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 private prison lobby. Show all posts
Showing posts with label private prison lobby. Show all posts

Friday, November 4, 2011

Prisons are for profit, not for the People.

Another good piece by Bob Ortega at the AZ Republic, asking why we need to build more prisons...the short answer is that we don't - it's just that our politicians have already been bought by the private prison lobby in this state. Prison industry leaders like Corrections Corporation of America influence the drafting of criminal justice legislation to fill their beds with live bodies, not to reduce victimization, crime or incarceration rates. They do this through lobbying, funding organizations such as the American Legislative Exchange Council (ALEC), and - in league with prosecutors - promoting and disseminating propaganda that plays on the public's fears.

In fact, every effort made to implement diversion programs for certain populations (like drug addiction) or evidence-based sentencing cuts into their profits, as the evidence shows that mass incarceration is not the answer to our social ills.
In essence, the private prison industry is invested in perpetuating crime and punishment, not reducing victimization. I believe that the primary reason that the AZ Department of Corrections still hasn't completed their mandatory study on the costs and effectiveness of prison privatization is because the research will show that the only parties who benefit are corporations and the legislators they own - not the state or the people. That also translates into corporate and legislative resistance to expanding health care coverage for the poor, investments in community-based treatment options for the addicted, and meaningful efforts to address things like poverty, unemployment, and high school drop-out rates in our communities.

For those convinced that crime can only be stemmed by mass incarceration, please check out INCITE! Women of Color Against Violence for more information on how the prison industrial complex perpetuates societal violence and what can be done about it.


---------------------------------

Decline in Arizona inmate numbers raises questions

Push for more private-prison beds concerns some

For two years, Arizona's Department of Corrections has been trying to award a contract for 5,000 more private-prison beds.

Last year, the department canceled an initial round of bidding so it could beef up security requirements after three inmates escaped from a privately run prison.

Last month, a Maricopa County Superior Court judge removed the latest obstacle, dismissing a lawsuit by a prison-watchdog group seeking to block the contract award.

But now, after the delays, the Corrections Department faces a scenario that has been unfamiliar for 40 years: a decline in its prisoner population. And while Corrections officials continue to forecast an increase in prisoners, key factors the department itself cites to explain the recent decline suggest less certainty.

State auditors estimate that the beds would cost $585 million over the next five years.

"The fact we're moving forward with this outdated plan is mind-boggling to me," said Democratic state Rep. Chad Campbell, the House minority leader.

Before moving forward, he said, "we need a comprehensive review of the prison system and especially the private prisons and the need for any more private prisons in this state."

When the contracts were first proposed in the fall of 2009, the state's prisons were rapidly approaching capacity. For decades, the number of inmates in the state prison system had grown at a far faster rate than the state's population, peaking at 40,778 inmates that October.

But over the two years since that peak, the state's prison population has fallen 1.6 percent, to 40,116 as of Oct. 31.

Corrections Department officials, who say the extra beds will help ease crowding, project an additional 3,800 inmates by June 2015. Spokesman Barrett Marson said the department uses several data sources and methods to make prison population-growth projections. These include historical growth, county jail data, court filings, bookings and demographic data. Marson said the department also looks at less predictable factors such as possible changes in the economy, pending legislative action and changes in funding or policy within the criminal-justice system.

But the reasons behind the recent decline raise questions over whether the prison population will reach the state's projections.

Reasons behind decline

In its fiscal 2011 information report, the Corrections Department cited three factors for the recent drop in prisoners:

- Fewer convicts are coming in through the Maricopa County jails. The number of people awaiting trial in Maricopa County jails on felony charges has dropped 19 percent over the past two years. As Arizona's most populous county, Maricopa accounts for two-thirds of convicts flowing into the state's prisons.

When or whether the numbers of convictions and felons may rise again is uncertain. Crime-rate trends do not necessarily correlate with conviction rates, criminologists say, meaning one can't be predicted from the other. Over the past decade, the number of felony cases filed in Maricopa County climbed 90 percent even as crime rates fell by a third.

Court administrators don't make projections of criminal-charge or conviction rates, said Karen Arra, Maricopa County Superior Court spokeswoman.

- Fewer convicts are being sent back to prison for violating probation. Across the state, probation programs have significantly cut the number of convicts who have their probations revoked for technical violations. While some changes in probation have been in the works for nearly a decade, the big recent impetus for this drop in revocations seems to have been the 2008 "Safe Communities Act." Under that act, the state promised to kick back to the counties 40 percent of any money saved if they could reduce revocations by sending people back to prison only for substantial violations. Even though the Legislature didn't wind up providing the promised funds, and later canceled the program, counties have managed to cut revocations by more than 40 percent over the past three years, sending 1,328 fewer probationers back to prison in the fiscal year that ended June 30 than three years earlier.

Kathy Waters, the director of adult probation services for the Arizona Supreme Court, said she expects a further drop in probation revocations this year and next.

- Fewer non-citizens are in state prisons. The number of what the Corrections Department calls "criminal aliens," or non-citizens, sent to state prisons has fallen by more than a third over the past two years. There were 942 fewer non-citizens in state prisons at the end of last month than at the end of October 2009.

Corrections officials could not provide a breakdown of those who had been in the country legally versus without documentation at the time of their arrest; legal residents can lose their residency status when they are convicted of a crime.

The decline in non-citizens in the prison system coincides with the statewide drop in undocumented immigrants.

The Department of Homeland Security's Office of Immigration Statistics estimates that the number of undocumented immigrants in Arizona has fallen by roughly 100,000 over the past three years. Jeffrey Passel, senior demographer at the Pew Hispanic Center, said that while tougher immigration enforcement is having an impact, it's Arizona's sluggish economy, and the lack of jobs, that is the biggest factor.

History suggests that as long as the economy remains weak, immigrant numbers are unlikely to rebound, Passel said.

Preparing for the future

Even if the prison population were not to rise in the coming years, Corrections Director Charles Ryan has said that his department could use additional beds.

The department wants to replace the 5,266 temporary beds now counted in the prison system's housing capacity. Many of these temporary beds - extra bunks squeezed into dormitories or second beds crammed into cells meant to hold one prisoner - have been in use for decades.

However, the population decline means that 1,666 of those temporary beds were empty as of Monday.

And some lawmakers, such as Campbell, have called for putting the contracts on hold, saying it isn't in the state's best interest to expand Arizona's private prisons now.

Under its current plan, Corrections would bring the 5,000 contract beds on in phases, beginning with 2,000 by the end of April 2013 and the remaining beds by mid-2015.

It is unclear when the department plans to award any contract. Corrections officials say they expect to complete, by January, the first of the studies that were the subject of the lawsuit dismissed last month.

Maricopa County Superior Court Judge Arthur Anderson ruled that the prison-watchdog group, the American Friends Service Committee, lacked legal standing to sue the state. The committee tried to block any contract award until Corrections complies with a state law requiring biannual studies that compare the quality of services and the costs of private prisons to those run by the department.

Caroline Isaacs, the Arizona program director for the group, said the committee will consider legal action.

As The Republic first reported in August, Corrections has never conducted the studies, which are supposed to analyze costs, the security and safety of each prison, how inmates are managed and controlled, inmate discipline, programs, health and food services, staff training, administration and other factors as compared with state facilities.

