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

 

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.

 

 

 

 

 

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

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





 

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 6^th 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:

 

Copy of the Christopher Epps / Cecil McCrory Federal Indictment

 

Copy of FBI Press Release

 

US Justice Department Press Briefing

 

 

 

 

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.