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Archive for the ‘Prison’ Category

Vendors who wished to provide prison pay telephone service were scheduled to have submitted their bid proposals this week, according to information received from the Louisiana Department of Corrections.

Prison telephone service is big business, profitable to the vendor and to the Department of Corrections but has been a source of controversy across the country for several years.

The Center for Constitutional Rights (CCR) has been conducting a long legal battle against what it terms as inflated collect phone call rates and “kickback commissions” paid to states.

Louisiana’s contract, awarded on a competitive bid basis, does not approach CCR’s claim of charges levied against prisoners’ families who are the ones who ultimately pay the cost of the phone calls. While CCR maintains that some phone services charge up to $6 per minute for calls (in California, the rate is about $3.50 per minute), Global Tel Link Corp. charges from 9 cents to 25 cents per minute, depending on the distance and time of day.

In addition to the per-minute charge, there is a surcharge for each phone call placed from any state correctional facility that varies from 80 cents to $4.50, depending upon whether the call is local or person-to-person collect. All charges are paid by the call recipient, not the prisoner and therein lies the rub.

CCR and an organization called the New York Campaign for Telephone Justice feel that the exorbitant charges are not only wrong, but illegal. New York State receives 57.5 percent of all profits from prisoner phone charges. That comes to about $200 million per year for New York. Global Tel Link pays Louisiana 55 percent under its contract.

Some of Louisiana’s commissions are spent on computer software and security.

“We are not challenging how the commissions are spent,” CCR said. “But the high rates for prison phone calls are being paid by the families of incarcerated people.”

Louisiana’s 12 prison facilities grossed slightly more than $3 million during fiscal 2009-2010, netting the state more than $1.6 million, state records show.

In some states, the practice appears to be more questionable. While Louisiana, with the largest rate of incarceration in the nation, generated only $3 million in phone bills in FY 2009-2010 charges to California prisoners’ families came to more than $120 million.

Not surprisingly, prison phone contracts are a prized commodity in other states. Some carriers offer California counties signing bonuses. In the case of Los Angeles County, the bonus for the 2004 contract was $17 million.

An investigation conducted by Associated Press revealed that California counties received more than $300 million in revenue from prisoner phone calls over a five-year period.

“It’s a gouging of family members, those who have never committed a crime, said Charles Carbone, an attorney with Prison Focus, a San Francisco-based prisoner rights group.

The California State Assembly passed a law in 2000 that would have required negotiating for lower rates but then-Gov. Gray Davis vetoed the bill, saying it would cost the state $30 million per year in revenue.

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State Rep. James R. “Jim” Fannin (D-Jonesboro) says he is opposed to Gov. Bobby Jindal’s proposal to sell state buildings as a means of raising needed one-time revenue in an attempt to offset a projected $1.6 billion state budget deficit this year.

At the same time, Fannin, chairman of the House Appropriations Committee said he is not averse to some other plans floated by Jindal, among them the sale of two state prison facilities in Winn and Allen parishes. Both facilities are state-owned but are privately managed by Corrections Corp. of America (CCA) of Nashville, TN., and the GEO Group of Boca Raton, Florida, respectively.

“I am willing to discuss the selling of the two prisons because they have been operating of a cost of $8 million to $9 million less than what it would cost the state to run them,” Fannin said. He added that if similar cost savings could be duplicated, he would be willing to consider similar actions with other state prison facilities.

He said selling state buildings would amount to the state’s having to pay for them twice. “We would have to pay off the bonded indebtedness on the buildings and the tenants, state agencies, would have to continue paying rent to the new owners,” he said. “That would put the state in the position of paying for the buildings twice for the benefit of receiving one-time money.”

Jindal has estimated the sale of the buildings, all built during former Gov. Mike Foster’s administration, would bring the stat approximately $400 million in one-time revenue.

Fannin also serves as Chairman of the Joint Legislative Committee on the Budget and is a member of the House Executive Committee, the Joint Legislative Committee on Capital Outlay, the Legislative Budgetary Control Council, and the State Bond Commission.

