Retiring Arizona Prison Watch...


This site was originally started in July 2009 as an independent endeavor to monitor conditions in Arizona's criminal justice system, as well as offer some critical analysis of the prison industrial complex from a prison abolitionist/anarchist's perspective. It was begun in the aftermath of the death of Marcia Powell, a 48 year old AZ state prisoner who was left in an outdoor cage in the desert sun for over four hours while on a 10-minute suicide watch. That was at ASPC-Perryville, in Goodyear, AZ, in May 2009.

Marcia, a seriously mentally ill woman with a meth habit sentenced to the minimum mandatory 27 months in prison for prostitution was already deemed by society as disposable. She was therefore easily ignored by numerous prison officers as she pleaded for water and relief from the sun for four hours. She was ultimately found collapsed in her own feces, with second degree burns on her body, her organs failing, and her body exceeding the 108 degrees the thermometer would record. 16 officers and staff were disciplined for her death, but no one was ever prosecuted for her homicide. Her story is here.

Marcia's death and this blog compelled me to work for the next 5 1/2 years to document and challenge the prison industrial complex in AZ, most specifically as manifested in the Arizona Department of Corrections. I corresponded with over 1,000 prisoners in that time, as well as many of their loved ones, offering all what resources I could find for fighting the AZ DOC themselves - most regarding their health or matters of personal safety.

I also began to work with the survivors of prison violence, as I often heard from the loved ones of the dead, and learned their stories. During that time I memorialized the Ghosts of Jan Brewer - state prisoners under her regime who were lost to neglect, suicide or violence - across the city's sidewalks in large chalk murals. Some of that art is here.

In November 2014 I left Phoenix abruptly to care for my family. By early 2015 I was no longer keeping up this blog site, save occasional posts about a young prisoner in solitary confinement in Arpaio's jail. I'm deeply grateful to the prisoners who educated, confided in, and encouraged me throughout the years I did this work. My life has been made all the more rich and meaningful by their engagement.

I've linked to some posts about advocating for state prisoner health and safety to the right, as well as other resources for families and friends.

until all are free -

MARGARET J PLEWS (June 1, 2015)
arizonaprisonwatch@gmail.com



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Showing posts with label dora schriro. Show all posts
Showing posts with label dora schriro. Show all posts

Tuesday, March 27, 2012

Rikers, Solitary, and Schriro...

City Limits

SOLITARY CONFINEMENT ON THE RISE AT RIKERS

There's been a 44 percent jump in the number of punitive segregation cells in city jails the past two years. Jail officials say it's to prevent violence, but advocates argue the punishment is counterproductive.

Jeanmarie Evelly
March 27, 2012
 
Elmhurst - Over the last two years, the Department of Correction has nearly doubled the number of "punitive segregation" cells—the Department's term for solitary confinement—at the jail facilities at Rikers Island. The 44 percent jump, DOC Commissioner Dora Schriro testified at a City Council budget hearing this month, constitutes "the most significant increase in the department's history," one that prisoners rights groups say gives New York City one of the highest solitary confinement rates in the nation.
 
At press time, 914 inmates were being held in segregation at Rikers, meaning they are typically confined to their cells for 23 hours a day. Jail officials say this is a necessary tool to curtail an uptick in violence, maintain safety and order and deal with inmates who commit serious rule violations.

But prisoner advocacy groups say the increase is alarming at a time when the inmate population in the city's jails is at a low, and in light of a growing body of research that says solitary confinement does little to curb bad behavior, and could actually make some inmates act more violently.

Correctional systems across the country have been reducing their use of segregated units, and this fall, a United Nations expert called an all countries to ban the practice except under the most extreme circumstances, likening the mental health effects of prolonged solitary confinement to torture.

"We're at a terrible point where management is really overly punitive, and not able to grasp that it's wrong, that it's not working," says Sarah Kerr, of the Legal Aid Society's Prisoners Rights Project. "The idea that other places are realizing the error and trying to reform, and New York is doing the opposite, is really a problem."

"It's interesting that DOC is doing this when the jail population is falling," says Jennifer Parish, director of criminal justice advocacy at the Urban Justice Center. Indeed, from 2001 to 2010, admissions to city jails fell by 20 percent and their average daily population dropped by 10 percent. "I find it incredible that there's actually a need for this, and that there aren't management strategies they could use to address the problem."

