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Albuquerque Police Department
Albuquerque,
New Mexico
Cornell
September 7, 2002
Two Fugitives still on the Loose. It has been more than a year since
the drug trafficker Vicente Manuel Tijerina has seen the inside of an
American lockup. On Friday, the former fugitive saw a federal judge in
Albuquerque. Tijerina,31, was extradited this week to New Mexico after
eight months in custody at a jail in Mexico City. U.S. Marshalls and
Mexican federal judicial police recaptured Tijerina on Nov. 10, 2001, in
Sonora state after he and two other inmates escaped from the Santa Fe County
Detention Center on April 7, 2001. The escape was aided by then-guard
Lawrence C. Candelaria, who is now serving a 366-day prison sentence for
smuggling into the jail a cell phone, hacksaw blades, a hammer and a
chisel. Candelaria worked for Houston-based Cornell Corrections Corp.,
which operated the jail at the time. Authorities are still looking for
Luis Ramon Lopez, 42, and Rodolfo Ruiz-Godinez, 30. (Albuquerque
Journal)
February
24, 2001
The city may sue the company that was transporting Byron Shane Chubbuck when
he escaped to recover the $76,189 the police spent on recapturing him,
Albuquerque City Councilor Tim Kline said Friday. The police spent $49,469
paying officers who would have otherwise been on duty elsewhere. It spent
$20,956 on overtime, and another $5,764 for helicopter use during the search.
Kline said the city deserves assurances from Cornell that it is examining its
security procedures. "My bottom line is to ensure they take a look at
security and do something about it, and this is the way you get their
attention," he said. The Marshals Service said that the agency itself
will transport prisoners in the future rather than contracting with a private
firm. (Albuquerque Journal)
Bernalillo County Detention
Center
Bernalillo, New Mexico
Cornell, Correctional Medical Services, Correctional Health Management
June 8, 2010 The New Mexico Independent
Bernalillo County officials have destroyed bid-scoring sheets used in
awarding a $23 million jail health services contract, the Albuquerque Journal
reported Monday. The destruction of public records may have violated the
state public records law, New Mexico Foundation for Open Government (FOG)
director Sarah Welsh said. “(They) are certainly something the public would
have an interest in seeing,” Welsh said. “It seems strange to just destroy
that one part of it. The whole point of open government is so the public can
review decisions that officials are making.” Correctional Healthcare
Management won the $12 million a year contract to provide medical care to
inmates at the Metropolitan Detention Center. Correctional Medical Services
(CMS) has held the health services contract for seven years. The County is
investigating millions of dollars in suspected overpayments to CMS during
that time.
April
8, 2009 KRQE
A 13-year-old lawsuit over jail conditions that has already cost Bernalillo
County taxpayers millions of dollars may have to start over, a federal judge
has ruled. U.S. District Judge Martha Vasquez has thrown out a 2005
settlement in the case after lawyers for inmates claimed the county misled
them. Prisoners sued Bernalillo County in 1995 over conditions at the jail,
which at that time was located in downtown Albuquerque at 415 Roma NW. The
prisoners cited inhumane conditions which included overcrowding and lack of
access to health and psychiatric care. In 2005, two years after the
Metropolitan Detention Center opened west of Albuquerque, the prisoners and
the county negotiated a settlement. That deal required the county to meet 14
criteria including controlling overcrowding and providing better mental
health and psychiatric care. The county reported it has since met 13 of those
criteria leaving only psychiatric care still to work out. In a court filing
the inmates' attorneys claimed they recently became aware that the county
still plays a major role in the former downtown jail which it still owns.
That jail now houses federal prisons through a contract with Cornell
Corrections, a private company. Under that contract Cornell must provide monthly
reports on jail operations to the county which include population numbers,
inmate grievances and disciplinary action taken against inmates and staff. In
her new ruling the judge ordered the county to provide the inmates' attorneys
access to the downtown lockup. County Manager Thaddeus Lucero said the county
objected at the hearing and will fight the ruling.
December
26, 2005 Albuquerque Journal
Bernalillo County still doesn't have a valid contract with the private
company running the Downtown jail- even though it opened 11/2 years ago. New
Mexico law requires that contracts with private jail companies be approved by
the state Attorney General's Office before taking effect. The office has
warned Bernalillo County, in a series of letters this year and last, that it
hasn't approved the contract yet and still has a few concerns. For one, state
lawyers say, the contract needs to address what would happen if the county
must send local inmates to the Downtown jail. Right now, that lockup handles
only federal and state inmates and is operated by Houston-based Cornell
Companies. County inmates are housed at a new jail on the West Mesa, where
the skyrocketing population has caused overcrowded conditions. The county's
intention is to create a separate agreement if it ever needs to send local
inmates Downtown, but that's "not acceptable," Assistant Attorney
General Zachary Shandler told the county in a
letter last year. "This is the time to work out the terms of the
Management Agreement," Shandler said. The
state had a host of other concerns, such as making it clear in the contract
that the county has "ultimate say" over the jail, not Cornell. Shandler said his last letter to the county was in
February and that he hadn't received a formal response. Shandler
wouldn't discuss what action the state might take if Bernalillo County never
gets the contract approved. Meanwhile, the county could face legal
"exposure" because of the lack of approval, he said. "The
problem generally is that if something went wrong contractually with their
partner or some situation occurred in the inmate population, they would not
have an effective contract ... that protects the state from certain
liabilities," Shandler said.
October
15, 2003
The county refused to put the jail lease out to bid. Instead, it negotiated a
five-year deal after Cornell responded to a request for information.
Although Gov. Bill Richardson expressed reservations about the no-bid
process, Board of Finance Director Mark Valdes said the board did not have
the authority to direct Bernalillo County to put the lease out for
competitive bid. He cited changes made in state procurement law during
the last legislative session. "The board does not have the
authority to not approve the lease and direct the county to do competitive bids,"
Valdes said. Board members did not question the role of Cornell's hired
consultants, Albuquerque attorney Edmund "Joe" Lang and former
Democratic Party National Committeeman Art Trujillo. The two originally
were hired to help Cornell get the lease on the Downtown jail. Lang was to be
paid $2 a day per inmate and Trujillo 25 cents a day per inmate. They
potentially stood to make more than $2 million off the deal combined.
Cornell says those agreements are no longer in effect. The company says Lang's
contract is now "dramatically different" and that Trujillo is no
longer working on the project. (ABQ Journal)
October 13, 2003
A private jail operator that has been awarded a controversial no-bid contract
to operate the old Bernalillo County Detention Center at one point agreed to
pay two politically connected consultants big dollars to help secure the
deal. Former state Sen. Edmund "Joe" Lang and former Santa Fe
Mayor and Democratic Party figure Art Trujillo had the potential to receive
nearly $2.5 million combined from Cornell Companies over a five-year period—
an amount that would hinge on how many inmates were housed in the jail.
Cornell says the agreements are no longer in effect. Lang, a Corrales
Democrat and former Sandoval County commissioner, stood to earn the biggest
payday. Cornell, in a memorandum of understanding dated April 15, 2002,
agreed to pay Lang $2 a day per inmate for the "consulting work that you
will perform in conjunction with Cornell's attempt to lease or purchase ...
the Bernalillo County Jail (Downtown Jail facility)." Cornell had
a similar agreement with Trujillo, a former Bernalillo County Democratic
Party chairman who at the time was conducting what turned out to be a
successful campaign for his party's nomination for state Land
Commissioner. Trujillo, however, was only to be paid 25 cents a day per
inmate— a potential payout of about $273,000 over five years. Trujillo
has a history of friction with County Commission Chairman Tom Rutherford.
Lang and Rutherford are longtime friends and colleagues. The
memorandums to both Lang and Trujillo said payments would commence only after
the "complete execution" of a valid contract between Cornell and
the county. Payments would begin "after the first full quarter of a
fully executed contract and be issued quarterly thereafter for the original
term of the contract." Cornell estimated the capacity of the jail
at 540 inmates after renovation. The county's estimate is about 600 inmates.
Assuming the jail was full, that would translate into a potential fee of
$1,080 to $1,200 a day for five years with a possible five-year
renewal. Five years of operation with 600 inmates would have meant a
payment in excess of $2.1 million to Lang. Those estimates are based on a
jail operating at full capacity, 365 days a year. Paul Doucette,
Cornell vice president for development and public affairs, said in a
telephone interview Friday that both documents are out of date.
"Neither is in effect today," he said. Doucette said
Cornell's current agreement with Lang is "dramatically different"
than the one outlined in the April 2002 memorandum. Doucette would not,
however, discuss specifics. "We consider the details of that
agreement proprietary," Doucette said. "We are still in a very
competitive situation on this project, as the sending of these documents to
the Journal illustrates. Someone is trying to manipulate the
process." He said Lang is a "very valuable consultant who
knows New Mexico very well." Doucette said, "We are no longer
working with Art Trujillo on this project." Trujillo believes his
original contract with Cornell is still valid but says he has been cut out of
any negotiations between Cornell and the county. The contracts between
Cornell and the consultants have not been discussed publicly in the talks
leading up to county approval of the pact with Cornell. Cornell's
contract with Bernalillo County to operate the jail still faces the hurdle of
approval by the state Board of Finance, which balked at approving the pact
earlier this month. Members of the Board of Finance, which is chaired
by Gov. Bill Richardson, questioned how they could be sure the county was
getting the best deal, since the contract never went out to bid. The
board asked for more information and is scheduled to take up the contract
again on Tuesday. Cornell negotiated a five-year lease with the county
to renovate and house inmates at the now-vacant jail. The negotiations,
including talks between Lang and then-County Manager Juan Vigil, were based
on Cornell's reply to a Request for Information sent to private jail
contractors. Under the contract approved on a 4-1 vote by the county
commission in January, Cornell would pay the county about $1 million a year
the first two years of operations with a gradual increase over the next three
years. The company originally offered to pay the county $5 a day per
inmate with a ceiling of $1 million a year. In addition, Cornell would spend
roughly $5 million to renovate the old jail Downtown. The county sent
out the request for information in 2001. It never issued a formal request for
proposals that would state what the county wanted and how the proposals would
be judged. Cornell's competitors and one county commissioner criticized
that decision. All of the county commissioners contacted by the Journal
said they were unaware of the terms of the consulting contracts.
"I wouldn't know about that," Rutherford said. "I do know that
he (Lang) did a lot of work on this." Commissioner Steve Gallegos
said, "Wow. I've never been a lobbyist, so I don't know what they
receive. I don't know if that's high. It doesn't sound right to
me." Commissioner Michael Brasher, who has been critical of the
process and was the sole vote against the lease for Cornell, questioned the
arrangement. "I think we need to have full disclosure of
situations like this. The entire deal has been very curious."
Corporate spokesmen from Wackenhut Corrections Corporation and Corrections
Corporation of America declined comment for this story. Commissioner
Alan Armijo said he would like to see the (Cornell-Lang) agreement.
"Without looking at it and knowing all the details, I don't know if it
bothers me or not ...," he said. Commissioner Tim Cummins said,
"Sounds like he's (Lang) a partner. Whatever arrangement they do is none
of my business." Consultant agreements Doucette, Cornell's vice
president for development and public affairs, confirmed that Lang currently
has a contract with Cornell and that Cornell does enter into contingency
agreements like the one obtained by the Journal. "Like everything
else, we factored it into our costs," Doucette said. "Our proposal
to lease and remodel the jail provides an outstanding value to the
county." But he would not discuss specifics of the consultant
agreements. Lang in a telephone interview said he wouldn't comment on
his contract, also saying that it was "proprietary." Doucette
confirmed that Trujillo did work for Cornell on the jail contract early in
the process, although Lang said he was unaware of Trujillo's involvement in
the lease. The body of the memos from Cornell to Lang and Trujillo are
almost identical except for the amount to be paid. They have the same date
and are signed by the same Cornell official. The memoranda state that
they are good for six months and could be renewed. In a telephone
interview, Trujillo said his contract is still valid, but no one the Journal
interviewed in county government recalled Trujillo being involved.
"I told them (Cornell) how to get this project done ... but Lang has cut
me off totally," Trujillo said. Trujillo was defeated in November
by Republican Patrick Lyons in the Land Commissioner race. Lang is
registered as a legislative lobbyist for Cornell and said that work is
separate from his work on the county jail lease. State law prohibits
legislative lobbyists from working on a contingency fee like the one outlined
in the memorandum of understanding. "I haven't talked to any
legislators on Cornell's behalf," he said. There is no state
prohibition on contingency fees for lobbying local governments on
jails. Friendship is separate Lang and Rutherford acknowledge a
longtime friendship. They attended high school together and served in
the state Senate at the same time. They are both lobbyists and sometimes work
for the same clients. Both said their friendship had nothing to do with
the Downtown jail lease. Rutherford said he is also friends with the
lobbyists who represent Cornell's competitors— Corrections Corporation of
America and Wackenhut. Those two companies asked the commission to put out a
request for proposals. There is a small group of people who do
lobbying, and they all know one another. I sat on the Senate committee that
approved Ed Mahr (lobbyist for Corrections
Corporation of America) as Corrections secretary back in the 1970s. I served
in the Senate and on the commission with Les Houston (lobbyist for Wackenhut
Inc.) for years," Rutherford said. "We're all friends,"
Lang said of his competing lobbyists. "We (Cornell) gave the only
responsive price which the county asked for in its request," Lang said.
"Nobody has ever said they could beat our price." Both men
said the commissioner who pushed the jail privatization was Steve Gallegos,
hoping to use the money generated by the lease to fund a psychiatric unit at
the $90 million Metropolitan Detention Center on the West Side.
"This is simply a mechanism to get the psychiatric unit built at the new
jail," Lang said. That sentiment was echoed by Rutherford and
Cummins, who said the building was essentially useless sitting empty.
Court and police officials have suggested using part of the facility as a
Downtown holding and booking facility— an idea rejected by the county.
Gallegos said he is not a proponent of privatizing jails but believes the county
had to come up with some way to build a psychiatric unit at the new
jail. "I pushed it as a public facility, and I don't believe in
privately run jails," Gallegos said. "It was really out of
frustration that I said let's try the private sector." "I
want that psych unit built," Gallegos said. "I know that inmates
with mental health problems are abused in jail. I've had personal experience
with family members with mental health problems and I know how important this
unit is." "What it really came down to was Cornell put
numbers up and the others didn't," Gallegos said. "Why didn't the
others? Are they serious or not? "Later, the other guys come back
and say we're playing an unfair game. But I think Cornell played it straight
with us." Gallegos said, "The problem in this state is that
everyone's connected. Les Houston worked for Wackenhut. I know Ed Mahr with CCA very well. He's a friend. I've known Tom
Rutherford for years and years. I don't know Joe Lang that well." How it
all started The county put out its request for
information on renovating and privatizing the Downtown jail in October
2001. At that time, commissioners expected the jail to be empty by the
following summer when the new West Side jail was supposed to open. The idea
was criticized by the union representing officers at the jail and seemed to
die. In January 2002, Gallegos began pushing the idea of the county
running the Downtown jail as a facility to hold federal inmates. Any profits
would go to building a psychiatric unit at the new jail. Negotiations
with the U.S. Marshals Service hit a stumbling block when federal officials
said they could not guarantee a fixed number of inmates because that would
violate federal policy. In April 2002, Cornell inked separate memorandums of
understanding with Lang and Trujillo to act as consultants on securing a
lease or purchase of the Downtown jail. Talks between the county and
the Marshals Service for federal funds to renovate the old jail broke down
when the county failed to meet a key deadline for filing paperwork for
federal renovation funds. In the fall of 2002, the commission
resurrected its discussion of a private jail operation. The county had
received general letters of interest from Wackenhut and Corrections
Corporation of America. Cornell was more specific. It gave the county a
quote of $5 a day per inmate, with a ceiling of $1 million a year. In
January 2003, County Attorney Tito Chavez told commissioners they could
negotiate a lease with Cornell because of its response. He advised that the
county was not required to put out a Request for Proposals— citing a specific
state law that allows local governments to negotiate jail agreements based on
a simple request for information. At the end of November 2002, the
commission authorized Vigil to negotiate with Cornell. The decision was
unanimous. Then-Commissioner Les Houston, whose term expired in December,
urged the county to put out a Request for Proposals but recused himself from
voting because he represented Wackenhut. "We felt there was a time
crunch which in hindsight, because of the delay in opening the new jail,
wasn't valid," said Cummins, who was chairman at the time.
"But at the time there was some feeling of urgency." In
January 2003, the commission approved a lease with Cornell for the old jail.
The lease was amended in June 2003, when Cornell agreed to pay for the
renovations. There have been some technical changes in the lease after
it was reviewed by the Board of Finance. Board members have asked the county
for figures from similar types of jail deals. "Comparisons from
jail to jail are difficult," Brasher said. "That's the argument for
going out to a Request for Proposals. That's how you find out what the value
of that jail Downtown really is." Rutherford said, "The Board
of Finance is doing their duty to review this carefully." (ABQ
Journal)
June 11, 2003
Bernalillo County commissioners on Tuesday approved plans for a private
company to renovate the Downtown jail and house federal inmates there. The
commission voted 4-1 in favor of revising its lease agreement with
Houston-based Cornell Companies Inc. The earlier agreement had called for the
federal government to pay for renovations. Under the new
proposal, Cornell would pay for the renovations, which are expected to cost
$5 million. The proposal still must go before the state Board of Finance. The
approval came despite objections by Corrections Corporation of America, which
said the county should allow other companies to compete for the jail.
"Why not open it up and get the best deal you can?" asked Frank C.
Salazar, an attorney for CCA. (ABQ Journal)
June
11, 2003
When Bernalillo County signed a contract with Cornell Cos. in January to
lease the City-County Jail building, it was riding on the hope the federal
government would come up with a big chunk of the nearly $4 million needed to
renovate the lockup. That hope was a dim one, said the head of the U.S.
Marshal's Service in Albuquerque. The county was counting on getting a
Marshal's Service grant to repair the Downtown jail and meet a major
condition of its contract with Cornell, a private corrections company, county
Public Safety Director John Dantis said
Thursday. However, the county missed its chance to receive a $3 million
grant when the money was made available last year, said Gordon Eden, U.S.
marshal for New Mexico. "There is no extra money now," he
said. "It could be several years until the Marshal's Service will be
able to provide them with money for renovations." Each year the
Marshal's Service allocates grants to government agencies to upgrade jails to
meet the agency's standards. Cornell would be contracting with government
agencies to house federal prisoners in the jail. The grant
appropriation has been steeply declining over the past three years, Eden said.
The amount available nationwide was $35 million in fiscal year 2001, $20
million in 2002 and $5 million in 2003, he said. Now, the county and
Cornell are in negotiations to figure out who will pay for the jail
repairs. A Cornell spokesman said the Houston company is willing to pay
for the renovation but declined to comment on what it expects in
return. In June 2002, the county was made aware it would not receive
the $3 million Marshal's Service grant because it had missed a May deadline
to turn in paperwork, Eden said. Dantis said
the county had asked for an extension before the deadline in order for the
County Commission to approve grant changes made by the Marshal's Service, but
it was denied. "When the Marshal's Service deemed the county
unresponsive, they allocated that money to other government agencies who
needed the money," Eden said. The county contract with Cornell in
January states the county would "use its best efforts" to secure a
Marshal's Service grant. "How can you obligate federal funds you
don't have?" Eden said Thursday in reference to the contract.
County officials said at that time they were planning to apply for the
Marshal's Service grant again. In April, the county asked the Marshal's
Service for funding, but it is not depending on that money, Dantis said. "We're looking at a number of
options to fund the renovations," he said.
Under the contract, the county is responsible for electrical, plumbing,
security and roof repairs and several other categories of renovations to the
building. The county has not looked into paying for the repairs using
its own money, Dantis said, and referred inquiries
to county financial officials. County Manager Juan Vigil was out of
town Thursday, a spokeswoman for the county said, and could not be reached
for comment. Under the terms of the contract, Cornell would pay
$888,888 in rent during the first two years of the lease, with rent
increasing to $1.2 million in the third year. The county planned to use
the revenue from the Cornell lease to add a mental health facility to the new
Metropolitan Detention Center, a 2,100-bed facility on the West Side that is
now in the process of being filled with inmates from the county's three
jails. Repairs to the Downtown jail cannot begin until the county moves
all its inmates to the new lockup. The $86 million building became ready for
occupancy two weeks ago, a year behind schedule. Cornell spokesman
David Monroe said his company needs to wait until the old jail is vacant and
the renovations are complete before it can house its inmates. The company
doesn't have a scheduled move-in date for inmates, he said. "The
county has taken a bit longer than we anticipated," Monroe said.
"We want to do it as soon as possible but with the appropriate parameters."
Cornell already has signed contracts with government agencies to house
inmates in the Albuquerque jail, Monroe said. He declined to give any details
on those contracts. Cornell's system includes about 70 detention
facilities nationwide. County Commissioner Michael Brasher said the
county might have to solicit companies that want to use the Downtown jail and
could get it up and running. "If Cornell can't come up with the
money," he said, "Maybe they (county officials) can find someone
who can pay for the renovations." (Albuquerque Journal)
January
15, 2003
Bernalillo County commissioners
approved a proposal to rent the Downtown jail to a private corrections
company Tuesday — despite a potential snag over funding for renovations. Both the county and Houston-based Cornell
Companies Inc. can terminate the lease agreement if funding for the jail
renovations doesn't come through. As
part of the proposal, federal inmates could end up at the Downtown jail.
Commissioners directed county officials to try to work out agreements with
the U.S. Marshals Service. Commission
Chairman Tom Rutherford said the lease is important because it will put the
Downtown jail to "beneficial use" after inmates there are moved to
the new Metropolitan Detention Center. The moving date is uncertain. But Gorden Eden,
U.S. marshal for the district of New Mexico, told the commission that federal
money for the jail renovations isn't available now. He said he would work
with the county to get funding but couldn't promise the money for
renovations. (ABQ Journal)
January
14, 2003
Two former city councilors set
to join the County Commission today will have a chance to make a historic
decision — whether to rent the Downtown jail to a private corrections
company. The proposed lease agreement
would make the jail — for the first time — a privately run detention
center. As part of the proposal, the
county would try to work out an agreement with the U.S. Marshals Service to
house federal inmates there. There are
no plans to house city and county inmates there. The Downtown jail would be
vacant after local inmates are moved to a new lockup on the West Mesa. Bernalillo County didn't seek formal bids
from companies interested in the project. Instead, officials began negotiating
with Cornell after issuing a request-for-information. (ABQ Journal)
November
27, 2002
Bernalillo County commissioners on Tuesday authorized further negotiations
with a private company interested in running the Downtown jail as a holding
center for federal inmates. The commission's 4-0 vote allows County
Manager Juan Vigil to continue negotiating a lease agreement with Cornell
Companies Inc. The county also will try to work out an agreement with
the U.S. Marshals Service. Anthony Marquez, president of the jail
employees' union, spoke against bringing in a private company. The
country would have more oversight if it hired its own employees to run the
Downtown jail, he said. Private companies "are there to make a
buck," Marquez said. (ABQ journal)
October
9, 2001
Bernalillo County commissioners today are scheduled to consider taking the
first step toward transforming the Downtown jail into a holding center for
federal inmates. The proposal, sponsored by Commission Chairman Steve
Gallegos, would authorize the county to submit an application to the U.S.
Marshals Service to launch the program and remodel the jail to meet federal
standards. Commissioner Les Houston said he is "philosophically
opposed" to having Bernalillo County run a federal holding center. The
county soon will be busy enough operating the 2,100-bed Metropolitan
Detention Center under construction on the West Side, he said. Houston
suggests the county either lease the old jail or sell it. "If we
are going to operate a jail for profit ... then it should be operated by professionals,
such as one of the national private operators," Houston said. But
Gallegos, who opposes having a private company run the holding center, said
Houston should excuse himself from discussion of the application. Houston is
a registered lobbyist for Wackenhut Corrections Corporation.
(Albuquerque Journal)
Camp Sierra Blanca
Ruidoso, New Mexico
CiviGenics (formerly run by AMI)
December 11, 2008 Ruidoso News
A switch to community-based programs for young offenders in New Mexico and a
decision by the Camp Sierra Blanca program management company to exit the
juvenile sector leave the future of the camp northeast of Ruidoso in doubt.
Community Education Centers officials last month confirmed the company that
operates the CSB program would not renew its contract with the state
Children, Youth and Families Department, because the company planned to
terminate its juvenile operations. Kevin Duckworth, CEC Mountain Region
Director, said Thursday the company will end its operations on Jan. 31, by
mutual agreement. The camp staff was notified and relocation opportunities
were offered to other CEC facilities where possible, he said. Last month, a
spokesman for CYF indicated the company would stay on until June 30, the end
date of the current contract. At that time, Bob Tafoya said CYFD officials
were considering options for the best and highest use of the camp, which over
the past few years was updated with modular living units and a renovated
cafeteria. Romaine Serna, public information officer with the CYFD, said Thursday
discussions continue on the future of the camp that over several decades
evolved from a minimal security work prison for adult male offenders, to
adult women and then for juveniles.
February
15, 2006 Albuquerque Journal
Five teenage boys who walked away from a juvenile jail Monday were taken into
custody Tuesday morning, but questions remain about why the facility near
Ruidoso has had two breakouts in two months. The teens, ranging in age from
17 to 19, were at Camp Sierra Blanca as part of their paroles and probations.
They were picked up by State Police and Lincoln County Sheriff's officers
about nine miles from the camp on Highway 380, near Capitan. "We're very
concerned," said Deborah Martinez, spokeswoman for the Children, Youth
and Families Department, which oversees the camp. "We want to understand
what is going on that's causing these boys to walk away, and prevent it from
happening again," she said. A spokesman for CiviGenics,
the Boston company that has run the fenceless, rural facility since June,
said jail security depends on the staff's vigilance and their ability to
maintain relationships with the inmates. "The opportunity to run is so
great," said George Vose, vice president of CiviGenics.
August
11, 2005 KVIA
The state Children, Youth and Families Department has paid 212-thousand-500
dollars to settle a dispute with a company that had run Camp Sierra Blanca.
The Albuquerque Journal reports today that the money has been paid to
Florida-based Associated Marine Institutes. In exchange for the payment,
A-M-I has agreed to withdraw a protest it filed after it lost the contract to
operate Camp Sierra Blanca. The Children, Youth and Families Department
initially had refused to reveal the amount of the payment. The state earlier
this summer transferred the operation of Camp Sierra Blanca to a for-profit
Boston company, CiviGenics. A-M-I lost the contract
to run the juvenile detention facility because of a technical error on its
bid.
May
24, 2005 Albuquerque Journal
Officials from Associated Marine Institutes, the Florida organization that
operates a juvenile detention camp near Ruidoso, say they'll fight the
state's decision to turn the center over to a new contractor. Last Friday, an
attorney for AMI presented the Children, Youth and Families Department with a
notice of protest over the bidding process that began in April. AMI has run
Camp Sierra Blanca since its inception in 1997. The rural, farm-like camp has
been praised by politicians, judges and children's advocates for its success
in rehabilitating teenage boys. Officials from the Children, Youth and
Families Department say they have entered into budget negotiations with CiviGenics of Boston, the only other company that made a
bid to run the camp. The protest alleges that AMI's contract proposal was
disqualified because budget information was put in an appendix of the
proposal instead of in the body of the document— something AMI officials say
they were told was acceptable. The protest contends that CYFD restricted AMI's oral presentation during
the final stage of the procurement process. CYFD also failed to select a
proposal evaluation committee that met procurement standards, according to
the document.
May
13, 2005 Albuquerque Journal
Supporters of Camp Sierra Blanca, a juvenile detention center near Ruidoso,
are questioning the state's decision to disqualify a contract bid from its
operator on what they consider to be a technicality. U.S. Rep. Steve Pearce,
R-N.M.; state Sen. Mary Kay Papen, D-Las Cruces; and U.S. District Judge
William "Chip" Johnson say the state's decision could be a result
of the conflict that arose last summer when the Children, Youth and Families
Department tried to close the facility.
Some Lincoln County residents have established an "advocacy
support fund" to save Camp Sierra Blanca and its current contractors,
American Marine Institute, said Harvey Twite of
radio station KEDU. The station is spearheading the effort. Under AMI's
management, Camp Sierra Blanca has reported a 90 percent success rate in
rehabilitating delinquent boys. AMI, a nonprofit company based in Florida,
has managed the camp since its opening in 1997. A letter sent from CYFD to
AMI officials on May 6 said the disqualification was because of AMI's failure
to provide required information. Camp officials claim data from two columns
was put in an appendix, which they contend CYFD approved. CYFD is currently
negotiating with CiviGenics to run the camp. CiviGenics, a for-profit correctional company from
Boston, was the only other firm to submit a bid.
May 11,
2005 Albuquerque Journal
After a long fight to keep a juvenile detention facility near Ruidoso open,
the organization that has run the center has been informed it is out of a
job. Officials from Associated Marine Institutes, Inc., which has managed Camp
Sierra Blanca since its inception in 1997, say state officials didn't play
fair when they awarded a new contract to CiviGenics,
a for-profit correctional company from Boston. AMI officials said they are
considering challenging the decision. The state's current contract with AMI,
a nonprofit company based in Florida, expires June 30. In a news release
Monday, CYFD said it was entering into contract negotiations with CiviGenics, the only other organization to submit a
proposal. CiviGenics operates adult prisons in 14
states and juvenile facilities in four. "The process has saddened
me," said state District Judge Karen Parsons, a Camp Sierra Blanca board
member. "If we were being dealt with in good faith, they should have
told us there was a technical problem (with the proposal). But the outcome
was predictable in light of the way (CYFD) Secretary (Mary-Dale) Bolson has
treated AMI." Tensions began building last summer when CYFD announced
the camp would close in an effort to incarcerate fewer juveniles and rehabilitate
them in their communities. An outcry from the residents of Lincoln County and
supporters of the juvenile justice system prompted Gov. Bill Richardson to
halt the closure. Supporters pointed to a 90 percent success rate and
heavy community support as reasons to keep the low-security facility open.
Camino Nuevo Women's Prison
Albuquerque, New Mexico
Formerly run by Corrections Corporation of America
Mar 14, 2016 santafenewmexican.com
SANTA FE, N.M. — The New Mexico Supreme Court says private prison operator
Corrections Corporation of America can be held liable for compensatory
damages to three victims who were raped by a guard. The court affirmed in an
opinion Monday that the company can be held vicariously liable because
private corrections officer Anthony Townes was aided in the sexual assaults
by his job position. Townes is serving a 16-year state prison sentence for
criminal sexual penetration and false imprisonment in connection with
assaults on female inmates at the Camino Nuevo Women's Correctional Facility.
The court says the prison company allowed male corrections officers to escort
female inmates around the facility alone and failed to enforce rules against
physical contact. The court says a warden at the prison also can be found
liable for damages.
February 17, 2012 Albuquerque Journal
A federal jury Thursday ordered over $3 million in damages to three former
inmates raped by a prison guard at Camino Nuevo Women’s Correctional Facility
in 2007. The intertwined state and federal claims, coupled with questions
about who must pay the compensatory and punitive damages, however, are
certain to engender more litigation – probably from both sides. Jurors heard
over a week of testimony before U.S. District Judge William P. Johnson before
they were charged with rendering a verdict late Wednesday. It took the jury a
day to work through the 10-page verdict form with over 30 questions relating
to victims Heather Spurlock, Nina Carrera and Sophia Carrasco, and two sets
of defendants. They included former guard Anthony Townes, who is serving a
16-year state prison sentence for criminal sexual penetration and false
imprisonment, his then-employer Corrections Corporation of America and
Barbara Wagner, the warden of Camino Nuevo at the time. The court had ruled
before trial that Townes was liable for violating the constitutional rights
of the inmates to be free from cruel and unusual punishment. But he left it
to the jury to decide if CCA and Wagner were liable for negligent supervision
– the jury said yes – and whether they also had violated the inmates’ rights
by discouraging inmate complaints – the jury said no. Jurors awarded $100,000
in compensatory damages each to Spurlock and Carrera, and $125,000 to
Carrasco. They ordered CCA to pay $5,000 in punitive damages to Spurlock and
$50,000 in punitive damages to Carrasco.
February
16, 2012 Albuquerque Journal
A federal jury on Thursday returned a verdict awarding compensatory damages
of $100,000 to two victims and $125,000 to a third raped by former
Corrections Corporation of America officer Anthony Townes, now serving a
16-year prison sentence for the criminal sexual penetration of four women.
The jury also awarded each plaintiff in the lawsuit $1 million in punitive
damages against Townes — awards are certain to face additional litigation.
The jury found CCA and Barbara Wagner, the then-warden at the Camino Nuevo
Women’s Correctional Facility, had not violated the constitutional rights of
the women but ordered some punitive damages against them based on other
conduct. The rapes occurred while the women were inmates at the facility in
2007.
February
9, 2012 Albuquerque Journal
Victims of sexual assault by a corrections officer at an Albuquerque contract
prison facility for women told a jury Wednesday that they didn’t report the
incidents because they didn’t think they would be believed. They also said
they thought making waves would inevitably bring retaliation in the form of
lost good time, recreational time or tossed prison cells. Heather Spurlock,
39, now working as a medical receptionist, and Sophia Carrasco, 47, who
cleans rooms at a resort hotel, were inmates at the Corrections Corporation
of America-run Camino Nuevo facility in 2007. In a situation where it was an
inmate’s word against a corrections officer, they said they were confident
they would come out on the losing end. Camino Nuevo, they said, was run with
intense discipline, little tolerance and few rehabilitative programs, even
though it was presumably a minimum-security lockup and a halfway step on
their way to release from incarceration. Both said the women’s prison at
Grants had been congenial and supportive, in contrast to Camino Nuevo, where
they spent hours picking up rocks and demolishing “anything green” during
outdoor work details and frequent periods of lockdown in their cells. The
sexual assaults by Anthony Townes occurred over a six-month period to
Spurlock and once in the early morning hours to Carrasco. Townes is serving
an 18-year criminal sentence for his state conviction in Bernalillo County
for the rapes of four female inmates, three of whom are involved in the civil
lawsuit against him, CCA and its then-warden. The trial began Monday in
Albuquerque before U.S. District Judge William P. Johnson.
February
8, 2012 Albuquerque Journal
A female inmate raped by a prison guard in 2007 testified Tuesday about
conditions at the newly opened Camino Nuevo facility in Albuquerque where she
had been moved from the women’s prison in Grants. Heather Spurlock Jackson,
39, was the first witness at the civil trial in U.S. District Court brought
against the guard, Anthony Townes, now serving an 18-year prison sentence for
raping her and three other women. Other defendants are the prison operator,
Corrections Corporation of America, and then-warden Barbara Wagner. Spurlock,
Sophia Carrasco and Nina Carrera allege federal civil rights violations
because they say inmate complaints were discouraged. They also contend that
CCA and Wagner were negligent in hiring and in supervision of the contract
facility. Spurlock described a setting that was harsher and less organized
than the women’s facility in Grants where she had spent the previous five
years without write-ups. She said Grants was strict but that it had programs
— she had earned two associate’s degrees through a distance learning program
while there — and staff who recognized the humanity of the residents.
Spurlock and the other 200 or so inmates moved to Camino Nuevo hadn’t
volunteered for the transfer but seemed to have been picked at random, she
said. They were loaded onto buses and taken to the old Bernalillo County jail
in Downtown Albuquerque because Camino Nuevo wasn’t ready. They stayed there
for three months before being taken to the new facility, which still seemed
unready to receive them. There were no programs, no handbook and only a
minimal briefing before the women were locked down in their cells. Spurlock
will testify starting today about the rape, but her attorney, Nicole Moss,
said Townes “raped, stalked, threatened and terrorized” inmates at the
facility and that his behavior went unchecked without anyone intervening.
U.S. District Judge William P. Johnson already has determined liability for
Townes. The question for the jury of eight will be the amount of damages
attributable to him and whether and how much damages the company and the
warden should be responsible for. Daniel P. Struck, a Phoenix lawyer
defending CCA and Wagner, told the jury in his opening statement that the
women had numerous opportunities to report the sexual assaults but did not,
including through a tip line that went to the state Corrections Department.
“It wasn’t fear (of retribution) that kept them from reporting,” he said.
Spurlock, serving a 16-year term for embezzling $16,000 from a nonprofit, was
involved in a voluntary relationship with Townes, he said, and there was an
effort to conceal it.
October
11, 2011 Albuquerque Journal
Onetime prison guard Anthony Townes is now about two years into an 18-year
state prison sentence after he admitted raping four women at Camino Nuevo
Women’s Correctional Facility in 2007. The civil lawsuit filed by some of the
women, however, still is months away from being resolved. Trial in the 2009
case filed by Heather Spurlock and two other former inmates at the detention
facility was to have begun this month. Several postponements were requested
by the defendants including Townes, former warden Barbara Wagner and the
Corrections Corporation of America, the private contractor that operated the
prison at the time. Camino Nuevo in 2007 was run as an adult prison and was
taking overflow from the women’s prison in Grants. It is now a juvenile detention
center operated by the state Children, Youth and Families Department. A
primary reason for the latest trial delay was the late disclosure of two
additional women who claimed sexual abuse by Townes but who are not involved
in the civil lawsuit. The defense said it needed more time to interview those
witnesses before trial. Attorneys for the victims said their anticipated
testimony about “the traumatic, invasive and highly personal experience of
sexual assault” is only made worse by having to repeatedly prepare for trial.
CCA was well aware of the additional sexual assault victims, anyway, they
said. U.S. District Judge William P. Johnson, who has now set a firm trial
date of Feb. 6, previously ruled Townes civilly liable for the rapes. He has
dismissed some claims against CCA. Among questions for the jury will be
whether Townes’ assaults can be legally charged to CCA negligence or
deliberate indifference in operating the facility, principally over what the
victims contend was a custom of discouraging inmate complaints against staff.
The women’s lawyers will try to give the jury a picture of what happened
during the incidents, as well as the context in which each assault took place
and how CCA responded. Plaintiffs’ expert Manuel D. Romero said in a report
he believes CCA “did not provide a safe and secure living environment for
(women) in the Camino Nuevo facility.” He said the fact that “such horrific
crimes” could be undetected for several months shows there are “systemic
failures within the facility.” He said in a report there was a “clear lack of
accountability over Mr. Townes and his movement within the prison.”
Plaintiffs’ attorneys may also seek to place Townes’ assaults in the broader
context of underreporting of prison problems. Documents in the court file
include excerpts from testimony before the U.S. House Judiciary Committee in
2008 about a former CCA manager-turned-whistleblower who said the company
maintained dual sets of quality assurance reports. The versions sent to
government contracting agencies reportedly failed to include “zero tolerance”
events including riots, escapes, unnatural deaths and sexual assaults at
company-run facilities. CCA has said in court documents that it put Townes on
leave and required him to surrender his badge.
November
20, 2009 KRQE
A judge sentenced a former correction officer who raped four female inmates
to 18 years in prison after emotional pleas from his victims. "I knew
him as a monster, a liar a man who thought because of his position he was
wanted by all but could do as he pleased," one of the victims said.
Anthony Townes pleaded guilty to four counts of rape and false imprisonment.
The rapes occurred between January and August of 2007 at Camino Nuevo, which
is a privately run lockup for female state prison inmates. Despite the guilty
plea, Townes denies hit committed the crimes. He told the judge Friday that
the only reason he pleaded guilty was to avoid a longer prison term. He said
the women are lying. "There is no fear factor. I would never threaten
anyone else's kids. I have a grandmother, mother a girlfriend, a sister and
4-year-old daughter, so therefore I would not do that to any woman because no
woman deserves that," Townes said. Townes faced 36 years in prison if he
was convicted by a jury.
October
12, 2007 The Review
A former Alliance man who is accused of sexually assaulting inmates at the
women's prison that employed him may be facing life in prison. Bond was set
at $500,000, cash only, by Bernalillo County Judge Sandra Engle for Anthony
Shay Townes, 33, of Albuquerque, N.M. Townes, a member of Alliance High
School's 1993 graduating class and a football standout for the Aviators
during his senior year, is charged with four counts of criminal sexual
penetration, a second degree felony; four counts of sexual contact, a
fourth-degree felony; and four counts of kidnapping. According to Bernalillo
County Sheriff's Department Detective Lorraine Montoya, Townes faces up to 33
years in prison (or life) on each second-degree felony charge. According to
the affidavit submitted by investigators, Townes is accused of raping and
sexually assaulting four female inmates at the Camino Nuevo Correctional
Center, a private minimum security prison where he was employed between
February and August. Montoya said investigators are still awaiting tests on
DNA evidence that would link Townes to the attacks in this ongoing
investigation. Victims testified that Townes snuck inmates out of their pods
at night and out of view of security cameras to avoid detection by his supervisors.
October
11, 2007 Albuquerque Journal
Before Anthony Townes started working at Nuevo Camino in July 2006, he went
through a school offered by the Corrections Corporation of America, according
to the company's Web site. He was also trained on where all of the cameras
were positioned. Three CCA prisons are accredited by the American
Correctional Association. Camino Nuevo had yet to receive its accreditation.
The prison is supposed to go through an ACA audit next month. ACA officials
told the Journal on Wednesday that there are no standards regulating where
cameras should be placed and how much of a prison should be monitored. CCA's
spokesman Steve Owen said his company would wait to review camera placement
after the sheriff's office finished its investigation. But "I don't
think there is a correctional facility in the country that has every area of
a prison covered by a camera," he said. "Cameras are one of many
things you utilize to maintain safety and security in a facility."
October
10, 2007 Albuquerque Tribune
A male prison guard is in jail on charges he raped four female inmates in the
privately run Camino Nuevo women's prison in Albuquerque. Corrections Officer
Anthony Shay Townes, 33, was arrested Tuesday by Bernalillo County sheriff's
investigators. According to a criminal complaint: A teacher working in the
women's prison in early August overheard a conversation between inmates about
one of them having DNA evidence to prove some sort of relationship. With more
digging, the teacher and her supervisors learned the inmate was discussing
having had a sexual encounter with a corrections officer. One of the inmates
told the supervisor that the corrections officer was Townes. Townes was
immediately placed in a position without inmate contact, then placed on leave
a day later. He is currently on unpaid leave, prison officials said. Townes
is at the Metropolitan Detention Center with bail set at $500,000 cash-only.
Sheriff's deputies were called to the prison on 4050 Edith Blvd. N.E., the
former maximum security juvenile facility, on Aug. 14 to start an
investigation into the allegations. On Aug. 18, they were called back again,
this time because another inmate told supervisors that Townes had raped her
earlier that week. Two more inmates also told investigators Townes had
attacked them. Their similar reports to detectives include being taken to an
area in the facility out of view of cameras and being assaulted by Townes.
One inmate said she was attacked several times beginning in February. Another
inmate reported being taken out of her cell at 2:30 a.m., an unusual time to
leave her cell but ". . . when a C.O. tells you to do something, you
just do it," she told detectives, according to the complaint. That woman
told detectives she saw Townes sneaking other women out of their cells at
night. Prison spokesman Steve Owen said Townes was hired in October 2006,
shortly after the prison opened. Owen said that as the first of the
allegations surfaced against Townes, he was immediately placed on leave and
authorities were immediately notified.
Central New Mexico CF
Los Lunas, New Mexico
Aramark
July 31, 2012 KOB News 4
There has been a lot of bad press around correctional facilities in New
Mexico over the last six weeks. But Corrections Secretary Gregg Marcantel said it is all part of a culture change. Two
employees of food vendor Aramark have been arrested over the last six weeks
for smuggling contraband into prisons. Candace Holmes was arrested for
smuggling drugs into a correctional facility in Las Cruces in June. Then on
Sunday, Mel Baca admitted to smuggling food into the Central New Mexico
Correctional Facility in Los Lunas. A fellow food vendor suspected Baca of
the smuggling and reported it. Baca admitted to the crime during an interview
with the prison officers, but that just started his contraband list. Officers
searched Baca's lunch box and found a cell phone, something Secretary Marcantel called a "serious violation." Then
officers searched his car, finding alcohol, prescription drugs and
"about a 12-inch long knife," Marcantel
said. The officers were not sure whether Baca planned on smuggling those into
the prison, but the fact he had them in his car is a criminal violation. Baca
was arrested for a fourth-degree felony of smuggling contraband into a
correctional facility.
Cibola County Correctional Center
Cibola, New Mexico
CCA
Nov
27, 2018 thedailybeast.com
New Mexico: Trans woman beaten to death at Corecivic
prison
A transgender woman who died in Immigration and Customs Enforcement
custody after being held in a privately operated detention center was likely
physically abused there, according an autopsy report released Monday, and
died after several days of severe, untreated dehydration. Roxsana
Hernández Rodriguez, 33, a transgender woman from Honduras, died on May 25,
nine days after being transferred to a dedicated unit for transgender women
at the Cibola County Correctional Center in New Mexico, which is operated under
contract by CoreCivic, the second-largest private
prison company in the United States. “There she developed severe diarrhea and
vomiting over the course of several days,” wrote forensic pathologist Kris
Sperry, “and finally was emergently hospitalized, then transported to
Lovelace Medical Center in Albuquerque, New Mexico, where she remained
critically ill until her death.” One day after arriving at Cibola, Ms.
Hernández Rodriguez was admitted to a local hospital, and was later
transferred to Lovelace Medical Center in Albuquerque, where she died while
in intensive care. The autopsy concluded that Hernández Rodriguez’s cause of
death was most likely “severe complications of dehydration superimposed upon
HIV infection,” which made her susceptible to the physiologic effects of
untreated dehydration. “According to observations of other detainees who were
with Ms. Hernández Rodriguez, the diarrhea and vomiting episodes persisted
over multiple days with no medical evaluation or treatment, until she was
gravely ill,” Sperry wrote. Sperry’s autopsy, the second conducted on
Hernández Rodriguez’s body following her death, also found evidence of
physical abuse, with “deep bruising” on her hands and abdomen, evidence of
blunt-force trauma “indicative of blows, and/or kicks, and possible strikes
with blunt object.” An accompanying diagram illustrated long, thin bruises
along Hernández Rodriguez’s back and sides, as well as extensive hemorrhaging
on Hernández Rodriguez’s right and left wrists, which Dr. Sperry found were
“typical of handcuff injuries.” Andrew Free, an attorney representing her
family, told The Daily Beast that her treatment in ICE custody went far
beyond neglectful. “She journeyed thousands of miles fleeing persecution and
torture at home only to be met with neglect and torture in this country’s
for-profit human cages,” Free said. An ICE spokesperson said the agency
disputes the findings of the report. “U.S. Immigration and Customs
Enforcement (ICE) cannot speak to the validity of the private autopsy cited
by The Daily Beast; however, allegations that she was abused in ICE custody
are false,” said Danielle Bennett, a spokesperson for the agency. “A review
of Hernandez’s death conducted by ICE Health Service Corps medical
professionals confirmed that she suffered from a history of untreated HIV. At
no time did the medical personnel treating Ms. Hernandez at Cibola General
Hospital or Lovelace Medical Center raise any issues of suspected physical
abuse. “ICE takes very seriously the health, safety and welfare of those in
our care, including those who come into ICE custody with prior medical
conditions or who have never before received appropriate medical care. Any
death that happens in ICE custody is a cause for concern, and the agency will
continue its full review of this case according to standard protocols.” At
the time of her death, ICE stated that she was admitted to the hospital with
“symptoms of pneumonia, dehydration, and complications associated with HIV,”
and that “comprehensive medical care is provided from the moment detainees
arrive and throughout the entirety of their stay.” In response to similar
questions, CoreCivic director of public affair
Amanda Gilchrist told The Daily Beast that “we take the health and well-being
of those entrusted to our care very seriously,” and are “committed to
providing a safe environment for transgender detainees.” CoreCivic,
a publicly traded company whose motto is “Better the Public Good,” operates
more than 65 prisons and detention facilities in the United States. Even
before her detention in New Mexico, Hernández Rodriguez had walked an
extremely difficult path on her way to the United States. In an interview
with Buzzfeed News a month before her death, Hernández Rodriguez said she
decided to flee Honduras after she was gang-raped by four members of the
MS-13 gang, resulting in her being infected with HIV. “Trans people in my
neighborhood are killed and chopped into pieces, then dumped inside potato
bags,” Hernández Rodriguez said at the time. “I didn’t want to come to
Mexico—I wanted to stay in Honduras but I couldn’t… They kill trans people in
Honduras. I’m scared of that.” LGBT people in El Salvador, Guatemala, and
Honduras are uniquely susceptible to violence and persecution, as well as
during their travels in pursuit of asylum. The U.S. government has expressed
skepticism about the veracity of these claims, as well as the number of LGBT
people traveling in caravans headed for the border. In a telephone briefing
with reporters last week, one senior DHS official told journalists that
caravans pushed LGBT migrants “to the front of the caravan in an effort to
gain sympathetic PR coverage.” Hernández Rodriguez, known as “Roxy” to her
friends, decided to travel more than 2,000 miles with 1,300 other migrants
hoping to claim asylum in the United States, making a six-week journey across
Mexico organized by Pueblo Sin Fronteras. After
arriving at the U.S. border and asking for asylum at the San Ysidro Port of
Entry on the U.S.-Mexico border near San Diego, she was taken into custody on
May 9. After being held for five days, she was transferred to the Cibola
facility that houses a dedicated “pod” for transgender women, which ICE says
is run by medical and detention staff trained in “best practices for the care
of transgender individuals.” Less than three weeks after arriving in the
U.S., she was dead. Editor’s Note: This post has been updated with ICE’s
statement and to clarify the timeline of Roxsana
Hernández Rodriguez’s treatment.
Nov 15, 2018 santafenewmexican.com
Asylum-seekers sue over wages at prison in New Mexico
ALBUQUERQUE — The operator of one of the largest private prison systems
in the United States paid detained immigrants at a Western New Mexico prison
as little as $1 per day as part of “volunteer” work programs, and refused to
pay them minimum wages even though they were not convicted of any crimes, a
new federal class-action lawsuit alleges. Three detained men from the Central
African country of Cameroon who came to the U.S. seeking asylum were paid the
low wages for janitorial and kitchen work at the CoreCivic-run
prison at the Cibola County Correctional Center in Milan, near Grants,
according to court documents filed Wednesday in U.S. District Court in
Maryland. For about six months, Desmond Ndambi, Mbah Emmanuel Abi and Nkemtoh
Moses Awombang were held at the detention center
after surrendering to U.S. officials at the U.S.-Mexico border in Texas in
June 2017, said Joseph Sellers, the attorney for the men and a partner at
Washington, D.C., law firm Cohen Milstein Sellers & Toll. All three men
are members of a politically persecuted Anglophone minority in Cameroon, and
they came to the U.S. fleeing torture and persecution by police, Sellers
said. But it was while they were awaiting the hearing for asylum that prison
officials offered the men a chance to make money to cover basic necessities
like phone calls, food and toiletries while in detention. The men were
sometimes paid around 50 cents an hour or $15 a week regardless of the number
of hours they worked, in violation of state and federal wage laws, the
lawsuit said. “They had no way of knowing if that was unlawful or not until
they consulted a lawyer,” Sellers said. “They were doing real work like the
rest of us work. They are entitled to be paid overtime. They are entitled to
be paid the prevailing wage. They were paid far below it.” Amanda Gilchrist,
spokeswoman for the Nashville, Tenn.-based CoreCivic,
said she couldn’t speak to the specifics of pending litigation. However,
Gilchrist said all work programs at CoreCivic’s
U.S. Immigration and Customs Enforcement detention facilities are completely
voluntary and operated in full compliance with ICE standards. “We set and
deliver the same high standard of care — including three daily meals, access
to health care and other everyday living needs — regardless of whether a
detainee participates in a voluntary work program,” Gilchrist said in a
statement. Sellers said the men were not facing criminal charges and are now
U.S. residents living in Maryland and Ohio. The men are seeking an
unspecified amount in back pay and damages. Attorneys said they believe as
many as 1,000 other immigrants held at the Cibola County Correctional Center
might have worked for similarly low wages and could be entitled to relief.
Last year, a federal judge ruled that Washington state could pursue its
lawsuit seeking to force GEO Group — one of the nation’s largest operators of
privately run immigration detention centers — to pay minimum wage for work
done by detainees. The for-profit company runs the Northwest Detention
Center, a 1,575-bed facility in Tacoma, Wash., where detainees are held
pending deportation proceedings.
Jan 6, 2018 usnews.com
Official: Cibola County Facing Prospect of Bankruptcy
GRANTS, N.M. (AP) — A New Mexico county is facing the
prospect of bankruptcy in 60 days and the likelihood of having to move
forward with layoffs and liquidate assets, officials said. Cash-strapped
Cibola County is in "crisis mode" after years of overspending and
the recent discovery that it sent a bounced check to the for-profit prison
company CoreCivic, interim County Manager Valerie
Taylor said. The Gallup Independent reports that Taylor has contacted the New
Mexico Department of Finance and Administration Local Government Division
Special Director Michael Steininger to straighten
out the finances. Taylor said in all likelihood the state would bail out
Cibola County with a loan and establish a repayment plan for the county if it
can't pay its debts.
"If we do not make significant changes, I believe
we are going to be insolvent by the end of February," Taylor said at a
county commissioners meeting. The county overspent by $9.5 million from 2013
to 2016 and wrote the $7 million bounced check to CoreCivic
in November. The county has a contract with U.S. Immigration and Customs
Enforcement to serve as a pass-through for payments to CoreCivic,
which houses immigrant detainees at a prison in Milan. The county receives
money from ICE and in turn sends payments to CoreCivic
using the federal funds. Taylor said the county had dipped into $5.6 million
of the ICE money and was still in need of another $2.6 million to cover a
shortfall from the November payment. Since the check bounced, a separate
account has been set up to make payments to CoreCivic,
the newspaper reported. The county also is liquidating $3 million from a
money market account with the Bank of New Mexico. Taylor said she plans to
recommend liquidating some county property. "But that's a very slow
process," she said. "It does not help us out in the short-term to
cover a big debt, so we need to be looking at every dime." The financial
outlook in the coming year appears bleak, with tax revenues down and the
county already tapping its reserves. "We just don't have any funds. We
can't keep writing out checks," said Commissioner Martha Garcia, who was
sworn into the post last January. "Many people won't
like what's going to be coming down, but we have to, because if we don't, the
county's broke. And what happens after that?"
Aug 15, 2016 thenation.com
The Feds Will Shut Down the Troubled Private Prison in
a ‘Nation’ Investigation
The BOP notified one of the country’s leading private
prison companies, Corrections Corporation of America, on July 29 that a
long-troubled federal prison the company had operated for 16 years will be
closed down. The notice is exceptional in the BOP’s history of overseeing its
privatized prisons—in the last decade, it has ended only three other private
prison contracts before they were set to expire—and it follows reporting by
The Nation and the Investigative Fund that documented poor medical care at
the prison, including at least three questionable deaths. This article was
reported in partnership with the Investigative Fund at the Nation Institute,
with support from the Puffin Foundation. The minimum-security Cibola County
Correctional Center, in Milan, New Mexico, holds 1,200 prisoners, all
noncitizens convicted of federal crimes, who will be moved to other prisons
before the facility is shuttered at the end of September. Cibola is one of
several facilities that have been the focus of a Nation and Investigative
Fund series that has uncovered dozens of questionable deaths in 11 privatized
federal prisons. Drawing from 30,000 pages of previously unreleased federal
records obtained through an open-records lawsuit, we documented dozens of
premature deaths following shoddy medical care in these federal prisons,
which are used to hold noncitizens. The documents, as well as interviews with
former BOP officials and contractors’ medical staff, reveal the BOP’s own
oversight monitors issuing increasingly stern warnings about medical neglect,
understaffing of medical units, and underperforming internal quality-control
systems. Yet federal administrators repeatedly extended contracts at the same
prisons that the agency’s monitors declared to be in trouble. The standard
contract offers private companies a 10-year agreement to operate the prisons.
Cibola marks only the fourth time in the last decade that the BOP has walked
away from a contract prior to the end of that 10-year period. Each time it
has done so, including with CCA’s Cibola contract, it has ended the contracts
as no-fault terminations. Not once has the BOP terminated a contract for
default, which could negatively affect a company’s ability to acquire a new
federal contract. The last privatized federal prison to lose a contract
before the end of the normal 10-year agreement was the Willacy County
Correctional Center in southern Texas. As I reported in The Nation last year,
Willacy erupted in a major riot in February 2015, after guards responded to a
protest over medical care with tear gas and rubber bullets. The prisoners so
ransacked that facility that the BOP declared it uninhabitable and was forced
to end the contract it had signed with Management & Training Corporation.
As The Nation detailed in June, Cibola has been among the BOP’s most
problem-prone private prisons, accumulating more demerits from BOP monitors
than any other private facility for repeated and systemic violations in the
medical unit. Prison medical staff repeatedly failed to evaluate and treat
patients in accordance with policy, and for months on end the prison operated
without a single medical doctor. CCA’s spokesperson Jonathan Burns told The
Nation in an e-mail that the company is “disappointed with the decision” to
end the Cibola contract, which was not set to expire until 2020. He did not
reply to a question about any attempts by the company to address medical
deficiencies. The Bureau of Prisons did not respond substantively to
questions about whether the decision to close Cibola was related to
documented health-services problems. A BOP spokesperson wrote, “The Bureau
decided it was not in our best interests” to extend the contract. A BOP
spokesperson wrote, “The Bureau decided it was not in our best interests” to
extend the contract. In April 2014, BOP monitors found Cibola’s medical unit
was operating far out of compliance with federal standards, and the agency
warned CCA to correct course. When monitors returned, however, they
discovered that CCA had failed to comply. For the fifth time in a row,
monitors found that the prison hadn’t appropriately treated inmates with TB.
For the third consecutive time, HIV care was also not up to standard. For the
fourth time, inmates were not properly assessed for medical issues. And the
oversight monitors discovered a prisoner had died after a long delay in care
following a heart attack. “The contractor failed to implement corrective
action for the past 5 years,” a BOP official wrote CCA in a 2015 letter I
obtained last week, through my open-records lawsuit. The BOP continued to
warn CCA about the facility, and it even appeared to show some improvement,
according to BOP records. But in March of 2015 another prisoner died: a 39-year-old
Mexican man named Jelacio Martinez-Lopez, whom
federal officials had previously flagged as suicidal, hanged himself after he
was left alone and untreated in a cell. Renee Wilkins, a psychologist, served
as Cibola’s mental-health director for a decade until her retirement shortly
after Martinez-Lopez’s suicide. She said last week that the prison’s health
and mental-health departments were consistently understaffed, and that she
lacked necessary resources to treat seriously mentally ill patients. Despite
what Wilkins called “constant problems with staffing of our medical
department,” an issue the BOP has noted across the federal prison system, BOP
administrators have renewed or extended the agreement with CCA nine times
since the Cibola contact was first inked in 2000. “The Bureau of Prisons’
decision to cancel the Cibola private prison contract is welcome but long
overdue,” said Carl Takei of the ACLU, “given the Corrections Corporation of
America’s well-documented, sometimes deadly history of failing to meet
contractually mandated medical standards. But it’s important to remember that
the bureau still contracts with 10 other private prisons that hold noncitizen
prisoners with little transparency, limited oversight, and similarly grisly
records.” The Department of Justice’s inspector general last week released an
investigation of the bureau’s system of contract prisons and the federal
oversight of them. The report found that on a set of safety measures the
private prisons, which at the time of the study held 22,000 men, performed
more poorly than BOP-run facilities. In the area of medical care, the BOP’s
efforts to monitor the prisons were hobbled by poor communication between
various parts of the oversight infrastructure, and weak evaluation tools. When
prisoners died in the contract facilities, the investigators discovered, the
bureau had not set up adequate procedures “to require corrective action from
the contractor.” Echoing our own investigation, the report said that problems
went “uncorrected for extended periods,” because the BOP had no systems in
place to “proactively take action before a problem becomes acute or
systemic.” In the next nine months, 10 more contracts will be up for renewal
or extension. “The bureau should be moving more quickly to shut down this
entire network of shadow prisons,” Takei added.
Aug 2, 2016 kob.com
Prison in Cibola County to close in October
A New Mexico prison announced Monday it will be closing its doors later this
year. The Cibola County Correctional Center in Milan, which is near Grants,
will close for good on Oct. 1, according to the Cibola Beacon. About 300 jobs
will be affected. “Just sad, a lot of broken hearts,” said Amy Degroat, who lives in Milan. “I mean it's just … there
are families where Mom and Dad both work there. It just … it sucks. I'm
trying to be hopeful because the women’s prison across town almost lost their
contract. I'm trying to be hopeful, but it's not looking good. The privately
owned, minimum-security facility has been operated by the Corrections
Corporation of America since 1998. According to statement from the CCA, the
Federal Bureau of Prisons did not renew its contract with the facility. Steve
Owen, managing director of communications for the CCA, said they are
disappointed with the Bureau of Prison’s decision but will continue its
operations until October. “Because we have just learned of the decision, we
are still working through the timing and logistics of the transition process
with the BOP,” Owen said in the statement. “Our top priority now is ensuring
that any staff member who wants to continue his or her career with our
company has the opportunity to do so. For employees unable to transfer, our
team is coordinating efforts to help them find jobs in the local area.” In
the years since the prison opened, it has seen a couple of large inmate
protests. In 2001, more than 600 inmates refused to return to their cells,
and were eventually tear gassed. The protest was over the quality of the
food. Then in 2013, around 250 inmates held a peaceful demonstration in the
prison yard. After several hours, they returned to their cells. Prison
officials did not reveal the reason for that protest.
28
Mar 2013 krqe.com
ALBUQUERQUE (KRQE) -
Inmates at the privately run federal lockup in Cibola County have ended
several hours of protesting. Several hundred prisoners refused to leave the
recreation yard at the Cibola County Correction Center in Milan Wednesday. It
ended peacefully around 8:30 p.m. Wednesday. No one's saying what it was all
about. The center, run by Corrections Corporation of America, holds prisoners
awaiting trial on federal charges.
03/27/2013
kob.com
About 250 inmates at
the private Cibola County Correctional Center were reportedly being
"non-compliant" to guard’s orders and gathered in the prison’s
recreation yard for several hours Wednesday. The Cibola County undersheriff
tells KOB the inmates are "being peaceful." The unrest began at
about 10:30 a.m. Wednesday and was continuing at least through 2 p.m.
Wednesday afternoon. Law enforcement called to set up outside the scene
include New Mexico State Police, Grants Police, Milan Police and the Cibola
County Sheriff’s Department, as well as guards from other prisons. The Cibola
County Correctional Center is all-male, minimum-security facility with 1129
beds run by the Corrections Corporation of America. KOB has a crew on the way
– stay with us for details.
ec 30, 2012 cibolabeacon.com
CIBOLA COUNTY – A three-year tax dispute was settled in less than 10 hours,
according to Cibola County Commission Chairman Eddie Michael. Recently,
Chairman Michael, along with an attorney for Risk Management, met with
representatives from the Correction Corporations of America (CCA) in
Albuquerque to settle a three-year-old property tax dispute. CCA is contracted
to manage the Cibola County Corrections Center in Milan and the New Mexico
Women’s Correctional Facility in Grants. The Milan men’s prison has nearly
1,500 inmates while the Grants women’s prison has slightly more than 500.
Apparently, CCA was disputing the amount they have been charged in property
taxes since 2010. Their property tax had gone from a taxable value of $52
million in 2009 to $78 million in 2011, Michael said to the Beacon last week.
