Tag Archives: Incarceration

Sentence reform in Georgia?

AP wrote 22 April 2011, Deal signs measure creating sentence reform panel:
Gov. Nathan Deal signed legislation Friday [House Bill 265] that would create a panel to study Georgia’s criminal justice system with an eye toward overhauling the state’s tough sentencing laws.

The laws have left the state with overcrowded prisons and taxpayers with an annual corrections bill that tops $1 million.

The legislation creates a 13-member commission that would study sentencing reforms in hopes of offering alternative sentences for some drug addicts and other nonviolent offenders. The panel would have to report its findings by early 2012, in time for lawmakers to act on them in the next legislative session.

That annual bill has to be more than $1 million; maybe $1 billion.

Anyway, Georgia seems to be discovering what Texas already did some years ago: we can’t afford to lock up so many people.

The high incarceration rate comes with high costs. Georgia pays $3,800 each year to educate a child in public schools, and $18,000 every year to keep each inmate behind bars, Deal said.

What will we do with them instead?

Hall County is one of several counties that have adopted drug courts, which aim to provide alternative sentences for low-level drug offenders. At the ceremony, drug court graduation Mike Wilcoxson said the program changed his life.

“One thing drug court has done for me is give me a sense of purpose in my life, to set goals for myself, to be accountable for my actions, and to break the cycle of addiction I had,” Wilcoxson said.

That’s one solution.

And if we’re not going to lock up so many people, why do we need to build a private prison in Lowndes County?

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Touchton v. City of Valdosta, Georgia, et al.

Mayor Fretti mentioned a lawsuit against him and the city of Valdosta that was dismissed. Court records on that are available.

According to Justia.com Dockets & Filings, Catherine Leigh Touchton filed a federal civil rights lawsuit 30 May 2007 against John Fretti and the City of Valdosta Georgia Middle District Court, On 17 April 2009:

Court Opinion or Order ORDER directing judgment for defendants on federal law claims. State law claims are dismissed without prejudice. Ordered by Judge Hugh Lawson on 4/17/2009.
A dozen similar lawsuits were filed the same day by Karen Camion, Faye Chachere, Jesse Clark, Callie Fielden, Reggie Griffin, Kathryn Harris, Willie Head, Joann Mosley, George Rhynes, Willie Roberson, Floyd Rose, and Mary Sherman. All appear to have had the same result.

Access to related documents is available by registering with PACER. They don’t charge until a user runs up a minimum amount of usage.

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2005 arrests in Valdosta City Council meeting unconstitutional —Georgia Supreme Court

Some of the events the person posting as John J. Fretti described are elaborated on in this newspaper report. -jsq

Kelli Hernandez wrote 1 May 2006 in the VDT, Court rules arrests unconstitutional: Case involves 15 citizens arrested and charged with disrupting a lawful meeting

The case originally surfaced after 15 Valdosta citizens were arrested and charged with violating statute 16-11-34 (a), which provides “a person who recklessly or knowingly commits any act which may reasonably be expected to prevent or disrupt a lawful meeting, gathering or procession is guilty of a misdemeanor.” Charges came after the group allegedly disrupted a Valdosta city council meeting in May 2005. Calle Fielden and Leigh Touchton, two of those arrested, appealed to the courts on the grounds that the statute under which the citizens were charged was unconstitutionally vague and broad.

On April 21, 2005, Rev. Floyd Rose addressed the council

Continue reading →

Self-executing mode —John Fretti

Someone posting as Mayor John Fretti of Valdosta responded in a comment to Leigh Touchton. Mayor Fretti, please point us to where on the web is the video you mention. -jsq
Update 12:13 AM 23 April 2011: Mayor Fretti confirms (through three different channels) that this post was by him:
THat was my post. an attempt to reach out and help explain a few things. the video, as was al evidence in the case was exchanged durig the discovery part of the motion. the video should be with that.
I have asked him whether an open records request would produce the video. Back to the original post. -jsq
With all due respect to Leigh’s version of the arrest – and it is all on video, it happened in the end by way of self – executing mode. After repeated requests for the group to relinquish the podium and rose stating each time that they will not and we “must do what we have to do”. the Mayor asked if there was any objection from Council or city manager or attorney if WE allow Chief Frank Simons to approach the crowd and do what he sees necessary to allow the meeting to continue efficiently and effectively. There was some discussion and then John Fason (Cmdr.) asked if anyone wants to go to jail – to follow him. and they all did – no cuffs, no restraints. Peacefully. That’s it. and all on video for all to see. With respect to the charges filed, they were old STATE charges and were ruled out as overbroad and (something else). That was fine. There was an appeal by the solicitor General and again the old STATE laws were ruled overbroad and (something else). as they should have been. We have our own local laws and ordinances now that have been tested strong in court.

and now here it the Paul Harvey moment…

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FBI investigating CCA “Gladiator School”

Rebecca Boone wrote for AP, 30 November 2010 that Video release prompts FBI prison investigation: Critics claim the privately run Idaho Correctional Center uses inmate-on-inmate violence

Jessie L. Bonner / AP file


Former inmate Hanni Elabed is shown during a July 26 interview in Boise, Idaho. Elabed suffered brain damage and persistent short-term memory loss after he was beaten by another inmate while multiple guards watched at the Idaho prison operated by Corrections Corporation of America.

