel that didn’t work, missing perimeter lights, missing razor wire, missing visitor passes. Marana’s swamp coolers – in August, in Arizona – weren’t working, making it hotter inside the prison buildings than outside.”

You can read the full report, obtained through a public records request by Arizona Republic reporter Bob Ortega, on the Republic website.

Not only did MTC resist making the necessary fixes to Kingman demanded by the Department of Corrections, they threatened to sue us for attempting to hold them accountable.  When ADC pulled our prisoners out after the escapes and refused to pay MTC until the security problems were fixed, MTC threatened to sue us for $10 million.  Because they have better lawyers and more money than God, we rolled over.  We paid this corporation $3 million for empty beds—beds that were empty due to their gross negligence, which resulted in two deaths

Clearly, this is not a corporation that “learns from its mistakes.  It’s a company that is wholly unaccountable for its mistakes. 

Lie #6:  GEO Group’s contract to run the Cook County juvenile detention center was cancelled because the state wanted to move the facilities from rural to urban areas, NOT because of the rampant abuse of children by GEO’s guards.

Baloney.  The New York Times reported that “Juvenile detainees as young as 13 years old slept on filthy mats in dormitories with broken, overflowing toilets and feces smeared on the walls. Denied outside recreation for weeks at a time, they ate bug-infested food, did school work that consisted of little more than crossword puzzles and defecated in bags.”

In response, Texas “has transferred the 197 offenders in Bronte to other institutions, fired seven monitoring officials and canceled an $8 million contract with the GEO Corporation, the prison company in Boca Raton, Fla., that managed the center. The state has also opened a criminal investigation and a review of the adult prisons run by GEO.” 

Lie #5:  “Our security system is state-of-the-art”

I would bet a large sum of money that this exact same pitch was made to the people of Kingman when that prison was built.  They might have fancy technology, but does it work?  And if it stops working, will they fix it?  See the security audit referenced under Lie #5—broken monitors, control-room panels that don’t work, alarms that don’t ring properly, malfunctioning security cameras.  These problems were found in all our private prisons.

Technology is only as good as the people using it.  We consistently hear after a riot or escape that a for-profit prison was having “staffing issues.”  That pay was low, there was a lack of training, and the guards were inexperienced.  Clearly, ADC has gotten wise and is requiring contractors to provide the same training as the state—it’s written into the RFP.  But that doesn’t address the turnover problem.  Those folks might get trained, but they won’t stick around.  That means that a large percentage of the staff is inexperienced and unlikely to know how to handle a dangerous situation.  One report stated that 80% of the guards at Kingman were recent hires.

At Kingman, the guards were propping those state-of-the-art security doors open with rocks.  They ignored those high-tech alarms when they went off.  The ADC monitor was either asleep at the switch or being blown off by Central office.  As they say, “you can’t fix stupid.”

Lie #4:  “The town is not taking any risks in the financing scheme for the prison”

Prison construction for private facilities is almost always financed through lease revenue bonds.  They generally create an “Industrial Development Authority” or “Public Facilities Corporation,” which is essentially a paper tiger created through the city or county.  The reason they fund through this mechanism is because they don’t want to take the risk, carry the paper, nor pay the interest. 

When industrial revenue bonds are issued, the public is often told that neither the local government nor the taxpayers will be obligated or negatively affected in any way if the project fails.  While it’s true that revenue bonds are not a general obligation of the issuer, it is not true that governments and taxpayers will be unaffected by the risks of the project. 

The debt is paid off with the money received as per-diem payments for each inmate housed.  This looks great on paper, but what happens when there are no inmates?

The savvy businessperson approaches any financing project asking “where is the market?”  In this case, the financing for these prisons is dependent on a guaranteed occupancy of state prisoners.  Yet the Arizona Auditor General reports that our prison population grew by only 65 prisoners in 2010.  And there’s a movement afoot in the state legislature to reduce our prison population as 25+other states have done through sensible reforms to criminal sentencing laws favoring cheaper alternatives like probation, drug treatment, and house arrest.