The department, which previously had said it would award the contracts after Sept. 16, has asked the four finalists - Corrections Corp. of America, Geo Group, Management and Training Corp. and LaSalle Corrections - to keep their bids open until Nov. 22.


Sunday, October 9, 2011

Sentencing Reform: Arizona's time has come.

This is exceptional, in-depth coverage by Bob Ortega at the Arizona Republic. He and Mary K. Reinhart have been doing outstanding research on our state's collapsing public service systems and incarceration crisis - read them, leave comments at the sites of their original articles, and write a quick note to the Republic to commend their coverage of these critical issues. Ask them to go one step further, now, and get inside the prisons where some of our most vulnerable people are dying violently.


Send a letter to the editor with their online form.

By US Mail: Letters to the Editor, The Arizona Republic, P.O. Box 1950, Phoenix, AZ 85001.

Letters may also be faxed to (602) 444-8933.


Homes not Jails
Phoenix City Hall
December 22, 2010





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

Arizona prison sentences among toughest for many crimes

Bob Ortega

Oct. 9, 2011 12:00 AM
The Arizona Republic


Whether it's putting a shoplifter behind bars for three years or a child-porn user away for 200 years, Arizona imposes among the longest, harshest sentences of any state in the country for a wide variety of crimes.

Politically, that has been popular, but the practice carries a hefty price tag. This year, the state will spend more than $1 billion to keep prisoners behind bars, and that figure will balloon if Arizona carries out plans to build or contract for as many as 6,500 new prison beds over the next five years.

Many other states, to cut costs as budget deficits have soared, have adopted sentencing alternatives over the past decade that have slashed their prison populations.

They diverted non-violent offenders into drug- or alcohol-treatment programs, increased tightly supervised probation, and took other steps that experts say save money while helping cut the likelihood that convicts will reoffend.

Nationally, crime rates have been falling for decades. Even with more convicted criminals on the street, many of these states have seen their crime rates fall as far or farther than in Arizona, where the prison population has climbed 50 percent over the past decade.

But those calling for similar reforms here have been unable to persuade Arizona's political leaders to give up their tough-on-crime stance.

"We incarcerate 40,000 people; Washington has a slightly larger population than Arizona and it has 18,000 prisoners," says Rep. Cecil Ash, a Mesa Republican and sentencing-reform advocate. "Bottom line, we're spending a huge amount of money when we have better alternatives."

But Ash has found almost no support in his own party for changing sentencing.

Former House Speaker Kirk Adams says he and most other legislators agree with prosecutors that Arizona's tough sentencing laws are the reason for the state's falling crime rate.

"If we're talking about having some people not go to prison, or letting some out earlier, it's natural lawmakers would want to proceed very, very carefully," he said.

Over the past three decades, Arizona's population has leapt one and a half times to just under 6.4 million people. The state's prison population has grown five times as fast.

In 1980, one out of every 749 people in Arizona was behind bars. Today, it's one out of 159, based on U.S. Census and Arizona Department of Corrections data. Arizona has the highest proportion of people in prison of any state in the West and ranks sixth in the country. The U.S. has the highest rate of incarceration in the world.

One big reason for the high rate across the country, and especially in Arizona, is a series of "tough on crime" and "truth in sentencing" measures that lawmakers began adopting in the 1970s and continue to enact. Those laws have sent more people to prison for longer periods of time.

Arizona politicians from former Gov. Fife Symington to Maricopa County Sheriff Joe Arpaio have campaigned on the belief that putting more bad guys away for longer keeps communities safer.

But the numbers don't back that up. Despite a high incarceration rate, Arizona also has had some of the highest crime rates in the country, averaging between sixth and seventh among all states and the District of Columbia over the past decade, according to FBI data. A study soon to be released by the Arizona Criminal Justice Commission will report that Arizona's murder rate rose last year, and that rape has risen over the last decade, even though both those rates have fallen nationally.

Over the past few years, some two dozen states - including the traditionally punitive state of Texas - have passed sentencing and other criminal-justice reforms, many specifically aimed at cutting prison populations.

Reforms include scaling back or eliminating mandatory sentences, giving judges more discretion in sentencing, creating commissions to study sentencing practices, and adopting so-called "evidence-based practices." These policies encourage probation for non-violent offenders, electronic monitoring and community-based rehabilitation programs. Criminologists credit such reforms for reducing crime and prison populations.

But the Arizona Legislature has moved mostly in the opposite direction, rejecting efforts at sentencing reform. Last session, after being lobbied by Maricopa County Attorney Bill Montgomery and other prosecutors, leaders buried bills by Ash and another member of their own Republican majority who proposed reforms - creating a sentencing commission, expanding rehabilitation practices - similar to those adopted in Texas, Michigan, Kansas and New York. They also rejected a bill for a study of sentencing reforms. Arizona prosecutors and most Republican lawmakers insist that tough sentencing laws are essential to fighting crime by ensuring violent criminals get long sentences that keep them out of society.

Lawmakers did pass bills that increased sentences for child prostitution and sex crimes involving children, and created new crimes relating to human smuggling. Sponsors said the public supports tough measures for such crimes.

Spending on prisons rises

But putting more people in prison for longer is costly. Last year, as the state slashed spending on education, health care and almost every other area, the Department of Corrections was the only agency to see a budget increase.

In 1979, the state spent 4.3 percent of its annual budget on Corrections; this fiscal year, Corrections will take 11.2 percent of the budget. By contrast, over that time period, Arizona's spending on higher education dropped from 19.1 percent of the state budget to 10.5 percent.

The Corrections Department plans shortly to award one or more contracts for up to 5,000 more private-prison beds. The state's auditor general projects that those contracts will cost an additional $585 million over the next five years. And if further planned expansions to add 1,500 more prison beds go ahead, those would add nearly $400 million more in spending over the next five years, according to the auditor general.

Those kinds of mounting costs have led leaders in other states to push for sentencing reforms, saying it isn't a question of being soft or hard on crime but of being smart on crime.

"We recognize the need to have public safety, but at the same time we have to make the best use of our money," said Texas state Rep. Jerry Madden, who spearheaded a series of bills in his state that diverted people from prisons into mental-health, alcohol- and drug-treatment programs, increased community supervision and the use of electronic monitoring for non-violent offenders. Those changes are credited with reducing the need for thousands of prison beds.

"When I arrived at the Legislature, I had one message from my speaker: 'Don't build new prisons; they cost too much,' " Madden said.

The new treatment programs and other measures cost $241 million but saved far more. Texas scrapped plans to spend $523 million on new prisons in 2008 and 2009, and saved $36 million a year it had been paying to house prisoners in county jails. The changes also helped cut the recidivism rate. Madden notes that treating underlying mental-health, drug- and alcohol-addiction issues helps remove some of the triggers that lead to crime.

Shifting priorities

Travis Pratt, a criminologist and criminal-justice professor at Arizona State University, believes cost issues will eventually drive change in Arizona, too.

"Most states that have started to back off from the get-tough approach haven't done so because of some ideological shift; they've done so because they're broke," Pratt said. "They don't want to be less punitive, but they recognize that they've hit the fiscal limits of that agenda.

"Arizona will eventually hit that. It will become too expensive to maintain one of the highest incarceration rates in the nation."

