Tuesday, October 27, 2009

Arizona May Put State Prisons in Private Hands

By JENNIFER STEINHAUER
Published: October 23, 2009
New York Times

FLORENCE, Ariz. — One of the newest residents on Arizona’s death row, a convicted serial killer named Dale Hausner, poked his head up from his television to look at several visitors strolling by, each of whom wore face masks and vests to protect against the sharp homemade objects that often are propelled from the cells of the condemned.
It is a dangerous place to patrol, and Arizona spends $4.7 million each year to house inmates like Mr. Hausner in a super-maximum-security prison. But in a first in the criminal justice world, the state’s death row inmates could become the responsibility of a private company.
State officials will soon seek bids from private companies for 9 of the state’s 10 prison complexes that house roughly 40,000 inmates, including the 127 here on death row. It is the first effort by a state to put its entire prison system under private control.
The privatization effort, both in its breadth and its financial goals, demonstrates what states around the country — broke, desperate and often overburdened with prisoners and their associated costs — are willing to do to balance the books. Arizona officials hope the effort will put a $100 million dent in the state’s roughly $2 billion budget shortfall.
“Let’s not kid ourselves,” said State Representative Andy Biggs, a Republican who supports private prisons. “If we were not in this economic environment, I don’t think we’d be talking about this with the same sense of urgency.”
Private prison companies generally build facilities for a state, then charge them per prisoner to run them. But under the Arizona legislation, a vendor would pay $100 million up front to operate one or more prison complexes. Assuming the company could operate the prisons more cheaply or efficiently than the state, any savings would be equally divided between the state and the private firm.
The privatization move has raised questions — including among some people who work for private prison companies — about the private sector’s ability to handle the state’s most hardened criminals. While executions would still be performed by the state, officials said, the Department of Corrections would relinquish all other day-to-day operations to the private operator and pay a per-diem fee for each prisoner.
“I would not want to be the warden of death row,” said Todd Thomas, the warden of a prison in Eloy, Ariz., run by the Corrections Corporation of America. The company, the country’s largest private prison operator, has six prisons in Arizona with inmates from other states.
“That’s not to say we couldn’t,” Mr. Thomas said. “But the liability is too great. I don’t think any private entity would ever want to do that.”
James Austin, a co-author of a Department of Justice study in 2001 on prison privatization and president of the JFA Institute, a corrections consulting firm, said private companies tended to oversee minimum- and medium-security inmates and had little experience with the most dangerous prisoners.
“As for death row,” Mr. Austin said, “it is a very visible entity, and if something bad happens there, you will have a pretty big news story for the Legislature and governor to explain.”
Arizona is no stranger to private prisons or, for that matter, aggressive privatization efforts (recently, the state put up for sale several government buildings housing executive branch offices in Phoenix). Nearly 30 percent of the state’s prisoners are being held in prisons operated by private companies outside the state’s 10 complexes.
In addition, other states, including Alaska and Hawaii, have contracts with private companies like Corrections Corporation of America to house their prisoners in Arizona.
For advocates of prison privatization, the push here breathes a bit of life into a movement that has been on the decline across the country as cost savings from prison privatizations have often failed to materialize, corrections officers unions have resisted the efforts and high-profile problems in privately run facilities have drawn unwanted publicity
“We have private prisons in Arizona already, and we are very happy with the performance and the savings we get from them,” said Representative John Kavanagh, a Republican who is chairman of the House Appropriations Committee and an architect of the new legislation authorizing the privatization. “I think that they are the future of corrections in Arizona.”
Under the legislation, any bidder would have to take an entire complex — many of them mazes of multiple levels of security risks and complexity — and would not be permitted to pick off the cheapest or easiest buildings and inmates. The state also wants to privatize prisoners’ medical care.
Louise Grant, a spokeswoman for Corrections Corporation of America, said the high-security prisoners would be well within the company’s management capabilities. “We expect we will be there to make a proposal to the state” for at least some of its complexes up for bid, Ms. Grant said.
In pure financial terms, it is not clear how well the state would make out with the privatization. The 2001 study for the Department of Justice found that private prisons saved most states little money (there has been no equivalent study since). Indeed, many states, struggling to keep up with the cost of corrections, have closed prisons when possible, and sought changes in sentencing to reduce crowding in the last two years.
As tough sentencing laws and the ensuing increase in prisoners began to press on state resources in the 1980s, private prison companies attracted some states with promises of lower costs. The private prison boom lasted into the 1990s. Throughout the years, there have been high-profile riots, escapes and other violent incidents. The companies also do not generally provide the same wages and benefits as states, which has resulted in resistance from unions and concerns that the private prisons attract less-qualified workers.
Then the federal government stepped in, with a surge of new immigrant prisoners, and began to contract with the private companies. The number of federal prisoners in private prisons in the United States has more than doubled, to 32,712 in 2008 from 15,524 in 2000. The number of state prisoners in privately run prisons has increased to 93,500 from 75,000 in that time.
With bad economic times again driving many decisions about state resources, other states are sure to watch Arizona’s experiment closely.
“There simply isn’t the money to keep these people incarcerated, and the alternative is to free many of them or lower cost,” said Ron Utt, a senior research fellow for the Heritage Foundation, a conservative group whose work for privatization was cited by one Arizona lawmaker.

