Louisiana Voice

The American Correctional Association (ACA) is an organization riddled with conflicts of interest, lacks transparency, and is subject to zero accountability even though millions in taxpayer dollars to flow to the ACA and private prison companies, according to a US SENATE INVESTIGATIVE REPORT spearheaded by Sen. Elizabeth Warren (D-Massachusetts).

The Accreditation Con: A Broken Prison and Detention Facility Accreditation System that Puts Profits Over People is a 16-page indictment of ACA, which the report says is little more than a rubber stamp for accreditation that “has two primary and conflicting functions: accreditor and trade association.

“The ACA acts as both a representative of private prisons and a guarantor of their quality, presenting an irreconcilable conflict of interest,” the report says.

Not so, says Ken Pastorick, communications director for the Louisiana Department of Public Safety and Corrections.

“There is not a conflict of interest,” he said “The accreditation is based upon reaching an objective set of national standards. The audit is performed by independent corrections experts from other states who are not ACA employees. ACA provides the accreditation service to correctional organizations and appears before congress or state or local legislatures if they are asked on specific subjects that relate to corrections.” 

As an accreditor, the ACA is responsible for providing prisons and detention facilities with a stamp of approval that is often required by their contracts with federal, state, and local governments. At the same time, the association serves as the primary lobbyist for private prisons – acting as the “the voice for corrections” The ACA relies on fees paid by corrections facilities it accredits for a large chunk of its revenue, the report says.

Documents obtained as part of the investigation reveal that, from 2014 to 2018, the ACA received over $48 million in revenue. Almost half of that amount – $21.9 million – came from accreditation fees and payments. The ACA receives millions in accreditation fees from federal, state, and local governments as well as private prisons and detention facilities.

The ACA Board of Governors includes representatives from the private prison industry, the report pointed out. The Executive Committee includes Derrick Schofield, who also serves as an Executive Vice President at GEO, and Gary Mohr, a former consultant and managing director for CoreCivic. The Standards Committee also includes “one [member] each from GEO and CoreCivic,” and the former Chair of the Standards Committee, Harley G. Lappin, is now a member of the Board of Directors at CoreCivic. Moreover, the CAC includes a Managing Director of Operations for CoreCivic and GEO’s Reentry In-Prison Treatment Vice President.

Indeed, one of ACA’s past presidents is RICHARD STALDER who served in that capacity in 1993 while he also was the Louisiana DOC secretary. Simply put, he was president of the organization that was responsible for the accreditation of Louisiana prison facilities his state agency ran.

Pastorick, who noted there is no pay for service on the commission, defended the practice. “ACA members who are corrections professionals are eligible to run for these positions, and they are elected by ACA membership. Elected individuals sign conflict of interest statements. Commission on Accreditation members do not play a role in the accreditation of their own institutions.”

But Stalder once canceled spending on psychiatric counseling for troubled teens so that he could give out $2.7 million in raises to his staff.

Pastorick pointed out that in the early 1990s, federal judge Frank Polozola signed an order removing David Wade Correctional Center from federal oversight following an ACA accreditation. “In the years to follow, as other DOC institutions met the national standards and became ACA accredited, the Federal Judge removed those facilities from Federal oversight,” he said. “So yes, being ACA accredited is a prudent investment for the taxpayers of Louisiana. Using a national set of standards is a way to maintain a prison system in a constitutional manner.”

In 1998, however, the Jena Juvenile Center came under fire for widespread problems, including a near-riot, poor teaching and security and physical abuse and in 1999 the juvenile facility in Tallulah was taken under state control after five years of repeated problems with private ownership despite its having received accreditation and a positive report only six months earlier from ACA and Stalder.

Stalder rejected all the claims, saying that he and his staff deserved “a pat on the back,” but in June of 1995, Federal Judge Frank Polozola criticized Stalder for the way in which he ran the state prison system.

In 1995, the ACA accredited all 12 prisons in Louisiana, passing the last two with scores of 100. That year, more than 125 prisoners sued Stalder for mistreatment within the prisons. Meanwhile, only a month after Angola prison of Louisiana was accredited, it was reported by The Baton Rouge Advocate that around $32 million was needed for repairs so the prison could meet safety requirements.

Today, there are only eight state-run prisons in Louisiana. C. Paul Phelps Correctional Cener, Forcht-Wade Correctional Center and J. Levy Dabadie Correctional Center all closed in 2012 and Steve Hoyle Rehabilitation Center was relocated in the Bossier Parish Correctional Center.

Besides the eight state-run prisons, there are three Immigration and Customs Enforcement (ICE) detention centers in Louisiana: LaSalle Detention facility in Jena, South Louisiana Correctional Center in Basile and an ICE Processing Center in Pine Prairie. The facilities in Jena and Basile are run by GEO.

ICE has its own detention standards, but the agency incorporates many ACA practices and requirements into its detention standards for single adults, the report says. And while ICE does not require ACA accreditation, it does “encourage” it, which helps to funnel additional money into the ACA coffers through private contract facilities.

Private prison companies rely on accreditation for access to generous government contracts and as a shield against claims that their facilities lack critical safeguards. CoreCivic, GEO, and MTC refer to their facilities’ ACA accreditation scores in response to negative reports.

LaSalle Corrections, a private prison company headquartered in Ruston which has experienced numerous problems with its facilities, operates 20 private prisons in four states, including five in Louisiana.

The accreditation standards are established by the ACA with no oversight by government agencies, and the organization basically sells accreditation by charging fees ranging from $8,100 to $19,500, depending on the number of days and auditors involved and the number of facilities being accredited.

“Every organization that does accreditation charges fees,” Pastorick said. “All Hospitals are accredited by Joint Commission on Hospital Accreditation, and they charge for accreditation. Police Departments are accredited by Commission on Accreditation for Law Enforcement, and they charge as well. Colleges and universities and crime labs are also accredited by organizations, and they are charged to be evaluated and accredited. We’re not the only operation that finds value in ongoing peer/commission review.” 

Perhaps it is only coincidence that LeBlanc served as a member of the ACA’s Commission on Accreditation for Corrections in 2016 or that then-Angola Warden Burl Cain is still listed as a member of  ACA’s Executive Committee that same year.

“The ACA’s accreditation process lacks rigor, ignores serious health and safety problems, and acts as a rubber stamp for private prisons and detention facilities,” the report says, and there is little reason to think it’s any different for government-run facilities.

Tomorrow: What to state facilities pay to receive ACA accreditation?