Quakers file suit to stop illegal prison privatization.

More from Bob Ortega and the AZ Republic about the private prison debacle in Arizona...

Thanks to the good Friends out there for taking this on.

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Lawsuit aims to block Arizona private-prison plans

Bob Ortega
Arizona Republic
September 13, 2011

A group opposed to privatizing prisons filed suit Monday seeking to block, at least temporarily, state plans to contract for 5,000 new private-prison beds as early as Friday.

The state "should not be allowed to hand over another cent of taxpayers' money until the Department (of Corrections) can prove to us that these prisons are safe, that the corporations are doing the job we're paying them to do, and that the state is capable of holding them accountable," said Caroline Isaacs, director of the Tucson office of the American Friends Service Committee, a Quaker group that monitors prisons.

Besides requesting a temporary restraining order, the suit filed in Maricopa County Superior Court accuses Arizona's Department of Corrections of failing to follow two state statutes:

- State law requires that any private-prison contract either save money or provide better services for the same cost as state-run prisons. Cost comparisons done by Corrections every year since 2005 consistently show that private prisons are more expensive, the suit noted.

- Corrections has failed for decades to carry out biannual studies, required by law, comparing the performance of private vs. state prisons on security, safety, how inmates are managed, programs and services, and many other issues.

The Corrections Department declined to comment on the suit. Corrections officials previously have admitted that the biannual studies have not been done.

Corrections Director Charles Ryan has said the department expects to complete its first such study by January. The department had said it would announce the award of one or more contracts on or after Friday. Four companies are finalists to build or provide prisons at five possible sites.

The committee was joined in the suit by Oralee and Joyce Clayton, parents of an inmate at the privately run Kingman state prison who say they're concerned for their son's safety. The group asked the court to issue a temporary restraining order stopping Corrections from awarding any contract, at least until it completes its first biannual cost-benefit comparison study. The suit also asks the court to force the department to disclose the details of all of its current contracts with private-prison operators.

The four private-prison operators bidding include Corrections Corp. of America, which would use two existing prisons it operates in Eloy that now house prisoners from other states; Geo Group Inc., which has proposed building new prisons in San Luis or Goodyear, next to the existing Perryville state prison; Management and Training Corp., which is proposing new facilities in Yuma or Coolidge; and LaSalle Corrections, which proposes to build a prison near Winslow, near the existing state prison.

The strongest opposition so far has emerged in Goodyear, where Goodyear and Litchfield Park officials and several prominent groups have opposed Geo Group's proposed site.

A ruling on the temporary restraining order is expected as early as Tuesday.

--------UPDATE: September 14, 2011--------

Arizona judge refuses to block private prison beds

by Bob Ortega -
Sept. 15, 2011 12:00 AM
The Arizona Republic

A prison watchdog group's effort to block state plans for more private-prison beds fell short Wednesday.

Maricopa County Superior Court Judge Arthur Anderson denied a request by the American Friends Service Committee for a temporary restraining order against the Department of Corrections, pending a hearing Tuesday on an injunction filed by the committee. That injunction seeks to block Corrections from contracting for more private-prison beds until the department completes a comprehensive cost-benefit study of private vs. state-run prisons, due to be completed by January.

Corrections officials have said they may announce as early as Friday the award of one or more contracts for up to 5,000 new private-prison beds. The committee had requested the restraining order to stop Corrections from awarding any contracts before its injunction is considered. The committee's Arizona program director, Caroline Isaacs, called on Corrections to voluntarily hold off on any award until after the hearing. Corrections declined to comment on the injunction.

Four companies are bidding to provide prisons in one or more of five locations around the state: Coolidge, Eloy, Goodyear, San Luis or Winslow.

Arizona's Prison Privatization is the big joke.

UPCOMING EVENTS

December 10: International Human Rights Day

December 15: Fifth Special Legislative Session Begins

December 17: International Day to End Violence Against Sex Workers (Tucson Memorial Service).

December 18: SWOP-Tucson Demonstration at the Arizona Department of Corrections, Phoenix.
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Great commentary by Caroline Isaacs from the AFSC-Tucson office. Where are the real Republicans, the conservatives, like my grandparents? Did they all die and leave the party to Pearce et al?

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Arizona’s Prison Privatization Scheme Is a Comedy Gold Mine. The Joke's on Us

Thursday 10 December 2009

by: Caroline Isaacs, t r u t h o u t | Op-Ed

You know you’re in trouble when "The Daily Show" sends a “fake correspondent” to your state capitol. Perhaps it was inevitable - who could resist the irony of a state literally selling its capitol to the highest bidder?

The comedy in the footage of the aforementioned correspondent standing on Rep. Kyrsten Sinema’s desk to test the quality of the drop ceiling in her office was eclipsed only by the tragedy of Rep. Linda Lopez's complete inability to answer the question that should have been first on the mind of every elected official in Arizona:  "After you sell these buildings and have to pay rent on them, how will you balance the budget next year?"