CCA was disputing their taxable value for 2010, 2011 and 2012. “In today’s
economy, I don’t know how property tax can be raised so high,” Michael said
in regard to the hike. He did note that in 2010, the state had mandated the
county to raise property taxes 15 percent because they hadn’t raised taxes in
several years. “Besides that, I don’t understand why there would be such a
big increase,” Michael said. After eight hours of negotiations, Michael and
CCA, in a handwritten agreement, settled on a taxable value increase of $2.4
million, from $52 million to $54.4 million, for the Milan prison, and, from
just more than $26 million to $28 million for the Grants prison. “Ultimately,
CCA and the county felt $54 and $28 million were fair,” Michael explained. “I
asked the rest of the commissioners, in closed session on Dec. 12, for
approval on the deal. On Monday, Dec. 17, they voted unanimously to support
it. Following the settlement, the county will receive $2.7 million in tax
revenue from CCA for years 2010, 2011 and 2012. “This will hike our cash
reserves to approximately $8 million,” said Michael. “We had been working on
this for two years. We finally got the chance to sit down and get the deal
done, and now we move on. “It was my job to work the deal, ultimately, it is
the commissioners’ decision to support it or not. Thankfully they did.”
According to Michael, as of late last week, the deal was still based on the
handwritten agreement. However, Michael said he expected everything to become
official by the end of this week. The Beacon was unable to reach CCA officials
for comment yesterday because their corporate offices are closed on weekends.
September 19, 2007 AP
The state Court of Appeals has ruled that a private prison company is not
entitled to a refund of taxes for operating prisons that house inmates for the
state and federal governments. Corrections Corporation of America had sought
a refund of state gross receipts taxes, claiming it was allowed a deduction
for the leasing of its prisons under agreements with the Department of
Corrections and the federal Bureau of Prisons. The Court of Appeals concluded
Tuesday there was no lease of real property. "The fact that CCA had the
right to fill up any extra space with inmates from other jurisdictions
coupled with the governmental entities' paying based on the number of inmates
housed, makes these agreements look more like those between 'hotels, motels,
rooming houses, and other facilities' and 'lodgers or occupants' than leases
for real property," the court said in an opinion written by Judge
Michael Bustamante. The company built and owns prisons used by the state and
other governments: the New Mexico Women's Correctional Facility in Grants,
the Cibola County Correctional Center near Milan and the Torrance County
Detention Facility at Estancia. In 2002, the company filed for a refund of
nearly $2.5 million for taxes from January 1999 to October 2002. A state
district court in Santa Fe ruled against the company in 2005.
September
18, 2007 AP
The state Court of Appeals has ruled that a private prison company isn't entitled
to a refund of taxes for operating prisons that house inmates for the state
and federal governments. Corrections Corporation of America had sought a
refund of state gross receipts taxes. The company claimed a deduction for the
leasing of its prisons under agreements with the Department of Corrections
and the federal Bureau of Prisons. The court ruled today that there was no
lease of real property. In 2002, the company filed for a refund of nearly
$2.5 million for taxes from January 1999 to October 2002. In its appeal, the
company dropped some claims but didn't specify the amount of refund it was
seeking. CCA operates a prison at Grants that houses state female inmates. It
also has a prison in Torrance County and contracts with the Bureau of Prisons
to hold federal inmates near Milan in Cibola County.
August
30, 2007 Cibola Beacon
The Beacon recently received several calls from residents concerned about the
safety of the community because of the staff shortage in the areas prisons.
All three prisons, Western New Mexico Correctional Facility in Grants, Cibola
County Corrections Center (AKA Four C's) in Milan and the New Mexico Women's
Correctional Facility, also in Grants, are currently in need of correctional
officers. Four C's in Milan is the most needful of officers. Currently, it is
38 officers short. The facility has a total of 159 CO positions,
therefore it is now understaffed by 24 percent. “First, there is absolutely
no risk to be concerned about,” Warden Walt Wells said on Wednesday. “We
continually analyze the staff to be sure we have the adequate staff to
protect our inmates, employees and the community. We'll never let it fall to
the level to where there is a risk.” According to Warden Allan Cooper at the
Grants women's facility, Americans Corrections Association says the ratio of
inmate to corrections officer should be about 580 inmates to 76 staff, about
65 of the latter being correctional officers. “The public will never be at
risk,” said Cooper. Cooper's Administrative Assistant, Lisa Riley, said they
have to fill all the posts no matter what. “If it costs us lots of overtime,
that doesn't matter,” Riley said. “We have our requirements that have to met by the state.”
July
4, 2006 Cibola Beacon
Cibola County Undersheriff Johnny Valdez announced Friday that marijuana was
recently found at two local prisons. CCSO Deputy Mike Oelcher
and Deputy Dog Ashe found a small amount of marijuana in an inmate’s bunk at
the Cibola County Detention Center and behind a pay phone typically used by
inmates in the common area of a pod last Tuesday. Burnt residue weighing .2
grams found in an inmate’s bunk will not result in charges, he explained.
Even the district attorney did not want to press charges even though bringing
drugs into a prison, regardless of amount is a third-degree felony, according
to CCSO officials. No one will be charged for the marijuana found behind the
pay phone either. “It’s a common area and they can’t charge any one with it,”
said Undersheriff Valdez. CCSO arrested Corrections Corporation of American
Women’s Correctional Facility inmate Stephanie de Santiago, 22, of Roswell,
for possession of marijuana at the facility a week ago Monday. The drug was
found during a routine search of the inmate after she spent time with a
visitor. The marijuana tested positive with a test kit at the prison, which
allows probable cause for the arrest, said CCSO spokesman Lt. Harry Hall. Lt.
Hall said the street value for the marijuana is not known at this time, but
the district attorney’s office will prosecute Santiago and possible charges
are pending against the visitor who brought the drug into the facility.
February
29, 2004
Some families of inmates housed in the Cibola County Detention Center are
upset at the fees being charged to prisoners. There is a $10 booking
fee, a $5 release fee and various fees for medical costs. The Grants
Police Department is upset about these fees as well, when they apply to city
prisoners being booked at the county jail. "We're being charged a daily
rate of $57 per inmate housed by the county and yet they still charge the
inmates a fee as well," said Chief Marty Vigil. Cibola County
Detention Center Administrator, John Gould sees it as part of doing business.
"We figure it costs about $70-$75 a day per prisoner. And it's not like
we charge them $15 a day. It's a one time
administrative cost whether they're in jail for one day or 300
days." When asked if the daily cost of housing prisoners was $70,
then why was the City only charged $57, Gould replied that it was to
"give the City a break." Gould said, "why should
citizens who haven't committed any crimes pay for those who commit them?
These people think nothing of peddling drugs near our children's schools.
They are not bothered by burglarizing an honest person's home and stealing their
hard earned possessions. But, when the county chooses to establish a fee for
being booked in the detention center, these people call out to the honest and
hardworking citizens of Cibola County, their victims, because they do not
think they should be made to pay for a small portion of their incarceration.
They feel that the community they victimized owes them." Last
fall, the commission voted to approve charging inmates these fees.
(Cibola Beacon)
February
12, 2003
Cibola County residents and doctors are opposing the County Commission 's
efforts to sell the county hospital. Acting County Manager David Ulibarri
said Tuesday the possible sale of the hospital and construction of a county
jail are not linked. He said gross receipts taxes have been dedicated to pay
off the jail. The county currently contracts with a private company,
Corrections Corporation of America , for prisoner
space, but wants to build its own jail to slice the cost, Ulibarri said. The
county built the current CCA-run jail about 1994, intending to house not only
the 40 inmates the county averaged then, but also to house state prisoners
for a fee. However, the Johnson administration later removed state prisoners
from Cibola County . CCA then came in with an offer
for the jail, which it expanded to house federal prisoners, Ulibarri said. In
the years since, he said, the cost of housing county prisoners with CCA has
risen along with the average number of county inmates - now about 80 a month.
Inmate care now runs about $1.3 million a year, Ulibarri said. The county
wants to build a jail because "we can find ways to cut our own costs, we
can control our own destiny," he said. (AP)
July
5, 2002
A teacher at Cibola County Corrections Center has been charged with criminal
sexual penetration for allegedly having sex with an inmate in a prison
office. Ortega, who taught federal inmates at the privately run center
was having sex with an inmate May 20 when the prison's chief of security
walked in on the couple, court documents said. The prison houses
foreign nationals from Mexico and south America who entered the country
illegally and committed nonviolent crimes. The prison is operated by
the Corrections Corporation of America. (The Associated Press)
December
14, 2001
A government watchdog group is satisfied with an agreement by judges in
Cibola County to ensure future court hearings in the county are open to the
public. Robert Johnson, executive director of the New Mexico
Foundation for Open Government, wrote state District Judge Louis McDonald after
the public was kept out of a hearing in the Cibola County Corrections Center
in August. McDonald said it was never a matter of not wanting the public to
attend the hearing, but rather an issue with the location of the hearing in
the private prison. (AP)
August
3, 2001
An Albuquerque man charged with murder after being accused of running down a
state police officer had initial court appearance Thursday out of public view
behind the gates of a private prison. Cibola County Magistrate Jackie
Fisher held the initial appearance before noon for Zacharia Craig, 19, at the
Cibola County Corrections Center, where such proceedings have been held over
the past year because of a crowded courtroom in Grants, six miles away.
The appearances for Craig, his brother Aron Craig and other prisoners
Thursday were closed. The prison says it requires 24 hours' notice to
screen visitors for security reasons. News media who sought access
learned about the hearing Thursday morning. The procedure was
questioned by Albuquerque attorney Marty Esquivel, who handles open records
and open meetings issues. "Regardless of where the courtroom
activity takes place, there is traditionally a right of access to this type
of criminal proceeding and it must be observed," he said.
"Preventing access to judicial proceedings in jail raises a red flag for
First Amendment concerns as well as issues regarding the defendant's right to
a fair trial," Esquivel said. The magistrate court and the
correctional center entered into an agreement about a year ago to hold
initial appearances in the prison. Magistrate Eliseo Alcon of Grants
said the pact came about because he became worried about security at his
courtroom. Alcon said that if people want access to a particular
hearing, they must notify the jail so a different place can be set up for
that appearance. First appearance are the only proceedings held at the
prison, Alcon and Don Russell, executive assistant to the warden, said.
Arraignments - in which defendants enter pleas - are held in Grants,
generally in district court for felonies. (AP)
April
25, 2001
The Cibola County Corrections Center in Milan remained under lockdown Tuesday
as prison officials tried to determine the cause of an inmate protest that
ended the night before with tear gas. Preliminary interviews with
inmates at the privately run prison suggested they protested over food
service or the price and availability of items at the prison commissary, said
Don Russell, executive assistant tot he
warden. Of the prisoner's 818 inmates, 766 are federal prisoners and
the rest are in the custody of Cibola County, Russell said. The federal
inmates all are illegal immigrants who have been convicted in the United
States and are subject to deportation after they serve their prison terms, he
said. Inmates at the same prison staged another nonviolent protest in
December over food portions, menus and the price and selection of items at
the commissary, Russell said. Inmates at the low-level security prison
in Milan receive a diet containing 3,200 calories a day, Russell said.
( Journal Capitol Bureau)
April
24, 2001
An inmate protest at a privately-operated prison was a result of concern
about food and, for some prisoners, taxes, authorities said. The
protest, in which more than 600 inmates refused to leave the exercise yard
and go inside the Cibola County Correctional Facility, lasted about 12 hours
Monday. Inmates were unhappy with food served, and with having to pay
gross-receipts taxes on items purchased in the prison's commissary, state
police Capt. Glenn Thomas said. The jail, operated by Tennessee-based
Corrections Corporation of America, houses mostly federal prisoners from out
of state. (Koat/Daily News)
April
24, 2001
Prison officers interviewed inmates Tuesday a day after lobbing tear gas at
them to end a 655-inmate protest in the institution's recreation yard,
apparently over prison food. "Over the next few days, we will
conduct an in-depth incident debriefing and follow up to determine the cause
and prevent future incidents from occurring," said Steve Owen, director
of marketing for Corrections Corporation of America, which owns and operates
the Cibola County Correctional Center. Inmates spent 12 hours milling
around the recreation yard after refusing to go to education classes or work
assignments. The prison on Tuesday remained under lockdown, meaning
prisoners are confined to their cells. The inmates, housed in Cibola
County under a contract with the Federal Bureau of Prisons, are criminal
aliens -- people who are not U.S. citizens who have been convicted of
felonies in federal courts across the nation and who are subject to
deportation proceeding once their sentences end, Owen said. A few
inmates in the yard carried signs protesting racism. However, Don
Russell, a spokesperson for the prison, said Monday the protest centered on
complaints about prison food and the prison commissary. He refused to
go into detail. Owen said Tuesday he could not confirm what the protest
was about. (AP)
April
24, 2001
The standoff is finally over -- several hours after inmates refused to leave
the recreation grounds at a private prison near Grants in New Mexico Monday
night. Authorities finally got the situation under control around 9:30
P.M. local time after they were forced to throw tear gas into the recreation
yard of the Cibola County Correctional Center Monday night in an effort to
get the inmates back into the prison. Over 600 inmates had been in the
yard since 8:00 A.M. Monday morning. (KOAT/Albuquerque)
April
24, 2001
Authorities fired tear gas Monday night to break up a daylong protest by
about 700 inmates at a private prison. The prisoners were to be
handcuffed, checked for weapons and returned to their cells, State Police
Capt. Glenn Thomas said. That was expected to take several hours.
"All day long, they were not complying with anything," Thomas said
of the inmates at the Cibola County Correctional Center. "We finally had
to do something." The inmates refused to leave the recreation yard
about 8 a.m. to go to classes or work assignments, Steve Owen, director of
marketing for Nashville, Tenn.-based Corrections Corporation of America, said
in a statement. (AP)
CiviGenics Drug
and Alcohol Rehabilitative Center
Fort Stanton, New Mexico
CiviGenics
August 26, 2004
Darcy Holmes said she didn’t mind being tested for drug use during a surprise
facility-wide search at the CiviGenics Drug and
Alcohol Rehabilitative Center at Fort Stanton Tuesday. But she was
infuriated that she and other staff were herded into a circle and kept at
gunpoint for hours with offenders on probation and parole during the
search. “I feel they put our lives at risk,” said Holmes, a
semi-retiree who worked the past five months for the Massachusetts-based company
that is under contract with the state Corrections Department. “Someone could
have taken a hostage or if a riot broke out, shooting could have started. I
think they violated our safety. We were surrounded by officers from Carlsbad
and Roswell with semi-automatic weapons and they held guns on us for three
hours.” Tia Bland, public information officer for the corrections
department, said Wednesday that, “We believe the whole operation was handled
professionally. Staff and offenders were rounded up, but weapons were not
pointed at anyone. However, we needed to ensure they remained in one place
while the whole facility was searched.” The department received
information about possible drug use by staff or offenders and decided a
facility-wide search was needed, Bland said. “We were pretty pleased
not to find a whole lot,” she said. “They found a few minor drug
paraphernalia and mushrooms that we are having tested.” This isn’t the
only incident that she says points to a disregard for staff safety, Homes
said. “Our radios don’t work and when a duty officer is doing a head count,
(he or she) has no way to communicate.” Kevin Beckworth,
the regional manager for CiviGenics based in
Colorado, said the fort has three times the number of radios required and
there is no reason they shouldn’t be an adequate number charged and ready to
use at any time. Holmes already had decided to quit her job and today
is her last day at the fort. David Lucero, another employee who has
given notice, said he arrived about 4 p.m. and saw police cars and officers
carrying M-16s. He said the first man handcuffed is Cuban and doesn’t
understand English well. “I don’t think they made it clear they weren’t
supposed to stand,” he said. “They handcuffed him for at least two to three
hours. If he had gotten mad and something started, we couldn’t contain them.
We were in there and if rounds were fired, we were in the middle.” But
Lucero said his big gripe is that after the inmates were upset by the search,
he and a female employee were left to watch them overnight. That’s about 41
offenders to one guard, he said. The staff is “run ragged,” he said and
more employees are needed. “Over the last six months, I made more than
$4,000 in overtime because they can’t get enough people to work or to hire,
or they don’t last. “We’re working 12 to 16 hour shifts and we’re
tired. No one get raises because we’ve burned up all the overtime because the
program director didn’t hire anybody for three or four months in a
row.” The ratio of employees to offenders also is too small on trips
into town, he contended. Beckworth said
two-person staffing is normal for the night shift. “The director at any
time has the authority to bring on more people if the situation requires it,”
he said, noting that several employees live on-grounds for any quick
emergency response. Lucero also criticized the prison-like atmosphere
at the center. “This is a rehab center, not a prison, but it’s run like
a prison,” he said. “We’re in it for the guys to get rehab.” He
said he doesn’t think that’s the same goal at the corporate level. “When I
have voiced my opinion in past, they won’t listen.” Lucero said he’s worried
violence may erupt at the fort someday, damaging property and possibly
resulting in injury to people. According to company information, CiviGenics, the second largest privately-held corrections
operator and the largest provider of correctional treatment programs in the
United States, was incorporated in 1995 and operates in 14 states with a
staff of more than 1,200. The company took over from The Amity
Foundation about a year ago. (Ruidoso News)
Curry County Jail
Curry County, New Mexico
May 12, 2009 Clovis News Journal
Most counties that hire private companies to run their jails find they have
the same problems, but less control with the same accountability, a team of
three experts told Curry County commissioners on Tuesday. Manny Romero with
the New Mexico Association of Counties shared a “snapshot” of pros and cons
with commissioners at a special meeting. Romero said it has been his
experience that most counties that try privatization end up dissatisfied or
have significant difficulties and retake control of their jails. Romero
conducted an assessment of the Curry County Adult Detention Center in
September, on the heels of the escape of eight inmates on Aug. 24. In his
report, Romero cited “abysmal” structural issues, training, staffing and
outdated policies and procedures as top issues plaguing the facility. When
considering private or county jail management, there are security problems
either way, he said, explaining profit-driven companies often shortstaff and undertrain, don’t pay their people as well
as governments and may cut other corners to save money and increase profit.
“There’s going to be a profit motive, that’s how they work,” he said. And
there are too many factors involved to predict if money will be saved for the
county. But they also have certain freedoms government doesn’t, he said. They
can fire substandard employees quickly with far less due process than
government can, they can make purchases without being bound by laws requiring
bidding procedures, often finding better deals or buying more quickly.
However, under law, jails are not a responsibility that can be delegated away
from the county, explained Steve Kopelman, NMAC risk management director.
“The county will always be named in the lawsuit,” he said. “You can negotiate
your contract really well (but) the buck stops with the Commission anyways.
... You have to do due diligence and do your homework because there are so
many pitfalls.” Currently only one New Mexico county, Lincoln, has a private
company running its jail, Bruce Swingle with NMAC
told commissioners. At least five other counties tried privatization, a
concept that gained a lot of momentum in the 1990s, but returned to running
their own jails, often because of liability claims that arose. Most often,
employees of private corrections companies have prison backgrounds and bring
that knowledge with them to county jails, but that creates a problem because,
“what’s allowed in a prison is not always allowed in a jail. There’s a big
difference between the two,” Swingle said. An
example Swingle pointed to was a private company
that engaged in illegal strip searches of Santa Fe County inmates. Essentially
counties found that to reduce their liability exposure, they had to give up
control of the facilities and give private companies authority to manage as
they saw fit. “If you’re going to do it, do it. If you’re not, then stay the
heck out of it,” he said. Swingle said the crux of
the problem lies in the fact that, “If you get involved in it you’re going to
be liable. If you stay out of it, you have no control.”
Dońa Ana County Detention
Center
Jul 9, 2016 lcsun-news.com
Jail inmate claims wrong diagnosis led to life-threatening condition
LAS CRUCES - A 32-year-old Dońa Ana County Detention Center inmate is
claiming two wrong diagnoses by jail medical personnel led to a
life-threatening condition, unnecessary anguish and large medical bills.
Inmate Ezekiel Verdugo is likely to sue the county, the city and medical
personnel over the matter, according to county documents. Verdugo, who's been
in the county-owned facility since October 2015, began feeling "severe
abdominal pains" on March 31 or April 1 of this year, according to a
June 27 tort notice filed with the county. He complained to detention center
personnel. Nursing staff initially diagnosed him has having constipation and
administered a treatment that was "extremely painful," the notice
states. The original pain didn't disappear and instead worsened, according to
the tort notice. "On one occasion, when he could not stand up, he and
another prisoner insisted he needed to see a doctor," states the
document, written by Las Cruces attorney Peter Goodman, also a columnist for
the Sun-News. "At one point Mr. Verdugo fell to the floor, and an
Officer Gonzalez mocked him and told him 'Get up, you're OK.'" Then, on
April 5, medical staff again diagnosed Verdugo — incorrectly — as having
kidney stones, according to the document. 'He was septic' "In fact, Mr.
Verdugo's appendix ruptured," the letter states. "He was
septic." According to the Mayo Clinic's website, appendicitis is an
"inflammation of the appendix, a finger-shaped pouch that projects from
your colon on the lower right side of your abdomen." The role of the
appendix may be to serve as a storage place for healthful bacteria, according
to a March 21 New York Times article. A ruptured appendix can be
life-threatening. A day later, Verdugo was transported by air ambulance to a
hospital, where he underwent an operation. There, a physician told him he'd
likely only survived because of his relative young age and overall health,
according to the notice. He was sent to a rehabilitation center for a stint
of recovery and returned to the jail on May 25. He still had a "gaping
hole in his abdomen" that required his bandages be changed twice a day,
which "was not always done" by jail staff, according to the tort
notice. Verdugo also experiences "severe pain, for which Detention
Center authorities have not given him adequate pain medication," the
document states. Verdugo doesn't know the long-term complications of the
ordeal, but "his body feels very different and appears to have sustained
damage to his left lung," according to the letter. "He believes
that the foregoing facts establish that the Detention Center, its nurses, and
its guards were at least negligent in their diagnosis and treatment of him,
and that, had he seen a doctor sooner, his appendix could have been operated
on in a safe and routine manner, before it ruptured," the claim states.
"He has suffered extensive mental anguish in prison, far beyond the
natural and normal displeasure of being incarcerated." Verdugo received
"extensive" medical bills tied to the incident that are "far
beyond his ability to pay," according to the letter. Verdugo believes
the bills are attributable mostly or fully to the improper care he received
in the jail. Goodman, who notes that he's representing Verdugo "for the
limited purpose of making sure his rights are preserved," wrote that
there's a "substantial likelihood that a lawsuit will be filed ... ." Dońa Ana County spokesman Jess Williams
declined to comment because the matter involves threatened or pending
litigation. The county has a contract with Corizon
Health, a private company, to provide medical care to inmates in the
detention center. The company isn't specifically named in Verdugo's tort
notice as a possible defendant, but yet-unidentified nursing staff are
listed. "Due to patient privacy, the claim and the threat of litigation
we are going to have to decline comment," said Martha Harbin, director
of external relations for Corizon Health. Asked to
respond to the possible lawsuit, city of Las Cruces spokesman Udell Vigil said Las Cruces police had arrested Verdugo.
"Mr. Verdugo was stopped by LCPD for a traffic violation and
subsequently arrested after it was learned he had an outstanding arrest
warrant out of Arizona for a parole violation," he said in an email.
"That is the extent of the City’s involvement in this case."The county detention center holds inmates
arrested by several area law enforcement agencies, including the city of Las
Cruces. Court records show Verdugo was initially arrested in early 2015 on an
out-of-state warrant. In May 2015, a Dońa Ana County grand jury indicted
Verdugo on four alleged counts of child abuse not resulting in death or great
bodily injury, third-degree felonies. In November 2015, another grand jury
indictment accused Verdugo of forgery involving less than $2,500, a
fourth-degree felony, for an incident that happened in October 2015. In a
third Dońa Ana County case from December 2015, Verdugo faces charges of
possessing a controlled substance, a fourth-degree felony, and using or possessing
drug paraphernalia, a misdemeanor. He pleaded not guilty to all of the
charges.
Gallup Detoxification Center
Gallup, New Mexico
Na'Nizhoozhi Center Inc.
December 8, 2003
A county commissioner hopes the new Gallup-McKinley County Adult Detention Center
will focus more on helping more inmates change their lives rather than just
making money off their incarceration. Meanwhile, upper management of
the private prison company, Management Training Center, who will soon be
leaving Gallup for good, expressed their thoughts on working in Gallup and
gave advice to the county jail staff. Jail administration went solely to the
city and county at 5 p.m. Monday. McKinley County Commissioner Billy
Moore, who is a member of the city/county Jail Authority Board, said the city
and county government will make errors in the beginning in a trial- and-error
system until they fully learn what they're doing. That's to be expected,
Moore said. "We're going in with a new attitude and a fresh look.
We hope we can do something positive for the jail," Moore said.
Moore has no experience at running a jail, but he said he thinks the county
has been missing out on the profit MTC obviously made. "They're making a
profit, or they wouldn't be there," he said of the private
company. Moore doesn't believe the private prison company's money came
as much from out-of-state inmates because they were only a small percentage
of the jail's overall population. But he said the board might have to look
into taking on out-of-state prisoners if they start losing money. He doubts
that will happen. "They have incentives to keep people in
jail," Moore said of private companies like Management Training Center.
"We have incentives to get them out and get them treatment. Especially
in the cases of DWIs." (Gallup Independent)
April 3, 2002
A lawyer is suing Gallup's detoxification center, alleging it is illegally
detaining people against their will and violating state laws. The lawsuit,
filed by William Stripp of Ramah on behalf of
Lewison Watchman, also contends the Gallup Police Department and the McKinley
County Sheriff's Department put people in Na'Nizhoozhi
Center Inc., known as NCI, when they should not be there. Stripp,
in his filing Monday in state District Court, asked that the lawsuit be considered
a class action. If approved, class action status would let those put in the
center over the past few years become parties to the lawsuit and possibly get
compensation if it is successful. The lawsuit wants anyone who was illegally
detained to be compensated at a rate of $5,000 a day. NCI has said 18,000
individuals are picked up and placed in the center each year. Stripp said the rate was derived from the settlement of a
lawsuit Watchman filed against the city last year after being placed in NCI
for four days against his will. He settled the lawsuit for $20,000. "The
police should be enforcing the laws against false imprisonment," Stripp said. NCI officials said they could not comment
because the lawsuit is pending. The lawsuit contends NCI does not have proper
certification from the state to operate as a health center and that the city
and county are violating the law by allowing the center to hold people there
against their will. Stripp said he plans to seek an
injunction prohibiting police from taking people to the center until NCI
proves to the court that it has the proper licenses and certifications.
Gallup Police Chief Daniel Kneale said he visited
the center last week to check its certification and found it had the proper
certification to detain people who had alcohol or drug problems. The lawsuit
also alleges the center habitually puts more people in a room than allowed by
state law, that staff members at times threatened people placed there or
"touched or applied force to plaintiffs in a rude, insolent or angry
manner," and that people were put together in locked rooms with no
privacy. The lawsuit also contends police officers and sheriff's deputies
turned over people to NCI without adequately investigating whether the center
was authorized to hold people as a licensed "health care facility."
Some of those picked up don't meet the requirement of having their mental or
physical functioning substantially impaired as a result of alcohol, the
lawsuit alleges. (Albuquerque Journal)
Guadalupe
County Correctional Facility
Santa Rosa, New Mexico
GEO Group (formerly known as Wackenhut Corrections)
Dec 24, 2016 abqjournal.com
Inmate sues prison health care provider over injuries
An inmate at a state prison in Guadalupe County has filed a lawsuit
against two nurses and a prison health care provider alleging they provided
inadequate exams after he was attacked by fellow inmates and suffered a jaw
fracture. The delayed treatment, he says, left him permanently disfigured.
Jeffrey Campbell argues that he was assaulted in November 2013 by other
inmates at the Guadalupe County Correctional Facility and was seen by medical
staff “based on obvious trauma to his head and facial area.” He says in the
lawsuit filed in state court last month that a Corizon
Health registered nurse failed to perform an adequate medical exam, despite
the fact that Campbell lost consciousness and could not remember what
happened. He had injuries to his head and face, including a cut over his
right eye, but was returned to his cell on the same night of the fight. The
next day he asked for ice in the morning and evening, but was never examined
for a concussion or a fracture. The next afternoon, he was given an
anti-inflammatory medication and sent to the local hospital’s emergency room.
When he was admitted, according to the lawsuit, he was unable to open his
jaw, had raccoon eyes and a “bleed in the left ear canal.” “It’s important to
recognize that the existence of a lawsuit is not necessarily indicative of
quality of care or any wrongdoing,” Martha Habin, Corizon Health spokeswoman, said in a statement. “But due
to patient privacy and pending litigation, we are unable to provide
information that would provide a balanced perspective of this case.”
According to the company’s website, Corizon Health
is the “leading provider of correctional healthcare services in the United
States.” Campbell says a CT scan revealed fractures of the jaw, and he was
transported to the University of New Mexico Hospital for treatment. “As a
result of the delay in treatment, (Campbell) suffered severe infections and
later required a mandible fracture repair,” according to the lawsuit. That
repair included two surgeries and a bone graft, which left Campbell with
“permanent disfigurement.” He is seeking compensatory damages. Campbell’s
attorney did not return requests for comment. The lawsuit, which does not
give his age, says Campbell is currently an inmate in the Central New Mexico
Correctional Facility in Los Lunas. It does not give the reason for his
incarceration.
Jun 29, 2016 abqjournal.com
New Mexico: Corizon pays out $4.6M
The former contract provider
of medical care for state prison inmates has settled claims by inmates for
nearly $4.6 million, according to information released Tuesday by a law firm
representing the provider, Corizon Health. The claims against
Corizon were filed by 59 inmates at two prisons
where a physician allegedly sexually assaulted some inmates during medical
examinations. Responding to an Inspection of Public Records Act request by
the Journal, the law firm of Chapman and Charlebois, representing Corizon, released a spreadsheet showing settlement
amounts for each of the claims from inmates at the Guadalupe County
Correctional Facility in Santa Rosa and the Northeast New Mexico Detention Facility
in Clayton. The settlements ranged from $7,130 to $192,400. There were 21
settlements of more than $100,000 each. The law firm said it needed
additional time to provide the settlement agreements. The spreadsheet didn’t
specify the nature of the claims made by the inmates, making it impossible to
know whether all the claims were the result of alleged sexual assaults by Dr.
Mark Walden, who reportedly was known among inmates as Dr. Fingers for his
inappropriate rectal and other exams. Corizon, a
national company based in Tennessee, began providing medical care for New
Mexico inmates in 2007 under a contract with the state Corrections
Department. It was recently replaced with Centurion, based in St. Louis.
Under its contract, Corizon – not the state – had
responsibility for dealing with lawsuits alleging improper medical care. More
than 75 inmates have alleged in lawsuits that they were sexually assaulted by
Walden, with at least three others claiming he provided inadequate medical
care. Walden, Corizon and The Geo Group, which
operates the Santa Rosa and Clayton prisons, denied the allegations in their
court responses to the lawsuits. Walden, whose medical license has been
suspended by the New Mexico Medical Board, lost his job after an inmate
complained to the Clayton County Sheriff’s Office in July 2012. Many of the
inmate lawsuits alleged Corizon and Geo were
“willfully blind and dumb” to what was occurring or at least should have
known that Walden was abusing his patients. The lawsuits said Walden spent
longer than he should have with inmates in the examination room. He was
accused of performing twice as many digital rectal exams per month as other
doctors and using a privacy screen with nearly every patient. Medical records
allegedly showed that one inmate went to Walden for an eye problem and got a
rectal exam. One 18-year-old inmate was allegedly ordered to have prostate
exams monthly. The lawsuits alleged civil rights violations, medical
malpractice and negligence. Walden said in court records that he never
sexually abused or fondled anyone. Walden worked at the Guadalupe County
Correctional Facility from 2010 to 2012. He transferred to the Northeast New
Mexico Detention Facility, working there from February 2012 to July 2012. The
Geo Group, based in Florida, operates both prisons under a contract with the
state Corrections Department. Prosecutors reportedly have been building a
criminal case against Walden since early 2013.
Jun
26, 2016 santafenewmexican.com
Constitutional rights clash in suits against former Corizon
prison doctor
A slow-moving federal investigation into a former prison doctor accused
of sexually abusing dozens of New Mexico inmates is holding up civil lawsuits
filed by prisoners against the doctor and Corizon
Correctional Healthcare, the private company that recently lost its contract
to provide medical services for the state’s prison system, court records
show. Allegations against the doctor, Mark E. Walden, first surfaced in 2011
when a 30-year-old prisoner at the Guadalupe County Correctional Facility
complained of Walden fondling him and giving him unnecessary prostate exams.
Since then, some 77 prisoners have filed lawsuits against the doctor and Corizon, the company that hired him. Many of the cases
have been settled out of court under secret terms, but eight involving at
least 13 inmates remain open. None of the cases has gone to trial. Lawyers
representing inmates in one of the open lawsuits say their cases have been
slowed by the criminal investigation. They have been unable to depose Walden,
they say, because Walden has invoked his right under the U.S. Constitution’s
Fifth Amendment not to incriminate himself. The inmates’ lawyers specifically
worry that delays in discovery, the pre-trial phase where lawyers gather
evidence, could hinder their ability to win at trial as time passes and
witnesses’ memories fade. U.S. District Court Judge William P. Lynch in a
June 10 ruling found discovery had been improperly delayed and granted
limited discovery into the inmates’ claims while still shielding Walden from
being deposed as the criminal proceedings against him move forward. Derek
Garcia, an Albuquerque attorney representing four inmates suing Walden over
claims of sexual abuse, said Walden’s rights are being elevated “above the
Eighth Amendment and due-process rights of my clients.” “It’s unfair to allow
the Fifth Amendment rights of Dr. Walden to preclude indefinitely the timely
justice of these inmates’ Eighth Amendment rights to be free indefinitely of
cruel and unusual punishment,” Garcia said in an interview. Lawyers
representing Walden, Corizon and GEO Group Inc. — a
private contractor that runs some prisons in New Mexico and also is named as
a co-defendant in some lawsuits against Walden — say they’ve already turned
over thousands of pages of discovery and that a direct deposition of Walden
would deprive him of a defense in any potential criminal actions. “Our
position is very clear,” one of Walden’s attorneys, Nancy Hollander, said in
an interview. “Our client has a Fifth Amendment right, and we will continue
to assert it as long as there continues to be a threat of prosecution.”
Nicole Charlebois, another attorney representing Walden, said in court
filings that Walden received a notification Jan. 31, 2013, saying he was the
target of an FBI probe. She argued in a court filing in March that the judge
shouldn’t allow discovery because a federal grand jury that had convened to
“consider the allegations against Dr. Walden is actively subpoenaing
documents and witnesses associated with the claims at issue in the case.”
Walden, who has denied the allegations, declined through his attorney,
Hollander, to be interviewed for this story. For the inmates who have filed
claims, the delays in the criminal investigation and the civil cases have
added to a process they say was already fraught with complications as they
came forward with allegations. Two of the inmates represented by Garcia spoke
in separate interviews over prison phones about what happened when they
reported the alleged abuse by Walden. One inmate said he feared embarrassment
in a tough prison culture, while the other said prison officials retaliated
against him for filing a complaint against Walden. One of the inmates, named
only by the initials C.G. in the lawsuit, said he went in to see the doctor
about an ankle infection, but the appointment “turned into a full-blown
prostate exam.” “When you have a lot of pain, you’re not going to argue with
the doctor,” said the inmate, who, like the other inmate, asked that his name
not be used because of the nature of the allegations. The inmate filed a
grievance alleging Walden sexually abused him. But the inmate said prison
officials dragged their feet in responding to his complaints. He said he felt
like the whole prison knew Walden abused him after he filed the grievance. “A
lot of this should have been confidential so people don’t have to hear the
little jokes all the time and the little teasing,” the inmate said. He added:
“It’s not funny — not to me, it’s not.” The other inmate, named by the
initials S.W. in the lawsuit, said he first saw Walden for pain in his
abdomen and received a prostate exam. The inmate saw Walden for follow-up
appointments when, the inmate alleges, Walden fondled his genitals. The
inmate filed a formal grievance Aug. 2, 2013. Jerry Roark, director of adult
prisons for the Corrections Department, responded to S.W.’s complaint in a
Nov. 19, 2013, letter that said “the concerns you have noted about the sexual
harassment issues” are being investigated. “Remember these investigations
will take time and you need to be patient,” Roark told S.W. More than two and
a half years later, Garcia said he has not seen any record that shows the
Corrections Department ever completed its investigation. About the time the
inmate filed his grievance, prison officials put him in solitary confinement
and kept him there for seven months, the inmate and Garcia said. The inmate
said prison officials told him they put him in segregation for exposing
himself outside the shower in the presence of a woman. The inmate denies the
claim. “They did that to scare me,” he said. “They did that to break me. And
they did that to show everybody else if you write these grievances, this is
what’s going to happen.” Lucy River, policy and legislative outreach director
for the New Mexico Department of Corrections, said in an email that the
department “is not a party to the litigation you’re asking about.” River
added that “our department doesn’t tolerate retaliation, and we take any
allegations of offender mistreatment, especially sexual assault, extremely
seriously. “We would not punish any offender for claiming rape or sexual
misconduct,” River said in the email. Concerns about Walden first emerged
about a year after Corizon hired him to work in the
prison system. In September 2011, a 30-year-old inmate at the Guadalupe
County Correctional Facility filed a complaint with prison officials accusing
Walden of fondling his genital and anal areas. He also said the doctor gave
him repeated prostate exams when he had only gone into the infirmary for a
pain in his side. The prison responded by placing the inmate in solitary
confinement, according to the report by the Corrections Department’s Office
of Special Investigations and Internal Affairs obtained by The New Mexican. Corizon officials say the complaint was unsubstantiated,
and they transferred Walden five months later to the Northeast New Mexico
Detention Facility in Clayton so he could be closer to home. Complaints began
to stack up there until Corizon fired Walden in
July 2012 after at least five inmates came forward to Clayton police. The
complaints were referred to New Mexico State Police, which began
investigating as more inmates started coming forward. The FBI took over the
case in November of that year, state police records show. No criminal charges
have been filed in the meantime, and the status of the FBI’s investigation
into Walden has been shrouded in mystery. Elizabeth Martinez, a spokeswoman
for the New Mexico U.S. Attorney’s Office, said in a June 17 email that “as a
matter of policy, Justice Department agencies cannot comment on matters under
investigation.” While the criminal investigation into Walden has dragged on,
the New Mexico Medical Board revoked Walden’s license in 2013 after
investigating allegations that he gave unwarranted prostate exams to 17 state
prison inmates in Clayton and Santa Rosa. The board said he engaged in
conduct “unbecoming in a person licensed to practice” medicine, among other
problems. The board later stayed the revocation and instead suspended
Walden’s license for two years after he completed a series of “physical,
psychological, neurological and competency based” tests, Amanda Quintana, a
Medical Board spokeswoman, said in an email. “Those evaluations were reviewed
and used to determine the proper remedy in this case.” The board said the
suspension on his license could be lifted if Walden completes a full
residency before reapplying for his license. Quintana said, “Dr. Walden has
not notified the Board that he has been accepted into a residency program.”
If Walden does not begin a full residency program by Dec. 1, she said, “the
stay will be lifted and his license will be revoked.” One doctor the board
consulted in the case, Allan Haynes, an expert in urology, determined that the
extensive number of prostate and rectal exams conducted by Walden, many on
younger inmates, often “were not valid medical procedures and were sexual
abuse of the patient,” according to the Medical Board hearing officer’s
report. Haynes issued an opinion for the board that Walden engaged in conduct
“likely to harm the public.” But another doctor the board consulted said
Walden “did not breach the standard of care with regard to treatment of the
patients at issue.” That doctor, Gary Michael Vilke,
was certified in emergency medicine and an expert on correctional health care
but did not have any expertise in urology. What Walden is doing now is
unknown. Not long after Corizon fired him, he was
hired by the Central New Mexico Community College. CNM rescinded the offer
after learning of the allegations against him, according to a Nov. 26, 2014,
email from Jon Cornish, dean of CNM’s School of Math, Science and
Engineering, to Walden. “CNM has chosen to exercise its right to rescind its
offer of employment based on the College’s investigation into concerns
regarding your background which manifested after our offer of employment was
made to you,” Cornish wrote to Walden.
Jan 2, 2016 abqjournal.com
15th suit filed against former prison doctor
A 15th lawsuit has been filed against a former New Mexico prison doctor
accused of sexual assault in performing unnecessary, intrusive rectal exams
on inmates at two state prisons. To date, about 78 inmates have alleged in
lawsuits that they were sexually victimized by Dr. Mark Walden, with three
others claiming he provided inadequate medical care, according to federal
court records. The latest case was filed Dec. 21 by a Guadalupe County
Correctional Facility inmate who contended he didn’t come forward earlier
partly because he was embarrassed and feared retaliation from corrections
officers, medical personnel and other inmates. The prison is near Santa Rosa.
Seven lawsuits filed since 2013 against Walden; the national medical firm Corizon Inc., which hired him; and private prison
operator, The Geo Group Inc., have settled out of court. Some were settled
within months of being filed; at least two before the defense had formally
responded to the allegations. Walden, whose medical license has been
suspended by the New Mexico Medical Board, lost his job after an inmate
complained to local law enforcement in July 2012. Walden, Corizon
and The Geo Group have denied the lawsuits’ allegations. Albuquerque attorney
Frances Carpenter, who filed two of the earliest lawsuits against in 2013,
told the Journal she hopes the litigation underscores the need for reporting
of sexual crimes in prison. “I think these cases have created an awareness
that this happens, and we’re hoping that other inmates who suffer sexual
abuse aren’t afraid to come forward,” she said. “That’s the only way to
ensure things like this don’t happen again.” She said the amount her clients
received is confidential. Many of the lawsuits allege that Corizon and The Geo Inc. were “willfully blind and dumb”
to what was occurring, or at least should have known that Walden was “abusing
his patients.” “When made aware of possible instances of sexual abuse and
potential violations of inmate rights, companies such as GEO and Corizon cannot simply maintain the status quo at their
facilities, but must act immediately to put a stop to such misconduct,”
Albuquerque attorney Brad Hall in a lawsuit that settled in May 2014.
“Otherwise, as happened here, over a period of a couple of years, dozens of
inmates are victimized, each being told that rectal and prostrate exams are
‘normal’ and ‘routine’ for scrapes, allergies, sore shoulders, sprained
ankles or any conditions causing inmates to see the prison doctor,” Hall
alleged. The lawsuits contend Walden spent longer than average time with inmates
in the examination room. He performed twice as many digital rectal exams per
month as other doctors who worked at the prison. And he used a privacy screen
with virtually every patient. There was a “sudden notable increase in volume
of digital rectal exams being performed, unindicated digital rectal exams on
young inmates, refusal by Walden to have a third party present during exams,”
according to one lawsuit. Medical records allegedly showed one inmate went to
Walden for an eye problem and got a rectal exam. Another sought medical
treatment for an asthma condition and was told to drop his pants for a rectal
exam. One 18-year-old inmate was ordered to have prostate exams monthly.
Federal court records show Corizon and The Geo
Group denied the allegations when they responded to the lawsuits, which
allege civil rights violations, medical malpractice and negligence. Walden
said in courts records he never sexually abused or fondled anyone. Walden
worked at the Guadalupe County Correctional Facility from July 2010 to
February 2012. He transferred to the Northeast New Mexico Detention Facility
in Clayton and worked there from February 2012 to July 21, 2012. The GEO
Group, based in Florida, operates both the prisons under a contract with the
state Corrections Department, which also pays Corizon
to provide medical treatment at two facilities. Other lawsuits filed against
Walden are on hold pending a criminal investigation overseen by the U.S.
Attorney’s Office. Prosecutors have been building a criminal case against Walden
since early 2013. Walden, 57, filed for bankruptcy in 2014. Inmates called
Walden “Dr. Fingers,” according to one lawsuit, which alleges that the
physician was “serially sexually assaulting” inmates at Guadalupe County
Correctional Center, and was “unfit to practice medicine in that
environment.” Another inmate’s lawsuit alleged that Walden’s reputation for
sexual misconduct during exams was “common knowlege”
inside the prison in 2011. Some inmates refused to go back to Walden for
medical treatment after the sexual contact. Another inmate had to continue
seeing Walden because he needed regular treatment for his diabetes. Others
refused to go to follow-up appointments that Walden requested because there
was no medical reason indicated. Several said they feared retaliation. Walden
allegedly told one inmate “he had gotten another inmate sent to segregation
for attempting to report Walden’s conduct, and threatened he would do the
same to B.H. if B.H. ever attempted to report the abuse,” one lawsuit said. Another
plaintiff, identified only as G.M., stopped the “inappropriate digital exam”
and “pulled his pants up,” his lawsuit said. Walden is alleged to have told
G.M. he would not provide further medical treatment and would report G.M. for
drug seeking if he reported the incident. The most recent case filed by an
inmate identified only as “O.F.” alleges he went to Walden for treatment of
diabetes and Walden fondled, and played with his left testicle and penis, and
used his ungloved finger to penetrate the inmate’s rectum. Nearly two years
later, the inmate filed a grievance over the incident with prison officials.
But his lawsuit said he wasn’t told of the outcome of the internal
investigation until this September, when a Corrections Department notified
him the case had been resolved and that he could “take whatever action you
deem appropriate.” The New Mexico Medical Board investigated the sexual
misconduct and other allegations against Walden, finding in 2013 that he
violated five provisions of the state Medical Practice Act. A competency test
later ordered by the board found Walden deficient in several areas of
medicine. The board in November 2014 suspended Walden’s license but left the
door open to eventual reinstatement if he completes a “full residency” program
in medicine, such as a residency at the University of New Mexico. Court
records show Walden is appealing the board’s decision to state district
court.
Nov
2, 2013 abqjournal.com
A former prison
physician accused of fondling multiple inmates during medical exams at two
contract men’s prisons in New Mexico is under criminal investigation by the
U.S. Department of Justice. Dr. Mark Walden has also been suspended from the
practice of medicine and has filed a notice of bankruptcy. The Justice
Department’s notification to Walden that he is the target of an inquiry into
the alleged violation of inmates’ civil rights is revealed in documents filed
in three civil lawsuits now consolidated in U.S. District Court. Documents
say Walden was notified in writing that “he is the target of a criminal
investigation regarding alleged sexual abuse of male inmates at the
Northeastern New Mexico Correctional Facility in Clayton and at the Guadalupe
County Correctional Facility in Santa Rosa.” The prisons are privately operated
by Corizon Inc. The civil lawsuits against Walden, Corizon and others were filed on behalf of about three
dozen current or former inmates at the two prisons by attorneys Katie Curry,
Brad Hall and Frances Crockett Carpenter. Defendants moved the case to
federal court. Walden’s attorney in the civil lawsuit said she does not
comment on pending litigation. But in an answer she filed on behalf of Walden
in one of the civil lawsuits, he denied performing any digital rectal exams
that were not medically necessary or that were inappropriate in length or
methodology. He denies sexually abusing inmates at anytime
or that any conduct on his part was unreasonable, cruel or harmful. Walden
also contends that the claims are barred by the statute of limitations and the
Prison Litigation Reform Act and the New Mexico Tort Claims Act. The inmates
have made claims in U.S. Bankruptcy Court to protect any recovery they may
receive in the civil litigation. U.S. Magistrate Judge Alan Torgerson stayed
the civil cases in August until the bankruptcy is resolved. Walden was
entitled to an automatic stay by virtue of his bankruptcy filing. Torgerson
extended the stay to other defendants, including Walden’s former employer The
Geo Group Inc., now called Corizon, wardens Erasmo
Bravo and Timothy Hatch, and the health services administrator. There are no
details on the Justice investigation, which has apparently been underway
since before the civil litigation began in March. According to a statement
from Corizon, the company “is unaware of any
criminal proceedings being filed at this time. We will cooperate fully with
any investigations related to this matter.” The wardens, Geo and Corizon filed answers in the civil cases in which they
have denied allegations of negligent hiring and supervisions, medical
malpractice and civil rights violations. The inmates have asked the court to
permit the litigation to go forward without revealing the names of the
plaintiffs because of the potential of greater harm and victimization. But
one of Walden’s attorneys in the civil suits has denied sexual abuse
allegations contained in the request and opposed the request for anonymity,
saying inmate lawyers are engaged in a media campaign to “impact the pending
litigation.” Walden’s attorney Nicole Charlebois said in a written filing
that the unnamed plaintiffs attacked Walden in the media before even serving
him with the complaint. Plaintiffs’ lawyers, she said in the filing, are
“manipulating the underlying litigation, tainting the public perception and tainting
the potential jury pool,” and that Walden has a right to know his accusers,
“especially in light of their aggressive media tactics.” Suspension: The New
Mexico Medical Board suspended Walden from practice in July, after sending
him notice of contemplated action and getting input from two physicians hired
as experts who reviewed available records. The board ordered Walden to
undergo a thorough psychological evaluation arranged by the New Mexico
Monitored Treatment Program, which was to send its findings and
recommendations to the board for review. The recommendations “must
demonstrate to the board’s satisfaction that (Walden) is fit to safely
practice medicine.” The board will then determine his further licensure
status. The board hired as experts a urologist with 33 years
experience, including 5˝ years participating in a prison clinic, and
an emergency medicine physician described as having expertise in correctional
medicine. The urologist said his review of the evidence indicated “sexual
contact with a patient” by Walden on many occasions that were not legitimate
medical procedures and constituted sexual abuse. The second physician found
that Walden had not breached the standard of care and that his treatment of
inmates was appropriate for the patient complaints documented in medical
records. That doctor questioned the credibility of the inmates’ statements
“because several of them indicated (Walden) had examined them without gloves,
which (he) found very unlikely to have actually occurred.” Walden invoked his
Fifth Amendment right and refused to testify at the medical board hearing.
Among over 40 pages
of proposed factual findings:
•Walden regularly
performed digital rectal examinations of inmate patients in their 20s and
30s. The Clayton prison offered exams routinely for men over age 50 and for
men under 50 if they had specific complaints warranting such an exam.
•He did twice as many
rectal exams each month as any other doctor at the Clayton facility,
according to a prison nurse.
•A 40-year-old
patient at the prison in Clayton asked a corrections officer as the inmate
left the medical unit in July 2012 “if (Walden) was gay, and expressed
discomfort with the examination he had received.” The officer prepared a
statement based on the inmate’s statements that the doctor had turned him
over and stroked his genitals. That was the only comment about any presumed
sexual orientation of the doctor.
•Another patient
reported on Aug. 5, 2012, that Walden had “played with” his testicles without
gloves.
•A 28-year-old inmate
reported that Walden called him for medical exams for three weeks straight on
a Friday or Saturday, gave him a rectal exam and studied his penis.
•Another inmate filed
a grievance about an Aug. 20, 2012, incident in which he said Walden asked
him to drop his pants, rubbed his genitals and asked if it felt good.
•In patient
statements provided by the facilities in response to a subpoena by the board,
Walden diagnosed a prostate condition not confirmed by an independent
analysis.
•Inmate patients are
generally not referred out because of time, expense and safety issues in
transporting prisoners off site.
•Only one patient at
Santa Rosa filed a grievance with a nurse.
The hearing officer
noted inmates “may be manipulative and will commonly do things for purposes
of secondary gain,” such as getting strong pain medicine, special shoes or
mattresses.
Mar 17, 2013
abqjournal.com
A New Mexico inmate claims he
got an overly long and intrusive rectal exam when he went to the prison
doctor for a torn meniscus in his knee. And his complaint isn’t the only one.
Eighteen inmates in two separate civil lawsuits claim they were fondled or
given intrusive exams – even when they weren’t needed – by Dr. Mark E. Walden,
the prison physician at the time. The claims that Walden used his position to
sexually abuse inmates are being made by men incarcerated at prisons in Santa
Rosa and Clayton. Both prisons are operated under contract with the state by
the Boca Raton, Fla.-based GEO group, a firm that operates detention and
re-entry facilities in Australia, Canada, South Africa and Britain, as well
as the U.S. Walden was an employee of Corizon, a
private contractor that provides healthcare services at over 349 correctional
facilities across the country. The company, which is based in Tennessee, has
a four-year, $177.6 million contract to provide prison medical services in
New Mexico at both public and privately run prisons. Katie Curry of the
McGinn Law Firm in Albuquerque, attorney for one group of prisoners suing
Walden, GEO Group Inc., Corizon, prison wardens
Erasmo Bravo and Timothy Hatch, and health administrator Sherry Phillips,
said another attorney represents another 10 or so clients with similar
complaints. “That’s who has come forward, but these guys move around a lot
(to other prisons),” Curry said. “I can imagine there are others who are
reluctant to come forward.” The lawsuit filed by Curry alleges at least 25
known victims. The New Mexico Medical Board is investigating Walden and, on
Feb. 18, issued a notice of contemplated action. No hearing has been
scheduled, but it is likely to take place in April or May, a board
spokeswoman said. “As a matter of standing company policy, Corizon does not comment on any litigation. However, Corizon can confirm that Dr. Walden is no longer on
staff,” said Courtney Eller of DVL Public Relations & Advertising in
Nashville, which handles media inquiries for Corizon.
GEO Group spokesman Pablo Paez said in an email
that the company, as a matter of policy, “cannot comment on litigation
related matters, but we can confirm that Mr. Bravo and Mr. Hatch are employed
by GEO and Dr. Walden is not employed by GEO.” Walden, who is now working in
a medical practice in Raton, did not return a call for comment. He also
allegedly failed to use proper hygiene and disease prevention techniques by
not using gloves when he examined inmates. Prison administrators and Corizon didn’t ensure that a third person was present to
protect the integrity of the exams, according to at least one of the suits.
The potential for sexual abuse and sexual misconduct toward inmates by prison
employees is well-known institutional problem, the lawsuits say, and
administrators have a duty to protect the inmates. Inmates often view
reporting abuse as futile because of the humiliation and retaliation they
risk and the prospect of losing access to medical services, the complaints
say. Doctors have far greater social status than inmates, further
exacerbating the imbalance, they say. GEO and Corizon
should have known about the abuse through inmate reports and the perceptions
of staffers such as nurses, “or kept themselves willfully blind” to it,
according to Curry’s lawsuit. “Corizon and GEO did
not encourage reporting or documentation of these incidents, and enacted no
discipline or retraining of … Walden,” the lawsuit says. Curry said there was
a written complaint about Walden by an inmate in September 2011, “and
apparently nothing happens, so it’s literally like the Catholic church where
they know something and transfer him someplace else.” She said lawyers know a
copy of the complaint went to State Police and that GEO was made aware of it.
Walden initially worked at the Guadalupe County Correctional Facility in
Santa Rosa and was later transferred to the Northeastern New Mexico Detention
Facility in Clayton. One of the consequences of the alleged abuse, Curry
said, was that some inmates stopped going to see Walden, even though they
needed medical treatment. The lawsuit says staff became suspicious after
Walden was hired “based on observations including a sudden notable increase
in volume of digital rectal exams being performed, unindicated digital rectal
exams on young inmates (and) refusal by defendant Walden to have a third party
present.” An inmate who went to Walden for urinary tract issues and had an
examination that was “excessive and inappropriate” and conducted without
gloves reported the incident and had a sexual assault exam performed in Santa
Fe, which revealed two anal tears, according to the lawsuit. “Corizon and GEO did not encourage reporting or
documentation of these incidents, and enacted no discipline or retraining of
… Walden.” - McGINN LAW FIRM: A separate lawsuit
filed by Frances Carpenter of Albuquerque on behalf of nine more inmates says
the abuses began in 2010 and continued through July 2012 during both routine
and “symptom specific” examinations. They included digital anal penetration
and probing and stimulation of the genitals. One inmate who saw Walden with a
request for hemorrhoid cream was told he need to be examined first, the
lawsuit says, and during the exam was penetrated by the doctor’s “entire
ungloved fist.” The inmate, who reported the incidents to prison officials,
continues to have nightmares and anxiety related to the alleged assault. Both
lawsuits, filed in 1st Judicial District Court in Santa Fe, allege negligent
hiring and retention, civil rights violations, negligence and breach of
contract. They seek unspecified compensatory and punitive damages. Meanwhile,
the medical board is expected to set a hearing this spring based on
allegations that Walden, during prostate exams on some 17 inmates, “touched
or attempted to touch these inmates in an inappropriate, sexual manner.” The
board notice says Walden was subject to a “corrective action” for incomplete
medical records that led the Union County General Hospital to terminate his
privileges, and he did not report it to the board. The notice also says
Walden’s professional medical liability insurance was canceled and that he
gave incorrect information about it on his license renewal in 2011. Inmates
say routine exams turned into horrific assaultsSee
PRISON on PAGE A9from PAGE A1Prison doctor accused of sex abuse; inmates
claim assaults”Corizon and GEO did not encourage
reporting or documentation of these incidents, and enacted no discipline or
retraining of … Walden.”<quote_attribution>McGINN LAW FIRM
April
25, 2011 The New Mexican
The two for-profit firms that run four of New Mexico's 10 prisons often
struggle to keep correctional officer jobs filled, state records show. One in
five such jobs at a Hobbs facility was vacant for much of the past 15 months,
while the prison in Santa Rosa reported a vacancy rate of around 12.5 percent
over the same period, according to the records. By contract, New Mexico can
penalize The GEO Group and Corrections Corporation of America, the two firms
that operate the facilities, when staffing vacancies are at 10 percent or
more for 30 consecutive days. It's a threshold that appears to have been
crossed multiple times at all four prisons since January 2010. The vacancy
rate at Hobbs topped the 10-percent threshold in each of the 14 months for
which data was available between January 2010 and March of this year.
Meanwhile, the 10-percent threshold was topped nine times over that period at
Santa Rosa and six times at a Clayton facility. Like the Hobbs facility, both
are run by GEO. A CCA-operated prison in Grants topped the 10 percent rate
four times over the same period. Whether to penalize the out-of-state,
for-profit firms is an issue that has come up before. The question surfaced
last year when state lawmakers were struggling to find ways to close a
yawning state budget gap. At the time, the Legislature's budget arm, the Legislative
Finance Committee, estimated Gov. Bill Richardson's administration had
skipped $18 million in penalties against the two firms. One powerful lawmaker
said Monday the issue is still important and the Legislature shouldn't lose
sight of it. "We'd like to follow up and perhaps do a performance group
review on the private prison operators to see whether they are making
excessive profits," Rep. Luciano "Lucky" Varela, D-Santa Fe,
said of the Legislative Finance Committee. Varela, the committee chairman,
said he can accept a reasonable return for the prison operators, but high
vacancy rates at prisons operated by the firms raise questions about how
state dollars are being spent to operate the facilities. Determining whether
the companies should be penalized for high vacancy rates is an involved
process, a Corrections Department spokesman said. GEO and CCA might have
asked corrections officers already on the job to work overtime to address the
staffing situation. If they did, the department "cannot in good faith
consider that position to be vacant," spokesman Shannon McReynolds wrote
in an email. But the state doesn't know whether that happened. That would
require going through shift rosters at each privately operated facility,
McReynolds said in a follow-up phone interview. "That will take a
decision from the administration," McReynolds said, referring to new
Corrections Secretary Lupe Martinez. "We do not have specifics on
overtime. Every once in awhile we'll hear a
particular facility has spent a lot on overtime." Because of sporadic
record-keeping at the facilities GEO and CCA operate, the state corrections
agency couldn't verify last year how often the two firms violated the
vacancy-rate provision in their contracts, if at all. As a result, the agency
couldn't corroborate or refute the Legislative Finance Committee's estimate
of uncollected penalties. Joe Williams, then-corrections secretary, decided
not to pursue penalizing the two companies, saying GEO and CCA were making a
good-faith effort to keep the facilities staffed. The contracts give the
corrections secretary discretion to waive the penalties. If Lupe Martinez,
the new corrections secretary, decides to collect penalties, it would be only
for January 2011 and onward, McReynolds said. Gov. Susana Martinez took power
in January and soon afterward appointed Lupe Martinez, no relation, as her
corrections secretary. According to state records, of the four privately
operated prisons, Lea County Correctional Facility in Hobbs has struggled the
most to keep correctional officers on the job. The facility's vacancy rate
hovered above 20 percent for 12 of the 14 months for which there was data
between January 2010 and March of this year. That includes seven consecutive
months — September 2010 through March — when the vacancy rate was 25.24
percent, records show. GEO-run Guadalupe County Correctional Facility in
Santa Rosa reported a 16.93 percent vacancy rate last July, a high point. The
vacancy rate has hovered below 10 percent in five of the last seven months.
Another GEO-run facility, the Northeast New Mexico Correctional Facility in
Clayton, showed a similar trend, reporting vacancy rates higher than 10
percent for six of the seven months for which data was available between
January and August 2010. Data for July 2010 was missing. As in Santa Rosa,
the Clayton facility's vacancy rate has dropped in recent months. The state's
fourth privately operated prison, CCA-run New Mexico Women's Correctional
Facility in Grants, reported a vacancy rate above 10 percent four times from
January 2010 to July 2010, with a 16.47 percent vacancy rate reported in
July. The state corrections agency did not have data for August 2010 to March
2011.
September
10, 2010 New Mexico Independent
The state appears to have been within its rights last year to repeatedly
penalize two private prison operators for letting their vacancy rates hover
above a 10 percent trigger in their contracts, state records show. By
contract New Mexico can levy penalties against the two firms – GEO Group and Corrections
Corp. of America (CCA) — when staffing vacancies at the facilities they
manage in Hobbs, Grants, Clayton and Santa Rosa stay at 10 percent or more
for 30-consecutive days. Staffing levels at three of the four privately
operated facilities hovered above 10 percent for much of last year, state
records show. As for the fourth facility, the vacancy rate was above the 10
percent trigger in six of the 13 months the state records covered.
Corrections Secretary Joe Williams, who worked for GEO before Gov. Bill
Richardson tapped him as corrections secretary, told The Independent last
week the state had never penalized GEO or CCA despite vacancy rates
repeatedly topping the 10 percent trigger. He had the discretion to decide
whether to penalize the firms or not, and he had decided against it, Williams
said. The firms were doing a good job of managing the prisons, he added. Some
state lawmakers are wondering why Williams never assessed the penalties. Some
believe the never-assessed penalties could amount to millions of dollars.
State records show that vacancies at GEO-operated Guadalupe County
Correctional Facility in Santa Rosa were above the 10 percent threshold in 11
of the13 months between July 2009 to July 2010; 10 of the 13 months at the
GEO-run Lea County Correctional Facility in Hobbs; and nine of the 13 months
at the CCA-operated New Mexico Women’s Correctional Facility in Grants. The
vacancy rate at the GEO-run Northeast New Mexico Correctional Facility
eclipsed the 10 percent rate in six of the 13 months covered by the time
period shown in the records, state records show. The agency on Friday
reiterated Williams’ discretion in deciding whether to penalize the companies
or not. “The contract clauses that deal with vacancy rates gives sole
discretion to NMCD so that they may penalize the private prisons,” read an
e-mail to The Independent after we had sent questions related to the vacancy
rates from July 2009 to July 2010. “The penalties are not mandatory and are
decided by the department,” the e-mail continued. “Secretary Williams will be
presenting the reasons to why he has not penalized the vendors to the
Legislative Finance Committee in an upcoming hearing. The department welcomes
you to attend the committee hearing.”
June 29, 2005 The Santa Fe New Mexican
ALBUQUERQUE -- Lawyers for three prison inmates facing the death penalty in
the 1999 slaying of a New Mexico correctional officer say the state hasn't
provided adequate money for the defense. The state's chief public
defender said this week that the state already is spending close to $2
million on defending the inmates, which he said is more than any other
criminal case in state history. However, six private lawyers retained
by the state to represent Reis Lopez, David Sanchez and Robert Young have asked
a judge to let them drop out of the case. If the judge won't agree,
they want the state to pay more money for the defense or drop the
death-penalty request. The charges stem from the beating and killing of
Officer Ralph Garcia during a 1999 inmate uprising at the Guadalupe County
Correctional Facility near Santa Rosa.The state
Supreme Court ruled last year that New Mexico could seek the death penalty
against the three inmates. Defense lawyers had argued the death penalty
shouldn't apply because the officer worked for private-prison operator
Wackenhut Corrections Corp. However, the court ruled that Garcia had the
status of a "peace officer" under a law that allows the death
penalty for killing lawmen.
