Infrastructure So Shot, the UN Condemned TDCJ

By Lance Lowry (AFSCME Huntsville)

Huntsville, Texas - The Texas Department of Criminal Justice asked in their Legislative Appropriation Request (LAR) for 2016 and 2017 an additional $60 million in operating expenses for their aging infrastructure, that includes many facilities over 75 years old. 

 

Many infrastructural demands exist in TDCJ as a result of extremely old buildings, rushed construction in the 1990's, and prison units built as 20 year temporary structures.  Most of the sheet metal transfer facilities have outlived their 20 year life expectancy and state leadership has no plans to replace these structures.
 

 

TDCJ correctional officers and maintenance staff are overcome daily with maintenance problems rising out of the deteriorating conditions inside of Texas prisons that include busted sewer pipes, water outages, lack of proper lighting, broken security doors, broken ventilation systems, leaking roofs, clogged sinks, toilets not flushing, drafty buildings, and structural integrity issues. 

 

Maintenance deficiencies lead to health and safety concerns for TDCJ staff who are exposed to dangerous conditions such as exposure to black mold, raw sewage (containing hepatitis and other diseases), fall hazards, excessive noise from industrial fans (75-85dB), and extreme climate conditions. 

Most TDCJ prison buildings lack any type of sound insulation and the introduction of industrial fans due to the deaths from the 2007 heat wave have only compounded the problems.  Excessive noise and heat have made the Texas Department of Criminal Justice a living hell to work in.  Exposure to noise levels of 85 decibels or more for long periods of time can lead to hearing damage, according to the National Institute of Health.     

Conditions in the Texas Department of Criminal Justice have deteriorated to the point the United Nations Committee Against Torture condemned the agency for its deficiencies concerning temperature, insufficient ventilation and humidity.   Unfortunately fans do little to relieve high humidity levels in prisons that are ripe with showers, toilets, sinks, and drains that only add to the humid conditions. 

Officers get little relief from the heat while being forced to wear stab resistant Kevlar vest, which offer no breathing room for hot climate conditions.  Even more concerning is the fact the Texas Department of Criminal Justice workforce is aging with over 1,992 correctional officers over the age of 60, according to staffing numbers from the Texas Auditor's Office for fiscal year 2015.  The agency requires no occupational physical examination prior to hiring applicants and only requires a physical agility test which is not administered by a licensed physician.  It comes with little surprise that on October 27, 2015 John Teel, a 44 year old TDCJ cadet, died while warming up for physical activity during his academy training in Amarillo.  Unfortunately this is not the first time a training death has occurred in TDCJ from physical activity.  Proper medical screening by a licensed physician needs to be required for new applicants prior to employment. 

Problems with Financing

Texas is far from being broke or lacking financial resources.  One major problem with state financing is they lack an internal mechanism for funding long term expenditures.  The Texas Constitution requires all appropriations to be paid for up front.  Texas, unlike the Federal Government, is known as a "pay as you go" state.  In order to finance any type of debt the voters must approve a constitutional amendment during a proposition election.  This leaves very little money left in the state's General Revenue Fund to pay for capital expenditures, such as buildings and cars. 

 

 

 

 

Lack of capital revenue explains why TDCJ has facilities that are now historical structures and vehicles with over 500,000 miles.  While no one in their right mind would spend $14,000 repairing a vehicle every two years, when a new vehicle would cost $20,000, TDCJ happily does it to appease the budget writers who are forced to balance the budget every two years. 

Solution

Budget writers need to look where money is available and methods for reducing unnecessary cost.  The price of incarceration is on the rise.  Texas needs to look for better solutions on reducing the number of people locked up.  Currently TDCJ operates the largest state prison system in the nation and if Texas were its own country we would have the largest per capita prison population in the world.   

Texas currently has a large pile of cash in retirement systems which is invested in everything from real estate to the stock market.  Public employees rely on secure investments and could gain from the retirement systems building newer prisons on TDCJ property that could be leased back to TDCJ for a secure profit.  Section 2167.051 of the Texas Government Code allows the state's retirement systems to lease commercial space to state agencies. 

 

 

Most System I facilities (Beto, Byrd, Central (TDCJ removed all offenders from the Central Unit in August 2011), Clemens, Coffield, Crain, Darrington, Eastham, Ellis, Estelle, Ferguson, Goree, Hilltop, Huntsville, Jester III, Luther, Mountain View, Pack, Powledge, Ramsey, Scott, Stringfellow, Terrell, Vance, and Wynne) are in need of serious maintenance.  These units are great candidates to be mothballed and replaced with smaller units since TDCJ can't find adequate staff to safely operate them.   