While "policy makers found long ago that there's political capital to be gained by being tough on crime - the same philosophy that gets Arpaio elected and re-elected - that's not at the top of the political agenda anymore," Pratt said. "Now it's all about the economy, jobs, health care. Crime is slipping down the list, and policy makers won't get the same political capital out of the issue as they did in the past."

Others aren't so sure.

"We see a lot of pushback, even against things we know will work here, because right now the system is very favorable to prosecutors . . . and the benefits of sentencing reform are more difficult to see, so politically it's a tough sell," said ASU law professor Carissa Byrne Hessick, who has worked on sentencing-reform proposals.

"The prosecutors in this state seem to be well-organized, and they're very opposed to any sentencing changes," agreed Donna Hamm, a prison-reform activist and former state judge. "Judges don't have a lot of power over the length of sentences . . . there are a lot of mandatory minimums that have to be imposed. So the prosecutors are really driving that engine, because they decide which charges will be filed and which ones won't be."

Kim MacEachern, staff attorney for the Arizona Prosecuting Attorneys' Advisory Council, agrees with Hamm on one point: Prosecutors see no need for change.

"When we look at who is in prison, we believe the right people are there," she said. "And that has to be playing a role in the decrease in the crime rate."

Most criminologists, however, don't agree with that assessment.

"The research shows that incarceration is way overrated in terms of its ability to control crime. The ups and downs in the crime rate have a low correlation with incarceration rates," said Mona Lynch, director of the Center in Law, Society and Culture at the University of California-Irvine. Five other criminologists interviewed for this story agreed with Lynch, saying that scores of studies have shown that it's possible to lock up fewer people while still cutting crime.

A 2010 analysis of more than 400 studies for the National Institute of Corrections found not only that the longer the sentence, the more likely a convict is to reoffend, but that rehabilitation succeeds far more often in a community rather than prison.

Tougher penalties

Arizona has had a well-deserved reputation for handing down tough sentences since territorial days. But beginning in 1978, state lawmakers began to adopt an ever-wider variety of laws that increased the number of crimes, imposed harsher penalties and reduced the ability of judges to use their own discretion in handing down sentences or revoking probation.

Much of this coincided with nationwide sentencing trends, but as Lynch, the criminologist, describes in her book, "Sunbelt Justice," Arizona led rather than followed in tightening the screws.

These changes included, in 1978, presumptive sentencing, which imposed specific ranges of sentences for each type of crime. The idea was to make sentencing more consistent, but the change also put more power in the hands of prosecutors, who decide what violations to charge. Another change, mandatory sentencing, imposed specific longer sentences and eliminated the option of probation for violent crimes, sex offenses, repeat offenses and certain drug and DUI crimes.

Under those laws, in 1988, Jay Martin Jonas of Bisbee was sentenced to 25 years in prison for selling a marijuana cigarette, for a dollar, to a 14-year-old juvenile delinquent. He got 22 1/2 years more tacked on for agreeing to fence a handgun the boy had stolen. Jonas, then 21, had a prior felony, so the two sentences were imposed consecutively without any possibility of parole.

On appeal, Arizona Supreme Court Justice Robert Corcoran, writing for the majority, noted that Jonas' sentence "is among the harshest in the nation," but he upheld it. In his dissent, Justice Stanley Feldman replied, "Actually, it's the harshest. Arizona is the only state that would or could incarcerate a first-time seller of one marijuana cigarette to twenty-five years in prison without parole to be served consecutively to any other sentence imposed."

Jonas' attorney eventually won him some relief. He was released last year, after serving 22 1/2 years in prison.

"Sometimes," said Feldman, now in private practice, "common sense tells you a thing is so unjust it violates the Eighth Amendment," which bans cruel and unusual punishment. He said Arizona's criminal code can and does result in sentences that are "counterproductive, unjust and create too much expense."

Prosecutors wield more power

In 1993, Arizona adopted "truth in sentencing" laws. These abolished the ability of parole boards to award early release for new crimes. They required offenders to serve at least 85 percent of their sentence before being eligible for community supervision; and required serving 100 percent of the sentence for many felonies. Before, inmates typically had been eligible for parole after serving from half to two-thirds of their sentences. While most states adopted "truth in sentencing" laws for violent crimes, Arizona was one of only four to impose the rules on non-violent crimes.

Another change greatly reduced the option to let sentences run concurrently, as most states allow, when someone is convicted on more than one charge. It made consecutive sentences the default option and mandated them for certain crimes, including most crimes against children.

For Phoenix teacher Milton Berger, who was convicted in state court in 2003 on 20 counts of possession of child pornography, each with a mandatory minimum of 10 years, the consecutive-sentencing rule put him behind bars for 200 years with no parole. If Berger, now 61, reaches the median life expectancy for a man his age - 81 - Arizona taxpayers will spend more than half a million dollars to keep him in prison. Berger took his chances at trial because the plea bargain he was offered - 40 years with no parole - would essentially have been a life sentence.

In contrast, Deewayne Bowdoin of Willcox was prosecuted in U.S. District Court in Phoenix for possession of child pornography last year. He received five years in federal prison, "a just sentence for his role in the sexual exploitation of children," said then-U.S. Attorney Dennis Burke.

Critics say Arizona's mandatory-sentencing laws, meant to provide consistency, instead have moved discretion out of the hands of judges and into the hands of prosecutors, giving them enormous leverage to pry plea bargains from those accused and resulting in huge disparities.In the last fiscal year, plea bargains accounted for 95.6 percent of all felony criminal convictions in Maricopa County; only 1.6% of felony criminal cases filed went to trial, according to court records.

"Sentencing is nearly all done by plea bargaining instead of before a judge in open court," said Pima County Public Defender Robert Hirsh. "The deal is always driven by the risk of a higher sentence."

In 2009, William Johnson was charged in Maricopa County with felony shoplifting. To avoid a sentence of 10 years at trial, he agreed to plead guilty and received three years in prison for stealing a $3 bottle of wine. The plea bargain was considerably longer than the norm for similar crimes in most states, say defense attorneys.

States cut costs, decrease crime

While many states went down the same sentencing path as Arizona, in recent years most have walked back from such practices. Even the few states with higher incarceration rates than Arizona, such as Mississippi and Texas, saved money by cutting prison populations while also seeing deep drops in crime.

New York cut its prison population by 20 percent over the past decade, and New Jersey by 19 percent, while both states saw overall crime rates fall by similar rates as in Arizona and violent crime rates fall farther. Both states scaled back mandatory sentences for drug offenses and gave judges more discretion to send offenders into drug-treatment programs.

Mississippi, in 2008, brought back parole and scaled back mandatory sentences for a variety of non-violent offenses, retroactive to 1995. Over the next year, the state released more than 3,000 prisoners on parole an average of 13 months sooner, saving more than $40 million. Mississippi also saved roughly $12 million a year by expanding the use of home arrest with electronic monitoring. Its crime rate fell nearly 7 percent.

Many other states, including Georgia, Kansas, Florida, Michigan, North Carolina and South Carolina, have taken similar measures. Across the country, crime rates have been dropping for years, even as "we see an increasing trend of states turning to alternative sentencing measures and reforms," said Judith Greene, director of Justice Strategies, a non-profit group that studies incarceration policies. Like ASU's Pratt, she said the budget crisis has been an impetus; but with the declines in crime "people are a little less ready for the kinds of old, knee-jerk solutions proposed when crime was rising and people were feeling a desperation about what to do about it."