June 29, 2005 The Santa Fe New Mexican
ALBUQUERQUE -- Lawyers for three prison inmates facing the death penalty in
the 1999 slaying of a New Mexico correctional officer say the state hasn't
provided adequate money for the defense. The state's chief public
defender said this week that the state already is spending close to $2
million on defending the inmates, which he said is more than any other
criminal case in state history. However, six private lawyers retained
by the state to represent Reis Lopez, David Sanchez and Robert Young have
asked a judge to let them drop out of the case. If the judge won't
agree, they want the state to pay more money for the defense or drop the
death-penalty request. The charges stem from the beating and killing of
Officer Ralph Garcia during a 1999 inmate uprising at the Guadalupe County
Correctional Facility near Santa Rosa.The state
Supreme Court ruled last year that New Mexico could seek the death penalty
against the three inmates. Defense lawyers had argued the death penalty
shouldn't apply because the officer worked for private-prison operator
Wackenhut Corrections Corp. However, the court ruled that Garcia had the
status of a "peace officer" under a law that allows the death
penalty for killing lawmen.
May 3,
2005 AP
Prison guards are blaming a lack of funding for an attack that injured four
correctional officers in the privately run Guadalupe County Correctional
Facility near Santa Rosa. "What happened in Santa Rosa will happen in
Santa Fe," said Sgt. Lee Ortega, a correctional officer at the
Penitentiary of New Mexico near Santa Fe, who was among about two dozen
correctional officers picketing the state Capitol on Monday. Ortega,
president of the northern sublocal chapter of the
correctional officers union, said Corrections Secretary Joe Williams formerly
worked for private prisons - an industry Ortega contends just wants to save
money. Williams formerly worked for Wackenhut Corp., a private prison
operator, which named him warden of the year in 2001. "The reason they
would make someone warden of the year is if that warden saved money," he
said. "That's what he's trying to do with the state prison. He's trying
to save money, but he's making the prisons unsafe." Williams, who
started his corrections career as a guard at the state penitentiary in the
early 1980s, worked for Wackenhut between 1999 and 2003 as warden of the
private prison at Hobbs. Four guards were injured Sunday, and one had to be
hospitalized, after an inmate attacked them with a padlock inside a sock at
the Santa Rosa prison. Bland said officers used tear gas to quell about 120
other inmates who got "rowdy and riled up."
The state Supreme Court has
ruled prosecutors can seek the death penalty for the killing of a guard in a
privately operated prison. The state Supreme Court issued the ruling in
the case of three inmates accused of killing Guadalupe County Correctional
Facility guard Ralph Garcia during a 1999 uprising. (AP, April 22,
2004)
August
21, 2003
Angela Vigil was stunned when officials at the Guadalupe County Correctional
Facility told her she tested positive for heroin traces on her hand at a
recent visit to her son here. "I've only even seen heroin
once," said Vigil, a special education teacher at Highland High in
Albuquerque who said she was humiliated by prison officials who denied her
the time with her son. Vigil wasn't alone; many visitors to the prison
here have tested positive for drug traces and been denied an inmate visit
since a detection machine was installed in May, Warden Mo Bravo said.
Officials say the machine— a recommendation of a panel that looked at how
Wackenhut Corrections Corp. handled a deadly 1999 riot here— hasn't been
without problems. But they say they've fixed it. "There was a very
big issue," Bravo said. During the first month the machine was at
the prison, about 20 of 50 visitors tested positive and were denied visits,
Bravo said. The machine swipes a visitor's hand for trace amounts of drugs,
measured in parts per million. Casual contact with drug users can leave
drug traces on a nonuser's body, said Ed Brown, director of Wackenhut's
Western Region Office. So many positive tests prompted officials at the
prison in July to lower the allowable threshold for granting a visit, Bravo
said. With the new thresholds, which vary by drug type, roughly one to
two visitors a day may be denied, Bravo said. He also said that with the
machine in place, fewer inmates test positive for drug use while
incarcerated. Vigil, angered by her experience at the prison, had
planned to describe her situation to lawmakers at a meeting of the
Corrections Oversight and Justice Committee as it met Wednesday evening.
While Vigil— who denies she had contact with heroin— said she was treated
rudely, Bravo said he couldn't comment on her case. The machine, worth about
$60,000, was one of several improvements the company made after an
independent inquiry into the riot and its aftermath, which left officer Ralph
Garcia dead and sent some inmates to a supermaximum
facility in Wallens Ridge, Va. Wackenhut
president Wayne Calabrese told lawmakers the company has spent more than $3
million in Santa Rosa and Hobbs, where it operates the Lea County
Correctional Facility. The improvements include better security camera
systems, enhanced fences and ceilings as well as programs to keep inmates
busy and teach them skills. The company also sought— and won— from the
state Legislature this year a wage increase for its corrections officers.
Entry-level officers now make $9.64 an hour instead of $9, Calabrese
said. (ABQ Journal)
June 8, 2002
The former assistant warden at
a privately run prison here has pleaded guilty to two felony charges in
connection with the abuse of some inmates. Raymond O'Rourke appeared before
U.S. District Judge M. Christina Armijo on Thursday. He was sentenced to 21
months in prison after pleading guilty to a count of deprivation of rights
under color of law and obstruction of justice by witness tampering. O'Rourke
was accused of ordering two lieutenants to assault former inmates Tommy McManaway and David Gonzales in August 1998 at the Lincoln
County Correctional Facility. He then orchestrated a cover-up of the
incidents, according to the U.S. Attorney's Office. The two guards, Judson McPeters and Thomas Doyle, have pleaded guilty to similar
charges. They have not been sentenced. The prison is operated by
Florida-based Wackenhut. (The Associated Press)
October 2000
An advisory letter from the state attorney general's office finds the state
Corrections Department exceeded its authority by contracting with Wackenhut
to give a retroactive per diem pay adjustment. (Santa Fe New Mexican, Oct.7,
2000)
September
1, 1999
There was a riot involving 290 inmates. A correctional officer was stabbed
"numerous" times by up to 9 different inmates. The riot was in
response to efforts to lock down the institution following the stabbing of an
inmate.
August
12, 1999
An inmate was murdered with a laundry bag filled with rocks as he watched
television.
Juvenile Justice Rehabilitation Center
Las Cruces, New Mexico
Southwest Key Inc.
June 7, 2003
The state will not leave the Juvenile Justice Rehabilitation Center
under private management, despite pleas of local youth advocates, a
high-ranking official said. The Children, Youth and Families
Department last month announced that it would resume public management of the
48-bed juvenile jail when the contract of Florida-based Associated Marine
Institutes expires June 30. That decision upset several area
state legislators and youth advocates, who argue that CYFD hasn't shown it
can do a better job providing rehabilitative and educational services to
incarcerated youth than AMI. (ABQ Journal)
December 18, 2002
The Children, Youth and
Families Department on Tuesday ended its contract with Southwest
Key Programs Inc. to manage the troubled state juvenile rehabilitation center
west of the city. Starting on Monday,
management of the 48-bed facility will be turned over to a new private
contractor, Florida-based Associated Marine Institute, or AMI, which
currently operates another state juvenile detention center, Camp Sierra Blanca,
near Lincoln. CYFD spokesman Romaine
Serna said the groundwork for the decision to end Southwest Key's contract
with the state was laid by a series of complaints raised by southern New
Mexico legislators over the past year.
Those concerns — including a lack of vocational training and
recreational programs, a high rate of inmates prescribed
psychotropic drugs, gang activity in the facility, staff misconduct and a
high rate of staff turnover — were investigated by the Legislative Finance
Committee and resulted in a corrective action play for Southwest
Key in September. Then late on Dec. 4,
two teens, who were not bedded down for the night, attacked and beat a
25-year-old guard at the facility. The guard suffered skull fractures and
other injuries, and the pair of teens smashed windows in a failed escape
attempt. "It (the incident)
brought the whole operation into question, and at that point we decided it
was in everyone's best interest to end that contractual relationship,"
Serna said. (ABQ Journal)
December 14, 2002
The contract with a private
company that operates the Juvenile Justice Rehabilitation Center for the
state here could soon be terminated, a state senator said. The 48-bed jail is operated by Southwest
Key Program Inc., a Texas-based nonprofit company, under a $2.4
million annual contract with the New Mexico Children, Youth and Families
Department. "It's my
understanding that the state is in the process of terminating the
contract," state Sen. Leonard Lee Rawson, R-Las Cruces, said Thursday. Rawson said the state is considering
terminating the contract as a result of an investigation and the failure
of Southwest Key to meet deadlines that had been set by state
officials. (ABQ Journal)
December
13, 2002
A private contractor that operates the Juvenile Justice Rehabilitation Center
for the state has laid off 13 employees. The action follows last week's
destructive rampage by two inmates who were accused of beating a caregiver
and smashing windows in an attempt to escape. The 48-bed jail is operated
by Southwest Key Program Inc., a Texas-based nonprofit company, under a $2.4
million annual contract with the New Mexico Children, Youth and Families
Department. State officials and lawmakers held hearings earlier this
year in response to complaints about conditions at the facility ranging from
inmate and staff assaults to drug abuse. (ABQ Journal)
September 26, 2002
Legislators greeted with skepticism a report on problems at the state's
juvenile rehabilitation facility in Las Cruces. Deborah Hartz, secretary of
the Children, Youth and Families Department, told lawmakers that the agency's
investigation found that many of the complaints concerning the juvenile
lockup had been exaggerated, were already corrected or were in the process of
being fixed. "Most of the allegations were found not to be true,"
Hartz said. "Is the facility perfect? No." Lawmakers asked for an
investigation after receiving a litany of complaints ranging from drug
trafficking to staff members being involved in gang activity. The center is
managed by a Texas firm under a contract to CYFD. "I'm still concerned
that it was strictly an inhouse investigation," Sen. Mary Kay Papen,
D-Las Cruces, said after Hartz made her report. "At $139-a-day per
resident, I'm concerned that they're not getting what they need and society
is not getting what it needs," Papen said. Parts of the facility are
still under construction. Exercise areas, for example, are limited. Sen.
Leonard Lee Rawson, R-Las Cruces, said, "I think we need to note the
difference between the allegations and the findings. Sometimes, the truth is
in between them." Rawson said he thought progress was being made and
hoped it would continue. Hartz attributed complaints to "general start up problems" at the year-old lockup. The investigation
found that illegal drug use was not rampant, according to Hartz, and, in the
two confirmed cases, the drugs were traced back to inmate families and not
staff members. The report also found that problems with safety and education
issues were being addressed. Hartz said the investigation was conducted by
top officials at the agency and went beyond what the committee requested.
Hartz acknowledged that one resident was improperly restrained earlier this
year. "The staff members involved were fired and the case was referred
to the State Police," Hartz said. A more recent allegation of sexual
contact between a staff member and juvenile resident is under investigation.
Hartz said the incident was properly handled by center officials. The
rehabilitation center, which houses 48 juvenile offenders, is managed by
Southwest Key Inc., a Texas nonprofit organization, under a $2.4 million
contract. (ABQ journal)
September 26, 2002
Legislators greeted with skepticism a report on problems at the state's
juvenile rehabilitation facility in Las Cruces. Deborah Hartz, secretary of
the Children, Youth and Families Department, told lawmakers that the agency's
investigation found that many of the complaints concerning the juvenile
lockup had been exaggerated, were already corrected or were in the process of
being fixed. "Most of the allegations were found not to be true,"
Hartz said. "Is the facility perfect? No." Lawmakers asked for an
investigation after receiving a litany of complaints ranging from drug
trafficking to staff members being involved in gang activity. The center is
managed by a Texas firm under a contract to CYFD. "I'm still concerned
that it was strictly an inhouse investigation," Sen. Mary Kay Papen,
D-Las Cruces, said after Hartz made her report. "At $139-a-day per
resident, I'm concerned that they're not getting what they need and society
is not getting what it needs," Papen said. Parts of the facility are
still under construction. Exercise areas, for example, are limited. Sen.
Leonard Lee Rawson, R-Las Cruces, said, "I think we need to note the
difference between the allegations and the findings. Sometimes, the truth is
in between them." Rawson said he thought progress was being made and
hoped it would continue. Hartz attributed complaints to "general start up problems" at the year-old lockup. The
investigation found that illegal drug use was not rampant, according to
Hartz, and, in the two confirmed cases, the drugs were traced back to inmate
families and not staff members. The report also found that problems with
safety and education issues were being addressed. Hartz said the
investigation was conducted by top officials at the agency and went beyond
what the committee requested. Hartz acknowledged that one resident was
improperly restrained earlier this year. "The staff members involved
were fired and the case was referred to the State Police," Hartz said. A
more recent allegation of sexual contact between a staff member and juvenile
resident is under investigation. Hartz said the incident was properly handled
by center officials. The rehabilitation center, which houses 48 juvenile
offenders, is managed by Southwest Key Inc., a Texas nonprofit organization,
under a $2.4 million contract. (ABQ journal)
Lea County Correctional Facility
Hobbs, New Mexico
GEO Group (formerly know as Wackenhut Corrections),
Correctional Medical Services (formerly run by Wexford)
State
gets tougher on private prisons - Operators face fine as leniency disappears
under Martinez administration: March 1, 2012, Trip Jennings, The
New Mexican: Damning expose on how former DOC Secretary and former Wackenhut
warden cost state millions of dollars in un-collected fines against
for-profits.
Aug 11, 2018 ladailypost.com
Lea County Correctional Facility Under Lockdown
SANTA FE ― The Lea County Correctional Facility (LCCF) in Hobbs was
placed under a lockdown Wednesday night following a disturbance involving
several inmates in multiple housing units. No correctional officers or
inmates were injured during the disturbance that was brought under control
within an hour. The Hobbs Police Department was notified about the incident
and the New Mexico Corrections Department has initiated an internal
investigation. The Lea County Correctional Facility is operated by the Geo
Group under a contract with the State. It currently houses 1,250 state
inmates. “Those responsible will be held accountable and prosecuted to the
fullest extent of the law,” said David Jablonski, Cabinet Secretary of the
New Mexico Corrections Department. “We will be conducting a thorough audit of
the GEO Group’s policies and practices and we will also hold their leadership
accountable by demanding they take corrective actions in an expedient manner.
We take seriously the safety of all our correctional officers and inmates. We
have zero tolerance for any violence in our prison system.” The disturbance
began around 9:30 p.m. Wednesday when several inmates in four housing units
refused to follow orders to retreat into their cells. Correctional officers
used tear gas to force the inmates into their cells and secured the housing
units. No correctional officer or inmates were injured. The lockdown will
continue until further notice. During the lockdown, family visitations and
other inmate recreational and educational activities will be suspended.
Mar 17, 2018 santafenewmexican.com
Lawsuit claims inmate died as result of medical
negligence
The daughter of a 57-year-old Bernalillo County man who
died in a state prison in 2016 is suing the company that provided inmate
health care at the time, saying her father’s condition was treatable and he’d
still be alive were it not for the negligence of the company’s employees.
Adonica Gravengood also claims in her wrongful
death lawsuit, filed Thursday in U.S. District Court, that Corizon Health Inc. has a pattern of maximizing profit at
the expense of patient care, including altering or destroying records and failing
to provide necessary medical care to inmates who were nearing release.
According to the lawsuit, Scott Gravengood died
April 24, 2016, one day before he was scheduled to be released from the Lea
County Correctional Facility in Hobbs. The state Corrections Department had a
slightly different release date, saying Gravengood
was to be set free six days later, on April 30. Gravengood
had been in and out of prison since 2002, according to Corrections spokesman
S.U. Mahesh. At the time of Gravengood’s death, he
was finishing a 15-month stint for an aggravated battery conviction, court
records show. A spokesperson for Corizon said the
company doesn’t comment on pending litigation or patient medical history. Gravengood first complained of stomach pain in March
2016, about two months before his death, according to the complaint. A nurse
gave him over-the-counter antacids for several weeks and prescribed aspirin,
but his condition did not improve, according to the lawsuit. About six weeks
after his initial complaint, Gravengood was seen by
doctor who “was alarmed enough” to send him to the hospital for an
ultrasound, according to the lawsuit. But the procedure did not reveal the
source of his pain, the complaint says. Following the ultrasound, Corizon employee Dr. David A. Birnbaum ordered bloodwork
that would have shown Gravengood was bleeding
internally, the lawsuit says. But “Dr. Birnbaum never reviewed these results”
and never saw Gravengood again before his death,
despite having acknowledged his condition was “urgent,” according to the
lawsuit. “An endoscopy would have revealed that Mr. Gravengood
was suffering from a duodenal ulcer and he could have been treated and his
life saved if this routine procedure had been done,” the complaint says,
adding that the doctor and nurse who first saw him failed to diagnose his
condition and “actually prescribed medications [such as aspirin] that made it
worse.” On the day Gravengood died, he went to the
infirmary in severe pain, according to the complaint, but “was sent back to
his cell after being loaded up with more [non steroidal
anti-inflammatory drugs] rather than being taken to the hospital.” After
falling off his top bunk, he was taken back to the prison infirmary. But
instead of being rushed to the hospital, Gravengood
was left “writhing in pain and bleeding internally until he stopped breathing
and his heart stopped.” Birnbaum could not be reached for comment. The state
of New Mexico decided not to renew its contract with Corizon
Health Inc. in 2016 after a story in The New Mexican revealed more than 200
inmates had filed complaints against the company since it began providing
care in state prisons in 2007. Since May 2016, the state has contracted with
Centurion LLC to provide health care for its prison inmates. The New Mexico
claims against Corizon bore striking similarities
to lawsuits filed across the country against the company. The lawsuit quotes
several of those complaints, including one from Georgia in which a doctor who
worked for Corizon said he was “constantly under
pressure … to make certain medical decisions in order to avoid costs.”
June 13, 2012 The New Mexican
The state Corrections Department could save millions by spending more on
community corrections programs and tweaking some private prison contracts,
the Legislative Finance Committee says. A recent evaluation of the
department, by the committee and the Pew Center on the States, uncovered
problems with contract management, parole planning and programs aimed at
keeping prisoners from returning. A recent committee newsletter said,
"The department could save $2 million a year by amending its contract
with the private company that runs the Hobbs prison, the review says. Even
though staffing level requirements were cut in March, the state is paying the
operator the same amount." The Hobbs prison is operated by the
Florida-based Geo Group, which also runs other prisons in Santa Rosa and
Clayton.
March
17, 2012 Albuquerque Journal
The companies that operate private prisons where New Mexico state inmates serve
their time have racked up nearly $1.6 million in penalties for understaffing
and other contract violations since the Martinez administration started
cracking down last year. Nearly all of that was attributable to problems at
The GEO Group Inc.’s prison in Hobbs, although the company’s Clayton prison
was recently added to the penalty list. The Corrections Corporation of
America, which operates the women’s prison in Grants, also has been fined
during the past couple of months, mostly for having inmates in the prison
after their release dates. Reversing the practice of the previous
administration, Republican Gov. Susana Martinez decided to pursue the
penalties the state is entitled to impose for contract violations. “In
today’s struggling economy, the people of New Mexico deserve to know the
Corrections Department is running in a fiscally responsible manner,”
Corrections Secretary Gregg Marcantel said this
week in a statement. The department recently revived its Office of Inspector
General to keep tabs on contract compliance. Such fines are discretionary,
and former Democratic Gov. Bill Richardson’s administration gave private
prisons a pass, irking lawmakers who estimated that upwards of $18 million
could have been collected. Richardson’s corrections chief, Joe Williams – who
claimed that estimate was inflated – said that prisons already were paying
substantial overtime costs, that understaffing was largely due to factors
beyond their control, and that the facilities were safe and secure. Williams
worked at Hobbs for GEO’s predecessor company before Richardson hired him,
and he returned to GEO’s corporate offices in Boca Raton, Fla., at the end of
Richardson’s tenure. After negotiations with the Martinez administration, GEO
in January paid a $1.1 million fine for violations at the Lea County
Correctional Facility in Hobbs for the period from January through October of
2011. GEO also agreed to put another $200,000 into recruitment over the
subsequent year. GEO continued to be penalized: $158,529 for November, $139,621
for December, $78,710 for January and $84,753 for February, according to
documents provided by the department. The February assessment isn’t final
yet, because the company has until late this month to respond to it. The
fines largely were due to vacancies in the ranks of correctional officers and
in noncustodial positions such as teachers, counselors and treatment
providers. Corrections officials have said it’s difficult for the men’s
medium security lockup at Hobbs to recruit and keep corrections officers
because it’s competing with the oil industry. An assessment of $2,570 for
understaffing in January was proposed for GEO’s Northeastern New Mexico
Detention Facility in Clayton, but the problem had been corrected by the time
the department sent a letter to the prison on Feb. 10, and no penalty was
assessed. In early March, however, the department notified the Clayton prison
that it would be fined $5,373 for February, for vacancies in mandatory posts
and for two inmates imprisoned beyond their release date. That penalty is
pending. GEO did not respond to requests from the Journal for comment. The
Corrections Corporation of America, which operates the New Mexico Women’s
Correctional Facility in Grants, was fined $11,779 for January, and $9,974
for February – still pending – for an academic instructor vacancy and for
inmates held beyond their release dates. Inspector General Shannon McReynolds
said that occurs when the required parole plans aren’t developed in a timely
way.
November
14, 2011 Santa Fe New Mexican
A Florida company will pay New Mexico $1.1 million in penalties for not
adequately staffing a private prison it operates in Hobbs, a state official
said. GEO Group, which manages three of New Mexico's four private prisons,
agreed to pay the settlement last week following a meeting between the
corrections agency and the company's top management, Corrections Secretary
Gregg Marcantel said Monday. "They've agreed
on it," Marcantel said of GEO. "It's a
very fair way of doing it. They are not completely happy. It needed to be
done." Officials at GEO could not be reached for comment Monday night.
GEO will pay the $1.1 million over several months, the corrections secretary
said. In addition, GEO has agreed to spend $200,000 over the next calendar
year to recruit new correctional officers for the Hobbs facility. By
contract, New Mexico can penalize The GEO Group and Corrections Corp. of
America, the two firms that operate the private facilities, when staffing
vacancies are at 10 percent or more for 30 consecutive days. The settlement
represents the first time in years — possibly ever — that New Mexico has
penalized the out-of-state, for-profit companies for not adequately staffing
the facilities they operate. The issue has come up in the past, but state
officials said New Mexico had never levied penalties for understaffing
issues. The question surfaced in 2010 when state lawmakers were struggling to
find ways to close a yawning state budget gap. At the time, the Legislature's
budget arm, the Legislative Finance Committee, estimated Gov. Bill
Richardson's administration had skipped $18 million in penalties by not
assessing penalties against the two firms for inadequate prison staffing
levels. The $1.1 million covers understaffing by GEO at the Hobbs facility
for only this year and was reached after the state corrections agency and GEO
spent most of the summer disputing each other's methodology for computing how
much GEO should be penalized, state documents show. Marcantel
said he could not retroactively penalize the companies for previous years,
but could only go back to the first day of Gov. Susana Martinez's tenure,
Jan. 1. According to state records, of the four privately operated prisons,
Lea County Correctional Facility in Hobbs has struggled the most to keep correctional
officers on the job. The facility's vacancy rate hovered above 20 percent for
12 of the 14 months for which there was data — between January 2010 and March
of this year. That includes seven consecutive months — September 2010 through
March 2011 — when the vacancy rate was 25.24 percent, records showed. Going
forward, the state will check monthly to ensure the four privately operated
prisons are adequately staffed, Marcantel said.
"Our new approach, it's not going to be waiting," Marcantel said. "That doesn't motivate" the
companies to keep staffing levels where they need to be, he added. GEO,
headquartered in Boca Raton, Fla., recently reported $1.2 billion in earnings
and $58.8 million in profit through the first nine months of this year,
according to a Nov. 2 release by the company.
October
24, 2011 Odessa American
A 52-year-old New Mexico man died Saturday morning following a fight with
another inmate in a prison in Lea County, N.M. A New Mexico Department of
Public Safety news release stated that at about noon Friday, Lea County
Correctional Facility inmate Chris Phillips was airlifted to University of
New Mexico Hospital from the Hobbs, N.M., prison following an altercation
with another inmate. Phillips was pronounced deceased at 3:14 a.m. Saturday.
The circumstances surrounding the death of Chris Phillips were under
investigation by Lea County Correctional Facility Officials with the Hobbs
Police Department serving as the lead criminal investigating agency. In
accordance with departmental policy and standard operational procedure, the
New Mexico Department of Corrections has also initiated a Critical Incident
Review of the matter.
April
25, 2011 The New Mexican
The two for-profit firms that run four of New Mexico's 10 prisons often
struggle to keep correctional officer jobs filled, state records show. One in
five such jobs at a Hobbs facility was vacant for much of the past 15 months,
while the prison in Santa Rosa reported a vacancy rate of around 12.5 percent
over the same period, according to the records. By contract, New Mexico can
penalize The GEO Group and Corrections Corporation of America, the two firms
that operate the facilities, when staffing vacancies are at 10 percent or
more for 30 consecutive days. It's a threshold that appears to have been
crossed multiple times at all four prisons since January 2010. The vacancy
rate at Hobbs topped the 10-percent threshold in each of the 14 months for
which data was available between January 2010 and March of this year.
Meanwhile, the 10-percent threshold was topped nine times over that period at
Santa Rosa and six times at a Clayton facility. Like the Hobbs facility, both
are run by GEO. A CCA-operated prison in Grants topped the 10 percent rate
four times over the same period. Whether to penalize the out-of-state,
for-profit firms is an issue that has come up before. The question surfaced
last year when state lawmakers were struggling to find ways to close a
yawning state budget gap. At the time, the Legislature's budget arm, the
Legislative Finance Committee, estimated Gov. Bill Richardson's
administration had skipped $18 million in penalties against the two firms.
One powerful lawmaker said Monday the issue is still important and the
Legislature shouldn't lose sight of it. "We'd like to follow up and
perhaps do a performance group review on the private prison operators to see
whether they are making excessive profits," Rep. Luciano
"Lucky" Varela, D-Santa Fe, said of the Legislative Finance
Committee. Varela, the committee chairman, said he can accept a reasonable
return for the prison operators, but high vacancy rates at prisons operated
by the firms raise questions about how state dollars are being spent to
operate the facilities. Determining whether the companies should be penalized
for high vacancy rates is an involved process, a Corrections Department
spokesman said. GEO and CCA might have asked corrections officers already on
the job to work overtime to address the staffing situation. If they did, the
department "cannot in good faith consider that position to be
vacant," spokesman Shannon McReynolds wrote in an email. But the state
doesn't know whether that happened. That would require going through shift
rosters at each privately operated facility, McReynolds said in a follow-up
phone interview. "That will take a decision from the
administration," McReynolds said, referring to new Corrections Secretary
Lupe Martinez. "We do not have specifics on overtime. Every once in awhile we'll hear a particular facility has spent a lot
on overtime." Because of sporadic record-keeping at the facilities GEO
and CCA operate, the state corrections agency couldn't verify last year how
often the two firms violated the vacancy-rate provision in their contracts,
if at all. As a result, the agency couldn't corroborate or refute the
Legislative Finance Committee's estimate of uncollected penalties. Joe
Williams, then-corrections secretary, decided not to pursue penalizing the
two companies, saying GEO and CCA were making a good-faith effort to keep the
facilities staffed. The contracts give the corrections secretary discretion
to waive the penalties. If Lupe Martinez, the new corrections secretary,
decides to collect penalties, it would be only for January 2011 and onward,
McReynolds said. Gov. Susana Martinez took power in January and soon
afterward appointed Lupe Martinez, no relation, as her corrections secretary.
According to state records, of the four privately operated prisons, Lea
County Correctional Facility in Hobbs has struggled the most to keep
correctional officers on the job. The facility's vacancy rate hovered above
20 percent for 12 of the 14 months for which there was data between January
2010 and March of this year. That includes seven consecutive months —
September 2010 through March — when the vacancy rate was 25.24 percent,
records show. GEO-run Guadalupe County Correctional Facility in Santa Rosa
reported a 16.93 percent vacancy rate last July, a high point. The vacancy
rate has hovered below 10 percent in five of the last seven months. Another
GEO-run facility, the Northeast New Mexico Correctional Facility in Clayton,
showed a similar trend, reporting vacancy rates higher than 10 percent for
six of the seven months for which data was available between January and
August 2010. Data for July 2010 was missing. As in Santa Rosa, the Clayton
facility's vacancy rate has dropped in recent months. The state's fourth
privately operated prison, CCA-run New Mexico Women's Correctional Facility
in Grants, reported a vacancy rate above 10 percent four times from January
2010 to July 2010, with a 16.47 percent vacancy rate reported in July. The
state corrections agency did not have data for August 2010 to March 2011.
February
23, 2011 Odessa American
Three men were arrested Wednesday in connection to the Jan. 3 beating death
of 31-year-old Lea County Correctional Facility inmate Paul Lasner. Martin Knief, 30;
Lorenzo Mora, 30; and Christopher Morrisette, 31, were charged with
first-degree murder, conspiracy to commit first-degree murder, tampering with
evidence and intimidation of a witness, a news release stated. Bond was set
at $1 million for each defendant, the release stated. The investigation is
ongoing, the release stated. Lasner was sentenced
to life in prison for first-degree murder and two counts of aggravated
battery in 1998 after a drive-by shooting with a shotgun in Clovis, N.M.,
left one dead and two injured in 1997.
January
4, 2011 Clovis News Journal
A 30-year-old Clovis man serving a life sentence in prison for a 1997 murder
was killed Monday at a Hobbs facility. Paul Lasner
was transported from the Lea County Correctional Facility to Lea Regional
Hospital, where police said he was pronounced dead. Hobbs police and medical
personnel were called to the facility for a report of a battery around 1:30
p.m. Monday, according to Mike Stone with the Hobbs Police Department.
Medical responders attempted to resuscitate Lasner
at the prison and continued efforts during transport to the hospital, Stone
said. Lasner was the only person with reported
injuries in the incident, he said. The death is being investigated as a
homicide, police said. Stone said as of Tuesday afternoon there had been no
arrests in connection with the case and would not say if police have any
suspects. He also would not disclose the nature of Lasner’s
injuries. Stone said while Lasner’s death is the
first in at least a year, there have been other homicides at the facility in
recent years.
January
3, 2011 AP
There's been a death at private prison in Hobbs and police say they're
investigating the case as a homicide. Police officers responded to the Lea
County Correctional Facility about 1:30 p.m. Monday in reference to an
assault. They say the victim was transported to Lea Regional Hospital, where
he was pronounced dead. There's no immediate word on whether the victim is an
inmate or a prison guard.
September
10, 2010 New Mexico Independent
The state appears to have been within its rights last year to repeatedly
penalize two private prison operators for letting their vacancy rates hover
above a 10 percent trigger in their contracts, state records show. By
contract New Mexico can levy penalties against the two firms – GEO Group and
Corrections Corp. of America (CCA) — when staffing vacancies at the
facilities they manage in Hobbs, Grants, Clayton and Santa Rosa stay at 10
percent or more for 30-consecutive days. Staffing levels at three of the four
privately operated facilities hovered above 10 percent for much of last year,
state records show. As for the fourth facility, the vacancy rate was above
the 10 percent trigger in six of the 13 months the state records covered.
Corrections Secretary Joe Williams, who worked for GEO before Gov. Bill
Richardson tapped him as corrections secretary, told The Independent last
week the state had never penalized GEO or CCA despite vacancy rates
repeatedly topping the 10 percent trigger. He had the discretion to decide
whether to penalize the firms or not, and he had decided against it, Williams
said. The firms were doing a good job of managing the prisons, he added. Some
state lawmakers are wondering why Williams never assessed the penalties. Some
believe the never-assessed penalties could amount to millions of dollars.
State records show that vacancies at GEO-operated Guadalupe County
Correctional Facility in Santa Rosa were above the 10 percent threshold in 11
of the13 months between July 2009 to July 2010; 10 of the 13 months at the
GEO-run Lea County Correctional Facility in Hobbs; and nine of the 13 months
at the CCA-operated New Mexico Women’s Correctional Facility in Grants. The
vacancy rate at the GEO-run Northeast New Mexico Correctional Facility
eclipsed the 10 percent rate in six of the 13 months covered by the time period
shown in the records, state records show. The agency on Friday reiterated
Williams’ discretion in deciding whether to penalize the companies or not.
“The contract clauses that deal with vacancy rates gives sole discretion to
NMCD so that they may penalize the private prisons,” read an e-mail to The
Independent after we had sent questions related to the vacancy rates from
July 2009 to July 2010. “The penalties are not mandatory and are decided by
the department,” the e-mail continued. “Secretary Williams will be presenting
the reasons to why he has not penalized the vendors to the Legislative
Finance Committee in an upcoming hearing. The department welcomes you to
attend the committee hearing.”
September
7, 2010 New Mexico Independent
Think Progress, the blog of the left-leaning Center for American Progress
Action Fund, has picked up on NMI’s story about New Mexico Corrections
Secretary Joe Williams not penalizing two private prison operators despite
repeated contract obligations. But Think Progress added a bit of information
we forgot to mention: that Williams worked for GEO, one of the two firms that
wasn’t penalized, prior to becoming the state’s corrections secretary.
Williams has not been secret about the affiliation. He talks freely on the
corrections department’s website about the years he spent with GEO as warden
of the Lea County Correctional Facility, which the firm operates, before Gov.
Bill Richardson tapped him as corrections secretary. Here’s an excerpt from
Williams biography on the agency’s website. In 1999, four years before
becoming secretary of corrections, Joe accepted one of the more difficult
challenges of his career. The Geo Group, Inc. (formerly known as Wackenhut)
hired Joe as the warden for the Lea County Correctional Facility, and charged
him with turning around the troubled prison in Hobbs, New Mexico. The
facility eventually became a flagship prison. Agreeing to serve as its warden
proved to be the right move, both professionally and personally. In fact, Joe
liked the city of Hobbs so much, he named his beloved basset hound Sir Hobbs.
The question now is whether Williams’ affiliation will be an issue among
state lawmakers who are wondering why the corrections secretary decided
against penalizing the two private prison operators — GEO and Corrections
Corp. of America — possibly costing the state millions of dollars.
September
26, 2007 Santa Fe Reporter
Over the last year, whistle-blowers have come forward, auditors have released
findings, legislative committees have convened. All concluded that Wexford
Health Sources Inc., the private company that secured an exclusive contract
in 2004 to provide health care to New Mexico inmates, cut corners at the cost
of prisoners’ well being. Last year, SFR published
an award-winning 15-part series focusing on health care professionals’
allegations about the care in the prisons [www.sfreporter.com; “The Wexford
files.” ] Although Wexford’s contract expired on
June 30, 2007, inmates are now filing handwritten civil suits leveled at
Wexford, the State of New Mexico and its private-prison contractor, the GEO
Group. Richard Vespender, an inmate in GEO Group’s
Lea County Correctional Facility, filed suit in the First Judicial District
on July 3, 2007, alleging that Wexford denied him treatment for a back injury
he suffered in 2001 when he slipped on a wet floor at another prison
facility. Vespender, who is representing himself,
says doctors had identified two herniated discs in his lower back that
required surgery, but Wexford would only pay for temporary pain-killers. On
Aug, 15, former Western New Mexico Correctional Facility inmate Johnny
Gallegos filed suit claiming that, in the summer of 2005, Wexford employees
ignored his serious urinary condition. The suit alleges that Gallegos was
treated for constipation, despite regular bowel movements and, after more
than a week of complaints, was finally taken to the hospital after the
prison’s warden discovered him waiting in line at the medical clinic with his
shorts covered in blood. While the plaintiffs have yet to respond to
Gallegos’ complaint, GEO Group and the New Mexico Department of Corrections
have denied culpability in Vespender’s case, and
claim, in their legal response, that they are “without sufficient knowledge
or information” to either admit or deny 32 of Vespender’s
allegations. Most conspicuously, the plaintiffs claim they don’t know enough
about Vespender’s 2006 visits to Dr. Don Apodaca,
who at the time was Wexford’s medical director at the Lea County prison.
Apodaca resigned in November 2006 and previously told SFR: “It came to the
point where I felt uncomfortable with the medical and legal position I was
in. There were individuals who needed health care who weren’t getting it.”
Although NMDOC and GEO now deny sufficient knowledge of both Apodaca’s
diagnosis and that of the specialists at an Albuquerque health clinic, both
were cited in an April 4, 2007 memo from NMDOC denying Vespender’s
final administrative appeal, which was included in Vespender’s
case file. Tia Bland, spokesperson for NMDOC, says this is a moot point: As
of July 1, St. Louis, Mo.-based Correctional Medical Services began handling
prison health care. “If there are inmates who felt that they were not
receiving proper treatment when Wexford was there, there is a process for
them to let us know about that, for them to let the current vendor know about
that and we certainly will address whatever their concern is now,” she says.
Solomon Brown, Gallegos’ attorney, says he’s interviewed dozens of upset New
Mexico inmates, and a new vendor may not be enough. “In my estimations,
there’s nothing but dissatisfaction among the inmates,” Brown says. “The
governor needs to appoint a group to formally look at it, or an ombudsman to
go and talk to these inmates like I do and meet with them.”
September
13, 2007 AP
Some Lea County inmates set fires and broke toilets and windows after being
told they would be allowed only one sausage at dinner. Jail officials said
the inmates began yelling and banging on their doors in what they described
in a news release as a "temper tantrum." Officers from the Lea
County Sheriff's and Hobbs Police departments were called in to restore
control, and the jail was locked down after Tuesday night's incident. Some 33
prisoners were involved, Warden Jann Gartman said.
The remaining 300-plus prisoners at the jail accepted the meal without
incident, authorities said. The damage to the jail was light, with some smoke
damage and broken toilets and windows, the warden said.
February
7, 2007 The Santa Fe Reporter
At the behest of the Legislative Finance Committee (LFC), two correctional
health experts have launched an extensive audit of the medical care in New
Mexico’s state prisons. SFR has learned that Dr. Steve Spencer and Dr. B Jaye
Anno were hired late last month by the LFC to evaluate the level of medicine
provided to state inmates. Their work is part of a larger audit the
Legislature is conducting of the New Mexico Corrections Department (NMCD),
slated for conclusion this spring. “We needed medical expertise in our audit,
because up until now we haven’t had any,” Manu Patel, the LFC’s deputy
director for audits, says. “This way, it’s not just us second-guessing the
Corrections Department. We can actually get a sense of what’s working and
what isn’t.” Patel says the contract with Spencer and Anno is worth
approximately $21,000. The health care component to the Corrections audit
follows a six-month investigation by SFR into Wexford Health Sources, the
private company that administers medical care to state inmates [Cover story,
Aug. 9, 2006: “Hard Cell?”]. The investigation led to a request for the audit
by the state Legislature’s Courts, Corrections and Justice Committee last
October [Outtakes, Oct. 25, 2006: “Medical Test”]. SFR’s series also
compelled Gov. Bill Richardson to terminate the state’s contract with Wexford
in December, a process that will likely take until June, when the prison
medical contract is up for renewal [Outtakes, Dec. 13, 2006: “Wexford Under
Fire”]. Regardless of Wexford’s fate, the LFC is pressing ahead with the
audit. “We are looking at this serving a long-term benefit to the Corrections
Department, so that we can all better evaluate the medical program in the
prisons and its services,” Patel says. Spencer, a former medical director of
NMCD, and Anno, who co-founded the National Commission on Correctional Health
Care, started work on Feb. 5, when they traveled to Lea County Correctional
Facility in Hobbs. “We’re going to look at a number of things when we travel
to the sights,” Spencer says. “We’ll look at the adequacy of staffing, the
appropriateness of care, the timeliness and use of off-site specialists.
We’ll review inmate deaths and whether Corrections is adequately monitoring
the contractor.” Moreover, the medical audit will involve a review of the contract
between Wexford and the Corrections Department, as well as sifting through
tuberculosis, HIV and other medical testing data. Various medical personnel
will also be interviewed throughout the process, Spencer says. Inadequate
tuberculosis testing, chronic staffing shortages and a systemic failure to
send inmates off-site have been among the concerns raised to SFR by former
and current Wexford employees [Outtakes, Oct. 18, 2006: “Corrections
Concerns”]. In an e-mail, Wexford Vice President Elaine Gedman
said, in part, that Wexford plans to cooperate with the audit and is
confident its outcome will be positive. She also said Wexford is cooperating
with NMCD for a smooth transition. NMCD spokeswoman Tia Bland tells SFR that
Corrections is still working on a request for proposal, set to go out in
March, that will kick off the agency’s search for a new medical provider.
“We’re providing [the auditors] with whatever they need, and whatever the
results are, we’ll use that information to our advantage in working with the
next vendor,” Bland says. Bland reiterates NMCD’s contention that Wexford
violated the terms of its contract with the state because of staffing
problems. She says Corrections is still analyzing whether Wexford broke other
contractual stipulations. During the mid-1990s, Spencer and Anno were hired
by the Wyoming Department of Corrections to conduct medical audits of its
prisons. Wexford, which administered health care for the Wyoming DOC,
eventually became embroiled in a US Justice Department investigation
regarding prison health care in that state and lost its contract. Recalls
Anno: “There were a number of problems with Wexford’s operation in Wyoming.”
November
28, 2006 Santa Fe Reporter
In the latest setback for Wexford Health Sources, a former employee has
slapped the prison health care company with a civil lawsuit alleging racial
discrimination. The suit, filed Oct. 25 in US District Court in Albuquerque,
alleges that former health services administrator Don Douglas was fired by
Wexford last October because he is black. Moreover, the suit alleges that
sick and injured inmates at Lea County Correctional Facility in Hobbs, where
Douglas worked, received poor treatment and that the facility lacked critical
medical staff. Wexford, which administers health care in New Mexico’s
prisons, has been the subject of a four-month SFR investigation [Cover story,
Aug. 9: “Hard Cell?”]. As a result, the Courts, Corrections and Justice
Committee held a hearing last month, and the Legislative Finance Committee is
slated to audit Wexford and the New Mexico Corrections Department [Outtakes,
Nov. 8: “Prison Audit Ahead”]. The allegations in Douglas’ lawsuit echo many
of the concerns from employees who have talked to SFR. Specifically, it
charges that even though Douglas alerted a Wexford corporate administrator
about medical and staffing problems, the company did not respond. Instead,
according to the lawsuit, Douglas’ job was audited and he was found
negligent, despite no prior problems and a record of exemplary job evaluations.
On Oct. 10, 2005, Douglas was fired and replaced by a white woman, the
lawsuit says. “Wexford did not provide critical health care in a timely
manner, and I called attention to that,” Douglas tells SFR. “Inmates have a
civil right as incarcerated American citizens to be afforded adequate health
care. But that service is not being provided, and Wexford is neglecting
inmates.” Douglas began working at Wexford in July 2004, but also worked for
its predecessor, Addus. Shortly after his firing,
Douglas filed a complaint with the US Equal Employment Opportunity Commission
(EEOC). A June 5 letter from the EEOC’s Albuquerque office says the agency
found reasonable cause to believe Douglas “was terminated because of his
race.” When queried by SFR, Wexford Vice President Elaine Gedman
wrote in a Nov. 27 e-mail that Wexford is withholding comment until the
forthcoming audit is complete and referred to 14 prior successful audits of
Wexford. Corrections spokeswoman Tia Bland also would not comment on the lawsuit
and noted that NMCD does not oversee Wexford personnel matters. Says Deshonda Charles Tackett, Douglas’ lawyer: “This is an
important case. Mr. Douglas should not have to suffer racial discrimination
in an effort to provide inmates with proper health care.”
November
22, 2006 Santa Fe Reporter
The medical director of a state prison in Hobbs has stepped down from his
post less than a month after a legislative committee requested an audit of
the corrections health care in the state. Dr. Don Apodaca, medical director
of Lea County Correctional Facility (LCCF), turned in his resignation on Nov.
6 due to concerns that inmates there are not receiving sufficient access to
health care. According to Apodaca, sick inmates are routinely denied off-site
visits to medical specialists and sometimes have to wait months to receive
critical prescription drugs. Apodaca blames the policies of Wexford Health
Sources, the private company that contracts with the state to provide
medicine in New Mexico’s prisons, for these alleged problems. Wexford has
been the subject of a four-month SFR investigation, during which a growing
number of former and current employees have contended that Wexford is more
concerned with saving money than providing adequate health care, and that
inmates suffer as a result. On Oct. 24, the Legislative Finance Committee
(LFC) tentatively approved an audit that will assess Wexford’s contract with
the New Mexico Corrections Department (NMCD) and also evaluate the quality of
health care rendered to inmates [Outtakes, Nov. 8: “Prison Audit Ahead”].
LCCF’s medical director since January 2006, Apodaca is one of the
highest-ranking ex-Wexford employees to come forward thus far. His
allegations of Wexford’s denials of off-site care and the delays in obtaining
prescription drugs echo those raised by other former and current employees
during the course of reporting for this series [Cover story, Aug. 9: “Hard
Cell?”]. Specifically, Apodaca says he personally evaluated inmates who
needed off-site, specialty care, but that Wexford consistently denied his
referrals. Apodaca cites the cases of an inmate who needed an MRI, another
inmate who suffered from a hernia and a third inmate who had a cartilage tear
in his knee as instances in which inmates were denied off-site care for
significant periods of time against his recommendations. When inmates are
actually cleared for off-site care in Albuquerque, they are transported in
full shackles without access to a bathroom for the six- to seven-hour trip,
Apodaca says. “Inmates told me they aren’t allowed to go to the bathroom and
ended up soiling themselves,” he says. “The trip is so bad they end up
refusing to go even when we get the off-site visits approved.” When it comes
to prescription drugs, there also are significant delays, Apodaca says.
Inmates sometimes wait weeks or even months for medicine used for heart and
blood pressure conditions, even though Apodaca says he would write orders for
those medicines repeatedly. “Wexford was not providing timely treatment and
diagnoses of inmates,” he says. “There were tragic cases where patients
slipped through the cracks, were not seen for inordinately long times and
suffered serious or fatal consequences.” Apodaca says he began documenting
the medical problems at the facility in March. After detailing in writing the
cases of 40 to 50 patients whom he felt had not received proper clinical
care, Apodaca says he alerted Dr. Phillip Breen, Wexford’s regional medical
director, and Cliff Phillips, Wexford’s regional health services administrator,
through memos, e-mails and phone calls. In addition, Apodaca says he alerted
Wexford’s corporate office in Pittsburgh. Neither Breen nor Phillips returned
phone messages left by SFR. Apodaca says he also informed Devendra Singh,
NMCD’s quality assurance manager for health services. According to Apodaca,
Singh assured him that he would require Wexford to look into the matter, but
Apodaca says he never heard a final response. “Wexford was simply not
receptive to any of the information I was sending them, and I became
exasperated,” he says. “It came to the point where I felt uncomfortable with
the medical and legal position I was in. There were individuals who needed
health care who weren’t getting it.” Singh referred all questions to NMCD
spokeswoman Tia Bland; Bland responded to SFR in a Nov. 20 e-mail: “If Don
Apodaca has information involving specific incidents, we will be happy to
look into the situation. Otherwise, we will wait for the LFC’s audit results,
review them and take it from there.” Wexford Vice President Elaine Gedman would not comment specifically on Apodaca’s
allegations. In a Nov. 20 e-mail to SFR, she wrote that Wexford will
cooperate with the Legislature’s audit and is confident the outcome will be
similar to the 14 independent audits performed since May 2005 by national
correctional organizations. “Wexford is proud of the service we have provided
to the Corrections Department as documented in these independent audits and
looks forward to continuing to provide high quality health care services in
New Mexico,” Gedman writes. Members of the
Legislature’s Courts, Corrections and Justice Committee, which requested the
forthcoming audit, toured LCCF on Oct. 19 and were told by both Wexford and
NMCD officials that there were no health care problems at the facility. On
the same tour, however, committee members heard firsthand accounts from
inmates who complained they couldn’t get treatment when they became sick
[Outtakes, Oct. 25: “Medical Test”]. That visit, along with Apodaca’s
accounts, calls into question Wexford’s and NMCD’s accounts, State Sen. Cisco
McSorley, D-Bernalillo, says. “We were told on our tour that nothing was
wrong. And now to hear that there is a claim that Wexford and the Corrections
Department might have known about this makes it seem like this information
was knowingly covered up,” McSorley, co-chairman of the committee, says. “We
can’t trust what’s being told to us. The situation may require independent
oversight far beyond what we have. This should be the biggest story in the
state right now.”
November
8, 2006 Santa Fe Reporter
The New Mexico State Legislature is one step closer to an audit of Wexford
Health Sources, the private company that administers health care in New
Mexico’s prisons. On Oct. 24, the Legislative Finance Committee (LFC)
tentatively approved the audit, which will evaluate Wexford’s contract with
the New Mexico Corrections Department (NMCD) and also assess the quality of
health care administered to inmates. The request for a review of Wexford
originated with the state Legislature’s Courts, Corrections and Justice
Committee, which voted unanimously on Oct. 20 to recommend the audit after a
hearing on prison health care in Hobbs [Outtakes, Oct. 25: “Medical Test”]. A
subsequent Oct. 30 letter sent to the LFC by committee co-chairmen Rep.
Joseph Cervantes, D-Dońa Ana, and Sen. Cisco McSorley, D-Bernalillo, refers
to “serious complaints raised by present and former employees” of Wexford.
The letter cites this newspaper’s reportage of the situation and notes that
on a recent tour of Lea County Correctional Facility in Hobbs, “committee
members heard numerous concerns from inmates about medical problems not being
addressed.” It also refers to confidential statements Wexford employees
provided to the committee that were then turned over to the LFC. The decision
to examine Wexford and NMCD comes on the coattails of months of reports that
state inmates are suffering behind bars due to inadequate medical services,
documented in an ongoing, investigative series by SFR. Over the past three
months, former and current employees have alleged staffing shortages as well
as problems with the dispensation of prescription drugs and the amount of
time sick inmates are forced to wait before receiving urgent care [Cover
story, Aug. 9: “Hard Cell?”]. The timing, Manu Patel, the LFC’s deputy
director for audits, says, is ideal, because the LFC already planned to
initiate a comprehensive audit of NMCD, the first in recent history.
Regarding the medical component of the audit, Patel says: “We will be looking
at how cost-effective Wexford has been. Also, we will be looking at the
quality of care, how long inmates have to wait to receive care and what
[Wexford’s] services are like.” Patel says the LFC plans to contract with
medical professionals to help evaluate inmates’ care. As per a request from
the Courts, Corrections and Justice Committee, current Wexford employees will
be given a chance to participate in the audit anonymously. The audit’s
specifics require final approval from the LFC in December; the committee will
likely take up to six months to generate a report, according to Patel. In a
Nov. 6 e-mail to SFR, Wexford Vice President Elaine Gedman
cites 14 successful, independent audits performed of Wexford in New Mexico
since May 2005. “Wexford is proud of the service we have provided to the
Corrections Department as documented in these independent audits and looks
forward to continuing high quality health care services in New Mexico,” Gedman writes. NMCD spokeswoman Tia Bland echoes Gedman: “We welcome the audit and plan on cooperating any
way we can,” she says. Meanwhile, former employees continue to come forward.
Kathryn Hamilton, an ex-NMCD mental health counselor, says she worked
alongside Wexford staff at the Pen for two months, shortly after the company
took the reins in New Mexico in July 2004. Hamilton alleges that mentally ill
inmates were cut off psychotropic medicine for cheaper, less effective drugs
and that inmates waited too long to have prescriptions renewed and suffered severe
behavioral withdrawals as a result. Hamilton, who had worked at the Pen since
April 2002, says she encountered the same sorts of problems under Addus, Wexford’s predecessor, but quit shortly after
Wexford’s takeover because the situation wasn’t improving. “They would stop
meds, give inmates the wrong meds or refuse to purchase meds that were not on
their formulary, even if they were prescribed by a doctor,” Hamilton says. “I
felt angry, sometimes helpless, although I always tried to speak with administrators
to help the inmates.” Hamilton married a state inmate by proxy last month,
after continuing a correspondence with him following her tenure at the Pen.
Hamilton says she did not serve as a counselor to the inmate, Anthony
Hamilton, but met him after helping conduct a series of mental health
evaluations. Hamilton has been a licensed master social worker under her
maiden name since 2000 (according to the New Mexico Board of Social Work
Examiners). She emphasizes that her relationship with her husband did not
begin until after she left the Corrections Department. According to Hamilton,
her husband, still incarcerated at the Pen for aggravated assault, recently
contracted methicillin-resistant staphylococcus aureus (MRSA), a serious
staph infection. In a previous story, four current Wexford employees
specifically mentioned MRSA as a concern to SFR because they allege Wexford
does not supply proper protective equipment for staff treating infectious
diseases like MRSA [Outtakes, Oct. 18: “Corrections Concerns”]. Wexford Vice
President Gedman did not address Hamilton’s claims
when queried by SFR. Corrections spokeswoman Bland also says she can’t
comment on Hamilton’s allegations because she had not spoken with Hamilton’s
supervisor at the time of her employment. Says Hamilton: “I initially called
the newspaper as the concerned wife of an inmate, not as a former therapist.
With all the stories the Reporter has done, I wanted to come forward with
what I had seen at the Pen.”
July
22, 2003
The state Supreme Court on Monday affirmed a prison inmate's first-degree
murder conviction for the death of a fellow prisoner at the Lea County
Correctional Facility. The high court rejected Paul Payne's arguments
on appeal that his constitutional rights were violated and there was not
enough evidence to support his convictions.
Payne was convicted in the June 17, 1999, death of Richard Garcia at the
private prison in Hobbs, operated by Wackenhut Corrections Corp. Garcia
was in an isolation cell when a guard opened the door to it, allowing Payne
and another inmate - who were working as porters outside their cells - to
enter. Garcia was stabbed more than 40 times. (AP)
May 4, 2003
A Lea County Detention Center inmate who stood guard outside a cell while
another inmate was killed was convicted of murder Thursday. A court
translator informed Juan Mendez that he was found guilty of murder and
conspiracy to commit murder. Mendez is one of six inmates charged in
the Jan. 13, 1999, stabbing death of Robert Ortega. Authorities said Ortega
was stabbed more than 70 times.
July 22, 2003
The state Supreme Court on Monday affirmed a prison inmate's first-degree
murder conviction for the death of a fellow prisoner at the Lea County
Correctional Facility. The high court rejected Paul Payne's arguments
on appeal that his constitutional rights were violated and there was not
enough evidence to support his convictions.
Payne was convicted in the June 17, 1999, death of Richard Garcia at the
private prison in Hobbs, operated by Wackenhut Corrections Corp. Garcia
was in an isolation cell when a guard opened the door to it, allowing Payne
and another inmate - who were working as porters outside their cells - to
enter. Garcia was stabbed more than 40 times. (AP)
May 4, 2003
A Lea County Detention Center inmate who stood guard outside a cell while
another inmate was killed was convicted of murder Thursday. A court
translator informed Juan Mendez that he was found guilty of murder and
conspiracy to commit murder. Mendez is one of six inmates charged in
the Jan. 13, 1999, stabbing death of Robert Ortega. Authorities said
Ortega was stabbed more than 70 times.
November
18, 2002
Richardson announced Thursday
that Santa Fe lawyer Mark Donatelli and Joe
Williams, warden of the private prison in Hobbs, will co-chair Richardson's
Corrections Transition Team, charged with identifying strengths, weaknesses,
opportunities and "major threats" to the department. Williams was a
former warden of the state medium-security prison in Los Lunas until the late
1990s, when he was hired by the Florida-based Wackenhut Corp., which operates
a 1,200-bed private prison in Hobbs. During his campaign, Richardson
frequently said he did not want to spend money to build new prison cells,
often adding variations of the sound bite, "I want to invest in people,
not prisons." Richardson never took a stand on whether the state should
continue using private companies to operate prisons - though he said more
than once that he had toured Wackenhut's Hobbs facility and was favorably
impressed. Donatelli said that one of the first
things the state needs to do is re-evaluate the effectiveness of private
prisons. "There's no credible evidence that private prisons save
money," he said. "The budget keeps going up." (Santa Fe New
Mexican)
November 13, 2002
A Hobbs prison guard who helped beat up two handcuffed inmates on the orders
of an associate warden was sentenced Tuesday to four years
probation. While Senior U.S. District Judge John Edwards Conway
did not sentence ex-lieutenant Thomas Doyle McCoy to prison, as suggested by
one of the inmates, he did take up a suggestion that McCoy make a videotape
to help dissuade other law officers from using excessive force. McCoy
pleaded guilty in March to two counts of conspiracy to obstruct justice.
He admitted that he and fellow lieutenant Judson McPeters
beat inmates Tommy McMannaway and David Gonzales
during separate incidents in 1998. Conway said McCoy had to be as
"stupid as they come." "I can't understand why when an
assistant warden asks you to beat up somebody, why you don't say,
"That's not my job," Conway told McCoy. McPeters
pleaded guilty in February to two counts of conspiracy to obstruct justice
and is to be sentenced today in Las Cruces. He has said he participated
in the beatings. The government recommended McPeters
and McCoy get probation because they cooperated with an FBI-based Wackenhut
Corrections Corp. McCoy and McPeters said
they were ordered to beat up prisoners by then-associate warden Raymond
O'Rourke and told to cover up the incident. O'Rourke pleaded guilty in
June to one count of deprivation of an inmate's civil rights and obstruction
of justice. He was sentenced to 21 months in prison and fined
$25,000. Former prison guard Gary Butler was sentenced Thursday to 37
months in prison and fined $7,500 for helping beat up inmate Eric Duran in
1998 and covering it up. Wackenhut, meanwhile
has settled lawsuits brought by Duran and McMannaway.
Lawyer Mark Donatelli, who pushed for an
investigation of the prison and represented McMannaway
and Duran, said the settlements are confidential. (Journal Staff)
November
11, 2002
Bernalillo County officials
have launched talks with private companies about the possibility of them
operating the Downtown jail to house federal or state inmates. Bernalillo
County has built a new 2,100-bed Metropolitan Detention Center on the West
Mesa. The main Downtown jail will be vacated after inmates are moved to the
new lockup, probably later this month and in December. During a city-county
Government Commission meeting Tuesday, jail employees union President Anthony
Marquez spoke against turning the Downtown jail over to a private company.
"Let's not try to make a buck off of it," he said. (Desertnews.com)
July
18, 2002
An inmate accused of acting as
a lookout while another prisoner was killed has been charged with murder.
Juan Mendez, a former inmate at the private Lea County Correctional Facility,
was arraigned Tuesday on charges of murder, conspiracy to commit murder and
tampering with evidence. Bond was set at $250,000. Mendez, 33, is the fifth
person indicted in connection with the Jan. 13, 1999 stabbing death of Robert
Ortega, who was attacked in his cell at the Hobbs prison, owned and operated
by Florida-based Wackenhut Corrections Corp. (The Associated Press State and
Local Wire)
June
21, 2002
A prison inmate has been
sentenced to life plus nine years for the murder of a fellow prisoner who was
stabbed to death in his cell - the victim of 50 wounds. Paul Payne, 28, was
sentenced after being convicted Monday of murdering Richard Garcia in June
1999 at the privately run Lea County Correctional Facility. According to
trial testimony, the killers left Garcia's cell yelling "white
power!" and raising their fists. A guard was removed from his job after
an inquiry determined he had allowed Payne and co-defendant John Price into
Garcia's cell, Assistant District Attorney Melissa Honigmann
said. The Lea County facility is operated by Florida-based Wackenhut
Corrections Corp. (The Associated Press State and Local Wire)
April
12, 2002
Two ex-guards from a privately
run Hobbs prison were convicted Friday of civil rights violations in the 1998
beating of an inmate and of conspiring with a third guard to cover it up. Lt.
Matias Serrata, Lt. William Fuller and Kendall Lipscomb of Wackenhut
Corrections Corp. were all found guilty of obstructing justice with the
cover-up and of conspiring to obstruct justice. Serrata and Fuller also were
convicted of violating the civil rights of inmate Eric Duran, who was kicked
several times in the head. A fourth guard, Gary Butler, who had pleaded
guilty earlier to civil rights and conspiracy charges, testified that he had
hit himself in the face at the suggestion of Fuller, then went to Hobbs
police with a story that the inmate had attacked him. "Those who we
trust to enforce the law have one of the most difficult and important of all
jobs," U.S. Attorney David Iglesias said in a statement released Friday.
"When anyone in such a position violates the rights of others, they not
only injure the individual but they also injure the vast majority of law
enforcement officers who perform their duties with honor." Serrata had
said the incident happened within 30 or 40 seconds while a riot was going on
in an adjoining dining area. The Lea County Correctional Facility, which
holds up to 1,200 inmates, is run Wackenhut. (AP)
March
31, 2002
The same day Hobbs prison inmate Eric Duran was rushed to a hospital
emergency room after losing consciousness, then-guard Gary Butler walked into
a Hobbs police station with bruises to his face and filed a report accusing
the prisoner of battering him. Nearly two years later, Butler admitted that
he punched himself in the face to try to justify an altercation with Duran,
who was kicked unconscious. Butler, 28, also told federal authorities that he
and other guards tried to cover up Duran's beating, concocting a story that
Duran hit himself on the floor, a wall and a windowsill while being
restrained. On Tuesday, a two-week trial begins in Roswell for former prison
lieutenants William Fuller, 37, and Matias Serrata Jr., 29, and former
officer Kendall Lipscomb, 25, who face federal charges in connection with the
Dec. 21, 1998, incident with Duran. Butler is expected to testify against
them. Some unnamed guards who witnessed the incident also are expected to
testify for the Justice Department's Office of Civil Rights, court records
say. Butler pleaded guilty in August 2001 to one count each of deprivation of
rights under color of law and conspiracy to commit a felony. As part of a
plea deal, Butler agreed to cooperate and truthfully tell investigators about
the incident. With his deal, Butler became one of a handful of guards who
admitted heavy-handedness at the Lea County Correctional Facility, which
holds up to 1,200 state inmates under contract with Florida-based Wackenhut
Corrections Corp. The Duran incident is one of three reported inmate beatings
in 1998 that left guards facing criminal charges. They were investigated by
state and local police as well as the FBI. "Gary Butler has agreed with
everything that Eric has said," Donatelli
said. "Eric's account was corroborated by numerous staff there. It's not
just the word of an inmate seeking damages from Wackenhut. It's also the word
of people who worked for Wackenhut." The Justice Department lawyers said
Duran's assault followed an incident when Duran refused to sit at his
assigned seat in the prison dining hall and was involved in an argument with
Lipscomb and another guard. Duran was taken to "P-15 hallway,"
where he "verbally disrespected" Fuller, the brief said. The brief
said Fuller yelled at Duran to face a wall, put his hands on the wall and
made unspecified threats. According to the brief: Duran was ordered to put
his hands behind his back to be handcuffed, but only gave one hand because he
was afraid of being beaten. He asked that the guards videotape the incident,
but the guards refused. Duran finally gave both hands to be handcuffed, and
when he did, Fuller and Butler allegedly slammed him to the floor. The brief
said Duran didn't resist. "As Duran lay face down on the floor,
surrounded by officers and handcuffed behind his back, Lt. Fuller stood up,
stepped to Duran's upper body and delivered a forceful kick to the inmate's
head," the trial brief said. Butler also allegedly kicked Duran in the
head. "Fuller and Butler alternated kicking Duran, as the inmate's head
'flopped' back and forth from one side to the other," the trial brief
said. (Albuquerque Journal)
March 13, 2002
Another former guard at the privately run prison in Hobbs has pleaded guilty
to federal charges related to the 1998 beatings of two inmates and subsequent
cover-ups. Former lieutenant Thomas Doyle McCoy entered guilty pleas Tuesday
in federal court in Albuquerque to two counts of conspiracy to obstruct
justice. He faces a maximum penalty of five years in prison on each count.
