Wednesday, April 8, 2015

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

 

Friday, February 20, 2015

Correctional Employee Pay Raises Pushed at Appropriation Committee Meeting




Austin, Texas - Yesterday during the Texas Legislature Appropriations Select Committee on Article V Criminal Justice funding, members of the committee heard from agency directors and union officials about the need for a markup on the existing legislative budget to cover correctional employee raises. 
 
The committee heard from the Texas Department of Criminal Justice Agency Director Brad Livingston who recommended a 10% pay raise markup for agency correctional officers and parole officers.  Huntsville AFSCME Local 3807 President Lance Lowry testified about the need to increase correctional officer and employee longevity by expanding the career ladder.  Lowry cited the fact early retirement and high employee turnover are contributing to the depletion of the Employees Retirement System (ERS) fund.
 
Currently the Employees Retirement System (ERS) is experiencing a $7.5 billion shortfall and will run out of money in 2063 unless changes are made.  Several factors have lead to the fund becoming actuarially unsound including the state failing to contribute their constitutionally required amount to insure actuarially sound contributions.  The Texas State Auditors Office found the Texas Legislature failed to contribute an actuarial sound contribution 19 out the last 20 years resulting in the retirement funds problems.  Other practices such as early retirements and lowering the number of employees contributed to the funds insolvency. 
 
The committee was presented with data from the AFSCME Texas Correctional Employees Union comparing the substantial difference in pay between the five largest Texas county correctional departments pay and the Texas Department of Criminal Justice.  On average the five largest county correctional departments in Texas make over $4,497.
 
 
AFSCME Texas political action Director Joe Hamill testified before the committee that Texas correctional employee assaults were occurring at a higher rate compared to other states and that staffing shortages may be blamed for the higher occurring incidents.  AFSCME is asking for a 15% increase in correctional employee salaries and expanding the correctional officer career ladder.
 
 
 
 
 

Thursday, January 29, 2015

NTSB Releases Preliminary Report on TDCJ Penwell Bus Crash, Damaged Guard Rail Possibly at Fault

January 29, 2015

By Staff Reporter
Penwell, Texas

According to a National Transportation Safety Board (NTSB) report released today a displaced guard rail and icy conditions maybe to blame for the Texas Department of Criminal Justice bus accident in Penwell, Texas that left 10 people dead.  The report states:

"Early on the morning of January 14, three additional crashes, attributed to icy road conditions, occurred, with the last crash taking place about 7:35 a.m.  In two of these crashes, an eastbound vehicle went out of control, crossed the center median, and traveled through the area of the previously damaged guardrail—possibly displacing it partially into the left traffic lane.  A witness in a vehicle traveling forward of the bus reported that moments before the bus reached the overpass the guardrail wreckage was about 2 feet into the travel lane."




"The bus struck the guardrail, veered to the left, and overrode the guardrail wreckage in the median. The bus traveled about 22 feet across the earthen median into an opening between the eastbound and westbound traffic lanes of I-20. The bus encountered a 21-foot embankment and became airborne. The bus struck the base of the embankment and continued forward toward the railroad tracks, where it impacted the fifty-fourth rail car and side of a piggy-back trailer of the UP train."
The sole surviving officer from the accident, Jason Self, was released from University Medical Center in Lubbock yesterday and was moved to a rehabilitation center.  Officer Self received a fractured second vertebrae in his neck and a broken arm as a result of the accident. 

Officer Christopher Davis, age 53 and Officer Eligio Garcia, age 45, were killed in the accident.  Eight prisoners were also killed in the accident 22-year-old Kaleb Wise, 25-year-old Michael Stewart, 34-year-old Byron Wilson, 29-year-old Tyler Townsend, 44-year-old Jesus Reyna, 35-year-old Jeremiah Rodriguez , 31-year-old Angel Vasquez and 32-year-old Adolfo Ruiz .

A more detailed report will be released once the investigation is completed by the NTSB.

