April 8, 2008
Privatization Update: April 8, 2008
Privatization Update
March 31-April 6, 2008
Correctional Medical Services
April 1 - New Jersey has canceled its $85 million annual contract with CMS that has provided medical, dental and pharmaceutical services to state prisoners since New Jersey privatized its inmate health care system in 1996. The state Treasury Department notified CMS that it planned to replace it with the University of Medicine and Dentistry of New Jersey. CMS, whose contract expired, had sought a 4.73% increase to cover costs associated with caring for the 27,600 inmates in state prisons and an additional 14,000 inmates being held in county facilities until a state cell is available. The move ends a contentious 11-year relationship with CMS that was launched during the-Gov. Whitman's push to privatize government services. It comes months after the state auditor and the state inspector general issued separate reports critical of the company. Treasury spokesman Tom Vinz said the state believes the new arrangement will "improve both the bottom line as well as services."
April 5 - Fifteen current and former inmates at Young Correctional Institution filed a federal lawsuit alleging their medical care while behind bars was not only negligent but amounted to cruel and unusual punishment. In at least one incident in 2006, a CMS nurse used the same needle on multiple inmates, perhaps all 15, to draw blood and inject medicine, exposing all to blood-borne diseases including hepatitis C and possibly HIV/AIDS. At least three allege they have contracted hepatitis and possibly other illnesses since that incident.
Corrections Corporation of America
March 31 - Hawaii lawmakers have tentatively approved a bill ordering an audit of two CCA facilities in the wake of national media accounts alleging that the huge private prison company misrepresented statistical data to make it appear that CCA facilities had fewer violent acts and other problems than was actually the case. Hawaii pays CCA more than $50 million a year to house more than 2,000 men and women convicts in CCA prisons in Arizona and Kentucky. Senate Bill 2342 calls for the State Auditor to conduct performance audits of two of the three Mainland prisons that house Hawaii inmates, including reviews of food, medical, drug treatment, vocational and other services provided to Hawaii inmates. The audit also would scrutinize the way the state Department of Public Safety oversees the private prisons and enforces the terms of the state's contract with CCA. According to the bill, there has never been an audit of the private Mainland prisons that Hawaii has contracted with to house the state's inmates, despite the fact that deaths and serious injuries have occurred at several of the contract prisons on the Mainland. Time Magazine interviewed former CCA senior quality assurance manager Ronald T. Jones, who said CCA General Counsel Gus Puryear IV ordered staff to classify violent incidents such as inmate disturbances, escapes and sexual assaults as if they were less serious events to make the company performance appear to be better than it was. Jones said more detailed reports about the prison incidents were prepared for internal CCA use, and were not released to clients. CCA denied the allegations, which Time published as Puryear is being considered for a post as a federal judge.
April 2 - Five inmates at the privately run Marion County Jail II in Indiana filed a class-action lawsuit based on claims of improper medical treatment and access to medication, unsafe and inhumane conditions, and a broken grievance process. The suit names Corrections Corporation of America and Marion County Sheriff Frank Anderson, who oversees CCA's contract to run the jail. The medium-security jail, which houses 1,043 inmates, serves as an auxillary to the county-run Marion County Jail. Attorney Paul Ogden also filed a suit against CCA in January on claims of dangerous work conditions and racial discrimination against several black nurses. That suit also raised concerns about the handling of medications for inmates, with some given incorrect medication and some denied prescription drugs.
Cornell
March 31 - More than eight months after Immigration and Customs Enforcement officials removed 600 detainees from an Albuquerque, New Mexico jail, they say they won't house immigrants there again. The federal immigration agency says it has enough space elsewhere for detainees arrested. ICE was housing hundreds of detainees awaiting deportation at the Regional Correctional Center. That facility faced allegations by immigrant lawyers and criticism by a federal judge of sub-par conditions. Complaints included sweltering heat inside, frozen food and poor medical attention. After the agency yanked all of its inmates last summer, an ICE official said he had 'serious doubts' about the ability of Cornell to provide a safe environment for detainees. Cornell officials say they've worked hard to improve the facility and meet ICE's requirements. The company will continue looking for other customers for the 993-bed facility, which it leases from Bernalillo County. The U.S. Marshals Office currently houses detainees at the jail.
April 3 - Eight immigrant teenagers held at a facility for unaccompanied minors filed a federal lawsuit claiming they were abused and denied access to attorneys. The teens from Honduras, Guatemala, El Salvador and Cuba were being held at the San Antonio facility run by Cornell under a contract with the U.S. Office of Refugee Resettlement. Undocumented minors caught by authorities in the U.S. fall under the care of ORR while their immigration cases are decided. Susan Watson, an attorney for Texas Rio Grande Legal Aid, said the teens were beaten and subjected to other excessive force in violation of their constitutional rights. At least one teen was knocked unconscious, but complaints to facility administrators were ignored, according to the lawsuit. The allegations raised by the immigrant teens were not the first against Cornell. Arkansas fired Cornell from the operation of a juvenile facility in November 2006 after finding employees inappropriately injected youth with anti-psychotic medication to control behavior. An in September, Immigration and Customs Enforcement officials removed 600 detainees from an Albuquerque, New Mexico facility (this incident is addressed in the March 31 Cornell entry), citing failure to maintain safety, health and well-being standards there.
The GEO Group
April 1 - Texas officials want to know how a convicted felon escaped from a GEO Group owned jail. No one noticed he was gone for a full day, even though an eyewitness to the escape immediately told two GEO guards. The women who witnessed the escape said she was taken aback by the guard's lack of urgency. "He never asked me if he was white, Hispanic, African American. I described the clothing," she said. "All he asked was, 'Was he wearing tennis shoes?'" The Lone Star Fugitive Task Force was notified the following day of the escape and launched a massive manhunt for Esequiel Pena. Pena was being held in an 8-story level room at the GEO Group Holding Jail when he escaped. It is believed Pena squeezed through a fence and then made his way to a fire escape and disappeared. A concerned citizen spotted Pena at an apartment complex and called the Boerne Police Department. Pena was arrested without incident at the apartment complex.
Prison Health Services
April 3 - A registered nurse with the city prison system has been charged in a hit-and-run accident that killed a 15-year-old girl. Michelle Johnson, 40, was charged with manslaughter, homicide by vehicle and related offenses. Johnson, who has worked for PHS since 2006, struck Mary Otto. Otto had been walking on a median when Johnson allegedly ran a red light, hit Otto and kept driving. The teen was transported to an area hospital, but she died shortly after arriving. The next day, witnesses led police to a 2006 Toyota Sequoia, with considerable front-end damage, parked in the prison parking lot. Police seized the vehicle and later tied it to Johnson, who is not the owner of the vehicle. Johnson was suspended from her job.