Split lips, broken bones

Violence has long been the most-cited rationale for solitary confinement, and the DOC is under considerable pressure to make sure its facilities are safe.

"Our core objective is to protect both the inmate population and the workforce from harm," Commissioner Schriro says.

For the last several years, union officials who represent jail workers have complained of an uptick in violence against their members. In 2010, there were 84 incidents of inmate assaults on staff resulting in serious injury, according to DOC statistics, up from 63 in 2009 and 53 in 2008.

"Correction officers bear the brunt of it by being assaulted on a daily basis," says Norman Seabrook, president of the Correctional Officers Benevolent Association (COBA). "Every day, every other day, three or four times a day, I'm getting a text message or an e-mail from the Department of Correction notifying me of how many of my correction officers have been assaulted—split lips, sutures, broken bones. This goes on and on and on and this has to stop."

Seabrook blames the increase, in part, on insufficient staff numbers, saying the DOC is not hiring enough correction officers to replace those who retire, get promoted or leave for other reasons.

At the budget hearing last month, Commissioner Schriro said that while the department is hiring several hundred new posts, there is still a shortfall in the department's budget for authorized uniformed staff.

But union officials have also pointed to a shortage of punitive segregation units—known as "Bing" beds—for putting officers at risk. Last fall, the DOC was blasted after media outlets reported on a backlog of inmates who had been sentenced to solitary confinement but who were being held with the rest of the general population because there weren't enough segregated beds. In one incident in November, the Daily News reported that two men involved in a violent slashing in a recreation room were supposed to have been in solitary for previous infractions.

This backlog is the main reason prison officials give for the recent expansion of segregated housing units. In 2009, DOC spokeswoman Sharman Stein said, there were over 1,200 inmates waiting to be placed in solitary. Since then, the department has added 325 units, bringing the total capacity to 1,035 solitary beds, or seven percent of the average daily jail population (a number the DOC says is comparable to other correctional systems, but which advocacy groups argue is much higher than the average—the Legal Aid Society says that the nationwide solitary rate is between two and four percent.)

Today, Stein says, only a "handful" of inmates owe Bing time.

"Resolving this backlog was important to address – all too often, inmates who had remained in general population pending imposition of the punishment for assaulting another inmate or staff, harmed another person," Stein wrote in an e-mail.

Running the New York City jail system, the second largest in the country, is not a simple task. The population at Rikers is an ever-changing one. There are over 87,000 admissions and more than 88,000 releases a year, according to the DOC. Unlike the state prisons, a majority of the population at Rikers is made up of detainees awaiting trial. Some are felons awaiting transfer to a prison facility upstate. Others are those serving short-term misdemeanor sentences, generally less than a year.

Schriro says that while the number of inmates being held in the city's jails is at a low, Rikers has seen an increase in the types of inmates who are prone to bad behavior and who are responsible for the majority of jail incidents: "high-custody" inmates, deemed by jail officials as more inclined to institutional violence, including inmates with gang affiliations, adolescents and the mentally ill.

"The inmate census is lower now than before, but the inmates who are in jail are far more difficult to manage and far more damaged than the inmate population previously," Schriro says.

"The very good news is the vast majority of inmates in our custody are violation-free. They're here to work through their case and then be gone," the Commissioner says. "But there are several populations in particular that have the greatest likelihood of breaking the rules, breaking the law, assaulting a member of the workforce or causing serious injury. There's this group that's pretty dedicated to those endeavors."

Overused and overly punitive?

Prison advocacy groups, however, dispute the DOC's assertions that they need more punitive segregation units. The backlog in inmates waiting for solitary beds, they say, is not due to lack of space but on the DOC's reliance on segregation as a punishment and as a management tool.

"My feeling is, it's being overused," says Barbara Hamilton, a former law librarian at the DOC who now works as a staff attorney at the Legal Aid Society, handling appeals for Rikers detainees challenging their punitive segregation time. "Sometimes it's used as retaliation, sometimes it's used to control mental health inmates."

