Category Archives: CCA

Missing: CCA Submission of Preliminary Specifications

Has CCA supplied a key document required by the contract? If not, is the contract still valid?

According to “SCHEDULE 1.6.2 DEVELOPMENT SCHEDULE” CCA was supposed to provide to VLCIA

Submission of Preliminary Specifications (Section 1.6.1)
No later than 6 months after receipt of the Survey
CCA did provide a Title Objection Letter 19 November 2010, and that was due “within 30 days of receipt of the Survey”. So these Preliminary Specifications were due about six months ago. Let’s see them!

If those specifications have not been received by VLCIA, maybe the contract with CCA is no longer valid.

Or maybe VLCIA already received the NTP and is moving on with implementing the project. Seems to me the community should be informed, one way or the other.

-jsq

How the Industrial Authority can stop the CCA private prison: no third extension by 13 March 2012

Apparently the Industrial Authority can end the contract for CCA’s private prison six weeks from now, by simply not doing anything until then.

CCA has already paid for two extensions on their Option Agreement for land purchase. The Second Extension Term was paid for in March 2010 and forwarded to the land owner. Here’s video of Col. Ricketts announcing it to the VLCIA board 15 March 2011. That second extension expires 13 March 2012, six weeks from today.

A Third Extension Term is possible, but has to be negotiated. Here’s what Purchase and Development Agreement of 17 August 201 says:

1.4.2.3. Third Extension Term. The Authority shall use commercially reasonable efforts to obtain an option for a third extension term of twelve (12) months (the “Third Extension Term“). In the event the Authority is able to obtain such extension option on terms and conditions such that any required earnest money to be paid by the Company in connection with the exercise of such extension option does not exceed $75,000, and there is no increase of the price of the Site or any other payments not already required by the Option Agreement, then the Authority shall enter into a written agreement (the “Third Extension Term“) with the Seller reflecting the terms and conditions of such extension option….
What happens if the Authority does not provide such an extension option? Continue reading

CCA and the problem with Industrial Authority confidentiality agreements

In the confidentiality agreeement CCA and VLCIA signed way back on 17 August 2009, I see nothing that says the Industrial Authority can’t talk about CCA in general terms. And I see a lot of things that a governmental entity by state law can’t hide if the public requests them. And that VLCIA has now revealed. Which means the Industrial Authority has violated that agreement because state law required it to. So what does that say about the validity of other contracts VLCIA has signed with CCA? And what does it say about the practice of this governmental entity signing confidentiality agreements?

That agreement includes this legal boilerplate:

it will use any confidential, proprietary, or trade secret information to which it has access solely for the purpose set forth herein and that it will indefinitely protect the confidentiality of such information and will not directly or indirectly disclose, reproduce, distribute, transmit or transfer by any means in any form any confidential documents, information and/or trade secrets that AUTHORITY may have or acquire during the Evaluation Period.
There’s nothing in there that says VLCIA can’t even say in their board meetings that Project Excel is a private prison for CCA. And outside board meetings, some board members have no reluctance to acknowledge that.

Confidentiality agreements like that are normal between two business entities. They seem a little odd between a business entity and a governmental agency. For example, that Agreement continues:

For purposes of this Agreement, “confidential, proprietary, or trade secret information” includes, but is not limited to, marketing materials, conceptual site drawings and images, form contract agreements, the identities of business contacts and the relationships developed with such contacts during the Evaluation Period, proposed terms of purchase and sale, if any….
Yet many of those things are by their nature public records that VLCIA is required to hand over in response to an open records request, such as the one Matt Flumerfelt made which produced documents such as these: Continue reading

Where is CCA’s private prison site in Lowndes County?

The private prison CCA wants to build in Lowndes County (what the Industrial Authority calls Project Excel) is proposed to be on the east side of Valdosta, at the southwest corner of U.S. 84 and Inner Perimeter Road:

That survey plat was included in EXCEL (CCA) Title-Survey Objections (Reno-Cavanaugh) of 19 November 2010. That’s one of a group of files returned by VLCIA in response to an open records request by Matt Flumerfelt.

We now have some idea of what the prison would look like, due to this plan: Continue reading

How to end the epidemic of incarceration

There are historical reasons for why we lock up so many people, some going back a century or more, and some starting in 1980 and 2001. Knowing what they are (and what they are not) lets us see what we can do to end the epidemic of incarceration that is damaging education and agriculture in Georgia.

Adam Gopnik wrote for the New Yorker dated 30 January 2012, The Caging of America: Why do we lock up so many people?

More than half of all black men without a high-school diploma go to prison at some time in their lives. Mass incarceration on a scale almost unexampled in human history is a fundamental fact of our country today—perhaps the fundamental fact, as slavery was the fundamental fact of 1850. In truth, there are more black men in the grip of the criminal-justice system—in prison, on probation, or on parole—than were in slavery then.
In Georgia, 1 in 13 of all adults is in jail, prison, probation, or parole: highest in the country (1 in 31 nationwide). Georgia is only number 4 in adults in prison, but we’re continuing to lock more people up, so we may get to number 1 on that, too.
Over all, there are now more people under “correctional supervision” in America—more than six million—than were in the Gulag Archipelago under Stalin at its height. That city of the confined and the controlled, Lockuptown, is now the second largest in the United States.

The accelerating rate of incarceration over the past few decades is just as startling as the number of people jailed: in 1980, there were about two hundred and twenty people incarcerated for every hundred thousand Americans; by 2010, the number had more than tripled, to seven hundred and thirty-one. No other country even approaches that. In the past two decades, the money that states spend on prisons has risen at six times the rate of spending on higher education.

