Wednesday, September 7, 2011

Transparency Issues

How's this for a joke?  A man walks into a prison and asks to see records of its operations.  Standard stuff like expenses, staffing levels, and the visitors' log.  He cites a statute that allows for public review of the records of government agencies, similar to Freedom of Information / Public Records laws in states across the country and the federal government.  Only, this prison is a private one, run by a private, for-profit company, performing an inherently governmental function (as had been previously determined by the state's Supreme Court), and officials at the prison tell this man he can't have access to the very documents that he has a clearly-established right to see.

This is the story of Joel Chandler, who requested information from the Moore Haven CF in Florida.  Florida is one of two states that requires private prison operators to comply with public records laws (called the "sunshine law" in the state), because it has determined they perform an inherently governmental function.  In any of the other 48 states, Mr. Chandler would have no legal recourse because private prisons are rarely if ever forced to turn over records to the public - their only reporting duties are to the state they contract with.  But thankfully Mr. Chandler has filed a lawsuit against CCA for this violation of the law and his rights.

This is one topic I don't cover often enough on here, but oversight of prisons, especially privately operated, for-profit facilities, is crucial to ensuring public safety and contract compliance.  The industry is notorious for skirting regulations and effective oversight, so it particularly troubles me that in a state that has expressly told private prison operators they must abide by such regulations, CCA still sees fit to so brazenly ignore the law.

7 comments:

  1. since cca obviously fired you because you are an ass hole. you should spend as much time looking for a job rather than trying to get back at some company that should of let you go.

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  2. I agree you are crazy!

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  3. thank you anonymous for all your wonderful and insightful comments. just so you know, I'm not a former CCA employee or whistleblower, and am in fact gainfully employed at not 1, but 2 (count em!) jobs. So i'm not exactly the liberal freeloader you think you're railing against. I'm going to refrain from replying to all these comments as I think your clearly-demonstrated maturity level prevents me from engaging in anything resembling a constructive dialogue with you. But thanks for reading! Maybe next time you can leave a name on your comments instead of hiding behind a veil of anonymity to be an internet tough guy

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  4. Ok then maybe your an ex detainee/inmate. You really do not know much about the private sector of corrections and regulations and program statements they have to by law abide by when it comes to contracts held with local state and federal agencies. Its unfortunate that all the horrible things that happens in those agencies are kept quiet and focus continues to be maintained on the private sectors who are required to abide stricter policies and regulations then the agencies they are contracted with. Hmmm. Why don't you post how a state corrections officer had relations with 2 female inmates both of whom gave birth to his children, or the agencies who literally beat these guys black and blue prior to ship them to a private prison. Again explain why you HATE CCA

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  5. Nor am I an ex-detainee or prisoner. I thankfully have never been incarcerated in my life. However, if you look at any objective empirical research on the industry, you'll find, very soon into your research, that the industry consistently under-performs, compared to its government counterparts. Private prisons cost more, have higher rates of staff turnover, more escapes, more assaults, more violence, and are less transparent than government-run institutions. I think prison is a terrible place in general, but when you introduce a profit motive into its operation, it takes the hell that is prison life to a whole new level.

    Aside from even all the industry's consistent failures to effective operate a prison, there's just something inside me that can never accept an industry that garners millions of dollars in profit by incarcerating human beings, what is in my opinion (and that of many others), an inherently governmental function. We don't have private police, and rightfully so, because only the government is justified in taking away someone's liberties or infringing upon their rights, and even then only in extremely limited circumstances.

    Can you please explain why you seem to love CCA so dearly?

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  6. It's interesting to note that they wouldn't submit the documents requested. I'm sure there is some form that must be filled out - I can see if the information pertained to an inmate search of some sort. But for documents regarding special security, like staffing levels - IDK - I think there has to be some balance of what is acceptable to give out to the public. Not sure if information pertaining to how many guards are on duty at any particular time or what their salaries are is good for security. I would think that standard operating costs per inmate would be acceptable as in what the state pays the facility.

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  7. hey inmate - thanks for reading and commenting. the larger problem I was trying to demonstrate is that the private prison industry is not bound by public records requirements as are all facilities operated by governments. I don't think they should be held to a higher standard, but the industry, which performs an inherently governmental function, should at the very least be held to the same levels of accountability and transparency that we expect of our government. We have passed laws requiring government agencies to release information to the public so that there is some public oversight of where our taxpayer dollars go, and what is being done with them. the industry escapes this oversight by not being subject to those laws. Staffing levels at facilities run by governments are readily available to anyone who wants to research it, but not for private facilities.

    If they want to do the job of our governments, it is our responsibility as citizens and taxpayers to ensure they do it properly and efficiently. I agree that there has to be some balance, but just info on staffing levels is not in any way imbalanced compared to what the government has to disclose. I don't think the industry should have to say necessary where guards are stationed within a prison, where security cameras are placed, etc, because that sort of information could lead to institutional security issues. But I do want the industry to be accountable for the more than $3 billion of taxpayer dollars it earns.

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