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Archive for the ‘ALEC, American Legislative Exchange Council’ Category

So far Gov. Bobby Jindal, flush from his re-election last fall, has chosen two pro-business groups to announce sweeping reform efforts for his second term, unveiling his education reform at the annual meeting of the Louisiana Association of Business and Industry and proposed state employee pension plan changes to the Baton Rouge Rotary Club.

Selecting friendly venues for major announcements seems to be the preferred method for Jindal who wisely eschewed teachers groups and state employee gatherings to unveil his agenda. Louisiana Public Service Commission (PCS) Chairman Foster Campbell observed that had he revealed his proposed pension program to state employees, “they’d have booed him out of the room.”

And while he has yet to address state corrections, you can be certain he has state prison privatization squarely in his crosshairs. All those private prison companies did not contribute to his election campaign just for the fun of it.

Only last Wednesday, the Florida Senate Budget Committee, at the urging of Jindal’s fellow Republican Gov. Rick Scott, passed a bill to privatize 29 South Florida prisons—to turn them over to for-profit companies that would be required to produce cost cuts of 7 percent below the cost of state-run facilities.

But there’s a more ominous undercurrent to that bill that gives the Florida governor far-reaching powers to expand privatization to other agencies. Under the latest proposals, an agency would not have to report its privatization of a program until after a contract is signed. The bill also will eliminate the legal requirement to perform a cost-benefit analysis before privatizing any governmental function.

Doing away with the cost-benefit analysis reveals in no uncertain terms just how little concern Scott and his allies have about real savings. Don’t for a minute think that Jindal is not in constant contact with Scott on that particular nuance. After all, Jindal did travel to Florida to campaign for Scott’s election. And don’t for one minute think that Jindal is concerned about savings or of the welfare of state employees. It’s all about money—campaign money.

Jindal’s second effort at privatization is a certainty but it is nevertheless worthwhile to take a look at the dollars and cents of privatizing prisons.

Of the 50 states, Louisiana sits alone at the top with the highest prison incarceration rate in the nation at 858 per 100,000. Mississippi is second at 749 per 100,000.

In absolute numbers, Louisiana ranked 11th in the nation in actual prison population in 2007 (37,341) even though the state was 25th in population. Those numbers likely have only increased in the past five years. From 1990 to 2004, Louisiana’s prison population nearly doubled, increasing by 98.6 percent, from 18,600 to 36,900, federal records show.

The U.S., with more than two million prisoners, ranks highest in the world, nearly half-a-million more than number-two China. The U.S. also has the highest per capita number of prisoners with 715 per 100,000. Russia is a distant second with 584 prisoners per 100,000 population.

So, if the U.S. has the highest rate of imprisonment in the world and Louisiana has the highest rate in the U.S. that gives Louisiana the highest rate of imprisonment in the world.

So, what does all this mean in the terms of costs to house, feed and care for all these prisoners? That, after all, would appear on the surface to be the consideration uppermost in Jindal’s mind: saving the state beaucoup money.

In August of 2011, the Vera Institute of Justice, with offices in Washington, D.C., New Orleans and New York City, conducted a survey to determine the total cost of prisons in fiscal year 2010. Thirty-nine of the 50 states responded to the survey which provided some rather interesting figures. That cost is computed on the basis of what the state spends over and above the amounts budgeted for prisons. The additional costs include, but are not limited to, pension liabilities, medical care, inmate education and training, capital construction, legal and administrative costs.

Louisiana had a per prisoner cost of $17,486 in 2010 ($47.91 per day), fourth lowest of the 39 responding states. By comparison, Kentucky’s annual cost per prisoner was $14,603 and Alabama’s was $17,285.

Louisiana’s annual cost per prisoner paled in comparison to several other states. Florida ($20,553), Georgia ($21,039), Texas ($21,390, Missouri ($22,350), Arkansas ($24,391), Arizona ($24,895), Ohio ($25,814), and North Carolina ($29,965) all had higher annual per-prisoner costs.

But five other states’ annual costs per prisoner really soared. Illinois had an annual per-prisoner cost of $38,268, followed by Pennsylvania ($42,339), California ($47,421), New Jersey ($54,865) and New York ($60,076), nearly three-and-one-half higher than Louisiana’s.

The one statistic that Jindal is almost certain to roll out when he makes his inevitable push to privatize Louisiana’s prisons will be the cost per taxpayer. So, let’s take a look at those numbers as well.

Of the 39 responding states, 21 did in fact have lower costs than Louisiana’s per-taxpayer cost of $698.40 per annum, putting the state almost squarely in the middle of the pack. In North Dakota, for example, the per-taxpayer cost was a paltry $58.10. Others, like Oklahoma ($453.40), Alabama ($462.50) and Missouri ($680.50) were closer to Louisiana’s figures.