 

The transfer style facilities (Cotulla, Duncan, Ft. Stockton, Garza East, Garza West, Goodman, Gurney, Hamilton, Holliday, LeBlanc, Marlin, Middleton, C. Moore, Rudd, San Saba, Segovia, Tulia, and Ware) were built as temporary structures and have surpassed their life expectancy of 20 years.

Source: Texas Legislative Budget Board Uniform Cost Report 2015, Page 4.

Data indicates TDCJ is wasting substantial money on the System I (Pre-1987 Facilities), which have designs that require more staffing and have greater maintenance issues.  More energy efficient climate controlled facilities could replace these facilities with a cost savings.  Current data indicates the cost savings between a 1,000  Prototype prison and the older System I prisons is a daily cost of $7.83 per offender.  This translates into a cost savings of $234,008,946 per biennium if TDCJ were to build smaller more modern energy efficient replacement facilities that would have modern day climate control.  This savings is enough money to pay for the principal on the estimated $3.5 billion replacement cost for 40,940 beds. 

 

 

 

Here is a list of TDCJ prison units and there age:

Unit Name		City	Type of Unit	Year Built	Unit Age		Capacity
Allred		Iowa Park	Prison	1995	20		3,682
Beto		Tennessee Colony	Prison	1980	35		3,471
Boyd		Teague	Prison	1992	23		1,330
Briscoe		Dilley	Prison	1992	23		1,342
Byrd		Huntsville	Prison	1964	51		1,365
Central (Closed)		Sugarland	Prison	1909	106		Offline
Clemens		Brazoria	Prison	1902	113		1,215
Clements		Amarillo	Prison	1990	25		3,714
Coffield		Tennessee Colony	Prison	1965	50		4,139
Cole		Bonham	State Jail	1995	20		900
Connally		Kenedy	Prison	1995	20		2,848
Cotulla		Cotulla	Transfer	1992	23		606
Dalhart		Dalhart	Prison	1995	20		1,356
Daniel		Snyder	Prison	1989	26		1,342
Darrington		Rosharon	Prison	1919	96		1,931
Dominguez		San Antonio	State Jail	1995	20		2,276
Duncan		Diboll	Transfer	1990	25		606
Eastham		Lovelady	Prison	1917	98		2,474
Ellis		Huntsville	Prison	1965	50		2,404
Estelle		Huntsville	Prison	1984	31		3,273
Ferguson		Midway	Prison	1962	53		2,421
Formby		Plainview	State Jail	1996	19		1,100
Fort Stockton		Fort Stockton	Transfer	1990	25		606
Garza East		Beeville	Transfer	1994	21		2,458
Garza West		Beeville	Transfer	1994	21		2,278
Gatesville		Gatesville	Prison	1914	101		2,115
Gist		Beaumont	State Jail	1994	21		2,276
Glossbrenner		San Diego	SAFP	1995	20		612
Goodman		Jasper	Transfer	1995	20		612
Goree		Huntsville	Prison	1909	106		1,321
Gurney		Tennessee Colony	Transfer	1993	22		2,128
Halbert		Burnet	SAFP	1995	20		612
Hamilton		Bryan	Pre-Release	1995	20		1,166
Havins		Brownwood	State Jail	1994	21		596
Henley		Dayton	State Jail	1995	20		576
Hightower		Dayton	Prison	1990	25		1,342
Hilltop		Gatesville	Prison	1888	127		677
Hobby		Marlin	Prison	1989	26		1,342
Hodge		Rusk	MROP	1995	20		989
Holliday		Huntsville	Transfer	1994	21		2,128
Hospital Galveston		Galveston	Medical	1983	32		0
Hughes		Gatesville	Prison	1990	25		2,900
Huntsville		Huntsville	Prison	1849	166		1,705
Hutchins		Dallas	State Jail	1995	20		2,276
Jester I		Richmond	SAFP	1885	130		323
Jester III		Richmond	Prison	1982	33		1,131
Jester IV		Richmond	Psychiatric	1993	22		550
Johnston		Winnsboro	SAFP	1995	20		612
Jordan		Pampa	Prison	1992	23		1,008
Kegans		Houston	State Jail	1997	18		667
LeBlanc		Beaumont	Pre-Release	1995	20		1,224
Lewis		Woodville	Prison	1990	25		2,190
Lopez		Edinburg	State Jail	1997	18		1,100
Luther		Navasota	Prison	1982	33		1,316
Lychner		Humble	State Jail	1995	20		2,276
Lynaugh		Fort Stockton	Prison	1994	21		1,374
McConnell		Beeville	Prison	1992	23		2,900
Michael		Tennessee Colony	Prison	1987	28		3,221
Middleton		Abilene	Transfer	1994	21		2,128
Montford		Lubbock	Psychiatric	1994	21		950
Moore, C.		Bonham	Transfer	1995	20		1,224
Mt. View		Gatesville	Prison	1962	53		645
Murray		Gatesville	Prison	1995	20		1,313
Neal		Amarillo	Prison	1995	20		1,690
Ney		Hondo	State Jail	1995	20		576
Pack		Navasota	Prison	1982	33		1,478
Plane		Dayton	State Jail	1995	20		2,276
Polunsky		Livingston	Prison	1993	22		2,900
Powledge		Palestine	Prison	1982	33		1,137
Ramsey I		Rosharon	Prison	1908	107		1,891
Roach		Childress	Prison	1991	24		1,842
Robertson		Abilene	Prison	1992	23		2,900
Rudd		Brownfield	Transfer	1995	20		612
Sanchez		El Paso	State Jail	1996	19		1,100
Sayle		Breckenridge	SAFP	1994	21		632
Scott		Angleton	Prison	1919	96		1,130
Segovia		Edinburg	Pre-Release	1995	20		1,224
Skyview		Rusk	Psychiatric	1988	27		528
Smith		Lamesa	Prison	1992	23		2,125
Stevenson		Cuero	Prison	1994	21		1,342
Stiles		Beaumont	Prison	1993	22		2,897
Stringfellow		Rosharon	Prison	1908	107		1,212
Telford		New Boston	Prison	1995	20		2,832
Terrell, C.T.		Rosharon	Prison	1983	32		1,603
Torres		Hondo	Prison	1993	22		1,342
Travis Co.		Austin	State Jail	1997	18		1,161
Tulia		Tulia	Transfer	1990	25		606
Vance		Richmond	Prison	1885	130		378
Wallace		Colorado City	Prison	1994	21		1,502
Ware		Colorado City	Transfer	1997	18		916
Wheeler		Plainview	State Jail	1995	20		576
Woodman		Gatesville	State Jail	1995	20		900
Wynne		Huntsville	Prison	1883	132		2,621
Young		Dickenson	Medical	1996	19		310