After peaking in October 2009 at just under 40,800, Arizona's prison population has dropped by about 700 inmates; officials say changes in probation practices are sending fewer people back to prison for minor infringements of probation.

Arizona's auditor general, in an audit last year, said the state could cut its prison growth by adopting sentencing reforms other states have put in place, and by expanding who is eligible for the diversion program voters created in 1996 through Proposition 200. Except for methamphetamine users, who are excluded, that proposition requires first- or second-time non-violent drug offenders to be put on probation and sent to a treatment program instead of prison. A 2006 Arizona Supreme Court study estimated this measure keeps more than 1,000 people a year out of prison, at an annual savings of about $11.7 million. ASU's Hessick said extending the program to meth possession could save $6 million a year more.

State legislator Ash said he plans to propose sentencing reforms again next session, for the fourth year in a row.

Friday, October 7, 2011

Exposing ALEC: Crashing the Colonial Party.


SB 1070 Signs of Resistance series
Loop 202, Phoenix, AZ (July 29, 2010)





Crash the Party - Expose the American Legislative Exchange Council

Friday, October 07 2011 @ 01:26 PM CDT

By Ingored
Slingshot #107 (Berkeley, California)

Folks in Arizona are calling for "creative diversity of tactics" during five days of protest November 29 – December 3 against the American Legislative Exchange Council's (ALEC) "States and Nation Policy Summit" in the Phoenix suburb of Scottsdale. ALEC helps corporations pass laws to increase their profits. The protest and day of direct action on November 30 aim to expose the cozy relationships between big-name corporate interests and the right-wing politicians who service them.

The Council is a non-profit forum where corporations work with legislators to write model laws to strengthen corporate power through deregulation, attacks on labor and immigrants, and by weakening environmental and health laws. The model legislation coming out of ALEC is introduced in state legislatures nationwide by thousands of state representatives and other politicians -- and ALEC claims that roughly 17 percent of the proposed bills are signed into law. ALEC claims to have almost 2,000 legislator-members -- about 1/3 of all state legislators from all 50 states, the vast majority of whom are conservative. 98 percent of its income comes from corporate sources representing a Who's Who of 300 major US companies, trade groups and law firms.

Despite ALEC's bold-faced role in putting government at the service of corporations, most people haven't known about ALEC until recently. There were small protests at ALEC's spring meeting in Cincinnati and its annual meeting in New Orleans. In July, the Center for Media and Democracy released roughly 800 leaked model bills developed by the Council that are now on-line and subject to public scrutiny. If thousands of people disrupt ALEC's Phoenix meeting, it will help expose ALEC and make it a household name.

Twelve years after 50,000 demonstrators shut down the World Trade Organization meeting in Seattle on November 30 using a "diversity of tactics" to expose the way the WTO puts government at the service of corporations to exploit the Earth and her people, could history repeat itself in Phoenix on November 30, 2011? By pushing state and local governments to serve corporate interests, ALEC is like an internal-US version of the WTO. Many folks around the country are making plans to be in Phoenix in late November, and solidarity protests are planned for November 30 nationwide.

American Legislative Exchange Council Exposed

ALEC's mission statement explains that it exists "to advance the Jeffersonian principles of free markets, limited government, federalism, and individual liberty, through a nonpartisan public-private partnership of America's state legislators, members of the private sector, the federal government, and general public."

ALEC currently has 9 task forces on different topics, each co-chaired by one elected official and one or more representatives of the "private sector" i.e. a corporate representative. Together, corporations and elected officials develop model legislation. Task forces include: Public Safety and Elections; Civil Justice; Commerce, Insurance and Economic Development; Education; Energy, Environment and Agriculture; Health and Human Services; International Relations; Tax and Fiscal Policy; Telecommunications and Information Technology.

ALEC has a board of directors composed of elected officials, plus a "private enterprise board" composed of corporate representatives. The private enterprise board includes representatives from (among others) the right-wing Koch brothers (Koch Companies Public Sector, LLC - Mike Morgan), ExxonMobil Corporation (Randy Smith), Peabody Energy (Kelly Mader), AT&T (Bill Leahy), Wal-Mart Stores (Maggie Sans), Coca-Cola (Gene Rackley), Kraft Foods, Inc. (Derek Crawford), State Farm Insurance Co. (Roland Spies), UPS (Richard McArdle), Intuit, Inc. (Bernie McKay), Bayer Corp. (Sandra Oliver), GlaxoSmithKline (John Del Giorno), Pfizer Inc (Michael Hubert), Pharmaceutical Research and Manufacturers of America (PhRMA) (Jeffrey Bond) and the American Bail Coalition (William Carmichael).

The 800 model laws drafted by ALEC are mind-boggling in their pro-corporate scope. They cover school privatization, green house gas emissions, union busting, industrial farming, biotech, fracking, pesticides, liquified natural gas, childhood lead exposure, health insurance, coal ash, international trade, water, banking, consumer protection, auto insurance, credit cards, tort reform, voter ID, guns, death and taxes. ALEC provided inspiration for Wisconsin Governor Walker's bill stripping public union of collective bargaining rights that led to massive protests in early 2011.

ALEC's corporate members pay $7,000 to $25,000 a year, plus thousands more to participate on task forces. Legislative members pay $50 a year. Besides getting access to model legislation written by ALEC, legislators and their families receive all-expense-paid trips to ALEC meetings (read: free vacation) where they can network with wealthy corporate representatives -- potential campaign contributors. ALEC spent $251,873 for childcare during 2009 so its guests could enjoy themselves. The November Summit meeting, for instance, will be at the luxurious Westin Kierland Hotel in the wealthy Phoenix suburb of Scottsdale.

Criminal Injustice

It is either fitting -- or ironic -- that ALEC is having their meeting in Arizona given ALEC's involvement in drafting Arizona Senate Bill 1070, the harsh anti-immigrant law passed in 2010 that sparked massive protests and a boycott against Arizona. SB 1070 requires Arizona police to attempt to determine an individual's immigration status during a "lawful stop, detention or arrest" when there is reasonable suspicion that the individual is undocumented. The law makes it a misdemeanor for any alien 14-years old or older to be in Arizona without carrying federal registration papers. SB 1070 also makes it illegal to give rides to immigrants or "conceal, harbor or shield" them if they are in the US illegally. The law, which almost requires racial profiling, is on hold after a federal judge issued an injunction blocking its enforcement.

During a December, 2009 meeting in Washington DC ALEC developed a model act with provisions that would become SB 1070 known as the "No Sanctuary Cities for Illegal Immigrants Act." At the time, Arizona Senator Russell Pearce, who introduced SB 1070 in Arizona, was an executive member of ALEC's task force on Public Safety and Elections. The private enterprise executive members of the task force included Corrections Corporation of America (CCA), the largest private prison company in the US, as well as the American Bail Coalition, representing bail bondsmen and bounty hunters. The National Rifle Association was the private enterprise chair of the task force.

It is significant that corporations which stand to profit when more people are arrested and imprisoned are pushing laws that will accomplish that goal. For example, CCA was expected to earn $74 million for operating private immigration detention centers during 2010.

