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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.

Justice

Largest Private Prison Bill In History Dies In Florida Senate Despite Million Dollar Lobbying Campaign

The largest proposed expansion of private prisons in the nation will not proceed after the Florida Senate voted down the proposal on Tuesday.

Though the GOP enjoys a 16-seat advantage in Florida’s upper chamber, nine Republicans joined twelve Democrats to defeat the massive prison privatization bill 21-19. The Miami Herald has more:

The state will not undertake what would have been the single greatest expansion of prison privatization in U.S. history, affecting 27 prisons and work camps in 18 counties and displacing more than 3,500 correctional officers.

Senators debated privatization for nearly three hours, and opponents’ floor speeches often showed more passion. Rather than talk about numbers, they talked about people, such as the treatment of correctional officers, whose starting salary is $34,000 a year and who have not received an across-the-board pay raise for the past six years.

“What’s wrong with state employees?” said Sen. Dennis Jones, R-Seminole. “We should be taking care of them, rather than kicking them under the bus.”

As ThinkProgress reported last year, private prisons corporations have spent millions lobbying legislatures to put more people in jail. After all, leaving for-profit prison beds unfilled hurts their bottom line.

In Florida, the private prison industry wrote large checks to members of the Florida legislature. One such company, GEO Group, doled out $1.3 million in campaign contributions in the Sunshine State over the past 5 years. Gov. Rick Scott (R), a major recipient of private prison money, also attempted to privatize large swaths of the Florida penitentiary system last year, only to have the move declared unconstitutional by a state judge.

To learn more about the disastrous impact of companies that profit by incarcerating people, read this recent report from the ACLU.

Justice

Florida Republican Stripped Of Senate Chairmanship For Opposing Prison Privatization Scheme

Florida state Sen. Mike Fasano (R)

The biggest critic of a massive prison privatization scheme in Florida was stripped of his chairmanship of the Budget Subcommittee on Criminal and Civil Justice Appropriation for opposing Gov. Rick Scott’s (R) plan to outsource prison oversight to the lowest bidder.

Sen. Mike Fasano (R) is one of ten Senate Republicans who opposes the plan to give private, for-profit vendors control over 26 prisons, but his vocal criticism provoked retribution from one of the bill’s biggest supporters, Senate President Mike Haridopolos (R):

Amid the mounting tension, Senate President Mike Haridopolos refused to bring up the bill for debate, a sign that it faced defeat. Ten of 28 Senate Republicans have voiced strong reservations or opposition to such a major policy shift, a serious rift in the GOP caucus.

The drama intensified as Haridopolos stripped Sen. Mike Fasano, R-New Port Richey, of his chairmanship of a budget subcommittee overseeing prisons, saying Fasano “was not rowing in the same direction” as Senate leaders on budget decisions.

“It’s become clear to me that Sen. Fasano was not willing to make these choices,” Haridopolos said.

Fasano said Haridopolos told him he was being punished for his anti-privatization comments in an MSNBC interview Monday.

This week Fasano introduced an amendment that would effectively stop the plan and require further study on its fiscal impact. Critics of the plan say that it will save little if any money and cost thousands of state workers their jobs. The price of paying the displaced prison workers for unused sick leave and vacation could well offset the estimated $16 – $30 million in savings. “It’s really just a gift to the private-prison industry,” David Murrell of the Police Benevolent Association said of the plan.

Yet Haridopolos claimed he outed Fasano because he had “lost confidence in him to fulfill [the] mission” of balancing the budget and not raising taxes because Fasano raised concerns about the real cost of prison privatization.

Last year a judge threw out a similar plan because proponents tried to sneak it into the budget, but Republican sponsors have revived the bill. And they have a clear personal interest in fighting so hard. The country’s biggest private prison companies, who stand to make millions from the Florida plan, have given generously to many state legislators.

GEO Group, a private prison company based in Boca Raton and one of the largest contributors to the Florida Republican Party in 2010, gave over $11,000 to the campaigns of 14 of the 20 members of the Budget Committee that approved the privatization bill. They also gave the maximum $25,000 to Gov. Scott’s inaugural fund.