TDCJ Pay Raise Announced 8%

May 20, 2015

Austin, Texas - Tonight the Texas Legislature Conference Committee approved an 8% pay raise for all TDCJ Correctional Officers and Parole Officers.  This pay increase would be effective on September 1, 2015 if approved by the full House, Senate, and Governor.

The $188,000,218 fiscal pay and benefit increase in the General Appropriations Bill will go to the Texas House and the Texas Senate for approval this next week.  The committee's recommendation will most likely be approved by the full legislature.

Currently the Texas Department of Criminal Justice is over 3,700 correctional officers short statewide.  AFSCME Texas Correctional Employees asked for the state legislature to bring state correctional officers up to a competitive salary compatible with the five largest Texas County correctional departments.

 

Lance Lowry President of the Huntsville AFSCME Texas Correctional Employees stated "the pay raise is the largest seen and is a move in the right direction to address staffing issues.  The union's members have fought hard and need to stay organized in the future to address salary shortfall issues.  Organized employees are able to address salary issues, unlike many unorganized public employees who were over looked this session."

Projected Pay Increase in for September 1, 2015

	Current
CO II	$2,577.64	$2,783.85
CO III	$2,727.95	$2,946.19
CO III	$2,883.34	$3,114.01
CO IV	$2,966.82	$3,204.17
CO IV	$3,052.28	$3,296.46
CO IV	$3,144.33	$3,396.42
CO V	$3,240.70	$3,499.96

See listing of fiscal approved item in the Legislative Budget Board Report:
http://www.lbb.state.tx.us/Documents/Appropriations_Bills/84/Final/Article05_IssueDoc_05-20-2015_04_20_08_PM.pdf



 

Texas Senate Republicans Attack TDCJ Employee's Pay and Right to Organize

Today SB 1968 by Senator Joan Huffman passed the Texas Senate in an attempt to limit public employees voice in Austin.  State employees and correctional officers are already limited in organizing in a right to work state.  Senator Huffman's Finance workgroup committee only approved a 2.5% raise in 2016 for TDCJ officers despite the agency having over 3,600 vacancies. 