And we can’t afford that, especially not when we’re cutting school budgets. That graph of education vs. incarceration spending is for California. Somebody should do a similar graph for Georgia.

The article does get into why we lock up so many people: Continue reading

Prisons as old age homes

Planning? Prisons aren’t for planning!

David Crary wrote for AP today,

In corrections systems nationwide, officials are grappling with decisions about geriatric units, hospices and medical parole as elderly inmates – with their high rates of illness and infirmity – make up an ever increasing share of the prison population.

At a time of tight state budgets, it’s a trend posing difficult dilemmas for policymakers. They must address soaring medical costs for these older inmates and ponder whether some can be safely released before their sentences expire.

The latest available figures from 2010 show that 8 percent of the prison population — 124,400 inmates — was 55 or older, compared to 3 percent in 1995, according to a report being released Friday by Human Rights Watch. This oldest segment grew at six times the rate of the overall prison population between 1995 and 2010, the report says.

“Prisons were never designed to be geriatric facilities,” said Jamie Fellner, a Human Rights Watch special adviser who wrote the report. “Yet U.S. corrections officials now operate old age homes behind bars.”

No, they were designed to be profit centers for prison profiteers.

Look at this sob story: Continue reading

Just as prohibition of alcohol failed… the war on drugs has failed —Richard Branson

Richard Branson wrote for the Telegraph yesterday, It’s time to end the failed war on drugs
Just as prohibition of alcohol failed in the United States in the 1920s, the war on drugs has failed globally. Over the past 50 years, more than $1 trillion has been spent fighting this battle, and all we have to show for it is increased drug use, overflowing jails, billions of pounds and dollars of taxpayers’ money wasted, and thriving crime syndicates. It is time for a new approach.

Too many of our leaders worldwide are ignoring policy reforms that could rapidly reduce violence and organised crime, cut down on theft, improve public health and reduce the use of illicit drugs. They are failing to act because the reforms that are needed centre on decriminalising drug use and treating it as a health problem. They are scared to take a stand that might seem “soft”.

But exploring ways to decriminalise drugs is anything but soft. It would free up crime-fighting resources to go after violent organised crime, and get more people the help they need to get off drugs. It’s time to get tough on misguided policies and end the war on drugs.

Branson isn’t just a billionaire speaking his mind, he was also on the Global Commission on Drug Policy that studied the problem and recommended last summer that we end prohibition.

Branson does bring his business experience to bear: Continue reading

Pop the drug war balloon: legalize and regulate the drug trade —Terry Nelson, LEAP

LTE in the WSJ, 21 January 2012:
The article illustrates what I learned over my 30-year career as a federal agent: Cracking down in one place doesn’t make drugs disappear, it only moves the trade elsewhere. This so-called “balloon effect,” combined with the insatiable demand for drugs across the globe, means that no level of law-enforcement skill or dedication can make a significant dent.

The only way to pop the proverbial balloon is to legalize and regulate the drug trade, which would eliminate the opportunity to make enormous black-market profits. It wasn’t easy for me to come to this revelation after dedicating so many years to enforcing drug laws, but it is common sense. Law-enforcement officers don’t have to chase gangsters selling booze from town to town because we ended the failed experiment of alcohol prohibition decades ago. It is time we do the same for other drugs.

Terry Nelson
Executive Board Member
Law Enforcement Against Prohibition
Granbury, Texas

And that will pop the incarceration bubble, as well, according to CCA’s own 2010 report to the SEC. -jsq

ACLU podcast against private prisons —Alex Friedmann

CCA inadvertently rehabilitated former prisoner Alex Friedmann and gave him a new career, lobbying against prison privatization. He says:
In my view, the worst thing is that they have normalized the notion of incarcerating people for profit. Basically commodifying people, seeing them as nothing more than a revenue stream….

If you incarcerate more people and you put more people in your private prisons you make more money. Which provides perverse incentives against reforming our justice system. And increasing the number of people we’re putting in prison, whether they need to be there or not, just to generate corporate profit. I think that’s incredibly immoral and unethical, I think that’s the worst aspect of our private prison industry.

This comes from the ACLU’s Prison Voices, Episode 1: Private Prisons: Continue reading

Prisoner call centers

Prisoners answering the telephone for your government? Yes, apparently.

M. Alex Johnson of msnbc.com and Bill Lambdin of WNYT-TV wrote yesterday for MSNBC, Inside the secret industry of inmate-staffed call centers,

When you call a company or government agency for help, there’s a good chance the person on the other end of the line is a prison inmate.

The federal government calls it “the best-kept secret in outsourcing” — providing inmates to staff call centers and other services in both the private and public sectors.

The U.S. government, through a 75-year-old program called Federal Prison Industries, makes about $750 million a year providing prison labor, federal records show. The great majority of those contracts are with other federal agencies for services as diverse as laundry, construction, data conversion and manufacture of emergency equipment.

We’ve heard of Prison Industries before. The Georgia prisoners who struck back in January 2011 work for Prison Industries, allegedly for no pay.
But the program also markets itself to businesses under a different name, Unicor, providing commercial market and product-related services. Unicor made about $10 million from “other agencies and customers” in the first six months of fiscal year 2011 (the most recent period for which official figures are available), according to an msnbc.com analysis of its sales records.

The Justice Department and the U.S. Bureau of Prisons don’t

Continue reading