Read @ New York Times: http://www.nytimes.com/2009/10/24/us/24prison.html

A Death in Texas: Profits, poverty, and immigration converge

Tom Barry
Boston Review Nov/Dec 2009

County Clerk Dianne Florez noticed it first. Plumes of smoke were rising outside
the small West Texas town of Pecos. “The prison is burning again,” she
announced.
About a month and a half before, on December 12, 2008, inmates had
rioted to protest the death of one of their own, Jesus Manuel Galindo, 32. When
Galindo’s body was removed from the prison in what looked to them like a large
black trash bag, they set fire to the recreational center and occupied the
exercise yard overnight. Using smuggled cell phones, they told worried family
members and the media about poor medical care in the prison and described the
treatment of Galindo, who had been in solitary confinement since mid-November.
During that time, fellow inmates and his mother, who called the prison nearly
every day, had warned authorities that Galindo needed daily medication for
epilepsy and was suffering from severe seizures in the “security housing unit,”
which the inmates call the “hole.”
I arrived in Pecos on February 2, shortly
after the second riot broke out. I had driven 200 miles east from El Paso
through the northern reaches of the Chihuahuan desert.
Pecos is the seat of
Reeves County in “far west” Texas and home to what the prison giant GEO Group
calls “the largest detention/correctional facility under private management in
the world.” The prison, a sprawling complex surrounded by forbidding perimeter
fences on the town’s deserted southwest edge, holds up to 3,700 prisoners.
Almost all are serving time in federal lockup before being deported and are what
the Departments of Justice and Homeland Security (DHS) call “criminal
aliens.”
Although the term “criminal aliens” has no precise definition, its
broadening use reflects a trend in dealing with immigrants. With the post-9/11
creation of DHS and its two agencies—Immigration and Customs Enforcement (ICE)
and Customs and Border Protection (CBP)—a wide sector of aliens increasingly
became the focus of joint efforts by immigration and law enforcement officers.
ICE’s Criminal Alien Program, working with local police, began targeting for
deportation both legal and illegal immigrants with criminal records. And CBP’s
Border Patrol began to turn over illegal border crossers to the justice system
for criminal prosecution, instead of, as in the past, simply deporting them.
Many criminal aliens are long-term legal residents of the United States and are
also the parents, children, or siblings of U.S. citizens and lawful residents.


Read more: http://bostonreview.net/BR34.6/barry.php

Wednesday, October 21, 2009

Texas: Mexican Human Rights Official Held

By JAMES C. McKINLEY Jr.
Published: October 19, 2009
New York Times

A Mexican human rights official who has accused the Mexican Army of abuses has been detained by United States customs officials and is being held against his will in El Paso, said his lawyer, Carlos Spector. The official, Gustavo de la Rosa Hickerson, who works in Juarez for the Chihuahua State Commission for Human Rights, was taken into custody by customs agents Thursday night as he tried to cross into El Paso with his border-crossing card to visit friends. Though Mr. de la Rosa told customs officers he was not seeking asylum, agents took him into custody anyway after he acknowledged that he had received threats because of his work. In a statement, Mr. de la Rosa said the officers had told him he was being detained for his own safety. A spokeswoman for Immigration and Customs Enforcement said he was being held “due to mandatory detention provisions” but declined to explain why.