The surveillance video from the overhead cameras shows Hanni Elabed being beaten by a fellow inmate in an Idaho prison, managing to bang on a prison guard station window, pleading for help. Behind the glass, correctional officers look on, but no one intervenes when Elabed is knocked unconscious.

No one steps into the cellblock when the attacker sits down to rest, and no one stops him when he resumes the beating.

Videos of the attack obtained by The Associated Press show officers watching the beating for several minutes. The footage is a key piece of evidence for critics who claim the privately run Idaho Correctional Center uses inmate-on-inmate violence to force prisoners to snitch on their cellmates or risk being moved to extremely violent units.

On Tuesday, hours after the AP published the video, the top federal prosecutor in Idaho told the AP that the FBI has been investigating whether guards violated the civil rights of inmates at the prison, which is run by the Corrections Corporation of America.

What is the inmates’ nickname for this CCA-run prison? Gladiator school.

There is a lot more in the article.

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Local NAACP votes to oppose private prison in Lowndes County

Leigh Touchton commented yesterday about a meeting Tuesday 19 April. She is president of the Valdosta-Lowndes NAACP. -jsq
Valdosta NAACP branch voted last night to oppose the private prison approved by VLCIA. We don’t need more prisons, and they do not improve economic standards in any community in which they have been located. There is a safety burden upon the community, there are human rights abuses, and the focus should be on saving the state money by rehabilitation of non-violent offenders rather than mass incarceration. When America has 5% of the world’s population but incarcerates 25% of the world’s prisoners, this is unacceptable. In North Carolina, private prisons have put local furniture manufacturers out of business because they cannot compete with the prison’s slave labor. These are not sustainable and it’s no mystery why most of the large Christian denominations in America oppose them.

-Leigh Touchton

Here’s Brad Lofton’s explanation of the private prison. Here are statements on private prisons by three Christian denominations. And the state of Israel has outlawed private prisons. More information about CCA and private prisons here.

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Prison conditions lawsuit against CCA revived

Sheila Burke writes for AP that Appeals court revives lawsuit over dirty TN inmate:
A federal appeals court is allowing a lawsuit to go forward that claims that an inmate at a privately run Nashville jail was denied mental health treatment and did not shower or leave his cell for nine months.

Mary Braswell sued Corrections Corporation of America in 2008, accusing the prison operator of treating her grandson inhumanely and violating his constitutional rights.

She claimed that Frank Horton was mentally ill and deteriorated severely while he was locked up for a non-violent probation violation.

But hey, CCA’s stock is up!

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Why Georgia wants to build private prisons

Jake Armstrong wrote 4 Dec 2008 in the Florida Times-Union that Private prisons trump Georgia’s: DOC says incarceration is cheaper when done by private companies. Really? How much cheaper?
Private companies can build prisons faster and operate them for slightly less than the state, said Michael Nail, deputy director of the department’s corrections division.
Slightly cheaper. Which we already learned is by having fewer guards per prisoner. Risking public safety for small dollar savings: does that sound like a good idea to you?.

How much cheaper? Continue reading →

Former CCA employee is Ohio prison chief in while state is selling off prisons

Joe Gullen writes in the Cleveland Plain Dealer, 21 March 2011, that Private corrections company with ties to government officials will not get special treatment while Ohio sells five prisons, director says
A private corrections company with ties to both the governor’s office and the corrections department will get no special treatment as Ohio moves to privatize a chunk of its prison system, the corrections department director said Monday.

Gary Mohr, director of the Ohio Department of Rehabilitation and Correction, has pledged to remove himself from Gov. John Kasich’s recent proposal to sell five Ohio prisons to avoid even the appearance of a conflict of interest.

Mohr is a former consultant and managing director for Corrections Corporation of America, a Nashville-based company that is eligible to bid on the state prison contracts once they are made available next month.

The company, which bills itself the leading private-sector provider of corrections services to governments, also hired Kasich’s former congressional chief of staff, Donald Thibaut, as a lobbyist in January.

Oh, my, how would any of that produce an appearance of conflict of interest?
As for hiring Kasich’s former congressional chief of staff as a lobbyist, Owen said CCA has long had a lobbyist in Ohio to educate elected officials on the services the company provides. CCA owns and operates a Youngstown facility that houses federal prisoners.

“There’s nothing hidden and no agenda,” Owen said.

Well, in that case, CCA should have no objection to finding out, for example, who they had lobbying the Georgia legislature lately.

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To the Armed Forces of Mexico —Javier Sicilia

50,000 people marched in Cuernavaca 6 April 2011 to the gates of a military base, where the usual military guards were nowhere to be seen. Then a poet, whose son had recently been killed by the drug war, climbed up and said:
To the Armed Forces of Mexico
You have always been the custodians of peace for our nation
That’s why we never want to see you again,
outside of your barracks,
except to defend us from foreign invasion,
or to help us, as you always have, during natural disasters.

What does this have to do with us? We don’t need a private prison; we need an end to the War on Drugs that fills our prisons with more prisoners total and per capita than any other nation on earth.

Todos somos Sicilia.

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