The charges were filed by the U.S. Department of Justice's Civil Rights
Division following an investigation of the Lea County Correctional Facility
by the FBI. As part of a plea bargain, McCoy admitted he participated in the
beatings of inmates David Gonzales and Tommy McManaway,
who were assaulted separately in August 1998. The beatings, court records
say, were ordered by former high-ranking officials at the prison, which is
run by Florida-based Wackenhut Corrections Corp. Prison warden Joe Williams
has said the administration changed hands in 1999, that none of the people
involved in the incidents works there any longer and that his guards treat
inmates with respect. Attorney Mark Donatelli, who
represents McManaway in a suit against the prison,
said "we appreciate the willingness of Mr. McCoy to accept
responsibility for his actions. "More importantly, we believe the
investigation and prosecution by the Justice Department will send a message
to other corrections officers that will help prevent other inmates from being
victimized like Tommy was." McCoy's plea follows that of former
lieutenant Judson McPeters, who pleaded guilty Feb.
20 to two counts of obstruction of justice which stemmed from the beatings of
Gonzales and McManaway. According to McCoy's plea
agreement, McCoy and McPeters slammed Gonzales to
the ground, where an officer handcuffed him. McCoy "then kicked the
restrained inmate and twisted his ankle until it popped, while other officers
also assaulted the inmate, although there was no legitimate penological
reason for the use of force," the plea agreement said. The plea deal
also said McCoy kicked McManaway in the testicles
while the inmate was lying face down, fully restrained, on the shower room
floor. Another lieutenant kicked McManaway in the
side. The document said guards and supervisors got together to concoct false
stories. For instance, they said the inmates lunged at or tried to strike
guards, requiring the use of force. The reports minimized the guards' use of
force. (Albuquerque Journal)
February
25, 2002
The head of the privately run
prison in Hobbs said the acts of a few former guards or officials accused of
battering inmates in 1998 do not reflect the philosophy of the lockup. Joe
Williams, warden of the Lea County Correctional Facility, said last week that
he and his staff have worked hard to "turn this place around."
Williams and many of his staff are former corrections officers or wardens of
lockups run by the state Department of Corrections. The Hobbs prison is run
by Florida-based Wackenhut Corrections Corp. and houses up to 1,200 inmates
under a contract with the state. Williams made the remarks the day after a
former lieutenant at the prison admitted in court in Albuquerque that he and
other prison guards participated in the August 1998 beatings of two inmates
and subsequent cover-ups at the request of a former associate warden. The
guard pleaded guilty to two federal counts of obstruction of justice. A
lawyer who fights for inmate rights said after Wednesday's hearing that a
similar incident at the prison in December 1998 — in which four former guards
allegedly beat an inmate and covered it up — shows a pattern of abuse there
at the time. The FBI investigated the incidents and charges were filed by the
U.S. Department of Justice's Civil Rights Division, which alleges that
inmates were falsely blamed at both times by the guards for instigating
incidents that required use of force. The use of force was excessive and
unjustified, according to the Justice Department. The four ex-guards are to
go on trial in April on charges including conspiracy and violation of civil
rights. (ABQ Journal)
February
21, 2002
A former corrections officer at
the privately run prison in Hobbs has confirmed that he and other guards beat
inmates and tried to cover up the incidents at the request of an assistant
warden in 1998. As part of a plea deal, Judson McPeters
of Hobbs, a former lieutenant at the Lea County Correctional Facility,
pleaded guilty Wednesday to two federal charges of obstruction of justice —
one week after the Department of Justice formally charged him. The charges
stem from an investigation of the Wackenhut Corrections Corp. prison — which
houses up to 1,200 state inmates under contract with New Mexico — by the FBI
and the Justice Department's Civil Rights Division. McPeters,
35, faces a maximum of five years in prison on each count. With the plea
deal, he avoided charges of violating civil rights, which carry stiffer
penalties, his lawyer said. Prosecutors would not say Wednesday whether more
prison guards or officials would be charged. Four former guards at the Hobbs
prison are to go on trial in April on federal charges alleging that they beat
and kicked inmate Eric Duran in December 1998 and covered it up. McPeters — in court — named an assistant warden who
allegedly ordered him and other guards to beat inmates. A prosecutor said the
two cases are not related and involve different people. But Mark Donatelli, an attorney who represents Duran and one of
the inmates reportedly beaten by McPeters, Tommy McManaway, said the two cases show a pattern of abuse, at
least in the late 1990s. Duran and McManaway have
pending federal lawsuits against officials or guards with the state, Lea
County and Wackenhut. Donatelli said he believed
the two investigations represent the first criminal prosecutions under
federal civil rights law in state history. "This was not an isolated
incident," said Donatelli, a longtime inmates'
advocate. "It's part of the same pattern of physical abuse of prisoners
that was taking place for months at the facility." In court documents,
Justice Department trial lawyers Bobbi Bernstein and Alli Jernow
alleged that McPeters was part of a conspiracy.
Bernstein read an account in court, which McPeters
admitted was true, that said the beatings occurred Aug. 11, 1998, and Aug.
13, 1998. The cover-up attempts went on through Aug. 31, 1998, according to
the account. Bernstein said Gonzalez and McManaway
were beaten at separate times, including while they were handcuffed. They
were kicked about the body and McManaway was kicked
"two times in the testicles" by another guard, according to the
account. Bernstein said a supervisor who ordered Gonzalez's beating was
present while the inmate was being struck. She did not name the supervisor,
but she said in the account that McPeters, other
guards and supervisors later met to concoct false stories to give if they
were ever questioned. "It raises some serious questions about the policy
that (Wackenhut) apparently, at least in the past, participated in, condoned
or encouraged — unlawful activities," lawyer Crutchfield said. "I
mean, you shouldn't have this type of stuff going on with an organization of
that size." (ABQ Journal)
December
18, 2001
An inmate at a private prison at Hobbs is alleging his civil rights were
violated when he was repeatedly kicked in the head three years ago in a
beating that resulted in the indictments of four former guards. The
lawsuit was filed Tuesday in federal court in Santa Fe against Wackenhut
Corp., which runs the Lea County Correctional Facility; Wackenhut officials;
Lea County; and the state correctional officers, including Corrections
Secretary Rob Perry. The lawsuit alleges Wackenhut officials engaged in
widespread violations of prisoners' civil rights and that Perry and other
state corrections officials were aware of beatings and other uses of excess
force, but took no meaningful steps to stop them. A federal indictment
in May accused the four former guards of beating and kicking inmate Eric
Duran while he was shackled on the floor, then trying to cover it up.
Former guard Gary Butler of Hobbs and former prison Lt. William Fuller of
Floresville, Texas, were accused of kicking Duran repeatedly in the head Dec.
21, 1998. Former Lt. Matias Serrata Jr. of Beeville, Texas, was accused
of doing nothing to stop the attack, while former guard Kendall Lipscomb was
accused of false testimony. Butler also was accused of beating himself
up so he could falsely blame Duran and justify the attack, the U.S.
attorney's office said when the indictments were released. (AP)
August
3, 2001
An inmate charged with first-degree murder in the death of another prisoner
at the private Lea County Correctional Center pleaded guilty to second-degree
murder as a jury was being impaneled for his trial. Last month,
Ortega's family sued prison officials over his death. The civil rights
lawsuit filed in federal court in Albuquerque alleged state prison officials
and Wackenhut Corrections Corp., the Florida-based company that operates the
Lea County prison, knowingly created dangerous conditions that led to
Ortega's death. (AP)
July
17, 2001
The wife and three children of an inmate who was stabbed to death inside a
private prison in Hobbs more than two years ago are suing prison officials
over his killing. Carla Ortega claims in a federal civil rights lawsuit
that state prison officials and Wackenhut Corrections Corp., a Florida-based
company that owns and operates the Lea County Correctional Facility,
knowingly created dangerous conditions that led to the death of her husband,
Robert Ortega. Robert Ortega, 38, was stabbed to death inside his cell
with a home-made knife on Jan. 13, 1999 two days after he was transferred
from the Torrance County Detention Facility to the Hobbs prison, according to
the lawsuit. The suit further alleges that state and Wackenhut prison
officials knew Ortega's life was threatened by members of a prison gang, but
they failed to protect him. Also last month, the family of another
inmate, Richard Garcia, filed a similar lawsuit against Wackenhut and other
state prison officials. Garcia, 47, was in an isolation cell June 17,
1999, when a guard opened the door to his cell in administrative segregation,
allegedly allowing two inmates to enter and stab him 50 times in the back,
chest, head, face and arms, officials said at the time. (Albuquerque
Journal)
June
19, 2001
The family of an Albuquerque man who was killed two years ago inside a
privately run prison in southern New Mexico has filed a lawsuit against state
officials and the company in charge of the lockup. Richard Garcia's
relatives claim prison officials knowingly created dangerous conditions that
led to his death. Garcia, 47, was in an isolation cell in June 1999
when a guard opened the door, allegedly allowing two inmates to enter and
stab Garcia 50 times. Inmates Paul Payne, 27, and John Price, 29, were
charged with capital murder in Garcia's death. (AP)
May
21, 2001
The defendants may be former guards, but the latest case of private-prison
atrocity should put the whole notion of mercenary corrections in the
dock. Four guys in the hire of Wackenhut Corrections Corp. face federal
indictments in the beating and kicking of a Hobbs inmate. For good
measure, they're also charged with trying to cover up their brutality.
What neither corrections secretary, Rob Perry nor Senator Manny Aragon (two
of the masterminds behind New Mexico's foray into prisons for profit) would
admit is this: Even if Wackenhut and other prison companies weren't
committing dangerous, sometimes deadly, errors, they make their money
squeezing a profit margin out of warehoused human beings. By their very
nature, private prisons create a demand for convicts. That demand can
skew criminal-justice proceedings -- against defendants, who, under the
American system are supposed to be innocent until proven guilty.
Handing off prison-running responsibility to the for-profit sector has had
predictable results. The governor, his corrections secretary and the
New Mexico Legislature must it back. ( The Santa Fe New Mexican)
May
19, 2001
A Bernalillo man who works in state prisons is suing
Wackenhut Corrections Corp. over injuries he suffered during a 1999
riot at the private prison in Hobbs. Lawrence Jaramillio,
32, works for the state Correction Department and was a member of the
Penitentiary of New Mexico Security Threat Group Unit in 1999.
Jaramillo was sent to the Lea County Correctional Facility in April 1999 for
a routine investigation of groups or gangs within the prison. Jaramillo
is more like a police detective rather than a jail guard. "At the
time of his work visit on April 6, 1999, (Jaramillo) and other Penitentiary
of New Mexico personnel were assaulted and battered by rioting
inmates...," the lawsuit says in part. The lawsuit alleges the
riot was caused by Wackenhut's negligence. (ABQ Journal)
May
18, 2001
Four former employees of Wackenhut Corrections Corp. have been charged with
crimes in connection with a Dec. 21, 1998, incident at a privately run prison
in Hobbs. Two have been charged with using excessive force against an
inmate and then covering up the incident, according to indictments returned
Thursday by a federal grand jury here. The charges stem from the
incident at the 1,200-bed Lea County Correctional Facility, run by Wackenhut,
in which a guard and a supervisory lieutenant allegedly assaulted inmate Eric
Duran and kicked the inmate repeatedly in the head. Later, the
corrections officers and two other employees met in a conference room and
allegedly agreed on a common cover story that the inmate struck one of the
guards twice in the face with his fist and tried to bite the guard.
Then, according to an allegedly fabricated story, a struggle with the guards
followed and Duran fell and hit the back of his head on a window sill.
(Albuquerque Journal)
April
18, 2001
A Native American is protesting a new corrections policy that does not allow
ceremonies, sweat lodges or smoking. A 36-year-old state-penitentiary
inmate has been on a hunger strike for more than two weeks to protest prison
policies he believes deprive American Indians of religious liberties.
Corrections Department spokesperson Gerges Scott said both the sweat-lodge
ban and the no-smoking policy are justified in the North Facility because the
inmates there are all "disruptive or difficult to manage."
COPA board member Tilda Sosaya said Tuesday Chavez
has been classified as a Discipline problem because of his role as a
"jailhouse lawyer." Scott denied this. "I believe
the reason that he is (at the North) is that he was involved in a disturbance
by Native American inmates in April 1999 at the Hobbs facility."
About 150 inmates participated in the April 6, 1999, riot at the Hobbs
facility, which is operated by the private Wackenhut Corp. The uprising
was led by Native American inmates who claimed their religious rights weren't
being honored. Their complaints included the fact that the prison was
charging sweat-lodge participants for firewood used in the ceremony.
(The Santa Fe New Mexican)
February
17, 2001
Nine American Indian prisoners are claiming illegal interference with their
religious practices in a lawsuit filed against New Mexico corrections
officials. Some of the inmates, admit being involved in an April 1999 melee
that followed similar complaints over religious freedom at the privately run
Lea County Correctional facility in Hobbs. The prisoners, who were allege
racial discrimination, are asking for a jury trail
and punitive damages in excess of $400 million to prevent corrections
officials from practicing similar alleged constitutional violations. The men
allege that after they formed a self-help group in the Hobbs prison in 1998,
Warden Joseph Williams began to dismantle the programs and activities they
had established. They were allowed to participate in sweat lodge ceremonies,
but problems followed, "including outright refusal to provide
firewood," the lawsuit states. The inmates claim they were forced to use
chemically treated wood with toxins that could cause serious medical
problems. The men allege in the lawsuits that their religious ceremonies were
interrupted or stopped on several occasions, and some of their religious
instruments, such as a ceremonial drum and eagle and other feathers, were
confiscated. the inmates' complaints fell on deaf ears, according to the
lawsuit. "Each defendant either ignored the complaints or denied the
requested relief so that the abuses and racial harassment continued
unabated," it states. On April 5, 1999, one of their sacred religious
drums was confiscated, and inmates claim it was desecrated. "This action
was furtherance in a long list of abuses and racially discriminatory actions
by defendant Wackenhut," the lawsuit states. The next day, a disturbance
broke out in the dinning hall and spread to a
corridor. Corrections officials said the riot appeared to have been started
by several Indian inmates upset over religious freedom issues. (Journal
Northern Bureau)
December
14, 2000
It's going to cost New Mexico taxpayers more to house inmates at the
privately run prison in Lea County. Perry told the Legislative Finance
Committee that the new contract with Florida-based Wackenhut Corrections
Corp. calls for an increase from $49.88 a day to $53 a day - 5.7 percent. The
additional cost to the state would be about $1.2 million per year. It would
be Wackenhut's second boost in per diem in a year. In March, some legislators
blasted Perry for previous increase 5 percent per diem for Wackenhut at both
its prisons (Santa Fe New Mexican, Dec. 14, 2000)
October 2000
An advisory letter from the state attorney general's office finds the state
Corrections Department exceeded its authority by contracting with Wackenhut
to give a retroactive per diem pay adjustment. (Santa Fe New Mexican, Oct.7,
2000)
June
18, 1999
An inmate was found stabbed to death in his cell. Two rival gang members were
suspected of the crime. This is the third fatal stabbing at the facility.
April
6, 1999
A group of 150 inmates rioted at this facility, producing minor injuries to
13 staff members. The incident started in the dining hall, but it spread to
other pars of the facility. At issue, in part, were
religious demands of Native American inmates
January
13, 1999
Inmate death An inmate was found stabbed to death at the prison. WCC said the
stabbing appeared to be gang related. This is the eighth stabbing and second
stabbing death since the prison opened 6 months prior to this event.
Lincoln County Detention Center
Carrizozo, New
Mexico
Emerald Corrections (formerly run by Cornell Corporation, formerly
Correctional Systems Inc)
July 28, 2010 Albuquerque Journal
Managers of the Lincoln County Detention Center in Carrizozo have fired an
employee who was injured in a July 12 attack by a prisoner, the Ruidoso News
reported. Walter Beall, the jail's chief security officer, was given his
notice of termination last Friday, the News said. "I didn't get a copy
of the termination," Beall told the News on Monday. "I was so
stunned when they called me in and I saw the word 'termination' across the
top of the paper, that I don't remember much about the details of it."
Beall told the News that he remembered reading on his termination notice that
his firing had to do with having a violent and dangerous inmate unsecured,
endangering staff and violating policy, but jail Warden Marcello Villegas
would not comment. Emerald Companies, which runs the private jail, had not
commented as of the News' press time, but have already listed Beall's
position of chief of security on its website as being open. Beall's attacker,
J. Tyrone Riordan, had just returned to the jail after his removal from a
competency hearing at the district courthouse, which was to determine whether
Riordan was competent to defend himself in his trial for the 2006 murder of
Johnathan Lopez, the News said. Riordan became angry and began yelling at the
judge, using foul language and after ignoring the judge's warnings about his
behavior, was removed from the courtroom and returned to the jail, the paper
reported. After Riordan scuffled with several jail personnel, Beall was taken
to the Lincoln County Medical Center for treatment of a broken nose and
multiple bruises and contusions and was released the same day, according to
the News. Beall said that he had been assisting Riordan since last September
with his case research, documenting as much as 20 hours in a given week,
allowing him access to his computer to view CDs of discovery material, the
News said. Beall also said that during those sessions he would remove
Riordan's cuffs so he could use the phone and work on his files, but would
sit next to him to prohibit any unauthorized access to the Internet, the
paper reported. "I wrote the policy for the Echo Unit (for high-risk
inmates) where Riordan was being housed at the time and I never violated that
policy," Beall said. Beall said that had Riordan been in handcuffs, it
would not have kept the inmate from assaulting him, the News said. "It
would have given him leverage to choke me with the cuffs," said Beall.
"What I did with Riordan was what we had been doing with him for the
past year in assisting him with his pro se cases, prior to and after the new
warden's arrival."
December
23, 2008 Ruidoso Sun
A Lincoln County man has been convicted for his part in a jail riot that
occurred at the Lincoln County Detention Center on Jan. 13, 2008. Jose
Prieto, 25 was convicted Friday of assault on a jail, conspiracy and criminal
damage to property exceeding $1,000. Eighteen prisoners in the Carrizozo
facility's "Delta Pod" were charged with offenses after the riot.
The pod had housed 28 prisoners ranging from accused murderers to petty
misdemeanor probation violations. Since the riots, Emerald Correctional
Management Company has assumed jail management from Cornell Corrections
Company, and this type of prisoner housing has been under study.
June
19, 2008 Ruidoso News
Before Lincoln County commissioners filed over to the county detention center
in Carrizozo for a semi-annual tour and lunch, an official with Emerald Correctional
Management Inc. briefed them on changes since the company took over May 4. Al
Patino, vice president for governmental affairs for
Emerald, said security was "first and foremost" among plenty of
changes. Emerald took over from Cornell Companies, the firm that absorbed
Correctional System Inc., which managed the jail since it opened in April
2001. But complaints about staffing shortages, the filing of several lawsuits
and an in-mate disturbance in January created dissatisfaction. Cornell officials
in February announced they intended to execute a 90-day notice to terminate
the contract with the county that was to run until August 2009. Emerald was
the only company to respond to a request for proposals. Patino
said they found equipment in disrepair and other items needing maintenance.
They also painted. But major changes were tied to security, he said. "We
found a lot of procedural issues, such as classification of inmates," Patino said. "We determined why each inmate was
there and his previous history to decide on the proper housing." A
warden from one of their Texas prisons helped identify problems, he said. For
the one juvenile in the jail, they worked with the district attorney, then
requested and received in writing a court order from the judge for him to
stay until sentenced. Commission Chairman Tom Battin
asked if the company expected to detain juveniles on a regular basis and Patino said no, this 16-year-old is being sentenced as an
adult and is a special case. Patino thanked County
Manager Tom Stewart, who was instrumental in allowing the company to address
issues immediately, he said.
April
17, 2008 Ruidoso News
A one year contract with four renewal options was approved Tuesday by Lincoln
County commissioners with a new firm to manage the county detention center in
Carrizozo. Emerald Correctional Management LLC, founded in 1996 with
headquarters in Louisiana, was represented by Al Patińo,
director of special projects, and Clay Lee, chief executive officer. They
were in the county seat of Carrizozo Monday beginning the transition of
detention center employees from Cornell Industries to Emerald. In February,
Cornell officials notified the county they intended to terminate the
company's contract with the county "for convenience," with an
effective date of May 4. The contract was to run through August 2009. The
county took aggressive action for the procurement of a new operator and
consideration of careful planning for an orderly transition, said County
Manager Tom Stewart. Emerald was the only responsive submission to a request
for proposals advertised by the county with a March 28 deadline for
submission. After a closed executive session during a special commission
meeting Friday to consider the proposal from Emerald officials, commissioners
awarded the RFP to the company, subject to negotiation of a successful
contract. Following the recommendation of Stewart, and with a few minor
changes proposed by County Attorney Alan Morel from the initial submission,
the contract was approved Tuesday in a unanimous vote by commissioners.
"The firm has begun steps to transition current employees to the new
company to meet the May 4 deadline for assuming operations," Stewart
told commissioners. Hitting the deadline without a management company could
have resulted in the jail being closed temporarily while Stewart attempted to
organize a county-run operation. The changes specified in the approval
included: County prisoners are given first priority to be housed in the
center. A flat fee is charged to the county by Emerald, whether the prisoner
is county or federal. The fee is $51.75 per day per prisoner. More definition
of who will provide transport personnel and under what circumstances. The
county provides the vehicles in all cases. Pre-adjudication, Emerald will furnish
the driver/guard. After adjudication, the County Sheriff's Department will
handle the job. Sheriff Rick Virden detailed some other situations where his
department would be responsible, which included someone who commits an
offense inside the county and is arrested outside New Mexico. No
psychological evaluation is required for employees. Patińo
said in Texas, no correctional officers are required to be evaluated.
Insurance coverage was increased from $1 million to $3 million for
occurrences and limits of liability. A provision for a performance bond was
eliminated. In subsequent option years, the rates will not be increased by
Emerald more than a 2.5 cap on the Consumer Price Index. Stewart said he was
extremely encouraged by the contract and the attitude of company executives.
"The company is forward-looking and they are discussing options for the
future," he said. The center holds 144 prisoners. He based his operating
calculations on 130 inmates, Stewart said, adding, the more beds that can be
leased to federal law enforcement agencies, the better the financial break
for the county. He anticipates a $388,000 increase and an annual operating
budget of $2,760,538, "but that covers more officers and a facility
up-to-par with standards by the American Corrections Association,"
Stewart said. Revenues generated by bed rentals and other sources will offset
about $1,360,000, leaving the cost to the county at $1.4 million. Stewart
said the company's reputation is good and Lee just returned from an operation
they run in Israel. Morel said a quality assurance plan will be brought back
to the commission later that will cover employee training requirements.
January
25, 2008 Ruidoso News
An investigation by a Lincoln County Grand Jury of the county detention
center launched before a riot incident Jan. 13 already is bearing positive
results, said 12th Judicial District Attorney Scot Key. He explained that
during the normal course of reviewing several cases that involved the jail,
including an aggravated assault and escape, grand jury members requested an
investigation of the situation at the jail in the county seat of Carrizozo.
"They wanted a better idea of what was happening," Key said
Thursday. "They completed the review and sent a report to District Judge
Karen Parsons." When a riot subsequently erupted at the jail this month,
"That kind of situation kind of highlighted what the grand jury was
concerned about. "As a result of two or three things and my on-going
concern about the jail, about staffing and (personnel) training and other
issues, we asked the county commission to start looking into it prior to the
uprising, which highlighted the need for commissioners to review their
contract with Cornell Companies. I felt our office had to intervene."
But Key said he's seen positive results. "We've gotten involved. Cornell
and the county have had many discussions and I think the lines of
communication have opened," Key said. "We've studied the issues and
problems, and have a positive plan of action for the
future. "Last week, our office began training all jail staff and Cornell
agreed to strategic planning to provide more training to hire more and more
qualified people from a larger geographic area. Very positive things are
going to happen with Cornell, the county and the jail, and we look forward to
really good service being provided to the citizens of the county." Key
met with commissioners Tuesday in a closed executive session. One of the
incidents sparking the investigation into the jail's operation by Cornell under
contract with the county was an escape last October by an inmate, who held a
guard captive at knifepoint. County Manager Tom Stewart said he could not
discuss specifics, but commented that, "The county is in beneficial
discussions with the district attorney regarding a variety of jail issues in
general."
January
14, 2008 Ruidoso News
Twenty-eight prisoners in the Delta pod at the Lincoln County Detention
Center in Carrizozo were at the center of a riot reported at approximately 7
p.m. Sunday. As per policy, Cornell Companies, which manages the detention
center, immediately contacted local law enforcement to provide rapid
perimeter containment on the outside of the main fence. Responding to the
scene were the Lincoln County Sheriff's Department, New Mexico State Police
and the Carrizozo Police Department. Lincoln County EMS and the Carrizozo
Volunteer Fire Department were also at the scene while a situation assessment
was made. Within an hour, the situation was reported as "contained"
with no serious injuries to inmates, officers or prison personnel.
Reportedly, tear gas was used to bring the riot under control, and emergency
technicians were called to administer aid as a result of the gas. Severe
damage to the Delta pod was reported, including the destruction of surveillance
cameras, broken glass and bathroom fixtures torn from the wall. Investigators
later reported that approximately six of the 28 prisoners were actually
involved in the riot and further interviews would be conducted to determine
the cause of the violence. A number of the prisoners involved have been
transferred to other facilities. Last October, a prisoner escaped the Lincoln
County Detention Center when he held a guard at knifepoint. The escapee was
captured later that day after he was sighted and reported by a county
resident. In March 2002, a "mini" riot at the detention center
ensued when inmates protested the snack policy in the commissary, causing
$3,000 in damage to windows, mattresses and plumbing. The riot was blamed
mostly on federal prisoners transferred to the facility.
January
14, 2008 AP
Tear gas was used to quell an hour-long melee instigated by about one-half
dozen prisoners in a pod at the Lincoln County Detention Center. The
disturbance began about 6:30 p.m. Sunday and was subdued by guards and
Lincoln County sheriff's officers, said Charles Seigel of San Diego, a
spokesman for Cornell Companies, which runs the jail. Investigators were
trying to determine what triggered the uprising, he said. A few prisoners
were treated for minor injuries, Seigel said. None of the guards or sheriff's
officers were injured, he said. A small group of prisoners tried to take over
the dorm-style pod that holds 28 inmates, and four to six prisoners were
continuously involved in the uprising, Seigel said. "There was some
damage to plumbing and toilets, things like that," he said. A
surveillance camera also was damaged, Seigel said. The jail has five pods
that hold a maximum of 32 prisoners each.
October
11, 2007 Ruidoso News
A prisoner who made an armed escape from the Lincoln County Detention Center
a few minutes after midnight Thursday morning was arrested in White Oaks
Thursday afternoon. Fred Berry, 36, was taken into custody by the Lincoln
County Sheriff's Office and a knife measuring between eight and nine inches
was confiscated. In his escape, Berry held prison guard Raymond LaFave with a
knife at his neck and demanded to be released from the prisoner pod and the
detention center. According to the probable cause statement filed in Ruidoso
Magistrate Court, Berry also threatened Lieutenant Randy Lucero with the
knife. Reportedly, Berry told the guards, "If you don't let me out,
we're dying here tonight." Charles Seigel, a public information officer
for Cornell Companies, the detention center's manager, confirmed that it is
against company policy for the prisoner to be released from the jail. "I
can't speak to the particular situation," he said by phone, "but it
is definitely not our policy for the doors to have been opened." Cornell's
local commander Roger Jeffers was unavailable for comment at press time. In
the BOLO (Be On the Look Out) that was issued immediately after the escape,
Berry was described as a white male with blue eyes, 6 feet tall and 230
pounds with long brown hair (in a ponytail when last seen) Berry added
several charges to his list of crimes when he cut the tires on two vehicles
as he departed the detention center. Then he forced LaFave to drive him to
the nearby Allsup's at the intersection of Highways
380 and 54, where, at knife-point, he robbed the store of cigarettes and a
lighter before disappearing on foot into the night.
March 12, 2002 A weekend without candy bars
sparked a mini-riot at the Lincoln County Detention Center that lasted less
than a half-hour. Prisoners in one of the jail's dormitory units tried to
light their mattresses on fire, plugged up their toilets and threw things at
guards who tried to settle them down, according to Lincoln County Manager Tom
Stewart. The reason for the uprising: A woman who sells the prisoners chips,
candy and other snacks did not show up over the weekend. "They didn't
get their candy bars," Stewart said. "They didn't get their
snacks." The jail in Carrizozo, which is less than two years old and is
managed by Correctional Systems Inc., was in the process of switching from a
local vendor for inmate snacks to a larger out-of-state company, Stewart
said. He said the local vendor, who comes to the jail and takes orders for
snacks and then returns to deliver them, stopped coming. That left inmates with
no alternatives to jail food, and that made them mad, he said. (ABQ Journal)
Los
Palomas Apartments
Associated Securities Industries
November 19, 2004 Albuquerque Journal
A Santa Fe woman is suing a local security company because it hired a
guard with a criminal record who wound up attacking her while he was on duty
at Los Palomas Apartments in January, according to the lawsuit. Former Associated Securities Industries
security guard Anthony Sena, 23, of Camino Torcido Loop, pleaded no contest earlier this year to a
charge of aggravated battery with a deadly weapon, to wit, a baton; and a
count of attempted kidnapping, for attacking the woman, Edis
Sorta. According to the civil suit filed Monday in
Santa Fe District Court by attorney Thomas Clark, Sena
"was incompetent to perform the work required as a security guard for
the Defendant ASI (Associated Securities Industries), because ... Sena was predisposed to violence and a person with prior
convictions for felony offenses."
When asked to elaborate, Clark said Sena has
convictions from out of state for cocaine possession, marijuana possession
and illegal firearm possession.
"We believe he has a felony criminal history that would preclude
him from being able to carry a firearm," Clark said in a phone interview
Thursday.
McKinley County Detention
Center/Adult Facility
Gallup, New Mexico
Management and Training Corporation (formerly run by Correctional
Services Corporation)
January 5, 2007 Gallup Independent
It took the jury less than two hours with lunch included to find Brian Orr
not guilty of using his power at the McKinley County Adult Detention Center
to sexually abuse three female prisoners in 2003. The issue in the trial
centered around the fact that jurors had to decide who was telling the truth
the three female prisoners from Wyoming or Orr, who worked at the facility at
the time. The three women told the jury of having girlfriend-boyfriend
relations with Orr, getting gifts and being abused. One woman told of being
handcuffed nude in his office while he took photos of her on his digital
camera. The problem was that was all the jury had to go by the words of the
three women. There was no corroborating evidence and Steve Seeger, Orr's
defense attorney, stressed in his closing arguments the background of the
three women and the reasons why they were in jail in the first place.
Pointing out their crimes, which ranged from forgery and passing bad checks
to distribution of methampthemines, he asked the
jury "would you buy a vehicle" from them? In the end, the jury
apparently decided not to believe anyone and issued a statement after the
verdict about "the poor quality of the investigation" and their
belief that it wasn't done "in a professional and competent
manner."
January
3, 2007 Gallup Independent
Testimony began Tuesday in the Brian Orr case. Orr faces three counts of
criminal penetration stemming from accusations made by three Wyoming women,
who were incarcerated in the McKinley County Adult Detention Center in 2003
and 2004. Two of the three accusers testified Tuesday, claiming that they had
a boyfriend-girlfriend type of relationship with Orr while they were
incarcerated. Orr at the time was a captain at the jail. One of the women
claimed that on one occasion as she was being moved from one area of the jail
to another Orr put a hand down her pants and inserted his finger inside her.
The other woman claimed Orr did the same thing to her once when she was in
his office. Both women claimed that Orr made promises to each of them about a
future after they got out of jail, brought them gifts and gave them favorable
treatment. Orr, who was terminated from his position after the charges were
made, was also sued in civil court by the three women. Also named in the suit
were McKinley County and Management Training Center, the private company that
ran the jail at the time. A settlement was eventually made in the civil suit
and McKinley County officials said that no county money was involved. MTC and
its insurance company agreed to pay the settlement, the terms of which were
kept confidential, although one of the accusers at the trial said she
received $55,000 as her share of the settlement. This civil suit is expected
to play a major role in the criminal case with Steve Seeger, Orr's defense
attorney, asking the accusers how the American Civil Liberties Union, which
filed the suit on behalf of the female inmates, got involved in the case in
the first place. Both women testified that the ACLU contacted them and not
the other way around. This led Mike Calligan, chief
deputy prosecutor for the McKinley County's District Attorney's Office, to
ask permission to call to the stand Wednesday one of the ACLU attorneys to
explain how the organization got involved in the case.
January
28, 2006 Gallup Independent
Las Vegas Metropolitan Police arrested fugitive and former McKinley County
Adult Detention Center supervisor Bryan Orr this week in connection with the
sexual assault of two female inmates. Chief Deputy District Attorney Michael Calligan on Friday confirmed Orr's arrest in the Las
Vegas area. Orr was wanted in McKinley County on charges of criminal sexual
contact with an inmate. The charges stem from his tenure as a lieutenant at
the detention center. He resigned from his position with the facility in 2005
and failed to appear for his arraignment on the criminal charges in August.
Sheila Black, 28, and Christine Herden, 23, had
been jailed at the detention center in Gallup in 2003 because there was no
room for them at the Wyoming Women's Center in Lusk. The women claim Orr sexually
assaulted and took nude pictures of them during their stay at the facility.
Orr is also a target of a federal lawsuit filed by The American Civil
Liberties Union that cites "cruel and unusual punishment" on his
behalf. The McKinley County Board of Commissioners and former managing agent,
Management and Training Corporation, were also named in the suit for failure
to properly supervise and train Orr.
January
24, 2006 Casper Star-Tribune
The American Civil Liberties Union has filed a federal lawsuit against a New
Mexico detention officer, alleging he sexually assaulted two female inmates
from Wyoming at a Gallup, N.M., jail and photographed them in the nude. At
the time of the alleged incidents in 2003, the inmates were housed in New
Mexico because of overcrowding at Wyoming's only female correctional
institution, the Wyoming Women's Center in Lusk. The lawsuit claims sexual
abuse and cruel and unusual punishment by Detention Officer Brian Orr of the
McKinley County (N.M.) Detention Center. The complaint was filed on behalf of
inmates Sheila Black and Christine Herden. The ACLU
alleges that Orr repeatedly sexually assaulted the two women and photographed
them in the nude, causing physical injury and severe psychological and
emotional distress. The complaint also alleges that the jail's acting warden,
Gilbert Lewis, the McKinley County commissioners and the Centerville, Utah,
company that managed the jail, Management and Training Corp., were negligent
for failing to properly train and supervise Orr.
September
4, 2003
McKinley County is terminating its contract with the Utah-based company that
has been operating the county jail, a facility plagued by problems.
Four inmates escaped from the jail, run by Management & Training Corp.,
on July 4, after being left unsupervised in a recreation yard. All four
were later captured or surrendered, but investigators said the escapees had a
three-hour head start because guards at the jail did not miss them until a
head count later that day. MTC also operates the Santa Fe County jail
and that facility too has had problems. Warden Cody Graham, who formerly
headed the Santa Fe County jail, was fired a week after the escape. In Santa
Fe, a nine-member state audit team found the jail needed to improve inmate
classification, grievance procedures, discipline, records and inmate
programs. (Santa Fe New Mexican)
July 11, 2003
The McKinley County jail's warden and the lone corrections officer who was
left in charge of 80 inmates during a Fourth of July jailbreak have been
fired. Management & Training Corporation, which manages the
McKinley County Adult Detention Center on a contract, took the action after a
series of security failures on the Independence Day holiday allowed four
inmates, including three suspected in killings, to escape. (ABQ
Journal)
July 9, 2003
An investigation into the Fourth of July jailbreak at the McKinley County
Adult Detention Center in Gallup has concluded that mistakes in all areas of
security allowed two accused killers and two other inmates to escape. Inadequate
staffing because of the Independence Day holiday also led to a failure to
take a head count, which gave the escaped inmates a three-hour head start,
the investigation found. Manuel Vasquez, previously charged with
child abuse resulting in death, was arrested several hours after the break
when he sought treatment for cuts and a fractured ankle at a Gallup hospital.
Robert Kiro, awaiting trial for killing a Gallup
police officer in a raid on Kiro's trailer home in
2001, was arrested in Chambers, Ariz., several hours later. Two
of the four escaped prisoners remained free Tuesday. Velasquez, Kiro, another accused killer and a fourth inmate being
held for shooting at a house, escaped when they were left unsupervised with
about a dozen other inmates for an hour in the jail's recreation area. "The
facility was understaffed for one thing," said Dee Dee
Gonzales, a McKinley County Sheriffs Department
investigator who was charged with looking into the escape. "They let
people off for the holiday." Jails count on three things to
keep inmates within their walls: supervision, security cameras and
fences. The investigation found failures in all three areas. Gonzales
said her report will be sent to McKinley County officials and to the
Management and Training Corp., which runs the jail on a contract. Warden
Cody Graham did not return telephone calls Tuesday. Gonzales
said one corrections officer was on duty Tuesday in a four-pod unit that held
about 80 prisoners. A second officer would usually be on duty but had been
given the day off because of the holiday, Gonzales said. Additionally,
a security camera failed to cover a spot in the recreation area where the
inmates escaped from. And two sections of fence were not joined, allowing the
escapees to reach the parking lot. Kiro
and the other inmates were let into the recreation area about 9 a.m. Friday
and left there while the officer on duty returned to the other inmates,
Gonzales said. Some of the inmates apparently hoisted Kiro and the others onto their shoulders and allowed them
to climb toward a wire mesh cover. The mesh is in sections and the sections
were not attached, which allowed the inmates to pull two pieces apart and
squeeze through, Gonzales said. Once on the roof, they crawled
over razor wire by draping it with bed sheets and climbed down to a lower
roof and then onto the ground. Police believe they were met by a
car and drove away from the jail about 9:30 a.m. They were not discovered
missing until about 2 p.m. because the officer did not do head counts,
Gonzales said. Gonzales said disciplinary action would be up to
the warden or Management and Training Corp. officials. (ABQ Journal)
July 7, 2003
Two of four inmates who escaped the McKinley County jail Friday remained at
large Saturday evening, as an internal investigation continued into how the
escape was allowed to occur. Robert Kiro,
34, was taken into custody without resistance at 10:15 p.m. Friday at the
Chieftain Motel in Chambers, Ariz., 13 hours after the Gallup jailbreak,
Gallup police Capt. Bobby Silva said. Kiro was
charged with killing a Gallup policeman two years ago. "Gallup
will immediately begin the proceedings to bring (Kiro)
back," Silva said. Others who police said escaped Friday
morning were Eric Leyba, 18, accused of beating a
Gallup man to death in March 2002; Alejandro Balderama,
23, charged with shooting at a dwelling; and Manuel Vasquez, 32, who suffered
a fractured right heel and an arm laceration in his jump to freedom. The
escapees jumped three floors from the jail's roof-top recreation area during
an exercise period, which began at 9 a.m. Vasquez hitched a ride
to a local hospital for treatment of his injuries. Hospital officials
dissatisfied with his explanation summoned police who then learned of the
escape, McKinley County Deputy Sheriff Ron Williams said. That
was more than three hours after the jailbreak, he said. Vasquez
was arrested at the hospital Friday afternoon. Leyba
and Balderama remained at large Saturday. Williams
said the delay in reporting the escape left police and sheriff's officers
"totally disgusted, and it's disheartening." Warden
Cody Graham, who runs the facility for Management Training Corp., a private
jail operator contracted by McKinley County, said, "What happened
(Friday) is unfortunate. We are looking into it, and whatever corrective
measures need to be taken will be taken. Whatever security enhancements we
need to do we will do." Graham said that at any one time,
30 to 40 inmates can be placed into the recreation area, and they can stay in
there for up to an hour. They are counted when they are placed
there and they are supposed to be counted as they come back in, he said.
Asked if that recount occurred, he said, "we're still trying to find
that out." The recreation area should have been monitored,
Graham said. "They were not on that day physically
supervised by guards, but there are two cameras up there that are supposed to
be monitored," he said. (ABQ Journal)
July 7, 2003
Law enforcement officials are investigating why an escape from a privately run
county jail went unreported until one of the four fugitives, injured jumping
from the jail roof, showed up at a hospital a few hours later. Two of
the inmates, including one charged with murder, were still on the run this
morning. "We in law enforcement are totally disgusted, and it's
disheartening," said McKinley County Sheriff's Deputy Ron
Williams. The four escaped by leaping three floors from the jail's
rooftop exercise enclosure during an exercise period that began about 9 a.m.
Friday, authorities said. Law enforcement officials found out about the
escape more than three hours later when one of the inmates, Manuel Vasquez,
32, hitched a ride to a hospital, where doctors became suspicious of his
explanation for his fractured heel and cut arm and called police, Williams
said. Another inmate was captured late Friday. Robert Kiro, 34, who scheduled to face trial Aug. 11 in
connection with the killing of a Gallup police officer, was arrested at a
motel in Chambers, Ariz., Gallup police Capt. Bobby Silva said.
"There obviously was human error," said jail warden Cody Graham,
who runs the facility for Management Training Corp., a private jail operator
under contract with McKinley County. "I need to determine what
exactly did not take place when it comes to our procedures," he
said. Graham said inmates Eric Leyba, 18, and
Alejandro Balderama, 23, were still missing this
morning. Leyba is charged with beating a Gallup man
to death in 2002. Balderama was being held on
charges of shooting at a dwelling. Gallup is about 120 miles northwest
of Albuquerque. (AP)
May 1,
2003
A man who was let go as warden in Santa Fe County returned Wednesday a warden
for the McKinley County Adult Detention Center. Cody Graham had been
warden in Gallup when Ogden, Utah-based Management and Training Corp. took
over the operation of the jail in January 2001. He was transferred to
Santa Fe later that year. Both the McKinley County jail and the Santa
Fe County jail are run by MTC. Santa Fe County officials told the
company about inmates' complaints of being denied toilet paper, clothing and
medical care. An advisory committee on the jail said MTC did not
provide enough case managers, had a high turnover in staff and needed to
improve medical staffing. (AP)
May
19, 2002
The McKinley County jail was locked down Sunday after disgruntled inmates set
a mattress on fire, jail officers reported. Eleven inmates locked themselves
in a section of the jail where the fire started, but the incident was quickly
quelled, said Sandy Aragon, director of communications at the Gallup-McKinley
County 911 center. The inmates came out and the fire was extinguished, Aragon
said. The jail is run by a private company, Management Training Corp.
(Albuquerque Journal)
November
26, 1999
On Friday, November 26, five inmates escaped from the county jail operated by
Correctional Services Corp. This brings the total to nine the number of
inmates who have escaped from the prison in the last three months. CSC’s vice
president blamed the escapes on the facility claiming it is structurally
unsound. The inmates climbed through a skylight. CSC recently lost the
contract to run this prison. (Albuquerque Journal, 11/26/99)
September, 1999
Four inmates escaped from the private jail in New Mexico operated by
Correctional Services Corp. The sheriff’s office was not notified of the
escape until an hour and 15 minutes has passed. They crawled through an air
vent. Two were jailed on parole violation and burglary charges. The other two
escapees were in jail awaiting trial on murder, aggravated battery and
kidnapping charges. (Albuquerque Journal, 9/6-8/99)
Metropolitan
Detention Center
Aramark
May
25, 2015 post-gazette.com
New Mexico: Aramark employee smuggling
drugs
After
a lengthy investigation, detectives say they now know who has been smuggling
drugs into the Metropolitan Detention Center. According to investigators,
23-year-old Nick Perea admitted to bringing in
dozens of Suboxone strips to inmates at the jail. At that time, Perea was working for Aramark services in the laundry
department. Police say most of those strips were delivered to an inmate named
Steven Mertz. Investigators say they strip searched Mertz and found a total
of 15 Suboxone strips. Both men are now facing charges in connection to this
case.
New Mexico Department of Corrections
Aramark, CCA, GEO Group, Wexford
State
gets tougher on private prisons - Operators face fine as leniency disappears
under Martinez administration: March 1, 2012, Trip Jennings, The
New Mexican: Damning expose on how former DOC Secretary and former Wackenhut
warden cost state millions of dollars in un-collected fines against
for-profits.
Jul
11, 2020 santafenewmexican.com
Rights
group sues New Mexico Corrections Department, private prison operators
The Human Rights
Defense Center is accusing the state Corrections Department and two private
prison operators of breaking the law by refusing to provide records regarding
lawsuits against the prison management companies. “They are basically
pointing the finger at each other,” center founder Paul Wright said in a
phone interview Thursday. “The state says they don’t have them, and the
companies are saying they have them but aren’t under any responsibility to
disclose them.” Management and Training Corp., which manages the Otero County
Prison Facility, and GEO Group, which operates the Lea County Correctional
Facility and Guadalupe County Correctional Facility, are the companies the center
says won’t release the records. According to two
lawsuits filed Tuesday in state District Court, the center asked the
companies earlier this year for “all verdicts and settlements related to all
claims or lawsuits” brought against MTC in which payments totaled more than
$1,000 for the past 10 years, and “all claims or lawsuits” brought against
GEO Group “concerning any confinement facility operated in New Mexico” for
the same time period. Both companies said they weren’t
subject to the state Inspection of Public Records Act, according to the
lawsuits, and the Corrections Department said the records were in the
possession of the private contractors. Wright said Thursday the lawsuits and
their outcomes are important because they shed light on conditions inside New
Mexico prisons, where 25 percent to 30 percent of state inmates are housed in
facilities run by for-profit companies. “Prison systems rarely exercise much
in the way of supervision over these companies,” Wright said. “Taxpayers are
paying tens of millions of dollars for these services. Lawsuits are a great
gauge of how well they are carrying out their duties. “When you look at these
lawsuits, you see cases of prisoners being killed by guards, beaten and raped
by guards, killed by other prisoners, and dying of abuse and neglect,” Wright
said. “If we asked for this information from New Mexico Corrections
Department or jails, they are legally obligated to give it to us,” he said.
“But we’ve got these private companies refusing to give us information that
if it were held by a public company they would have
to give it to us.” Wright said the Corrections Department is “complicit in
concealing this information” because it doesn’t
require the contractors to comply with IPRA. In Florida, where the Human Rights
Defense Center is based, the Department of Corrections includes provisions in
contracts with private prison operators that require the companies to
acknowledge they are subject to open-records laws, Wright said. “In New
Mexico, they aren’t taking that position,” he said. “No one in the Department
of Corrections wants the public to know how bad these private prison
companies are doing. And if they have nothing to hide, then why are they
trying to keep these things under wraps?” New Mexico Corrections Department
spokesman Eric Harrison said in an email Thursday: “It does not appear we
have been served as of today. Regardless, we cannot comment on active
litigation.” GEO Group did not respond to an email requesting comment on the
center’s claims. A spokesman for MTC — which manages a prison facility and an
immigration processing center in Southern New Mexico, both of which have been
overrun with novel coronavirus cases — said in an email: “MTC appropriately
responded to the request it received from Human Rights Defense Center and
will vigorously defend the lawsuit.” Prying public records from private
prison contractors has been an ongoing battle in New Mexico. The Santa Fe New
Mexican, the Albuquerque Journal and the Foundation for Open Government
jointly sued Corizon Health in 2015 after the
company, which formerly held a $37.5 million-per-year contract to provide
medical care to state inmates, refused to release its settlement agreements
in response to a request from The New Mexican. State District Judge Raymond
Ortiz ruled in 2016 the records were public and must be released. The New
Mexico Court of Appeals affirmed his ruling in September. And the state
Supreme Court declined to review the ruling late last year, resulting in some
of the records being released. Wright said the center, which publishes Prison
Legal News, also has successfully litigated the issue against Corizon. But private prison management and medical care
providers have continued to respond to records requests by saying they aren’t subject to IPRA. Gov. Michelle Lujan Grisham and
Corrections Secretary Alisha Tafoya Lucero both have said they support
transparency when it comes to settlements. But the Corrections Department
awarded a new inmate medical care contract — worth about $246 million over
the next four years — to Wexford Health Sources in 2019 that maintained the
status quo. Asked at the time why the Corrections Department did not include
a provision in Wexford’s contract regarding transparency, Harrison said the
medical care vendors they’ve dealt with have not
been amenable to such a provision. Lujan Grisham’s office did not respond
Thursday to an email asking why the state does not require contract
recipients to comply with IPRA.
Jan 26, 2020 santafenewmexican.com
Ex-prison health
contractor won’t release records despite court rulings
Corizon Health, which until
2016 held a $37.5 million annual contract to treat New Mexico prison inmates,
is refusing to comply with court rulings requiring it to release settlements
it made with prisoners who sued the company alleging poor care. “It continues
to be Corizon’s position that we are not subject to
[the Inspection of Public Records Act], and we plan to pursue additional
court action to clarify that position,” a Corizon
spokeswoman said in an email earlier this month. This comes despite two court
rulings in New Mexico that say the settlements are public records. The Santa
Fe New Mexican, the Albuquerque Journal and the New Mexico Foundation for
Open Government sued the company over its refusal to release the settlements
in 2016, contending the company and the state Corrections Department couldn’t
dodge New Mexico’s public records law through contract provisions. State
District Judge Raymond Ortiz agreed and ordered the company to release the
settlements. Corizon appealed his ruling to the
state Court of Appeals, and when the appellate court upheld Ortiz’s ruling in
October, Corizon asked the state Supreme Court to
review it. The Supreme Court declined, but the company is still refusing to
produce the records. After denying requests The New Mexican sent in December
and January, Corizon spokeswoman Eve Hutcherson
said the company is waiting for the Court of Appeals to issue a mandate in
the case — a process by which the court essentially refers the case back to
District Court. She added the company still does not believe it is subject to
the Inspection of Public Records Act and “plans to seek court review of the
fundamental issue.” Asked what recourse the company still has, Dan Yohalem, the attorney who represented the newspapers and
the Foundation for Open Government, said Corizon
has none because IPRA is a state law. The company, he added, has already argued
its case at every level of New Mexico’s court system. “They’re done,” Yohalem said. “They lost. They’ve got to cough up those
records.” Following the Court of Appeals ruling in October, Gov. Michelle
Lujan Grisham’s spokesman said in an email: “The public records you seek
should be obtainable. ... [The Department of] Corrections should be able to
get that information from the provider and get it to you.” But the department
has repeatedly refused to produce settlements between inmates and the onetime
medical care provider, arguing it is not the custodian of the records. “I am
disappointed that the New Mexico Department of Corrections has taken no
responsibility for its vendor’s lack of compliance with a court-ordered
mandate,” Foundation for Open Government President Susan Boe
said in an email. “Throughout the history of this case, the Department has
hidden behind the statement, ‘We don’t have possession of the documents.’
Well, why not? The state still is ultimately responsible for its prisoners
and should be fully informed of the nature of a prisoner’s medical care or
abuse.” Court records show the state filed a motion in December in support of
Corizon’s opposition to the lifting of a stay in
another pending case in which the plaintiff seeks the same records. That
case, filed by the Human Rights Defense Center in 2016, has been stayed for
more than three years awaiting the Court of Appeals ruling in The New
Mexican’s case. But when the Human Rights Defense Center filed a motion in
November asking the court to move it forward in light of
the appellate court ruling, Corizon argued the case
should be kept on hold while awaiting the Supreme Court’s ruling. The state
Department of Corrections filed a motion Dec. 18 supporting Corizon’s request. The issue was moot by that point — the
Supreme Court had decided two days earlier not to review the Corizon case — but the state District Court has set a
hearing on the motions for April. The Corrections Department did not respond
to questions about why the agency filed the motion. “The Department of
Corrections is obviously in cahoots with them and abetting them on this,”
Human Rights Defense Center Director Paul Wright said.
Sep 14, 2019 kunm.org
Judge: N.M.
Corrections Department Tried To Hide Report On
Health Care Failures
For years, people
who’d been in New Mexico prisons brought lawsuits and allegations about
dangerously bad medical care, as well as sexual abuse by a prison doctor.
According to The Santa Fe New Mexican, a report just came to light detailing
the Department of Corrections failures—even though the state’s been trying to
hide it. The 2014 report emerged as part of a whistleblower lawsuit. In it,
an independent firm writes that the Corrections Department wasn’t conducting
mandatory audits of Corizon—that’s the private
company that handled prison health care in New Mexico up until three years
ago. And that because those audits weren’t happening, the report states,
people who worked in the prisons knew they could get away with anything they
wanted. Secretary Alisha Tafoya Lucero just took over the Corrections
Department. She sat down with KUNM for an interview last week before news of
the report broke. "We are working hard to increase our monitoring tools,
our people that are out there checking up on the contractors and making sure
that they’re complying with whatever the service provisions are," she
said. The judge said the Corrections Department for the last six months has
been willfully concealing evidence. A department spokesperson attributed the
suppression of the report to the past administration via email but didn’t
respond before air-time to a question about how long
Tafoya Lucero had known of the report or this tactic. He said comprehensive
health audits of all New Mexico prisons began this year and that the
department takes oversight seriously.
UPDATE
9/10: Corrections Department spokesperson Eric Harrison said Secretary Tafoya
Lucero became aware of the report in August and wanted it to be made public.
Sep 8, 2018 kunm.org
State Fines Prison Health Care Companies Millions
The state fired the private company in charge of prisoner health care and
gave the contract to another company after a 2016 investigation into
dangerously bad medical care in prisons by the Santa Fe New Mexican. But in
the two years since the change, millions of dollars in fines have been
leveled against the new private health care provider. The state’s Department
of Corrections has fined Centurion—the new private corporation it hired—$2.1
million for staffing shortages since 2016. Attorneys who represent inmates
told lawmakers last month of an incarcerated man who slipped in the hallway,
broke his arm, and spent more than a week with it bent like a question mark.
Local civil rights lawyer Matthew Coyte said
there's a human cost and a financial cost to taxpayers. "They are in
prison. They have no control over if they can go to an emergency room, for
example," he said. "And if the system is understaffed or
underfunded—or dysfunctional in some way, then the inmates suffer."
Another new for-profit company, MHM, that was contracted to provide
behavioral health care, was also fined almost half a million dollars for not
adequately staffing state prisons. New Mexico’s prisons held more than 7,000
people last month.
Apr 5, 2017 abqjournal.com
Former Corrections official sues department
SANTA FE – The former behavioral health chief of the state Corrections
Department has filed a whistleblower lawsuit saying the department fired her
in retaliation for raising concerns about the medical services company that
was providing care to inmates. Bianca McDermott was placed on administrative
leave by Corrections in May 2015 and was terminated the following November.
In a civil suit filed in state District Court last week, McDermott claims
that she was fired for “various whistleblower activities” related to
Corrections’ contract with Corizon, a medical
services provider. She’s asking a judge to order Corrections to reinstate her
to her old position and to pay her for wages lost since her termination. In
2009, McDermott said she began raising concerns over Corizon’s
contract with her supervisors. “Dr. McDermott was personally aware that Corizon was not providing all mental health care required
under the contract, which meant that some portion of the ($200 million) NMCD
paid to Corizon had not been earned,” the lawsuit
says. She filed a “qui tam” action, which allows a private person to sue for
some of the recovery a state agency might receive, and made several public
records requests. The state Attorney General investigated the matter,
according to the lawsuit. McDermott claims Corrections retaliated against her
after that and placed her on leave for six months before firing her. She said
she was accused of a discriminatory hiring decision, violating medical
privacy laws and of being insubordinate. Corrections did not conduct an
investigation into her misconduct in a timely fashion and did not follow
protocol, she claims. McDermott appealed her termination to the State
Personnel Office, which held a hearing in August, but she says SPO still has
not made a decision. An audit released by state Auditor Tim Keller in late
February says Corizon still owes the department
$572,514 in “credits” that he said the state shouldn’t expect to be paid
back. The audit also said there was a conflict of interest in having Corizon’s physicians help with Corrections’ evaluation of
the company’s medical services, a conflict the audit says continued with the
department’s new medical contractor, Centurion.
Aug 21, 2016 lasvegasoptic.com
New Mexico: Judge orders
release of Corizon suit settlements
SANTA FE — A New Mexico
district court judge has ordered Corizon Health to
release settlement agreements it made with inmates who have filed lawsuits
against the company. The Santa Fe New Mexican reports that on Tuesday the
judge sided with two newspapers and an advocacy group that the for-profit
provider of inmate medical services was not protected by confidentially
agreements made with the prisoners who had sued.
August 5, 2016
santafenewmexican.com
Corrections Department withholds investigation on former care provider Corizon
The New Mexico Department of Corrections is refusing to release the
results of an in-depth investigation the department conducted into Corizon Health, the company that formerly provided health
care for most of the state’s 7,000 inmates. Jim Brewster, general counsel for
the department, acknowledged that the report exists but said it was protected
under attorney-client privilege and exempt from the state Inspection of
Public Records Act because it was prepared in anticipation of litigation.
“There is a report on Corizon, but you can’t see
it,” Brewster told The New Mexican. Brewster said currently there is not any
pending litigation related to the information in the report, “but the statute
of limitations in which litigation could be filed has not expired.” It’s not
clear why the investigation was launched or when it was completed. According
to a person with knowledge of the report but who had not read it, the
investigation took more than a year and resulted in a report of several
hundred pages. The person spoke on condition of anonymity because the person
was not authorized to speak about the matter. The Department recently chose
not to renew its contract with Corizon Health after
a six-month investigation by The New Mexican, published in April, revealed
deep problems with inmate care provided by the company, and of the state’s
lax oversight of the company. Corizon, the nation’s
largest for-profit provider of inmate care, faced more than 150 lawsuits
filed by some 200 inmates in the nine years it had the contract, a sharp
increase in the rate of inmate filings during the 2004-07 tenure of the
previous provider, Wexford Health Sources, which the state fired over
concerns about the quality of its medical care. In reporting that story, The
New Mexican requested all documents related to the department’s monitoring of
the company. The department did not provide the report nor did it indicate it
had withheld any documents that were relevant to the request. When The New
Mexican learned about the report recently and requested to see it, Brewster
acknowledged it existed but said it was subject to attorney-client work
privilege or, in the alternate, was not subject to disclosure under a rule
that protects “work product” or information collected or prepared in
anticipation of litigation. Brewster said the report was compiled by the
department’s Office of Professional Services — a division tasked with investigating
allegations of staff misconduct, identifying trends in misconduct and
recommending training and policy changes. Preparing reports in anticipation
of litigation is not listed as one of the division’s missions on the
department website, but Brewster said when the office does its reports, “I’m
the first person that gets them because they are basically providing
information to me so I can use it to provide legal advice to my client.”
Susan Boe, executive director of the New Mexico
Foundation for Open Government, acknowledged that there is a “broad
exception” under the Inspection of Public Records Act that would allow the the department to withhold the report, but said “we don’t
have enough facts to determine whether the report … falls under the
attorney-client privilege and particularly the work product exemption.”
“Important questions to be asked include whether the report was prepared or
was ordered by an attorney,” Boe said. “Was it
shown to non-attorneys? Was the report itself done by an attorney?” Boe said that if the information is shown to a third
party who is not part of the attorney-client privilege, then the argument can
be made that the attorney-client privilege was waived. “However, look at the
Health and Human Services audit,” Boe added, referring
to a 2013 report that resulted in the shake-up of the state’s behavioral
health provider network that was initially kept from public view but later
released. “That was not prepared in anticipation of litigation either civil
or criminal, but once it was turned over to the Attorney General, the state
claimed at the time that it was protected and no longer a public document.”
At the very least, Boe said, the Corrections
department should have disclosed the existence of the report on Corizon — if it was completed, when The New Mexican asked
the department to produce evidence of its due diligence in monitoring the
company, even if it didn’t intend to produce the record. “What they are doing
is putting the burden on the requester to specifically identify documents
even though [The New Mexican’s] request would seem to have covered it,” she
said. So what’s to keep an agency from claiming anything its legal department
reviews is exempt from the Inspection of Public Records Act? “That’s the
problem, isn’t it?” Boe said.
Jul 23, 2016 santafenewmexican.com
‘New Mexican,’ two other entities file suit against Corizon
The New Mexican, along with the New Mexico Foundation for Open Government
and the Albuquerque Journal, have filed a lawsuit in the First Judicial
District Court against Corizon Correctional
Healthcare, the nation’s largest for-profit provider of inmate medical
services, seeking settlement agreements with prisoners and former prisoners. Corizon contends the state’s Inspection of Public Records
does not compel it to provide the documents and that confidentiality
agreements prohibit disclosure. But attorneys for the plaintiffs argue that
although Corizon is a corporation, for the purposes
of the public-records request, “it stands in the shoes” of the New Mexico
Department of Corrections, “because it was providing all the medical services
for New Mexico state prisoners at 10 facilities in New Mexico under contract
with the state of New Mexico.” Under its contract with the state, Corizon was paid $37.5 million per year. “During the
course of providing medical services to New Mexico prisoners, Corizon and the DOC were sued many times as a result of
the alleged inadequacy of medical services provided by Corizon
to New Mexico prisoners,” the lawsuit states. “Corizon
settled many of these lawsuits before the courts had adjudicated the
plaintiffs’ claims. The lawsuits that are the basis for the settlements are
public records. The settlements of these lawsuits are public records.” The
case was assigned to District Court Judge Raymond Z. Ortiz.
Jun 5, 2016 santafenewmexican.com
Centurion lands contract after
supplier’s wife helped craft specs
A consultant who helped write
the New Mexico Corrections Department’s request for proposal on a $41 million
health care contract also has ties to a business that sells medical supplies
to Centurion, the company that received the contract. The consultant, Ann
Perham, is married to Jonathan Perham, owner of Axess
Medical LLC, a Middleton, Mass., company that sells medical supplies to prison
health care providers, including to Centurion for its contract in
Massachusetts. She said there was no impropriety in her helping to craft the
proposal soliciting companies to provide health care for 7,200 prisoners in
New Mexico. But one of the phone numbers Axess
lists on its website leads to a voicemail recording by Ann Perham, who is
also the signatory of the company’s records. Perham billed the state 44.75
hours of work at $200 an hour and requested a payment of $8,950 to be sent to
her Massachusetts home. The phone and fax numbers on Perham’s invoice are the
same as her husband’s medical supply company. Axess
incorporated in Massachusetts in 2009 to “provide procurement services to
private companies and institutions for medical supplies, medical equipment
and healthcare products,” according to its website. Ann Perham said she
disclosed to the New Mexico Corrections Department the relationship between
her and her husband’s business. Perham said in a brief telephone interview
that she works with different companies as a consultant. She would not
disclose the names of the companies. “There’s no conflict of interest. It was
a basic RFP,” Ann Perham said, using the acronym for request for proposal.
Ann Perham and Alex Tomlin, a deputy secretary of the Corrections Department,
said in separate interviews that Axess will not
supply Centurion with medical equipment for its New Mexico contract. Neither
could say where Centurion would purchase equipment. Mike Brewer, senior vice
president of corporate development for Centurion, did not respond to
questions emailed to him last week. Tomlin also told The New Mexican she
thought Axess Medical also had a business
relationship with one of the other bidders on the New Mexico medical services
contract that Centurion won. But spokeswomen for the other two bidders on the
contract, Wexford Health Sources and Corizon
Correctional Healthcare, said in emails Friday they have no record of ever
doing business with Axess Medical. This would
indicate that Jonathan Perham’s company had a relationship only with the
successful bidder of the contract for which his wife wrote the
specifications. Tomlin said the state’s hiring of Ann Perham was a wise move
because Perham is in the prison health care industry and understands how to
write the specifications of how a private company would care for inmates.
“It’s a very small world, medical contract vending for prisons, and we were
trying our damnedest to make the best deal for taxpayers and not leave
anything out,” Tomlin said. “We said, ‘We are not the expert. Let’s go find
the expert to help us write the medical contract. Tomlin said the department
found that expertise in Ann Perham, a former vice president of Corrections
Medical Services Inc., but not before it had already hired and then rejected
a separate consultant. The Corrections Department gave the job to Perham
after it had first hired Jacqueline Moore & Associates,a Colorado-based firm. The state on Jan.
4 paid Ann Perham $8,950 for helping to write the 190-page request for proposal,
according to a copy of the check turned over by the Corrections Department.
Jacqueline Moore said she was never paid for the time she spent preparing the
RFP. Rather, Moore said, Angela Martinez, the Corrections Department’s health
services administrator, told Moore her “services were no longer needed.”