Read @ NY Times: http://www.nytimes.com/2009/10/20/us/20brfs-HUMANRIGHTSO_BRF.html

Sunday, October 18, 2009

Months to Live: Fellow Inmates Ease Pain of Dying in Jail

By JOHN LELAND
Published: October 17, 2009
COXSACKIE, N.Y. — Allen Jacobs lived hard for his 50 years, and when his liver finally shut down he faced the kind of death he did not want. On a recent afternoon Mr. Jacobs lay in a hospital bed staring blankly at the ceiling, his eyes sunk in his skull, his skin lusterless. A volunteer hospice worker, Wensley Roberts, ran a wet sponge over Mr. Jacobs’s dry lips, encouraging him to drink.
“Come on, Mr. Jacobs,” he said.
Mr. Roberts is one of a dozen inmates at the Coxsackie Correctional Facility who volunteer to sit with fellow prisoners in the last six months of their lives. More than 3,000 prisoners a year die of natural causes in correctional facilities.
Mr. Roberts recalled a day when Mr. Jacobs, then more coherent, had started crying. Mr. Roberts held his patient and tried to console him. Then their experience took a turn unique to their setting, the medical ward of a maximum security prison. Mr. Roberts said he told Mr. Jacobs to “man up.”
Mr. Jacobs, serving two to four years for passing forged checks, cursed at him, telling him, “‘I don’t want to die in jail. Do you want to die in jail?’ ”
“I said no,” said Mr. Roberts, who is serving eight years for robbery. “He said, ‘Then stop telling me to man up,’ and he started crying. And then he said that I’m his family.”
American prisons are home to a growing geriatric population, with one-third of all inmates expected to be over 50 by next year. As courts have handed down longer sentences and tightened parole, about 75 prisons have started hospice programs, half of them using inmate volunteers, according to the National Hospice and Palliative Care Organization. Susan Atkins, a follower of Charles Manson, died last month in hospice at the Central California Women’s Facility at Chowchilla after being denied compassionate release.
Joan Smith, deputy superintendent of health services at the Coxsackie prison, said the hospice program here initially met with resistance from prison guards. “They were very resentful about people in prison for horrendous crimes getting better medical care than their families,” including round-the-clock companionship in their final days, Ms. Smith said.
The guards have come to accept the program, she said. But still there are challenges unique to the prison setting. Some dying patients, for example, divert their pain medication to their volunteer aides or other patients, who use it or sell it, said Kathleen Allan, the director of nursing. She added that patients can be made victims easily, “and this is a predatory system.”
But she said the inmate volunteers bond with the patients in a way that staff members cannot, taking on “the touchy-feely thing” that may be inappropriate between inmates and prison workers.
At Coxsackie, 130 miles north of New York City, administrators started the hospice program in 1996 in response to the AIDS epidemic using an outside hospice agency, then changed to inmate volunteers in 2001. The change saved money and was well-received by the patients.
Perhaps more significant, said William Lape, the superintendent, was the effect the program had on the volunteers. “I think it’s turned their life around,” Mr. Lape said.
John Henson, 30, was one of the first volunteers. When he was 18, Mr. Henson broke into the home of a former employer and, in the course of a robbery, beat the man to death with a baseball bat. When he entered prison, with a sentence of 25 years to life, he said, “I thought my life was over.”
At Coxsackie he met the Rev. J. Edward Lewis, who persuaded him to volunteer in 2001. “You go in thinking that you’re going to help somebody,” Mr. Lewis said, “and every time they end up helping you.”
Before hospice, Mr. Henson said he had given little thought to the consequences of his crime. Then he found himself locked in a hospital room with another inmate, holding the man’s hand as his breathing slowed toward a stop.
Like many men in prison, the dying man had alienated his family members, who rejected his efforts to renew contact. In the end, he had only Mr. Henson for companionship. When the prison nurse declared the man dead, Mr. Henson broke down in tears.
“They just came out,” he said. “I don’t even know why I was crying. Partly because of him, partly because of things that died within me at the same time.”
Mr. Henson, dressed in prison greens and with his blond hair buzzed short, spoke directly and without hesitation.
“I was just thinking about why I’m in here and the person’s life that I took,” he said. “And sitting with this person for the first time and actually seeing death firsthand, being right there, my hand in his hand, watching him take his last breath, just caused me to say, ‘Wow, who the hell are you? Who were you to do this to somebody else?’ ”
Ms. Allan, the nursing director at Coxsackie, said that with a number of inmate volunteers, “You can identify in each of these guys something inside them driving them to do this. It’s a desire to redeem themselves, so even when it gets hard they’re able to plow through it. “
She added, “I think Mr. Henson made me a better mother.”
Benny Lee, 38, has spent half his life in prison for manslaughter, and for most of that time, he said, “the only thing I regretted was getting caught.” Four months ago he began as a hospice volunteer, feeling he needed a change. “I’m trying to offer some payback,” he said.
On a recent afternoon, Mr. Lee was scheduled to sit with Eddie Jones, 89, who was dying from multiple causes. Mr. Jones, who was convicted of murder at age 70, said, “I can talk with them better than staff members, because staff members have their minds made up about how things should be.”
Mr. Lee said he does not know how Mr. Jones’s death will affect him. “I’m hoping it will have an effect, period,” he said. “Growing up and in prison, I put up walls. But I have to be more emotionally receptive to these guys. This is going against everything I’ve tried to do. But I realize it’s a change I have to make.”
Mr. Lee said hospice was forcing him to learn to trust people.
“It’s helping me mature,” he said. “My views of life and death are changing. I was unsympathetic when it comes to death. I’ve had friends die, and I was callous about it. Now I can’t do that. I’ve come to identify with these guys, not because we’re inmates, but because we’re human beings. What they’re going through, I’ll go through.”

