New solitary confinement unit plagued by old problems on Rikers Island

At the beginning of March, New York City’s Board of Correction released a preliminary report on Rikers Island’s controversial new isolation facility, the Enhanced Supervision Housing Unit (ESHU). The $14.8 million ESHU was proposed to house 250 of Rikers’ so-called “most dangerous” inmates– a small minority of the prison population that officials claim is responsible for the majority of inmate violence.

Amid federal, state and municipal investigations and a seemingly endless stream of lawsuits alleging horrendous civil rights violations, city officials vowed to change the abusive and dysfunctional culture of the Department of Correction.

The opening of the ESHU at the beginning of this year is one of the first and only of the proposed reforms to have been implemented so far.

Meet the ESHU

Basic demographic information on the 18 ESH inmates

Basic demographic information on the 18 ESH inmates

Like the rest of Rikers Island, the overwhelming majority of people confined to the ESHU are young black males: the report says that 72% are African American and the average inmate is in his mid-20’s.

Despite promises to divert mentally ill prisoners from the ESHU, 13 of the 18 inmates (72%) living there have been given an “m status.”

28% of ESH inmates came directly from punitive segregation and 6% came from long-term isolation units known as Restrictive Housing Units (RHU).

ESH inmates averaged 129 days in punitive segregation in the past year. The Board notes that “with the recent punitive segregation restrictions of no more than 30 consecutive days or 60 days within any six month period, inmates who have maxed out their time in punitive segregation (which includes RHU) may be transferred to ESH.” They promise to closely watch the flow of inmates from punitive segregation to the ESHU.

Continue reading

Thousands of immigrant prisoners moved to undisclosed locations after protesting conditions

Nearly three thousand immigrant prisoners are being transferred to undisclosed federal facilities after a two-day demonstration against indecent living conditions and medical care left the Willacy County Regional Detention Facility in need of repairs.

Willacy is a private prison operated by the Management and Training Corporation (MTC), where thousands of inmates are housed in khaki-colored Kevlar domes. Located less than an hour north of the Mexico border in the town of Raymondville, Texas, the tent-city prison has been given the nickname Ritmo for its oppressive conditions and resemblance to Guantanamo Bay. It is one of thirteen private Criminal Alien Requirement facilities in the country receiving millions in taxpayer dollars to incarcerate immigrant offenders on behalf of the federal Bureau of Prisons (BOP).

The demonstration began on Friday morning when prisoners refused to leave their housing units for breakfast, telling guards they would not work or do their chores. “After speaking with the inmates, we learned some were unhappy with the medical services and were demonstrating to make their concerns known. The warden and other facility leaders met with the offenders to attempt to resolve their concerns and provide a resolution,” an MTC spokesperson later told reporters.

At 12:15pm, prison officials ordered the facility be put on lock-down. At 1:40pm, inmates were breaking out of their housing units and into the recreation yard. Small fires were set inside 3 of those units soon after. Thousands of prisoners were in the yard in the span of 20 minutes.

By this point, according to the Valley Morning Star, around 40 law enforcement vehicles had parked on the other side of the fence. Guards were firing tear gas into the yard. A helicopter hovered overhead carrying an officer brandishing an assault rifle.

Concerned families of Willacy prisoners gathered outside seeking more information. They watched as medical and law enforcement vehicles rushed past them towards the facility. Continue reading

Montana legislature debuts bill prohibiting solitary confinement for minors, seriously mentally ill

A bill introduced in the Montana House of Representatives this week would curb the use of isolation in state prisons. The Montana Solitary Confinement Reform Act (or House Bill 490) was introduced by Democrat Jenny Eck and would ban solitary confinement for people under the age of 18 and those with severe mental illness. It would also introduce due process and appeal measures for inmates facing solitary and require weekly mental health evaluations for isolated inmates.

Over much of the past decade, prisoners in Montana have endured anguish and abuse in the state’s isolation units. In 2012, Montana reached a settlement with the American Civil Liberties Union (ACLU) in the case of a mentally ill juvenile detainee named Raistlen Katka. Katka was placed in solitary confinement for damaging prison property when he was just 17. The lawsuit stated he was “so traumatized by his deplorable treatment in the Montana State Prison that he twice attempted to kill himself by biting through the skin on his wrist to puncture a vein.” Katka later explained to a judge, “My thought process was if I don’t die, at least I’ll get out of my cell for 30 seconds.”

In the Katka settlement, Montana agreed to limit the amount of time young prisoners could spend in solitary confinement to 72 hours without additional approval. The state agreed to improve its treatment of mentally ill inmates in isolation as well.

But the situation had hardly improved one year after Katka. In a letter sent to Montana state officials, the ACLU and Disability Rights Montana (DRM) detailed the findings of a December 2013 investigation into the conditions facing mentally ill inmates in solitary, where they found that medication was routinely withheld from inmates and some were deliberately left undiagnosed by medical staff. They discovered mentally ill prisoners were being locked in isolation for extended periods of time — sometimes for a full 24 hours without exercise. Many of them were still deprived of basic necessities like proper food, clothing, bedding and human contact.

By April 2014, DRM announced it was suing Montana for the “cruel and unusual punishment” of its mentally ill prisoners, arguing their treatment violated the Constitution.