See Copy of NTSB's Preliminary Report




Sunday, November 30, 2014

United Nations Committee Against Torture Issues Statement on TDCJ & US Prison Heat Deaths


November 29, 2014

GENEVA -  The United Nations 53rd Committee Against Torture (CAT) concluded their review of human rights complaints from their session that began on November 3rd and ended on November 28th.  During their session the committee heard evidence of several deaths occurring in Texas prisons, including a report from the University of Texas Law School's Human Rights Clinic. 

In their report the UN Committee cited the following concerns:

The Committee urges the State party to investigate promptly, thoroughly and impartially all deaths of detainees, assessing the health care received by inmates as well as any possible liability of prison personnel, and provide, where appropriate, adequate compensation to the families of the victims.
The State party should adopt urgent measures to remedy any deficiencies concerning the temperature, insufficient ventilation and humidity levels in prison cells, including death row facilities.

At this time several lawsuits are currently awaiting trial, including a heat litigation injunction case which is under appeal in the 5th Circuit Court of Appeals in New Orleans which may determine the outcome of other heat cases seeking injunctive relief. 
 
The UN Committee expressed further concern over states not certifying as being compliant with the Prison Rape Elimination Act (PREA).  In their report the UN Panel stated:
The Committee is seriously concerned at the widespread prevalence of sexual violence, including rape, in prisons, jails and other places of detention by staff and by other inmates. It also notes with concern the disproportionally high rates of sexual violence faced by children in adult facilities, as well as the higher rates of sexual victimization reported by inmates with a history of mental health problems and LGBTI individuals. While welcoming the promulgation in 2012 of the National Standards to Prevent, Detect, and Respond to Prison Rape under the Prison Rape Elimination Act (PREA), the Committee is concerned by reports that their implementation at the state level continues to be a substantial challenge.  In this context, the Committee notes with concern that six states have not certified that they are in full compliance with PREA standards, and several agencies operating federal confinement facilities are still in the process of issuing their own PREA regulations.
 The panel cited the following recommendations be implemented:

The State party to increase its efforts to prevent and combat violence in prisons and places of detention, including sexual violence by law enforcement and penitentiary personnel and by other inmates. In particular, the State party should:  
(a) Ensure that PREA standards or similar standards are adopted and implemented by all states, and that all federal agencies and departments operating confinement facilities propose and publish regulations that apply PREA standards to all detention facilities under their jurisdiction;  
(b) Promote effective and independent mechanisms for receiving and handling complaints of prison violence, including sexual violence;  
(c) Ensure that any and all reports of prison violence, including sexual violence, are investigated promptly and impartially and that the alleged perpetrators are prosecuted;  
(d) Ensure the use of same-sex guards in contexts where the detainee is vulnerable to attack, in scenarios that involve close personal contact or that involve the privacy of the detainee;  
(e) Provide specialized training to prison staff on prevention of sexual violence; 11  
(g) Develop strategies for reducing violence among inmates. Monitor and document incidents of violence in prisons with a view to revealing the root causes and designing appropriate prevention strategies;  
(h) Authorize monitoring activities by non-governmental organizations;  
(i) Amend sections 1997 e(a) and (e) of the Prison Litigation Reform Act;  
(j) Revise the practice of shackling of incarcerated pregnant women, bearing in mind that the regime of the prison shall be flexible enough to respond to the needs of pregnant women, nursing mothers and women with children (see the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules, as adopted by the General Assembly in its resolution 65/229 of 21 December 2010, Rule 42.2).
Only 6 states have refused to comply to certifying as PREA compliant, these states are Texas, Arizona, Florida, Idaho, Indiana, and Utah.  Their failure to certify has brought on international pressures and scrutiny. 

The United Nations expressed concerns about the Prison Litigation Reform Act (PLRA) impacting a prisoners right to bring lawsuits.  The Federal tort reform law was passed in 1997 after several states, including Texas lobbied for the bill. 

The Prison Litigation Reform Act was designed to limit Federal court oversight such as in the case of Ruiz v Estelle where Federal Court Judge William Wayne Justice placed the Texas Department of Criminal Justice under Federal court oversight. 
 