Read @ the New York Times: http://www.nytimes.com/2009/10/18/health/18hospice.html

Wrong Paths to Immigration Reform

New York Times Editorial
Oct 11, 2009

All last week the people of Phoenix witnessed public outbursts by their sheriff, Joe Arpaio, as he railed against the Department of Homeland Security for supposedly trying to limit his ability to enforce federal immigration laws. He vowed to keep scouring Maricopa County for people whose clothing, accents and behavior betrayed them as likely illegal immigrants. He said he had already nabbed more than 32,000 people that way, and announced his next immigrant sweep for Oct. 16.

The spectacle raises two critical questions that the Obama administration is in danger of getting wrong.
One is the specific question of whether the federal government should keep Sheriff Arpaio in its 287(g) program, which deputizes local law enforcement to act as immigration agents in street patrols and in jails. The answer is absolutely not. Sheriff Arpaio has a long, ugly record of abusing and humiliating inmates. His scandal-ridden desert jails have lost accreditation and are notorious places of cruelty and injury. His indiscriminate neighborhood raids use minor infractions like broken taillights as pretexts for mass immigration arrests.
To the broader question of whether federal immigration enforcement should be outsourced en masse in the first place, the answer again is no.
It was only days ago that Homeland Security Secretary Janet Napolitano unveiled a plan to repair the rotting immigration detention system. The Bush administration had outsourced the job to state, local and private jailers, with terrible results: inadequate supervision, appalling conditions, injuries and deaths.
Ms. Napolitano wants to centralize federal control over the system that handles detainees. But she insists on continuing to outsource and expand the flawed machinery that catches them, including 287(g) and a system of jailhouse fingerprint checks called Secure Communities, which increase the likelihood that local enforcers will abuse their authority and undermine the law.
Rather than broadening the reach of law enforcement, using local police can cause immigrant crime victims to fear the police and divert the police from fighting crime. It leads to racial profiling, to Latino citizens and legal residents being asked for their papers. Responsible sheriffs and police chiefs across the country have looked at 287(g) and said no thanks.
Programs like 287(g) rest on the dishonest premise that illegal immigrants are a vast criminal threat. But only a small percentage are dangerous felons. The vast majority are those whom President Obama has vowed to help get right with the law, by paying fines and earning citizenship. Treating the majority of illegal immigrants as potential Americans, not a criminal horde, is the right response to the problem.