But then there are states like Arizona ($1,003.60), Georgia ($1,129.90), North Carolina ($1,204.70), Michigan ($1,268), Ohio ($1,315.50), New Jersey ($1,416.70), Illinois ($1,743.20), Pennsylvania ($2,044.30), Florida ($2,082.50), Texas ($3,306.40), New York ($3,558.70), and California ($7,932.40).

Let those last few numbers sink in: Florida’s annual per-taxpayer cost of housing and caring for prisoners is three times Louisiana’s cost. The yearly per-taxpayer rate for Texas is 4.7 times Louisiana’s rate and New York’s rate is five times Louisiana’s per-taxpayer rate. And then there is California where the per-taxpayer rate of $7,932.40 per year is a whopping 11.3 times that of Louisiana.

So, just how will Jindal sell his economic plan for prisons when so many states have both higher per-prisoner and per-taxpayer costs associated with housing, feeding and caring for prisoners?

That should be the number-one question for anyone to ask of Jindal who by now is so caught up in his own brilliance as to think himself infallible. How do you propose to save money when the state’s costs are already a mere fraction of many other states? It’s a question that demands an answer.

The answer, of course, is for the private companies to cut costs by slashing salaries and benefits, reducing the number of guards and taking a page from the charter school playbook: take only the best of the crop (best being a relative term).

A betting man could make a few bucks by making a wager that sick prisoners requiring expensive medical care and violent prisoners requiring tighter security (read: more guards) will not be taken by the private operators. Those will be left to the state’s care. Bet on it.

Below are the rankings in terms of per-prisoner cost and per-taxpayer cost for the 39 responding states:

ANNUAL PER PRISONER COST (BY STATE)
Kentucky $14,603
Indiana $14,823
Alabama $17,285
Louisiana $17,486
Kansas $18,207
Oklahoma $18,467
Idaho $19,545
Florida $20,553
Nevada $20,656
Georgia $21,039
Texas $21,390
Missouri $22,350
Arkansas $24,391
Arizona $24,895
Virginia $25,129
Ohio $25,814
West Virginia $26,498
Michigan $28,117
Utah $29,349
North Carolina $29,965
Montana $30,227
Iowa $32,925
Delaware $32,967
New Hampshire $34,080
Nebraska $35,950
Wisconsin $37,994
Illinois $38,268
Maryland $38,383
North Dakota $39,271
Minnesota $41,364
Pennsylvania $42,339
California $47,421
Rhode Island $49,133
Vermont $49,502
Connecticut $50,262
Washington State $51,775
New Jersey $54,865
Maine $56,269
New York $60,076

ANNUAL PER TAXPAYER COST (BY STATE)

North Dakota $56.20
Montana $76.00
New Hampshire $80.30
Vermont $111.30
Maine $132.90
Idaho $144.70
Kansas $158.20
Nebraska $163.30
West Virginia $169.20
Rhode Island $172.10
Utah $186.00
Delaware $215.20
Iowa $276.00
Nevada $282.90
Kentucky $311.70
Arkansas $326.10
Minnesota $395.30
Oklahoma $453.40
Alabama $462.50
Indiana $569.50
Missouri $680.50
Louisiana $698.40
Virginia $748.60
Maryland $836.20
Washington State $838.40
Wisconsin $874.40
Connecticut $929.40
Arizona $1,003.60
Georgia $1,129.90
North Carolina $1,204.70
Michigan $1,268.00
Ohio $1,315.50
New Jersey $1,416.70
Illinois $1,743.20
Pennsylvania $2,055.30
Florida $2,082.50
Texas $3,306.40
New York $3,558.70
California $7,932.40

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Follow the money.

It’s an axiom as old as politics itself and it is clearly evident in the examination of efforts to privatize various segments of state government in Louisiana.

Take state prisons and public education as two cases in point. The Jindal administration is pushing for both against stiff opposition. But outside influence is being brought to bear that would seem to tilt the scales heavily in the favor of the administration.

Take the organization once known as All Children Matter, headed up by one Elizabeth DeVos. The organization changed its name to the American Federation for Children after All Children Matter was fined $5.2 million for campaign money violations in 2006.

All Children Matter made 56 campaign contributions totaling more than $67,000 between November 2003 and January 2010. Those 56 contributions ranged from as little as $500 to as much as $2,000 to a host of Louisiana candidates, including $1,000 in 2007 to Lt. Gov. Jay Darden, then running for secretary of state; five donations totaling $6,500 to State Sen. Ann Duplessis. Duplessis was rejected in June of this year by the Louisiana Senate as Jindal’s nominee to serve on the LSU System Board of Supervisors.