SB 1070 is not the first law-and-order bill linked to ALEC. ALEC and its partners in the private prison business were behind the dozens of Three Strikes, truth-in-sentencing and mandatory minimum laws passed by states over the last 20 years. ALEC's model Three Strikes law was called the "Habitual Violent Offender Incarceration Act." These laws have helped double the number of people imprisoned in the US in the last generation, particularly decimating communities of color. The US has the highest rate of incarceration in the world -- over 2 million people. ALEC's corporate partners have made millions off human suffering.

ALEC has tried to focus the war on terrorism against non-violent environmental protestors by drafting "The Animal and Ecological Terrorism Act" (a broader version of the Animal Enterprise Terrorism Act) and the "Environmental Corrupt Organizations-Preventative Legislation and Neutralization" act which treats activists like organized crime syndicates. Even publishing this article could be illegal under the act. These laws have been proposed in at least 16 states.

Because of ALEC's role in drafting SB 1070, Arizona activists in Project Baldwin describing themselves as "a group of people in occupied Indigenous lands" are organizing the protest in November. Their call to action notes "Whether maintained by the state or corporations, we're against all systems of control. We are for freedom of movement for all people. ALEC should know there are a million better things to do with their time than plotting mass incarceration. But there's nowhere we'd rather be than confronting their meeting. We're calling for four days of action here in occupied Onk Akimel O'odham lands from November 29th - December 3rd, 2011, with an emphasis for action on November 30th (N30!). We encourage a creative diversity of tactics on N30, the 12th anniversary of the Seattle uprising against the WTO. No matter the acronym, ALEC is no different than all the other gangs of businessmen, politicians, and bureaucrats that we've been resisting for over 500 years."

Colonialism

Project Baldwin puts ALEC in the context of colonialism: "Ultimately, there is nothing particularly remarkable about ALEC - everywhere those who benefit most from capitalism meet to devise ways to tweak the existing systems of economic exploitation to work more effectively in their interest.

"Internationally, institutions like the WTO and the IMF are the mechanisms of neo-colonialism, manipulating international markets and rewriting national laws to more efficiently channel the flow of resources from south to north, from poor states to wealthy ones, from marginalized peoples to the global ruling class. ALEC, in turn, represents the collusion of capital and the state to orchestrate the same process at the domestic level in the U.S.

"The policies that ALEC promotes are fundamentally designed to maintain control over marginalized populations upon whose exploitation the nation's corporations and ruling class depend to maintain their economic and political domination. For instance, ALEC's work on the behalf of the prison industry has targeted communities of color for criminalization and incarceration, creating a constant flow of human fodder for the prison industry and reinforcing the racialized and class-based hierarchies that underpin capitalism.

"It is important to articulate resistance to ALEC in terms of what it represents on a global scale and the role it plays in the over 500 year process of colonization in the Americas. ALEC presents the unique opportunity to resist colonialism by directly confronting capital and the state while illustrating the ways in which each institution supports and defends the other.

"ALEC is the perfect example of how hollow and false social democracy is. ALEC and every one of the policies it promotes deserve to be directly confronted with fierce and uncompromising resistance to interrupt their ability to destroy lives and promote misery."

For more information about ALEC and how you can go to Arizona to shut it down, check out: alecexposed.org or azresistsalec.wordpress.com or email projectbaldwin@riseup.net. To plug into the November 30 solidarity action in the Bay Area, contact: communityactiondefense@gmail.com, Communityactiondefense.wordpress.com

Monday, September 5, 2011

Buying the Vote: Corrections Corporation of America

Can you be trusted?

Arizona Attorney General's Office, Phoenix
October 2010



Thanks to Bob Ortega, who continues to do a great job covering the private prison issue for the Arizona Republic...hit the site and check out their previous articles:


-----------------------------

More on the private-prison system

document Read the documents
• Arizona private-prison delay urged
• Coolidge voices desire to land new prison
• 2010 escape at Kingman an issue for MTC's bid
• La. firm says prison escapes led to changes
• Private-prison bidder Geo's record an issue
• Proposal to build private prison in Goodyear draws fire
• Firm presents Arizona prison proposal
• Arizona prison oversight lacking for private facilities
graphic Kingman prison empty bed payments
document Documents show security lapses in prisons
• Public hearings on prison plans
• State to expand private prisons
• Kingman private prison slow to fix flaws
• Arizona DOC faces systemwide security lapses



Arizona prison businesses are big political contributors

Corrections Corp. of America, the country's largest private-prison operator, says it thrives by offering better service at a lower cost than state-run prisons. It's an argument echoed by the three smaller rivals bidding on a 5,000-bed private-prison contract with the state of Arizona.

But when it comes to other ways of winning business, such as employing platoons of lobbyists, doling out campaign contributions and working through political connections, CCA stands head and shoulders above its competitors, in Arizona and across the country.

document Read prisons cost report


It isn't easy to disentangle the complicated political and financial connections between a company and the public officials whose policy decisions can help or harm its business. But critics accuse CCA of using its financial might and political connections to influence decision makers and muscle its way to multimillion-dollar deals behind closed doors.

"They spend a lot of money, and clearly, they spend it because it benefits their interest, which is winning contracts," said Bob Libal, a senior organizer at Grassroots Leadership, a Texas group that opposes prison privatization.

The company says its lobbying activities are meant only to educate lawmakers. Critics who argue that putting prisons in private hands creates a perverse incentive for companies to push for tougher prison terms level similar charges against competitors Geo Group Inc., Management and Training Corp., and, to a lesser extent, LaSalle Corrections, the other companies bidding for new Arizona contracts.

Arizona's Department of Corrections plans to award one or more contracts after Sept. 16 for an expansion of private prisons ordered by state lawmakers and signed by Gov. Jan Brewer last year. This follows a failed effort in 2009 that would have allowed privatization of all but one of Arizona's 10 state-run prisons.

Just before a series of recent community hearings to assess competing bids, Geo and MTC hired additional lobbying and public-relations firms in Arizona. But both are playing catch-up to the efforts of Nashville-based CCA, which has outspent its rivals in campaign contributions and has cultivated more political connections.

Political footprint

The nation's largest and oldest corrections company, CCA runs more than 60 prisons and immigrant-detention centers across 19 states and the District of Columbia. It has by far the largest political footprint of the dozen or so companies that operate private prisons in the U.S.

CCA has spent about $17.6 million lobbying Congress and federal agencies over the past decade, according to records compiled by the Center for Responsive Politics, a nonpartisan organization that tracks the effect of money on U.S. politics. The agencies include the Department of Homeland Security and its Immigration and Customs Enforcement division, which contract with private operators such as CCA for immigration-detention centers.

Thirty of CCA's 35 lobbyists on Capitol Hill previously worked for members of Congress or for federal agencies. Two CCA senior executives are former directors of the Federal Bureau of Prisons, including Harley Lappin, whom CCA hired in June as chief corrections officer a week after his retirement from the bureau. CCA is a major bureau contractor. Another CCA vice president, Bart VerHulst, previously worked as chief of staff for then-Senate Majority Leader Bill Frist of Tennessee.

Since 2000, the company has won $3.84 billion in federal contracts, including just under $546 million for federal contracts in Arizona, according to government records. CCA's six prisons in Arizona hold inmates from other states, federal prisoners and immigration detainees. Its bid calls for moving out prisoners from Hawaii and California at its existing Red Rock and La Palma prisons in Eloy and moving in Arizona prisoners.