Martinez told Moore she was in discussions with potential bidders on the
contract, Moore said. State rules on contract bidding outlaw certain
communications between the state and bidders. Such laws are meant to prevent
one company from having an edge over competitors. “I told her she really
shouldn’t be doing that,” Moore said. “There should be a cone of silence once
the RFP process has started, and you should not have RFP conversations with
anyone else. And it was from one of the vendors that she got the name of the
consultant she used. The vendor was Centurion.” Tomlin says otherwise. “There
was not communications with vendors,” she said, adding that the department
did not know what companies would bid on the contract when the state was
writing the request for proposal. Tomlin said the state entered into a
contract with Moore, then rejected her. Tomlin would not explain why. As for
Moore’s allegation that the process was improper, Tomlin said only one official
in the department was authorized to speak to the three companies that bid on
the health care contract that Centurion won. Tomlin said there was a
directive that prohibited state employees other than Lori Vigil from
communicating with the bidders. Vigil is General Services bureau chief of the
Corrections Department. Moore insists that Martinez had communications with
Centurion. Moore said that she called Centurion herself when she was working
on the proposal for bids. She said she requested data from the company. “The
RFP was not released at that time, but she was talking to vendors,” Moore
said of Martinez. “She was talking to Centurion. We were working on the RFP
and when I start to work on a project at that point I don’t talk to vendors,
you know, and neither does anyone else from the … state. It’s just not
ethical. I mean you just don’t give someone else an unfair advantage.” Moore
said the department never paid her for about $8,000 in work. She said she
would like to resolve the issue “amicably” rather than through a lawsuit. The
Corrections Department signed a contract with Ann Perham in November. It
called on Perham to “perform technical RFP writing and due diligence
services” for the department for 40 hours at a rate of $200 an hour. She
eventually billed the state for nearly five additional hours. It specified
that Perham would assist the department in preparing performance on
contract-issues that included penalties, sanctions, cost proposal sheets,
Medicaid and staffing requirements. Tomlin said the Corrections Department
was satisfied that Perham had identified her husband as being in the business
of supplying goods to prison health care providers. “As far as NMCD is
concerned, our position was, ‘Yes, she made the disclosure,’ ” Tomlin said in
reference to Perham. “And we were aware.” The request for proposal served as
the basis for bids submitted to the state by three companies in the prison
health care industry. After a six-month competition for the contract, the
Corrections Department this month awarded Centurion both contracts to provide
both medical care and pharmaceutical services that are worth a combined $52
million. Corizon, the state’s former inmate medical
care provider whose contract expired last week, was not selected, despite
earning a higher technical score and offering a lower bid, according to the
company’s spokeswoman. Corizon lost the bid a month
after a six-month investigation by The New Mexican that raised questions
about the quality of care the company provided to inmates.
May 19, 2016 krwg.org
New Mexico Company's Prison Healthcare Contract Not Being Renewed
The company that provides health care services to the
New Mexico Corrections Department says its contract with the state is not
being renewed. Corizon Correctional Healthcare
notified employees this week that the company won't get another four-year
contract. State officials rejected both Corizon and
Wexford Health Sources during a six-month bidding contest for the contract. Corizon replaced Wexford in 2007 and both companies have
come under scrutiny over the quality of health care services they provided to
the state's 7,000 prison inmates. A Corizon
spokeswoman says the company has been honored to provide care for New
Mexico's incarcerated for the last nine years.
Apr 30, 2016 kunm.org
Inmates Sue Over Health Care In N.M. Prisons
The company that handles medical services for prisoners in the state—Corizon Health—is facing hundreds of lawsuits filed by
inmates who say care is inadequate. A series in the Santa Fe New Mexican investigates
whether state officials have been ignoring warning signs or have done an
inadequate job overseeing Corizon. Phaedra Haywood,
one of the reporters who broke the story, spoke with KUNM about the real
impact of poor medical care on inmates and their families. HAYWOOD: One thing
I’d like to mention is while hundreds of inmates have filed lawsuits, but
what I found was that probably more than hundreds of inmates are receiving
poor care. And I think they’re being affected in some of the ways that were
examples in the stories, right? Like, delayed care sometimes results in
conditions getting worse, becoming chronic, becoming lifetime debilitating.
So I think it’s the same impact that it would have on anyone in the general
public if they weren’t getting proper medical care. KUNM: And in one of the
cases that you highlighted in your coverage, you talked to a mother who’s
fighting really hard for her son to get the appropriate treatment while he’s
incarcerated, right? HAYWOOD: Right. Lynn Otero. Her son has been in and out
of institutions for his whole life. And she doesn’t read and write well, and
I think she feels completely helpless to do anything for him, and truly
believes that he should be in a mental institution and not in prison. KUNM:
In the series, you guys also bring up this particularly disturbing case of a
doctor who was accused of sexually abusing inmates in Santa Rosa, and then he
just got transferred to the Clayton prison, where he was accused of abusing
even more inmates. So, how does that happen? HAYWOOD: As we quoted one person
in the story saying, We would have known about that had they been paying
closer attention. It would have shown up in prisoner grievances, or if
auditors had gone and pulled prisoners out and interviewed them, that would
have been caught earlier. KUNM: I just wonder if part of it is this
inclination not to believe people who are behind bars when they make
accusations against institutions. HAYWOOD: Several people that we spoke to
mentioned that. Mr. [Carl] Takei from the ACLU called them the most voiceless
population when it comes to medical care. And you know obviously, some of
these people have killed other people, and people are not sympathetic to
that. Davey Otero, who was our example, who his mother says a lot of his
problems—or legal problems—draw out of behavioral problems, and these people are very much victims of the
system in the sense that they get caught up in the system, and without advocacy, without money to hire
attorneys, I think it’s very hard for them to stand up to a system that’s
kind of discounting them as bad people from the beginning. Not to say that
some of them are not in need of correction, but I do get a sense of
frustration from these people that no one will listen to them. KUNM: So one
of the things that the series works really hard to highlight is that very
little oversight or penalty in New Mexico when Corizon
fails to provide adequate care or creates dangerous situations for inmates.
What are some of the warning signs that the Department of Corrections or the
state should have been heeding? HAYWOOD: The state Auditor’s Office repeated
findings five years in a row that they were not verifying what Corizon was delivering. I think one of the quotes from
their reports was: If Corizon says there’s three
nurses on the floor, they take their word for it, they don’t go out and
verify that there was three nurses there that day. KUNM: So
there was a really strong editorial in the New Mexican, and it was calling on
the state to really examine whether it should renew this contract with Corizon. And criticizing the lack of transparency and
oversight all around. Have you gotten any response yet from state officials,
from the governor, from legislators, from the attorney general, from Gregg Marcantel at the DOC? HAYWOOD: We really haven’t had a
rallying cry of public officials saying, ‘We’re going to do something.’ You
know, I’m still hopeful. Perhaps give them some time to read the whole thing,
because it’s long, and think about what could be done differently.
Nine jurors voted for death, and three voted for life. That means convicted
murderer John Charles McCluskey will receive a life sentence without
possibility of release, rather than death. After a process strung out more
than five months, the federal jury was in court just five minutes Wednesday
as the judge read their verdict form giving a life sentence to McCluskey. A
death sentence requires unanimity among the jurors, and they could not reach
that level of agreement during four days of deliberation. The 30-page special
verdict form asked jurors to look at 160 mitigating factors weighing against
death and seven aggravating factors weighing in favor of death in the Aug. 2,
2010, kidnapping and murder of Gary and Linda Haas. The retired couple had
left Tecumseh, Okla., headed for a Colorado fishing vacation when they were
kidnapped for their travel trailer and pickup at a rest stop on Interstate 40
in eastern New Mexico. They were shot about an hour later at a remote site
north of the interstate by McCluskey, according to trial testimony and the
jury’s verdicts in other phases of the complicated federal death case. McCLUSKEY: Jury deadlocked after four days. McCluskey,
48, had escaped just days earlier from a state prison in Arizona with Tracy
Province, also an inmate, and with the help of McCluskey’s cousin and
girlfriend Casslyn Welch, who provided money,
supplies and reconnaissance of the prison. Both were codefendants in the
federal case charging conspiracy to commit carjacking and murder and
testified for the government in exchange for life sentences. U.S. District
Judge Judith Herrera, who presided over the trial, invited jurors to meet
with her in chambers following the verdict and told them attorneys for the
prosecution and the defense would be anxious to hear about their deliberative
process. “I think that some jurors saw that John’s life has value,” said
Theresa “Teri” Duncan, who was appointed to represent McCluskey within days
of the murders. For example, she said witnesses told about what a great friend
he was when he was young and about his life in prison in Pennsylvania.
McCluskey entered that system in his mid-20s and remained until he was older
than 40, during which he was a prized, hard worker and an inmate who
counseled others to avoid the kind of trouble that can erupt in that
environment. She said other witnesses who knew McCluskey in Arizona “talked
about how respectful he was to older people.” Among them was Sissy Honea, who
told the jury about McCluskey sending her a card during the trial to offer
his condolences when her life partner died. “That meant something to her,”
Duncan said. “She brought John’s capacity for kindness up to the present.
That was one of the more compelling things that the evidence showed for the
right juror.” Gary Haas’ younger sister Linda Rook, reached by phone in
Oklahoma following the verdict, said she was in a state of shock after her
uncle – one of several family members who attended trial religiously – called
to tell her about it. “I’m just going to have to learn to accept it some
way,” Rook said. “He (McCluskey) already had a life sentence, so he’s
essentially getting nothing for what he did to my brother and sister-in-law.”
Rook brought her mother, Vivian Haas, to Albuquerque in August to hear
testimony in the guilt-innocence part of the trial. That testimony began with
the detailed escape planning from the northern Arizona privately operated
facility; the escape itself and subsequent hijacking of two truckers in
northern Arizona; the fugitive trio’s acquisition of another vehicle before
carjacking the Haases, mostly to get their roomy
and air conditioned travel trailer. Codefendants Province and Welch, who have
been promised a prison version of the witness protection program, testified
about what they called McCluskey’s unexpected, unnecessary and infuriating
shooting of the Haases and about their post-escape
wanderings to Wyoming and other parts. In a second phase, prosecutors proved
the statutory factors required for a death verdict. And in a final,
“selection” phase, prosecutors argued that McCluskey was such a danger that
he couldn’t be safely housed even in a federal prison and that he deserved to
die for killing a special couple. The defense brought in mitigation witnesses
about McCluskey’s life and social history. Despite the outcome, Rook said she
was appreciative of the jury’s work and that of prosecutors who’ve spent over
two years on the case. The official word, however, from acting U.S. Attorney
Steve Yarbrough was not disappointment. “The jury decided not to seek death
but they found him guilty of every count charged,” Yarbrough said. “The
process played out the way it was supposed to.” Asked if the millions of
dollars spent on a death penalty prosecution was worth it, Yarbrough said
that wasn’t his call. “It isn’t my decision. Congress passed the law and the
president signed it,” he said. “It’s ultimately the call of the (U.S.)
Attorney General, who looks at it in terms of other cases across the U.S.” in
pursuit of uniformity. The extensive jury verdict form asks each juror to
certify that race, color, religious beliefs, national origin or gender of the
defendant or victim was not a factor involved in reaching their decision.
Assistant U.S. Attorneys Greg Fouratt and Linda
Mott and Department of Justice Attorney Michael Warbel
began selecting a jury in July with Duncan, lead attorney Michael Burt of San
Francisco and Ruidoso attorney Gary Mitchell. All of them were paid for by
the government. The jury, plus four alternates, was drawn from throughout the
state and included some from southern New Mexico, three from northern New
Mexico and others from the Albuquerque and Rio Rancho area. There were three
men and nine women. McCluskey, who is being held at the Torrance County
Detention Facility, is expected to remain there until he is formally
sentenced. No date has been set. Mitchell said the defense team understands
how tragic the event was for the victim’s family, and offered condolences to
them. Duncan said she believes the McCluskey verdict “is consistent with New
Mexico attitudes toward the death penalty. “We’re just a state that values
life, and the verdict shows that we continue to show our commitment to life,”
she said.
October 7, 2013 Albuqurque Journal News
A federal jury will
spend at least another month in court after finding John Charles McCluskey
committed crimes with which he was charged after escaping from an Arizona
prison, foremost among them the murders of an Oklahoma couple that could
bring the death penalty. McCluskey, who looks pale, gaunt and older than his
48 years – a far cry from the tall, beefy convict shown in photos at trial –
remained calm as the verdict was read. U.S. District Judge Judith Herrera
read the verdict out loud – guilty of a total of 20 counts – in a courtroom
packed with FBI agents, including the special agent in charge, other law
enforcement officials, news media and the family of the victims. The charges
stem from the Aug. 2, 2010, carjacking of Oklahoma couple Gary and Linda Haas
from a rest stop on Interstate 40 in New Mexico and their subsequent murders
in Guadalupe County. After he and his wife were kidnapped at gunpoint for the
truck and trailer that would allow McCluskey and his co-defendants to
continue on the lam, Gary Haas was forced to drive into a rural area north of
I-40 in Guadalupe County and pull over. The couple was ordered into the
camper/trailer, and both were shot. The trailer was subsequently torched,
with the bodies inside, using liquor the couple had brought for their annual
Colorado camping vacation. McCluskey and co-defendants Casslyn
Welch, his girlfriend and cousin, and Tracy Province, a fellow escapee from
the state contract prison in Kingman, Ariz., were charged with conspiracy to
commit carjacking, carjacking resulting in death, tampering with a witness,
conspiracy to interfere with commerce and gun-related charges. Gary Haas’
younger sister, Linda Rook, said after the verdict that it was “good news for
what we wanted” – the death penalty. “It’s still very emotional,” she said.
The family wrote prosecutors, including U.S. Attorney General Eric Holder, in
support of seeking the death penalty. The penalty is to be decided by the
jury in a separate phase of trial that has been projected to last even longer
than the first phase, which began Aug. 19. Rook, her mother, Vivian Haas, and
other family members have occupied the front row of the courtroom throughout
the trial. Since the murders of Gary and Linda, they have endured major
health issues, Oklahoma storms, and other deaths in the family. The jurors,
who were drawn from all over the state, deliberated for a day on Thursday,
took Friday off and resumed deliberations on Monday. By 3 p.m., they had
reached a verdict. On the first day of deliberations, jurors asked to again
see the video interview of Casslyn Welch with an
FBI agent in which she revels in the prison escape that she was instrumental
in planning and carrying out, and in which she refers to the victims as “Ma
and Pa Kettle” and “Okies.” The court refused and instructed them that they
had all the evidence. The upcoming penalty phase could begin next week.
During that phase, which is to be subdivided into two parts, prosecutors will
present aggravating factors under the federal death penalty statute, and the
defense will present mitigating factors weighing against it. Those factors
may include mental health evidence. Assistant U.S. Attorney Greg Fouratt reminded the judge that within 24 hours of
conviction on a death-eligible charge, the defense must file a document
saying whether attorneys plan to use mental health evidence during the
penalty phase. The defense already has given notice of its plans to use such
evidence, but could alter course. The defense team, led by Michael Burt of
San Francisco, gave notice in March of plans to use expert evidence relating
to a mental disease or defect. The notice said a forensic neuropsychologist
had conducted more than two dozen tests on McCluskey and was about to conduct
magnetic resonance imaging and other kinds of electronic imaging tests.
Province and Welch, who entered guilty pleas that avoided a potential death
penalty prosecution for them, and who and testified at McCluskey’s trial in
the guilt/innocence phase, may be recalled for the penalty phase. They face
up to life in prison, but neither has been sentenced. Welch and Province were
the star witnesses in the guilt/innocence phase of the trial, each testifying
for well over a day. Both were firm in insisting it was McCluskey who shot
the Haases, giving no warning of his plans before
shots rang out, despite a defense assault on their credibility. Members of
the Haas family also are expected to testify. “We actually have subpoenas,”
Linda Rook said
Aug 22, 2013 The
Washington Post
ALBUQUERQUE, N.M. —
The pile of ash and twisted metal looked like what was left of a travel
trailer, but a New Mexico sheriff testified Wednesday he had no idea when he
first saw the crime scene that the case was a homicide that investigators
would later link to two Arizona fugitives and their accomplice. “What was
really bad was within about a 100-foot radius of the burned out frame, the
trees were completely charred, even parts of the corrals,” Guadalupe County
Sheriff Michael Lucero told jurors. “It was a mess.” The sheriff was among
several law enforcement agents who took the stand in the capital murder trial
of John McCluskey, the last of three defendants to be tried on federal
carjacking and murder charges in the 2010 deaths of Gary and Linda Haas of
Tecumseh, Okla. The retired couple, on their way to an annual camping trip in
Colorado, had been targeted for their pickup truck and travel trailer after
they stopped at a rest area near the Texas-New Mexico state line on Aug. 2,
2010. Prosecutors say the couple was forced at gunpoint to drive west along
Interstate 40 before being ordered to pull onto a lonely two-lane road. They
were shot and then the trailer was taken to a remote ranch in eastern New
Mexico, where it was unhitched and burned. Prosecutor Greg Fouratt showed jurors photographs of everything from the
trailer to the dirt road that led to the ranch. He also played clips from
surveillance video taken from a convenience store near a highway exit that
showed the truck and trailer headed toward the ranch that afternoon. Less
than 40 minutes later, the video shows the truck heading back toward the
interstate with no trailer. A ranch hand testified he discovered the trailer
along with three small dogs. Two of the pets were rounded up and their tags
led the sheriff to the Haases’ daughter. Lucero
testified that he thought he was dealing with a kidnapping. The case changed
when James Butterfield, a criminal investigator with New Mexico State Police,
got closer to the wreckage. “When I arrived at the wheels of the trailer, I
started looking down straight in front of me. Through my training and
experience, I recognized a skull and a femur bone,” he testified. Other
agents testified about finding the Haases stolen
truck hours away in Albuquerque. It was unlocked, the keys were in one cup
holder and a bottle of brake fluid was in another. Prosecutors planned to
call more investigators to the stand Wednesday afternoon. McCluskey’s
accomplices — his cousin and fiance Casslyn Welch and fellow inmate Tracy Province — are
expected to testify next week. Both face life sentences after pleading guilty
last year to charges stemming from the Haases’
deaths.
August
6, 2013 chron.com
ALBUQUERQUE, N.M.
(AP) — Federal prosecutors expect to seat a jury this week in the case of an
Arizona inmate who escaped from prison and is accused of killing a retired
couple who was traveling through New Mexico. Jury selection is in its third
week for John McCluskey. He's the last defendant to face federal carjacking
and murder charges in the 2010 deaths of Gary and Linda Haas of Tecumseh,
Okla. The Haases were headed to Colorado for an
annual camping trip when they were targeted for their truck and travel
trailer. So far, prosecutors and defense attorneys have retained 57
prospective jurors for the panel. They are expected to whittle that pool to
the final 12 jurors Thursday. Opening statements are scheduled for Aug. 19.
Prosecutors have said the trial could last four months.
07/31/2013
connectamarillo.com
ALBUQUERQUE, N.M.
(AP) - Jury selection is in its second week for an Arizona inmate who escaped
from prison and is accused of killing a retired couple who was traveling
through New Mexico. John McCluskey is the last defendant to face federal
carjacking and murder charges in the deaths of Gary and Linda Haas of
Tecumseh, Okla. The Haases were headed to Colorado
for an annual camping trip when they were targeted for their truck and travel
trailer. Lawyers questioned 60 prospective jurors in the first week and
retained 25. Some were dismissed because of their firm views either for or
against the death penalty. Others had hardships that would prevent them from
serving in a trial that could last up to four months. Jury selection is
expected to wrap up by Aug. 9.
Jul
26, 2013 abqjournal.com
An Arizona prison escapee
accused of murdering a vacationing retired couple in 2010 in a crime that
shocked the state and sparked a nationwide manhunt appeared in an Albuquerque
courtroom Monday at the start of his federal capital trial. John Charles
McCluskey is charged with kidnapping Gary and Linda Haas of Tecumseh, Okla.,
and murdering them north of Santa Rosa on Aug. 2, 2010. The Haases were en route to a
Colorado vacation and had stopped in their pickup and camper at a rest area
outside Santa Rosa when they were carjacked, according to prosecutors.
Attorneys estimate the trial will take months from start to finish,
concluding just before Thanksgiving. Testifying will be McCluskey’s
girlfriend and cousin, Casslyn Mae Welch, and
fellow escapee Tracy Allen Province. Both Province and Welch, who helped the
two men in their escape, have entered guilty pleas. McCluskey has appeared at
previous hearings in the case shackled and wearing an orange jumpsuit, but at
trial Monday, he wore a dark suit and tie. By late afternoon Monday, there
were five potential jurors, and a long way to go. It will take a pool of 64
qualified, potential jurors from which to pick a jury of 12. Six alternates
are also to be selected before testimony begins in about a month. Prospective
jurors are called in groups of 12 each day for questioning, first as a group
by U.S. District Judge Judith Herrera and attorneys on topics like pre-trial
publicity, then individually in the courtroom to decide if the juror can be
fair to both sides. Each side has about 10 minutes to ask general questions
or to further probe the questionnaire of almost 100 questions the federal
court jury division sent to 1,800 possible jurors statewide six months ago.
That list was winnowed to some 300 after factors like vacations, age, disability
and the like eliminated those unable to spend months hearing the case. The
federal capital trial procedure requires a jury to make a finding of guilt in
the first trial phase. If that occurs, the penalty phase begins. The
prosecution presents aggravating factors that it believes weigh in favor of a
death sentence – prior convictions, for instance – and the jury must find
that those factors also have been proved. Then the defense presents
“mitigating” factors that weigh in favor of life in prison with no
possibility of release. Those may include mercy. A decision to impose the
death penalty must be unanimous. According to prosecutors, the Haases and their three dogs were carjacked and taken to a
remote ranch area near Colonias, and the couple was
shot. Their trailer was burned and McCluskey and two companions allegedly
stole the pickup and a gun, left the dogs behind and traveled to Albuquerque,
where they ditched the truck. Law enforcement officials found the pickup on
North Fourth Street and found fingerpints on the
plastic covering from a roll of paper towels. McCluskey and Welch traveled
east to Arkansas and back west to Arizona before they were arrested in a U.S.
Forest Service campground in eastern Arizona on Aug. 19, 2010, according to
court documents. Prosecutors Michael Warbel of the
U.S. Department of Justice and Assistant U.S. Attorneys Greg Fouratt and Linda Mott, and defense attorneys Michael
Burt of San Francisco, Theresa Duncan of Albuquerque and Gary Mitchell of
Ruidoso took turns asking questions as jury panelists, identified only by a
number so as to preserve their anonymity, were called out one by one. Among
those who could be selected for the final 12 are a woman from a deeply
Christian home in Texas who said she grew up seeing the world in only black
and white and being a staunch believer in the death penalty. But when a youth
whom she and her husband had befriended and considered a son robbed a store
and killed two people, she persuaded him to take a plea offer that guaranteed
life in prison rather than face the death penalty. Another retained juror
said he knew Fouratt casually through service in
the National Guard, and assured questioners he could meaningfully weigh
factors for and against the death penalty, which he generally favors
strongly. The process begins anew today, and is expected to continue for
another three weeks or so before the case is ready for opening statements and
testimony.
June
13, 2012 The New Mexican
The state Corrections Department could save millions by spending more on
community corrections programs and tweaking some private prison contracts,
the Legislative Finance Committee says. A recent evaluation of the
department, by the committee and the Pew Center on the States, uncovered
problems with contract management, parole planning and programs aimed at
keeping prisoners from returning. A recent committee newsletter said,
"The department could save $2 million a year by amending its contract
with the private company that runs the Hobbs prison, the review says. Even
though staffing level requirements were cut in March, the state is paying the
operator the same amount." The Hobbs prison is operated by the
Florida-based Geo Group, which also runs other prisons in Santa Rosa and
Clayton.
March
17, 2012 Albuquerque Journal
The companies that operate private prisons where New Mexico state inmates
serve their time have racked up nearly $1.6 million in penalties for
understaffing and other contract violations since the Martinez administration
started cracking down last year. Nearly all of that was attributable to
problems at The GEO Group Inc.’s prison in Hobbs, although the company’s
Clayton prison was recently added to the penalty list. The Corrections
Corporation of America, which operates the women’s prison in Grants, also has
been fined during the past couple of months, mostly for having inmates in the
prison after their release dates. Reversing the practice of the previous
administration, Republican Gov. Susana Martinez decided to pursue the
penalties the state is entitled to impose for contract violations. “In
today’s struggling economy, the people of New Mexico deserve to know the
Corrections Department is running in a fiscally responsible manner,”
Corrections Secretary Gregg Marcantel said this
week in a statement. The department recently revived its Office of Inspector
General to keep tabs on contract compliance. Such fines are discretionary,
and former Democratic Gov. Bill Richardson’s administration gave private
prisons a pass, irking lawmakers who estimated that upwards of $18 million
could have been collected. Richardson’s corrections chief, Joe Williams – who
claimed that estimate was inflated – said that prisons already were paying
substantial overtime costs, that understaffing was largely due to factors
beyond their control, and that the facilities were safe and secure. Williams
worked at Hobbs for GEO’s predecessor company before Richardson hired him,
and he returned to GEO’s corporate offices in Boca Raton, Fla., at the end of
Richardson’s tenure. After negotiations with the Martinez administration, GEO
in January paid a $1.1 million fine for violations at the Lea County
Correctional Facility in Hobbs for the period from January through October of
2011. GEO also agreed to put another $200,000 into recruitment over the
subsequent year. GEO continued to be penalized: $158,529 for November,
$139,621 for December, $78,710 for January and $84,753 for February,
according to documents provided by the department. The February assessment
isn’t final yet, because the company has until late this month to respond to
it. The fines largely were due to vacancies in the ranks of correctional
officers and in noncustodial positions such as teachers, counselors and
treatment providers. Corrections officials have said it’s difficult for the
men’s medium security lockup at Hobbs to recruit and keep corrections
officers because it’s competing with the oil industry. An assessment of
$2,570 for understaffing in January was proposed for GEO’s Northeastern New
Mexico Detention Facility in Clayton, but the problem had been corrected by
the time the department sent a letter to the prison on Feb. 10, and no
penalty was assessed. In early March, however, the department notified the
Clayton prison that it would be fined $5,373 for February, for vacancies in
mandatory posts and for two inmates imprisoned beyond their release date.
That penalty is pending. GEO did not respond to requests from the Journal for
comment. The Corrections Corporation of America, which operates the New
Mexico Women’s Correctional Facility in Grants, was fined $11,779 for
January, and $9,974 for February – still pending – for an academic instructor
vacancy and for inmates held beyond their release dates. Inspector General
Shannon McReynolds said that occurs when the required parole plans aren’t
developed in a timely way.
November
20, 2011 Albuquerque Journal
Joe Williams, who was the corrections secretary in the Richardson
administration, is back at work at the Florida-based private prison company
that he spared from paying millions of dollars in penalties for contract
violations. Williams is again employed by The GEO Group Inc., an
international firm he worked for before he was appointed by Gov. Bill
Richardson to head the New Mexico prison system. In New Mexico, GEO operates
prisons in Hobbs, Clayton and Santa Rosa that house inmates under contract
with the state Corrections Department. Williams came under scrutiny from New
Mexico legislators last year for his decision not to fine GEO and another
private prison operator for understaffing. A report by the Legislative
Finance Committee at the time said there were potentially millions of dollars
to be collected. The administration of Republican Gov. Susana Martinez, who
took office in January, has decided to collect some penalties for this year.
Corrections Secretary Gregg Marcantel said last
week that GEO has agreed to pay $1.1 million for understaffing at the Hobbs
prison during 2011 and to put another $200,000 into recruitment. The fine
will be deducted from what the state pays the company to run the private
prison. Williams headed the Corrections Department for eight years, through
2010, under Richardson. Before his appointment, he worked for GEO’s
predecessor, Wackenhut Corrections Corp., as warden of the Lea County Correctional
Facility in Hobbs. Wackenhut was renamed The GEO Group in 2003. GEO was a
contributor to Richardson. It reported giving $10,000 in 2004 to Moving
America Forward, a Richardson political committee. The company also pumped at
least $43,750 into Richardson’s 2006 gubernatorial re-election bid, according
to campaign finance data compiled by the National Institute on Money in State
Politics. And GEO officials and employees gave at least $10,750 in 2007 for
Richardson’s 2008 presidential campaign, according to data from the Center
for Responsive Politics. Richardson, a Democrat, has consistently maintained
that there was no connection between contributions to his political
committees and what happened in state government. Williams is working out of
GEO’s Boca Raton, Fla., headquarters, according to a listing of 2011
associate members of the Association of State Correctional Administrators. A
recent GEO publication identified him as the company’s director of operations
for U.S. corrections. A GEO spokesman last week refused to confirm Williams’
employment or title or provide other information. Pablo Paez
said in an email that the company’s policy is to not comment on employment
matters. Williams could not be reached for comment. Private prison contracts
include required staffing patterns and allow for penalties under certain
circumstances — for example, if more than 10 percent of correctional officer
positions remain vacant for more than 30 days. The Corrections Department
headed by Williams “has chosen not (to) enforce financial penalties for
staffing patterns at the private prisons, which is within the secretary’s
discretion per the contract,” the Legislative Finance Committee staff said in
a September 2010 memo. Based on limited monitoring information from the Corrections
Department — and assuming those vacancy trends existed for the previous four
budget years — the LFC staff estimated that about $18.6 million could have
been collected “if the department had chosen to enforce the contract.”
Williams defended his position in a letter to the interim Courts, Corrections
and Justice Committee two months later. He called the $18.6 million
calculation “highly inflated” and said it didn’t take into account the
substantial overtime and other costs paid by the prisons. He said Corrections
Corporation of America, which runs the women’s prison in Grants, could have
been subject to vacancy penalties of about $530,000 for the previous four
years but had paid $2.7 million in overtime during that period. GEO, he said,
could have been subject to $4.3 million in penalties for its three men’s
prisons over the four years, but it paid $3.6 million in overtime to cover
vacancies and another $1.5 million on uncompensated inmate transportation.
The Corrections Department “had no legitimate basis for collecting any
staffing penalties from GEO” during the four-year period, Williams wrote.
Williams also said that it was difficult to recruit employees in the rural
areas where the prisons are located and that the Hobbs facility additionally
“has to compete with the oil industry.” “Because the private prisons are
operating safely and securely, I have chosen to exercise my executive power,
as have all secretaries before me, not to penalize the private prisons for
staff vacancies caused by factors largely beyond their or anyone else’s
control,” Williams wrote in the November letter. Williams had solicited GEO’s
help with making his case a few months earlier, urging company officials in
an August letter to give him staffing data as well as information about how
much GEO paid in taxes and inmate transportation and how much it had
contributed to communities and schools. “This information could help me
defend my position” to lawmakers, Williams wrote. Sen. Cisco McSorley,
D-Albuquerque, an advisory member of the interim Courts, Corrections and
Justice Committee, said it was never clear to him why Williams didn’t impose
penalties. But he criticized the movement of employees, such as Williams,
from the private sector to the public sector, then back again, as a “built-in
conflict of interest” that should be stopped. “The people who go back and
forth come out really well, but the taxpayers are the ones who aren’t
well-served,” McSorley said. Marcantel said the
department plans to look at all vendors, including CCA, to ensure compliance
with contracts.
November
14, 2011 Santa Fe New Mexican
A Florida company will pay New Mexico $1.1 million in penalties for not
adequately staffing a private prison it operates in Hobbs, a state official
said. GEO Group, which manages three of New Mexico's four private prisons,
agreed to pay the settlement last week following a meeting between the
corrections agency and the company's top management, Corrections Secretary
Gregg Marcantel said Monday. "They've agreed
on it," Marcantel said of GEO. "It's a
very fair way of doing it. They are not completely happy. It needed to be
done." Officials at GEO could not be reached for comment Monday night.
GEO will pay the $1.1 million over several months, the corrections secretary said.
In addition, GEO has agreed to spend $200,000 over the next calendar year to
recruit new correctional officers for the Hobbs facility. By contract, New
Mexico can penalize The GEO Group and Corrections Corp. of America, the two
firms that operate the private facilities, when staffing vacancies are at 10
percent or more for 30 consecutive days. The settlement represents the first
time in years — possibly ever — that New Mexico has penalized the
out-of-state, for-profit companies for not adequately staffing the facilities
they operate. The issue has come up in the past, but state officials said New
Mexico had never levied penalties for understaffing issues. The question
surfaced in 2010 when state lawmakers were struggling to find ways to close a
yawning state budget gap. At the time, the Legislature's budget arm, the
Legislative Finance Committee, estimated Gov. Bill Richardson's
administration had skipped $18 million in penalties by not assessing
penalties against the two firms for inadequate prison staffing levels. The
$1.1 million covers understaffing by GEO at the Hobbs facility for only this
year and was reached after the state corrections agency and GEO spent most of
the summer disputing each other's methodology for computing how much GEO
should be penalized, state documents show. Marcantel
said he could not retroactively penalize the companies for previous years,
but could only go back to the first day of Gov. Susana Martinez's tenure,
Jan. 1. According to state records, of the four privately operated prisons,
Lea County Correctional Facility in Hobbs has struggled the most to keep
correctional officers on the job. The facility's vacancy rate hovered above
20 percent for 12 of the 14 months for which there was data — between January
2010 and March of this year. That includes seven consecutive months —
September 2010 through March 2011 — when the vacancy rate was 25.24 percent,
records showed. Going forward, the state will check monthly to ensure the
four privately operated prisons are adequately staffed, Marcantel
said. "Our new approach, it's not going to be waiting," Marcantel said. "That doesn't motivate" the
companies to keep staffing levels where they need to be, he added. GEO,
headquartered in Boca Raton, Fla., recently reported $1.2 billion in earnings
and $58.8 million in profit through the first nine months of this year,
according to a Nov. 2 release by the company.
April
25, 2011 The New Mexican
The two for-profit firms that run four of New Mexico's 10 prisons often
struggle to keep correctional officer jobs filled, state records show. One in
five such jobs at a Hobbs facility was vacant for much of the past 15 months,
while the prison in Santa Rosa reported a vacancy rate of around 12.5 percent
over the same period, according to the records. By contract, New Mexico can
penalize The GEO Group and Corrections Corporation of America, the two firms
that operate the facilities, when staffing vacancies are at 10 percent or
more for 30 consecutive days. It's a threshold that appears to have been
crossed multiple times at all four prisons since January 2010. The vacancy
rate at Hobbs topped the 10-percent threshold in each of the 14 months for
which data was available between January 2010 and March of this year.
Meanwhile, the 10-percent threshold was topped nine times over that period at
Santa Rosa and six times at a Clayton facility. Like the Hobbs facility, both
are run by GEO. A CCA-operated prison in Grants topped the 10 percent rate
four times over the same period. Whether to penalize the out-of-state, for-profit
firms is an issue that has come up before. The question surfaced last year
when state lawmakers were struggling to find ways to close a yawning state
budget gap. At the time, the Legislature's budget arm, the Legislative
Finance Committee, estimated Gov. Bill Richardson's administration had
skipped $18 million in penalties against the two firms. One powerful lawmaker
said Monday the issue is still important and the Legislature shouldn't lose
sight of it. "We'd like to follow up and perhaps do a performance group
review on the private prison operators to see whether they are making
excessive profits," Rep. Luciano "Lucky" Varela, D-Santa Fe,
said of the Legislative Finance Committee. Varela, the committee chairman,
said he can accept a reasonable return for the prison operators, but high
vacancy rates at prisons operated by the firms raise questions about how
state dollars are being spent to operate the facilities. Determining whether
the companies should be penalized for high vacancy rates is an involved
process, a Corrections Department spokesman said. GEO and CCA might have
asked corrections officers already on the job to work overtime to address the
staffing situation. If they did, the department "cannot in good faith
consider that position to be vacant," spokesman Shannon McReynolds wrote
in an email. But the state doesn't know whether that happened. That would
require going through shift rosters at each privately operated facility,
McReynolds said in a follow-up phone interview. "That will take a decision
from the administration," McReynolds said, referring to new Corrections
Secretary Lupe Martinez. "We do not have specifics on overtime. Every
once in awhile we'll hear a particular facility has
spent a lot on overtime." Because of sporadic record-keeping at the
facilities GEO and CCA operate, the state corrections agency couldn't verify
last year how often the two firms violated the vacancy-rate provision in
their contracts, if at all. As a result, the agency couldn't corroborate or
refute the Legislative Finance Committee's estimate of uncollected penalties.
Joe Williams, then-corrections secretary, decided not to pursue penalizing
the two companies, saying GEO and CCA were making a good-faith effort to keep
the facilities staffed. The contracts give the corrections secretary
discretion to waive the penalties. If Lupe Martinez, the new corrections
secretary, decides to collect penalties, it would be only for January 2011
and onward, McReynolds said. Gov. Susana Martinez took power in January and
soon afterward appointed Lupe Martinez, no relation, as her corrections
secretary. According to state records, of the four privately operated
prisons, Lea County Correctional Facility in Hobbs has struggled the most to
keep correctional officers on the job. The facility's vacancy rate hovered
above 20 percent for 12 of the 14 months for which there was data between
January 2010 and March of this year. That includes seven consecutive months —
September 2010 through March — when the vacancy rate was 25.24 percent, records
show. GEO-run Guadalupe County Correctional Facility in Santa Rosa reported a
16.93 percent vacancy rate last July, a high point. The vacancy rate has
hovered below 10 percent in five of the last seven months. Another GEO-run
facility, the Northeast New Mexico Correctional Facility in Clayton, showed a
similar trend, reporting vacancy rates higher than 10 percent for six of the
seven months for which data was available between January and August 2010.
Data for July 2010 was missing. As in Santa Rosa, the Clayton facility's
vacancy rate has dropped in recent months. The state's fourth privately
operated prison, CCA-run New Mexico Women's Correctional Facility in Grants,
reported a vacancy rate above 10 percent four times from January 2010 to July
2010, with a 16.47 percent vacancy rate reported in July. The state
corrections agency did not have data for August 2010 to March 2011.
September
21, 2010 New Mexico Independent
Corrections Secretary Joe Williams‘ prior employment
at one of two private prison operators he chose not to fine despite repeated
contract violations casts a cloud over his decision, a powerful state senator
says. For years Williams, who worked as a warden for GEO Group before joining
Gov. Bill Richardson’s cabinet, has not collected penalties against his old
employer and Corrections Corp. of America (CCA) despite increasing evidence
that both firms regularly violated a contract rule requiring certain staffing
levels at the four facilities they operate. Williams told The Independent in a
previous interview that his decision was based on the good job the two
companies had done operating prisons in Hobbs, Grants, Santa Rosa and
Clayton. He added that the firms’ contracts give him discretion to penalize
or not. But Sen. John Arthur Smith, D-Deming, chairman of the Senate Finance
Committee, told The Independent on Friday that Williams’ previous employment
with GEO casts suspicion over his decision and creates questions of
appearance. “It’s a real cloud on his career,” Smith said of Williams. “That
type of generosity will make certain that he is hired quickly.” Williams will
likely be out of a job when New Mexico’s new governor takes over in
January—cabinet secretaries are typically replaced when a state’s new chief
executive takes over. Williams acknowledged as much in a recent interview
with The Independent. “They fire guys like me,” Williams quipped. Asked
Friday to respond to Smith’s remarks, a spokeswoman for Williams instead sent
an e-mail saying: “Last week Secretary Williams explained his position to you
regarding this matter. He has not changed his position.” Potential penalties
never assessed -- State records suggest that GEO and CCA might have regularly
triggered staffing-level penalties. By contract, New Mexico can levy
penalties against GEO and CCA when staffing vacancies at their facilities
stay at 10 percent or more for 30-consecutive days. State records show that
staffing levels at three of the four facilities operated by GEO and CCA
hovered above 10 percent for much of the last fiscal year. At the fourth
facility, the vacancy rate was above the 10 percent trigger in six of the 13
months the state records covered. One estimate by the Legislature’s budget
arm, the Legislative Finance Committee (LFC), has put at $18 million the potential
penalties the state has not collected as a result of Williams’ decision. “If
the facilities’ operational quality is not hampered due to high vacancy
rates, then the department may be paying for staff that isn’t needed,” LFC
staff noted in a 14-page report. Inadequate record-keeping makes dollar
amount elusive -- But a spokeswoman for the New Mexico Corrections Department
said the agency can’t verify how much in potential penalties the state has
given up because of sporadic record-keeping at the four facilities the two
firms operate. “We do not have an estimate of how much in penalties could
have been assessed–because we do not have adequate records to demonstrate how
long some correctional officer positions remained vacant,” corrections
spokeswoman Tia Bland told The Independent. The corrections agency has a
bureau dedicated to making sure the private prison operators meet contractual
obligations, but the inadequate record keeping — and the agency’s inability
to account for such data — suggests that detailed tracking of staffing levels
was not an agency priority. The Legislative Finance Committee has directed
the agency to immediately start collecting such information, which it is
doing, Bland said. Meanwhile the corrections agency has ordered GEO and CCA to
provide past staffing data to get a sense of how often the 10 percent rule
was violated and how much in penalties the state forgave. Some of the data
has come in, Bland said in an e-mail. Williams’ ‘unilateral’ decision angers
state lawmakers -- Some state legislators are angered by the Corrections
Department’s inability to say how much the state never collected in potential
penalties, especially given the state’s dismal financial situation. Leaner
state agencies, cut in previous years, are again imposing cost-saving
measures because state revenues aren’t keeping pace with state spending.
Smith added to that refrain last week. “It’s real bothersome to me that we’re
scratching for money and he unilaterally makes this decision,” Smith said of
Williams. “That is spending taxpayer money recklessly. He is not looking out
for the best interest of New Mexico.”
September
15, 2010 New Mexico Independent
Over the past four years New Mexico has potentially given up more than $18
million in never-assessed penalties despite repeated contractual violations
by two private prison operators, a new legislative report says. By contract
New Mexico can levy penalties against GEO Group and Corrections Corp. of
America (CCA) when staffing vacancies at the facilities they manage in Hobbs,
Grants, Clayton and Santa Rosa stay at 10 percent or more for 30-consecutive
days. That penalty has been triggered regularly, state records show and the
new report by the Legislative Finance Committee (LFC) confirms. Staffing
levels at three of the four privately operated facilities hovered above 10
percent for much of last year, state records show. And at the fourth
facility, the vacancy rate was above the 10 percent trigger in six of the 13
months the state records covered. The LFC report, issued last week, reached
the $18 million figure after finding that the two firms had triggered $5
million in penalties last year because their facilities had higher vacancy
rates than allowed by contract. The LFC then assumed similar vacancy trends
at three of the facilities for the four years previous, and two years
previous at the fourth facility, which has only been open for two years. The
state’s corrections secretary, Joe Williams, has defended not collecting the
penalties, saying the state’s contracts with the two firms gave him
discretion to fine the two companies and he chose not to. Corrections agency
doesn’t track vacancies at private prisons . But the
11-page LFC report found that Williams’ agency never regularly tracked
vacancy rates at the four facilities, meaning it did not even know how much
the state was forgoing in money by not penalizing the two firms. “NMCD does
not regularly compile vacancy rates, contractor staff pay rates, contractor
vacancy savings or review potential penalty amount in its central office, but
should do so immediately,” the report said. The report also noted that the
state appeared to have been spending “large sums of contract funding on
vacant private prison staff positions.” Williams, who worked for GEO as a
warden prior to becoming the state’s corrections secretary, did not have a
response to the legislative report Monday other than a one-sentence
statement: “We will be reviewing the report and we will present our response
to the LFC.” While the potential penalties to the two firms amounted to more
than $18 million, the savings to the two firms by not fully staffing their
facilities was larger, the LFC report noted. The $18 million in potential
penalties equals the salaries the companies did not pay, the report said. Add
in benefits that also were never paid by the two firms, and the amount saved
is more than $22 million, the LFC report said. Representatives of both firms
could not reached for comment Monday. Williams has
subsequently asked GEO, which manages three of the four facilities, to
“perform this analysis and provide other information to ‘defend my position’
of not enforcing contract penalties,” the report noted. But the LFC report
said Williams and his agency should have performed this task all along “to
assist in decision making” about whether to penalize the companies or, if
not, provide a “rationale for why not to enforce agreed upon contractual
provisions.” Williams’ decision not to collect the penalties from the two
firms has put him on a collision course with state lawmakers, some of whom
are questioning the action. Williams acknowledged to The Independent two
weeks ago that he hadn’t penalized the two companies because, he said, they
were doing an outstanding job managing the four facilities. The issue of the
uncollected penalties comes at a time when state government is scrounging for
every dollar because of hard economic times. The building controversy also
threatens to stir up a long-simmering debate over New Mexico’s decision years
ago to pay private firms to operate several of its correctional facilities.
Critics have long vilified the agreements as a giveaway to private,
out-of-state companies while some state lawmakers have quietly wondered if
the companies are making out-sized profits.
September
10, 2010 New Mexico Independent
The state appears to have been within its rights last year to repeatedly
penalize two private prison operators for letting their vacancy rates hover
above a 10 percent trigger in their contracts, state records show. By
contract New Mexico can levy penalties against the two firms – GEO Group and
Corrections Corp. of America (CCA) — when staffing vacancies at the
facilities they manage in Hobbs, Grants, Clayton and Santa Rosa stay at 10
percent or more for 30-consecutive days. Staffing levels at three of the four
privately operated facilities hovered above 10 percent for much of last year,
state records show. As for the fourth facility, the vacancy rate was above
the 10 percent trigger in six of the 13 months the state records covered. Corrections
Secretary Joe Williams, who worked for GEO before Gov. Bill Richardson tapped
him as corrections secretary, told The Independent last week the state had
never penalized GEO or CCA despite vacancy rates repeatedly topping the 10
percent trigger. He had the discretion to decide whether to penalize the
firms or not, and he had decided against it, Williams said. The firms were
doing a good job of managing the prisons, he added. Some state lawmakers are
wondering why Williams never assessed the penalties. Some believe the
never-assessed penalties could amount to millions of dollars. State records
show that vacancies at GEO-operated Guadalupe County Correctional Facility in
Santa Rosa were above the 10 percent threshold in 11 of the13 months between
July 2009 to July 2010; 10 of the 13 months at the GEO-run Lea County
Correctional Facility in Hobbs; and nine of the 13 months at the CCA-operated
New Mexico Women’s Correctional Facility in Grants. The vacancy rate at the
GEO-run Northeast New Mexico Correctional Facility eclipsed the 10 percent
rate in six of the 13 months covered by the time period shown in the records,
state records show. The agency on Friday reiterated Williams’ discretion in
deciding whether to penalize the companies or not. “The contract clauses that
deal with vacancy rates gives sole discretion to NMCD so that they may
penalize the private prisons,” read an e-mail to The Independent after we had
sent questions related to the vacancy rates from July 2009 to July 2010. “The
penalties are not mandatory and are decided by the department,” the e-mail
continued. “Secretary Williams will be presenting the reasons to why he has
not penalized the vendors to the Legislative Finance Committee in an upcoming
hearing. The department welcomes you to attend the committee hearing.”
September
7, 2010 New Mexico Independent
Think Progress, the blog of the left-leaning Center for American Progress
Action Fund, has picked up on NMI’s story about New Mexico Corrections
Secretary Joe Williams not penalizing two private prison operators despite
repeated contract obligations. But Think Progress added a bit of information
we forgot to mention: that Williams worked for GEO, one of the two firms that
wasn’t penalized, prior to becoming the state’s corrections secretary.
Williams has not been secret about the affiliation. He talks freely on the
corrections department’s website about the years he spent with GEO as warden
of the Lea County Correctional Facility, which the firm operates, before Gov.
Bill Richardson tapped him as corrections secretary. Here’s an excerpt from
Williams biography on the agency’s website. In 1999, four years before
becoming secretary of corrections, Joe accepted one of the more difficult
challenges of his career. The Geo Group, Inc. (formerly known as Wackenhut)
hired Joe as the warden for the Lea County Correctional Facility, and charged
him with turning around the troubled prison in Hobbs, New Mexico. The
facility eventually became a flagship prison. Agreeing to serve as its warden
proved to be the right move, both professionally and personally. In fact, Joe
liked the city of Hobbs so much, he named his beloved basset hound Sir Hobbs.
The question now is whether Williams’ affiliation will be an issue among
state lawmakers who are wondering why the corrections secretary decided
against penalizing the two private prison operators — GEO and Corrections
Corp. of America — possibly costing the state millions of dollars.
September
2, 2010 New Mexico Independent
The New Mexico Corrections Department has not collected penalties from two
private prison operators despite repeated contract violations, costing the
state potentially millions of dollars in uncollected fines, state officials
have told The Independent. That has put New Mexico Corrections Secretary Joe
Williams on a collision course with state lawmakers, some of whom are
questioning Williams’ decision not to collect penalties from GEO Group and
Corrections Corporation of America (CCA). The companies have repeatedly
violated a contractual obligation to keep certain staffing levels at the
prisons they operate. The two for-profit businesses operate four correctional
facilities for the state in Hobbs, Grants, Clayton and Santa Rosa. Williams
sees no problems due to vacancy rate -- Williams acknowledged that the
vacancy rates at the prisons GEO and CCA operate often are higher than their
contracts allow, but he decided against punishing the firms because the
prisons they manage “are outstanding,” he said. “They are not having escapes;
there are no substantial problems. If there were a problem I would be down
there penalizing them,” he said. GEO and CCA operate four of the state’s
prisons, while the state of New Mexico operates the remaining six prison
facilities. It is also unclear where the disagreement is headed, and what
action, if any, state lawmakers might take during this upcoming 2011
legislative session. In addition to the quality of the privately operated
prison, Williams said he rejected fining the companies because most of the
prisons they operate are in rural areas or small towns, where recruiting and
retaining correctional officers and other staff is difficult. Working as a
correctional officer is not for everyone and it’s best to only recruit
top-notch people, Williams added. “I would rather run a prison with 10
quality correctional officers than a bunch of bad apples introducing
contraband,” Williams said. “I would rather they be in a penalty phase than
they have to meet a contractual obligation.” “The contract does not say I
shall do it. The contract says I can do it,” Williams told The Independent on
Wednesday, explaining why he never penalized the two firms for the contract
violations. State lawmakers want to know dollar amounts -- So far, there is
no agreed-upon amount on how much money New Mexico has given up in
uncollected penalties from GEO and CCA. Asked if his agency had an estimate,
Williams said, “We don’t know. That is what we are trying to investigate
right now. I’m sure you’ll have an LFC number, a private prison number and
our number.” The situation has irked some state lawmakers who predict the
situation over the uncollected penalties is finally coming to a head,
especially with New Mexico facing economic difficulties. Sen. Cisco McSorley,
D-Albuquerque, wondered aloud Wednesday “how much money New Mexico taxpayers
had lost” due to Williams’ decision. Sen. Peter Wirth, D-Santa Fe, meanwhile,
said a report from the Legislature’s budget arm, the Legislative Finance
Committee (LFC), due out soon would place an estimated dollar amount of the
never-assessed penalties. “I think we need to see the magnitude of the
payments that haven’t been made,” Wirth said. “If we are talking about
millions of dollars, then absolutely I am concerned about it fiscally and
policy-wise. I can assure you that the private operators wouldn’t stand idly
by if the state wasn’t meeting its contractual obligations.” Wirth added that
public safety is a concern because staffing shortages mean fewer correctional
officers to guard inmates. Representatives of GEO and CCA could not be
reached Wednesday. Staffing shortages trigger penalties -- The issue of the
uncollected penalties comes at a time when state government is scrounging for
every dollar because of hard economic times. The building controversy also
threatens to stir up a long-simmering debate over New Mexico’s decision years
ago to pay private firms to operate several of its correctional facilities.
Critics have long vilified the agreements as a giveaway to private,
out-of-state companies while some state lawmakers have quietly wondered if
the companies are making out-sized profits. Williams defended GEO and CCA on
Wednesday, saying they deserved to make a profit since they’re for-profit
businesses. He also questioned the wisdom of trying “to balance the corrections
budget through penalties.” The corrections department has suffered $10
million in budget cuts over the past two years. Williams acknowledged that
over the years GEO and CCA each could have faced repeated penalties as called
for in their contracts. The penalties are triggered when staffing vacancies
reach 10 percent or more for 30-consecutive days at the prisons GEO and CCA
operate in Hobbs, Grants, Clayton and Santa Rosa, according to the rules.
High vacancy rates at the state’s privately operated prisons are nothing new.
As far back as 2007, state lawmakers were fuming over an LFC report (page 24)
that reported a 37 percent vacancy rate for correctional officers at
GEO-operated Lea County Correctional Facility in Hobbs. According to agency
figures, during July of this year, correctional officer vacancy rates at all
four of the GEO and CCA managed facilities were higher than the 10 percent
allowed by contract. Of those, the Lea County facility had the largest
vacancy rate, at 22 percent. The other privately operated facilities
registered vacancy rates of 17 percent, 14 percent and 13 percent, according
to the agency. A corrections agency spokeswoman said Wednesday it would take
days to get monthly vacancy rates for each of the privately operated prisons over
the past year. Private prisons may be paying extra overtime to compensate --
Williams also speculated that GEO and CCA were addressing the high vacancy
rates at their facilities by giving a lot of overtime to existing employees,
as has occurred at the six state-operated prison facilities. From July 1,
2009 through June 30, 2010, correctional officers at the six state-operated
prison facilities took home $7.2 million in overtime, according to the
agency. It’s unclear how much overtime corrections officers at the four
facilities operated by GEO and CCA earned during the same period. Williams
knows his decision to not assess and collect the penalties had put him on the
hot seat with state lawmakers. He fully expects to hear from legislators in
coming weeks. Asked if he were scheduled to speak before any legislative
committees, Williams replied, “I’m not scheduled to, but I expect to get the
phone call.”
December
17, 2009 The Skanner News
In the wake of a required 60-day background investigation by local officials,
the racial discrimination tort claim by three law enforcement employees
against Clark County Corrections has expanded into a full-on lawsuit seeking
millions in damages. The lawsuit, detailing more than a dozen instances of
racist harassment that allegedly took place throughout the past 20 years, has
been brought against the county by former Clark County Sheriffs
Department Commander Clifford B. Evelyn, 58; former corrections officer Britt
Easterly, 39, now with the U.S. Secret Service in Washington D.C.; and Elzy P. Edwards, 46, an unsuccessful applicant for Clark
County Corrections who is now working with the Washington Department of
Corrections. Evelyn is seeking $1 million, while Easterly and Edwards are
asking $500,000 each in damages. A 20-year veteran of the corrections
department who had recently been honored for his efforts to promote diversity
in its ranks, Evelyn was fired in June after an Internal Affairs
investigation found he had violated general orders regarding “harassment,”
“courtesy” and “competency.” In the joint lawsuit against Clark County,
Edwards, who unsuccessfully applied for a job at Clark County Corrections,
alleges that the hiring process was unfair; Easterly, as well as Evelyn,
allege they were subjected to a long-standing atmosphere of racist incidents
and comments. Evelyn also alleges unfair treatment at the hands of Clark
County Corrections Chief Jail Deputy Sheriff Jackie Batties,
as well as management and staff of Wexford Health Solutions, the company
contracted to provide health care services at the jail. Documents obtained by
The Skanner News show that a former Wexford
employee, who has since been convicted of stealing cash from a co-worker’s
purse, filed a complaint against Evelyn this year that kicked off a chain of
events resulting in his firing. Evelyn had for the past two years reported on
Wexford Health Sources’ failure to meet the terms of their operations
contract, including submitting a detailed report in writing delivered to his
supervisors at Clark County more than a year before the county’s own
performance audit confirmed his allegations. Elsewhere around the nation, in
July of this year million-dollar lawsuits were filed against Wexford
corporation and New Mexico state corrections officials by incarcerated men
and women alleging similar problems – even deaths -- at Wexford-managed
health programs in the state’s prison system. Also in New Mexico, a Black
dentist won a racial discrimination case against Wexford in November of 2008
when the company was found guilty by a federal jury of paying him a smaller
wage on the basis of his race. Clark County contracted with
Pennsylvania-based Wexford Health Solutions in 2006 after problems cropped up
with their former jailhouse health care provider, Prison Health Services. Clark
County officials signed a three-year, $9 million contract with Wexford set to
expire in 2010. Its May, 2009 report, prepared by the Institute for Law and
Policy Planning, was intended as a performance audit. Several documents
obtained by The Skanner News show that reports
Evelyn had filed with superiors in 2008 about Wexford’s failure to meet the
demands of its contract were validated by Clark County’s performance audit.
In a series of memos to his superiors dated before the release of Clark
County’s own report on Wexford’s performance this past June, Evelyn had
outlined specific examples of the corporation’s failure to follow the terms
of its contract with Clark County, from lack of a written operations manual
to untrained staff, lack of medical supplies onsite and a tendency to “short”
the jails’ medical services that forced Clark County to pay out more in
resources to cover the gaps. The chief finding of Clark County’s own
investigation into Wexford was that “the company has systematically failed to
comply with the many complex undertakings included in its contract with the
county.” Evelyn, Easterly and Edwards were unavailable for comment at press
time. Clark County officials are declining media requests while the legal
case is pending.
October
28, 2009 The New Mexican
The state of New Mexico would have to shutter two prisons, give early
releases to up to 660 prisoners and lay off and furlough Corrections
Department employees if Gov. Bill Richardson signs budget cuts approved by
the Legislature, his office said Wednesday. Richardson's office raised that
grim possibility as his staff analyzes the impact of $253 million in spending
cuts legislators passed during a special session last week to deal with a
revenue shortfall. His administration on Monday had said other cuts approved
by the Legislature could mean the state Human Services Department would
reduce children's health care, nutrition programs for seniors and programs
for the developmentally disabled, if he were to sign the measures. But
lawmakers say they won't be blamed for decisions that are now up to
Richardson. "He wants it to seem like we're making the decisions,"
said House Minority Whip Keith Gardner, R-Roswell. "But he's making the
calls where he wants to cut. He's making that decision." The Corrections
Department said that in order to meet $21 million in budget cuts, it would
have to close the Roswell Correctional Center in Hagerman and the New Mexico
Women's Correctional Facility in Grants. About 270 inmates are incarcerated
at the state-operated Roswell facility, while about 590 are housed in the
Grants facility, which is operated by the Corrections Corporation of America.
The state would have to cancel its contract with the company.
July
17, 2009 New Mexico Independent
A new lawsuit filed in federal court this week accuses a former corrections
department contractor of medial malpractice in its
care for the state’s prisoners, the Albuquerque Journal reports today. The
lawsuit names Wexford Health Sources Inc., Corrections Secretary Joe Williams,
medical professionals and others on behalf of a former Penitentiary of New
Mexico inmate named Martin Valenzuela, 52, who now lives in Texas, the paper
reports. According to the complaint, Valenzuela was serving an eight-year
prison sentence at the Santa Fe prison in 2006 when he developed a urinary
tract problem that led to an emergency hospital admission. The complaint
describes lack of medical attention leading up to a January 2007 surgery,
lack of a policy for follow-up care and the subsequent loss of medical
records by the prison and the hospitals, according to the paper. This is not
the only lawsuit against Wexford that alleges improper care. Others have been
filed previously. Here’s an excerpt of the Journal story: Wexford is also
defending against a lawsuit filed by an inmate who claimed he was essentially
lost in the system for purposes of chemotherapy he needed to treat colon
cancer, although he was housed within a few hundred feet of the Los Lunas
prison hospital. Michael Crespin’s medical malpractice lawsuit was filed in
2008, but he died before his attorneys could persuade a court to order a
videotaped deposition in the case. The lawsuit, now being pursued by a
personal representative on behalf of Crespin’s estate, has been mired in a
fight over what documents must be produced by Wexford. Lawyers for the estate
are demanding documents related to financial contributions, gifts, meals,
entertainment by Wexford company officers between 2001 and 2008 to Gov. Bill
Richardson, Lt. Gov. Diane Denish or any of the
political action committees that might have supported them, including Si Se Puede PAC and Moving America Forward PAC. The Journal
story goes on to list still other lawsuits that allege improper medical care,
including one in which four women allege sexual assaults, batteries and rapes
by former Correctional Medical Services employee. Another has been filed by
the family of a federal detainee who died while awaiting a deportation
hearing in southeastern New Mexico is alleging medical negligence. Wexford
Health Sources was cited often for problems when it held the contract to
provide health care in New Mexico’s prisons. It eventually lost the contract.
A May 2007 audit by the Legislative Finance Committee found gaping holes in
the delivery of care provided by Wexford, including too few physicians,
dentists and optometrists on staff, according to two prison health experts
that visited five facilities in February and March of that year. Wexford also
failed to issue timely reports on 14 inmates who died at correctional
facilities in 2006, the audit found. The Santa Fe Reporter, meanwhile, did
extensive reporting on the health care delivered in New Mexico’s prisons and
first uncovered the lapses.
July
12, 2008 Santa Fe New Mexican
When the doors swing open on the Northeast New Mexico Correctional Facility
next month, inmates will file in, new employees will start collecting
paychecks and a tiny corner of the state will become its own small economic
engine. The opening marks another milestone as well. Once Clayton is online,
the number of inmates living in the state's privately run prisons will almost
match the number living in state-run slammers. To be exact: 46.5 percent of
male inmates will be in prisons run by private companies. The other 53.5 percent
will be in state-run prisons. One hundred percent of female inmates will be
in private facilities. If the number of criminals behind private bars seems
big, it is: New Mexico has the highest rate of private prison use in the
nation, according to the U.S. Department of Justice. Indeed, the prison near
the Rabbit Ear Mountains in Clayton, just shy of the border with Oklahoma and
Texas in northeastern New Mexico, caps a major shift in state policy over the
past three decades of housing an increasing number of criminals in privately
run prisons. Since 1980, the year a deadly prison riot made awful headlines
for the state, the number of inmates has increased 440 percent. Including
Clayton, the number of prisons has gone from one to 11, a figure that doesn't
include Camino Nuevo, a privately operated prison that has opened and closed
since then. And questions about whether privatizing was the best choice have
mounted. As the state's inmate population grew, so did lawmakers' interest in
private prisons, seen by proponents as a way to save money and outsource some
of the state's toughest jobs. Ten years ago, the state had only two privately
run prisons — the New Mexico Women's Correctional Facility in Grants, open
since 1989, and the Hobbs prison, which opened in 1998. Now, when Clayton
opens, it will have five, spread out around the state. The change in
inmate-management policy didn't happen overnight, and hasn't happened without
controversy. It also couldn't have happened without two New Mexico governors,
most notably former Gov. Gary Johnson, who kicked off the privatization push,
and Gov. Bill Richardson, who has kept the trend alive. It was under
Johnson's watch that the 1,200-bed lockup in Hobbs opened in 1998. A year
later came the 600-bed Santa Rosa prison. Both are run by The GEO Group,
formerly Wackenhut. Those weren't good times; both facilities suffered deadly
confrontations. Three inmates were killed in Hobbs and a prison guard was
murdered in a riot in Santa Rosa in less than a year. Before that, an inmate
in Santa Rosa died after he was beaten with a laundry bag full of rocks. New
Mexico hadn't seen so much prison violence since the 1980 riot at the state
penitentiary, where 33 people died. No new state prisons? When Richardson ran
for office in 2002, he pledged there would be no new state prisons built on
his watch. "The governor said he would not build new state prisons, and
he has not done so," spokesman Gilbert Gallegos said in a statement to
The New Mexican. "All of the capital money that would have been used for
new state prisons has instead been invested in new schools, modernizing
highways and updating infrastructure in communities across the state."