Mentally ill inmates, experts say, are more prone to violent outbursts and other disruptive behavior in jails and prisons. At Rikers, just over a third of the population has a mental health diagnosis. Mentally ill inmates who violate rules and get sentenced to segregation time are placed in what's called a Mental Health Assessment Unit for Infracted Inmates, or MHAUII—200 solitary confinement beds where, according to Stein, there is increased access to clinicians staffed by the Department of Health and Mental Hygiene.

Research has shown that psychiatric symptoms are aggravated by the type of isolation used in punitive segregation, and advocates say even the MHAUII units are not sufficient and lack the resources for dealing with inmates with serious mental health problems.

"It's nothing like what would qualify as a mental health treatment unit," says Parish. "They have some mental health staff who checks on people every so often."

(At the same time, the DOC has been criticized in the past for not segregating mentally ill inmates. In 2001, for example, a detainee was beaten to death by his cellmate, a 19-year-old inmate whose own lawyers said should have been placed in solitary for his psychotic tendencies).

Schriro says Rikers staff carefully evaluates the needs of every inmate to determine where they should be housed. The department has spent the last two years fine-tuning their inmate classification system, "scoring" inmates based on factors like mental and medical health needs, as well as their propensity towards violent behavior. Someone deemed high-security, for example—like a known gang member—might be put in a housing unit where food is brought to their cell, instead of one where they need to be escorted to the chow hall, reducing the chance of a fight that might happen en route.

Inmates are re-assessed every 60 days, Schriro said, and good behavior can lower an inmate's score, which can get them moved into a less restrictive housing unit that offers some kind of reward incentive, like a common room that has two television sets instead of one.

Schriro adds that the DOC's hands are tied in many ways by city rules, set by the Board of Corrections' minimum standards, that allow all inmates in the general population—essentially, anyone other than those sentenced to punitive segregation—the option of leaving their cells or "locking out" for up to 14 hours a day. If the DOC were given more discretion in determining lock out periods for individual inmates, she says, they wouldn't depend as much on punitive segregation.

Further still, she insists, the city's solitary units are less restrictive than those in the state prisons or in so-called "super max" facilities, where inmates are often placed indefinitely and for years on end. At Rikers, where the average length of stay is 50 days, punitive segregation is more a "temporary assignment," she says, one that's largely reserved for inmates who've committed a grade 1 offense, typically a violent infraction.

Inmates who commit lesser violations, grade 2 or 3—say, drug possession or disobeying orders—will often receive less harsh reprimands, Schriro says. "But for that group where incentives do not entice, where lesser sanctions are not sufficient to otherwise modify their conduct, punitive beds become an important strategy," she adds. "Not by any means the only strategy, but it's something that's necessary, just as jail itself is."

Inmates rights groups, however, assert that it's common for individuals to get Bing time for minor offenses, like disobeying orders, and that much of the discretion is left in the hands of correction officers. The Legal Aid Society, which represents many Rikers inmates and detainees, says clients report a "culture of brutality."
Many accused of committing violence are often reacting to assaults committed first by officers, advocates say, pointing to DOC statistics indicating an increase in uses of force by jail staff as proof.

"I don't think it's running as smoothly as the Commissioner thinks," Hamilton says.

Victor Herrera, 45, was locked up in Rikers in 2010 for a drugs possession charge. He describes himself as a "boisterous" inmate and says he was disliked by the staff for complaining about his meals—he's a vegetarian—and for disobeying orders. He estimates he spent four or five months in the Bing, a period during which, he says, he was at the mercy of correction officers.

"Every need has to be met by the COs," he says. "They don't care about the inmates, they have this view that inmates are the lowest on the totem pole, that they're trash."

He says some officers would intentionally not deliver his meals as retaliation for bad behavior, and that he was routinely ignored if he tried to request something. He would take to covering up the small window looking into his cell—a security violation, because officers then couldn't check in on him—just to get someone's attention.
"They'd walk right by my cell and I could bang and yell and scream and nobody does anything," he says.

"You can talk until your mouth is dry and they will ignore you."

‘No better way to create a violent individual'

Inmates held at the Bing are typically on lockdown for 23 hours a day, experts say. They are allowed out for an hour of recreation, required by the Board of Corrections' standards, and for occasional meetings with lawyers or to meet with religious advisers, but their access to showers can be reduced at the discretion of staff. Reading materials and meals are brought to inmates in their cells by guards.

