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Justice

New Hampshire Proposes To Hand Off Its Male Prison Population To A Private Prison Company

If outside bidders make a high enough offer, New Hampshire may be the first state with the dubious distinction of privatizing its entire male prison population.

The New Hampshire Department of Corrections recently put out a request for proposals that would contract out state penitentiaries to an outside contractor, and at least four companies have responded with their plans to build a new prison for all of the state’s male prisoners:

The New Hampshire Department of Corrections has put out a request for proposal that would essentially hand over the keys to a future penitentiary to an outside contractor for 20 years. Though the RFP still has to clear several hurdles, four companies have responded with plans to build, and probably run, a new prison for all of New Hampshire’s male (and perhaps female) inmates.

Two of the firms interested are publicly traded — Nashville, Tenn.-based Corrections Corporation of America and The GEO Group of Boca Raton, Fla., with combined annual revenues of over $3 billion.

Although corporate-run prison systems are often touted as an effective way to cut costs, prison privatization — which has negative effects on prisoners and their families and impedes criminal justice reform as a whole — doesn’t actually end up saving taxpayers money. And, as ThinkProgress has reported, when companies profit by incarcerating people, they often spend millions on lobbying legislatures to put more people in jail simply to increase their profits.

Florida also recently proposed to expand its private prisons, a measure that was voted down in the state senate earlier this year. Unless New Hampshire also decides against their new for-profit prison plan, the state may be about to go down on the wrong side of history.

LGBT

Obama Administration Implements LGBT-Inclusive Prison Sexual Assault Protections

After many years of deliberation, the Department of Justice has finally released final guidelines for implementing the Prison Rape Elimination Act. According to the White House’s executive summary, the new rules include important specific protections for those who identify as lesbian, gay, bisexual, transgender, intersex, and gender non-conforming:

The standards account in various ways for the particular vulnerabilities of inmates who are LGBTI or whose appearance or manner does not conform to traditional gender expectations. The standards require training in effective and professional communication with LGBTI and gender nonconforming inmates and require the screening process to consider whether the inmate is, or is perceived to be, LGBTI or gender nonconforming. The standards also require that post-incident reviews consider whether the incident was motivated by LGBTI identification, status, or perceived status.

This is a huge win for the health and safety of LGBT people, particularly people who are trans or gender non-conforming. In many prisons, standard practice has been to simply organize inmates by their anatomy, which often put trans inmates in very unsafe situations — in particular: trans women placed in men’s prisons. Trans women are thirteen times more likely than others to be sexually assaulted while incarcerated. In addition, those unsafe situations were often rectified by placing the inmate in isolated lock-up, also an unfair circumstance targeting their identity. Under the new rules, individuals will have to be evaluated on a case-by-case basis to provide the safest placements, and they’ll also have to be offered accommodations like separate showers for situations when they might be most vulnerable to assault.

It’s important to also note that the effect of these guidelines is to require training about working with LGBT people for all employees in the corrections system, from federal prisons to halfway houses to police lock-up. There will be mandatory audits and reporting to ensure the guidelines are being followed, with the potential for federal funding cuts if they are violated.

Unfortunately, the guidelines will not currently extend to other agencies, like the Department of Homeland Security, so immigration detention facilities will not immediately be covered. Those agencies will have 120 days to work with the Attorney General to propose their own rules. While there is little reason for them not to include the same protections, there is nothing that guarantees or requires that they do.

(Thanks to Harper Jean Tobin at the National Center for Transgender Equality for helping to inform this post.)

NEWS FLASH

Michigan Prisoner’s Sexual Orientation Discrimination Claim Advances | Ricky Davis, a gay prisoner at the Florence Crane Correctional Facility in Coldwater, Michigan, has received a favorable decision allowing his suit of anti-gay discrimination to proceed. The ACLU is defending Davis, who claims he was improperly removed from his employment in the prison public works program because of his sexual orientation. He also claims that his crew supervisors “made a spectacle” of him after he had a diabetic episode while on duty, avoiding interacting with him because he is gay. At this point, the Sixth Circuit Court of Appeals has merely saved Davis’ suit from being dismissed, but the decision guarantees that his case — and others like it — will get a fair hearing.

Justice

New Orleans Prison Inmate Alleges He Was Beaten In Retaliation For Revealing Abusive Conditions To The Press

According to a recent lawsuit filed by the Southern Poverty Law Center, the Orleans Parish Prison is a hellhole. “Rapes, sexual assaults, and beatings are commonplace. Violence regularly occurs at the hands of sheriffs’ deputies, as well as other prisoners . . . . People living with serious mental illnesses languish without treatment, left vulnerable to physical and sexual abuse.” Which is why former inmate Josh Hobson says he went to the press while he was incarcerated on a domestic violence charge that was eventually dropped. According to Hobson, prison guards soon found out he was speaking to reporters, and they retaliated with violence:

The guards took him off his bunk in the middle of the night, he said, dragging him outside and viciously beating him, pounding his kidneys so hard he urinated blood the next day.

“The night they smacked me around and dragged me out, all I could think of in my head was, ‘Great, I’m a f—ing dead man.’ They were already telling me they were going to kill me so I figured that’s it. This is a wrap. Lights out. When I got the knee to the head, I figured it was a done deal.” . . .