A resident of Jonesboro, his district includes all or parts of the parishes of Jackson, Bienville, Winn, and Ouachita.

Other proposals that he said he is willing to consider include privatizing the state’s PPO health care plan and borrowing from future proceeds (securitization) of the state lottery. He said news accounts that quoted him as saying he would support the use of $100 million of one-time money to help plug the anticipated budget deficit were inaccurate. “I am willing to use as much one-time revenue as the Revenue Estimating Committee sees in growth for Fiscal Year 2012-13,” he said.

“The state is projected to have $400 million in growth this year,” he said. “Even with a budget deficit, there is projected growth but that’s a far cry from making up a $1.6 billion deficit. The state has just come through what we call in business a flat year. But in business, when you have a flat year, you don’t simply close the business, you adjust. I wish we didn’t have to be where we are but the process (economy) has brought us to this point. I hope there will continue to be future growth so that we won’t have to keep kicking this can down the road.”

Fannin said Louisiana has been compared to Alabama because of the similarity in population. “Alabama has far fewer state employees than Louisiana,” he said. While acknowledging that Louisiana has a state-run charity hospital system and Alabama does not and many of Louisiana’s state workers are employed by that system, he said, “Maybe Alabama has managed to address its health-care needs without the necessity of a charity hospital system.”

He said one of his biggest concerns is in the area of professional contracts awarded by the state, particularly by the Department of Education. “It’s absurd to have so many professional service contracts out there,” he said. “Kennedy (Treasury Secretary John Kennedy) has been raising this as an issue. Many agencies get around the requirement to obtain approval of contracts of $50,000 or more by awarding a lot of contracts for just under the required reporting level. There’s a tremendous amount of waste in those contracts. I understand (Sen. Ben) Nevers (D-Bogalusa) has been critical of state contracts, too,” he said.

The Department of Education, meanwhile, has responded to recent articles about contracts awarded by that agency.

Education Department spokesperson Rene’ Greer said the printout of department contracts provided by Kennedy was misleading because many of the contracts were multi-year contracts. One, for example was a five-year contract for $193,000 for a warehouse lease but when listed it appeared to be the amount for a single year instead of being spread over five years.

Moreover, she explained, many of the contracts were federal dollars and were contracts required by the federal government. Others were paid with moneys that went to local school districts and were not direct expenditures of the department. Still others, she said, were inter-agency transfers. “By the time you calculate salaries, expenditures for the Recovery School District, and other mandated expenditures, there was really very little left in the way of discretionary funds for the department to spend,” she said.

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The Alabama firm that threatened to fire its employees who provide security for 15 Baton Rouge state office buildings for complaining about their bounced or non-existent paychecks has itself been fired.

Former security provider, Inter Parish Security Corp. (IPSC) of nearby Hammond was brought back in to complete the remainder of the contract term of JAT Bureau of Protective Services.

JAT, of Montgomery, Alabama, said in a December 6 memorandum to employees that complaints “will not be tolerated.” It said that any employee “found to be in violation of this police will be given a written warning,” and that “further violations would result in termination.”

Instead, JAT has been terminated and replaced by the company it replaced on Oct. 1 when it was awarded a million dollar contract after bid openings last August. JAT’s contract was to have run through June 30 of this year with unarmed guards receiving a minimum of $8.50 per hour and armed guards getting a dollar more per hour. Supervisors were to have received a minimum of $12 per hour under JAT’s contract.

JAT employed 74 guards in 15 Baton Rouge state office buildings, plus employees in other state buildings scattered across the state.

IPSC held the state contract for three years before being underbid by JAT.

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A state audit has criticized the Louisiana Department of Corrections for its failure to adequately monitor programs for state prisoners housed in local facilities.

The audit, performed the Louisiana Legislative Auditor, was for Fiscal Year 2009. It also noted that that while the number of offenders supervised by probation and parole officers increased over the past five fiscal years, the number of probation and parole officers decreased, creating even more of an average caseload that was already higher than nationally recommended standards.