 
See Report by University of Texas Human Rights Clinic

See Report by the United Nations Committee Against Torture

See the 5TH Circuit Amicus Brief filed by AFSCME Local 3807

See New York Times Article November 29, 2014. Section A5

United Nations Committee Documents





 

Saturday, November 29, 2014

Corruption Beyond Correcting - The Fall of the American Correctional Association President

 (Photo Courtesy of the Mississippi Department of Corrections)
 

By Lance Lowry


Jackson, MS - This summer in a quiet room of a Federal court house in Jackson, Mississippi a grand jury deliberated on a 49 count indictment of public corruption, bribery, money laundering, and conspiracy that may bring the heart of the private prison industrial complex down.

Under grand jury investigation were Christopher Epps, a national director for the Correctional Peace Officers Foundation (CPOF), president of the American Correctional Association (ACA), and the longest serving commissioner of the Mississippi Department of Corrections (MDOC).  Another co-conspirator Cecil McCrory, a former Mississippi state representative, former justice board judge, and Rankin County School Board chairman was also being investigated.  McCrory worked as a paid consultant for many well known private prison groups such as The Geo Group, Cornell Corrections Inc, Management & Training Corporation (MTC), and Wexford Health Services.

Christopher Epps and Cecil McCrory were arraigned on November 6th before U.S. Magistrate Judge F. Keith Ball on a 49-count indictment returned by a federal grand jury in August. Christopher Epps was accused of receiving almost a million dollars in kickbacks from Cecil McCrory since 2007 by awarding almost a billion dollars worth of no bid contracts to McCrory and his private prison corporation clients.   McCrory is alleged to have made payments on Epps home, gave Epps numerous cashier checks under $10,000, and made payments on Epps condominium in Biloxi, Mississippi.

Donald Alway, special agent in charge of the Jackson FBI office, speaking about the Epps indictment stated during a press conference, “the investigation of corruption by public officials is extremely difficult due to its sensitive nature.  The FBI's role as a criminal investigative agency places public corruption as its number one priority in criminal enforcement. Public corruption is often the result of whispered conversations sealed with handshake deals, so therefore its very hard to prove.”  Agent Alway encouraged people with knowledge of public corruption to step forward with information.

While Epps and McCrory received almost a million dollars a piece from this contract scheme, the real benefactors are large private prison management groups such as Management Training Corporation (MTC) who received almost a billion dollars in benefits from these contracts. In a statement released to the media, Management Training Corporation (MTC) stated, “We deeply regret that in this case we didn't have any idea that improprieties may have taken place, especially in light of the significant allegations in the indictment.”

Mississippi State Auditor Stacey Pickering said, “It is a very sad day in Mississippi when two men with a history of public service are charged with blatantly committing crimes to increase their personal fortunes.  They are accused of deliberately violating public trust while serving in positions of leadership.”
 
 
Resources:
 
 
 
 
 
 
 
FULL STATEMENT FROM MTC:

We're saddened, surprised and disappointed by the allegations against former Commissioner Chris Epps. MTC was hired in 2012 to operate three prisons for the state after a competitive procurement process where multiple companies were invited to tour facilities and submit bids. MTC was brought in with the primary objective of improving the overall operations of these facilities. In 2013, we submitted a proposal to operate a fourth prison for the state during an open and competitive procurement (RFP 13-005) with the same mission.

MTC worked very closely with Mr. Epps over the last two years in implementing changes to these facilities that would improve security and the treatment of offenders. He was very involved in the management of our four contracts. He knew of the challenges we faced and was working closely with us to overcome them. In partnership with the state and with their support, MTC has made significant improvements at all four facilities and continues to make great strides.

Soon after being awarded the contracts in 2012, Mr. Epps recommended MTC work with Cecil McCrory to provide services within the state of Mississippi. Mr. Epps also made us aware of the fee McCrory had charged in the past to other contractors. MTC hired Mr. McCrory as a consultant because of his many years of experience working in the state. Mr. McCrory had been working with the previous prison contractor and other vendors so MTC felt his services would be beneficial given his knowledge and experience. MTC paid Mr. McCrory $12,000 per month for his work, after Mr. Epps told us that is what others had been paying him. MTC hires consultants in every state where we provide services to the state. Mr. McCrory's services included working with counties to explore possible business opportunities, coordinating with local and state officials to strengthen MTC's relationship within the state, and networking at various industry conferences. He worked at length to investigate a potential bid for a federal corrections contract in Mississippi. At no time did Mr. Epps instruct or mandate MTC to hire Mr. McCrory. In light of the indictment, MTC cancelled its contract with Mr. McCrory last week.