But the "Daily Show" segment was only the beginning. What’s got the cable “fake news” programs and incredulous audiences worldwide rolling in the aisles now is even more far-fetched: Arizona’s gonna privatize death row. State leaders want to give out lucrative, long-term contracts to private, for-profit corporations to run entire state prison complexes, essentially putting rent-a-cops in charge of women inmates, sex offenders and supermax lockdown units. Brilliant! How come nobody ever thought of this before?

Because it’s a terrible idea. In 30-plus years of America’s experiment with prison privatization, never has a private company run entire state prison complexes with multiple security levels. Only one, Corrections Corporation of America, manages high-security prisoners, and only in very small numbers. Even Tennessee, home of CCA, wisely passed on the company’s offer to run the whole state system.

Private prison companies prefer to cherry-pick the prisoners that are already cheapest to house - low-security with no medical, disciplinary or mental health problems. That way, they can skimp on paying or training their staff and make a nice tidy profit.

So why would any of these corporations even think of putting up $100 million to get some crumbling old prison buildings and contracts to manage prisoners from minimum to death row? Because their campaign contributions and armies of lobbyists have convinced Arizona lawmakers to sweeten the deal. The bill actually requires the state to split the savings generated through privatization 50/50 with the private operator. That’s right - we have to give them half the money back.

But wait! There’s more! The deal allows the prison companies to raise their per-diem rate (the amount the state pays them per prisoner, per day) every year for the length of the contract. With no upper limit. And what’s a measly $100 million compared to the combined guaranteed income of 20-year lease payments and those sweet per diems over the length of the contracts?

Now, a story like that is a comedy gold mine! The New York Times,  first nationally to report on the story, attempted to hide its smirk behind reassuring quotes from Rep. John Kavanagh, a backer of the proposal who just happens to be chair of Arizona's Joint Legislative Budget Committee, which happens to oversee the Department of Administration, which will be managing the contracts.

But there was no restraining Stephen Colbert, who took the Twainian opportunity to take this ridiculous idea to its most extreme conclusion: Let’s just privatize the entire criminal justice system and pay cops a commission for every arrest. Surely the profit motive will result in more efficient "justice." How could there be anything wrong with the idea of profiting from depriving other human beings of their freedom? Ha! Ha!

And now the joke is going global. On November 23, the Guardian UK  featured a story whose incredulous author referred to the Arizona proposals as "bizarre" and "kooky." Resisting the urge to outright mock us, Mr. Abramsky did, however, soberly note that the joke is really on the people of Arizona. Citing the dismal track records of abuse, escapes and riots that have plagued the private prison industry for its entire existence, he warned that this "wacky" scheme could have dire consequences.

So, laugh it up, everybody. Arizona taxpayers appear only too happy to foot the bill for your amusement. And be sure to tune in for the next installment, chronicling a state in even deeper debt, on the hook for 20-year contract obligations it can’t afford, fending off lawsuits over shoddy prison medical care and prisoner abuse scandals and frantically searching for the next brilliant short-term scheme to get us out of this mess

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Caroline Isaacs is the Program Director of the Arizona program of the American Friends Service Committee. She has spent the last 15 years working with the AFSC-Arizona in some capacity, focusing primarily on criminal justice issues. Caroline has a B.A. in political science from The College of Wooster and a master's degree in social work from Arizona State University. In addition to her 10 years of criminal justice reform, she worked for four years in the social services field with homeless teens and is currently an adjunct faculty member at the Arizona State University School of Social Work (Tucson component).

Legislative Alert: No Private Prisons.

From the AFSC-Tucson, as noted above.
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Urgent Action Alert!!!

SAY “NO!” TO PRIVATIZING ARIZONA’S PRISONS.

The budget deal passed in the special session would sell our prisons to the highest bidder and could privatize most state prison complexes.  This includes the state’s only women’s facility and maximum and supermax security units, including death row. 

This has never been done before, setting Arizona up as a guinea pig in a risky deal that gambles with public safety for the sake of questionable short-term gains. 

If we allow our legislature to award these contracts, it will be Arizona’s largest ever relinquishment of state control over a core government function to the for-profit sector.  There will be no oversight of for-profit corporations that have chronic histories of wasteful expenditures, contractual failures and public endangerment.

This risky gamble has caught national media attention, making Arizona once again the “cautionary tale” for how NOT to handle your budget and overcrowding crises:

New York Times:  http://www.nytimes.com/2009/10/24/us/24prison.html?emc=eta1

Colbert Report:  http://www.colbertnation.com/the-colbert-report-videos/254665/november-03-2009/the-word---the-green-mile

Guardian UK  http://www.guardian.co.uk/commentisfree/cifamerica/2009/nov/21/arizona-prisons

Republic Op-ed 10/27/09 

http://www.azcentral.com/arizonarepublic/opinions/articles/2009/10/27/20091027tue2-27.html

Daily Star Op-ed 11/10/09 http://www.azstarnet.com/altds/pastframe/opinion/316898

Why Arizona should SAY NO to for-profit prisons:

1.  Privatizing an entire state’s prisons is a reckless experiment that gambles with public safety.  

No private prison corporation has ever attempted to run an entire state’s prison complexes.  Only one (CCA) manages high security prisoners, and only in small numbers.  Even Tennessee, the home state of Corrections Corporation of America (CCA), refused the corporation’s bid to take over that state’s prisons. 