Read @ New York Times: http://www.nytimes.com/2009/10/12/opinion/12mon2.html

Monday, October 12, 2009

Talking About Insurrection

Tom Barry
Borderlines

Friday, October 9, 2009

Getting into the federal building in Pecos, Texas takes political sophistication – something I was apparently lacking when attempting to enter the building for the trial of a couple of immigrant inmates indicted for their role in the Dec. 12-13 incident, let’s call it, at the immigrant prison in this far West Texas town.It’s the same all over the country. After Sept. 11 the federal halls of justice have been on virtual lockdown status. To get into these buildings – which typically house the district courts and U.S. Marshals Service offices, you need to pass through metal detectors, present identification, and rid yourself of all electronic devices. As many as half dozen or more federal security guards – usually retired police officers and sheriff deputies – are usually in the courthouse foyer to block entry to criminals and terrorists.In Pecos, which has a privately run, federally supplied, and locally owned immigrant prison on the outskirts of town, people are feeling jittery about the criminal alien business. It’s a business that has for the past two decades been a source of a steadily expanding number of local jobs and increasing county revenues, as the prison has gone through three expansions to accommodate the ever larger number of immigrant inmates under Bureau of Prisons custody.I felt it as soon as I stepped pass the doorway: suspicion and outsider disdain. “What are you here for? Who are you,” one of the guards demanded.“Well, I am here for the trial of the immigrant prisoners indicted for the disturbance at the prison last December,” I said, handing the questioning guard my business card (from Center for International Policy).“Disturbance, there was no disturbance,” says he. (It wasn’t until later that I asked how HE was.) “There was a riot, and it’s costing us tens of millions of dollars.”During several trips to Pecos since the second inmate news event of Jan. 31 –Feb. 5, I had been alternating between “riot,” “protest,” “mutiny,” and “disturbance.”What happened at the Reeves County Detention Center in two separate occasions was that immigrant inmates – officially classified “criminal aliens” who will be processed for deportation upon completing their 1-5 year sentences – set fire to prison buildings to protest the deaths and untreated illnesses of fellow prisoners. In both cases, the main prisoner concern was that sick inmates were being placed in the Secure Housing Unit (SHU) assigned for “medical observation.”The SHUs in modern prisons and detention centers are the modern equivalent of the old “solitary confinement” – intended as both punishment for disciplinary infraction and as deterrence to prevent unruly behavior. But, as the practice at the Reeves County Detention Center, SHUs are often used simply to better manage prison populations – to isolate and punish problem inmates whether they break the rules or not.At the Reeves County Detention Center (RCDC) – which since 1985 has expanded from 300-bed prison to one that holds up to 3700 inmates – the SHU is systemically and routinely used to house severely ill inmates. That’s because there is no infirmary at what the prison giant GEO Group (which the county contracts to run the BOP prison) calls RCDC “the largest detention/correctional facility under private management in the world.”The first incident was precipitated by the death of Jesus Manuel Galindo, 32, who was serving a 30-month sentence for illegal reentry from Mexico. Galindo was picked up by the Border Patrol after an epileptic seizure at a convenience store near the borderland town of Anthony, NM, where he had lived with his family since he was in his mid-teens. The local police, who responded to the call for assistance from the clerk at the local 7-11, turned Galindo over to the Border Patrol after it was determined he was an “illegal alien.” Galindo, after being deported to Ciudad Juárez (about 20 miles from his home in the United States), attempted to return home to his extended and nuclear family (three children and second wife) – all of whom were legal residents or citizens -- two years ago after spending a month in the Mexican border town across from El Paso.But increased border security and a new “criminal alien” policy that criminalizes and penalizes illegal border crossing combined to put Galindo into the federal slammer in Pecos, where an estimated 75% of his fellow inmates were also serving time for illegal border crossings and the balance for nonviolent crimes, mostly drug violations.Another severe epileptic seizure in mid-November 2008 sent Galindo to an area hospital – and in the SHU. The greatest fear of inmates at the Reeves County Detention Center is getting sick and being consigned to the SHU – what they call “el hoyo” (the hole). It’s the hole not because it’s so dark or dirty, but rather because it’s where there is no relief from the walls, the loneliness, the emptiness.Galindo corresponded frequently with his mother, Graciela Galindo. His letters from mid-November until the day before he died tell of his fear and despair at being kept in the hole without any company, without the friends he made in prison. He tells his mother of the inhumanity of most of the guards who didn’t seem to recognize the humanity of the immigrant inmates. He writes of the urgency to get the right medicine to prevent his seizures – medicine, his mother told me, for which he had a prescription before he was imprisoned but was replaced by the nurses at Reeves with sedatives that kept him sleepy and unable to stand up. On Dec. 5 he wrote of being “afraid” of what would happen to him if he stayed in the hold any longer, of how his was being ignored by the guards and nurses, of his bruises from thrashing around during unattended seizures.The day before he died he wrote a letter to his mother that the family didn’t read until much later when they received his few personal belongings along with his body.In his Dec. 11 letter he wrote: “I told them that I have been here (in SHU) for a month, and I’ve gotten sick twice, and let’s see if they move me or do something quickly. All they say is 'yes, yes.' and they don't do anything.”What happened after two of his fellow inmates in the SHU saw his body being removed in a black body bag on the morning of Dec. 12 is a matter of interpretation and interests.The Dec. 12-13 incident resulted in some damage – several hundred thousands of dollars -- to the SHU and in a badly burnt recreation building. Reeves County attributed the property loss at the RCDC III prison (the most 2005 expansion of the immigrant prison) to a “disturbance.” Calling it a “riot” would have precluded the insurance company from covering the losses, said County Judge Sam Contreras.The inmates themselves referred to it as a “motín” or mutiny – a term that conveys the sense of an uprising against authority.After the Dec. 12-13 incident in Pecos and after the second closely related incident of Jan. 31-Feb 5 (when inmates also rebelled and set fire to prison buildings in an incident also sparked by medical malpractice and mistreatment concerns involving the use of the SHU for “medical observation”), the criminal justice system, the insurance system, and the financial system are providing most of the follow-up.Despite