While the audit acknowledged that the Department of Corrections currently saves more than $32 million annually by providing incarceration alternatives, additional cost savings could be realized by using electronic monitoring as an alternative to incarceration for non-violent, non-sexual offenders.

At $42.75 per day, Louisiana has the fourth lowest cost per day for housing offenders during Fiscal Year 2009 among the states in the Southern Legislative Conference, the audit report said. That could be because 19,651 prisoners are housed in local facilities at a cost to the state of $24.39, a savings of $18.36 per day per prisoner, or 42.9 per cent. That comes to a total savings of more than $360,000 per day.

The downside to the savings, the audit said, is that local jails and not the Department of Corrections make the determination whether an offender is placed in a state correctional facility or in a local jail. Moreover, the department has no program in place to evaluate the rehabilitation programs offered to its offenders housed in local jails. Nor does the department monitor the progress of offenders in such local programs.

The audit report further said the department, by analyzing recidivism rates by local jails, could better determine which local jails with which to have offender housing agreements.

“Louisiana may be incarcerating offenders longer than necessary based on a grant program that no longer provides the department money and has had no analysis of success,” the audit report said.

That grant program, the Violent Offender Incarceration and Truth-in-Sentencing Incentive Formula Grant Program, was initiated in 1996 and provided states with funding to build or expand correctional facilities or jails.

To be eligible for the grant, a state had to pass laws requiring those convicted of certain violent crimes to serve no less than 85 percent of the imposed sentence. Before implementation of the grant, Louisiana law required violent offenders to serve at least 75 percent of the sentence imposed before becoming eligible for parole.

In fiscal years 1996 to 1998, Louisiana received $37.8 million from the grant but from fiscal years 2008 to 2009, that amount dropped precipitously to only $739,290. During FY 2010, Louisiana received no money from the grant. “As a result, Louisiana may be incarcerating offenders longer than necessary without receiving any associated benefit,” the report said.

Local housing of state adult offenders accounted for a cost of $181.9 million, or 27.3 percent of the Department of Corrections total budget of $665.9 million.

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Earl Long is generally credited with the following quote:

“Don’t write anything you can phone. Don’t phone anything you can talk. Don’t talk anything you can whisper. Don’t whisper anything you can smile. Don’t smile anything you can nod. Don’t nod anything you can wink.”

And so it came to pass that one day just before the Christmas season in the year of our Lord 2010, Louisiana Gov. Bobby Jindal and his Chief of Staff Little Timmy Teepell were sitting across from one another at a table heavily laden with seasonal food winking at each other.

It was the governor who, breaking political protocol, interrupted the silence first.

BJ: I’m bored.

Little TT: Bored?

BJ: Yes, bored. I’ve been stuck here in the state for three whole days now.

Little TT: What do you suggest, Governor?

BJ: A road trip.

Little TT: But governor, all the elections are over. There’s no one to campaign for. And we’ve done the book tour thing.

BJ: Well, I’m bored. What can we do?

Little TT: Well, Governor, the natives are pretty restless. They think you should remain in the state a couple of weeks and work on the budget deficit.

BJ: TWO WEEKS!!!!?? Bor-ring!

Little TT: Seriously, Governor, we need to discuss ways to raise revenue for the state to offset an anticipated $1.6 billion budget deficit next year.

BJ: Isn’t there a hurricane or an oil spill or some other disaster that can give me face time on the TV cameras so I can act governorential?

Little TT: Governorential?

BJ: Yes. You know, where I go on TV and blame the federal government for everything.

Little TT: No there isn’t anything like that right now. Let’s talk about the budget.

BJ: I know! I can take the state helicopter to a little Baptist Church up in Shongaloo and give ‘em a stimulus check.

Little TT: We can do that on Sunday. Today’s Tuesday. Let’s talk about the budget until then.

BJ: All right. But it’s boring. There’re no TV cameras.

Little TT: That’s okay. You’ll get all the TV coverage you want if you solve the budget crisis.

BJ: Really? Oh, boy! What do we have to do?

Little TT: We need to take measures to raise cash to erase next year’s budget deficit.