When the guards were beating him, Hobson said they warned him between punches, “This will teach you to talk to people.”

Neither Mr. Hobson’s allegations, nor those in the SPLC lawsuit have been proved in a court of law, but there is good reason to believe that allegations of widespread abusive conditions in the New Orleans prison are credible. The U.S. Marshall’s service recently removed all federal inmates from the prison, and the Department of Justice released a report in 2009 detailing unconstitutional conditions such as widespread violence and neglect of the mentally ill.

NEWS FLASH

California Spends Six Times More On Prison Inmates Than On College Students | CNN’s Fareed Zakaria took on the issue of criminal justice reform on his show, Fareed Zakaria GPS, this weekend, highlighting that 760 of every 100,000 Americans is incarcerated, more than seven times the incarceration rates for most European countries. Those high incarceration rates have forced states across the country to spend more on prisons than they do on education. California, for instance, spent $9.6 billion on prisons in 2011 but just $5.7 billion on higher education. The state spends $8,667 per student, per year compared to roughly $50,000 per inmate, per year. In the last 30 years, Zakaria noted, California has built 20 new prisons and just one new college campus.

NEWS FLASH

Los Angeles Sheriff Department Sued For ‘Widespread Pattern Of Violence’ Against Inmates | The ACLU filed a lawsuit yesterday against the Los Angeles County Sheriff Department alleging “widespread abuse against inmates.” According to the 77-page suit, Sheriff Lee Baca and other officials allowed deputies to beat non-resisting inmates and allowed jailers to form “gangs that identified themselves with tattoos” and use “ritual beatings of inmates to win prestige with fellow deputies.” The department has been accused of such abuses “for decades,” even before Baca was elected in 1998. The ACLU reported on the abuse last year, spurring the FBI to launch its own investigation into the department. Baca acknowledged that “the department could improve” and began hearing inmates’ complaints and installing cameras in jails to deal with the violence. The department spokesman still insists however that “there is no gang mentality in our jails.”

Alyssa

‘Major Crimes’ Takes on California’s Deficit and Criminal Justice System

I’ve only ever been an occasional watcher of The Closer, but I thought the presentation of its spin-off, Major Crimes, did something very smart today: TNT said the show would, in part, be about how California’s fiscal crisis has affected its criminal justice system.

“We’re about to release 30,000 prisoners in the state of California because we can’t house them in a humane way,” said Executive Producer James Duff. “Last year in pursuit of the death penalty, the state of California spent $172 million.”

This, of course, is true—Gov. Jerry Brown’s budget is projected to bring the state’s deficit down to $9.2 billion, which is not small potatoes, and leaves the state with a long way to go. And that fiscal crunch and prison overcrowding are a tremendous problem that has a real impact on how people carry out their duties, whether it’s prison guards using different tactics on maintain control on unit, or the situations in which prosecutors are willing to cut deals and how they think about probation versus jail time. It’s intelligent to have a show acknowledge that, and to draw its drama from the ongoing structural problems of the state. It’s not exactly Tony Kushner’s East Coast Ode to Howard Jarvis, which is about the reasons California is broke and the tax-dodging mentality that crops up like an infectious disease. But it’s still a decision that reflects a sense of both time and place, that actually makes use of the fact that the show is happening in California instead of just being there because it’s easy.

Justice

California Refuses To Deliver Copy Of The Atlantic To Prisoner Due To Photo Of Militant On The Cover

The Atlantic’s Jeffrey Goldberg reported yesterday on an odd case of a California prison refusing to deliver a copy of the magazine he works for to an inmate at Central California Women’s Facility in Chowchilla, California. Goldberg writes that the magazine received a letter from the prison saying that it refused to deliver the December issue of the magazine to an inmate because of a section in the California Code of Regulations that bars “warefare [sic] or weaponary [sic]” in the items mailed to inmates. (Read the full letter to The Atlantic here.)

The December issue featured photograph of a Pakistani militant on the cover. Here’s a snapshot:

Goldberg sent a letter back to the prison, defending the use of the photograph and the journalistic value of the article. The “photograph has great journalistic merit,” he wrote. “It vividly illustrates the challenges American leaders face in Pakistan and the surrounding region. The photograph and story do not glorify violence in any way. Quite the opposite: We published the article, and the accompanying images, in order to highlight the dangers of violence of South Asia.” When the Atlantic receives a response from the prison, they plan to publish it online.

NEWS FLASH

Sentences For Georgia Drug Offenders Have Tripled Since 1990 | The state of Georgia has established a Special Council on Criminal Justice Reform, which is working with lawmakers to reform the state’s criminal justice system with the intent of reducing the prison population (the state currently has the nation’s fifth-largest prison system). In an article about these reform efforts, the Atlanta Journal-Constitution notes that the “average inmate released this year after serving time for drug possession, for example, spent almost two years locked up — more than double the average time served two decades ago. The average length of time spent behind bars for drug and property crimes in general has more than tripled since 1990.” Meanwhile, a whopping 60 percent of the state’s prison population consists of drug and property offenders.

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