While All Children Matter did not contribute directly to Jindal’s three gubernatorial campaigns, Elizabeth DeVos and husband Richard made six individual contributions to Jindal totaling $16,000 between June of 2003 and August of 2008.

Elizabeth DeVos’s brother Erik Prince heads up Xe Corp., formerly Blackwater, a firm that gained considerable notoriety for privatizing warfare as the largest supplier of mercenary soldiers in the world.

The Walton family, long a proponent of charter schools, also contributed $13,500 to Jindal from June of 2003 to September of 2007.

K12 contributed $5,000 to the Jindal campaign in September of 2007 and in October of 2011, gave $1,000 to the campaign of State Sen. Jean-Paul Morrell (D-New Orleans) and $500 to Board of Elementary and Secondary Education (BESE) candidate Holly Boffy (R-Lafayette).

K12, Inc., based in Reston, VA., is funded by the Milken Family Foundation and is run by Lowell Milken. It is the brainchild of Lowell Milken’s brother Michael Milken, the Wall Street “junk bond king,” who was jailed for violation of U.S. securities laws.

Students First of Baton Rouge contributed $5,000 to the campaign of BESE member Chas Roemer in September of this year. The founder and national CEO of Students First is Michelle Rhee, better known as the former chancellor of the Washington, D.C. public school system where suspiciously high test-score gains in 41 Washington schools while she was chancellor led to revelations of a high rate of erasures by teachers. In one class, 97 percent of erasures were from wrong answers to correct ones.

With prison privatization, things are pretty much the same.

A private operation of prisons is a high-dollar enterprise worth millions to the private owners. States and the federal government each pay private operators to house prisoners and private prison owners are clamoring for the business, thanks to legislation successfully pushed by the conservative American Legislative Exchange Council (ALEC).

In addition to charging the state and federal governments on a per diem basis, private-run prisons also make money in other ways.

In Florida, minimum security inmates produce tons of beef, chicken and pork for Prison Rehabilitative Industries and Diversified Enterprises (PRIDE) at 20 cents per hour for re-sale to schools to feed students–at considerable mark-ups.

ALEC has worked diligently to pass state laws to benefit two of its major corporate sponsors, Corrections Corporation of America (CCA) and the GEO Group. One of those laws was SB 1070, Arizona’s notorious immigration law that helps keep CCA prisons filled to capacity with immigrant detainees.

The Prison Industries Enhancement (PIE) Certification Program has allowed the State of Florida to pay minimum wage to prisoners for PIE-certified work. But 40 percent is taken out of their accounts for room and board—the rent of cell space to offset the costs of incarceration, a requirement not too many would object to. They are, after, all prisoners serving time for crimes.

But the regulations specifically forbade the shipment of prisoner-made goods such as furniture, solar panels, and even guided missile parts across state lines.

The Prison Industries Act changed that by allowing a third-party company to set up a local address in a state that makes prison goods, buy the products from a prison factor, sell them locally or surreptitiously ship them across state lines.

Texas State Rep. and ALEC member Ray Allen drafted the Prison Industries Act in that state. Soon after, the PIE program was transferred from the Department of Justice’s Bureau of Justice Assistance to the National Correctional Industries Association (NICA).

NICA is a private trade organization that just happened to be represented by Ray Allen’s lobbying firm, Service House, Inc. In 2003, Allen was appointed Chairman of the Texas House Corrections Committee and began pushing the Prison Industries Act and other legislation beneficial to CCA and GEO Group, such as the Private Correctional Facilities Act, nationally. Soon after that, Allen became Chairman of ALEC’s Criminal Justice Task Force (now ALEC’s Public Safety and Elections Task Force). In 2006, Allen resigned from the state legislature while still under investigation for unethical lobbying practices.

He was hired soon after that as a lobbyist for the GEO Group.

Jindal tried this year and will likely repeat efforts to privatize at least three state prisons to placate campaign contributors.

Two of those prisons, in Allen and Winn parishes are already leased to private operations—GEO Group of Boca Raton, Florida (Allen) and Corrections Corporation of America (CCA) of Nashville, Tennessee (Winn).

Another local company, LaSalle Southwest Corrections of Ruston, would like a piece of that action. LaSalle already operates 12 facilities in Louisiana and Texas.

LaSalle contributed $12,000 to Jindal in four separate transactions between December of 2005 and November of 2008 and also contributed $1,500 to former Gov. Kathleen Blanco in November of 2004. LaSalle also contributed $500 to state senate candidate Rep. Richard Gallot of Ruston in July of this year.