The isolation imposed by segregated confinement, many experts say, can cause severe psychological distress, even in otherwise healthy people. According to Dr. Stuart Grassian, a psychiatrist who studies the effects of solitary confinement, isolating inmates can result in agitation, paranoia, panic attacks, hallucinations and problems with impulse control—symptoms that can make someone already prone to violence even more so.

"There's no better way to create a violent individual than to put them in solitary," Grassian says. "Are there moments when a person should be housed by themselves until they calm down? Sure. We do it in psychiatric hospitals. But we do it in situations where there's an effort in re-engaging the patient. That's usually in a matter of minutes, hours, but not weeks, months or many years."

That's the argument that critics of solitary confinement make—that as a tactic to control violence, it just doesn't work. Jails should attempt to focus on fixing their management techniques, advocates say, and focus on rehabilitative efforts over lockdown.

"It may sound good politically to say you're tough on crime, but what you're really doing is being tough on the community, because we're going to see those people on the outside," Grassian says.

Sunday, July 3, 2011

Private Prisons coming to a neighborhood near you...

I'm glad to see a little critical assessment of the private prison bidders coming out of the AZ Republic right now, but it's way too little and much too late. They totally missed the problems with Corrections Corporation of America right here at Saguaro in Eloy - 18 prisoners are collectively suing for abuse and torture from last summer, and one is suing for rape (let's call it what it is - even though the guard who forced the prisoner to give him a blow job plead out to a much lesser charge).


The overcrowding Ryan refers to is a serious problem - that's one reason why some guys like Shannon Palmer and James Jennings got killed - the ADC got sloppy about cell assignments, too. But why build more prisons, instead of invest more in our communities? That doesn't make sense - especially since so many of the folks we're putting in there are seriously mentally ill, and need treamtent and housing, not prison. Judges just send them there because they don't know what else to do when the hospitals stop taking them and group homes put them out on the streets.


Those people constitute many of the non-violent repeat offenders that the AZ prosecutors and the Department of Corrections are trying to make us all think are also violent by creating one big category for all of them and packaging it in a pseudo-scientific "report" (sponsored by the state's prosecutors, of course). With it, they've declared that they have "all the right people in prison" since that combined category includes 94% of the incarcerated.


It's clearly intended to manipulate public sentiment in favor of building more prisons. They don't bother to explicitly tell us that at least 35% of those in that category are actually are NON-violent, because they know we wouldn't approve of more beds for citizens behind bars at $22,000/year per prisoner unless those people actually threaten or scare us. So many of these folks are just a danger to themselves and a nuisance to the rest of us. That shouldn't warrant exile to prison, brutality, and an early death.




Now, take a look at the AZ Department of Corrections' May 2011 "Corrections-at-a-Glance". Under "Inmate counseling and treatment services", note three things:



1. nearly a quarter of the prisoner population receives on-going mental health treatment - which isn't even counting all those who actually need it, but are just stuck at Supermax in solitary (or doubled or tripled up in a solitary cell with another crazy prisoner) to suffer it out.



2. Three-quarters of all new prisoners are coming in with substance-related problems, but



3. by eleven months into the fiscal year only 1,810 prisoners had received any kind of substance abuse treatment - and this is a state where some drug and alcohol offenders get mandatory prison time...in fact, I just heard a judge a couple of weeks ago tell some poor guy she was sending away that she thinks he's sincere about drug rehab and she'll recommend that the ADC place him in an appropriate treatment setting for it. I think she was as sincere as the prisoner was, too. Don't the judges in this state have any clue what really happens to the people they lock up?


Check out that report page again in a couple of weeks and you'll find the June 2011 "Corrections-at-a-Glance", which will give totals for the year.



Finally, if you're really interested in what's gone wrong with the state prison system in the past few years (not that anything was ever "right" about it, but folks are now killing themselves and each other at twice the rate), then just look at the difference between Dora Schriro's last five year plan (2010-2014) and current director Chuck Ryan's latest one (2012-2016).