Senator Huffman represents a district that ranges from Sugarland to Angleton, where numerous TDCJ prisons are located.  Correctional officers and teachers could prove to be a major threat to Senator Huffman during a contested primary. 

SB 1968 may be an attempt to limit public employees activities while Senate Republicans plan future attacks against public employees such as raiding pension funds and cutting insurance benefits which has been seen in other states.   

SB 1968 Denies Economic Freedom to Public Employees

SB 1968 by Huffman is an unwarranted intrusion into the personal economic freedom of public employees. The bill would take away the ability of teachers, engineers, child protection workers, correctional officers, custodians, clerks and other public employees to make voluntary payments from their earnings via safe and secure payroll dues deduction to the labor, employee, or professional organization of their choice. We oppose SB 1968 for the following reasons:

• Payroll deduction is entirely voluntary: Every state and local employee in Texas who chooses to steer a portion of earnings to pay for representation by a labor, employee, or professional organization has done so voluntarily. Public employees in Texas do not have collective bargaining nor is there any mandatory union membership.
• No expense to taxpayers: No state or local funds are required to operate the payroll deduction system. State law explicitly provides that the organization receiving dues is responsible for any administrative costs incurred in processing the deduction. (See, for example, Texas Education Code Section 22.001.)
• Safety and security for employees: Payroll deduction provides a safe and secure means of making payments in timely fashion. The payroll deduction system removes virtually all risk of ID theft and credit card fraud.
• Local authority: SB 1968 curtails the right of local governments to accommodate employee choices for payroll deductions. That right promotes collaboration between employees and local governments.
• State should not pick winners and losers: The state should not endorse or oppose particular viewpoints or organizations through its payroll deduction policies. The state allows literally hundreds of organizations with widely varying views to receive voluntary deductions from state employee paychecks.
• Discrimination among employees without reason: SB 1968 improperly establishes a hierarchy of public employees in which some are deemed worthy of payroll deduction while others are not. All job categories are entitled to respect and the discrimination among categories of employees in this bill has no rational basis.
• Dues cannot be used for political expenditures. Under the Election Code, employee organizations may not use dues dollars for political contributions. Such contributions require formation of a political action committee. All income and expenditures from a PAC must be reported in compliance with state law. 

Texas Prison Population Expected to Rise Unless Changes Are Made

By Staff Reporter

Austin, Texas

 

   The Texas Department of Criminal Justice prison population is expected to rise to capacity by 2020 according to the latest forecast by the Texas Legislative Budget Board (LBB).  According to the report Overview of Adult Correctional Population by the LBB, Texas prisons are expected to only have 50 beds remaining by 2020 with increases in the projected offender population.

 

Year  / Population / Capacity / Difference /Percent

2015 - 150,476      /  152,760 /   2,284       / 1.5%

2016 - 151,306      /  152,760 /   1,454       / 1.0%

2017 - 151,550      /  152,760 /   1,210       / 0.8%

2018 - 152,025      /  152,760 /      735       / 0.5%

2019 - 152,413      /  152,760 /      347       / 0.2%

2020 - 152,710      /  152,760 /        50       / 0.0%

____________________

Adult Populations Rearrest / Incarceration/Reincarceration

 

Prison      46.5% / 21.4%

State Jail  62.0% /  30.7%

Substance Abuse Felony Punishment Facility

                 44.7% /  44.1%

In-Prison Therapeutic Community

                 48.1% /  23.1%

Intermediate Sanction Facility

                 57.5% /  36.5%

___________________________

Fiscal Year 2014 Revocation Rates

Felony Direct Community Supervision 15.6 %

Parole 6.5 %

___________________________

 

  Several bills have been filed to address the projected increase and if passed are expected to lower the projected prison population within manageable levels.  Texas HB 3326 and HB 1546 are expected to reduce the offender populations if passed in the Texas Legislature.  HB 1546 would reduce TDCJ's offender population by 1,770 and save over $81,000,000 during the next biennium.  HB 3326 would save over $163,843,697 during the 2016-2017 biennium.  These funds could be used to increase the salaries of correctional officers to address the 3,500 vacancies in the Texas Department of Criminal Justice.

   Currently if Texas were its our country, the state would have more people incarcerated per capita than any other country in the world.  Currently probation and parole revocation rates are lower than recidivism rates from incarceration. 

   HB 1546 passed out of the House Corrections Committee last week and HB 3326 will be heard in the House Criminal Jurisprudence Committee today.


See written testimony by AFSCME Local 3807 President before the House Criminal Jurisprudence:
 http://www.tdcjunion.com/research/HB3326Flyer.pdf