CCA lobbies heavily on the state level, employing 178 lobbyists in 32 states over the past eight years, according to the National Institute on Money in State Politics, a nonpartisan group that gathers lobbying and campaign-finance data.

In Arizona, the company has cultivated high-level connections. Former U.S. Sen. Dennis DeConcini sits on CCA's board of directors. Perhaps the highest profile among CCA's 22 registered lobbyists in Arizona belongs to Chuck Coughlin, president of HighGround Public Affairs Consultants and a senior political adviser to Gov. Jan Brewer. Besides CCA, HighGround's 23 lobbying clients include Maricopa County and Salt River Project.

Coughlin served as chairman of Brewer's transition team when she took office in 2009 and as her campaign manager in 2010. He also has managed election campaigns for Senate President Russell Pearce.

Other heavy hitters with ties to CCA include Paul Senseman, a lobbyist with Policy Development Group, who served until last fall as Brewer's spokesman and whose wife, Kathryn Senseman, lobbied for that group while he worked for Brewer; and Bradley Regens, who joined CCA in 2007 after nine years as an Arizona legislative staffer, including two years as director of fiscal policy for the state House of Representatives.

Brewer has advocated for privatizing Arizona prisons. But even other privatization supporters say her CCA connections raise red flags.

"I've questioned Brewer's choice of staff in the past for the same reason; she has a lot of contract lobbyists, and I have a problem with that," said Sen. Ron Gould, R-Lake Havasu City. "At the very least it gives the public the appearance that these companies have too much influence, and you have to wonder what's going on when they leave Brewer's office and go right back into lobbying."

Brewer's office did not respond to repeated requests for comment.

Since 2003, CCA employees and affiliates have given nearly $2 million in campaign contributions to state-level candidates and ballot issues across the U.S.

In Arizona, CCA associates and its political-action committee have reported giving about $35,000 in political donations over the past decade to Brewer, Pearce, former House Speaker Kirk Adams, House Speaker Andy Tobin and many others. A big chunk of that, $11,520, was given for last year's election campaigns.

Arizona lobbying firms that represent CCA made about $35,000 in political contributions in the 2010 election cycle. Whatever influence contributions may bring, they are wielded on behalf of many clients.

CCA has spent far more in other states as has its nearest rival, Geo Group.

"They don't have to spend the money here," said Rep. John Kavanagh. "They don't really have to convince us."

In his view, a majority of the state legislators philosophically support the notion of privatizing government services when it makes economic sense. Kavanagh said he believes that Corrections Department studies in recent years showing private-prison beds cost more than state-run prisons "don't properly take into account secondary expenses," such as pensions for state corrections officers and differences in insurance rates. However, several academics who study corrections said Arizona conducts the most thorough cost comparisons of any state.

Corporate ties

CCA has other connections with legislators in Arizona and elsewhere, most notably as a longstanding corporate member of the American Legislative Exchange Council.

The council describes itself as a nonpartisan national association of state legislators; in fact, it is a partisan vehicle that brings together about 300 large corporations and 2,000 predominantly Republican legislators on task forces that produce model bills that lawmakers can introduce in their state legislatures.

Recent ALEC policy initiatives focused on an anti-regulatory, anti-union, anti-Obama health-care, pro-free-trade agenda.

The council doesn't release corporate or legislative membership lists. But a May 12 e-mail from Rep. Debbie Lesko, ALEC's public-sector Arizona chairwoman, lists 51 current Arizona legislative members, more than half of both the state Senate and state House. There are 50 Republicans and one Democrat, Rep. Richard Miranda of Tolleson. Lesko's e-mail, inviting lawmakers to the council's annual meeting in New Orleans, was leaked and posted online by a Tucson blogger; Lesko confirmed its contents.

Corporations, from Walmart and Exxon Mobil to Koch Cos. and Salt River Project, provided 98 percent of the council's funding last year, according to a tax filing obtained through a Freedom of Information Act request. Lawmakers pay $50 a year to join; corporations pay from $7,000 to $25,000 a year for membership, plus more to sit on task forces, or to sponsor events hosting legislators and, often, their families. Corporations also fund ALEC "scholarships" that pay for lawmakers' travel and lodging.

CCA spokesman Steve Owen said his company left ALEC last year. But for the past two decades, a CCA executive has been a member of the council's Public Safety and Education Task Force as it produced more than 85 model bills and resolutions that required tougher criminal sentencing, expanded immigration enforcement and promoted prison privatization. Laurie Shanblum, CCA's senior director of business development, was the private-sector chair of the task force in the mid- to late '90s, when it produced a series of model bills promoting tough-on-crime measures that would send more people to prison for a longer time.

They included a "Truth in Sentencing Act" requiring that convicts serve at least 85 percent of any sentence, and 100 percent of a sentence for violent crimes; a "Mandatory Minimum Sentencing Act," imposing longer, mandatory sentences for all drug offenses; a "Third Strike" law mandating a life sentence for a third violent felony conviction; and dozens of other bills that called for violent juveniles to be tried and sentenced as adults, and for longer sentences for child-porn crimes, drunken driving, repeated retail theft and many other crimes.

Critics, many with ties to public-union or human-rights groups, have charged that such bills, by sending more people to prison longer, drove up demand for the prison space and services CCA sells.

Starting in the 1990s, the ALEC task force also produced model bills directly promoting prison privatization. These included bills to let private prisons house inmates from other states without permission of local governments, require privatization of prisons and correctional services and encourage contracting for prison labor.

Council members from Arizona, including Pearce, and a long list of former legislators going back to the early 1990s including Wes Marsh, John Verkamp, Jay Tibshraeny and Thayer Verschoor, subsequently introduced bills here that were near-duplicates of the ALEC model bills.

Lobbying costs

Geo Group Inc. of Boca Raton, Fla., the country's second-largest private-prison firm, has spent freely in recent years on lobbying and political contributions as it has tried to compete with CCA.

Geo, which is in the running for the new contract, operates 53 correctional and immigration-detention facilities in 17 states, plus an immigration facility at Guantanamo Bay, Cuba. In Arizona, Geo operates three contract state prisons: the Central Arizona Correctional Facility and Florence West, in Florence, and Phoenix West.

Geo has spent $2.4 million since 2004 lobbying Congress and federal agencies including Homeland Security and Immigration and Customs Enforcement, according to the Center for Responsive Politics. Two of Geo's four federal lobbyists formerly worked on Capitol Hill.

Geo has won $2.69 billion in federal contracts over the last decade, according to government records.

On the state level, Geo Group has used 68 lobbyists in 16 states over the past eight years, according to the National Institute for Money in State Politics. Over that time, Geo employees and affiliates spent more than $2.6 million in campaign contributions at the state level across the country.

In Arizona, Geo has seven registered lobbyists, including three at KRB Consulting Inc., a firm it hired in early July in advance of Department of Corrections hearings on the pending private-prison contract. KRB's Kristen Boilini worked for the Mofford and Symington administrations from 1989 to 1994; the firm's Nick Simonetta is a former state Senate staffer. Geo also recently hired the Arizona publicity firm of Leibowitz Solo. The firm's principal, David Leibowitz, is a former Republic columnist. Another Geo lobbyist is former legislator John Kaites, at Public Policy Partners.