Still, since he's been governor, 240 beds have been added to the Guadalupe
County Correctional Facility near Santa Rosa, run by The GEO Group. The
Camino Nuevo Correctional Center in Albuquerque, operated by the Corrections
Corporation of America, opened in 2006. In 2007 came the 234-bed,
minimum-security Springer Correctional Center, which is run by the state. And
then came Clayton. The town of Clayton is paying to build the facility, which
will house 625 inmates, nearly all of them state prisoners. The town is using
$63 million in revenue bonds to finance the project. Clayton officials have
welcomed the prison — and its jobs — as a major source of economic activity
in the outpost of about 2,500. Critics, however, say the lockup is
essentially a state prison. "I guess it's a debate in semantics, but
it's holding state prisoners," said Sen. John Arthur Smith, a Deming
Democrat and chairman of the Senate Finance Committee. "I guess the
governor gets a certain amount of satisfaction in saying the state didn't
build it, but from a functional point of view, the state might as well have
built it," he said. Gallegos said that's not the case. "Of course
it's not a state prison. The town of Clayton and GEO can house county or
federal inmates," he said. "Beds were available for medium-security
inmates, and the Corrections Department chose to take advantage of the new
facility for some of its inmates." Of the 625 beds, 600 will be used for
state prisoners. Others suggest Richardson chose to support the Clayton
project to curry favor in the heavily Republican Union County. "We could
have added a wing or pods to other facilities that could have been
expanded," said Senate Minority Whip Leonard Lee Rawson, R-Las Cruces.
Adding on to places such as Santa Rosa or Hobbs would have been cheaper and
quicker than building a new prison, he added. "But the governor decided
he wanted to build in Clayton for political purposes. We can say it's good
economic development, but I don't think it was the best choice for the
public," he said. The Governor's Office denied that, saying Richardson
"already had great relationships with Democrats and Republicans in
Clayton." And, Corrections Department Secretary Joe Williams said,
building the Clayton prison was "absolutely the right decision."
"When we signed those agreements, we were operating at well over 100
percent capacity," he said. "We were busting at the seams when we
did that." In the past two years, however, the state's prison population
has dropped 6.6 percent, a recent report found. Williams said even though
population projections are now much lower than they were when talk of Clayton
first surfaced, the state still needs the facility, particularly because it
will provide beds for medium-custody, or level 3, inmates. "That's where
we need the bed space, and that's what Clayton will provide us," he
said. Inmates from a variety of facilities will be moved to Clayton, which is
expected to be full within 60 days of opening. Questions about Clayton -- As
it gets ready to open, there are other questions about the cost of building
the new prison. A review done for the Legislative Finance Committee in 2007
found that the prison's actual cost will be much higher than the construction
costs, which at the time of the report were estimated to be $61 million. Over
twenty years, the state will pay $132 million in construction and finance
charges, but will not own the building, according to the report. As part of
the $95.33 per diem the state will pay to house inmates in the new prison,
$27.81 will go to pay construction costs. The high cost of building private
prisons has left some lawmakers concerned about whether the state can afford
to keep so many inmates there. Williams said a big part of the reason the
building cost was so high was because construction costs have gone way up.
"You look at the cost of a gallon of gas and then you look at the cost of
a new prison bed, and everything is going to have its increases and it is
inflationary," he said. Williams also pointed out that the cost of labor
has gone up since prisons were built 10 years ago in Hobbs and Santa Rosa.
Other lawmakers have a philosophical opposition to the opening of the Clayton
prison, and to private prisons in general, saying it's the job of the
government, not corporations, to house prisoners. "I don't believe it's
the right way, I don't think they should be for profit," said Senate
Majority Leader Michael Sanchez, D-Belen. Sanchez said prisons are the
state's responsibility. "Hopefully Clayton will be the last one,"
he said. An inmate drought? It's unclear, however, when the state will need
another new prison. The state was expected to run out of bed space in August
of 2011 for males and in March of 2012 for females, but that's no longer the
case. The most recent projections show the state is expected to run out of
space in 2017 for men and in 2015 for women. The department warns, however,
that those projections are subject to change. "Our projections totally
changed from last year to this year where we were on a spike up, and now
we're growing but at a much smaller pace," Williams said. While it has
dropped off recently, the population is expected to grow by about 1.4 percent
in the coming years. "We're in a great state as far as corrections go
for the first time in many, many years, I think," he said. "I think
we're in a position a lot of states wish they were. We have room and capacity
to grow." So why is the prison population — long on the increase — now
decreasing? A recent report by the New Mexico Sentencing Commission shows the
state's prison population has dropped for several reasons. The study,
released last week, said one reason is a Corrections Department policy that
is increasingly imposing sanctions other than prison for technical parole
violations such as missing a counseling session. The study also said a 2006
state law that allows the department to let nonviolent inmates earn time off
during the first 60 days of their stay is leading to some inmates getting out
of prison sooner. Previously, inmates had to wait to start earning time. It
also said felony drug courts were playing a role. The state now has 31, and
the report says that although the courts are not a diversion option for
prison, they may indirectly keep offenders from being rearrested and going to
prison. The courts provide treatment, mandatory drug testing and judicial
oversight, among other things. But if the projections are now lower than they
have been, that might be a good thing for the Corrections Department. When it
did its report, the LFC found the department wasn't ready for projected
growth. "The department lacks active long-term planning to accommodate inmate
growth, leading to a disjointed approach to acquiring bed space that proves
costly," according to the report. The committee asked the department to
put together a 10-year plan, which it has. But, Williams said, the plan was
outdated almost as soon as it was written. "I didn't like 10-year plans
because things are ever-changing in the department, projections,
forecasts," he said. "It's hard enough to predict year to year or
two years." Williams also pointed out that there are advantages to
having some space available in the state's prisons. The state now has enough
room — and the cash — to refurbish some cells at the state penitentiary and
Western New Mexico Correctional Facility, work that has been a long time
coming, he said. In addition, Williams said the state is considering
implementing recent recommendations of a prison reform task force appointed
by Richardson. "The plan is hopefully this prison reform might change
the way we do business forever," he said. "If we are diverting people
into drug courts and mental health courts and our re-entry initiatives are
successful, it could be a while before we see a new prison."
May
24, 2007 The New Mexican
New Mexico pays significantly more than nearby states to house inmates in
private prisons, according to a report presented Wednesday to state
lawmakers. The 100-page audit by a Legislative Finance Committee review team
says New Mexico's private-prison spending rose 57 percent in the past six
years, while the inmate population increased only 21 percent. "Business
decisions across two administrations may result in New Mexico paying an
estimated $34 million more than it should pay for private prison construction
costs," the report says. But Corrections Secretary Joe Williams defended
the private prisons, saying the higher operating costs are justified. The
major private prison operator in the state is The GEO Group, which operates
facilities in Hobbs and Santa Rosa and will operate a prison being built in
Clayton. GEO, formerly known as Wackenhut, was brought in to manage private
prisons by former Gov. Gary Johnson and has been embraced by Gov. Bill
Richardson. New Mexico pays nearly $69 a day per inmate at the private prison
in Hobbs and more than $70 at the prison in Santa Rosa. In Texas, the cost is
$34.66 a day. Colorado pays $50.28 a day for inmates at private prisons. In
Oklahoma, the rate is $41.23. Other states listed in the study include Idaho,
$42.30, and Montana, $54.58. The LFC recommends New Mexico restructure its
contracts with GEO for the existing facilities.
May
23, 2007 KOAT TV
Target 7 has uncovered a state report that said New Mexico's Corrections
Department costs taxpayers millions more than it should. The investigation
began more than a year ago, Action 7 News reported. Target 7 looked into the
relationship between the state corrections department and the GEO Group, a
private company that runs two state prisons with another one in the works.
The lease to run a third prison is a central part of an audit released on
Wednesday, that said while New Mexico's prisons are doing better than in the
past, the state is paying too much for what it gets. The audit also found the
corrections department is overpaying for private prison costs and for health
care. But the state is in the process of negotiating with a new company for
prison health care. The audit highlights the state's lease agreement to put
inmates in a new prison in Clayton, N.M. The state's lease with GEO Group
pays not just for prisoners but also for the cost to build the prison. The
audit said the department would pay $132 million, nearly twice the cost of
construction. That's because the deal was done last fall, just weeks before
New Mexicans voted to let the state lease with an option to buy. The lease is
just a small part of the audit, but it's a sign the legislature may be
keeping a closer eye on the business of New Mexico's prisons. Secretary Joe
Williams takes issue with the report, but he said there are positive
suggestions in it. The department plans to sit down with some of the private companies
running half of New Mexico's prisons to talk about restructuring lease
agreements.
February
7, 2007 The Santa Fe Reporter
At the behest of the Legislative Finance Committee (LFC), two correctional
health experts have launched an extensive audit of the medical care in New
Mexico’s state prisons. SFR has learned that Dr. Steve Spencer and Dr. B Jaye
Anno were hired late last month by the LFC to evaluate the level of medicine
provided to state inmates. Their work is part of a larger audit the Legislature
is conducting of the New Mexico Corrections Department (NMCD), slated for
conclusion this spring. “We needed medical expertise in our audit, because up
until now we haven’t had any,” Manu Patel, the LFC’s deputy director for
audits, says. “This way, it’s not just us second-guessing the Corrections
Department. We can actually get a sense of what’s working and what isn’t.”
Patel says the contract with Spencer and Anno is worth approximately $21,000.
The health care component to the Corrections audit follows a six-month
investigation by SFR into Wexford Health Sources, the private company that
administers medical care to state inmates [Cover story, Aug. 9, 2006: “Hard
Cell?”]. The investigation led to a request for the audit by the state
Legislature’s Courts, Corrections and Justice Committee last October
[Outtakes, Oct. 25, 2006: “Medical Test”]. SFR’s series also compelled Gov.
Bill Richardson to terminate the state’s contract with Wexford in December, a
process that will likely take until June, when the prison medical contract is
up for renewal [Outtakes, Dec. 13, 2006: “Wexford Under Fire”]. Regardless of
Wexford’s fate, the LFC is pressing ahead with the audit. “We are looking at
this serving a long-term benefit to the Corrections Department, so that we
can all better evaluate the medical program in the prisons and its services,”
Patel says. Spencer, a former medical director of NMCD, and Anno, who
co-founded the National Commission on Correctional Health Care, started work
on Feb. 5, when they traveled to Lea County Correctional Facility in Hobbs.
“We’re going to look at a number of things when we travel to the sights,”
Spencer says. “We’ll look at the adequacy of staffing, the appropriateness of
care, the timeliness and use of off-site specialists. We’ll review inmate
deaths and whether Corrections is adequately monitoring the contractor.”
Moreover, the medical audit will involve a review of the contract between
Wexford and the Corrections Department, as well as sifting through
tuberculosis, HIV and other medical testing data. Various medical personnel
will also be interviewed throughout the process, Spencer says. Inadequate
tuberculosis testing, chronic staffing shortages and a systemic failure to
send inmates off-site have been among the concerns raised to SFR by former
and current Wexford employees [Outtakes, Oct. 18, 2006: “Corrections
Concerns”]. In an e-mail, Wexford Vice President Elaine Gedman
said, in part, that Wexford plans to cooperate with the audit and is
confident its outcome will be positive. She also said Wexford is cooperating
with NMCD for a smooth transition. NMCD spokeswoman Tia Bland tells SFR that
Corrections is still working on a request for proposal, set to go out in
March, that will kick off the agency’s search for a new medical provider.
“We’re providing [the auditors] with whatever they need, and whatever the
results are, we’ll use that information to our advantage in working with the
next vendor,” Bland says. Bland reiterates NMCD’s contention that Wexford
violated the terms of its contract with the state because of staffing
problems. She says Corrections is still analyzing whether Wexford broke other
contractual stipulations. During the mid-1990s, Spencer and Anno were hired
by the Wyoming Department of Corrections to conduct medical audits of its
prisons. Wexford, which administered health care for the Wyoming DOC,
eventually became embroiled in a US Justice Department investigation
regarding prison health care in that state and lost its contract. Recalls
Anno: “There were a number of problems with Wexford’s operation in Wyoming.”
January
10, 2007 Santa Fe Reporter
For Elizabeth Ocean, the poor medical and psychological care at Southern New
Mexico Correctional Facility (SNMCF) in Las Cruces had become too much to
bear. After three years working as a mental health counselor there, she quit
her job last March. Ocean tells SFR that inmates reported waiting weeks, even
months, for medical and dental appointments and to receive prescription
medications. “The guys came to me constantly about the medical care,” Ocean
says. “They were going and putting in requests and waiting so long to be
seen. A lot of times, they were being told there was nothing wrong with
them.” Wexford Health Sources, a private, Pennsylvania-based company, has
handled health care in New Mexico’s state prisons since July 2004. On the
heels of a six-month SFR investigative series on Wexford, in which many
former and current Wexford employees came forward, Gov. Bill Richardson told
the New Mexico Corrections Department (NMCD) on Dec. 8 to replace Wexford
[Outtakes, Dec. 13: “Wexford Under Fire”]. NMCD spokeswoman Tia Bland says
NMCD is moving ahead with the termination process and that a request for
proposals will be crafted by March. Bland says NMCD has identified at least
one area—staffing shortages—in which Wexford violated the terms of its state
contract. Wexford Vice President Elaine Gedman did
not return phone or e-mail messages. Ocean says the problems in the facility
where she worked were systemic. Earlier this year, she says she wrote letters
to the US Justice Department and the governor’s office, alerting them to the
health care deficiencies. She also wrote of four fellow mental health
counselors whom Ocean alleges were operating without state licenses; Ocean also
filed a complaint last January with the New Mexico Counseling and Therapy
Practice Board. On May 17, Erma Sedillo, NMCD’s deputy secretary of
operations, wrote Ocean on behalf of the governor’s office to inform her that
NMCD was working to obtain the counselors’ temporary licenses. Sedillo did
not return a phone message, but spokeswoman Bland confirms a past “licensure
issue” at NMCD because the department was unaware of a recent change in
existing state regulations that now require mental health professionals
working in prisons to obtain a full state counseling license. “When we
discovered the change, we got all of our counselors to obtain full licenses,”
Bland says. As for Ocean, she is out of the prisons, but still connected.
Ocean is married to an inmate and former patient at SNMCF, who is
incarcerated for murder. She says their relationship started after he was no
longer a patient. Ocean adds: “I saw with my own eyes all the problems, all
the injustices at the prison before I ever married him.”
December
13, 2006 Santa Fe Reporter
After two troubled years of administering health care in New Mexico’s
prisons, Wexford Health Sources will lose its multimillion-dollar contract
with the state. Wexford has been the subject of a five-month investigative
series by this paper. Now, SFR has learned that on Dec. 8, Gov. Bill
Richardson ordered the New Mexico Corrections Department (NCMD) to
immediately begin the search for a new health care provider. “The governor
has directed the Corrections Department to develop and implement immediate
and long-term options for improving health care quality at the state’s
correctional facilities,” Richardson spokesman Gilbert Gallegos says. “Those
options are expected to include sanctions and seeking another provider—which
basically means the Corrections Department will be crafting a request for
proposal [RFP] to solicit a new vendor. They’re working out the terms of the
RFP now and will most likely be terminating the contract with Wexford.”
Wexford’s contract expires in June 2007, Gallegos says. SFR has repeatedly
and exclusively published allegations by current and former Wexford employees
regarding inmate care [Cover story, Aug. 9: “Hard Cell?”]. Those accounts
focused on dangerously low medical staffing levels at the nine correctional
facilities where Wexford operates; Wexford’s refusal to grant chronically ill
inmates critical, off-site specialty care; and systemic problems in
administering prescription medicine to inmates. Gallegos says the governor
learned about the problems with Wexford through SFR’s stories. “The governor
had been concerned about the quality of care delivered in the correctional
facilities and directed the Corrections Department to increase oversight of
Wexford,” Gallegos says. “Corrections was doing that, but it appeared that
many of those deficiencies were not being corrected.” Wexford, which also
administers health care in facilities run by the New Mexico Children, Youth
and Families Department (CYFD), will lose those operations as well, Gallegos
says. Wexford began working in New Mexico in July 2004, after signing a $27
million contract with NMCD. The Pittsburgh-based company has also lost
contracts in Wyoming and Florida because of similar concerns over health
care. SFR also learned this week that Dr. Phillip Breen, Wexford’s regional
medical director in New Mexico, has resigned, effective Dec. 31. In addition,
a dentist at a state prison in Hobbs tells SFR that facility is so
understaffed that inmates sometimes wait up to six weeks to receive important
dental care. Dr. Ray Puckett, who has been working as a part-time dentist at
Lea County Correctional Facility (LCCF) in Hobbs for approximately one year,
alleges that some inmates are suffering because the backlog to receive dental
treatment is so massive. “I’ve heard about inmates pulling their own teeth
after months and months. I’ve heard about inmates saying, ‘I just can’t stand
it anymore,’” he says. Puckett says Wexford should have hired a full-time
dentist at LCCF because so many inmates require medical attention to take
care of abscesses, cavities, tooth extractions and other painful dental
problems. Puckett works at the facility only one day a week, during which he
typically sees up to 16 patients. He says that Wexford also has another
dentist who will occasionally work one day a week at the facility. “What we
have now is a poorly run operation. It’s grossly understaffed and
disorganized. And it ends up being unfortunate for the inmates,” Puckett
says. Wexford Vice President Elaine Gedman did not
respond to e-mails and phone calls from SFR. Corrections spokeswoman Tia
Bland says NMCD is not aware of a backlog of dental patients at LCCF, but
will look into it. She adds that Wexford is only required to have a dentist
at LCCF for two days a week. With regard to the governor’s action against
Wexford, Bland says: “It’s a fact. Wexford has not met its contractual
obligations to the Department, and that’s something we can’t ignore. We have
to do something about it. We will be putting a plan in place.” In the coming
year, both Wexford and NMCD are slated for an extensive audit by the
Legislative Finance Committee. The audit was the result of a hearing on
Wexford by the Legislature’s Courts, Corrections and Justice Committee in
October. The hearings also were held in response to reports in this paper
[Outtakes, Oct. 25: “Medical Test”]. It’s now unclear whether the audit will
still take place. As for Puckett, he has considered leaving his post because
of what’s happening at LCCF. A veteran of correctional health care, he also
worked for Wexford’s predecessors, Addus HealthCare
and Correctional Medical Services. In his estimation, both companies, which
operate to make a profit like Wexford, cared more about the inmates’ physical
well-being and were willing to sacrifice dollars to ensure that medical
problems were treated expeditiously. Says Puckett: “It is my sense that
Wexford doesn’t care what sort of facility they run. Everything is run on a
bare-bones budget. They’re in it to make money.” Not anymore. When asked whether
there was any chance at all that Wexford could remain in its current capacity
at NMCD or CYFD, Richardson spokesman Gallegos responded: “They’re done. The
governor’s intention is to replace Wexford with a new company. We expect to
have a new provider in a reasonable amount of time.”
November
28, 2006 Santa Fe Reporter
In the latest setback for Wexford Health Sources, a former employee has
slapped the prison health care company with a civil lawsuit alleging racial
discrimination. The suit, filed Oct. 25 in US District Court in Albuquerque,
alleges that former health services administrator Don Douglas was fired by
Wexford last October because he is black. Moreover, the suit alleges that
sick and injured inmates at Lea County Correctional Facility in Hobbs, where
Douglas worked, received poor treatment and that the facility lacked critical
medical staff. Wexford, which administers health care in New Mexico’s
prisons, has been the subject of a four-month SFR investigation [Cover story,
Aug. 9: “Hard Cell?”]. As a result, the Courts, Corrections and Justice
Committee held a hearing last month, and the Legislative Finance Committee is
slated to audit Wexford and the New Mexico Corrections Department [Outtakes,
Nov. 8: “Prison Audit Ahead”]. The allegations in Douglas’ lawsuit echo many
of the concerns from employees who have talked to SFR. Specifically, it
charges that even though Douglas alerted a Wexford corporate administrator
about medical and staffing problems, the company did not respond. Instead,
according to the lawsuit, Douglas’ job was audited and he was found
negligent, despite no prior problems and a record of exemplary job
evaluations. On Oct. 10, 2005, Douglas was fired and replaced by a white
woman, the lawsuit says. “Wexford did not provide critical health care in a
timely manner, and I called attention to that,” Douglas tells SFR. “Inmates
have a civil right as incarcerated American citizens to be afforded adequate
health care. But that service is not being provided, and Wexford is
neglecting inmates.” Douglas began working at Wexford in July 2004, but also
worked for its predecessor, Addus. Shortly after
his firing, Douglas filed a complaint with the US Equal Employment
Opportunity Commission (EEOC). A June 5 letter from the EEOC’s Albuquerque
office says the agency found reasonable cause to believe Douglas “was
terminated because of his race.” When queried by SFR, Wexford Vice President
Elaine Gedman wrote in a Nov. 27 e-mail that
Wexford is withholding comment until the forthcoming audit is complete and
referred to 14 prior successful audits of Wexford. Corrections spokeswoman
Tia Bland also would not comment on the lawsuit and noted that NMCD does not
oversee Wexford personnel matters. Says Deshonda
Charles Tackett, Douglas’ lawyer: “This is an important case. Mr. Douglas
should not have to suffer racial discrimination in an effort to provide
inmates with proper health care.”
November
22, 2006 Santa Fe Reporter
The medical director of a state prison in Hobbs has stepped down from his
post less than a month after a legislative committee requested an audit of
the corrections health care in the state. Dr. Don Apodaca, medical director
of Lea County Correctional Facility (LCCF), turned in his resignation on Nov.
6 due to concerns that inmates there are not receiving sufficient access to
health care. According to Apodaca, sick inmates are routinely denied off-site
visits to medical specialists and sometimes have to wait months to receive
critical prescription drugs. Apodaca blames the policies of Wexford Health
Sources, the private company that contracts with the state to provide
medicine in New Mexico’s prisons, for these alleged problems. Wexford has
been the subject of a four-month SFR investigation, during which a growing
number of former and current employees have contended that Wexford is more
concerned with saving money than providing adequate health care, and that
inmates suffer as a result. On Oct. 24, the Legislative Finance Committee
(LFC) tentatively approved an audit that will assess Wexford’s contract with
the New Mexico Corrections Department (NMCD) and also evaluate the quality of
health care rendered to inmates [Outtakes, Nov. 8: “Prison Audit Ahead”].
LCCF’s medical director since January 2006, Apodaca is one of the
highest-ranking ex-Wexford employees to come forward thus far. His
allegations of Wexford’s denials of off-site care and the delays in obtaining
prescription drugs echo those raised by other former and current employees
during the course of reporting for this series [Cover story, Aug. 9: “Hard
Cell?”]. Specifically, Apodaca says he personally evaluated inmates who
needed off-site, specialty care, but that Wexford consistently denied his
referrals. Apodaca cites the cases of an inmate who needed an MRI, another
inmate who suffered from a hernia and a third inmate who had a cartilage tear
in his knee as instances in which inmates were denied off-site care for
significant periods of time against his recommendations. When inmates are
actually cleared for off-site care in Albuquerque, they are transported in
full shackles without access to a bathroom for the six- to seven-hour trip,
Apodaca says. “Inmates told me they aren’t allowed to go to the bathroom and
ended up soiling themselves,” he says. “The trip is so bad they end up refusing
to go even when we get the off-site visits approved.” When it comes to
prescription drugs, there also are significant delays, Apodaca says. Inmates
sometimes wait weeks or even months for medicine used for heart and blood
pressure conditions, even though Apodaca says he would write orders for those
medicines repeatedly. “Wexford was not providing timely treatment and
diagnoses of inmates,” he says. “There were tragic cases where patients
slipped through the cracks, were not seen for inordinately long times and
suffered serious or fatal consequences.” Apodaca says he began documenting
the medical problems at the facility in March. After detailing in writing the
cases of 40 to 50 patients whom he felt had not received proper clinical
care, Apodaca says he alerted Dr. Phillip Breen, Wexford’s regional medical
director, and Cliff Phillips, Wexford’s regional health services
administrator, through memos, e-mails and phone calls. In addition, Apodaca
says he alerted Wexford’s corporate office in Pittsburgh. Neither Breen nor
Phillips returned phone messages left by SFR. Apodaca says he also informed
Devendra Singh, NMCD’s quality assurance manager for health services.
According to Apodaca, Singh assured him that he would require Wexford to look
into the matter, but Apodaca says he never heard a final response. “Wexford
was simply not receptive to any of the information I was sending them, and I
became exasperated,” he says. “It came to the point where I felt
uncomfortable with the medical and legal position I was in. There were
individuals who needed health care who weren’t getting it.” Singh referred
all questions to NMCD spokeswoman Tia Bland; Bland responded to SFR in a Nov.
20 e-mail: “If Don Apodaca has information involving specific incidents, we
will be happy to look into the situation. Otherwise, we will wait for the
LFC’s audit results, review them and take it from there.” Wexford Vice
President Elaine Gedman would not comment
specifically on Apodaca’s allegations. In a Nov. 20 e-mail to SFR, she wrote
that Wexford will cooperate with the Legislature’s audit and is confident the
outcome will be similar to the 14 independent audits performed since May 2005
by national correctional organizations. “Wexford is proud of the service we
have provided to the Corrections Department as documented in these
independent audits and looks forward to continuing to provide high quality
health care services in New Mexico,” Gedman writes.
Members of the Legislature’s Courts, Corrections and Justice Committee, which
requested the forthcoming audit, toured LCCF on Oct. 19 and were told by both
Wexford and NMCD officials that there were no health care problems at the
facility. On the same tour, however, committee members heard firsthand
accounts from inmates who complained they couldn’t get treatment when they
became sick [Outtakes, Oct. 25: “Medical Test”]. That visit, along with
Apodaca’s accounts, calls into question Wexford’s and NMCD’s accounts, State
Sen. Cisco McSorley, D-Bernalillo, says. “We were told on our tour that nothing
was wrong. And now to hear that there is a claim that Wexford and the
Corrections Department might have known about this makes it seem like this
information was knowingly covered up,” McSorley, co-chairman of the
committee, says. “We can’t trust what’s being told to us. The situation may
require independent oversight far beyond what we have. This should be the
biggest story in the state right now.”
November
8, 2006 Santa Fe Reporter
The New Mexico State Legislature is one step closer to an audit of Wexford
Health Sources, the private company that administers health care in New
Mexico’s prisons. On Oct. 24, the Legislative Finance Committee (LFC)
tentatively approved the audit, which will evaluate Wexford’s contract with
the New Mexico Corrections Department (NMCD) and also assess the quality of
health care administered to inmates. The request for a review of Wexford
originated with the state Legislature’s Courts, Corrections and Justice
Committee, which voted unanimously on Oct. 20 to recommend the audit after a
hearing on prison health care in Hobbs [Outtakes, Oct. 25: “Medical Test”]. A
subsequent Oct. 30 letter sent to the LFC by committee co-chairmen Rep.
Joseph Cervantes, D-Dońa Ana, and Sen. Cisco McSorley, D-Bernalillo, refers
to “serious complaints raised by present and former employees” of Wexford.
The letter cites this newspaper’s reportage of the situation and notes that
on a recent tour of Lea County Correctional Facility in Hobbs, “committee
members heard numerous concerns from inmates about medical problems not being
addressed.” It also refers to confidential statements Wexford employees
provided to the committee that were then turned over to the LFC. The decision
to examine Wexford and NMCD comes on the coattails of months of reports that
state inmates are suffering behind bars due to inadequate medical services,
documented in an ongoing, investigative series by SFR. Over the past three
months, former and current employees have alleged staffing shortages as well
as problems with the dispensation of prescription drugs and the amount of
time sick inmates are forced to wait before receiving urgent care [Cover
story, Aug. 9: “Hard Cell?”]. The timing, Manu Patel, the LFC’s deputy
director for audits, says, is ideal, because the LFC already planned to
initiate a comprehensive audit of NMCD, the first in recent history.
Regarding the medical component of the audit, Patel says: “We will be looking
at how cost-effective Wexford has been. Also, we will be looking at the
quality of care, how long inmates have to wait to receive care and what
[Wexford’s] services are like.” Patel says the LFC plans to contract with
medical professionals to help evaluate inmates’ care. As per a request from
the Courts, Corrections and Justice Committee, current Wexford employees will
be given a chance to participate in the audit anonymously. The audit’s
specifics require final approval from the LFC in December; the committee will
likely take up to six months to generate a report, according to Patel. In a
Nov. 6 e-mail to SFR, Wexford Vice President Elaine Gedman
cites 14 successful, independent audits performed of Wexford in New Mexico
since May 2005. “Wexford is proud of the service we have provided to the
Corrections Department as documented in these independent audits and looks
forward to continuing high quality health care services in New Mexico,” Gedman writes. NMCD spokeswoman Tia Bland echoes Gedman: “We welcome the audit and plan on cooperating any
way we can,” she says. Meanwhile, former employees continue to come forward.
Kathryn Hamilton, an ex-NMCD mental health counselor, says she worked
alongside Wexford staff at the Pen for two months, shortly after the company
took the reins in New Mexico in July 2004. Hamilton alleges that mentally ill
inmates were cut off psychotropic medicine for cheaper, less effective drugs
and that inmates waited too long to have prescriptions renewed and suffered
severe behavioral withdrawals as a result. Hamilton, who had worked at the
Pen since April 2002, says she encountered the same sorts of problems under Addus, Wexford’s predecessor, but quit shortly after
Wexford’s takeover because the situation wasn’t improving. “They would stop
meds, give inmates the wrong meds or refuse to purchase meds that were not on
their formulary, even if they were prescribed by a doctor,” Hamilton says. “I
felt angry, sometimes helpless, although I always tried to speak with
administrators to help the inmates.” Hamilton married a state inmate by proxy
last month, after continuing a correspondence with him following her tenure
at the Pen. Hamilton says she did not serve as a counselor to the inmate,
Anthony Hamilton, but met him after helping conduct a series of mental health
evaluations. Hamilton has been a licensed master social worker under her
maiden name since 2000 (according to the New Mexico Board of Social Work
Examiners). She emphasizes that her relationship with her husband did not
begin until after she left the Corrections Department. According to Hamilton,
her husband, still incarcerated at the Pen for aggravated assault, recently
contracted methicillin-resistant staphylococcus aureus (MRSA), a serious
staph infection. In a previous story, four current Wexford employees
specifically mentioned MRSA as a concern to SFR because they allege Wexford
does not supply proper protective equipment for staff treating infectious
diseases like MRSA [Outtakes, Oct. 18: “Corrections Concerns”]. Wexford Vice
President Gedman did not address Hamilton’s claims
when queried by SFR. Corrections spokeswoman Bland also says she can’t
comment on Hamilton’s allegations because she had not spoken with Hamilton’s
supervisor at the time of her employment. Says Hamilton: “I initially called
the newspaper as the concerned wife of an inmate, not as a former therapist.
With all the stories the Reporter has done, I wanted to come forward with
what I had seen at the Pen.”
October
25, 2006 Santa Fe Reporter
Following months of reports that state inmates are suffering behind bars due
to deficient medical services, a state legislative committee has requested a
special audit of health care in New Mexico’s state prisons. During an Oct. 20
hearing at New Mexico Junior College in Hobbs, members of the Courts,
Corrections and Justice Committee voted unanimously to ask for the audit,
which will focus on Wexford. Last week’s hearing resulted in a requested
audit of New Mexico’s prison health care. (Photo by Dan Frosch.). Health
Sources, the private company that contracts with the New Mexico Corrections
Department (NMCD). The company’s operation in New Mexico has been the subject
of a three-month investigative series by SFR, during which former and current
Wexford employees have come forward with allegations of problematic health
services for inmates [Cover Story, Aug. 9: “Hard Cell?”]. As a result of the
series, the Courts, Corrections and Justice Committee decided to address the
issue during a regularly scheduled hearing in Hobbs [Outtakes, Sept. 13:
“Checkup”]. Norbert Sanchez, a nurse suspended by Wexford in September after
an alleged dispute with health administrators, spoke at the hearing about
problems he witnessed at Central New Mexico Correctional Facility in Los
Lunas. Sanchez recalled witnessing a wheelchair-bound inmate who sat in his
own feces for hours and a sick inmate who missed critical doses of medicine
for congestive heart failure. Sanchez also expressed concerns that echo those
raised previously to SFR by other former and current Wexford staff: a
systemic lack of medical supplies, failure to properly dole out prescription
drugs and reluctance to send sick inmates off-site for specialized treatment.
Though he was the only former Wexford employee in attendance, Sanchez
referred legislators to a packet he’d disseminated with testimony from
current Wexford employees. Those employees feared retaliation if they came
forward, Sanchez said. ACLU New Mexico staff attorney George Bach testified
that his organization has been hearing similar concerns from Wexford
employees and that many are, indeed, afraid to go public. “These employees
are so passionate about this issue that if you called them to testify, I’m
certain they would do it,” Bach said. Both NMCD and Wexford refuted Sanchez’
and Bach’s allegations. Devendra Singh, NMCD’s quality assurance manager for
health services, hashed through the nationally approved correctional health
care standards to which he said the Corrections Department adheres. He also
pointed to the strict auditing process he said NMCD uses to monitor Wexford.
“We go for auditing for every inch of every aspect of care,” Singh said.
Wexford President and CEO Mark Hale said his Pennsylvania-based company is
subject to more stringent oversight in New Mexico than in any other state
where it operates. “If inmates need health care, they get it,” Hale, who
categorized the attacks on Wexford as deriving from disgruntled ex-employees,
said. But Singh’s and Hale’s assurances were not enough for the legislators
on hand, who peppered the two with questions. At one point, State Rep. Peter
Wirth, D-Santa Fe, referred to a recent SFR story in which a current Wexford
employee at Central decried treatment of inmates as inhumane and noted that
never before had the employee seen such deficiencies in health care
[Outtakes, Oct. 18: “Corrections Concerns”]. “That’s pretty darn scary to
me,” Wirth said of the allegation. Committee co-chairman and State Rep.
Joseph Cervantes, D-Dońa Ana, questioned Singh’s assertion that medical
complaints from inmates are rare and noted that on a tour of Lea County
Correctional Facility the previous night, legislators had heard numerous
inmate concerns about medical problems. Co-chairman Sen. Cisco McSorley,
D-Bernalillo, said on the same tour he’d seen an inmate suffering from a
visible cystic infection. The cyst should have easily been identified through
only a “cursory” medical evaluation, McSorley said. Corrections Secretary Joe
Williams said his agency welcomes a special audit of health care in the
prisons. Legislators agreed that such an audit, under the aegis of the
Legislative Finance Committee (LFC), should be conducted by an independent
third party and include accounts from current Wexford employees who could
remain anonymous. LFC Chairman Lucky Varela, D-Santa Fe, says he has not yet
received an official request from the Courts, Corrections and Justice Committee,
but will be keeping an eye out. “We will seriously consider looking at the
Corrections component to see what type of health care and what type of
contracts are being approved by the Corrections Department,” Varela says.
Indeed, for Peter Wirth, the logical next step is an audit that examines
Wexford’s services and NMCD’s oversight and that allows current employees to
speak freely. Says Wirth: “We really need to hear more from these folks.
Obviously, we’ve begun a dialogue here, and we don’t want to short-change
it.”
October
18, 2006 Santa Fe Reporter
Current prison health workers say they fear retaliation if they speak out.
Just days before state legislators convene a hearing on correctional health
care in New Mexico, a group of medical employees in the state prison system
have come to SFR with allegations about how inmates are treated. All four
requested anonymity because they say they fear retaliation from Wexford
Health Sources—the private company that administers health care in the
prisons—if their identities are revealed. The employees currently work at
Central New Mexico Correctional Facility. They allege, among other things,
that chronically ill inmates are forced to lie in their own feces for hours,
are taken off vital medicine to save money and often wait months before
receiving treatment for urgent medical conditions. Moreover, the employees
say conditions at the facility are unsanitary. “In my entire career, I’ve
never seen this sort of stuff happening,” one employee says. “These inmates
are not being treated humanely. They don’t live in sanitary conditions. They
live in pain.” Wexford Vice President Elaine Gedman
denies all the employees’ allegations in an e-mail response to SFR.
Corrections spokeswoman Tia Bland says the department is unaware of these
allegations and that “none of these issues have surfaced during our regular
auditing process.” The employees’ allegations come on the heels of a series
of stories by SFR, in which several former Wexford employees have publicly
come forward with similar charges [Cover Story, Aug. 9: “Hard Cell?”]. As a
result of the stories, the state Legislature’s Courts, Corrections and
Justice Committee will hold a hearing on Oct. 20 in Hobbs to discuss the
matter [Outtakes, Sept. 13: “Checkup”]. Wexford and the New Mexico
Corrections Department (NMCD), which oversees the Pennsylvania-based company,
have categorically denied charges that inmates are being denied proper health
care. These latest allegations are the first to come from current employees
of Wexford. The employees describe an environment where medical staff must
purchase their own wipes for incontinent patients because they say Wexford
administrators say there’s no money for supplies. They say there’s a shortage
of oxygen tanks and nebulizer machines (for asthma patients) and also scant
protective equipment for those staff treating infectious diseases. Gedman says, “Wexford is unaware of any shortage in
medical supplies. Extra oxygen bottles and nebulizers are always on hand and
ready for any emergency use. The oxygen bottles are inventoried daily as part
of our emergency response requirement.” The employees also allege that
chronically ill inmates sometimes wait what they say is too long to be taken
off-site for specialty care. Gedman says this also
is false and that Wexford “strongly encourages all of our providers to refer
patients for necessary evaluation and treatment, off-site when necessary, as
soon as problems are identified that need specialty referral.” All four
employees say their complaints to Wexford administrators about the lack of
supplies and treatment of inmates have been ignored, and all believe coming
forward publicly will cost them their jobs. Gedman
says this concern is unfounded because “Wexford encourages an open-door
policy for all employees to bring issues to the attention of management so
that they can be investigated and acted upon as appropriate.” Bland says
Corrections staff are “visible and accessible in the prisons. If any of
Wexford’s staff would like to speak with us concerning these allegations, we
welcome the information and will certainly look into the matter.” As for the
legislative hearing, State Rep. Joseph Cervantes, R-Dońa Ana, co-chairman of
the Courts, Corrections and Justice Committee, says he hopes some of these Wexford
critics will show up in Hobbs. And he says further hearings are a
possibility. “I hope there is a full airing of the issues. I would like to
learn that the Corrections Department is working to resolve all of this, but
if they haven’t, I expect to make deadlines for them so we can expect
adequate progress,” Cervantes says. “We’d still like to protect the anonymity
and bring to light any allegations and complaints.” Cervantes also says he
wants to introduce legislation during the next session to protect
whistle-blowers. Ken Kopczynski, executive director
of the Private Corrections Institute watchdog group in Florida, says the
Legislature must do everything it can to safeguard current Wexford employees
against retaliation. “The Legislature is the ultimate authority, and they
need to put pressure on the Corrections Department to find out what the hell
is going on. They also need to protect these employees so they can come
forward and testify about their specific experiences,” Kopczynski
says. “And if there are allegations of civil rights abuse, which is what it
sounds like, then the Justice Department needs to come in.”
October
4, 2006 Santa Fe Reporter
Medical personnel at a New Mexico state prison don’t have protective gear to
treat inmates with infectious diseases. Nurses at the same prison lack
sanitary wipes for sick inmates who have soiled themselves. Inmates regularly
miss doses of critical medicine because their prescriptions are not renewed
properly. These are just some of the allegations made by Norbert Sanchez, a
nurse for Wexford Health Sources, the private company that administers health
care in New Mexico’s state prisons. Sanchez asserts that Wexford suspended
him on Sept. 6 from his post at the Long Term Care Unit (LTCU) at Central New
Mexico Correctional Facility in retaliation for continually raising concerns
about Wexford’s operations at the facility. But he recently spoke with SFR in
an exclusive interview. His account follows a series of stories by SFR in
which a wide range of former Wexford employees have raised similarly serious
concerns regarding Wexford’s treatment of inmates [Cover Story, Aug. 9: “Hard
Cell?”]. “There were no guidelines, no policies from Wexford. It was unsafe
for the inmates and the employees,” Sanchez, a 20-year veteran nurse, says.
Sanchez says he began to work for Wexford in April and quickly noticed
problems. Incoming nurses received only scant safety training from Wexford
and were immediately thrown into intense treatment settings to plug staffing
shortages, he alleges. More disturbingly, Sanchez says that there weren’t
protective gowns and masks for medical staff who needed to treat inmates with
infectious diseases, dangerous for staff, inmates and the general public.
There also was a shortage of linens and sanitary wipes, which are
particularly critical for chronically ill inmates. Wexford Vice President
Elaine Gedman responded in a lengthy Oct. 2 e-mail
to SFR. She would not comment on the details of Sanchez’s suspension but
denies he was disciplined for complaining. SFR also queried New Mexico
Corrections Department (NMCD) spokeswoman Tia Bland on Sanchez’ allegation of
retaliation and his issues with Wexford’s health care. Bland says NMCD has no
information on Sanchez’ employment status and is unaware of a shortage of
medical supplies or protective gear, as well as prescription drug lapses, but
that the Department is looking into it. As for Sanchez’s assertions about
dirty linens, Bland says: “The linens are our responsibility. We have gotten
a little behind with linen laundry in LTCU because of some electrical
problems. We’ve ordered new linens, and we’re working on fixing the problem.”
Regarding the staffing shortages Sanchez and other ex-Wexford employees have
complained of, Bland says: “We’ve always acknowledged staffing challenges. We
are happy to say the vacancy rate is the lowest it’s been in months. We
applaud Wexford’s efforts and encourage them to keep it up.” Ken Kopczynski, executive director of the Private Corrections
Institute watchdog group in Florida, says that aside from the hearing, NMCD
should consider liquidating damages or fining Wexford if it refuses to live
up to its contractual obligations. NMCD hired Wexford in July 2004; last
fall, a $35,000 agreement was reached between NMCD and Wexford over the
state’s concern that Wexford didn’t provide enough work hours for its
full-time employees, particularly psychiatrists. “You’re only as good as your
contract. And if there are systematic problems here, than the state might
need to hit Wexford where it hurts,” Kopczynski
says. Ultimately, though, Kopczynski maintains that
it is up to the Legislature and Corrections Secretary Joe Williams to ensure
that Wexford upholds humane standards of care. “Somebody needs to be
enforcing that contract. And it should be up to the Legislature to hold the
secretary’s feet to the fire,” he says. “And if the secretary chooses not to,
then they need to get rid of him.” Meanwhile, Sanchez says he plans on
speaking at the forthcoming hearing in Hobbs. “Wexford doesn’t care about its
employees,” he says. “And they don’t care about the inmates.”
September
13, 2006 Santa Fe Reporter
Concerns about prison health care reported exclusively by the Santa Fe
Reporter will be discussed by a legislative committee next month. The Courts,
Corrections and Justice Committee will gather in Hobbs on Oct. 19 and 20 for
a regularly scheduled hearing and discuss, among other items, the health care
provided to state inmates by Wexford Health Sources. Wexford, a private,
Pennsylvania-based company, has come under fire from ex-employees who allege
that inmates receive dangerously substandard health care [Cover Story, Aug.
9: “Hard Cell?”]. State Rep. Joseph Cervantes, D-Dońa Ana, co-chairman of the
committee, says those concerns prompted the Legislature to take action. “The
issues [SFR] has raised have not come before our committee recently.
Inevitably, you get a perception that the management wants you to see, but we
want to go beyond that,” Cervantes says. Cervantes expects representatives
from Wexford and the New Mexico Corrections Department (NMCD) to answer
questions at the meetings. He also encouraged all those who have concerns
about Wexford’s health care in the prisons to come forward. “We need these
individuals to not only participate in the public portion of the meetings but
consider presenting evidence and testimony to the committee,” Cervantes says.
State Sen. Cisco McSorley, D-Bernalillo, co-chairman of the committee, echoes
his counterpart’s sentiment. “With the increasing outcry of health care in
the prisons, Joe and I decided this was an issue that needs to be discussed,”
McSorley says. Meanwhile, SFR recently obtained an Aug. 29 memo from Wexford
that directs staff not to speak with this paper. The memo is from J Chavez,
identified as director of nursing at Central New Mexico Correctional Facility
in Los Lunas. “It is important that you either contact the Pittsburgh office
or myself if this reporter contacts you,” the memo states. “Please keep in
mind that all of you have read and signed the business code of conduct…” The
memo also cites the company’s media relations policy, which prohibits
employees from speaking with the news media on matters relating to Wexford.
September
4, 2006 Albuquerque Tribune
When I got the no-return-address envelope in the mail, I figured it was
another anonymous tip on someone's opponent. It wasn't. The packet - yes,
sent without a name - outlined a revised ethics policy at the state
Corrections Department. Once I read on, I realized why he or she sent the
information namelessly. "We are told we cannot contact you without
violating this policy and face possible termination even though the only way
of getting information out to change problems is via the media," they
wrote. Nothing gets a reporter's heart pumping like something somebody
doesn't want them to know about. Especially in government. Tia Bland,
Department of Corrections spokeswoman, said the code doesn't prohibit
employees from contacting the media. "I don't think we have anything in
our policy that says if a person is off duty and has a conversation with a
reporter, they are going to be fired." The letter-writer goes on:
"In the policy, it states we cannot tape or video record a person.
(Remember the Joe Williams piece on Channel 7) And if we do we face possible
termination." The mention of Williams, the department's Cabinet
secretary, is a reference to a recent KOAT-Channel 7 news segment that showed
Williams at a party in Clayton, where the GEO Group (formerly Wackenhut)
plans to build a new prison. The report said GEO helped pay the tab for the
gathering in the northern New Mexico town. A grainy video of the event showed
Williams walking out of the Clayton Civic Center, where employees were
dancing to "La Macarena." In terms of videotaping people, the
policy does say: "Applicable personnel are prohibited from tape
recording, video recording or otherwise electronically recording the acts of
others or conversations with or among other personnel while at or on any work
site, unless all persons proposed to be so recorded have consented to being
so recorded."
August
30, 2006 Santa Fe Reporter
A Santa Fe dentist and his assistant say they quit their jobs at the
Penitentiary of New Mexico in 2004 because of concerns that state inmates
were not receiving adequate dental care. Dr. Norton Bicoll
and Sharon Daily left their employment at Wexford Health Sources, which
handles health care in nine New Mexico correctional facilities, because the
company ordered them to cut their hours for inmates in half, they say. Bicoll and Daily’s problems with Wexford follow a number
of serious allegations levied by six ex-Wexford employees that also question
the level of health care inmates are receiving [Cover story, Aug. 9: “Hard
Cell?”]. Last week, SFR also reported that two Albuquerque psychiatrists have
sued Lovelace Health Systems for firing them after they refused to
participate in a proposed contract with Wexford. The contract would have
called for the psychiatrists to provide substandard treatment to state
inmates, the lawsuit alleges [Outtakes, Aug. 23: “Unhealthy Proposal”]. These
latest assertions about Wexford appear to be part of a growing chorus of
criticism of the company and its treatment of inmates. Wexford Vice President
Elaine Gedman, who has responded previously to
questions regarding the company, did not respond to repeated requests for
comment for this story. But Bicoll and Daily’s
issues with Wexford relate to the company’s staffing shortages in New Mexico,
one of the company’s most pervasive problems, according to ex-employees.
While both NMCD and Wexford have consistently played down such shortages,
according to Wexford’s own Web site, there are currently 47 vacancies for
medical personnel in New Mexico. That number comprises close to half of the
117 total positions Wexford, the nation’s third largest private correctional
health care company, is currently advertising for. Such vacancies not only
include a range of nursing positions but also critical, high ranking
administrative posts. According to the Web site, Wexford is looking to hire a
director of nursing and medical director at the New Mexico Women’s
Correctional Facility in Grants. The medical director position is also open
at Southern New Mexico Correctional Facility in Las Cruces and Lea County
Correctional Facility in Hobbs. The Penitentiary of New Mexico needs a
director of nursing. Ken Kopczynski, executive
director of the Private Corrections Institute watchdog group in Florida, says
charges of compromised prison health care in New Mexico warrant federal
involvement. “It would be good to get the Department of Justice involved if
there are allegations of lack of care on behalf of the inmates,” he says.
“The New Mexico Corrections Department and the Legislature can’t hide their
heads in the sand and say they didn’t know about these problems if there’s
ever a lawsuit. The inmates are ultimately the responsibility of the state,
and you can’t contract that away.”
August
25, 2006 The New Mexican
Santa Fe County has interviewed four people who applied to be the new jail
administrator. One high-profile candidate, however, took her name out of the
hat just before interviews were slated to begin Thursday. Ann Casey, a
lobbyist and Illinois jail official embroiled in controversy over her
relationship with state Corrections Secretary Joe Williams, had applied for
the job along with five others. Casey canceled her interview Thursday and
said she no longer wanted to be considered for the job, according to
Assistant County Attorney Carolyn Glick. Casey was in the news in New Mexico
when the state put Williams on unpaid leave and launched an investigation.
Officials looked into his relationship with the woman, including use of his
work cell phone and other expenses after the Albuquerque Journal reported
billing records for his state cell phone showed 644 calls between the two
over five months. Williams returned to work and is on probation following
what a governor's aide called "a lapse in judgment." Illinois
officials also looked into the matter, but Casey remains in her position of
assistant warden of programs at the Centralia Correctional Center, said
department spokesman Derek Schnapp. Casey was not available for comment.
May
31, 2006 New Mexican
A state prison contractor involved in the investigation of a relationship
between Corrections Secretary Joe Williams and a lobbyist contributed $10,000
to Gov. Bill Richardson's re-election campaign. The political-action committee
for Aramark -- a Philadelphia-based company that makes millions of dollars a
year to feed New Mexico inmates -- contributed to Richardson's campaign in
May 2005, according to Richardson's most recent campaign-finance report. That
was about a year after Aramark renewed its contract with the state
Corrections Department. Aramark also has been generous to the state
Democratic Party, contributing $10,000 in 2004, and the Democratic Governors
Association, which Richardson chairs. The company contributed a total of
$15,000 to the DGA in 2004 and another $15,000 in 2005, according to reports
filed with the Internal Revenue Service. Aramark provides food service to
more than 475 correctional institutions in North America. The corporation
also has food-service contracts in colleges, hospitals, convention centers
and stadiums. Richardson spokesman Pahl Shipley
referred questions about the campaign donation to Richardson's campaign
manager, Amanda Cooper, who couldn't be reached for comment. The Governor's
Office announced this week that Williams is being put on administrative leave
while the state Personnel Office investigates his relationship with Ann E.
Casey, who registered as a lobbyist for Aramark and Wexford Health Services,
which provides health care to New Mexico inmates. Casey is an assistant
warden at an Illinois prison. A copyrighted story in the Albuquerque Journal
said Williams' state-issued cell-phone records show 644 calls between
Williams and Casey between Sept. 24, 2005, and Feb. 23. According to that
report, Casey was hired as a consultant by Aramark in 2005, but that contract
has since been terminated. Aramark's $5.4 million contract ends in July. The
Secretary of State Office's Lobbyist Index lists Casey as a lobbyist for
Wexford, though the Journal report quotes a Wexford official saying the
company never hired her. In 2004, a $10,000 contribution to a Richardson
political committee from Wexford's parent company caused a stir and later was
returned to the Pittsburgh company. The Bantry Group made the contribution to
Richardson's Moving America Forward PAC in April 2004. This was during a
bidding process just a month after the Corrections Department requested
proposals for a contract to provide health care and psychiatric services to
inmates. That contract potentially is worth more than $100 million, The
Associated Press reported. In August 2004, a Richardson spokesman said the
money would be returned "to avoid even the appearance of
impropriety."
May
30, 2006 AP
Gov. Bill Richardson has put Corrections Secretary Joe Williams on unpaid
leave while the secretary's recent actions are investigated. Richardson said
the review will focus on Williams' use of a state-issued cell phone, a
state-funded trip that included some personal travel and his relationship
with a lobbyist. "Gov. Richardson wants a thorough investigation to
examine the secretary's actions and determine if anything improper
occurred," said James Jimenez, Richardson's chief of staff. "The
governor sets a very high ethical standard for his administration and will
not tolerate any level of abuse of authority or public trust." A
spokeswoman for the Corrections Department said Williams was unavailable for
comment. State Personnel Director Sandra Perez will conduct the investigation
through her office, Jimenez said. Williams will be on unpaid leave until June
9, the day Perez's office is to report to the governor. The Albuquerque
Journal reported Sunday that Williams spent about 91 hours on his
state-issued cell phone talking with Ann Casey, an assistant warden at a
state prison in Centralia, Ill. The calls between the two phones were placed
between Sept. 24, 2005, and Feb. 23, 2006. Casey registered as a lobbyist in
2005 for two companies that have contracts with New Mexico to provide health
care and meals to prisoners. Williams described his relationship with Casey
as a friendship and said he doesn't give preferential treatment to anybody.
Richardson also is questioning a trip Williams took to Nashville on the
state's dollar. In January, Williams attended a conference of the American
Correctional Association. His travel records show he added a St. Louis leg to
the trip, which he said was personal. A 30-mile drive from the St. Louis
airport would land Williams at an address in O'Falcon,
Ill., which Casey listed on lobbyist registration forms. Records show
Williams wrote a check to his department in January for $266, the cost of
adding the St. Louis trip. While on the trip, Williams and Casey accepted a
dinner invitation from a company that operates a state prison in Santa Rosa,
according to Williams' e-mail records. A billing statement for a hotel stay
during the trip also lists two people in his party, but Williams would not
say who the second person was. Richardson appointed Williams, a former warden
at the Lea County Correctional Facility in Hobbs and former warden at two
state prisons, as corrections secretary in 2003.
July
19, 2005 Albuquerque Journal
Some legislators on Monday said a proposed prison in Clayton would help that
town's economy, while others advocated different ways to add prison space in
New Mexico. Rep. Gail Beam, D-Albuquerque, suggested that lawmakers
consider expanding the Guadalupe County Correctional Facility near Santa Rosa
or the Lea County Correctional Facility in Hobbs. Both options would be
cheaper than running a 600-bed, medium-security prison in Clayton, according
to initial estimates from the state Corrections Department. The actual
operating cost may be lower, Williams said. Rep. Mimi Stewart,
D-Albuquerque, called on Williams to consider placing more criminals in
community-based corrections programs rather than prison, as allowed under
state law. "We're rushing to try to get people employed at another
private prison when we're not following our own statute," Stewart said
at a hearing at the United World College. Williams said he opposed the
early release of prisoners.
July 9 , 2004
Prison food is not supposed to taste great, but inmates in two
state-correction institutions said this week that their food had taken a turn
for the worse in recent days while inmates in a third facility staged a
widespread boycott of meals earlier this week. Only 44 of the 330
inmates at the minimum-security facility in Los Lunas showed up for
lunch Wednesday because of complaints about the food, Corrections Department
spokeswoman Tia Bland confirmed Thursday. "We've had nothing but
ground turkey for days," an inmate at the state prison in Las Cruces
told a reporter Thursday. "It's terrible. You can't eat some of this
stuff." Meanwhile, an inmate at the state prison in Grants said
his prison kitchen has been serving a soy-meat substitute, which he described
as tasting like cardboard . Under that new
contract, the company receives about 20 cents less for each meal
served. "That does change what is offered," Albert
said. (The New Mexican)
September
9, 2003
A flight from Virginia is set to arrive back in New Mexico late next week.
But its homecoming welcome will include shotguns, shackles and prison
vans. The New Mexico Corrections Department said Monday it plans to
return all but one of what it has labeled troublemaker inmates from
Virginia's super-maximum-security Wallens Ridge
State Prison. The return will end a controversial four-year stint in which
problem prisoners were transferred and housed in the lockup nearly 2,000
miles away. The arrival of the 16 prisoners back in New Mexico is
tentatively set for Sept. 19, state corrections spokeswoman Tia Bland
said. "These inmates are (those) that have gang ties, primarily.
They're instigators. They start trouble," Bland said. "We're
ready for them." Bland said the return of the inmates is favored
by Gov. Bill Richardson, who formed a series of teams earlier this year that
looked at ways of cutting costs across state government. Bland said
bringing the prisoners home is projected to save the state $671,000 over the
next five years. Bland said New Mexico pays $64 a day to house inmates
at Wallens Ridge. It costs about $12 a day more to
house prisoners at the Penitentiary of New Mexico outside of Santa Fe— this
state's version of a "super max" where the troublemakers will be
sent. However, when things such as transporting the prisoners from Virginia
to New Mexico for court dates are eliminated, savings will be achieved. The
prisoners' security classifications also could be lowered over time,
requiring less expense in keeping them locked up. Former corrections
secretary Rob Perry began shuffling inmates to Wallens
Ridge just days after a deadly 1999 prison riot near Santa Rosa. But Perry's replacement,
Joe R. Williams, said Monday the New Mexico system can handle its own problem
prisoners. "At the beginning, it served its purposes,"
Williams said of the transfers. But "we're capable of running our own
system. I don't see any cause for alarm or any potential disruption because
they're here." New Mexico sent 109 suspected prison rioters to Wallens Ridge after the Aug. 31, 1999, riot at the
privately run Guadalupe County Correctional Facility near Santa Rosa. Guard
Ralph Garcia was killed in the uprising, and his alleged killers are now
being prosecuted. (ABQ Journal)
January 1, 2003
Santa Fe - Gov. -elect Bill Richardson filled out his cabinet Tuesday,
appointing a veteran prison warden to run the Corrections Department and a
longtime television journalist as head of the Labor Department. Joe
Williams, warden at a privately operated prison in Hobbs, was named
corrections secretary. Williams has been warden since 1999 of the Lea
County Correctional Facility, which is owned and operated by Wackenhut
Corrections Corp. Richardson said he wanted Williams, "someone
with the experience in both the public and private systems, to study
privatization of the corrections system and to give me his best advice on how
best to proceed long-term in corrections. (Santa Fe New Mexican)
November
25, 2002
The secretary of the state Corrections Department had ordered his staff not
to give any information to the transition team of Gov.-elect Bill Richardson
because at least two members of the team are suing the department. The
memo from Secretary Jim Burleson prompted Richardson spokesman to accuse
Burleson of putting up "roadblocks" to the transition
process. "A potential issue had arisen involving the newly
appointed Corrections Transition Team," Burleson's memo said.
"As such it is at this point that I must initiate a legal analysis of
potential conflicts." Santa Fe lawyer Mark Donatelli,
who co-chairs the transition team responsible for evaluating the CP,
represents six inmates suing the department over "cognitive
restructuring," a controversial lock-down program for problem
inmates. One of his team members is Lawrence Barreras, a former prison
warden who was fired by Johnson's administration in 1997. Barreras'
lawsuit against the state was thrown out by a district judge. The state
court of appeals upheld that decision in September. Barreras who more
recently was warden at Santa Fe County jail - told AP in September he would
appeal. (Santa Fe New Mexican.com)
October
7, 2000
The corrections Department exceeded its authority in giving a private prison
company a retroactive pay raise for jailing New Mexico prisoners. Assistant
Attorney General, Zachary Shandler said in an
advisory letter to the Legislative Finance Committee, "The Corrections
Department has contractual authority to provide only for prospective payment
adjustments. It does not have the authority to provide for retroactive
payment adjustments."
New Mexico Legislature
State
gets tougher on private prisons - Operators face fine as leniency disappears
under Martinez administration: March 1, 2012, Trip Jennings, The
New Mexican: Damning expose on how former DOC Secretary and former Wackenhut
warden cost state millions of dollars in un-collected fines against
for-profits.
Feb 12, 2019 nmpoliticalreport
New Mexico: Gov to donate GEO $$$ to charity
Prison profits: Gov. Michelle Lujan Grisham’s inaugural committee says it
will give a donation from the private prison company Geo Group to charity.
The Florida-based firm runs several prisons in New Mexico and has contributed
to politicians on both sides of the aisle. According to financial disclosures
Lujan Grisham’s inaugural committee published last week, Geo Group donated
$2,500 to the Democratic governor’s inaugural festivities. Democratic
politicians have faced awkward questions about financial contributions from
the private prison industry amid outrage over the federal government’s
zero-tolerance policy toward undocumented migrants. Companies like Geo Group
have stood to gain from the federal policy. Lujan Grisham, a former leader of
the Congressional Hispanic Caucus, has been an outspoken critic of federal
government’s stand and has said she wants greater oversight of private
prisons in New Mexico. So, when Geo Group was listed among the donors towards
her inaugural events, The New Mexican asked whether the committee would
return the donation. “The governor’s position on private prisons is well
known,” Elizabeth Collins, a spokeswoman for the inaugural committee, said in
an email. “Geo Group, as a company doing business in New Mexico, chose to
make a contribution to the Inaugural Committee and the committee accepted it.
We will be including Geo Group’s contribution in the donations the Inaugural
Committee makes to charities and nonprofits.”
Jun 26, 2018 abqjournal.com
NM Democrats to give up prison firms’ donations
Amid the national debate over immigration policy, several prominent New
Mexico Democrats – including the attorney general and two members of the
state’s congressional delegation – say they will make charitable donations in
the amounts they received as campaign contributions from two private prison
companies. And other elected officials said they’re considering returning
such contributions. The companies are Florida-based GEO Group Inc., and
Tennessee-based CoreCivic, which operate immigrant
detention centers and private correctional facilities across the country. In
New Mexico, GEO Group operates several private prisons and related
facilities, and CoreCivic runs a private prison and
a U.S. Immigration and Customs Enforcement detention center in Cibola County.
The companies have contributed thousands of dollars to Democratic and
Republican political campaigns here in recent years, as recently reported by
New Mexico In Depth. GEO Group contributed $5,500 in April to the re-election
campaign of Attorney General Hector Balderas, according to reports filed with
the Secretary of State’s Office. Balderas, a Democrat, announced last week
that he is part of a coalition of 21 attorneys general suing President Donald
Trump for his administration’s child separation policy, among other
immigration-related issues. An Attorney General’s Office spokesman said
Monday that “contributions to a political campaign play no impact on
(Balderas’) official decisions” and that the attorney general would donate
the $5,500 to several New Mexico nonprofits focused on children and families.
Asked why the attorney general was making the donation at this time, the
spokesman referenced the lawsuit. Meanwhile, the re-election campaign for
U.S. Sen. Martin Heinrich, D-N.M., told the Journal that it, too, had made a
charitable donation in the amount of the $6,500 it has received from CoreCivic since 2010. Brad Elkins, who manages Heinrich’s
re-election campaign, said in an email that the senator “does not support the
private prison industry” and that the donation would be given to the New
Mexico nonprofit PB&J Family Services. And a spokeswoman for U.S. Rep.
Ben Ray Luján, a fellow Democrat, said Luján donated the $7,000 he received from GEO Group to
New Mexico nonprofit organizations that help immigrant children and their
families, as well as victims of violence. Share prices of both GEO Group and CoreCivic have risen in response to Trump administration
immigration policies. In respective statements, spokesmen for the two
companies said they do not operate facilities for unaccompanied minors, and
that their organizations do not advocate for or against immigration
enforcement or detention policies. “While we applaud charitable giving and
make it a priority for our company, this decision (to donate to other
charities) appears to be rooted in politics,” a CoreCivic
spokesman said in an email. Some state lawmakers – both Republicans and
Democrats – have also received hefty campaign contributions from the private
prison companies in recent years. Rep. Patricia Lundstrom, D-Gallup, said
Monday that she was considering returning a $2,000 donation from GEO Group
that she received in December 2017. She also received a $300 contribution
from the company in 2010, according to campaign filings. “I’ve been kicking
that around,” Lundstrom told the Journal. “I’ll be talking to my (campaign)
treasurer about it.” Lundstrom was appointed as chairwoman of the influential
House Appropriations and Finance Committee at the start of the 2017
legislative session, and she acknowledged some recent campaign contributions
could be seen as an attempt to gain favor. It was unclear Monday whether
Republican politicians in New Mexico had made or were considering making
similar gifts. A spokesman for the Republican gubernatorial nominee, Rep.
Steve Pearce, who represents the border region of New Mexico, said Pearce had
not donated the $1,000 he received from CoreCivic
last year. He also said Pearce does not support the policy of separating
families at the border. Since 2010, the largest campaign contributions from
private prison companies have been made by GEO Group to Gov. Susana Martinez
and political committees that support her. The company gave more than $80,000
– in separate contributions in 2014 and 2016 – to Advance New Mexico, an
independent expenditure committee run by Jay McCleskey, the governor’s
political adviser. The political action committee, also known as a super PAC,
spent more than $3.1 million during the 2014 and 2016 election cycles to help
Republican legislative candidates. GEO Group also gave Martinez a direct
$25,000 donation in 2010, the year she was first elected governor. The
state’s current campaign contribution limits for candidates – of $5,500 for
the primary and general election – took effect after the 2010 election cycle.