In all, LaSalle gave $20,500 in 11 separate campaign contributions between December of 2006 and July of 2011. Others included:

• State Rep. Charles Chaney (R-Rayville), $1,000 in July of 2011;

• Jason Bullock (R-Ruston), who is in a runoff in House District 12;

• Ken Bailey, a Democrat who won the race for Claiborne Parish sheriff;

• James Paxton, district attorney for the Sixth Judicial District, $1,000 in June of 2008;

• Leah Sumrall, candidate for Ouachita Parish Clerk of Court who finished fourth, $2,500 in July of 2011.

Those contributions were dwarfed, however, by the political contributions of GEO and CCA.

CCA gave $5,000 in two separate contributions to Jindal in November of 2008 and in November of 2009. CCA also contributed $1,000 to Blanco in November of 2003.

Other CCA contributions included:

• Sen. Robert Kostelka (R-Monroe) in December 2009;

• State Sen. Lydia Jackson (D-Shreveport), $500 in November of 2010;

• State Sen. Robert Adley (R-Benton), $500 in January of 2010;

• State Rep. James Armes, III (D-Leesville), two contributions of $500 each in September 2010;

• State Rep. Billy R. Chandler (R-Dry Prong), three contributions of $500 each in January and September of 2010 and October of 2011;

• State Sen. Jack Donahue (R-Mandeville), $500 in January 2010;

• State Rep. Eddie Lambert (R-Gonzales), two contributions of $500 each in December 2009 and September 2010;

• Former State Sen. Kenneth M. (Mike) Smith (D-Winnfield), three separate contributions of $500 each in October of 2003, November of 2004, and April of 2005);

• House Speaker James W. “Jim” Tucker (R-Terrytown), $500 in December 2010.

GEO gave $10,000 in two separate $5,000 contributions to Jindal in June of 2007 and August of 2008 and $5,000 in September of 2004 and $1,000 in February 2007 to Blanco.

GEO, looking further into the political structure, also gave $1,000 to State Treasurer John Kennedy in November of 2005. Kennedy, as state treasurer, oversees the State Bond Commission which approves bonds to finance state construction projects, including prisons. The bond commission also could issue bonds to finance private construction as well.

GEO also made the following contributions:

• House Appropriations Committee Chairman James Fannin (D-Jonesboro), two separate contributions of $500 each in March of 2010 and March of 2011;

• Former Sen. James David Cain (R-Dry Creek), three separate contributions of $2,500 each in June of 2006 and November of 2007 (Cain was a candidate to return to his Senate seat this year and is in a runoff);

• Rep. Patrick Cortez (R-Lafayette), $500 in March of 2008;

• Sen. A.G. Crowe (R-Slidell), two contributions of $1,000 each, both in October of 2007;

• Former Sen. Ann D. Duplessis (D-New Orleans), $1,000 in October 2007;

• State Rep. and ALEC President Noble Ellington (R-Winnsboro), $500 in March of 2010;

• Sen Francis Heitmeier (D-New Orleans), $1,000 in August 2006;

• Rep. Dorothy Sue Hill (D-Dry Creek), four separate contributions of $1,000, all on October 21, 2011, and two separate contributions of $500, both on Feb. 16, 2009;

• Sen. Eric LaFleur (D-Ville Platte), $1,000 in April of 2009;

• Sen. Gerald Long (R-Winnfield), two contributions of $1,000 each, both in October 2007;

• Sen. Daniel Martiny (R-Metairie), five contributions of $1,000 each, two on Oct. 19, 2007 and one each in April 2008, April 2009, and February of 2011, and one $500 contribution in March 2010;

• Sen. Mike Michot (R-Lafayette), $1,000 in November of 2007;

• Sen. Ed Murray (D-New Orleans), nine separate contributions, including two of $1,000 each on Oct. 20, 2007, and seven of $1,000 each on Nov. 5, 2007. (The cumulative $9,000 contributed to Murray over a 16-day period would appear to violate the $5,000 contribution limitation.);

• Rep. Joel Robideaux (R-Lafayette), $500 in March 2008;

• Rep. Ernest Wooton (I-Belle Chase), two contributions of $500 in March 2008 and March 2010;

• Congressman Steve Scalise (R-Jefferson Parish), two $1,000 contributions, both on Oct. 18, 2007;

• V.J. St. Pierre, parish present of St. Charles Parish, $500 in March 2010.