This is a risky, unproven strategy that gambles with public safety in the name of questionable returns. These companies have no track record to prove that they can safely manage all security levels and special needs of prisoners in Arizona. 

Every for-profit prison corporation that would compete for these contracts has a history of serious problems, ranging from financial mismanagement, abuse scandals, riots and disturbances, and patterns of violence and abuse.  The Bureau of Justice Assistance (BJA) found a significantly higher rate of prisoner-on-prisoner assaults in private prisons (66% more) than in public prisons.  Inmate-on-staff assaults were 49% higher in the for-profits.

For specific information on these major problems, please see the attached “Rap Sheets” or go to:  http://www.privateci.org/. 

2.  This is a financial boondoggle for Arizona.

This proposal actually requires Arizona to split any cost savings between the state and the private operator!   If the whole point of this plan is to alleviate our budget crisis, why on earth would we give half the money back?

The contracts will allow the private corporation to raise its rates every year.  Giving one private corporation a monopoly over Arizona facilities gives them little incentive to cut costs.  Once they take over the entire state system, the corporation would have Arizona over a barrel and in no position to protest rate hikes.

These contracts will cost far more in the long run and will end up putting Arizona in even worse economic shape.  Even if we can find a private prison company willing to give us $100 million up front in 2010 (and there is no guarantee we will), we will be right back in the same financial hole the following year, and every year after that.  20-year leases on prison buildings will earn the buyers many times more than they will pay the state up front, plus we will be paying prison companies a per-diem rate for every prisoner they house. 

Finally, there’s no evidence that private prisons can do it cheaper.  Maximus, an independent, reputable research firm, compared cost savings in Arizona's public and private prisons in 2006. It determined taxpayers were spending an estimated $1,526,289 MORE annually on two privately run prisons.

3.  Privatizing Arizona’s prisons means lower wages for prison staff, in the middle of a huge recession.

Guards and other staff who currently work for the state Department of Corrections face layoffs, loss of pensions and health benefits, and much lower pay at private facilities. 

Public safety is one of the few remaining employment sectors in Arizona, and privatizing these jobs would be a huge economic blow to the thousands of men and women who work in these facilities. 

The Arizona Correctional Peace Officers Association (the state’s prison guards’ union) has come out against the proposal.  J. “J-Rod” Rodriguez, vice president of the Arizona Correctional Peace Officers Association told the Arizona Daily Star, “They’re trying to replace us with lower-paid guards, to handle sex offenders, murders, rapists, inmates with very volatile gang connections.” (“Arizona plan to privatize prisons may not fly,” Arizona Daily Star, 11/7/09).

What YOU can do….

Although the Arizona Department of Administration is in charge of awarding the contracts, the real power behind this process is the Joint Legislative Budget Committee (JLBC).  Contact the Chairmen of the Joint Legislative Budget Committee TODAY and tell them to SAY NO TO PRISONS FOR PROFIT!

Arizona Representative John Kavanagh, Chairman, Joint Legislative Budget Committee, 2009

602.926.5170, jkavanagh@azleg.gov

Senator Russell Pearce, Chairman, JLBC 2010

(602) 926-5760, rpearce@azleg.gov

You might also want to cc the other members of the JLBC, especially if you live in their district:

Rep. Andy Biggs, abiggs@azleg.gov

Rep. Olivia Cajero-Bedford, ocajerobedford@azleg.gov

Rep. Cloves Campbell, clcampbell@azleg.gov

Rep. Matt Heinz, mheinz@azleg.gov

Rep. John McComish, jmccomish@azleg.gov

Rep. Rick Murphy, rmurphy@azleg.gov

Rep. Vic Williams, vwilliams@azleg.gov

Sen. Paula Aboud, paboud@azleg.gov

Sen. Amanda Aguirre, aaguirre@azleg.gov

Sen. Chuck Gray, cgray@azleg.gov

Sen. Jack Harper, jharper@azleg.gov

Sen. Steve Pierce, spierce@azleg.gov

Sen. Rebecca Rios, rrios@azleg.gov

Sen. Jim Waring, jwaring@azleg.gov

If you can blind copy us, we will have a better idea how effective this initiative is.  If you receive responses, even boiler-plate ones, please forward those to us, if possible.

Caroline Isaacs

Program Director,

American Friends Service Committee

Arizona Area Program

103 N. Park Ave., Suite 111

Tucson, AZ  85719

520.623.9141 p/520.623.5901 f

www.afsc.org/az