Neither McCleskey nor a spokesman for the two-term Republican governor
immediately responded Monday to a request for comment on the issue.
Jan 31, 2017 kob.com
Committee questions millions in New Mexico state agency procurement
While the State of New Mexico is facing a multi-million dollar budget shortfall,
the Legislative Finance Committee and its Program Evaluation Unit are
questioning state spending on contracts that aren’t open to bid. The Learning
Community Charter School made the LFC’s list. The charter school spent
$124,000 over two years on legal services without seeking other attorneys for
a better deal. The LFC accuses nearly half of the state’s charter schools of
keeping outdated purchase orders or not getting competitive bids for large
purchases. The Rio Grande Foundation is a financially conservative research
institute. President Paul Gessing said state
agencies aren’t always frugal. "The incentives of government are not
always the same as you and I have incentives to save money or to buy the best
product,” Gessing said. The LFC discovered that the
Children, Youth and Families Department entered into a $2.75 million
non-competitive contract for the PullTogether.org advertising campaign,
justifying it by citing the advertising exemption in the state’s procurement
code. “Our lawmakers voted to allow this practice years ago, prior to this
administration,” CYFD Communications Director Henry Varela said in an email
to KOB. “It gives us the opportunity to hire local businesses and keep
taxpayer dollars in our state, helping support jobs and our economy. We are proud of the fact that a New Mexico
business created PullTogether.” Rest assured that
our use of the advertising exemption was and is an efficient use of taxpayer
dollars. For PullTogether, we now have an in-state
New Mexico firm who I know does great work and charges a reasonable fee in
comparison to other ad agencies. In 2015, the New Mexico Department of
Corrections justified a $14.5 million contract with the Tennessee-based
private prison company Corrections Corporation of America, admitting that the
request for proposal was not completed, but the Department of Finance has
approved previous contracts. NMCD has, over the past twenty years, entered
into serial source contracts with CCA to house and to provide services to all
its female inmates in the New Mexico Women’s Correctional Facility in Grants,
New Mexico. DFA has historically approved this contract as a four-year sole
source contract, based on the unique legislative history and background of
that facility. "It can add up to millions of dollars,” Gessing said. The New Mexico Department of Information
Technology, Homeland Security, Miners Colfax Medical Center, The Department
of Public Safety, the Public Education Department and the Livestock Board
were all found to have procurements that exceeded $100,000 without valid
contracts. State Auditor Tim Keller sent KOB the following statement: The LFC
report reinforces our audit sample that showed as much as 40 percent of a $1
billion sample didn't go through the procurement process. We are in process
of a report on the most egregious procurement abuses in the state. Our
procurement code is holding back both job creation and fair and transparent
government in New Mexico.
Feb 10, 2016 krwg.org
For-profit prison group gave thousands to elect New Mexico Republicans
Commentary: New analysis of
campaign finance reports has found that five weeks before Republicans seized
control of New Mexico’s House of Representatives in November 2014, a
Florida-based private prison company – Geo Group Inc. – donated over $30,000
to a Republican Super-PAC which launched a series of high-profile, factually
inaccurate negative ads smearing two incumbent Democratic representatives in
the tightest races that election season. An initial $5,200 contribution from
Geo Group, Inc. came on October 1, 2014 to Advance New Mexico NOW. It was
followed five days later by another donation of $25,000. It was the largest
PAC donation ever from one of the state’s two largest private prison
corporations. Following those donations, finance reports show that Advance
New Mexico NOW, a supposedly ‘independent’ PAC led by former Republican
District Attorney Matt Chandler (who was later appointed to a judgeship by
Governor Martinez) paid for a Republican mail firm to produce and print 13 new
attack ads. Two of those ads, against former Representative Liz Thompson and
current Representative Stephanie Garcia Richard, were decried in the media as
wholly false. Those ads helped Republicans win control of the State House for
the first time in 60 years. Since then, Republican legislators have
introduced a record number of bills aimed at adding new penalties and prison
sentences to a variety of crimes. “Private prisons house approximately 40% of
New Mexico’s prison population, but stand to lose hundreds of beds, and the
associated dollars, over the next decade if crime prevention, intervention,
and diversion programs are enacted in New Mexico,” said Alex Curtas of ProgressNow NM. “Republicans in Santa Fe,
however, seem more concerned with passing bills to benefit private prisons
than enacting effective policies to combat drug addiction, poverty, and poor
educational outcomes. The House Republican budget raises corrections spending
by 4% but public school spending by only 1%. You need not look farther than
those two numbers to see that the current Republican all-crime-all-the-time
agenda is a political ploy and not a serious policy solution.” ProgressNow
NM’s report on the connection between Geo Group Inc.’s donations and the
current Republican push for pro-incarceration policies can be found below and
also at this link. REPORT: Ahead of GOP’s ‘more prisons’ agenda, private
prison helped fund negative ads against Dems Private prison corporation gives
big to Republicans ahead of ‘more prisons’ agenda Mega-donation helped fund
attack ads against Democrats 93% of GEO Group Inc. donations go to
Republicans Private prison group says more incarceration is needed to
maintain profits New Mexico Republicans buck national trend and call for more
prison terms Reporting from Santa Fe – Just five weeks before House
Republicans seized control of the lower chamber of the state legislature in
November 2014, a Florida-based private prison company quietly donated $5,200
to a Republican Super-PAC which was set to launch a series of high-profile,
and factually inaccurate, negative ads smearing two female incumbent
Democratic representatives in the tightest races that election season. That
initial $5,200 contribution from Geo Group, Inc. came on October 1. It was
followed five days later by another mega-donation of $25,000. It was the
largest PAC donation ever from one of the state’s two largest private prison
corporations. Since those ads helped Republicans win control of the State
House for the first time in 60 years, Republican legislators have introduced
a record number of bills aimed at adding new penalties and prison sentences
to all sorts of crimes. As the party in power, they’ve fast-tracked those
crime bills by sending them to the Senate with little debate from the House –
many do not even have required fiscal impact reports to show how much these
new proposals will cost taxpayers. And they’ve done it at the expense of
other programs. To increase funding to
prisons in a year with zero budget growth, Republicans used budget tools
called “sweeps” to take money from other departments. Offered the chance to add money to
preventive programs like job creation and intervention through amendments to
the budget, Republicans voted no on a Democratic amendment to provide new
funding for family services in CYFD and rural job training programs. Private
prisons house approximately 40-percent of New Mexico’s prison population, but
stand to lose hundreds of beds, and the associated dollars, over the next
decade if crime prevention, intervention and diversion programs are enacted
in New Mexico as they have been in dozens of states across the country. Want
to know how all this came to be?
Here’s what you need to know. “But Chandler’s group got it wrong.” In
week following those donations, finance reports show that Advance New Mexico
NOW, a supposedly ‘independent’ PAC led by former Republican DA Matt Chandler
(he later received an appointment from Governor Martinez for a judgeship) and
charged with attacking Democrats, paid for a DA-area Republican mail firm to
produce and print 13 new attack ads. Just days after those attack ads hit,
newspapers around the state printed stories saying at least two of those
negative attacks designed to help Republicans were based on facts the group
had made up to support their attacks. Election Ad Watch: Attack mailer lies
about state rep’s vote on expunging criminal records.
October 21, 2014 -- The committee, Advance New Mexico Now, says in its direct-mail ad that
Garcia “voted to hide arrest records from employers like daycare centers and
schools.” “It’s a blatant lie,” Garcia Richard said in an interview. Matt
Chandler, a former district attorney in the Clovis area and the unsuccessful
Republican candidate for state attorney general four years ago, is listed on
the mailer as treasurer of Advance New Mexico Now. As evidence to support his
group’s charge against Garcia Richard, Chandler cited her vote on Senate Bill
294, the proposal to expunge certain criminal records. But Chandler’s group
got it wrong. State legislative records show that Garcia Richard voted
against the expungement bill. Another ad accusing Albuquerque State Rep. Liz
Thomson, a Democrat, was also false. Election Ad Watch: Mailer accuses House Dem of robbing school kids
October 9, 2014 --
Nothing may inflame voters more than a claim that
schoolchildren are being shortchanged to pay for lobbyists. Freshman state
Rep. Liz Thomson is the target of just such an advertisement that is at best
deceptive and at worst a lie. But the attacks kept coming. Within another
week, the same PAC had paid Jay McCleskey’s firm more than $20,000 for media
buys. Though his business was supposed to be operating ‘independent’ from
candidates, McCleskey was providing similar campaign services to Republican
candidates up and down the ballot, including Governor Martinez. It has been
widely reported that McCleskey is now the subject of an FBI inquiry into his
fundraising and campaign tactics. GEO Group: Lowering penalties decreases our
bottom line.
Sourcewatch.org noted these items in GEO Group’s SEC
filings: In its filings with the Securities and Exchange Commission, GEO
Group cites some of the following as “risk factors” that may affect its
business and future prospects: “[A]ny changes with
respect to the decriminalization of drugs and controlled substances could
affect the number of persons arrested, convicted, sentenced and incarcerated,
thereby potentially reducing demand for correctional facilities to house
them.”[151] “Reductions in crime rates could lead to reductions in arrests,
convictions and sentences requiring incarceration at correctional
facilities.” To hike up their profits, these for-profit companies now
classify inmates, including those in New Mexico, as “renters” to get the
benefits available to companies that build housing programs. This is so
ridiculous, we’ll just let the Santa Fe New Mexican explain it as they did in
their report from 2013: So you thought that private
prison companies were operating several corrections facilities for the state
of New Mexico? Think again. They are being run by “real estate investment
trusts.” And don’t think of the people living in cells in the private prisons
as “inmates.” Under the new arrangement, at least in the eyes of the federal
tax system, they are “renters” — though New Mexico taxpayers are paying their
“rent.” Both the Florida-based GEO Group, which runs the state prisons in
Hobbs, Santa Rosa and Clayton, and Corrections Corporation of America, a
Tennessee company that operates the state women’s prison in Grants, recently
have been reclassified by the Internal Revenue Service as real estate
investment trusts. Why? To save millions of dollars in taxes… The prisons
operated by GEO have a combined capacity of 2,425 beds. The women’s prison
has a capacity of 611. Private prisons in the state house more than 40
percent of the total number of those incarcerated in state prisons. While
other states embrace prevention, New Mex. Republicans promise to put more
people in prison Those 2014 ads helped Republicans eek out wins in several
close districts, including that Albuquerque district targeted by the GEO
Group-funded Super Pac. Now in the majority, Republicans began setting their
agenda. Since Governor Martinez took office in 2011, 93% of political
contributions from GEO Group have gone to Republican candidates, elected
officials and their PACs. n 2015, a year with no elections, GEO Group
continued to give – now exclusively to Republican legislators and their PACs.
December 5, 2014 -- $3,000 to Don
Tripp Speaker Fund
January 12, 2015
-- $360 to Lea County Republican Party. And even though other states, including deeply conservative Texas, are
closing prisons and embracing intervention and prevention to lower prison
costs, New Mexico’s new Republican leaders are calling for more prisons and
harsher sentences. It all pays off. GEO Group’s investment in attack ads and
Republican candidates has rewarded them with a slew of new prison policies in
one of the only states in the country actually adding prison beds instead of
classrooms, job training or drug intervention programs. From the Jemez Daily
Post in Jemez, NM: There is promise of a boom time for the private prison
industry in our state. The recent push for the Three Strikes and You’re Out
law in New Mexico, while most other states are abandoning it, must be
heartening news for the locally based incarceration corporations. Private
prisons in the state house more than 40 percent of the total number of those
incarcerated in state prisons. For these companies, higher incarceration rates,
longer sentences and lower standards mean higher profits and
multimillion-dollar salaries for their top executives. They spend vast sums
on lobbying efforts and donations to political candidates. They support
politicians who promise to run on platforms of harsher sentencing laws,
reduced parole time, drug criminalization, longer immigration detention and
increased border patrol funding. They also keep their profit margins high by
paying low wages to inexperienced guards, maintaining sub-standard medical care
in filthy conditions and overlooking prevalent sexual abuse.
March 17, 2012 Albuquerque Journal
The companies that operate private prisons where New Mexico state inmates
serve their time have racked up nearly $1.6 million in penalties for
understaffing and other contract violations since the Martinez administration
started cracking down last year. Nearly all of that was attributable to
problems at The GEO Group Inc.’s prison in Hobbs, although the company’s
Clayton prison was recently added to the penalty list. The Corrections
Corporation of America, which operates the women’s prison in Grants, also has
been fined during the past couple of months, mostly for having inmates in the
prison after their release dates. Reversing the practice of the previous
administration, Republican Gov. Susana Martinez decided to pursue the
penalties the state is entitled to impose for contract violations. “In
today’s struggling economy, the people of New Mexico deserve to know the
Corrections Department is running in a fiscally responsible manner,”
Corrections Secretary Gregg Marcantel said this
week in a statement. The department recently revived its Office of Inspector
General to keep tabs on contract compliance. Such fines are discretionary,
and former Democratic Gov. Bill Richardson’s administration gave private
prisons a pass, irking lawmakers who estimated that upwards of $18 million
could have been collected. Richardson’s corrections chief, Joe Williams – who
claimed that estimate was inflated – said that prisons already were paying
substantial overtime costs, that understaffing was largely due to factors
beyond their control, and that the facilities were safe and secure. Williams
worked at Hobbs for GEO’s predecessor company before Richardson hired him,
and he returned to GEO’s corporate offices in Boca Raton, Fla., at the end of
Richardson’s tenure. After negotiations with the Martinez administration, GEO
in January paid a $1.1 million fine for violations at the Lea County
Correctional Facility in Hobbs for the period from January through October of
2011. GEO also agreed to put another $200,000 into recruitment over the
subsequent year. GEO continued to be penalized: $158,529 for November,
$139,621 for December, $78,710 for January and $84,753 for February, according
to documents provided by the department. The February assessment isn’t final
yet, because the company has until late this month to respond to it. The
fines largely were due to vacancies in the ranks of correctional officers and
in noncustodial positions such as teachers, counselors and treatment
providers. Corrections officials have said it’s difficult for the men’s
medium security lockup at Hobbs to recruit and keep corrections officers
because it’s competing with the oil industry. An assessment of $2,570 for
understaffing in January was proposed for GEO’s Northeastern New Mexico
Detention Facility in Clayton, but the problem had been corrected by the time
the department sent a letter to the prison on Feb. 10, and no penalty was
assessed. In early March, however, the department notified the Clayton prison
that it would be fined $5,373 for February, for vacancies in mandatory posts
and for two inmates imprisoned beyond their release date. That penalty is
pending. GEO did not respond to requests from the Journal for comment. The
Corrections Corporation of America, which operates the New Mexico Women’s
Correctional Facility in Grants, was fined $11,779 for January, and $9,974
for February – still pending – for an academic instructor vacancy and for
inmates held beyond their release dates. Inspector General Shannon McReynolds
said that occurs when the required parole plans aren’t developed in a timely
way.
November
20, 2011 Albuquerque Journal
Joe Williams, who was the corrections secretary in the Richardson administration,
is back at work at the Florida-based private prison company that he spared
from paying millions of dollars in penalties for contract violations.
Williams is again employed by The GEO Group Inc., an international firm he
worked for before he was appointed by Gov. Bill Richardson to head the New
Mexico prison system. In New Mexico, GEO operates prisons in Hobbs, Clayton
and Santa Rosa that house inmates under contract with the state Corrections
Department. Williams came under scrutiny from New Mexico legislators last
year for his decision not to fine GEO and another private prison operator for
understaffing. A report by the Legislative Finance Committee at the time said
there were potentially millions of dollars to be collected. The
administration of Republican Gov. Susana Martinez, who took office in
January, has decided to collect some penalties for this year. Corrections
Secretary Gregg Marcantel said last week that GEO
has agreed to pay $1.1 million for understaffing at the Hobbs prison during
2011 and to put another $200,000 into recruitment. The fine will be deducted
from what the state pays the company to run the private prison. Williams
headed the Corrections Department for eight years, through 2010, under
Richardson. Before his appointment, he worked for GEO’s predecessor,
Wackenhut Corrections Corp., as warden of the Lea County Correctional
Facility in Hobbs. Wackenhut was renamed The GEO Group in 2003. GEO was a
contributor to Richardson. It reported giving $10,000 in 2004 to Moving
America Forward, a Richardson political committee. The company also pumped at
least $43,750 into Richardson’s 2006 gubernatorial re-election bid, according
to campaign finance data compiled by the National Institute on Money in State
Politics. And GEO officials and employees gave at least $10,750 in 2007 for
Richardson’s 2008 presidential campaign, according to data from the Center
for Responsive Politics. Richardson, a Democrat, has consistently maintained
that there was no connection between contributions to his political
committees and what happened in state government. Williams is working out of
GEO’s Boca Raton, Fla., headquarters, according to a listing of 2011
associate members of the Association of State Correctional Administrators. A
recent GEO publication identified him as the company’s director of operations
for U.S. corrections. A GEO spokesman last week refused to confirm Williams’
employment or title or provide other information. Pablo Paez
said in an email that the company’s policy is to not comment on employment
matters. Williams could not be reached for comment. Private prison contracts
include required staffing patterns and allow for penalties under certain
circumstances — for example, if more than 10 percent of correctional officer
positions remain vacant for more than 30 days. The Corrections Department
headed by Williams “has chosen not (to) enforce financial penalties for
staffing patterns at the private prisons, which is within the secretary’s
discretion per the contract,” the Legislative Finance Committee staff said in
a September 2010 memo. Based on limited monitoring information from the
Corrections Department — and assuming those vacancy trends existed for the
previous four budget years — the LFC staff estimated that about $18.6 million
could have been collected “if the department had chosen to enforce the
contract.” Williams defended his position in a letter to the interim Courts,
Corrections and Justice Committee two months later. He called the $18.6
million calculation “highly inflated” and said it didn’t take into account
the substantial overtime and other costs paid by the prisons. He said
Corrections Corporation of America, which runs the women’s prison in Grants,
could have been subject to vacancy penalties of about $530,000 for the previous
four years but had paid $2.7 million in overtime during that period. GEO, he
said, could have been subject to $4.3 million in penalties for its three
men’s prisons over the four years, but it paid $3.6 million in overtime to
cover vacancies and another $1.5 million on uncompensated inmate
transportation. The Corrections Department “had no legitimate basis for
collecting any staffing penalties from GEO” during the four-year period,
Williams wrote. Williams also said that it was difficult to recruit employees
in the rural areas where the prisons are located and that the Hobbs facility
additionally “has to compete with the oil industry.” “Because the private
prisons are operating safely and securely, I have chosen to exercise my
executive power, as have all secretaries before me, not to penalize the
private prisons for staff vacancies caused by factors largely beyond their or
anyone else’s control,” Williams wrote in the November letter. Williams had
solicited GEO’s help with making his case a few months earlier, urging
company officials in an August letter to give him staffing data as well as
information about how much GEO paid in taxes and inmate transportation and
how much it had contributed to communities and schools. “This information
could help me defend my position” to lawmakers, Williams wrote. Sen. Cisco
McSorley, D-Albuquerque, an advisory member of the interim Courts,
Corrections and Justice Committee, said it was never clear to him why
Williams didn’t impose penalties. But he criticized the movement of
employees, such as Williams, from the private sector to the public sector,
then back again, as a “built-in conflict of interest” that should be stopped.
“The people who go back and forth come out really well, but the taxpayers are
the ones who aren’t well-served,” McSorley said. Marcantel
said the department plans to look at all vendors, including CCA, to ensure
compliance with contracts.
November
14, 2011 Santa Fe New Mexican
A Florida company will pay New Mexico $1.1 million in penalties for not adequately
staffing a private prison it operates in Hobbs, a state official said. GEO
Group, which manages three of New Mexico's four private prisons, agreed to
pay the settlement last week following a meeting between the corrections
agency and the company's top management, Corrections Secretary Gregg Marcantel said Monday. "They've agreed on it," Marcantel said of GEO. "It's a very fair way of
doing it. They are not completely happy. It needed to be done."
Officials at GEO could not be reached for comment Monday night. GEO will pay
the $1.1 million over several months, the corrections secretary said. In
addition, GEO has agreed to spend $200,000 over the next calendar year to
recruit new correctional officers for the Hobbs facility. By contract, New
Mexico can penalize The GEO Group and Corrections Corp. of America, the two
firms that operate the private facilities, when staffing vacancies are at 10
percent or more for 30 consecutive days. The settlement represents the first
time in years — possibly ever — that New Mexico has penalized the
out-of-state, for-profit companies for not adequately staffing the facilities
they operate. The issue has come up in the past, but state officials said New
Mexico had never levied penalties for understaffing issues. The question
surfaced in 2010 when state lawmakers were struggling to find ways to close a
yawning state budget gap. At the time, the Legislature's budget arm, the
Legislative Finance Committee, estimated Gov. Bill Richardson's
administration had skipped $18 million in penalties by not assessing
penalties against the two firms for inadequate prison staffing levels. The
$1.1 million covers understaffing by GEO at the Hobbs facility for only this
year and was reached after the state corrections agency and GEO spent most of
the summer disputing each other's methodology for computing how much GEO
should be penalized, state documents show. Marcantel
said he could not retroactively penalize the companies for previous years,
but could only go back to the first day of Gov. Susana Martinez's tenure,
Jan. 1. According to state records, of the four privately operated prisons,
Lea County Correctional Facility in Hobbs has struggled the most to keep
correctional officers on the job. The facility's vacancy rate hovered above
20 percent for 12 of the 14 months for which there was data — between January
2010 and March of this year. That includes seven consecutive months —
September 2010 through March 2011 — when the vacancy rate was 25.24 percent,
records showed. Going forward, the state will check monthly to ensure the
four privately operated prisons are adequately staffed, Marcantel
said. "Our new approach, it's not going to be waiting," Marcantel said. "That doesn't motivate" the
companies to keep staffing levels where they need to be, he added. GEO,
headquartered in Boca Raton, Fla., recently reported $1.2 billion in earnings
and $58.8 million in profit through the first nine months of this year,
according to a Nov. 2 release by the company.
December
30, 2010 Albuquerque Journal
The family of an inmate who sued the state prison health services provider
and three wardens claiming he failed to get treatment for colon cancer has
settled the lawsuit filed on his behalf. The inmate, Michael Crespin, died in
July 2008 at age 50 while the litigation was pending in U.S. District Court.
The lawsuit continued with a personal representative for the man's estate.
The amount of the settlement is confidential, and neither Crespin's attorneys
nor Wexford Health Sources Inc., a Pittsburgh-based corporation that
describes itself as "the nation's leading innovative correctional health
care company," had any comment on it. A stipulated motion to dismiss the
lawsuit was filed with the court Nov. 29. In court documents, Wexford denied
any wrongdoing, or that any actions by its employees constituted cruel and
unusual punishment prohibited by the Eighth Amendment to the Constitution, as
Crespin had claimed.
October
28, 2009 The New Mexican
The state of New Mexico would have to shutter two prisons, give early releases
to up to 660 prisoners and lay off and furlough Corrections Department
employees if Gov. Bill Richardson signs budget cuts approved by the
Legislature, his office said Wednesday. Richardson's office raised that grim
possibility as his staff analyzes the impact of $253 million in spending cuts
legislators passed during a special session last week to deal with a revenue
shortfall. His administration on Monday had said other cuts approved by the
Legislature could mean the state Human Services Department would reduce
children's health care, nutrition programs for seniors and programs for the
developmentally disabled, if he were to sign the measures. But lawmakers say
they won't be blamed for decisions that are now up to Richardson. "He
wants it to seem like we're making the decisions," said House Minority
Whip Keith Gardner, R-Roswell. "But he's making the calls where he wants
to cut. He's making that decision." The Corrections Department said that
in order to meet $21 million in budget cuts, it would have to close the
Roswell Correctional Center in Hagerman and the New Mexico Women's
Correctional Facility in Grants. About 270 inmates are incarcerated at the
state-operated Roswell facility, while about 590 are housed in the Grants
facility, which is operated by the Corrections Corporation of America. The
state would have to cancel its contract with the company.
January
19, 2009 Santa Fe New Mexican
A director of a foundation established by Gov. Bill Richardson — which
collected more than $1.7 million from undisclosed contributors — once worked
as a lobbyist for a corporation that manages private prisons for the state.
Joe Velasquez, a former senior adviser for Richardson's presidential
campaign, in 2006 was a registered lobbyist in the state for GEO Care Inc.,
which at the time managed the troubled 230-bed Fort Bayard Medical Center
east of Silver City. GEO Care is part of a private prison corporation that
runs several New Mexico prisons and which has contributed tens of thousands
of dollars to Richardson's campaigns and other political activities. GEO
discontinued the Fort Bayard contract last year by mutual agreement with the
state. Velasquez was one of several members of Richardson's political team
listed as a director of the Moving America Forward Foundation, which was
formed as a public charity more than four years ago, about the same time
Richardson started a similarly named political action committee, Moving
America Forward. Both had the stated goal of increasing voter participation
among Hispanics and Native Americans. Word of the foundation's fundraising
efforts comes during an ongoing federal pay-to-play investigation that
derailed Richardson's nomination for U.S. Commerce secretary. His
administration also has been accused by a former state investment official —
described by a Richardson spokesman as a "disgruntled former employee''
— of applying political pressure in investments by the State Investment
Council and the New Mexico Educational Retirement Board. Unlike the Moving
America Forward PAC, the foundation legally does not have to list individual
contributors or expenditures. However, the director of New Mexico Foundation
for Open Government said Monday that it would be wise for the foundation to
disclose its donors. "There's two stories now — what the foundation was
doing and the secrecy story," Leonard DeLayo
Jr. said. In cases like this, the "secrecy story" usually is worse
than the actual facts of who contributed and where the money was spent, he
said. On Monday, the chairman of the state Republican Party called upon
Democrat Richardson to disclose the donors. "Bill Richardson and his
campaign workers are fighting to keep the identity of their donors secret,
and New Mexicans want to know why," Harvey Yates said in a written
statement. "Richardson can't pretend to support ethics reform in the
state legislature while refusing to disclose his own financial contributors.
... At a minimum, Gov. Richardson should disclose any and all donors who have
ever received New Mexico state contracts. That's the biggest question.
Scandal is epidemic in New Mexico politics right now. Sunshine is more
important than ever." Asked whether Richardson thought it would be a
good political move to disclose the contributors, spokesman Gilbert Gallegos
replied in an e-mail, "I am not familiar with details of the Foundation
or its donors as it was not related to state government and it did not do
work in the state of New Mexico." A copyrighted story in The Albuquerque
Journal said Velasquez, when asked about his role in the foundation, said,
"I had nothing to do with the foundation. I ran the MAF (Moving America
Forward) Committee." He couldn't be reached for comment Monday. The GEO
Group contributed $43,750 to Richardson's 2006 re-election campaign. Two
other GEO lobbyists registered in the state contributed a total of $7,500 to
Richardson's 2006 race. And while Richardson was chairman of the Democratic Governor's Association, GEO kicked in $30,000 to that
organization (though it contributed more than $90,000 to the Republican
Governor's Association during those years). GEO and its board chairman George
Zoley kicked in another $15,000 for Richardson's
2007 inauguration. The company's political action committee and GEO
executives contributed a total of $16,500 to Richardson's presidential
campaign. Richardson spokesmen have repeatedly denied any link between GEO's
contributions and the company's lucrative business with New Mexico. In 2006,
the contracts were estimated at $38 million. Since then, GEO began managing
the new prison in Clayton. According to the Secretary of State's Office
lobbyist index, GEO has no registered lobbyists in the state.
July
12, 2008 Santa Fe New Mexican
Back in 2002, when Democrat Bill Richardson was running for his first term as
governor, the company then known as Wackenhut, which ran two private prisons
in New Mexico, donated $1,000 to his Republican opponent, John Sanchez — and
nothing to Richardson. Things have changed. According to The Institute of
Money in State Politics, in 2006 The GEO Group, which is the name Wackenhut
now goes by, contributed $43,750 to Richardson's re-election campaign. In
fact, Richardson, by a wide margin, received more money from GEO than any
other politician nationwide running for state office in 2006. In contrast,
Charlie Crist, governor of Florida, where GEO is headquartered, received only
$1,500 from GEO. (Florida, unlike New Mexico, has campaign contribution
limits.) And it dwarfs the money that the company contributed to former Gov.
Gary Johnson, who first brought Wackenhut to the state. Johnson's 1998
re-election campaign received a total of $9,000 from Wackenhut and its chief
executive officer, Wayne Calabrese. But that's not the last of the GEO money
Richardson has received. According to the OpenSecrets.org database, which
tracks contributions to federal races, the corporation's PAC donated $7,000
to Richardson's presidential campaign (which refunded $2,000 in February
after his campaign folded.) Again, Richardson was GEO's favorite candidate.
GEO's PAC gave only $5,000 each to the campaigns of Hillary Clinton, John
McCain, Rudy Giuliani and Mike Huckabee. Richardson's presidential campaign
received another $9,500 from GEO executives. The only other candidate to
receive any money from GEO employees is Barack Obama, who has received a
total of $2,000 — all of which came only after Richardson dropped out of the
race. Because New Mexico's disclosure laws don't require that campaign
contributors identify the companies they work for, it's difficult to identify
GEO employees who have contributed to state races. But two GEO lobbyists
registered in the state contributed. Jorge Dominicis
gave $2,500 to the governor's 2006 re-election, while Diane Houston
contributed $5,000 to Richardson's 2006 race. And while Richardson was chairman
of the Democratic Governor's Association, GEO
kicked in $30,000 to that organization (though it contributed more than
$90,000 to the Republican Governor's Association.) Richardson spokesman
Gilbert Gallegos said last week that campaign contributions have nothing to
do with GEO's presence in the state. Asked whether the governor is proud of
being the top recipient of campaign funds from a private prison company,
Gallegos said the question is "ludicrous and not worth addressing."
Richardson is not the only New Mexico politician to get money from GEO. In
fact, only one state received more GEO campaign money than New Mexico in
2006. That's the company's home state of Florida, where GEO contributed
$395,925. All but about $20,000 of that went to political parties (with
Republicans getting about 85 percent of the contributions). In 2006, GEO gave
$66,450 to New Mexico state candidates other than Richardson. In state races,
the company gave $20,000 to the Democratic primary campaign of attorney
general candidate (and Richardson protégé) Geno Zamora; $10,000 to Gary King,
who beat Zamora in the primary; $2,500 to King's Republican opponent, Jim
Bibb; $8,000 to Lt. Gov. Diane Denish; and $2,500
to State Auditor Hector Balderas. In New Mexico federal races this year, GEO
has given $2,300 to Ben Ray Luján's 3rd
Congressional District race and $1,000 to 2nd Congressional District
Democratic candidate Harry Teague. The company contributed $2,500 to Michelle
Lujan Grisham's unsuccessful congressional campaign in October, but the
campaign refunded the contribution in March. Grisham, a former state Health
Department secretary, said last week that it wasn't GEO's prison contracts
that concerned her as much as the company's $3.5 million contract to run the
long-troubled Fort Bayard Medical Center, a state nursing home near Silver
City. GEO terminated the contract last month. The federal government
decertified the facility earlier this year after inspectors found problems
with infection control, food preparation and response to reports of abuse. In
2006, GEO's PAC gave congressional candidate Patricia Madrid $10,000 and U.S.
Sen. Jeff Bingaman $1,000. Campaign contributions aren't the only way the
company has helped New Mexico politicians. In 1998, Wackenhut hired then
state Senate President Pro Tem Manny Aragon as a
"consultant." Aragon ended his Wackenhut employment after receiving
intense criticism from both parties. While GEO is the private prison company
that gives the most to New Mexico candidates, it's not the only one. The PAC
for Tennessee-based Corrections Corporation of America — which runs the New
Mexico Women's Correctional Facility in Grants as well as county jails in
Cibola and Torrance counties — gave $5,000 to Richardson's presidential
campaign last September. He was the only Democrat to get money from the CCA,
which also gave $5,000 each to Republicans McCain and Fred Thompson.
Richardson also received $1,000 from Jimmy Turner, a CCA vice president. CCA
also gave congressional candidate Ben Ray Luján
$1,000 in March. In 2006, CCA gave $1,000 to Heather Wilson's 1st
Congressional District campaign. In 2006, CCA gave New Mexico politicians a
total of $18,700, $5,000 of which went to Richardson. Eighty percent of CCA's
New Mexico contributions went to Democrats. Prison services contractors also
contribute to politicians in the state. Aramark Corp., which has a contract
with the state to provide food for prisons, gave $25,000 for Richardson's
last race for governor and $30,000 for his running mate, Denish.
Last year, the corporation gave Richardson $5,000 for his presidential race.
(Aramark contributed $6,850 to Clinton.) The Bantry Group, the
Pittsburgh-based parent company of Wexford Health Sources, which the state
contracted to deliver prison medical services, contributed $10,000 to
Richardson's gubernatorial race in 2006. Wexford Health CEO Kevin Halloran
gave Richardson another $10,000 in 2005. Ironically, in 2004 Richardson
returned a $10,000 donation from Bantry to his PAC, Moving America Forward,
because, a spokesman said, the contribution was made while Wexford was being
considered for the state contract. The contribution was returned "to
avoid even the appearance of impropriety," the spokesman said. Wexford's
contract was terminated in 2007 after a Legislative Finance Committee audit
found serious problems with its performance delivering health care to
inmates.
November
2, 2007 AP
Democratic presidential candidate and New Mexico Gov. Bill Richardson has
tapped into a pipeline of campaign cash from those who lobby government in
his home state. Critics say the contributions raise questions about whether
Richardson has used his leverage as governor to help fund his presidential
aspirations, and whether his presidential campaign has become another avenue
for state lobbyists to curry favor. Richardson, however, maintains that
campaign contributions don't influence him. "There's no connection
between donations and what happens in state government. That's always been an
established principle," Richardson said at a recent news conference.
Richardson has collected about $167,000 from lobbyists registered in the
state and nearly $403,000 from executives and employees of companies and
organizations represented by lobbyists during the first nine months of the
year, according to a review of campaign finance reports by The Associated
Press. Richardson also received $22,000 from political action committees
affiliated with companies and organizations with lobbyists in New Mexico. The
combined contributions from state lobbyists and their clients account for 3
percent of the $18.5 million in total contributions received by the
Richardson campaign through September. "It clearly has the appearance of
a conflict of interest," said Ben Luce of Santa Fe, a clean energy
advocate who had a falling out with the Richardson administration this year
and has formed a group to fight what he views as undue corporate influence
over policymaking in the state. "There appears to be a pay-to-play
situation occurring because people who do make significant donations seem to
be the ones getting favors, either contracts or favorable legislation."
Another big source of campaign money has been state workers who have
contributed at least $468,000 - more than any other group of individuals when
totaled by their employer. Richardson also has received at least $89,000 from
federal lobbyists and lobbyists from outside of New Mexico, according to the
Center for Responsive Politics. Among the contributions to Richardson: -
About $30,400 from executives and a state lobbyist for the media and
entertainment company, Lionsgate. The state offers tax incentives and
interest-free loans for films shot in New Mexico. Lionsgate has done several
productions in the state and the company is planning a studio near
Albuquerque. - Nearly $25,000 from executives, officers and state lobbyists
for ValueOptions, which has a contract to manage
mental health and substance abuse services for the state. The chairman of the
company, Ron Dozoretz, and his wife, Beth, each
contributed the maximum amount of $4,600 to Richardson and hosted a
fundraiser for him earlier this year. They are friends of Richardson,
according to a campaign spokesman. The Virginia-based company won the state
contract in 2005 after a competitive bidding process. - About $19,700 from
executives, lobbyists and a PAC of the state's largest electric utility,
Public Service Company of New Mexico. Richardson used one of the utility's
lobbyists as an on-loan staffer during this year's legislative session. The
lobbyist didn't receive a state salary and remained on the utility's payroll
while he worked in the governor's office from mid-November until April.
However, the arrangement didn't violate any laws, according to the state's
attorney general. - About $16,000 came from executives, a state lobbyist and
a political action committee affiliated with the GEO Group Inc., which was
paid $41 million by the state last year for housing inmates in its privately
operated prisons in New Mexico. The state started using the Florida-based
company's prisons before Richardson took office. However, another
GEO-operated prison is under construction and the state plans to house
inmates in it. The Richardson administration contracted with the company in
2005 to manage a long-term care and rehabilitation medical center. Several
presidential candidates have blamed the influence of lobbyists and corporate
interests for a lack of progress on health care and other issues in
Washington.
August
24, 2007 AP
The Albuquerque businessman implicated in a courthouse construction scheme
that cost taxpayers more than $4 million has worked on public projects around
New Mexico for years. Michael Murphy, 58, was indicted by a federal grand
jury Thursday on charges of conspiracy, mail fraud and money laundering for
his alleged role in a scheme that used inflated contracts and change orders
to skim money from the construction of the $83 million Bernalillo County
Metropolitan Courthouse. The Albuquerque Journal reported in a copyright
story published Friday that Murphy had powerful friends, including former
state Sen. Manny Aragon, who is also charged in the courthouse scandal.
Murphy bought a home from Aragon last year. Murphy's work includes the
Bernalillo County Metropolitan Detention Center, renovations to the downtown
jail, the Metropolitan Courthouse and a student center at Highlands
University in northern New Mexico. In 2004, Bernalillo County signed another
contract with Murphy's company for "construction administration services
as needed." The deal, which expires in 2008, allows Murphy's Public
Private Projects Inc. to work on a variety of county projects. His company
has been paid about $1.1 million altogether for its work on the county jails
and other county projects. Murphy, who once served on the board of the
Albuquerque Metropolitan Arroyo Flood Control Authority, had his beginning in
the 1970s in the homebuilding industry. He went on to work for high profile
clients, including private prison operator Wackenhut Corrections Corp.
May
24, 2007 The New Mexican
New Mexico pays significantly more than nearby states to house inmates in
private prisons, according to a report presented Wednesday to state
lawmakers. The 100-page audit by a Legislative Finance Committee review team
says New Mexico's private-prison spending rose 57 percent in the past six
years, while the inmate population increased only 21 percent. "Business
decisions across two administrations may result in New Mexico paying an
estimated $34 million more than it should pay for private prison construction
costs," the report says. But Corrections Secretary Joe Williams defended
the private prisons, saying the higher operating costs are justified. The
major private prison operator in the state is The GEO Group, which operates
facilities in Hobbs and Santa Rosa and will operate a prison being built in
Clayton. GEO, formerly known as Wackenhut, was brought in to manage private
prisons by former Gov. Gary Johnson and has been embraced by Gov. Bill
Richardson. New Mexico pays nearly $69 a day per inmate at the private prison
in Hobbs and more than $70 at the prison in Santa Rosa. In Texas, the cost is
$34.66 a day. Colorado pays $50.28 a day for inmates at private prisons. In
Oklahoma, the rate is $41.23. Other states listed in the study include Idaho,
$42.30, and Montana, $54.58. The LFC recommends New Mexico restructure its
contracts with GEO for the existing facilities.
May
23, 2007 KOAT TV
Target 7 has uncovered a state report that said New Mexico's Corrections
Department costs taxpayers millions more than it should. The investigation
began more than a year ago, Action 7 News reported. Target 7 looked into the
relationship between the state corrections department and the GEO Group, a
private company that runs two state prisons with another one in the works.
The lease to run a third prison is a central part of an audit released on
Wednesday, that said while New Mexico's prisons are doing better than in the
past, the state is paying too much for what it gets. The audit also found the
corrections department is overpaying for private prison costs and for health
care. But the state is in the process of negotiating with a new company for
prison health care. The audit highlights the state's lease agreement to put
inmates in a new prison in Clayton, N.M. The state's lease with GEO Group
pays not just for prisoners but also for the cost to build the prison. The
audit said the department would pay $132 million, nearly twice the cost of
construction. That's because the deal was done last fall, just weeks before
New Mexicans voted to let the state lease with an option to buy. The lease is
just a small part of the audit, but it's a sign the legislature may be
keeping a closer eye on the business of New Mexico's prisons. Secretary Joe
Williams takes issue with the report, but he said there are positive
suggestions in it. The department plans to sit down with some of the private
companies running half of New Mexico's prisons to talk about restructuring
lease agreements.
March
30, 2007 AP
Manny Aragon ran the Senate for more than a decade as its top leader and the
Albuquerque Democrat reigned as one of the most powerful political figures in
New Mexico. However, his political legacy was clouded Thursday by federal
indictments alleging that he received $700,000 in payoffs as part of a
conspiracy with others to inflate contracts in the construction of an
Albuquerque courthouse that the state helped finance. The payments allegedly
were made to Aragon while he served in the Senate as well as after he
resigned in mid-2004 to become president of New Mexico Highlands University.
Aragon, a lawyer, was charged with 14 counts of conspiracy, mail fraud and
money laundering in the federal investigation of corruption in the
construction of the $83 million Metropolitan court building and a parking
garage. Prosecutors allege that Aragon helped obtain financing for the
project and received payments from contractors. The indictment contends that
Aragon played a role in selecting contractors and subcontractors. Aragon, who
turned 60 last week, did not immediately return a telephone message seeking
comment. The federal charges against the high-profile Democrat were announced
as the Senate was meeting in a special session. Rumors that indictments were
imminent swirled throughout the Capitol in the hours before prosecutors
disclosed the charges against Aragon and three others. In addition, three
people — including a well-known lobbyist and former Albuquerque mayor —
entered guilty pleas in the corruption case. Sen. Tim Jennings, D-Roswell,
who served with Aragon for 25 years, said, "I certainly hope it's not
true, but the indictment looks very damaging." Jennings cautioned that
the indictment represents just "one side" and only the information
supplied by prosecutors. But he said, "It's a sad day, if it happens to
be true." The indictment of Aragon could increase pressure on lawmakers
to revamp New Mexico's ethics laws. The state, for example, requires very
limited disclosures by legislators and other elected officials of their
finances, such as assets and liabilities. Five counts against Aragon involve
transfers of more than $400,000 to a bank and another company. Chris Atencio,
the acting executive director of the Republican Party of New Mexico, said,
"It's tangible evidence that the cancer of public corruption has existed
far too long in New Mexico. As was widely suspected, it involved some elected
officials. Today's actions are long overdue." The indictments on
Thursday represent the second large federal corruption prosecution in two
years. Former state treasurer Robert Vigil was arrested in 2005 and convicted
last year of attempted extortion. His predecessor, Michael Montoya, pleaded
guilty to extortion in a kickback scheme involving state investments. Aragon
served as Senate president pro tem from 1988 until
2001, when he was ousted when three Democrats joined with Republicans to
remove him from the chamber's top leadership post. However, Aragon reclaimed
a leadership job 10 months later when Senate Democrats named him majority
floor leader. He left the Senate in mid-2004 to become president of New
Mexico Highlands University. His tenure at the university — like his years as
Senate leader — were marked by controversy because of his autocratic style.
The school paid Aragon $200,000 to buy out his contract last year. Aragon
drew criticism for his rocky relationship with faculty, his failure to clear
major contracts with the board of regents and a president's fund that allowed
Aragon to spend money at his discretion. In the Senate, Aragon was known for
his extensive knowledge of the state budget — he was a key architect of the
yearly spending blueprint to finance government operations — and his
bare-knuckled leadership style in pushing through favored bills. Former Gov.
Gary Johnson, a Republican who fought with Aragon and other Democrats
throughout his eight years in office, once described Aragon as a tyrant.
Aragon faced ethics questions in the late 1990s when he became a paid
consultant to a private prison company that did business the state. He
resigned from the position in 1999, but maintained he had no conflict of
interest in dealing with prison issues in the Legislature because his work
for the company, then known as Wackenhut Corrections Corp., involved matters
outside of New Mexico.
March
15, 2007 AP
Gov. Bill Richardson signed into law on Thursday a $5.6 billion budget to pay
for public education and general government operations next year, but used
his veto powers to trim some spending. The budget provides for a nearly 11
percent increase in spending in the fiscal year that starts July 1. The
governor trimmed about $57 million in total spending from the bill. Of that,
about $28 million was from the main budget account for ongoing programs and
agency operations and slightly more than $3 million was for one-time spending
projects. Among other vetoes: _$250,000 for salary increases at privately
operating prisons in Hobbs and Santa Rosa used by the state to house male
inmates and a private prison in Grants for women inmates.
January
13, 2007 The New Mexican
New Mexico's use of jails run by companies is the highest in the country --
and rising -- but do they live up to their promises? New Mexico leads the
nation on another list: We're No. 1 in using private prisons to house
inmates. The latest U.S. Justice Department statistics, published in a study
called Prisons in 2005, showed 43 percent of New Mexico prisoners were in
private lockups. That's well ahead of the 6 percent national rate for
privately held state prison inmates. And the percentage in New Mexico is
bound to rise even higher in the near future. Cells built during a spurt of
prison construction under the previous state administration have become
crowded, and the state Corrections Department next year plans to add 240 beds
to the Guadalupe County Correctional Facility near Santa Rosa. By the end of
2008, a planned 600-bed private prison is scheduled to open in Clayton. Most
of the prisoners in that facility will be state inmates, corrections
officials say. The operator for both of these prisons is The GEO Group,
formerly known as Wackenhut. The Camino Nuevo Correctional Center in
Albuquerque -- operated by Correction Corporation of America -- opened in
July. The minimum-security Springer Correctional Center, scheduled to open early
this year, will be operated by the state. It will house up to 220 inmates.
This year, the department is asking the Legislature for an additional $37.2
million, primarily for inmate population growth, Corrections Department
spokeswoman Tia Bland said. The department's current general fund budget is
$240.7 million. While New Mexico leads the pack, it's not alone in the prison
privatization trend. Nationwide in 2005, the percentage of inmates in private
facilities rose by 8.8 percent. Santa Fe lawyer Mark Donatelli,
a longtime opponent of prison privatization, contends not much good has come
from depending on private operators. ``I think of the trail of lawsuits we've
been inundated with -- Wackenhut, Cornell, MGC,'' he said, listing companies
that have done business in the state. Governments, Donatelli
said, were ``lured in with the promise of indemnification.'' While nobody
ever promised an end to lawsuits over prison violence and other alleged
wrongs, Donatelli said, privatization ``was
supposed to get cities and states off the hook. But it hasn't worked out that
way. Insurance companies still end up paying, but government officials still
find themselves spending time at depositions and trials. And the government
is still held accountable in the public eye. Privatization was supposed to
wash the stench of prisons off the government. But the stench is still
there.'' Letting private companies run correctional facilities means the
government ends up with fewer experts qualified to monitor jails and prisons,
Donatelli said. ``Look at how (Santa Fe County) is
struggling,'' Donatelli said. For about 20 years,
the county paid private contractors to operate its jail. In October 2005,
after the last private firm ended its contract, county officials decided not
to seek a new operator. Two months ago, the jail had a management shake-up.
Cost questions. When asked about New Mexico's reliance on private prisons,
Gilbert Gallegos, a spokesman for Gov. Bill Richardson, noted Richardson
``inherited all of the existing private prisons.'' The state started using
private corrections companies under Richardson's predecessor, Gary Johnson, a
Republican advocate of privatizing government functions. In the mid-1990s,
Wackenhut was contracted to build and run private prisons in Hobbs and Santa
Rosa. Gallegos also said GEO and other current private prison contractors
have done a good job under Richardson's watch, and thus the governor endorsed
the new facility in Clayton -- a GEO project -- as well as expansion of the
Santa Rosa prison. ``The governor would rather spend one-time capital funding
on schools and other priorities,'' Gallegos said. ``Private contracts allow
the state to lease prison space without burdening taxpayers with the upfront
costs of building new prisons.'' But do private prisons actually save the
state money, as advocates insist? That's the subject of an ongoing debate, a
question that hasn't been settled after 12 years. Efforts to reach spokesmen
for GEO were unsuccessful, but the company claims on its Web site that it
saves governments money in prison design and construction. ``The traditional
governmental method of linear and time-consuming contracts for the design and
then the construction of a facility is thrown out in favor of a fast-track,
design-build approach backed by a fully guaranteed, firm, fixed-fee
contract,'' the Web site says. Private prisons, GEO says, also save money by
``designing out staffing redundancies'' and ``elimination of employee sick
time and overtime abuses.'' But analysts at the Legislative Finance Committee
point out an independent board of inquiry that studied private prisons
following the slaying of a prison guard in the Santa Rosa prison was unable
to answer the question of whether private prisons save money. Comparing costs
of private and state-operated prisons is complicated by the fact that all New
Mexico's maximum-security inmates -- who cost more to house because of the
need for constant supervision -- are only in state-run facilities. One
Legislative Finance Committee analyst, who asked not to be named, said
relying too much on private prisons has meant the state has gotten away from
planning to deal with capacity problems. ``When they get overcrowded, the
private companies come along and say, `We'll take care of it for you,' '' the
analyst said. The Legislative Finance Committee recently started an audit of
prisons to see how much, if any, money is being saved. Political cash.
Although Donatelli doesn't like private prisons, he
quipped they have a silver lining: ``There's one group that's really
benefited from private prison, and that's the politicians who've gotten
enormous campaign contributions from the private prison companies.'' Although
the Governor's Office has long insisted no connection exists, GEO, which
still has the lion's share of private prisons in New Mexico, has become a big
player in campaign contributions for New Mexico politicians. In this past
election cycle, the GEO Group contributed about $80,000 to candidates running
for state office in New Mexico. The biggest beneficiary was Gov. Bill
Richardson, who has collected $42,750 from the company since 2005. According
to The Institute of Money in State Politics, Richardson received more money
from GEO than any other politician nationwide running for state office in 2006.
GEO even was listed among sponsors in the program of Richardson's recent
inauguration. The company donated between $5,000 and $10,000 for the event,
said Richardson's campaign manager, Amanda Cooper. In addition, GEO this year
donated $30,000 to the Democratic Governors Association, which until recently
Richardson headed -- although the company contributed $95,000 to the
Republican Governors Association last year. GEO also has given $8,000 to
Richardson's running mate, Lt. Gov. Diane Denish,
in the current election cycle. Denish got $500 from
the company in the 2002 election cycle. The state pays GEO about $38 million
a year -- about $25 million to run the Hobbs prison and $13 million for the
prison in Santa Rosa. The Clayton prison will have about the same number of
beds as the one in Santa Rosa. Also, the state awarded a GEO subsidiary a
contract last year to manage the troubled, 230-bed Fort Bayard Medical Center
east of Silver City and to build a $30 million replacement hospital with the
help of tax-exempt bonds.
December
13, 2006 Santa Fe Reporter
After two troubled years of administering health care in New Mexico’s
prisons, Wexford Health Sources will lose its multimillion-dollar contract
with the state. Wexford has been the subject of a five-month investigative
series by this paper. Now, SFR has learned that on Dec. 8, Gov. Bill
Richardson ordered the New Mexico Corrections Department (NCMD) to
immediately begin the search for a new health care provider. “The governor
has directed the Corrections Department to develop and implement immediate
and long-term options for improving health care quality at the state’s
correctional facilities,” Richardson spokesman Gilbert Gallegos says. “Those
options are expected to include sanctions and seeking another provider—which
basically means the Corrections Department will be crafting a request for
proposal [RFP] to solicit a new vendor. They’re working out the terms of the
RFP now and will most likely be terminating the contract with Wexford.”
Wexford’s contract expires in June 2007, Gallegos says. SFR has repeatedly
and exclusively published allegations by current and former Wexford employees
regarding inmate care [Cover story, Aug. 9: “Hard Cell?”]. Those accounts
focused on dangerously low medical staffing levels at the nine correctional
facilities where Wexford operates; Wexford’s refusal to grant chronically ill
inmates critical, off-site specialty care; and systemic problems in
administering prescription medicine to inmates. Gallegos says the governor
learned about the problems with Wexford through SFR’s stories. “The governor
had been concerned about the quality of care delivered in the correctional
facilities and directed the Corrections Department to increase oversight of
Wexford,” Gallegos says. “Corrections was doing that, but it appeared that
many of those deficiencies were not being corrected.” Wexford, which also
administers health care in facilities run by the New Mexico Children, Youth
and Families Department (CYFD), will lose those operations as well, Gallegos
says. Wexford began working in New Mexico in July 2004, after signing a $27
million contract with NMCD. The Pittsburgh-based company has also lost
contracts in Wyoming and Florida because of similar concerns over health
care. SFR also learned this week that Dr. Phillip Breen, Wexford’s regional
medical director in New Mexico, has resigned, effective Dec. 31. In addition,
a dentist at a state prison in Hobbs tells SFR that facility is so
understaffed that inmates sometimes wait up to six weeks to receive important
dental care. Dr. Ray Puckett, who has been working as a part-time dentist at
Lea County Correctional Facility (LCCF) in Hobbs for approximately one year,
alleges that some inmates are suffering because the backlog to receive dental
treatment is so massive. “I’ve heard about inmates pulling their own teeth
after months and months. I’ve heard about inmates saying, ‘I just can’t stand
it anymore,’” he says. Puckett says Wexford should have hired a full-time
dentist at LCCF because so many inmates require medical attention to take
care of abscesses, cavities, tooth extractions and other painful dental
problems. Puckett works at the facility only one day a week, during which he
typically sees up to 16 patients. He says that Wexford also has another
dentist who will occasionally work one day a week at the facility. “What we
have now is a poorly run operation. It’s grossly understaffed and
disorganized. And it ends up being unfortunate for the inmates,” Puckett
says. Wexford Vice President Elaine Gedman did not
respond to e-mails and phone calls from SFR. Corrections spokeswoman Tia
Bland says NMCD is not aware of a backlog of dental patients at LCCF, but
will look into it. She adds that Wexford is only required to have a dentist
at LCCF for two days a week. With regard to the governor’s action against
Wexford, Bland says: “It’s a fact. Wexford has not met its contractual
obligations to the Department, and that’s something we can’t ignore. We have
to do something about it. We will be putting a plan in place.” In the coming
year, both Wexford and NMCD are slated for an extensive audit by the
Legislative Finance Committee. The audit was the result of a hearing on
Wexford by the Legislature’s Courts, Corrections and Justice Committee in
October. The hearings also were held in response to reports in this paper
[Outtakes, Oct. 25: “Medical Test”]. It’s now unclear whether the audit will
still take place. As for Puckett, he has considered leaving his post because
of what’s happening at LCCF. A veteran of correctional health care, he also
worked for Wexford’s predecessors, Addus HealthCare
and Correctional Medical Services. In his estimation, both companies, which
operate to make a profit like Wexford, cared more about the inmates’ physical
well-being and were willing to sacrifice dollars to ensure that medical
problems were treated expeditiously. Says Puckett: “It is my sense that
Wexford doesn’t care what sort of facility they run. Everything is run on a
bare-bones budget. They’re in it to make money.” Not anymore. When asked
whether there was any chance at all that Wexford could remain in its current
capacity at NMCD or CYFD, Richardson spokesman Gallegos responded: “They’re
done. The governor’s intention is to replace Wexford with a new company. We
expect to have a new provider in a reasonable amount of time.”
November
22, 2006 Santa Fe Reporter
The medical director of a state prison in Hobbs has stepped down from his
post less than a month after a legislative committee requested an audit of
the corrections health care in the state. Dr. Don Apodaca, medical director
of Lea County Correctional Facility (LCCF), turned in his resignation on Nov.
6 due to concerns that inmates there are not receiving sufficient access to
health care. According to Apodaca, sick inmates are routinely denied off-site
visits to medical specialists and sometimes have to wait months to receive
critical prescription drugs. Apodaca blames the policies of Wexford Health
Sources, the private company that contracts with the state to provide medicine
in New Mexico’s prisons, for these alleged problems. Wexford has been the
subject of a four-month SFR investigation, during which a growing number of
former and current employees have contended that Wexford is more concerned
with saving money than providing adequate health care, and that inmates
suffer as a result. On Oct. 24, the Legislative Finance Committee (LFC)
tentatively approved an audit that will assess Wexford’s contract with the
New Mexico Corrections Department (NMCD) and also evaluate the quality of
health care rendered to inmates [Outtakes, Nov. 8: “Prison Audit Ahead”].
LCCF’s medical director since January 2006, Apodaca is one of the
highest-ranking ex-Wexford employees to come forward thus far. His
allegations of Wexford’s denials of off-site care and the delays in obtaining
prescription drugs echo those raised by other former and current employees
during the course of reporting for this series [Cover story, Aug. 9: “Hard
Cell?”]. Specifically, Apodaca says he personally evaluated inmates who
needed off-site, specialty care, but that Wexford consistently denied his
referrals. Apodaca cites the cases of an inmate who needed an MRI, another
inmate who suffered from a hernia and a third inmate who had a cartilage tear
in his knee as instances in which inmates were denied off-site care for
significant periods of time against his recommendations. When inmates are
actually cleared for off-site care in Albuquerque, they are transported in
full shackles without access to a bathroom for the six- to seven-hour trip,
Apodaca says. “Inmates told me they aren’t allowed to go to the bathroom and
ended up soiling themselves,” he says. “The trip is so bad they end up
refusing to go even when we get the off-site visits approved.” When it comes
to prescription drugs, there also are significant delays, Apodaca says.
Inmates sometimes wait weeks or even months for medicine used for heart and
blood pressure conditions, even though Apodaca says he would write orders for
those medicines repeatedly. “Wexford was not providing timely treatment and
diagnoses of inmates,” he says. “There were tragic cases where patients
slipped through the cracks, were not seen for inordinately long times and
suffered serious or fatal consequences.” Apodaca says he began documenting the
medical problems at the facility in March. After detailing in writing the
cases of 40 to 50 patients whom he felt had not received proper clinical
care, Apodaca says he alerted Dr. Phillip Breen, Wexford’s regional medical
director, and Cliff Phillips, Wexford’s regional health services
administrator, through memos, e-mails and phone calls. In addition, Apodaca
says he alerted Wexford’s corporate office in Pittsburgh. Neither Breen nor
Phillips returned phone messages left by SFR. Apodaca says he also informed
Devendra Singh, NMCD’s quality assurance manager for health services.
According to Apodaca, Singh assured him that he would require Wexford to look
into the matter, but Apodaca says he never heard a final response. “Wexford
was simply not receptive to any of the information I was sending them, and I
became exasperated,” he says. “It came to the point where I felt
uncomfortable with the medical and legal position I was in. There were
individuals who needed health care who weren’t getting it.” Singh referred
all questions to NMCD spokeswoman Tia Bland; Bland responded to SFR in a Nov.
20 e-mail: “If Don Apodaca has information involving specific incidents, we
will be happy to look into the situation. Otherwise, we will wait for the
LFC’s audit results, review them and take it from there.” Wexford Vice
President Elaine Gedman would not comment
specifically on Apodaca’s allegations. In a Nov. 20 e-mail to SFR, she wrote
that Wexford will cooperate with the Legislature’s audit and is confident the
outcome will be similar to the 14 independent audits performed since May 2005
by national correctional organizations. “Wexford is proud of the service we
have provided to the Corrections Department as documented in these
independent audits and looks forward to continuing to provide high quality
health care services in New Mexico,” Gedman writes.
Members of the Legislature’s Courts, Corrections and Justice Committee, which
requested the forthcoming audit, toured LCCF on Oct. 19 and were told by both
Wexford and NMCD officials that there were no health care problems at the
facility. On the same tour, however, committee members heard firsthand
accounts from inmates who complained they couldn’t get treatment when they
became sick [Outtakes, Oct. 25: “Medical Test”]. That visit, along with
Apodaca’s accounts, calls into question Wexford’s and NMCD’s accounts, State
Sen. Cisco McSorley, D-Bernalillo, says. “We were told on our tour that
nothing was wrong. And now to hear that there is a claim that Wexford and the
Corrections Department might have known about this makes it seem like this
information was knowingly covered up,” McSorley, co-chairman of the
committee, says. “We can’t trust what’s being told to us. The situation may
require independent oversight far beyond what we have. This should be the
biggest story in the state right now.”
November
8, 2006 Santa Fe Reporter
The New Mexico State Legislature is one step closer to an audit of Wexford
Health Sources, the private company that administers health care in New
Mexico’s prisons. On Oct. 24, the Legislative Finance Committee (LFC)
tentatively approved the audit, which will evaluate Wexford’s contract with
the New Mexico Corrections Department (NMCD) and also assess the quality of
health care administered to inmates. The request for a review of Wexford
originated with the state Legislature’s Courts, Corrections and Justice
Committee, which voted unanimously on Oct. 20 to recommend the audit after a
hearing on prison health care in Hobbs [Outtakes, Oct. 25: “Medical Test”]. A
subsequent Oct. 30 letter sent to the LFC by committee co-chairmen Rep.
Joseph Cervantes, D-Dońa Ana, and Sen. Cisco McSorley, D-Bernalillo, refers
to “serious complaints raised by present and former employees” of Wexford.
The letter cites this newspaper’s reportage of the situation and notes that
on a recent tour of Lea County Correctional Facility in Hobbs, “committee
members heard numerous concerns from inmates about medical problems not being
addressed.” It also refers to confidential statements Wexford employees
provided to the committee that were then turned over to the LFC. The decision
to examine Wexford and NMCD comes on the coattails of months of reports that
state inmates are suffering behind bars due to inadequate medical services,
documented in an ongoing, investigative series by SFR. Over the past three
months, former and current employees have alleged staffing shortages as well
as problems with the dispensation of prescription drugs and the amount of
time sick inmates are forced to wait before receiving urgent care [Cover
story, Aug. 9: “Hard Cell?”]. The timing, Manu Patel, the LFC’s deputy
director for audits, says, is ideal, because the LFC already planned to
initiate a comprehensive audit of NMCD, the first in recent history.
Regarding the medical component of the audit, Patel says: “We will be looking
at how cost-effective Wexford has been. Also, we will be looking at the
quality of care, how long inmates have to wait to receive care and what
[Wexford’s] services are like.” Patel says the LFC plans to contract with
medical professionals to help evaluate inmates’ care. As per a request from
the Courts, Corrections and Justice Committee, current Wexford employees will
be given a chance to participate in the audit anonymously. The audit’s specifics
require final approval from the LFC in December; the committee will likely
take up to six months to generate a report, according to Patel. In a Nov. 6
e-mail to SFR, Wexford Vice President Elaine Gedman
cites 14 successful, independent audits performed of Wexford in New Mexico
since May 2005. “Wexford is proud of the service we have provided to the
Corrections Department as documented in these independent audits and looks
forward to continuing high quality health care services in New Mexico,” Gedman writes. NMCD spokeswoman Tia Bland echoes Gedman: “We welcome the audit and plan on cooperating any
way we can,” she says. Meanwhile, former employees continue to come forward.
Kathryn Hamilton, an ex-NMCD mental health counselor, says she worked
alongside Wexford staff at the Pen for two months, shortly after the company
took the reins in New Mexico in July 2004. Hamilton alleges that mentally ill
inmates were cut off psychotropic medicine for cheaper, less effective drugs
and that inmates waited too long to have prescriptions renewed and suffered
severe behavioral withdrawals as a result. Hamilton, who had worked at the
Pen since April 2002, says she encountered the same sorts of problems under Addus, Wexford’s predecessor, but quit shortly after
Wexford’s takeover because the situation wasn’t improving. “They would stop
meds, give inmates the wrong meds or refuse to purchase meds that were not on
their formulary, even if they were prescribed by a doctor,” Hamilton says. “I
felt angry, sometimes helpless, although I always tried to speak with
administrators to help the inmates.” Hamilton married a state inmate by proxy
last month, after continuing a correspondence with him following her tenure
at the Pen. Hamilton says she did not serve as a counselor to the inmate,
Anthony Hamilton, but met him after helping conduct a series of mental health
evaluations. Hamilton has been a licensed master social worker under her
maiden name since 2000 (according to the New Mexico Board of Social Work
Examiners). She emphasizes that her relationship with her husband did not
begin until after she left the Corrections Department. According to Hamilton,
her husband, still incarcerated at the Pen for aggravated assault, recently
contracted methicillin-resistant staphylococcus aureus (MRSA), a serious
staph infection. In a previous story, four current Wexford employees
specifically mentioned MRSA as a concern to SFR because they allege Wexford
does not supply proper protective equipment for staff treating infectious
diseases like MRSA [Outtakes, Oct. 18: “Corrections Concerns”]. Wexford Vice
President Gedman did not address Hamilton’s claims
when queried by SFR. Corrections spokeswoman Bland also says she can’t
comment on Hamilton’s allegations because she had not spoken with Hamilton’s
supervisor at the time of her employment. Says Hamilton: “I initially called
the newspaper as the concerned wife of an inmate, not as a former therapist.