GEO hedged its bets by two contributions of $5,000 each to the Republican Party of Louisiana in March and May of 2009, another $1,000 in September 2009 and $2,500 in December 2010 ($13,500 total), and then had one contribution of $2,500 in May 2006 to the Senate Democratic Campaign Committee of Louisiana and three more of $3,000 each in May 2009, June 2010, and May 2011. In addition, Geo contributed $3,000 in June 2011 to the House Democratic Campaign Committee of Louisiana, bringing the total contributed to the Democratic Party to $14,500.

Interestingly, 13 of the legislators receiving contributions from LaSalle, GEO and CCA are members of the Joint Legislative Committee on the Budget–the body which must approve any contracts between the Department of Corrections and these companies.

Those committee members include Chairman Fannin, Vice Chairman Michot, Chaney, Lydia Jackson, Armes, Donahue, Lambert, Tucker, Cortez, Ellington, LaFleur, Long and Murray.

Follow the money.

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BATON ROUGE (CNS)—One of the primary forces behind the systematic elimination of public schools, the privatization of government, and the widespread implementation of the Milton Friedman school of economic principles is the American Legislative Exchange Council (ALEC).

The organization, founded in 1973 by conservative activists, ALEC has drafted a list of radical legislation it plans to propose in Republican-controlled states in an apparent effort to duplicate the so-called “shock doctrine” forced on countries in South and Central America in the 1980s and 1990s with disastrous results.

Louisiana Legislator Rep. Noble Ellington (R-Winnsboro) last December said, “Never has the time been so right” to plan the radical reshaping of policies in the states. His remarks were made at a gathering of conservative legislators in Washington on the heels of the midterm elections that saw Republicans seize majorities in both legislative chambers and governorships in 21 states.

The event was the “States and Nation Policy Summit” and it featured such heavy hitters as Texas Gov. Rick Perry, former House Speaker Newt Gingrich, and House Majority Leader Eric Cantor.

Calling itself “the nation’s largest non-partisan, individual public-private membership association of state legislators, ALEC will hold its 2011 annual meeting, “Solutions for the States,” in New Orleans for six days, beginning Monday at the Marriott.

Charter schools are one of the organization’s main showcases, so the timing of the annual meeting couldn’t be worse, given the ongoing investigations of two charter schools in New Orleans and Baton Rouge into allegations of abuse, mistreatment, neglect, and cheating.

The highlight for attendees, of course, will be the appearance of free market wunderkind Gov. Bobby Jindal who will be the featured speaker at the organization’s plenary lunch on Wednesday at 11:30 a.m.

ALEC’s proposed legislation must first meet the approval of corporate donors who have veto power over language contained in the legislation which in turn, is developed by secretive task forces out of the view and scrutiny of the public.

The task forces cover every imaginable issue from education to health policy, from union-busting to privatization of schools and government, from global warming to industry deregulation.

ALEC’s agenda tracks the agenda of the late economist Milton Friedman who sent his disciples into Brazil, Venezuela, Chile, Poland, Russia, China, Indonesia, and several other countries in the wake of natural or man-made disasters to institute privatization of government programs and industries before the citizens could recoup their senses.

Friedman specialized in earthquakes, revolutions, and tsunamis, moving in and instituting radical change in economic and political policies. That pattern was followed with the public school system in the wake of Hurricane Katrina in New Orleans with many formerly public schools now being operated by corporate-run charters.

Invariably, when Friedman’s economists moved in, the chasm between the super rich and the super poor grew ever wider as unemployment soared when jobs disappeared, people lost their homes, and inflation made local currency worthless. It was then that U.S. corporations moved in and purchased state-owned mines and manufacturing plants for pennies on the dollar.

In 2007, ALEC made its most ambitious and strategic push for privatization of education with its publication, School Choice and State Constitutions, which proposed a list of programs tailored to each state.

ALEC’s 2010 Report Card on American Education challenged members to “transform the system, don’t tweak it.”

After what has occurred with the Abramson Science and Technology Charter School in New Orleans earlier this month and now the ongoing revelations at Kenilworth Science and Technology School in Baton Rouge, someone needs to tweak something. The State Department of Education has already pulled Abramson’s charter and now Kenilworth is under investigation.

Both schools are operated by Pelican Educational Foundation which has ties to a Turkish-run, Houston-based firm, Atlas Texas Construction and Trading and Atlas vice president Inci Akpinar.

Louisiana Department of Education investigator Folwell Dunbar, who investigated complaints against Abramson last year, reported that Akpinar attempted to bribe him in an effort to smooth over problems at the school but nothing was done until a year later when the state auditor began an investigation.

Only then did the Department of Education take decisive action by revoking Abramson’s charter—and firing both Dunbar and his supervisor, Jacob Landry.

Apparently ALEC’s 2010 Report Card on American Education has its own definition of transformation: shoot the messenger.

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