The Corrections Corporation of America, the nation’s largest corrections company, also has close connections to GOP statehouses across the country. The company has spent $373,000 in political contributions in Florida since 2003, over 60 percent of which have gone to Republicans.

Justice

As Private Prisons Enrich Lawmakers, Florida Legislature Pushes Massive Prison Privatization Plan

Last year, a Florida judge struck down Gov. Rick Scott’s (R) plan to privatize much of the state’s prison system because of a flaw in the way it was enacted. Nevertheless, Florida lawmakers are now reviving this ill-conceived plan:

Dozens of correctional officers shouted “Shame! Shame!” as the Senate Budget Committee voted Wednesday to revive a hotly debated budget-cutting plan to privatize state prisons in 18 South Florida counties. . . .

“Come work a shift with us … come do what we do every day,” prison officers called out to Senate Budget Committee Chairman JD Alexander, R-Lake Wales, after his committee voted 14-4 for a bill (SB 2308) that restores the massive privatization plan the Legislature passed in budget language last year. Sgt. Thomas Johnson of Marion Correctional Institution challenged Alexander to show up at a prison unannounced and take a tour with rank-and-file guards to see what they face on the job.

Private prisons have a well-documented record of failing to save taxpayers money. An exhaustive 2007 study conducted by the University of Utah concluded that “the value of moving to a privately managed system is questionable,” while many services are often inferior at private facilities as compared to public ones.

But while the taxpayers may not see much return on their investment, others stand to reap millions of dollars. Last year, a report issued by the Justice Policy Institute found that private prisons spent millions on lobbying to help “make money through harsh policies and longer sentences.” In 2010, the two largest private prison companies had a combined $2.9 billion in revenues, Think Progress reported.

The corporations that own and operate private prisons are not the only ones who benefit financially either. An examination of campaign finance records shows that GEO Group, based in Boca Raton, was one of the 15 largest contributors to the Florida Republican Party in 2010, and gave over $11,000 in contributions directly to the campaigns of 14 of the 20 members of the Budget Committee that approved the bill, by a vote of 14-4. Since 2006, GEO Group has spent a total of $1.3 million in campaign contributions in Florida alone.

The political investments private prison companies are making are not limited to Florida, either. Arizona Governor Jan Brewer accepted at least $60,000 from people directly connected to the Corrections Corporation of America. And in Pennsylvania, a judge was sentenced to 28 years in prison after it was discovered he had been “selling” convictions of young offenders to several private juvenile detention centers, which profit mightily from heightened incarceration rates. One victim was sentenced to three months in one of the centers for mocking an assistant vice principal on MySpace.

Justice

Private Prison Charges Inmates $5 A Minute For Phone Calls While They Work For $1 A Day

Last year the Corrections Corporation of America (CCA), the nation’s largest private prison company, received $74 million of taxpayers’ money to run immigration detention centers. Their largest facility in Lumpkin, Georgia, receives $200 a night for each of the 2,000 detainees it holds, and rakes in yearly profits between $35 million and $50 million.

Prisoners held in this remote facility depend on the prison’s phones to communicate with their lawyers and loved ones. Exploiting inmates’ need, CCA charges detainees here $5 per minute to make phone calls. Yet the prison only pays inmates who work at the facility $1 a day. At that rate, it would take five days to pay for just one minute.

Watch this report on the conditions Stewart detainees face:

CCA’s abuse doesn’t stop at outrageously priced phone services. One woman reported that her diabetic husband does not receive enough food, so she has to deposit money for him to buy more. Occupy Nashville recently protested outside of the company by holding a “human auction” to illustrate how CCA profits off of human suffering.

As Alternet points out, in the past few years, CCA has spent $14.8 million “lobbying for anti-immigration laws to ensure they have continuous access to fresh inmates and keep their money racket going.” Recent anti-immigration laws in Alabama and Georgia keep their facilities full and CCA profits high.

Since more prisoners translate into more profit, private prisons like CCA continually push lawmakers to enact harsher policies and longer sentences, according to a report by Justice Policy Institute (JPI).

