The Real Cost of Prisons Weblog

But, solutions to the problem, such as the furtherance of private prisons and out-of-state transfers of in-mates, concern some observers. However, recent industry trends indicate there is no reason to believe changes are to come any time soon. State legislatures, following the federal government’s lead, have leaned toward “for-profit” prisons to atone for bed shortages, rather than promote more state facilities.

Meanwhile state lawmakers are caught between the need to lock-up dangerous offenders and overcowding prisons.

“Colorado citizens have told me to be tough on crime,” said State Sen. Ken Kester. “But, if we don’t build prisons or do something about sentencing, we’re going to have big problems.”

While solutions to DOC problems are debated, one thing about state-run facilities seems to be certain for prison officials.

“There’s no room,” said Brent Park, DOC public information officer. “If we had a no-vacancy sign, it would be blinking.”

Overcrowding and appearing tough on Crime

As the state population grows, so too does the DOC inmate population.

According to DOC’s Web site, inmate admissions have risen every fiscal year since at least 1995. At the same time, the number of prisoner releases has failed to match those numbers. In 1992, the average daily inmate jurisdictional population was 8,474. About 14 years later, that number is now 21,438. According to DOC records, the current inmate population has increased 443 percent since 1985. DOC projects the total number of inmates to surpass 26,000 in June 2010.

The overwhelming inmate numbers seem to set Colorado apart from other states. Calling inmate growth “unprecedented”, a 2004 fiscal year DOC statistical report states that, “The growth experienced by the Colorado Department of Corrections in recent years has exceeded the national trends where population trends have shown little or no growth.”

And while inmate numbers continue to rise, it’s important to note DOC has no role in determining who gets in and who gets to leave.

“We don’t control the front door, and we don’t control the back door,” said Parker.

Judges determine offenders’ sentencing, but the length of sentencing for each crime is guided by minimum and maximum sentences determined by state lawmakers. If an offender is sentenced to the care of DOC, that offender will serve time, regardless of whether there is room for them or not. Parole boards determine if and when offenders are released, once their jail time is served.

Elected lawmakers, while well intended, can exacerbate the problem.

“In recent years, the Legislature has passed some new, tough sentencing laws,” Parker said. “It’s tough to get lawmakers to look at the big picture because they get votes for being tough on crime.”

The 2004 fiscal report points to specific areas of legislation that have led to the exploding inmate popula-tions:

— 1985: House Bill (H.B.) 1320 doubled the maximum penalties for felony cases. This caused the average length of stay for offenders to triple from 1980 to 1989.

— 1987: H.B. 1005 allowed juveniles as young as 12 to be charged as adults in certain felony cases.

— 1998: H.B. 98-1156 was referred to as “Colorado Sex Offender Lifetime Supervision act of 1998.” This requires sex offenders to serve minimum sentences, without early release. Tough parole board requirements make it difficult to be released.

Gary Golder, DOC prison operations director, said longer sentences could be expected.

“This last legislative session, six bills were introduced that enhanced sentences or were new laws,” he said. “It’s not that they’re not good bills, but each of those carry with them a cost.”

General Assembly members admit this can be a problem.

“We probably need to look at some of our sentencing laws,” Kester said.

Kester said the Legislature has recently taken some steps toward elevating prison overcrowding, pointing to recent legislation that loosened penalties for Class V and Class IV felony offenders.

But, Kester said any changes in legislation need to proceed with caution.

“I’m not for turning people out of prisons just because we don’t have room for them,” he said.

State Rep. Tom Massey agrees.

“We tend to hear that people want us to revisit sentencing laws,” he said. “But, we never get a good handle on who to put back on the street.”

Drug offenders

By far, drug convictions lead to the highest percentage of incarcerations. Almost 30 percent of female offenders and 18 percent of male offenders were convicted of drug related crimes, according to DOC.

However, DOC says those numbers can be misleading.

“In Colorado, it’s very hard to get to prison on a first time drug offense,” said DOC prison operations director Gary Golder.

Golder is responsible for operations of 23 state facilities and six private facilities in the state. He refers to first-time drug offender sentences as being “a myth.”

“Typically, people see prison time on their third-, fourth- and fifth-time offenses,” he said.

Parker agrees.

“For drug users, judges are typically looking for treatment first,” he said, adding that most drug crimes that lead to incarceration are coupled with more serious offenses, such as theft or assault.

And while the state legislature attempts to relax sentencing for drug offenders, members say distinctions need to be made when looking at drug crimes.

“We can’t let those people making meth around children go free,” said Kester.

Looking ahead

In 2002, the Legislature authorized DOC funding in the form of certificates of participation, a form of lease revenue bond, for the new Colorado State Penitentiary, CSP II. However, a court challenge set back pro-gress. Still, DOC officials plan to proceed with designing and may begin the bidding process this spring, with occupation of the facility aimed for August 2009.

But even once CSP II is built, it will only bring with it another 700 beds. And, while the certificates of deposit finance over $100 million toward construction of the prison, it is not known if there have been additional costs incurred due to the delay in the project.

“We’re still working on that,” said DOC official Richard Weems.

Legislative members continue to search for options.

“We’re asking for a five-to-10 year plan for DOC to show the Joint Budget Committee,” said State Rep. Buffie McFadyen. “This is so we have a realistic plan for how much this will cost us so we can be honest to voters.”

Kester points to elderly inmates with physical ailments who require fuller staff. He would like to see more of these offenders housed at Fort Lyon, a former VA hospital that now serves as a prison for special needs.

http://www.canoncitydailyrecord.com/Top-Story.asp?id=5287

Publish Date: 11/4/2006, Canon City Daily Record

Private prisons a quick fix

Vic Vela
The Daily Record
Editor’s Note: This is the final part of a three-part series on the prison industry.

