Sunday, April 20, 2014

TDCJ Private Consultant's Report Contradicts Governor Perry's Letter to Justice Department

 
 
Seek And You Shall Find
 

Austin, Texas - In a letter obtained through an Open Records Act request by Austin criminal justice researcher / blogger Scott Henson, the Moss Group, which consulted with the Texas Department of Criminal Justice on prison rape, contradicts Governor Rick Perry's notion the Prison Rape Elimination Act (PREA) certification is "impossible" as stated in a letter the governor sent to the Justice Department on March 28th.
 
According to the Moss Group's report:
"The department and unit staff appeared receptive to the recommendations offered and seemed confident that the solutions proposed were reasonable and viable."
 
Liability
 
Even though the Prison Rape Elimination Act (PREA) does not come with any enforcement guidelines, aside from a five percent loss in Federal grants to the program, by not complying with the act the state is opening it's staff and itself up to liability claims by showing deliberate indifference, as found in the Supreme Court of the United States (SCOTUS) case Farmer v Brennam
 
The Moss Group report called for partial privacy dividers in shower areas and toilet areas of the prisons.  These dividers are already in place in prisons that house female inmates.  According to the AFSCME Texas Correctional Employees Huntsville Local President Lance Lowry, "the majority of prison female staff have made it clear they do not wish to view male inmate's genitalia.  By failing to install partial dividers in shower areas and strip search areas, Texas prisons are opening female staff to unnecessary liability claims such as voyeurism."
 
Lowry states "the Texas Department of Criminal Justice may face EEOC discrimination claims from female staff for sexual harassment, as male officers working on prison units housing female inmates are not forced to view genitalia.  Forcing female staff to perform strip searches or view male genitalia may violate Federal employment laws, when male officers are receiving differential treatment on prisons that house female prisoners.  Female officers clearly receive a great deal of sexual harassment on the job."
 
Governor Perry claims that abiding by the Prison Rape Elimination Act (PREA) will result in the state having to discriminate against females is "nonsense" according to Lowry.  Lowry states "the most prevalent form of employment discrimination is low pay and a disproportionate promotional system." 
 
Lowry is quick to point out that while the Texas Department of Criminal Justice has the largest number of female officers compared to other state law enforcement, but were not included in the 20 percent pay increase given last session to their male dominated counterparts in other state criminal justice agencies.  Texas Department of Criminal Justice officers only received 5 percent over a  two year period, despite having several thousand vacancies and having a large number of female officers compared to other state criminal justice agencies. 
 
Lowry states, "if Governor Perry wishes to look out for the interest of female correctional officers, he would have supported an equal pay raise for all state criminal justice officers and also signed the Lilly Ledbetter Act into state law, instead of vetoing the bill."  The Lilly Ledbetter Act would have required employers to pay females equal pay for performing the same work assignment as their male counterparts.   



8 comments:

  1. We are. Not allowed to strip male inmate . And nor do we want too. pat searching is what we are allowed . It serves its purpose for finding weapons and contraband.as far as males in the shower area pattions would be very much welcomed . I am proud. To serve the State of Texas. A pay raise of 20 percent would eliminate the shortage of officers.

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  2. Nobody wants to look at an inmates junk!!! Please cover it up. Perry could care less about TDCJ officers. TDCJ should install half doors on showers and half dividers around toilets.

    The agency needs to start treating females as equals. It doesn't take a rocket scientist to figure out females are discriminated against in TDCJ, just walk into a unit and look at how many male pictures are on the wall and few females are on the leadership wall.

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  3. Ladies it would not even matter if there is a divider or not those male offenders are going to do anything they can for you to see it and those inmates know there is nothing the State of Texas can do to punish them that is why they do it.

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  4. Yes it does matter!!!!! I don't need to be filed on for voyeurism because one of these JACK MONSTERS is sitting on a toilet showing me his JUNK and I write him a case. They should be forced to cover themselves up or face disciplinary. TDCJ has an obligation to protect their officers from sexual harassment, not encourage it by allowing these jack freaks a free pass to walk around showing their JUNK!!!!!! They don't allow the female inmates to do that, why are males inmates allowed to????

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  5. I spent a number of years in TDCJ-ID and was strip-searched more times than I could count by female officers. You put a bunch of men locked up together for years and expect them to behave "naturally" in the presence of females? Give me a break!! find you a decent job where you don't have to deal with it and quit whining.

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  6. These women TDC Guards are Lying, Yes, you do strip male Inmates, I too was in TDC and I cannot count how many times I was stripped but naked by a women guard, And about the Showers, Women guards stand there like perverts and Watch like they never seen a naked man before, Then when showers are over with, they go take a break in a private place to take care of themselves. If a Man is on the Toilet, why are you staring at him? Look the other way. Women guards are just as perverted as men, And on one unit I was on, Half the women guards on night shift were prostitutes. You get called out at 1 or 2 AM for Extra dudty, taken to laundry or a quit spot in the kitchen, She bends over, you do your business and go back to your cell.

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  7. Inmates are not zoo animals on display. It is shameful that society doesn't allow them to use a toilet in private.

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