NEWS FLASH

Private Prison Company Fined $1.1 Million For Understaffing New Mexico Prison | Concerns that private prison companies’ profit motives would adversely affect our nation’s penitentiaries were confirmed this week as New Mexico fined GEO Group for not hiring enough corrections officers at its Hobbs facility. GEO, which owns three prisons in New Mexico, will pay $1.1 million in fines, along with an additional $200,000 next year to recruit more workers. The incident occurred despite GEO’s “$1.2 billion in earnings and $58.8 million in profit through the first nine months of this year.” A new report from the ACLU has more about the negative effects of the burgeoning private prison industry.

Justice

Supreme Court To Decide Whether Corporate Prison Employees Are Immune To The Constitution

Richard Lee Pollard was a federal inmate when he slipped, fell and broke both his elbows. Prison officials then allegedly forced him into a jumpsuit and wrist restraints, despite the fact that these restraints caused him excruciating pain, and they also allegedly refused to allow him to wear a split his doctors ordered him to wear. For weeks, due to the prison’s alleged neglect, Pollard was unable to feed or bathe himself.

This treatment violates the Constitution. As the Supreme Court held 35 years ago, the Eighth Amendment’s guarantee against cruel and unusual punishment requires prisons to provide adequate medical care to inmates. Yet, if the Supreme Court agrees with a lower court decision immunizing many prisons from the Constitution, Pollard may find himself in a Constitution-free zone simply because his prison happens to be run by a private corporation:

A Supreme Court case could determine whether thousands of inmates in privately run prisons have the same rights to sue in federal court as prisoners in facilities run by the U.S. government.

The case, Minneci v. Pollard, involves a federal inmate who wants to sue his jailers for damages over alleged violations of the Eighth Amendment ban on cruel and unusual punishment. The prisoner claims he was painfully mistreated after an accident at a for-profit prison, operating under contract for the U.S. Bureau of Prisons.

Lower federal courts have split on whether federal private-prison inmates can bring such damage claims for alleged constitutional violations.

Shockingly, the Supreme Court already held, in its 5-4 decision in Correctional Services Corp. v. Malesko, that private prison corporations who run federal prisons are immune from constitutional lawsuits. The only issue in Pollard’s case is whether the corporation’s employees also enjoy the same immunity.

In other words, the corporate prisons industry has largely won its battle to ignore the Constitution in deciding how to treat federal inmates. Although people like Pollard might still be able to convince a state judge to hold these corporations accountable, he can forget about the Constitution.

NEWS FLASH

Judge Rules Florida Prison Privatization Unconstitutional | A Tallahassee, Florida circuit court judge sided with a union today in ruling that a prison privatization scheme lawmakers included in the state budget violates Florida’s constitution. The Florida Police Benevolent Association, which represents correctional workers in the state, filed a lawsuit saying the method in the which lawmakers planned to privatize 29 prisons in southern Florida violated state law, arguing that it should have been done via a separate law, not through the budget. Tallahassee Judge Jackie Fulford agreed, adding that lawmakers rushed the process:

“From the record, it appears that the rush to meet the deadlines in the proviso has resulted in many shortcomings in the evaluation of whether privatization is in the best public interest as it relates to cost savings and effective service,” Fulford wrote.

The plan was is one of the largest prison privatization schemes in the country and would have benefited campaign donors to Florida Gov. Rick Scott (R). Even some Republicans have spoken out against it.

Justice

Scandal-Plagued Private Prison Companies Rake In Huge Profits From Privatization Of Immigration Detention Centers

As countries around the world attempt to crack down on immigration, they are no longer turning to government workers held accountable by taxpayers and government officials. Instead, they are outsourcing the operations and staffing of immigration detention centers to scandal-plagued private companies that are raking in exorbitant profits from government contracts even as they face terrible inspection reports, lawsuits, and claims of abuse and neglect from detainees.