If there’s no market, then these projects are doomed to fail.  And what will happen to the town then?  What if the corporation gets a better offer somewhere else and decides to pull out of the contract?  What if Arizona’s prison population goes down?

Don’t just take my word for it.  Here’s what the Director of the Oklahoma DOC said after Arizona pulled its inmates out of a private prison there:  He said the private prison industry is a speculative market.  “It is not immune to recession and trends in sentencing and crime,” Jones said. “A lot of states have gone back and applied research to their sentencing practices, which results in sentences that are more evidence-based, and that obviously affects a market that relies upon incarceration.”

There are numerous cautionary examples of towns facing default struggling to pay the debt on an empty prison:  Hardin, MT is one of the most notable.  The town there got so desperate that they actually asked the state to send them sex offenders and lobbied the Obama administration to send Guantanamo detainees.  A few weeks ago, the town of Littlefield, TX had to hold a public auction to sell a prison there so that they could pay the debt on the facility after GEO group cancelled its contract and left the town holding the bag. 

Even if the town isn’t directly responsible for paying the debt on the prison, a default on the bond can affect the town’s credit rating (kinda like S&P just did to the United States).  That can make it difficult for the town to borrow money for other needed projects like new schools or a hospital.  Some towns have taken desperate measures to try to pay the debt on a prison in an effort to avoid default, including raising taxes and cutting other critical city budgets.  A bond default can also make a city the target of costly litigation, further draining the town’s coffers. 

Lie #3:  “It’s impossible to measure recidivism from our prisons, because the prisoners may be housed in several different facilities during their incarceration.”—Terry Stewart, former Director of the Arizona Department of Corrections and now consultant for MTC

We asked every one of the companies what their recidivism rate was, and none of them had an answer.  Isn’t that convenient?  These companies can make claims about how they supposedly are “changing lives” and rehabilitating people, and they don’t even have to prove it. 

Probation departments, social service providers and re-entry programs all measure recidivism.  They don’t say, “well, this guy is also getting services at the VA and the food bank, so there’s no way to measure the impact of our programs.” 

Let’s face it–these corporations know that their recidivism rate won’t be any better than the state’s and probably worse. 

What’s more, the Arizona Department of Corrections has all this data, they just won’t go to the trouble to analyze it.  They could easily do a comparison between state prisoners who have been housed in private prisons at any point in their incarceration, and those who have only been in state facilities. 

Lie #2:  “What lawsuits?”

When directly asked whether the company had settled lawsuits over abusive conditions in its juvenile prisons in Michigan and Louisiana, GEO Group representatives hemmed and hawed and refused to answer the question.  We consider this the same as lying.

As reported in the Dallas Morning News, GEO not only faced lawsuits over bad conditions, but they actually lost contracts due to their abuses. 

The U.S. Justice Department sued the company in 2000, when it was known as Wackenhut Corrections Corp., alleging that juveniles at the company’s Louisiana facility were subjected to excessive abuse and neglect. Wackenhut agreed to a settlement that provided for sweeping changes to Louisiana’s juvenile justice system and required the company to move all juveniles from its facility. The former security chief pleaded guilty in 2001 to beating a 17-year-old handcuffed inmate with a mop handle. In October 2005, Michigan closed the state’s private youth prison run by GEO after an advocacy group sued the prison over inadequate inmate care. 

And, rather than accepting responsibility for its actions, the company turned around and sued the state of Michigan for wrongful termination of contract.  How’s that for being a “good corporate citizen”?     

And the #1 Lie told at the Arizona Hearings:  “I’m accountable to you”—George Zoley, CEO of GEO Group

Waaah! Ha! Ha!  Good one, George!  About 30 seconds after uttering this whopper, Zoley proceeded to tell the crowd that GEO does not even bother to measure recidivism and then refused to disclose how much money he makes.  Accountability, indeed.

Fortunately, Frank Smith of Private Corrections Working Group was in attendance and informed the crowd that Zoley made $16 million last year.  Zoley’s pay, he pointed out, is a matter of public record.  As a follow up, Frank provided us with the exact figures.  Zoley’s salary, per companypay.com, was $3,825,433.  He made $23 million in stock trades in the last 18 months. 