If this year’s HB490 is enacted, Montana state prisons would be required to put safeguards in place to stem this seemingly-uninhibited flow of inmates into its isolation units. Continue reading

CCA is on Both Sides of the Arizona Attorney General Race

I knew Corrections Corporation of America (CCA) had a strong presence in Arizona, but until last night’s Attorney General debate, I didn’t know the extent to which it was involved in this year’s election:

The candidates also sparred over [Republican Mark] Brnovich’s lobbying on behalf of private prisons. [Democrat Felicia] Rotellini cited his efforts to kill legislation that would ban companies from bringing violent criminals into Arizona from other states.

“Mr. Brnovich can’t get around the fact that his judgment was such that for a profit, for his own economic profit, he thought it was better to kill a piece of legislation that would (block) killers, rapists, into the state of Arizona,” she said.

Brnovich defended private prisons, saying they free up state prison construction money for other uses.

“I have spent most of my career putting people in prison, and yes I’ve worked for the Corrections Corporation of American to keep people there,” he said. This isn’t a partisan issue. Both Democratic and Republican governors have used private prisons in order to incarcerate individuals.”

He attacked Rotellini for taking contributions from Dennis DeConcini, who was on Corrections Corporations’ board until May.

“She’s comfortable taking money from the private prisons but now she wants to criticize Arizona for using them,” he said.

“That’s making a big assumption, that simply because I get a contribution from somebody that means I’m somehow going to be beholden to them,” Rotellini said while noting that she has thousands of contributors.

You can watch the debate from Arizona’s PBS affiliate. Continue reading

Peaceful Inmate Protest Highlights Dysfunction and Disservice of CCA’s Ohio Private Immigrant Prison

There is rightful anger at Correction Corp. of America’s failures in response to a 14-hour, 250-inmate protest at their for-profit Northeast Ohio Correctional Center in Ohio. But any critique that does not discuss the actual protest and its context is missing the point.

Inmates appear to have reached a breaking point in their tolerance for poor living conditions at NEOCC, and given CCA’s alarming track record at the facility, we should be paying close attention:

CCA first operated a for-profit prison in Ohio when it opened NEOCC in 1997. In its first 14 months of operation, the facility experienced 13 stabbings, two murders, and six escapes. The city of Youngstown eventually filed a lawsuit against CCA on behalf of the prisoners. Even after those tragedies, CCA still operates the prison today.

These inmates knew they would be risking severe punishment and retaliation for their decision to disobey orders to return to their cells. They knew this action could provoke violence from militarized guards, or a possible stint in solitary. They knew they could lose access to their families and communities through a punitive reduction in visiting hours and phone calls.

Still, in light of these potential consequences, between 250 and 400 of them decided it was still worth doing for 14 whole hours. Even as guards began preparing chemical munitions and setting up command posts to confront a peaceful demonstration, the prisoners refused to back down.

CCA should have been completely transparent about the protest from the beginning, but instead attempted to keep the situation under wraps. After all, it doesn’t make CCA look good for there to be allegations of mistreatment and mismanagement, nor when inmates are disobeying commands in order to protest about them. Continue reading

Michigan Gov. Rick Snyder Shuts Press and Public Out of Aramark Prison Food Controversy

In both Michigan and Ohio, Aramark stands accused of unsanitary food service conditions and meal shortages. Ohio announced it is developing plans to invite health inspectors into its prison kitchens to evaluate “cleanliness and food safety, just like restaurants” — a much-needed buffer of oversight for the prison food supply in that state.

But Michigan is moving in the totally opposite direction. The Detroit Free Press reports that Governor Snyder is taking oversight of Aramark’s contract away from the Department of Corrections and bringing it into his office, which is exempt from Michigan’s public disclosure laws. The unions are right to fear that this move will inevitably “shield problems with the contract from public scrutiny.” Continue reading

CCA Settles Overtime Lawsuit in Kentucky; Pays $260,000 to Shift Supervisors

Before we begin, let me say I love Prison Legal News. They have excellent news reporting AND tireless, intelligent activism that undermines the secrecy surrounding the prison industrial complex.

You can imagine my delight when I came across this report that PLN got a US District judge to unseal a $260,000 settlement between CCA and a group of shift supervisors in Kentucky who were denied overtime, arguing it was in the public interest.

The details are as follows:

Corrections Corporation of America, based in Nashville, Tennessee, paid the money in November to end a lawsuit brought by 25 employees of the now-shuttered Marion Adjustment Center in St. Mary’s, Kentucky. The former employees took $129,000 of the settlement. Plaintiff’s attorneys received $131,000.

The group claimed in a 2012 lawsuit that CCA denied them overtime after forcing them to work extra hours. CCA has denied the allegations.

Of the 25 people receiving payouts from the settlement, two got $10,300 checks, one got $10,800 and the rest amounts ranging from $1,200 to $9,100. As part of the settlement, CCA denied any wrongdoing.

The report also goes on to say that “Kentucky officials estimated the state saved $1.5 million to $2.5 million per year by not renewing the contract,” which is a powerful strike against the oft-repeated argument that prison privatization saves states money.

What’s most important here is we have evidence of a legal challenge against CCA that substantiates other reports of understaffing/overworking at private facilities. Forcing fewer staff to work longer hours without paying them overtime is one of the ways for-profit prisons cut costs and maximize profits, but the consequences are often high levels violence, inadequate food and health services, and squalid living conditions for inmates.

We also now have another instance on the record where a US District judge has agreed to unseal a private prison’s settlement in the public interest, which should help other journalists and advocates do the same.

While these issues may continue to plague staff and inmates, the unsealing of this settlement constitutes a significant chip in the armor of secrecy that surrounds private prisons.