Each month, MTC received an invoice from Mr. McCrory and paid it in full just as we would any other invoice. MTC was not aware of any alleged inappropriate relationships between Mr. Epps and Mr. McCrory or that Mr. Epps was allegedly a participant in any way in the contract with McCrory.

We fully support the government's investigation to learn what happened and to take appropriate action. We also believe the state of Mississippi made the right decision in reviewing all current corrections contracts including suspending the procurement process for the four private prison contracts which we hold. The integrity of contracting is of paramount importance to the state as well as to MTC. All MTC employees are required to take ethics training and are held to the highest standards of ethical conduct. We deeply regret that in this case we didn't have any idea that improprieties may have taken place, especially in light of the significant allegations in the indictment.








 

Wednesday, October 15, 2014

Lubbock Avalanche Investigates In Custody Deaths in Underfunded Prisons



October 15, 2014

Lubbock, Texas  - Today the Lubbock Avalanche News released a report showing a high number of in custody deaths in Lubbock County and at the Texas Department of Criminal Justice's Montford Unit. 
 
According to the news report, the Texas Department of Criminal Justice (TDCJ) had over 61 inmate deaths between 2005 and October 2014 in Lubbock County alone.  The Montford Unit is the only TDCJ prison facility located in Lubbock County and is a psychiatric treatment facility for TDCJ inmates. 
 
Since 2005 the Texas Department of Criminal Justice had over 1,821 in custody deaths according to a report from the Texas Attorney Generals Office.  For a complete listing of all TDCJ inmate deaths from January 1, 2005 to October 14, 2014 CLICK HERE.
 
According to the Lubbock Avalanche News more than 3,700 inmates died in Texas jails and prisons since 2005.  There are growing concerns about proper prison funding and training of staff when it comes to caring for the mentally disabled.  AFSCME Texas Correctional Employees is pushing for increased pre-service training of correctional staff to include over 40 hours of mental health training. 

Currently Texas correctional officers receive 200 hours of pre-service training and only 1 hour 45 minutes of that training is for managing the mentally disabled.  In 2012 the Texas Department of Criminal Justice had over 36 reported suicides according to a report from TDCJ's Emergency Action Center. 

The Texas Department of Criminal Justice correctional officers are lacking proper training according to a  new study completed by AFSCME Texas Correctional Employees, which shows TDCJ officers receive 73 hours less training compared to the national average for state correctional officers. 

With the current mental health trends and the agency lacking proper mental health training, Federal litigation is expected to be brought against the Texas Department of Criminal Justice.   

 
 




 

Van Catches Fire on the Hilltop Prison Unit

 

October 15, 2014

Gatesville - A Texas Department of Criminal Justice (TDCJ) van caught fire today around 1:30 PM at the Hilltop prison unit in Gatesville.  A passerby captured the incident on video.  At the time of the fire, no inmates were on board the vehicle.  No injuries are being reported at this time.  The van was a total loss as flames quickly spread throughout the vehicle. 
 
With an aging vehicle fleet, the State of Texas continues to prolong the replacement of equipment and facilities, even though its more costly to maintain in the long run.  State budget writers mostly plan for two year budgets where the least amount of money is spent, even though replacement of aging vehicles would be more cost efficient for taxpayers in the long run. 
 
Currently the Texas Department of Criminal Justice vehicle fleet consist of approximately 2,200 vehicles.  The vehicle replacement budget requested for the 2016-2017 fiscal year was reduced to $6,906,785 from $11,040,894 in 2014.  (See Legislative Appropriation Request LAR 2016-2017)

The agency's conservative replacement criteria for vehicles include:
 
-Diesel truck tractors 10 yr / 500,000 miles

-Diesel buses 10 yr / 300,000 miles

-Passenger vans/vehicles 5 yr / 100,000 miles

This replacement criteria is hardly ever used and state employees are subjected to driving dangerous vehicles that have hundreds of thousands of miles on them.