Just a note to the boys at GEO corporate—don’t send Zoley to these things.  He creeps people out.

Public Hearings Scheduled for Proposed Private Prisons in Eloy, Goodyear, Winslow, San Luis, and Coolidge

Tuesday, August 2nd, 2011

The Arizona Department of Corrections has given a green light to four private, for-profit correctional management corporations for the construction and management of an additional 5,000 state prison beds.

The Department of Corrections will be holding public hearings in each of the towns under consideration for a new prison or prisons.  The public is encouraged to attend and voice their concerns about having a private prison as a neighbor. 

Here is the schedule of the hearings:

1.   Eloy:  Corrections Corporation of America (CCA) has proposed two prisons for Eloy—1,500 beds and 3,000 beds. 

The Eloy public hearing will be held Tuesday, August 9th, 6-8pm at the Curiel Annex School, 304 West Alsdorf Rd., Eloy. 

2.   Goodyear:  GEO Group (formerly Wackenhut) has proposed a prison that could be anywhere from 2,000 to 5,000 beds. 

The Goodyear public hearing will be held Wednesday, August 10th, 6-8 pm at the Desert Edge High School Auditorium, 15778 West Yuma Rd., Goodyear.

3.   Winslow:  LaSalle/Southwest Corrections has proposed a 1,000-bed prison for Winslow. 

The Winslow public hearing will be held Thursday, August 11th, 6-8pm at the Winslow High School Performing Arts Center, 600 E. Cherry St., Winslow.

4.   San Luis (Yuma):  There are two proposed prisons for Yuma.  Management and Training Corporation (MTC) has proposed to build a 3,000-bed prison and GEO Group seeks to build one with 2,000-3,000 beds. 

The San Luis public hearing  for both proposed prisons will be held Tuesday, August 16th, 6-10pm at the San Luis City Council Chambers, 1090 East Union St., San Luis.

5.   Coolidge:  Management and Training Corporation (MTC) has proposed a prison of 3,000 or 5,000 beds. 

The Coolidge public hearing will be held Thursday, August 18th, 6-8pm at the Coolidge City Council Chambers, 911 S. Arizona Blvd., Coolidge.

This will be the one and only opportunity that the public will have to give input on these proposed prisons.  Thus far, the only publicity for them has been a statutorily-required posting in the “legal notices” section of the local papers. 

If you know anyone who lives in these communities, please encourage them to attend the hearings.  AFSC will be organizing carpools from Tucson.  Please contact us at:  cisaacs@afsc.org.

Prison Privatization: Risks and Benefits

Wednesday, November 3rd, 2010

This is a slideshow that was prepared for the Public Hearing on Prison Privatization.  It is a great visual overview on prison privatization in Arizona.

Slide 1 of 20.

Arizona Illustrated Coverage of Tucson Public Hearing on Privatization

Tuesday, November 2nd, 2010

Matthew Lowen/AFSC

Arizona Illustrated of Arizona Public Media, along with all the local network affiliates were present at the recent public hearing on prison privatization in Arizona last Wednesday evening.  The event was covered by all three local affiliates that night at 10:00.   Luis Carrión’s piece, “Private Prisons: Risks and Benefits”, aired last night (11/1/10), and gives a detailed description of the problem of privatization in the state of Arizona.  Here is a brief excerpt:

Today, Arizona houses twenty-three percent of its prisoners in private facilities, according to state data. Last year, lawmakers took the unprecedented step of exploring the privatization of almost the entire Arizona correctional system, narrowly failing to pass a bill that would have turned over the state’s prisons to private operators for an up-front payment of $100 million.

Bravo to Arizona Illustrated for their continued solid reporting.  For the full story and a well done video, please follow this link.