In the 2010 election cycle, Geo Group's lobbyists made about $39,000 in campaign contributions to Brewer, Pearce, Adams, Kavanagh and others. Most of those firms also represented many other clients.

Geo associates and its political-action committee have given more than $28,000 in campaign contributions over the last decade, including at least $7,960 before last year's election. Geo employees focused their 2010 contributions on then-House Speaker Adams and Majority Whip Tobin.

The two leaders, along with Pearce, co-sponsored a bill signed by Brewer in September 2009 that mandated the 5,000 private-prison-bed expansion, the privatization of the Department of Corrections' health-care services, and ordered Corrections to seek potential bidders to take over up to nine of Arizona's 10 state-run prisons.

That last provision was intended to raise at least $100 million, but it failed to attract a qualified bidder and was repealed in March 2010 after some lawmakers had second thoughts when Corrections Director Charles Ryan raised security concerns.

Smaller competitors

In contrast to CCA and Geo, the much smaller and privately held Management and Training Corp. of Centerville, Utah, and LaSalle Corrections of Ruston, La., have spent just under $350,000 combined on federal lobbying over the past decade.

LaSalle, the smallest of the bidders, operates 12 prisons in Louisiana and Texas. It is the only company that doesn't hold any Arizona or federal contracts; and there is no record that it has registered lobbyists or made political contributions in this state. LaSalle's managing partner, Billy McConnell, and his family have given just under $59,000 in political contributions in Louisiana since 2000.

MTC's prison operations are a little more than a third the size of Geo's or CCA's. It runs 20 facilities in seven states, including two prisons under contract with Arizona's Department of Corrections, at Kingman and Marana. However, the company, which also runs Job Corps job-training centers for the U.S. Department of Labor, has amassed $3.26 billion in federal contracts since 2000. About $466 million of that amount is corrections-related.

MTC also has spent less than its larger rivals on lobbying and campaign contributions in recent years, though it recently ramped up its efforts. On Aug. 10, MTC hired the Dunn Stewart Group as lobbyists. Terry Stewart, a former Arizona Department of Corrections director under whom current director Ryan served as deputy, represented MTC at recent public hearings in San Luis and Coolidge. MTC also employs former Corrections assistant director Carl Nink.

MTC won the bid in 1993 for Arizona's first private contract prison, at Marana. The idea was championed by then-Rep. Bob Burns, an ALEC leader in the state. The debate over prison privatization in Arizona dates from at least the mid-1980s, when Govs. Bruce Babbitt and Rose Mofford three times vetoed proposals. Throughout the 1990s, privatization supporters in the Arizona Legislature consistently have been affiliated with ALEC.

"You can follow the money and connect the dots and there are a lot of troubling connections," said Rep. Chad Campbell, D-Phoenix, the House minority leader.

Campbell has asked Brewer to delay any new contracts until the Department of Corrections completes a study, due in January, to provide a comprehensive comparison of private and public prisons. Such biennial studies are required by state law but have not been conducted to date.

"I don't see the governor or legislative leadership complying with the law. . . . I don't see any evidence they're doing the due diligence to make sure this is a good deal for the taxpayers," Campbell said.



Friday, August 26, 2011

Build Communities not Prisons: Public Hearing feedback.

John McCain Town Hall Meeting
Goodyear Justice Center
August 23, 2011



----Editorial from The Tucson Citizen/ Cell Out Arizona-------

Prison, Privatization and Politics

By Dianne Post


The Arizona Department of Corrections conducted five public hearings regarding contracts for 5,000 beds in private, for-profit prisons. The last hearing was in Coolidge on 18 August at the City Council Chambers. I drove down from Phoenix through a sandstorm and got a good car wash as it poured rain during the hearing. Close to 200 people packed the auditorium in a sea of blue tee shirts saying “Coolidge: The right choice.” People of color were noticeably absent.

As with the hearing I attended in Goodyear on the 10th, the director of DOC, Chuck Ryan, began promptly on time and outlined the legislative action authorizing the 5,000 new beds and the process for DOC. It became apparent during the testimony that talks have been ongoing in Coolidge since early 2010.

The representative from MTC was given an hour for his presentation. He talked about “A Partnership for the Future” and the BIONIC (believe it or not I care) culture of MTC. The presentation focused on the job corp and international charity work rather than the reality of the prison facilities they already mismanage. This approach was clearly designed to mislead the audience into thinking they were some kind of charitable organization rather than the bottom-feeders they are.

They bragged about their record in Arizona in spite of the disaster in Kingman and the result that they never learned their lesson as they sued the State when the state tried to make them correct the security errors and got nearly $3 million of taxpayer dollars from that. For trying to be held accountable for letting killers escape and to clean up their act. Clearly no lesson was learned.

Rather than take their entire hour, they paraded an array of officials to the podium to sing their praises. The mayors of Coolidge and Marana, the sheriff and the chief of police, members of the board of supervisors, members of the school board, members of the city council, the Chamber of Commerce all marching in lock step.

Thirty-seven speakers followed the presentations. The first two speakers took the wind out of their sails. Vivian Haas and her son-in-law Frank Rook (not sure of spellings) are the family of the couple that was murdered by the inmates who escaped from Kingman. They told the tale of MTC’s mismanagement, incompetence and inhumanity in the wake of the murders. While they had no position on profit v. state prisons, they focused on safety and strongly urged not to reward MTC with any contracts.

Of course other speakers talked about how wonderful MTC was including some employees shipped in from Kingman. As with other hearings, the need for jobs eclipsed every other thought about the real impact of the prison. The college spoke of having an educated work force and being able to educate the staff. Students in the law enforcement program told how eager they were for jobs.

I spoke for NAACP opposing the prison for four main reasons: cost, safety, mismanagement and the inhumanity of for-profit prisons. Several speakers illustrated the debasement of our society by referring to the prisoners as good revenue sources because their presence counts for federal revenue sharing so the area would get more money. That’s like the Constitution that counted slaves as three-fifths of a person for purposes of representation. Ryan referred to “loading in the facility” when he meant sending inmates – now reduced to items of commerce – to Kingman. People are not cost centers. They are human beings with human rights.

Peggy Plews spoke about the surfeit of human rights in prisons and asked the group to form a citizens oversight committee and to be committed to human rights. I didn’t notice anyone writing down her website. Emily Verdugo a local resident and education coordinator for the Democratic Party in Pinal County spoke about the lack of vision of local leaders to seek a prison as the only industry for the town. She feared that with a prison in the city limits, education would never be funded. She pointed out that prisons are put in towns with a poorly educated populace and what was the message for Coolidge?

Susan Hower from Tubac spoke as the former head of New Jersey DOC and pointed out that MTC had made lots of promises but the reality and the research proves that such promises do not come true. Other businesses do not follow a prison and economic development does not occur. Good jobs do not materialize as often other prisons are closed and those jobs are just moved. In Bullhead City, inmates from Kingman are replacing city workers and good jobs being lost. The work is tough and the turnover very high for the low pay and high stress. She pointed out that DOC had withheld $44,000 from Kingman MTC and $54,000 from Marana MTC for failure to fill the jobs they had. Of course vacant positions mean more profit for the corporation. Lastly she pointed out the debacle in Texas where MTC left a town high and dry with an $837,000 loss after they fled the town.