BJ: That should be easy. I’m a Rhodes Scholar and (laughing) you’re a Roads Scholar. Isn’t that what you said in your interviews, you’re a Roads Scholar?

Little TT: That’s right, Governor, but remember, we were both absent on pothole day.

(Laughter.)

BJ: That’s funny. A Roads Scholar. Pothole day. I get it. What does that mean?

Little TT: Don’t worry about it. It was just a joke. Now to generate some revenue, we need to sell off some state assets.

BJ: Like what?

Little TT: Well, we can sell all those new state buildings that Governor Foster built and then lease the space back. That should gives us about a hundred million or so up front.

BJ: But didn’t I read somewhere once that selling any fixed asset on a sale-leaseback basis is an act of desperation triggered by cash flow problems?

Little TT: But that’s precisely where we are: We’re desperate because we have cash flow problems.

BJ: But it would place us, the seller, in the position as a long-term lessee. Isn’t that the same as a debtor or bond obligor? That seems like a quick fix to a long-term problem. It’s just deferring a permanent resolution to a problem and not fixing the underlying problem.

Little TT: Governor, you’ve been reading your old campaign literature again, haven’t you? You need to eighty-six that. Drop the rhetoric; you won the election.

BJ: Oops, I forgot.

Little TT: We can also sell a couple of state prisons—those in Winn and Allen parishes. That should bring in about $64 million or so.

BJ: Won’t the buyer just work the mortgage payments back into what he charges the state to house state prisoners?

Little TT: Governor, have you been talking to legislators and not telling me?

BJ: Sorry.

Little TT: Governor, you’ve got to stop that. Legislators aren’t your friends. Now focus. We can also draw against future lottery revenue to get another infusion of cash.

BJ: But what if somebody living in a trailer park wins the lottery? I don’t want him knocking on the front door of the governor’s mansion asking for his money.

Little TT: Don’t worry about that. Listen to me. These are all short-term solutions. It will give us one-time money to cover recurring expenditures but it doesn’t matter. By the time those people in north Louisiana who elected you figure it out, you’ll be well on your way to running for president.

BJ: And you’ll be my little Karl Rove. TT, I see where you’re going with this and I like it. Hell….I mean heck, we can sell the state police cars and put them on bicycles. That should work. When I was in Oxford doing my Rhodes Scholar bit, they had Bobbies on foot. We can call ‘em Bobbies on bicycles. Voters will love that.

Little TT: That would be pretty drastic. The state police would probably need cars….

BJ: How ’bout if I just sold my soul?

Little TT: You already did that to get elected.

BJ: How about selling some of the state golf courses?

Little TT: That’d probably look pretty bad. We just bought the Tournament Players Club in New Orleans and took over the Poverty Point club up in Delhi and we’re in the process of building a couple of others. How could we explain the sudden change? Those golf courses are viable investments. Even as we speak, we’re in the process of taking bids on the construction of a miniature golf course at City Park in New Orleans. What I’m saying, Governor, is we’re committed on these expenditures.

BJ: How about selling the Pentagon Barracks?

Little TT: Can’t do that, either. We have legislators living in them and the new owners might raise their rent from the $300 they’re paying now to a level comparable to other apartments. The legislature is already mad enough. We can’t risk that.

BJ: How about cutting higher education and health care benefits then?

Little TT: Now you’re thinking like the governor I know and respect. Let’s sing some nice Christmas carols:

Jindal Bells, Jindal Bells,
Jindal all the way;
Oh how sad
Is his wishy-washy way—HEY!

Jindal Bells, Jindal Bells,
On another flight
Oh how nice we all do feel
When he is out of si–ight.

Away at a fund raiser
No one does he dread;
Not running for president,
At least that’s what he said.

But from afar
We know what they say,
Move over Obama,
Jindal’s on his way.

Oh, little state of Louzian
How sorry is your plight;
With Bobby selling all our jails,
Citizens now feel pure fright.

While in our dark streets linger
A refracted gleam of light;
From guns and knives will lives
Be lost in thee tonight.

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