demands by the Texas ACLU and immigrant advocacy groups, the Office of Inspector General of the Justice Department has not initiated an investigation. But the criminal justice system did immediately kick in other respects. The U.S. Attorney’s Office in Midland, Texas immediately began investigating the new crimes of the immigrant inmates who, in part out of solidarity with those sick fellow prisoners shut in the hole and in part out of fear that too would be released from prison in a body bag, took control of the two different sections of the prison to highlight their concerns.Like the inmates, the U.S. attorney called the incidents “mutinies” and like the media and the security guards in the federal building lobby is also referring to the incidents as riots. Twenty six inmates from the first incident have been indicted. At first, they faced two counts – causing a riot or mutiny, or aiding and abetting in a mutiny or riot. The first count declared that the defendants “and other persons known or unknown to the grand jury, unlawfully, willfully, and knowingly, did combine, conspire, confederate and agree together and with each other and others to instigate, connive, attempt to cause, assist, and conspire to cause a riot at the Reeves County Detention Center, a federal penal, detention, or correctional facility.”(Apparently, the U.S. attorneys are as confused as everyone else about what the Reeves County Detention Center really is, a prison or detention center. And while it does hold federal prisoners – all immigrants with orders for deportation – there is much confusion about whose prison is it. It is county owned – hence the Reeves County – but it is operated by GEO Group while the BOP contracts with the county to run it and the county subcontracts with GEO.)The second count was the essentially the same but in this count the defendants purportedly “aided and abetted by each other and others did instigate, connive, attempt to cause, assist, or conspire to cause a riot.” In brief, the criminal indictment described the incident as a “mutiny or riot.” Those two counts were filed April 9 and May 12.But they didn’t have the desired result. Not all the defendants were entering guilty pleas, thereby saving the U.S. attorney the trouble of presenting evidence and actually trying the case. Then, on July 14, the U.S. John Murphy came to the grand jury with a superceding indictment that includes a new charge: “the use of fire to commit a federal felony offense.”Mary Stillinger, one of the court-appointed attorneys appointed to represent the immigrants, said the new indictment “really hammered” the immigrants, since it came with a mandatory ten-year sentence.There was little hard evidence against the men, and even with the court-appointed defense attorneys, most of whom simply go through the motions of defending immigrants in the flood of criminal charges resulting from immigration violations that is overwhelming the judicial system along the border. As part of the prison reconstruction, GEO has insisted that the county install a comprehensive system of security cameras and video recording units so as to insure that the next time around, as was explained in a county commissioners meeting in Pecos by the architect directing the reconstruction: “Cameras and recording equipment are among the highest things on their list, because if say that if they had more security cameras, better recording equipment, when they had this disturbance, they would have been able to prosecute more, indict more people, if they had more proof of what everybody did.”No one in a position of responsibility– not in county government, not in GEO, not in the correctional healthcare subcontractor Physicians Network Association (of Lubbock, Texas), not in the BOP , not in the U.S. Attorney’s Office – is apparently concerned of prosecuting, indicting, gathering evidence, or even investigating the conditions at RCDC that sparked the riots and the death of Jesus Manuel Galindo.But the county has other concerns that involve high finance and keeping prison jobs in Reeves County.Since 1985 the county has issued approximately $115 million in revenue bonds to finance the construction and maintenance of the RCDC immigrant prison complex. Going into the riots/mutinies/disturbances, the county had $92 million in outstanding prison debt. This debt is in the form of tax exempt municipal bonds called project revenue bonds that are issued by a specially established county public facility corporation to create a project that brings revenue to the county.The county got off relatively easily from the first incident. The insurance companies paid by the county over the past couple of decades for the prison covered most of the rebuilding expenses. But then came the proverbial ‘fire next time.’Less than two months after the first inmate protest, inmates renewed the Dec. 12-13 protest with a much larger incident – one that completely destroyed the oldest prison unit and resulted in reconstruction and upgrading expenses project to approach $40 million. This time the insurance companies are expected to come through with only $25 million, leaving the county $15 million short.Here comes Barry Friedman of Carlyle Capital Markets, the bond underwriting firm that has been with Reeves County since the beginning of its prison enterprise. Friedman assures the county that he can sell another $15 million plus in bonds to cover the gap. “I have been on the side of Reeves County since 1986,” Friedman recently told the county commissioners, assuring them that he only wants what is good for the county.Not only is Friedman underwriting the new bond issue but after the prison disturbances he was hired as a special financial consultant to the county for about $15,000 a month. In addition to his commission for bond underwriting, he is also advising the county on what is in their best financial interest, as he told the commissioners. “As financial adviser, my responsibility is to the county,” he explained, angrily and righteously dismissing a complaint raised by County Attorney Alva Alvarez. “Do you represent the bondholders,” he was asked. “No, I represent the county,” he replied.Reeves County is angry, worried, and deep in debt – and going deeper. No wonder then the reaction of the elderly security guard at the federal building. After I asked who he was, he threatened to call the U.S. Marshals. Knowing about justice in Reeves County, I turned around and walked out. Just as well, the immigrants had all decided to plead guilty. The scheduled trial was cancelled.Tempers are also flaring in the county building across the street with conflict-of-interest charges swirling around having Carlyle’s Friedman work two sides of the prison business and with fears that if the county doesn’t get the prison back together the BOP might, as one county official noted, “bring in the buses and bring the inmates out.”That would leave Reeves County with massive prison bond debt, Pecos with any empty prison complex on the edge of town, and more than four hundred area residents without a job. It would be a near fatal blow to the county, where a quarter of the population lives in poverty and unemployment stands at 14.1%. Poor Reeves County.And poor immigrants who still suffer the same medical conditions that sparked the incidents.
Read @ Borderlines: http://borderlinesblog.blogspot.com/2009/10/talking-about-insurrection.html