The next speaker Rachael Wilson asked pointed questions about how the financing would work. After some tough cross examination, in which the MTC representative said – trust me, we have been doing this for 17 years - she established that Wall Street investors would buy the bonds and then the State of Arizona – with your tax dollars – would pay them back. Do you trust Wall Street? Do you trust MTC? The contract is only on a five-year option so MTC can bail in five years with the money and leave us stuck with the debt. Terry Stewart, former DOC head and now a shill for MTC, also tried the “trust me” route but got no better reception as the speaker pointed out it would be to the advantage of DOC to decrease prison population but to the advantage of MTC and other for-profit prisons to increase prison population. She asked the recidivism rate and DOC’s only answer was that it was 24.8% for all prisons combined – private and state – and they could not break out the numbers separately. Don’t believe it.

DOC came in for its share of criticism from Lucy Shep from Tucson for not monitoring its contracts with the private prisons. She forced DOC to admit that the law requires that every two years a comparison be done between state and private prisons and though we have had private prisons in Arizona for 17 years, one has NEVER been done. Ryan claimed one would be done by June 2012 – too late for this decision making process.

Frank Smith from the Private corrections Institute spoke and outlined the history of lies about private prisons – the failure of jobs, the low pay, the lack of benefits, the lack of economic development, the turn over, the lack of safety, and the excessive cost. He encouraged the audience, as had earlier speakers, to do their own research and not believe the fantasies told by DOC and MTC.

Roberto Reveles, president of the Board of ACLU, opposed privatization because of the mismanagement of the prisons, especially by MTC. He reiterated that they don’t save money, are not safe, focus on profit and are not accountable. No cost benefit analysis exists so there is no rationale to do this and the state is fiscally irresponsible to spend this money at this time.

You still have time to speak up. Comments are due by the end of August to: Procurement, ADOC, 1645 W. Jefferson, Phoenix, 85007. Specify in the document that you are writing about the 5,000 private prison bid RFP. Send copies of your letters to both your state representatives and your state senator and the governor.

As Dr. Martin Luther King said, “In the end, we will remember not the words of our enemies but the silence of our friends.”



Wednesday, August 24, 2011

Terry Stewart: Grassrooots Leadership Hall of Shame.

from the Grassroots Leadership Blog, some insights on former AZ Department of Corrections Director Terry Stewart...

-----------------------

Welcome to The Humpday Hall of Shame – every Wednesday we’ll highlight the private prison industry’s influence on public policy through campaign contributions, lobbying, and the revolving door of public and private corrections.


This week’s Hall of Shame inductee is Terry Stewart, former Arizona Department of Corrections (ADOC) director and current Management and Training Corporation consultant. Over the past several weeks, Stewart has reportedly been at all five community hearings debating bids on the State of Arizona’s RFP for a 5,000-bed for-profit prison expansion. MTC is one of four private prison corporations attempting to secure a contract under the bid for the new private prisons.

Terry Stewart has quite the resume. He served as ADOC director from 1995 until 2002. His second-in-command was none other than current ADOC director Charles Ryan, the man who is now in charge of awarding the contracts for the new private prison beds. In those days, dissatisfied correctional officers referred to Stewart as “The Emperor” and Deputy Director Charles Ryan as “Darth Vader,” according to an article in the Phoenix New Times (“The Vampire Strikes Back,” August 8, 2002).

As ADOC Director, Stewart was a proponent of prison privatization claiming that private facilities would be cheaper to build (though a later New York Times article found they are in fact more expensive than public facilities to operate). Under Stewart’s leadership, the department was sued by the Department of Justice Civil Rights Division over a pattern of sexual assault against female prisoners by male prison guards. The suit was settled after the Arizona Department of Corrections agreed to make major changes to prison practices (“Arizona DOC Settlement Agreement Addresses Abuse of Female Inmates,” Corrections Professional, April 23, 1999).

After his stint at the DOC, Stewart went to work as a prison privatization consultant, starting his own firm, Advanced Correctional Management (ACM). ACM pushed prison privatization as early as 2003, only a year after Stewart’s departure from ADOC (The Associated Press, “Former Dept. of Corrections chief involved with firm bidding to build new prison,” August 9, 2003). Stewart was also supported a proposal to build a for-profit prison in Mexico for Arizona inmates of Mexican nationality that was eventually defeated, in part because of Mexican government opposition.

However, Stewart’s international prison work was not over. Stewart was a part of a team, including former MTC chief Lane McCotter, that set up the Iraqi prison system, including the Abu Ghraib facility that would later become synonymous with prisoner abuse. Senator Chuck Schumer called for an investigation into how Stewart won the job in Iraq given his “shocking record of tolerating prisoner abuse” while in Arizona. The charges were investigated by the Department of Justice, though officials failed to fault Stewart for directly abusing detainees in Iraqi prisons.

Despite the bad press, Stewart continues pushing prison projects. In addition to his current work for MTC, Stewart has also contributed at least $1,950 to a host of right-wing Arizona candidates and causes over the years, including pro-privatization and SB 1070 supporters like State Representative Andy Biggs, who we profiled last week, as well as State Senator Al Melvin and State Senator Sylvia Allen, who was quoted in the Arizona Republic (Bob Ortega, “Winslow mostly open to prison plan,” August 12, 2011) as saying, “”I personally will cry if my district doesn’t get part of these 5,000 beds.”


Criminalizing America to profit the few...

is it any wonder? The more these private prison companies take hold in Arizona, the more we'll be seeing crime perpetuated (what incentive do they have to help bring it down?), and the more laws we'll pass sending vulnerable people (homeless, mentally ill, developmentally disabled, addicts) to prison who could be rehabilitated in the community, by their communities.

Anyway, this is a report well worth checking out and forwarding to legislators - especially those from districts where prisons are being proposed.



--------from the Justice Policy Institute---------

Gaming the System: How the Political Strategies of Private Prison Companies Promote Ineffective Incarceration Policies


At a time when many policymakers are looking at criminal and juvenile justice reforms that would safely shrink the size of our prison population, the existence of private prison companies creates a countervailing interest in preserving the current approach to criminal justice and increasing the use of incarceration.

While private prison companies may try to present themselves as just meeting existing demand for prison beds and responding to current market conditions, in fact they have worked hard over the past decade to create markets for their product. As revenues of private prison companies have grown over the past decade, the companies have had more resources with which to build political power, and they have used this power to promote policies that lead to higher rates of incarceration.

For-profit private prison companies primarily use three strategies to influence policy: lobbying, direct campaign contributions, and building relationships, networks, and associations.

As policymakers and the public are increasingly coming to understand that incarceration is not only breaking the bank, but it’s also not making us safer, will this shrink the influence of private prison companies? Or will they use their growing financial muscle to consolidate and expand into even more areas of the justice system? Much will depend on the extent that people understand the role for-profit private prison companies have already played in raising incarceration rates and harming people and communities, and take steps to ensure that in the future, community safety and well-being, and not profits, drive our justice policies. One thing is certain: in this political game, the private prison industry will look out for their own interests.

Download

(PDF)Full Report
Press Release

Other Resources

Lobbying and campaign contribution figures: Center for Responsive Politics
Money in state politics: National Institute for Money in State Politics