130 Crowd Tucson Public Hearing on Prison Privatization in Arizona!

Thursday, October 28th, 2010

More than 130 people packed the Public Hearing at Pima Community College’s Downtown Campus last night for the first ever hearings on prison privatization in Arizona.  Exceeding all expectations for this event, the crowd listened intently throughout the two hour hearing to both presenters and the public comment.  Sponsored by the American Friends Service Committee (AFSC) and Private Corrections Working Group, this public hearing was the first of a series of three planned throughout the state.  Not surprisingly, Corrections Corporation of America (CCA), Management and Training Corporation (MTC), and the Arizona Department of Corrections (ADC) sent no official representatives to the hearing though they were repeatedly invited.

Stephen Nathan, the Editor of Prison Privatisation Report International and all the way from London, England for this public hearing, started the evening off with his expert testimony on the failure of private prisons throughout the world.  Representative Nancy Young-Wright reminded the standing room only crowd that Arizona had recently accomplished some very dubious distinctions – specifically that “Arizona is now second in the US for poverty, 50th in spending on education for public school students, and fourth in the nation on our prison costs,” and thus placed the focus on the (in)ability of private prisons to educate and rehabilitate prisoners while incarcerated.  Later, Tucson City Councilman Steve Kovachik raised the question as to whether incarceration – public or private – is the best way to respond to crime in the first place, citing alternatives to prison that have been used in other states.

The conveners of the hearing were Representative Phil Lopes, Pima County Supervisor Richard Elias, Assistant Tucson City Manager Richard Miranda, Tucson City Councilman Steve Kovachik, Representative Nancy Young-Wright, and former Tucson Citizen Editor Mark Kimble.  Other speakers of note were Victoria Lopez from the ACLU of Arizona, Susan Maurer formerly of the New Jersey Corrections Department, and Jim Sanders.  Soon we will have video of the highlights from the hearing, but for now we have an assortment of photos from last night.  Thanks to all who showed up and participated last night!  It was a tremendous success.  Press release here.

Slide 1 of 20.
Tucson Public Hearing - Mari Herreras
Source: Matthew Lowen/AFSC

THIS WEDNESDAY NIGHT! Public Forum on Prison Privatization in Arizona: Risks and Benefits

Monday, October 25th, 2010

Well the elections are drawing ever closer and with them comes the pain of corners littered with candidate signs, mailboxes filled with hateful propaganda, and commercials that all look the same never stop and bring about emotions of laughter and anger all at once all rising to a fever pitch of political farse.  With all this agonizing noise being thrown at us and only a whimper of a response available come election day, the American Friends Service Committee and Private Corrections Working Group are providing a well needed opportunity to actually interact with the very important issue of prison privatization in Arizona.

Public Forum on Prison Privatization in Arizona: Risks and Benefits

Wednesday, 10/27/10 from 6-8pm at Pima Community College Downtown Campus in the Amethyst Room

With the state budget more dismal than ever and important educational and social service funding being slashed the state prison budget remains ever bloated to support the exploded prison population of Arizona.  Spending more money on prisons is not the answer no matter how you slice that pie.  Even if private prison companies claims that their services are cheaper and more efficient than state run systems were true (which history proves they are not), it would still be MORE MONEY on prisons that we don’t have.  So come out on Wednesday evening and hear some different perspectives on prison privatization in Arizona, or come prepared to give testimony or ask questions.  This Public Hearing is open to all.

AFSC Announces Public Hearings on Prison Privatization!

Thursday, October 14th, 2010

The American Friends Service Committee and the Private Corrections Working Group have just announced that they will be holding the first of three public hearings regarding prison privatization around Arizona this fall.  The first hearing will be held in Tucson on Wednesday, October 27th from 6-8pm at the Pima Community College Downtown Campus.  Follow this link for a copy of the press release and more info.

These hearings are a response to 5,000 new private prison beds that have been proposed and will be located throughout Arizona, and an attempt to get serious questioned answered. These hearings are a great opportunity to hear arguments from all sides and to get YOUR VOICE HEARD! If you are interested in speaking, it is requested that you bring written testimony, comments, and questions.  It is important for everyone in Arizona communities to attend these public hearings to make a statement to Arizona and the prison corporations that we care about this issue.