Friday, October 9, 2009

Proposal to expand L.A. deputies' duties in deportation process draws criticism

Anna Gorman
LA Now

Los Angeles County sheriff’s staff would assume a greater role in the processing and deportation of illegal immigrants identified in the jails under a newly proposed agreement with the federal government, placing an “inordinate strain” on department staff, according to a new report.
The department signed an agreement with U.S. Immigration and Customs Enforcement in 2005 authorizing its custody assistants to check the immigration status of foreign born inmates.
The new agreement would require those same assistants to complete all of the required paperwork to process illegal immigrants for possible deportation, according to the report prepared by Merrick Bobb, a special counsel to the L.A. County Board of Supervisors.
The degree to which the proposed agreement turns the sheriff’s department into the “primary enforcer of federal immigration law is indeed breathtaking,” Bobb wrote in the nearly 50-page report. In addition, the county would not be reimbursed for the additional work, Bobb wrote.
More than a quarter of inmates transferred from the county lock-up to immigration custody from July 2008 to June 2009 had been charged with minor crimes, such as displaying a false identification or disorderly conduct, the report found. Some inmates had serious criminal records, but Bobb wrote that he didn’t believe that the supervisors intended for minor criminals to be turned over to immigration authorities.
“Some of the supervisors suggested that immigration enforcement in the jails should be limited to the more dangerous criminals committing felonies, in contrast to persons held for traffic violations or other minor misdemeanors,” Bobb said in an interview today.