The practice has become most prevalent in Australia, Great Britain, and the United States as political leaders attempt to prove to voters that they are tough on illegal immigration by detaining and deporting undocumented immigrants. In the United States, private companies control more than half of the nation’s detention beds, while the number of detainees has increased by more than 40 percent since 2005. In Australia and Britain, where privatization has advanced the fastest, companies like G4S continually bring in profitable government contracts even as their costs and human rights abuses have soared, the New York Times reports:

In Britain last fall, the company came under criminal investigation in the asphyxiation of an Angolan man who died as three G4S escorts held him down on a British Airways flight. Soon afterward, British immigration authorities announced that the company had lost its bid to renew a $48 million deportation escort contract because it was underbid by a competitor.

Even so, G4S has more than $1.1 billion in government contracts in Britain, a spokesman said, only about $126 million from the immigration authority. It quickly replaced the lost revenue with contracts to build, lease and run more police jails and prisons.

There was a public outcry when an Aboriginal man died in another G4S van in similar circumstances the next year. A coroner ruled in 2009 that G4S, the drivers and the government shared the blame. The company was later awarded a $70 million, five-year prisoner transport contract in another state, Victoria, without competition.

Serco, another prominent private prison company, reported a 35 percent profit increase in 2010 and a 13 percent rise in the spring of 2011, and the cost of their contracts often ends up higher than expected. The cost of a five-year, $370 million contract awarded by the British government in 2009, for instance, has already skyrocketed to $756 million.

This type of profiteering and corruption, unfortunately, has been a predictable side effect of efforts to privatize domestic American prisons. Private prison companies have spent millions lobbying for longer, harsher prison sentences to maximize their own profitability, and lawmakers at the front of the privatization push — most notably Govs. Rick Perry (R-TX) and Rick Scott (R-FL) — led the fight after receiving thousands of dollars in campaign contributions from the industry. And as their lobbying efforts have grown, so too has the number of prisoners incarcerated at private facilities. And just last week, a former Pennsylvania judge was sentenced to 210 months in prison for his role in a “cash for kids” scandal, in which he ordered a state-run facility closed and directed juvenile offenders to private facilities.

While private prisons continue to be a good investment for the companies that run them, evidence is mounting that they are a terrible investment for taxpayers and governments. A recent study of Arizona’s private prisons, for instance, revealed that even though they steer clear of the state’s costliest inmates, they cost the government more than state-run facilities.

Justice

Judge Receives Over 17 Year Sentence For Role In ‘Cash For Kids’ Private Prisons Scandal

Former Pennsylvania state judge Michael Conahan was sentenced last Friday to 210 months in prison for his involvement in a scandal to enrich private prison corporations by sentencing juvenile pranksters and other extremely minor offenders to be incarcerated in a corporate-run facility:

Michael Conahan, a former jurist in Luzerne County, was sentenced on Friday to 210 months in custody by Senior U.S. District Court Judge Edwin M. Kosik II. Conahan was also ordered to pay $874,000 in restitution. [...] As Main Justice reported in August, Ciavarella, former president judge of the Court of Common Pleas and former judge of the Juvenile Court for Luzerne County, was sentenced to 28 years in prison and ordered to make restitution of $965,930. [...]

Conahan’s role in the “cash for kids” scheme was to order the closing of a county-run detention center, clearing the way for Ciavarella, once known as a strict “law and order” judge, to send young offenders to private facilities. This arrangement worked out well for Ciavarella and Conahan, as well as the builder of the facilities and a developer, who pleaded guilty to lesser charges.

The arrangement didn’t work out so well for the young offenders, some of them sent away for offenses that were little more than pranks and would have merited probation, or perhaps just scoldings, if the judges had tried to live up to their oaths.

Sadly, this kind of behavior by the private prisons industry is not at all surprising. The industry spent millions in lobbying dollars to push harsh criminal penalties and longer sentences in order to maximize their own profitability. Leading lawmakers like Texas Gov. Rick Perry (R) and Florida Gov. Rick Scott (R) each supported major prison privatization plans after receiving tens of thousands of dollars in donations from the industry. Indeed, the number of prisoners incarcerated in corporate-run facilities grew by 37 percent during a seven-year period when their lobbying efforts also grew by 165 percent.

Nevertheless, the willingness of two judges to simply trade away their judicial oaths to benefit a corporation’s bottom line is truly shocking.

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