Keeping prisoner homicides and suicides to zero actually used to be a goal, and many issues relevant to rehabilitation and reducing recidivism were tracked and reported. Now reducing prisoner neglect, violence or death no longer seem to be pertinent goals or objectives (except when it comes to reducing violence against staff of the medical bill for assaults on prisoners). Ryan's plans and reports don't even tell us how many suicides there have been in the preceding year - just homicides (of which there are still investigations pending, so don't even take that figure as a final count).


The problem isn't just with Ryan, though: the state legislature has explicitly refused to take any responsibility for prison oversight - which I think indicates either corruption or cowardice - or both. Clearly the private prison lobby in this state is much more powerful than the health care or consumer rights' lobbies, because a lot of otherwise non-criminal people are going to prison who should be getting medical care for their psychiatric or addictive disorders instead - and it would cost us all a hell of a lot less, in the end, than it does to criminalize, incarcerate, and brutalize "them" (who, in some cases, are actually "us" and our loved ones...).


-----------------from the Arizona Republic--------------

Arizona to expand private prisons

This month, and possibly as early as next week, the Arizona Department of Corrections is expected to recommend what company or companies should be awarded a contract to provide 5,000 new minimum- and medium-security prison beds.

That contract, put out to bid last January, is moving forward even though, after years of steady growth, Arizona's state-prison population has leveled off for the past year and a half - and even though all five bidders have checkered records of managing other private prisons.

Plans to add 5,000 new prison beds first surfaced last year as part of an unprecedented and massive bill legislators passed to privatize the entire state prison system. That ambitious privatization plan fizzled when no corporations showed any interest in a wholesale takeover. The proposal for 5,000 new private-prison beds survived, however.

Growth projected

At the time, based on growth rates, the Department of Corrections projected that Arizona would need another 8,500 prison beds by 2017. But since the end of 2009, when there were 40,585 inmates in the state prison system (including five private-contract prisons), the daily inmate count has fallen 1 percent to 40,181 at the end of June.

The Department of Corrections was the only major state agency to avoid a budget cut for the 2012 fiscal year, which began Friday. Its budget rose $10 million from last fiscal year, to $1.06 billion.

Some observers say that, given tight economic times, the state should reconsider paying to build more prisons.

"I don't think there's a need for it," said Rep. Cecil Ash, R-Mesa, who tried unsuccessfully last legislative session to promote sentencing reforms.

Ash noted that Texas, Missouri, South Carolina and other states have managed in recent years to reduce their prison populations and their crime rates at the same time.

He says Arizona should move in that direction instead of expanding private prisons.

A variety of federal and state studies have shown that Texas, Mississippi, Georgia, North and South Carolina, Kansas, Michigan and other states have managed to reduce both their crime rates and their prison populations by increasing alternatives to prison for some drug and nonviolent offenders, and creating more flexible sentencing practices.

The plan for the new beds was part of Gov. Jan Brewer's executive budget in 2010. The Governor's Office did not return calls seeking comment on the need for the contract.

Over capacity

Corrections Director Charles Ryan said that even with prison population growth tailing off, essentially all the state prisons are over capacity.

"There are temporary beds that have been there 30 years," he said recently, at the state prison at Florence. The new beds would allow the state to eliminate many double bunks in cells or overcrowding in dorms that weren't built for the number of prisoners they now hold, he said.

Ryan also said he doesn't expect the number of inmates to stay level indefinitely.

The department didn't offer any theories as to why the inmate population has stayed level of late.

In any event, Ryan noted, the state's request for proposals would phase in the beds, with 2,000 to be filled by April 2013, and the remaining 3,000 to be completed by April 2015. The request notes that everything is subject to the legislative appropriations process.

All five companies that bid on the project have experienced escapes and other issues at other prisons they operate. All of the companies are supposed to disclose, in their bids, any escapes, homicides, assaults on staff or inmates, riots or other disturbances, and various other issues at any prisons they operate. That history, however, accounts for less than five percent of the point total in the criteria used to evaluate the bids.