As prison beds grow sparse and the number of inmates increases at a significant rate, the Colorado Department of Corrections has, in recent years, continued to search for ways of accommodating its desperate need to house offenders.

About 1,000 offenders are being sentenced to Colorado prisons each year, a rate that, percentage-wise, surpasses Colorado’s robust population growth.

Meanwhile, the State Legislature, citing tighter budgets and constituencies who balk at the idea of prisons “in their backyards”, has not approved funding to alleviate the problem for DOC state-run facilities since it allocated certificates of deposit funds for the construction of the new Colorado State Penitentiary in 2002. However, construction has not even begun on that facility.

The apparent current solution to the problem: the privatization of prisons. Private prisons have provided a quick fix to the prison overcrowding problems.

Roughly six percent of the country’s inmates are being housed at for-profit prisons. In Colorado, that number is much higher. And, with state budgets across the country becoming less flexible, this number should continue to rise for years to come.

But, private prisons continue to be a source for controversy. Opponents of private-run facilities site con-cerns that for-profit prisons see inmates as nothing more than commodities, compromising ethics. Critics also claim private facilities employ fewer staff than does state facilities, leading to safety concerns for guards and other prison employees.

Proponents of privatization scoff at the notion that private facilities cut costs and risk safety for the sake of profit. They say they are regulated, just like other prisons, and are less expensive alternatives to state-run prisons.

The debate surrounding private prisons will only grow larger as the need for prison space is needed.

The Numbers:

Right now, one in five DOC inmates are housed in private prisons in Colorado, or 4,400 offenders. In mid-2008, that ratio is expected to increase to one in three. DOC pays private facilities $51.90 a day to house inmates.

Meanwhile, the cost of housing inmates at state-run facilities is higher, though the comparison is apples to oranges.

The per-day cost to house an inmate at state-run facilities range from $59-$75, depending on the level of high-custody inmate in question.

The cost of inmates at private prisons in Colorado is less expensive, mainly because they are not housing the worst offenders.

“They take the lower custody, minimum-to-medium custody offenders,” said Parker. “They also don’t take high-medical needs inmates or high-psychological needs inmates.”

Colorado currently has six different state-level private prisons: Crowley County Correctional Facility, Kit Carson Correctional Center, Bent County Correctional Facility, Brush Correctional Facility, Huerfano County Correctional Center and Cheyenne Mountain Re-Entry Center — which is a program-driven, short term facility. In May, two new bids for new private prisons were presented and deemed “potentially acceptable” by DOC.

The state legislature has placed limits as to which inmates private prisons hold. Several years ago, lawmakers passed legislation that prohibits high-custody inmates from being housed at private facilities. Lawmak-ers also capped the total number of private prison inmates at 30% of all offenders statewide.

Even thought these institutions are for-profit, private prisons, they still fall under the DOC umbrella of administration.

“They are administered using our regulations,” said Brent Parker, DOC public information officer.

Alison Morgan, head of the DOC private prison-monitoring unit, says private institutions agree to the components of a 50-page “very detailed” contract that specifies regulations for their facilities. In addition, the unit regularly monitors these prisons.

“There are 18 people in the unit, all working toward holding prisons accountable,” she said. “We’re there to enforce a contract, but we’re also there to show staff how we want things done and how we expect things to be done.”

The Concerns:

Private prisons have not done themselves any favors in recent years when it comes to public relations problems that have fueled criticism of how they are run.

In 1999, a convicted murderer at a private-run facility in Tennessee escaped by scaling the outside all in broad daylight. In 2004, private facilities experienced riots in Oklahoma (where one death occurred), Kentucky and a hostage-taking riot in Florida.

The most significant event in recent Colorado history was that of the Crowley County Correctional Facility riot in July 2004, where 13 inmates were injured. Investigations into the riot found staff was inexperienced and shortages of staff led to problems. The Crowley riot led to heightened supervision by DOC.

Recently, DOC leveled “liquid damages” against all six private facilities in Colorado, citing staffing shortages as the biggest problem. In Kit Carson alone, 567 positions were unfilled, leading to damages of $83,000 paid to the state.

These strings of bad press for private facilities have led many to question their effectiveness, even ethics.

“I’m wondering if they’re OK with paying the fines because they’re cheaper than providing more staff,” said State. Rep. Buffie McFadyen.

Nonsense says a private prison official.

“That is outrageously false,” said Louise Gilchrist, spokesperson for the Tennessee-based Corrections Corp. of America (CCA), the nation’s largest private prisons operator which operates four private facilities in Colorado, including Crowley.

“We would never advocate having fewer staff than we’d like,” she continued. “If we cut corners, there would be consequences. Our customers would terminate our contract.”

Gilchrist says it’s unfair to blame these problems solely on private facilities.

“Incidents occur in every facility in the country,” she said. “The problem is, if it’s a private prison, the media attention is so heightened, there is much more public scrutiny.”

The CCA spokesperson says that recent “damages” assessed by DOC were aimed at “less-than critical positions,” and that her company will not hire someone just for the sake of doing so.

“We’re not going to do that just to fill a post,” she said. “We would much rather find the right people because safety is our number one priority.”

But, finding the right people can be a daunting task for operators like CCA. National numbers show the pay rate for private prison officers is less than state-run facilities.

“They typically get paid according the area’s market,” said DOC official Gary Golder. “Whereas the sate pays the same no matter the area.”

This can lead to the conclusion that more experienced, qualified applicants may prefer opportunities outside private prisons. DOC admits that private facilities are often a job center for DOC. Critics say this leads to higher turnover rates at such prisons.

Part of the problem with staffing is due to older facilities that were placed in rural areas. CCA says it acknowledges staffing can be at a premium in many cases, but the group says they are working on solutions.