The bidders

Those companies are:

- Geo Group Inc., of Boca Raton, Fla. A publicly-traded company, Geo operates about 80,000 prison beds at 116 federal, state and local prisons and treatment facilities in the U.S. and three other countries. It reported $62.8 million in net income on $1.27 billion in revenues for its most recent fiscal year ending Jan. 2. It operates three prisons under contract with the Arizona Department of Corrections: the Central Arizona Correctional Facility (medium security) in Florence, and the minimum-security Phoenix West and Florence West prisons.

Geo has had at least 27 escapes in the past seven years, according to press accounts, including one three years ago that led to a murder in a convenience store in Houston. In 2007, Texas canceled an $8 million contract with Geo and closed the Coke County Juvenile Justice Center, citing filthy conditions. The company is currently fighting a suit by the American Civil Liberties Union alleging the use of excessive force, and unconstitutional and barbaric conditions at its Walnut Grove Youth Correctional Facility in Walnut Grove, Miss. Meanwhile, the FBI and a federal grand jury are investigating alleged illegalities in the appropriations and the construction of Geo's $120 million Blackwater River Correctional Facility in Florida. The company did not respond to calls and e-mails seeking comment.

- Management & Training Corp., of Centerville, Utah. A privately-held company, MTC operates 20 prisons in seven states, with a capacity of 26,000 prisoners. It does not publicly release financial data. It began in 1981 operating federal Job Corps centers. MTC operates two prisons under contract with the Arizona Department of Corrections, a medium/minimum security facility in Kingman and a minimum-security facility at Marana.

MTC currently faces lawsuits over the deaths of an Oklahoma couple killed after three inmates escaped from its Kingman prison last year. The company has also had escapes from prisons it operates in Texas and Utah. In two separate instances, it has been ordered by the U.S. Department of Labor to repay a total of more than $650,000 in back wages to officers from whom it withheld overtime pay in Texas and four other states. MTC spokeswoman Issa Arnita noted that the Utah escapees were inmates working outside the prison. And she said MTC added razor wire - not then required by Texas at minimum-security facilities - after the Texas escapes. She said that after the Department of Labor determination, MTC voluntarily audited all its facilities and compensated any employees who were due back wages.

- Correctional Corp. of America, of Nashville, Tenn. CCA is the largest private-prison company in the U.S., housing about 80,000 federal and state prisoners in 66 facilities across 19 states and the District of Columbia. A publicly-traded company, CCA reported net income of $157 million on $1.67 billion in revenues for 2010. It has no contracts with the Arizona Department of Corrections, but houses federal inmates and inmates from Hawaii, California and Washington at six prisons in Eloy and Florence.

CCA has had at least 21 escapes at various facilities over the past decade, including several that have led to assaults and other crimes. CCA also faces several lawsuits over its Idaho Correctional Center, dubbed the "Gladiator School" for allegations that guards and supervisors there regularly allowed violent inmates to assault and beat other inmates during 2009 and 2010. In January 2010, Kentucky Gov. Steve Beshear ordered hundreds of female prisoners removed from CCA's Otter Creek Correctional Complex after a series of charges that guards regularly sexually assaulted female inmates there. CCA did not respond to calls and e-mails seeking comment.

- Emerald Correctional Management, of Lafayette, La. A privately-held company, Emerald operates about 3,800 beds at six federal, state and local prisons. It has no contracts with the Arizona Department of Corrections, but operates the San Luis Regional Detention Center south of Yuma in partnership with the U.S. Marshals Service and Immigration and Customs Enforcement. It has had at least five escapes in the past decade.

Last year, the Houston Chronicle, reporting on the death of a Cuban immigrant, investigated the company's Rolling Plains Regional Jail and Detention Center in Texas. It noted that the company had no doctors to care for more than 500 immigration detainees at the facility, using only poorly supervised vocational nurses. Emerald did not respond to calls for comment.

- LaSalle Southwest Corrections, of Ruston, La. A privately-held company, LaSalle operates about 7,700 beds at 12 prisons in Texas and Louisiana. It has no contracts with the Arizona Department of Corrections. It has had eight escapes in the past six years, including three of minimum-security prisoners who walked away while on work crews outside the prisons.

Billy McConnell, a managing director of LaSalle, said that the company has never had an injury to a citizen or staff member as a result of an escape. "Anytime something like that happens we review our policies and procedure to make sure we know what went wrong, and we try to eliminate the possibility of that happening again," he said.