With all the stories the Reporter has done, I wanted to come forward with
what I had seen at the Pen.”
October
18, 2006 Santa Fe Reporter
Current prison health workers say they fear retaliation if they speak out.
Just days before state legislators convene a hearing on correctional health
care in New Mexico, a group of medical employees in the state prison system
have come to SFR with allegations about how inmates are treated. All four
requested anonymity because they say they fear retaliation from Wexford
Health Sources—the private company that administers health care in the
prisons—if their identities are revealed. The employees currently work at
Central New Mexico Correctional Facility. They allege, among other things,
that chronically ill inmates are forced to lie in their own feces for hours,
are taken off vital medicine to save money and often wait months before
receiving treatment for urgent medical conditions. Moreover, the employees
say conditions at the facility are unsanitary. “In my entire career, I’ve
never seen this sort of stuff happening,” one employee says. “These inmates
are not being treated humanely. They don’t live in sanitary conditions. They
live in pain.” Wexford Vice President Elaine Gedman
denies all the employees’ allegations in an e-mail response to SFR.
Corrections spokeswoman Tia Bland says the department is unaware of these allegations
and that “none of these issues have surfaced during our regular auditing
process.” The employees’ allegations come on the heels of a series of stories
by SFR, in which several former Wexford employees have publicly come forward
with similar charges [Cover Story, Aug. 9: “Hard Cell?”]. As a result of the
stories, the state Legislature’s Courts, Corrections and Justice Committee
will hold a hearing on Oct. 20 in Hobbs to discuss the matter [Outtakes,
Sept. 13: “Checkup”]. Wexford and the New Mexico Corrections Department
(NMCD), which oversees the Pennsylvania-based company, have categorically
denied charges that inmates are being denied proper health care. These latest
allegations are the first to come from current employees of Wexford. The
employees describe an environment where medical staff must purchase their own
wipes for incontinent patients because they say Wexford administrators say
there’s no money for supplies. They say there’s a shortage of oxygen tanks
and nebulizer machines (for asthma patients) and also scant protective
equipment for those staff treating infectious diseases. Gedman
says, “Wexford is unaware of any shortage in medical supplies. Extra oxygen
bottles and nebulizers are always on hand and ready for any emergency use.
The oxygen bottles are inventoried daily as part of our emergency response
requirement.” The employees also allege that chronically ill inmates
sometimes wait what they say is too long to be taken off-site for specialty
care. Gedman says this also is false and that
Wexford “strongly encourages all of our providers to refer patients for
necessary evaluation and treatment, off-site when necessary, as soon as
problems are identified that need specialty referral.” All four employees say
their complaints to Wexford administrators about the lack of supplies and
treatment of inmates have been ignored, and all believe coming forward
publicly will cost them their jobs. Gedman says
this concern is unfounded because “Wexford encourages an open-door policy for
all employees to bring issues to the attention of management so that they can
be investigated and acted upon as appropriate.” Bland says Corrections staff
are “visible and accessible in the prisons. If any of Wexford’s staff would
like to speak with us concerning these allegations, we welcome the
information and will certainly look into the matter.” As for the legislative
hearing, State Rep. Joseph Cervantes, R-Dońa Ana, co-chairman of the Courts,
Corrections and Justice Committee, says he hopes some of these Wexford critics
will show up in Hobbs. And he says further hearings are a possibility. “I
hope there is a full airing of the issues. I would like to learn that the
Corrections Department is working to resolve all of this, but if they
haven’t, I expect to make deadlines for them so we can expect adequate
progress,” Cervantes says. “We’d still like to protect the anonymity and
bring to light any allegations and complaints.” Cervantes also says he wants
to introduce legislation during the next session to protect whistle-blowers.
Ken Kopczynski, executive director of the Private
Corrections Institute watchdog group in Florida, says the Legislature must do
everything it can to safeguard current Wexford employees against retaliation.
“The Legislature is the ultimate authority, and they need to put pressure on
the Corrections Department to find out what the hell is going on. They also
need to protect these employees so they can come forward and testify about
their specific experiences,” Kopczynski says. “And
if there are allegations of civil rights abuse, which is what it sounds like,
then the Justice Department needs to come in.”
August
14, 2006 In These Times
While New Mexico’s landscape may make the state the Land of Enchantment, its
rapidly growing rates of incarceration have been utterly disenchanting.
What’s worse, New Mexico is at the top of the nation’s list for privatizing
prisons; nearly one-half of the state’s prisons and jails are run by
corporations. Supposedly, states turn to private companies to cope better
with chronic overcrowding and for low-cost management. However, a closer look
suggests a different rationale. A recent report from the Montana-based
Institute on Money in State Politics reveals that during the 2002 and 2004
election cycles, private prison companies, directors, executives and
lobbyists gave $3.3 million to candidates and state political parties across
44 states. According to Edwin Bender, executive director of the Institute on
Money in State Politics, private prison companies strongly favor giving to
states with the toughest sentencing laws—in essence, the ones that are more
likely to come up with the bodies to fill prison beds. Those states, adds
Bender, are also the ones most likely to have passed “three-strikes” laws.
Those laws, first passed by Washington state voters in 1993 and then
California voters in 1994, quickly swept the nation. They were largely based
on “cookie-cutter legislation” pushed by the American Legislative Exchange
Council (ALEC), some of whose members come from the ranks of private prison
companies. Florida leads the pack in terms of private prison dollars, with
its candidates and political parties receiving almost 20 percent of their
total contributions from private prison companies and their affiliates.
Florida already has five privately owned and operated prisons, with a sixth
on the way. It’s also privatized the bulk of its juvenile detention system.
Texas and New Jersey are close behind. But in Florida, some of the influence
peddling finally seems to be backfiring. Florida State Corrections Secretary
James McDonough alarmed private prison companies with a comment during an
Aug. 2 morning call-in radio show. “I actually think the state is better at
running the prisons,” McDonough told an interviewer. His comments followed an
internal audit last year by the state’s Department of Management Services,
which demonstrated that Florida overpaid private prison operators by $1.3
million. Things may no longer be quite as sunny as they once were in Florida
for the likes of Nashville, Tenn.-based Corrections Corporation of America
(CCA) and the former Wackenhut, now known as the GEO Group of Boca Raton,
Fla. But with a little bit of spiel-tinkering—and a shift of attention to
other states—the prison privatizers are likely to keep going. The key shift,
Bender explains, is that “the prison industry has gone from a
we-can-save-you-money pitch to an economic-development model pitch.” In other
words, says Bender, “you need [their] prisons for jobs.” If political
donations are any measure, economically challenged and poverty-stricken
states like New Mexico are a great target. In this campaign cycle, Democratic
Gov. Bill Richardson has already received more contributions from a private
prison company than any other politician campaigning for state office in the
United States. The Institute of Money in State Politics, which traced the
donations, reported that GEO has contributed $42,750 to Richardson since
2005—and another $8,000 to his running mate, Lt. Gov. Diane Denish. Another $30,000 went from GEO to the
Richardson-headed Democratic Governors Association this past March.
Richardson’s PAC, Moving America Forward, was another prominent recipient of
GEO donations. Now, its former head, prominent state capitol lobbyist Joe
Velasquez, is a registered lobbyist for GEO Care Inc., a healthcare
subsidiary that runs a hospital in New Mexico. But don’t get the idea that
GEO has any particular love for Democrats: $95,000 from the corporation went
to the Republican Governors Association last year alone. What companies like
GEO do love are the millions of dollars rolling in from lucrative New Mexico
contracts to run the Lea County Correctional Facility (operating budget: $25
million/year), and the Guadalupe County Correctional Facility ($13
million/year), among others. CCA also owns and operates the state’s only
women’s facility in Grants ($11 million per year). To make sure that those
dollars keep flowing, GEO and CCA have perfected the art of the “very tight
revolving door,” says Bender, which involves snapping up former corrections
administrators, PAC lobbyists and state officials to serve as consultants to
private prison companies. In fact, the current New Mexico Corrections
Department Secretary Joe Williams was once on GEO’s payroll as their warden
of the Lea County Correctional Facility. Earlier this year, Williams was
placed on unpaid administrative leave after accusations surfaced that he
spent state travel and phone funds to pursue a very close relationship with
Ann Casey. Casey is a registered lobbyist in New Mexico for Wexford Health
Sources, which provides health care for prisoners at Grants, and Aramark,
which provides most of the state’s inmate meals. In her non-lobbying hours,
it turns out that Casey is also an assistant warden at a state prison in Centralia,
Ill. It appears that even for a prison industry enchanted by public-private
partnership, Williams and Casey may have gone too far.
July
18, 2006 New Mexican
A racetrack owner, a private prison company and a chewing-tobacco corporation
-- all on the record for seeking favors from New Mexico politicians -- have
contributed tens of thousands of dollars to a national group headed by Gov.
Bill Richardson. The June 30 report by the Democratic Governors Association
-- which Richardson has chaired since 2004 and which frequently pays for his
out-of-state travel -- lists several contributors familiar to New Mexico
political circles. Among those are: The GEO Group, a Florida-based private
prison corporation that operates in New Mexico and that, in this election
cycle, has contributed more to Richardson than any other single candidate in
the country. The company in June gave a total of $20,000 to the DGA, for a
total of $50,000 this year. Richardson spokesman Pahl
Shipley said Monday that there is "absolutely no connection"
between the contributions and administration policy. The GEO Group, formerly
known as Wackenhut, has increased its New Mexico operations from two to four
since Richardson took office. The company has operated prisons in Santa Rosa
and Hobbs since the 1990s. But last year, it won a contract to operate a
state hospital facility in Fort Bayard. Richardson has endorsed a plan for
GEO to operate a prison to be built in the town of Clayton, which will house
as many as 600 state inmates. Since 2002, GEO has contributed more than
$79,000 to politicians running for state office in New Mexico. The biggest
beneficiary is Richardson, who has received $42,750 from the company since
2005. His running mate, Lt. Gov. Diane Denish,
lists $8,000 in GEO contributions in the current election season. But the DGA
isn't the only governors association to get money from GEO, which operates
about 50 corrections facilities in the U.S. The latest report for the
Republican Governors Association shows two contributions totaling $50,000
from the prison company in May and June. That means GEO has given the DGA and
the RGA the same amount this year.
July
13, 2006 New Mexican
A Florida-based private-prison company that has doled out thousands of
dollars to New Mexico politicians made two $5,000 contributions to Attorney
General Patricia Madrid's congressional campaign less than three weeks after
Madrid's office published a legal opinion that directly benefited the firm. A
spokeswoman for Madrid's campaign, Heather Brewer, on Wednesday denied the
contributions were connected with the legal opinion, which cleared the way
for the city of Clayton to contract with The GEO Group of Boca Raton, Fla.,
to build and operate a prison facility that would house state inmates. A
spokesman for GEO, formerly known as Wackenhut, also denied any connection
between the contributions and the legal opinion. But Enrique Knell, spokesman
for Madrid's Republican opponent, U.S. Rep. Heather Wilson, said,
"There's a pattern here of pay-to-play politics practiced by Patsy
Madrid." GEO already operates two prisons and a hospital for the state.
Last year, three state legislators concerned about the legality of the
Clayton plan asked Madrid's office for a legal opinion. Rep. Luciano
"Lucky" Varela, D-Santa Fe; Rep. Joe Cervantes, D-Las Cruces; and
Sen. Cisco McSorley, D-Albuquerque, asked the attorney general whether a
local government has the authority to build or operate a state prison. The
three also asked whether a local government is exempt from the state Procurement
Code if it contracts with a private company to operate a state prison. The
Procurement Code requires state and local governments to seek bids from
multiple companies to provide services. On Nov. 14, Assistant Attorney
General Zachary Shandler issued an opinion that
said the plan was legal. "While legitimate policy questions may be
raised about the wisdom of allowing private construction and operation of a
second jail in Clayton/Union County, the local public bodies may rely on
existing statutory authority for this project," he wrote. Eighteen days
later, GEO made its contributions to Madrid. The company earmarked $5,000 for
the primary election -- though Madrid had no primary opponent -- and
earmarked the other $5,000 for the general election. This is the limit for
corporate contributions, according to federal campaign-finance law. GEO
receives about $38 million from the state for the two existing prisons it
operates. The contract for the prison in Santa Rosa is worth about $13
million a year. That facility has about the same number of beds as planned
for the Clayton prison. Last year, the state awarded a GEO subsidiary a
contract to manage the troubled 230-bed Fort Bayard Medical Center east of
Silver City and to build a $30 million replacement hospital with the help of
tax-exempt bonds. In the past three elections, the company gave contributions
totaling $2,750 to Wilson. Former state Sen. Les Houston, a New Mexico
lobbyist for GEO, said this week that he expects the company to contribute to
Wilson's campaign as well. Since 2002, GEO has contributed more than $79,000
to politicians running for state office in New Mexico. The biggest
beneficiary is Gov. Bill Richardson, who has collected $42,750 from the
company since 2005. His running mate, Lt. Gov. Diane Denish,
has received $8,000 from the prison company. According to The Institute of
Money in State Politics, Richardson, as of May, had received more money from
GEO than any other politician nationwide running for state office in this
election cycle.
July
11, 2006 New Mexican
A Florida-based private prison company that does tens of millions of dollars worth of business with the state has become a big
player in the world of New Mexico's campaign contributions. The GEO Group,
formerly known as Wackenhut, has dropped since 2002 more than $79,000 on
politicians running for state office here. The biggest beneficiary is Gov.
Bill Richardson, who has collected $42,750 from the company since 2005.
According to The Institute of Money in State Politics, Richardson, as of May,
had received more money from GEO than any other politician nationwide running
for state office in this election cycle. In addition, GEO in March donated
$30,000 to the Democratic Governors Association, which Richardson heads --
although the company contributed $95,000 to the Republican Governors
Association last year. The prison company also has given $8,000 to
Richardson's running mate, Lt. Gov. Diane Denish,
in the current election cycle. Denish got $500 from
the company in the 2002 election cycle. Others who got contributions from GEO
this election cycle are former Richardson chief counsel Geno Zamora, who lost
the Democratic primary for attorney general, and congressional candidate
Patricia Madrid, the current attorney general, whose contribution represents
a switch for GEO. In the past three elections, the company gave to Madrid's
incumbent Republican opponent, Heather Wilson. And in the 2002 state attorney
general's race, GEO donated to Madrid's GOP challenger, Rob Perry, a former
corrections secretary. While mainly Democrats in this state currently are
benefiting from GEO contributions, nationally the firm gives more to
Republicans -- $114,157 for GOP state candidates in this election cycle,
compared to $74,725 for Democrats, according to the most recent figures from
The Institute of Money in State Politics. Asked whether the GEO contributions
affected Richardson's policy pertaining to private prisons, spokesman Pahl Shipley said: "It's outrageous even to imply or
infer a connection and absolutely not true. State contracts are fully
transparent and must follow strict procurement procedures. Governor
Richardson insists that state agencies act in the best interests of New
Mexicans and get the best deal for the state." GEO spokesmen and lobbyists
couldn't be reached for comment Monday. GEO receives about $38 million from
the state, approximately $25 million to run the Lea County prison in Hobbs
and $13 million for the prison in Santa Rosa. The company has contracted with
the city of Clayton to operate the planned prison in that northeastern New
Mexico city. That prison will house state inmates. The Clayton prison will
have about 600 beds, close to the number in Santa Rosa. Also, the state
awarded a GEO subsidiary a contract last year to manage the troubled 230-bed
Fort Bayard Medical Center east of Silver City and to build a $30 million
replacement hospital with the help of tax-exempt bonds. A key Richardson ally
is a registered lobbyist in this state for GEO Care Inc., which manages the
Fort Bayard hospital. Lobbyist Joe Velasquez of Washington, D.C., was the
director of the national Richardson political-action committee Moving America
Forward. Velasquez was President Clinton's deputy political director and a
former AFL/CIO executive. Richardson's campaign manager, Amanda Cooper, said
last week that Velasquez was not the reason for GEO's generosity toward
Richardson. Velasquez couldn't be reached for comment. Shipley noted that the
actual contracts with private prisons are done through local governments. The
state pays to house inmates in the private prisons. The cost varies for each
prison. In the Hobbs facility, the state is charged an average of $18,889 per
inmate annually. GEO first began doing business in New Mexico as Wackenhut as
part of Gov. Gary Johnson's plan to let private companies manage some of the
state's prisons. During the Johnson years, Wackenhut made headlines when it
was revealed it had hired then state Senate President Pro Tem
Manny Aragon as a "consultant." Aragon resigned from his post at
Wackenhut after receiving severe criticism from both parties. In contrast to
Richardson, Johnson only received $9,330 from GEO for his 1998 re-election
campaign. Richardson, during his 2002 gubernatorial campaign, wouldn't say
whether he would maintain Johnson's prison-privatization program. However,
since he took office, the private prisons have remained, and there has been
no serious talk about getting rid of them. According to numbers provided by
The Institute of Money in State Politics, GEO in the past two years has made
more contributions to New Mexico politicians than any other state, save
Florida, where the company's headquarters are located. GEO dropped $58,500
for candidates running for state offices in Florida, just $500 more than New
Mexico, according to the institute's latest figures, which don't include
federal offices. However, New Mexico has only two GEO-run prisons (with a
third being built) and a hospital. In comparison, Texas has 17 GEO-operated
facilities. The company only gave $2,200 to state candidates there. According
to a study by the institute, New Mexico ranks ninth for all states in terms
of contributions from the corrections industry, based on numbers from the
2002 and 2004 elections. "The fact that we don't have limits on campaign
contributions makes this state attractive to those companies that want to get
a big bang for their bucks," Matt Brix, executive director of Common
Cause, a group that advocates campaign-finance reform, said Monday. GEO,
which operates about 50 prison and jail operations in this country, also has
contracts in South Africa, the United Kingdom and Australia. The company
manages the "migrant operations program" -- for those detained at
sea by the U.S. Coast Guard -- at the Guantánamo Bay Naval Base as a joint
effort with the U.S. Departments of State and Homeland Security.
July
7, 2006 New Mexican
The Bill Richardson campaign-money machine kept churning last month. In his
bid for a second term as governor, Democrat Richardson took in more than
$824,000 last month, according to his campaign-finance report filed with the
state Thursday. That brings the total he has raised for re-election to more
than $8 million -- about the same amount he raised for his 2002 campaign.
Richardson's running mate, Diane Denish, raised
nearly $150,000 and spent more than $38,417 last month according to her
report. In New Mexico, governor and lieutenant governor candidates run as a
ticket, not separately, in the general election, though traditionally
lieutenant governor candidates raise their own campaign funds. Denish's biggest contributor was New York
telecommunications mogul Leo Hindery, who gave
$25,000. She also got $10,000 contributions from three companies, Eunice Well
Servicing Co., ABC Tool Rental of Hobbs and Controlled Recovery Inc. of Hobbs,. The GEO Group, formerly known as Wackenhut, which
operates private prisons for the state, gave Denish
$5,000, according to her report.
May
31, 2006 New Mexican
A state prison contractor involved in the investigation of a relationship
between Corrections Secretary Joe Williams and a lobbyist contributed $10,000
to Gov. Bill Richardson's re-election campaign. The political-action
committee for Aramark -- a Philadelphia-based company that makes millions of
dollars a year to feed New Mexico inmates -- contributed to Richardson's
campaign in May 2005, according to Richardson's most recent campaign-finance
report. That was about a year after Aramark renewed its contract with the
state Corrections Department. Aramark also has been generous to the state
Democratic Party, contributing $10,000 in 2004, and the Democratic Governors
Association, which Richardson chairs. The company contributed a total of
$15,000 to the DGA in 2004 and another $15,000 in 2005, according to reports
filed with the Internal Revenue Service. Aramark provides food service to
more than 475 correctional institutions in North America. The corporation
also has food-service contracts in colleges, hospitals, convention centers
and stadiums. Richardson spokesman Pahl Shipley
referred questions about the campaign donation to Richardson's campaign
manager, Amanda Cooper, who couldn't be reached for comment. The Governor's
Office announced this week that Williams is being put on administrative leave
while the state Personnel Office investigates his relationship with Ann E.
Casey, who registered as a lobbyist for Aramark and Wexford Health Services,
which provides health care to New Mexico inmates. Casey is an assistant
warden at an Illinois prison. A copyrighted story in the Albuquerque Journal
said Williams' state-issued cell-phone records show 644 calls between
Williams and Casey between Sept. 24, 2005, and Feb. 23. According to that
report, Casey was hired as a consultant by Aramark in 2005, but that contract
has since been terminated. Aramark's $5.4 million contract ends in July. The
Secretary of State Office's Lobbyist Index lists Casey as a lobbyist for
Wexford, though the Journal report quotes a Wexford official saying the
company never hired her. In 2004, a $10,000 contribution to a Richardson
political committee from Wexford's parent company caused a stir and later was
returned to the Pittsburgh company. The Bantry Group made the contribution to
Richardson's Moving America Forward PAC in April 2004. This was during a bidding
process just a month after the Corrections Department requested proposals for
a contract to provide health care and psychiatric services to inmates. That
contract potentially is worth more than $100 million, The Associated Press
reported. In August 2004, a Richardson spokesman said the money would be
returned "to avoid even the appearance of impropriety."
May
30, 2006 New Mexican
Debbie Rodella of Espańola first won her House of Representatives seat in
1992, and has represented Northern New Mexico's District 41 ever since. This
year, she faces a challenge from Moises Morales Jr., a former Rio Arriba
County commissioner and a political activist of 40 years. The 59-year-old Canjilon rancher and former mechanic-shop owner is
challenging Rodella in the June 6 Democratic primary for the right to
represent a district that consists mostly of Rio Arriba County and parts of
Taos and Sandoval counties. The incumbent legislator is well ahead of her
challenger in drawing endorsements of her candidacy and in raising campaign
funds. According to financial-disclosure statements filed in early May,
Rodella had raised more than $10,000 in the past year, on top of the
$18,000-plus she previously had in her campaign treasury. Many of her
contributions are from out-of-state corporations, including big
pharmaceutical companies (Pfizer and GlaxoSmithKline); the liquor industry
(Anheuser Busch, The Distilled Spirits Council), big tobacco (UST, which
manufactures smokeless-tobacco brands like Skoal
and Copenhagen), private prisons (Corrections Corporation of New Mexico) and
several payday-loan companies.
May 9,
2006 Albuquerque Journal
Lobbyists and their employers contributed $386,000 to candidates for state,
legislative and other offices during the first four months of the year, with
Gov. Bill Richardson receiving the largest share of the political money.
Richardson, who is running for re-election this year, collected $171,500 in
campaign donations from lobbyists and their clients from January through late
April, according to disclosure reports filed by lobbyists with the Secretary
of State's Office. Other contributors to the governor's re-election: $27,500
from Geo Group Inc., formerly known as Wackenhut Corrections Corp., which
operates private prisons used by the state; $25,000 from Presbyterian Health
Plan, one of the managed care companies under contract with the state to
provide health care through Medicaid; $5,000 from Community Loans of America,
a payday and auto title loan company; and $5,000 from Express Scripts, a company
that manages pharmacy benefits offered through insurance plans, including for
some state retirees.
May 8,
2006 AP
Democratic candidate Geno Zamora was leading the pack in fundraising,
scooping up nearly $468,000 with the help of real estate developers and race
tracks to finance his campaign for attorney general. Other large
contributions to Zamora: $25,000 in money and $2,250 in-kind from Santa Fe
retiree Bernard Logue y Perea; and $10,000 from
private-prison operator Geo Group. Zamora, former chief counsel to Gov. Bill
Richardson, is in a three-way race for the Democratic nomination with
District Attorney Lemuel Martinez of the 13th Judicial District and former
state Rep. Gary King.
January
22, 2006 Albuquerque Journal
Bill Richardson once described his former congressional aide Butch Maki as
"the go-to guy." Since Richardson was elected governor, Maki has
become a "goto" lobbyist for a number of
companies jockeying for state business. A businessman, consultant, Vietnam
veteran, pilot and longtime Richardson loyalist, Maki first registered as a
New Mexico lobbyist in January 2003 - the same month Richardson took office.
By last year, he had compiled an impressive client list, ranging from BNSF
Railway to Corrections Corporation of America to a Japanese company that
manufactures the artificial sweetener aspartame. Corrections Corporation of
America first hired Maki as a lobbyist in 2003 to handle "administrative
matters," said longtime CCA lobbyist Ed Mahr. Mahr said that included lobbying the executive branch.
CCA recently won a state contract through a competitive bid to manage the
196-bed Camino Nuevo female inmate correctional facility in Albuquerque.
June
14, 2005 Santa Fe New Mexican
It's a depressing prospect, made more so by the way it's being faced: Gov.
Bill Richardson says he supports Corrections Director Joe Williams' pitch for
a new state prison. The state has run out of cells to hold all the felons too
dangerous to be free on probation, says Williams. Clayton, that pleasant, but
distant, little town out near the Texas and Oklahoma panhandles, proposes to
build a 600-bed lockup for the sake of creating jobs. A nice match -- but
Williams doesn't want the bother of running the prison. Like Republican Rod
Perry before him, the Democratic appointee wants Wackenhut to do the dirty
work. Now known as "the Geo Group," Wackenhut Corrections Corp. is
one of the nation's leaders in the prisons-for-profit industry, a trend that
took off during the Reagan years when many governmental functions were handed
over to private contractors. It was on Wackenhut's watch that violence flared
at prisons in Hobbs and Santa Rosa during the late 1990s. Maybe it would have
happened if the state had been running them -- but at least there would have
been a clear line of accountability; one ending at the governor's desk. With
privatization, our politicians smudge the line at will, pleading that
whatever goes wrong is somehow out of their hands. Prison violence, of
course, is good for business: It means extended sentences, at a certain
number of dollars a day. And rehabilitation and early release are bad for
business -- so how anxious are the privateers to get Joe Convict back in
society? That attitude is almost as criminal as what got some inmates behind
bars in the first place. Prisons, after all, are part of the justice system
-- a basic responsibility of government. Put that responsibility in corporate
hands, and its executives immediately look for ways to squeeze profits from
their contract. Hire guards as cheaply as possible, and never mind their
education and experience levels. Make each guard responsible for a few more
inmates -- until it occurs to those inmates that they can overpower the poor
devil ... And private prisons create a demand for convicts -- so the early
stages of the justice system are caught up in a subtle pressure to supply
them: Bill of Rights be damned -- our judiciary- and executive-friendly
prison companies need bodies ... All that was lost on Richardson's
predecessor: Gov. Gary Johnson went so far as to fire his first corrections
secretary for daring to mention that the state wouldn't even save much, if
any, money with Johnson's elaborate prison-profiteering scheme. Surely
today's governor can do better by our justice system. If New Mexico's many
social crises are unresolved to the point that we need more prisons, the
least he and Joe Williams can do is maintain responsibility for the latest
wave of felons.
May 4,
2005 AP
From tickets to professional sports games to "New Mexico coffee crusted
beef tenderloin," lobbyists served up a full platter for lawmakers and
state officials during the first four months of the year. Lobbyists spent at
least $418,949 for meals, drinks, gifts, entertainment and special events for
legislators, the governor, state agency officials and staff from January
through late April, much of that during the Legislature's 60-day session. In
addition, lobbyists and their clients gave $87,000 in campaign contributions.
Gov. Bill Richardson received about $38,700 of those contributions, including
$10,000 from Geo Group Inc., formerly known as Wackenhut Corrections Corp.,
which operates private prisons used by the state. Richardson is up for
re-election in 2006.
August
16, 2004
A Pittsburgh company's $10,000 contribution to one of Gov. Bill Richardson's
political committees made while a subsidiary was seeking a state contract
will be returned "to avoid even the appearance of impropriety," a
spokesman for the governor said. The Bantry Group made the contribution to
Moving America Forward in April, one month after the Corrections Department
requested proposals for a contract to provide health care and psychiatric
services to the approximately 6,200 state inmates in private and state-run
prisons. Richardson, in a written statement Thursday, announced that Wexford
Health Sources, a Bantry subsidiary, had been picked for the contract --
potentially worth more than $100 million. (Santa Fe New Mexican)
August
16, 2004
A Pittsburgh company contributed $10,000 to one of Gov. Bill Richardson's
political committees while a subsidiary was seeking a contract to provide
health care to prison inmates in New Mexico. The Bantry Group made the
contribution, and a subsidiary, Wexford Health Sources, won the contract,
potentially worth more than $100 million. Wexford, one of three competitors for the contract, has faced
hundreds of allegations in other states of providing inadequate care to
inmates, sometimes leading to death. Richardson announced in a written
statement Thursday that Wexford had been picked to provide health care and
psychiatric services to the approximately 6,200 state inmates in private and
state-run prisons. Wexford's competitors for the contract— Correctional
Medical Services of St. Louis and Prison Health Services of Brentwood, Tenn.—
made no contributions to Richardson. But Wexford, one of the largest
companies of its kind in the country, has faced questions in several other
states about its quality of care. According to published reports: In 2001, a
state board in Florida criticized Wexford for poor medical care that may have
contributed to the deaths of two Miami-Dade County inmates. The state of
Michigan terminated a contract with Wexford after questions arose involving
medical services. A 1998 U.S. Department of Justice report criticized medical
care at the Wyoming State Penitentiary, where Wexford was under contract.
Wexford has been the target of more than 210 lawsuits nationwide by inmates
or others. (ABQ Journal)
May
13, 2003
Gov. Bill Richardson collected $549,333 in contributions from December
through early May, including money raised to help pay for his
inauguration. Attorney General Patricia Madrid, a Democrat, reported
contributions of $15,614, expenditures of $43,890, and a balance of $67,862.
The largest contributions included $2,000 from Wackenhut Corrections and
$2,000 from Qwest's political-action committee. (Santa Fe New Mexican)
April
18, 2003
Gov. Bill Richardson's office has identified dozens of government contracts
that could be reduced or eliminated to save New Mexico about $21 million.
About $15 million of that amount is state money, while nearly $6 million is
federal. The contract actions will range from canceling a $2 million private
prison contract to getting rid of a $30,000-a-year rented copy machine at the
Department of Finance, Richardson said Thursday. The money expected to be
saved this year is just part of the $90 million the governor has said he
wants to save as part of finding more money for the state's $4 billion
budget. "I asked my Cabinet secretaries to scrutinize every penny we are
spending to make sure taxpayers are getting their money's worth,"
Richardson said. Examples of savings identified by Richardson include a
canceled contract with Management and Training Corporation to house 140 state
prisoners in McKinley County. Those prisoners will instead be housed in state
facilities around New Mexico, Corrections Department Secretary Joe Williams
said. Including that contract, the department is expected to save $3.1
million. (ABQ Journal)
April
10, 2003
Gov. Bill Richardson earlier this week signed a bill that cuts more than four
years off the amount of time corrections officers must work before they're
eligible to retire, putting them on par with State Police officers The
change also is expected to serve as a hiring incentive that will help fill
the corrections officer ranks at the state level. The state Corrections
Department hasn't been at full strength for decades. But it doesn't
apply to workers at private prisons, where more than 40 percent of the
state's 6,100-plus inmates are now housed. The new plan won't take
effect until July 2004, after corrections officers vote on it, said John LaBombard, director of labor relations for state
corrections. La Bombard said Wednesday he's already getting many calls
from private-prison workers inquiring about jobs. (ABQ Journal)
January 2, 2003
Gov. Bill Richardson's inauguration is estimated to cost about
$420,000. However, taxpayers won't be picking up the tab.
Donations from corporations and sales of tickets to inaugural balls will
cover the expenses. Among those donors were Wackenhut Corrections
Corp., which owns and operates prisons that are used by the state. (ABQ
Journal)
January
7, 2002
Gov. Gary Johnson is asking the Legislature to spend $20 million next year to
expand state prisons to avoid inmate overcrowding in the future. The
governor, in his budget proposals to the Legislature, proposes spending $
13.3 million next year for a 400-bed expansion at a state prison at Las
Cruces and $6.7 million for a 250-bed expansion of a minimum security prison
at Roswell. The money is part of the governor's recommendations for $256
million in capital improvements in the budget year that begins in July.
Corrections Secretary Rob Perry said Monday the Corrections Department also
has recommended a 300-bed expansion of a privately operated prison to provide
more space for medium security inmates. No state monies are needed initially
to pay for the construction at the private prison, but the state would cover
the costs through an increase in future payments for leasing cells for
inmates in the facility. (AP)
June
29, 2001
"Godbey is a dead man!" Harsh words
for a Republican state House of Representatives member to pen about a GOP
colleague. Harsh enough that Rep. Ron Godbey,
R-Aluquerque, was given a State Police escort at
the Capitol after Rep. Dan Foley, R-Roswell, passed the "dead man"
threat note to House Minority Whip Earlene Roberts, R-Lovington. For
his part, Foley said he was merely making a political observation about Godbey when he wrote the note. Godbey
tried unsuccessfully to unseat State Republican Party chairman John Dendahl publicly backed liberalizing New Mexico drug
laws. Godbey is a staunch opponent of liberal
drug laws. "To know that my party is involved in drugs and
gambling is driving me crazy," said Roberts. If Godbey wasn't threatened with actual death, he was
threatened with political execution. Are the issues of the leaders
becoming more important than the issues of the members in the Republican
Party in New Mexico? After all, Republican national committeeman Mickey
Barnett is a lobbyist for a casino-operating Indian tribe and a private
prison operator and he was a lead lobbyist for liberal drug laws during the
last legislative session. (Albuquerque Journal)
New Mexico Supreme Court
Dec 21, 2019
sfchronicle.com
Ex-New Mexico prison
contractor to release public records
New Mexico Supreme Court
has refused to overturn two lower court rulings in a public records lawsuit
forcing a former state prison contractor to release settlement agreements
with prisoners. The original lawsuit filed in 2016 by the Albuquerque
Journal, the Santa Fe New Mexican and the New Mexico Foundation for Open
Government stems from a refusal by contractor Corizon
to release settlement agreements over alleged malpractice and sexual abuse by
a physician, the Albuquerque Journal reported Thursday. Corizon
formerly provided health care to inmates in state prisons under a four-year
$37 million-per-year contract with the state Department of Corrections,
officials said. The high court decision upholds a verdict requiring Corizon to release requested public records and pay legal
fees for violating the Public Records Act, court officials said. The district
court ruled that Corizon had to comply because it
was under contract with a state agency to perform a public function,
officials said. Corizon unsuccessfully appealed the
decision.
New Mexico Womens Correctional Facility
Grants, New Mexico
CCA
State
gets tougher on private prisons - Operators face fine as leniency disappears
under Martinez administration: March 1, 2012, Trip Jennings, The
New Mexican: Damning expose on how former DOC Secretary and former Wackenhut
warden cost state millions of dollars in un-collected fines against
for-profits.
Nov 11, 2016 koat.com
Satanist inmate: prison officials prohibited me from practicing my
religion
A former inmate of the New Mexico prison system is suing a senior
chaplain of the corrections department and other prison officials for not
allowing her to practice Satanism behind bars. In her lawsuit, Monica Lujan
claims that she’s been a Satanist since the age of 13 and was just released
from the New Mexico Women’s Correctional Facility in Grants. According to court records,
Lujan was serving a three-year sentence for low level drug crimes and
forgery. Lujan says during her stay at the facility, she was denied the right
to have a Satanic bible several times. According to her lawsuit, Lujan claims
that prison officials told her that Satanism was prohibited and that she
faced retaliation for being a believer. The New Mexico ACLU is aiding Lujan
in her legal fight. “This is a case that strikes at the heart of questions of
religious freedom,” ACLU Executive Director Peter Simonson said. “The staff
at the facility were disapproving of her religion and were denying her
ability to practice that religion.” The lawsuit continues, saying that almost
all of Lujan’s belongings were taken when officers found photocopies of the
Satanic bible, a prayer book, and a drawing of a pentagram in her bunk. Lujan
claims that seizure left her with just one pair of underwear, that she says
she wore for four months. “We would expect that our client would have been
treated the same as anyone else who practices any other religion,” Simonson
said. “The government doesn’t really have the ability to pick and choose which
religion it’s going to side with, or which religion it’s going to favor.”
Alex Sanchez, the Deputy Secretary of Administrative Support for the New
Mexico Department of Corrections, wouldn’t comment about the case. But
Sanchez did say that inmates in the prison system are allowed to practice
Satanism behind bars, as long as religious items and rituals aren’t a threat
to security. “We recognize multiple religions, that includes holy days,
property inmates are allowed to have, and how they practice that religion,”
Sanchez said. Sanchez also said that records show Lujan never claimed any
property relating to her religion, such as a bible or other religious items.
The Corrections Corporation of America is also listed as a defendant in the
suit. CCA is a private company that helps the state run some of its
facilities.
Oct 8, 2015 krqe.com
Lawsuit settled over
jailed grandma in solitary confinement
ALBUQUERQUE (KRQE) –
First came the lawsuit and on Wednesday a final settlement was reached after
a 73-year-old grandmother was locked in solitary confinement for more than a
month in a New Mexico prison. The terms of the settlement are private, so we
have no idea how much money this settlement could involve. But one attorney
hopes it could have a far-reaching impact behind prison walls. “I can only
say it’s settled to the mutual benefit of the parties involved,” said civil
rights attorney Matthew Coyte. Coyte
represents Carol Lester. “There is never an acceptable rationale to put a
70-year-old woman in solitary, regardless of Carol’s situation,” he said.
Lester served time for embezzlement at the New Mexico Women’s Correctional
Facility in Grants. It was run by a private company. According to her
lawsuit, officials changed her medication to treat her thyroid cancer, and they
gave her Zantac to treat her stomach problems. The lawsuit states that Lester
ended up with a false positive for meth, although she’s never used meth,
according to her attorney. As a result, Lester was put in segregation or
solitary confinement. “It makes no sense to have these people in solitary.
It’s toxic. It’s inhumane. It’s mental torture,” Coyte
said. While Coyte can’t reveal that settlement, he
is also representing Jerome Gonzales in Otero County. He was arrested for
DWI, placed in solitary confinement, and the lawsuit says his mental health
deteriorated rapidly. Both parties have agreed to settle the case for $2.9
million, according to a notice of settlement obtained by KRQE News 13. The
settlement will require court approval. We asked Coyte
to respond to critics who may say it’s a waste of taxpayer money. “You say
it’s a waste of money to spend $2.9 million. It’s cheaper to treat people
humanely than it is to treat them like animals and then release them to the
street where they are more likely to commit crime, as a result of how they’ve
been treated in prison,” said Coyte. Lester has
served her time and is out of prison. Gonzales’ charges were dropped,
according to court records. Coyte said he did
support a bill last legislative session that would have required private
prison contractors to reveal any settlements, such as this one involving
Lester. However, that bill did not survive.
Dec
3, 2013 thinkprogress.org
"Private Prison
Company Allegedly Put 73-Year-Old Grandmother In Solitary Confinement For 34
Days" Carol Lester, a 73-year-old grandmother serving time in New Mexico
Women’s Correctional Facility in Grants, is suing Corrections Corporation of
America, one of the largest private prison companies in the world, and Corizon, Inc, a private prison health care company, for
denying her medical care and keeping her in solitary confinement for over a
month. Lester’s lawsuit, filed in late November, charges that the warden
deliberately put her in solitary confinement because she complained to lawmakers
and Department of Corrections officials that she and other women were being
denied medical care. Lester plead guilty to embezzling money from her
employer to feed a gambling addiction in 2010. Soon after beginning her
three-year sentence, the lawsuit charges that the privately run prison
stopped giving her the prescribed medication she had been taking for thyroid
cancer and gave her a new medication that made her sick. Lester started
fainting on a regular basis, and medical staff told her she may have a
serious heart condition. However, they did not send her to a specialist or a
hospital, and her health deteriorated rapidly. According to the complaint,
she took up a letter writing campaign with fellow inmates who were also being
denied medical care. Her letters prompted a delegation of state legislators
and the head of health services for the Department of Corrections to visit
the prison to talk with inmates about their concerns. Soon after these
visits, Lester was given a drug test, and tested positive for methanphetamine. Though she had no history of drug use,
the prison was prescribing her Zantac, which is known to cause false
positives for methanphetamine. Lester reportedly
offered to pay for a blood test to prove she was clean, but was put in solitary
confinement instead. While in solitary, Lester says she stopped getting
medications for either her thyroid cancer or her heart condition. Though a
court has not yet heard Lester’s case, the two prison companies in question
already face a string of allegations that they abuse or neglect inmates.
Because private prison companies must turn a profit, health care and quality
of life are often sacrificed for the bottom line. Corizon
is already handling lawsuits and investigations all over the country charging
that the health care company ignored inmates’ calls for help, left sick
inmates in soiled bedsheets without any food or water, and even let a man die
because calling an ambulance was deemed too expensive. Corrections
Corporation of America (CCA), meanwhile, was recently held in contempt for
understaffing prisons, and a few months earlier paid $600,000 to settle
another lawsuit over inmate abuse. The extremely profitable company has also
been caught overcrowding prisons to the point that many inmates sleep on the
floor, using gangs to police facilities,
Nov
16, 2012 Albuquerque Journal
A federal jury in Albuquerque found that the warden of the private contract
women’s prison in Grants and its former chief of security retaliated against
an inmate who reported sexual abuse by an employee at the facility in
violation of her First Amendment rights. The inmate, Lisa Jaramillo, spent 60
days in segregation for reporting seeing another inmate emerge from a room
with a corrections officer. The jury found no negligence by the private,
for-profit contracting giant Corrections Corporation of America, whose
wardens earn bonuses for keeping down complaints. Plaintiffs Lisa Jaramillo
and Kim Chavez alleged that CCA’s failure to abide by its own policies
requiring an officer to be present when an inmate was in the medical unit led
to sexual abuse of both of them. Both women are still completing criminal
sentences but are no longer at the New Mexico Women’s Correctional Facility.
Both were inmates in 2008 when a male nurse employed by Correctional Medical
Services, Roger Bustamante, allegedly assaulted them. He was later escorted
off the premises and fired. Four women sued Bustamante, CMS, CCA and
individual prison officials including Warden Arlene Hickson and former
security chief Robert Ulibarri, who was also discharged from employment
there. The jury on Thursday awarded Jaramillo a total of $6,000 in
compensatory damages against Ulibarri and Hickson and a total of $60,000 in
punitive damages against the two. Because that claim was brought under
federal law, attorneys Mark Fine, and American Civil Liberties Union lawyers
Maureen Sanders and Laura Schauer Ives will be able to claim attorney fees
for bringing the action. “We consider this to be a tremendous victory that
the jury acknowledged that women who report sexual abuse are retaliated
against — and that silence serves to suppress reports,” said Ives, the
managing attorney of the New Mexico ACLU. Daniel Struck, the Phoenix attorney
for CCA, left town before the verdict was returned and wasn’t available for
comment.
Nov 6, 2012 Albuquerque Journal
A woman who was serving a 13-year forgery sentence at the Grants Women’s
Correctional Facility in 2007 told a jury Monday that she was initially
flattered by the flirtations of a male nurse when she went to the medical
unit to strip and wax the floors.
But the first blush of feeling flattered soon turned to disgust, Lisa
Jaramillo testified before U.S. District Judge Judith Herrera. Jaramillo was
the first witness in the trial over the alleged sexual assault of her and
another woman at the prison run by Corrections Corporation of America under a
state contract. CCA, the nation’s largest private, for-profit prison
operator, provided the facility with security, and a separate, unrelated
company, Correctional Medical Services, staffed the medical unit.
Only Jaramillo and Kim Chavez remain as plaintiffs among the four women who
filed the lawsuit in 2009, because settlements were reached with the two
others. The claims include retaliation after reporting the assault, as well
as the assault itself.
Jaramillo, who said she came from a “family of addicts” in Las Cruces, spoke
softly and dabbed at her eyes as she described jerking away when the nurse,
Roger Bustamante, forced her hand down his pants and then yanked down her
pants and assaulted her after the rebuff. Jaramillo had earned a certificate
in cleaning while in prison and was alone in the medical unit without a
corrections officer as a monitor, despite rules calling for an officer to be
present. An assistant warden had asked Jaramillo to teach Chavez how to
operate the buffing and waxing machinery, but both women had to leave the
medical units and return to their cells after three hours when a bell sounded
for a regular count of inmates. Jaramillo came back to the medical unit
before Chavez. As Jaramillo bolted from the room after the assault in tears,
she said she saw a female nurse whom she avoided and then ran into Chavez and
told her what had happened. Attorney Mark Fine, who represents the women
inmates, told jurors in his opening statement that the 2003 Prison Rape
Elimination Act, signed into law by President George W. Bush, sets national
standards to prevent rape in prisons. By the end of trial, he said, it will
become clear that under the act, it’s not OK for a prison official to have
sex with an inmate. Daniel Struck, the Phoenix attorney defending CCA, said
the case was about “hustling.” “Those are not my words,” he said, adding that
they were a term Jaramillo used to refer to herself. He portrayed Jaramillo
as a troublemaker with over 25 disciplinary infractions and suggested she had
embellished the incident in each telling. Jaramillo acknowledged infractions
when she was questioned by Fine and said she’d made many bad decisions in her
life. But she said that when she referred to “hustling,” it meant trying to
get more or better food or tobacco, and was not about selling her body.— This
article appeared on page C1 of the Albuquerque Journal
July
25, 2012 KRQE
An audit of prison records begun last week has found a inmate at the women's prison in Grants who was
supposed to be released last November. State Corrections Secretary Gregg Marcantel said the statewide audit of the approximately
6,600 inmate records began at the New Mexico Women's Correctional Facility.
"Our standards, evaluation, and findings must remain transparent if we
are to remain aware what is expected of our service," Marcantel said in a statement released Wednesday
afternoon. "This finding represents our commitment (of) vigorously
looking at yourself." The nearly nine-month delay in releasing of Shera Winings was blamed on an employee of Corrections
Corporation of America, which operates the prison. Winings,
who had been held on a probation violation since October 2009, was released
on Saturday.
March
17, 2012 Albuquerque Journal
The companies that operate private prisons where New Mexico state inmates
serve their time have racked up nearly $1.6 million in penalties for
understaffing and other contract violations since the Martinez administration
started cracking down last year. Nearly all of that was attributable to
problems at The GEO Group Inc.’s prison in Hobbs, although the company’s
Clayton prison was recently added to the penalty list. The Corrections
Corporation of America, which operates the women’s prison in Grants, also has
been fined during the past couple of months, mostly for having inmates in the
prison after their release dates. Reversing the practice of the previous
administration, Republican Gov. Susana Martinez decided to pursue the
penalties the state is entitled to impose for contract violations. “In
today’s struggling economy, the people of New Mexico deserve to know the
Corrections Department is running in a fiscally responsible manner,” Corrections
Secretary Gregg Marcantel said this week in a
statement. The department recently revived its Office of Inspector General to
keep tabs on contract compliance. Such fines are discretionary, and former
Democratic Gov. Bill Richardson’s administration gave private prisons a pass,
irking lawmakers who estimated that upwards of $18 million could have been
collected. Richardson’s corrections chief, Joe Williams – who claimed that
estimate was inflated – said that prisons already were paying substantial
overtime costs, that understaffing was largely due to factors beyond their
control, and that the facilities were safe and secure. Williams worked at
Hobbs for GEO’s predecessor company before Richardson hired him, and he
returned to GEO’s corporate offices in Boca Raton, Fla., at the end of
Richardson’s tenure. After negotiations with the Martinez administration, GEO
in January paid a $1.1 million fine for violations at the Lea County
Correctional Facility in Hobbs for the period from January through October of
2011. GEO also agreed to put another $200,000 into recruitment over the
subsequent year. GEO continued to be penalized: $158,529 for November,
$139,621 for December, $78,710 for January and $84,753 for February,
according to documents provided by the department. The February assessment
isn’t final yet, because the company has until late this month to respond to
it. The fines largely were due to vacancies in the ranks of correctional
officers and in noncustodial positions such as teachers, counselors and treatment
providers. Corrections officials have said it’s difficult for the men’s
medium security lockup at Hobbs to recruit and keep corrections officers
because it’s competing with the oil industry. An assessment of $2,570 for
understaffing in January was proposed for GEO’s Northeastern New Mexico
Detention Facility in Clayton, but the problem had been corrected by the time
the department sent a letter to the prison on Feb. 10, and no penalty was
assessed. In early March, however, the department notified the Clayton prison
that it would be fined $5,373 for February, for vacancies in mandatory posts
and for two inmates imprisoned beyond their release date. That penalty is
pending. GEO did not respond to requests from the Journal for comment. The
Corrections Corporation of America, which operates the New Mexico Women’s
Correctional Facility in Grants, was fined $11,779 for January, and $9,974
for February – still pending – for an academic instructor vacancy and for
inmates held beyond their release dates. Inspector General Shannon McReynolds
said that occurs when the required parole plans aren’t developed in a timely
way.
April
25, 2011 The New Mexican
The two for-profit firms that run four of New Mexico's 10 prisons often
struggle to keep correctional officer jobs filled, state records show. One in
five such jobs at a Hobbs facility was vacant for much of the past 15 months,
while the prison in Santa Rosa reported a vacancy rate of around 12.5 percent
over the same period, according to the records. By contract, New Mexico can
penalize The GEO Group and Corrections Corporation of America, the two firms
that operate the facilities, when staffing vacancies are at 10 percent or
more for 30 consecutive days. It's a threshold that appears to have been
crossed multiple times at all four prisons since January 2010. The vacancy
rate at Hobbs topped the 10-percent threshold in each of the 14 months for
which data was available between January 2010 and March of this year.
Meanwhile, the 10-percent threshold was topped nine times over that period at
Santa Rosa and six times at a Clayton facility. Like the Hobbs facility, both
are run by GEO. A CCA-operated prison in Grants topped the 10 percent rate
four times over the same period. Whether to penalize the out-of-state,
for-profit firms is an issue that has come up before. The question surfaced
last year when state lawmakers were struggling to find ways to close a
yawning state budget gap. At the time, the Legislature's budget arm, the
Legislative Finance Committee, estimated Gov. Bill Richardson's
administration had skipped $18 million in penalties against the two firms.
One powerful lawmaker said Monday the issue is still important and the
Legislature shouldn't lose sight of it. "We'd like to follow up and
perhaps do a performance group review on the private prison operators to see
whether they are making excessive profits," Rep. Luciano
"Lucky" Varela, D-Santa Fe, said of the Legislative Finance
Committee. Varela, the committee chairman, said he can accept a reasonable
return for the prison operators, but high vacancy rates at prisons operated
by the firms raise questions about how state dollars are being spent to
operate the facilities. Determining whether the companies should be penalized
for high vacancy rates is an involved process, a Corrections Department
spokesman said. GEO and CCA might have asked corrections officers already on
the job to work overtime to address the staffing situation. If they did, the
department "cannot in good faith consider that position to be vacant,"
spokesman Shannon McReynolds wrote in an email. But the state doesn't know
whether that happened. That would require going through shift rosters at each
privately operated facility, McReynolds said in a follow-up phone interview.
"That will take a decision from the administration," McReynolds
said, referring to new Corrections Secretary Lupe Martinez. "We do not
have specifics on overtime. Every once in awhile
we'll hear a particular facility has spent a lot on overtime." Because
of sporadic record-keeping at the facilities GEO and CCA operate, the state
corrections agency couldn't verify last year how often the two firms violated
the vacancy-rate provision in their contracts, if at all. As a result, the
agency couldn't corroborate or refute the Legislative Finance Committee's
estimate of uncollected penalties. Joe Williams, then-corrections secretary,
decided not to pursue penalizing the two companies, saying GEO and CCA were
making a good-faith effort to keep the facilities staffed. The contracts give
the corrections secretary discretion to waive the penalties. If Lupe
Martinez, the new corrections secretary, decides to collect penalties, it
would be only for January 2011 and onward, McReynolds said. Gov. Susana
Martinez took power in January and soon afterward appointed Lupe Martinez, no
relation, as her corrections secretary. According to state records, of the
four privately operated prisons, Lea County Correctional Facility in Hobbs
has struggled the most to keep correctional officers on the job. The facility's
vacancy rate hovered above 20 percent for 12 of the 14 months for which there
was data between January 2010 and March of this year. That includes seven
consecutive months — September 2010 through March — when the vacancy rate was
25.24 percent, records show. GEO-run Guadalupe County Correctional Facility
in Santa Rosa reported a 16.93 percent vacancy rate last July, a high point.
The vacancy rate has hovered below 10 percent in five of the last seven
months. Another GEO-run facility, the Northeast New Mexico Correctional
Facility in Clayton, showed a similar trend, reporting vacancy rates higher
than 10 percent for six of the seven months for which data was available
between January and August 2010. Data for July 2010 was missing. As in Santa
Rosa, the Clayton facility's vacancy rate has dropped in recent months. The
state's fourth privately operated prison, CCA-run New Mexico Women's
Correctional Facility in Grants, reported a vacancy rate above 10 percent
four times from January 2010 to July 2010, with a 16.47 percent vacancy rate
reported in July. The state corrections agency did not have data for August
2010 to March 2011.
September
10, 2010 New Mexico Independent
The state appears to have been within its rights last year to repeatedly
penalize two private prison operators for letting their vacancy rates hover
above a 10 percent trigger in their contracts, state records show. By
contract New Mexico can levy penalties against the two firms – GEO Group and
Corrections Corp. of America (CCA) — when staffing vacancies at the
facilities they manage in Hobbs, Grants, Clayton and Santa Rosa stay at 10
percent or more for 30-consecutive days. Staffing levels at three of the four
privately operated facilities hovered above 10 percent for much of last year,
state records show. As for the fourth facility, the vacancy rate was above
the 10 percent trigger in six of the 13 months the state records covered.
Corrections Secretary Joe Williams, who worked for GEO before Gov. Bill
Richardson tapped him as corrections secretary, told The Independent last
week the state had never penalized GEO or CCA despite vacancy rates
repeatedly topping the 10 percent trigger. He had the discretion to decide
whether to penalize the firms or not, and he had decided against it, Williams
said. The firms were doing a good job of managing the prisons, he added. Some
state lawmakers are wondering why Williams never assessed the penalties. Some
believe the never-assessed penalties could amount to millions of dollars.
State records show that vacancies at GEO-operated Guadalupe County
Correctional Facility in Santa Rosa were above the 10 percent threshold in 11
of the13 months between July 2009 to July 2010; 10 of the 13 months at the
GEO-run Lea County Correctional Facility in Hobbs; and nine of the 13 months
at the CCA-operated New Mexico Women’s Correctional Facility in Grants. The
vacancy rate at the GEO-run Northeast New Mexico Correctional Facility
eclipsed the 10 percent rate in six of the 13 months covered by the time
period shown in the records, state records show. The agency on Friday
reiterated Williams’ discretion in deciding whether to penalize the companies
or not. “The contract clauses that deal with vacancy rates gives sole
discretion to NMCD so that they may penalize the private prisons,” read an
e-mail to The Independent after we had sent questions related to the vacancy
rates from July 2009 to July 2010. “The penalties are not mandatory and are
decided by the department,” the e-mail continued. “Secretary Williams will be
presenting the reasons to why he has not penalized the vendors to the
Legislative Finance Committee in an upcoming hearing. The department welcomes
you to attend the committee hearing.”
December
14, 2009 Cibola Beacon
A former education director at the New Mexico Women's Correctional Facility
has been indicted on a second degree felony count of criminal sexual
penetration of an inmate. Charles Buccigrossi, 65,
former education director at the Correctional Corporations of America
facility, made sexual contact with an inmate, according to a Grants Police
Department report. Officers were dispatched to the prison on Aug. 10 in
response to investigate the allegation. According to court documents, the
inmate was cleaning the director's office when she claimed Buccigrossi instructed her to have sex with him.
According to the affidavit and the victim's statement, he told the inmate she
would “stay doing more time” if she refused. The inmate's account of the
incident revealed evidence that was found in Buccigrossi's
office, which was searched for evidence later that day. A DNA lab test showed
Buccigrossi is the only person who could have left
his DNA at the scene of the crime. According to GPD's Detective Kevin Dobbs
and the state's statues; any sexual contact, coerced or forced in considered
criminal when an inmate is confined in a correctional facility or jail and
the perpetrator is in authority over the inmate.
October
28, 2009 The New Mexican
The state of New Mexico would have to shutter two prisons, give early
releases to up to 660 prisoners and lay off and furlough Corrections
Department employees if Gov. Bill Richardson signs budget cuts approved by
the Legislature, his office said Wednesday. Richardson's office raised that
grim possibility as his staff analyzes the impact of $253 million in spending
cuts legislators passed during a special session last week to deal with a
revenue shortfall. His administration on Monday had said other cuts approved
by the Legislature could mean the state Human Services Department would reduce
children's health care, nutrition programs for seniors and programs for the
developmentally disabled, if he were to sign the measures. But lawmakers say
they won't be blamed for decisions that are now up to Richardson. "He
wants it to seem like we're making the decisions," said House Minority
Whip Keith Gardner, R-Roswell. "But he's making the calls where he wants
to cut. He's making that decision." The Corrections Department said that
in order to meet $21 million in budget cuts, it would have to close the
Roswell Correctional Center in Hagerman and the New Mexico Women's
Correctional Facility in Grants. About 270 inmates are incarcerated at the
state-operated Roswell facility, while about 590 are housed in the Grants
facility, which is operated by the Corrections Corporation of America. The
state would have to cancel its contract with the company.
September
19, 2007 AP
The state Court of Appeals has ruled that a private prison company is not
entitled to a refund of taxes for operating prisons that house inmates for
the state and federal governments. Corrections Corporation of America had
sought a refund of state gross receipts taxes, claiming it was allowed a
deduction for the leasing of its prisons under agreements with the Department
of Corrections and the federal Bureau of Prisons. The Court of Appeals
concluded Tuesday there was no lease of real property. "The fact that
CCA had the right to fill up any extra space with inmates from other
jurisdictions coupled with the governmental entities' paying based on the
number of inmates housed, makes these agreements look more like those between
'hotels, motels, rooming houses, and other facilities' and 'lodgers or
occupants' than leases for real property," the court said in an opinion
written by Judge Michael Bustamante. The company built and owns prisons used
by the state and other governments: the New Mexico Women's Correctional
Facility in Grants, the Cibola County Correctional Center near Milan and the
Torrance County Detention Facility at Estancia. In 2002, the company filed
for a refund of nearly $2.5 million for taxes from January 1999 to October
2002. A state district court in Santa Fe ruled against the company in 2005.
September
18, 2007 AP
The state Court of Appeals has ruled that a private prison company isn't
entitled to a refund of taxes for operating prisons that house inmates for
the state and federal governments. Corrections Corporation of America had
sought a refund of state gross receipts taxes. The company claimed a
deduction for the leasing of its prisons under agreements with the Department
of Corrections and the federal Bureau of Prisons. The court ruled today that
there was no lease of real property. In 2002, the company filed for a refund
of nearly $2.5 million for taxes from January 1999 to October 2002. In its
appeal, the company dropped some claims but didn't specify the amount of
refund it was seeking. CCA operates a prison at Grants that houses state
female inmates. It also has a prison in Torrance County and contracts with
the Bureau of Prisons to hold federal inmates near Milan in Cibola County.
August
30, 2007 Cibola Beacon
The Beacon recently received several calls from residents concerned about the
safety of the community because of the staff shortage in the areas prisons.
All three prisons, Western New Mexico Correctional Facility in Grants, Cibola
County Corrections Center (AKA Four C's) in Milan and the New Mexico Women's
Correctional Facility, also in Grants, are currently in need of correctional
officers. Four C's in Milan is the most needful of officers. Currently, it is
38 officers short. The facility has a total of 159 CO positions,
therefore it is now understaffed by 24 percent. “First, there is absolutely
no risk to be concerned about,” Warden Walt Wells said on Wednesday. “We
continually analyze the staff to be sure we have the adequate staff to
protect our inmates, employees and the community. We'll never let it fall to
the level to where there is a risk.” According to Warden Allan Cooper at the
Grants women's facility, Americans Corrections Association says the ratio of
inmate to corrections officer should be about 580 inmates to 76 staff, about
65 of the latter being correctional officers. “The public will never be at
risk,” said Cooper. Cooper's Administrative Assistant, Lisa Riley, said they
have to fill all the posts no matter what. “If it costs us lots of overtime,
that doesn't matter,” Riley said. “We have our requirements that have to met by the state.”
August
4, 2006 Cibola Beacon
The New Mexico Corrections Department recently announced the settlement of an
ACLU lawsuit against it includes a proviso that the department will not be
releasing inmates early. “This agreement gives us the confidence that
offenders will not be released from prison early, especially since the
department currently has adequate capacity,” said Corrections Department
Secretary Joe R. Williams. After the lawsuit was filed in April, corrections
officials authorized the move of 68 minimum-security female inmates from
Grants Women's Correctional Facility to temporary holding at the Regional
Correctional Center in downtown Albuquerque until Camino Nuevo opened last
month. Camino was the former Children's Youth and Family juvenile detention
center in Albuquerque and will hold up to 192 women. The ACLU contended that
the corrections secretary is mandated by state law to create a Population
Control Commission to address the overpopulation problem within 30 days after
a facility is deemed overcrowded. The commission must convene in 60 days, and
at the 30-day point Williams must provide the commission with a list of
non-violent offenders, who are slated for release within six months. The
Corrections Corporation of America built the Grants facility in 1989 for 200
female convicts, and expanded in 1995 to include 118 more beds and
educational work areas. It houses women inmates from minimum to
maximum-security levels, and its highest capacity is 611. Its current
population is 605 as of Thursday morning.
July
21, 2006 AP
The American Civil Liberties Union dropped a lawsuit Thursday against the
state Corrections Department after Secretary Joe Williams agreed to convene a
special commission to address overcrowding at the women's prison near Grants.
The action ended a dispute that began when the civil-rights organization sued
in April. The ACLU claimed the agency wasn't complying with a 2002 law that
provides for early release of nonviolent prisoners when a prison is over
capacity for two months. Officials subsequently moved 68 women from the New
Mexico Women's Correctional Facility to a privately operated Albuquerque
jail. Corrections officials argued that the shift meant the Grants prison no
longer was over capacity.
June
21, 2006 Gallup Independent
The veteran warden of the New Mexico Women's Correction Facility in Grants
has retired, according to a spokesman for Corrections Corporation of America.
CCA operates the prison on Grants east side under a contract with the state
of New Mexico's Corrections Department. Bill Snodgrass has been succeeded, at
least temporarily, by Barbara Wagner as interim warden. She is the first
warden of the Camino Nuevo Corrections Center in Albuquerque, opened to
relieve overcrowding at the 596-bed female facility. The excess number of
women being held in Grants was reduced by the recent transfers to Camino
Nuevo long after a lawsuit against the state for violating prisoners' civil
rights. Steve Owen of CCA headquarters in Nashville denied that Snodgrass had
been let go, commenting, "When you get a new management team, the
administration often assesses its key management personnel and it is not
uncommon to have some changes made. When you are going with a new management
style, you want to be sure you want to be sure you have the right people in
place." The word going around the community was that in addition to
Snodgrass departing, four others were escorted from the compound on Sakeluras Boulevard. And a week later, another four or
five also were given the boot.
April
14, 2006 Cibola Beacon
New Mexico ACLU executive director Peter Simonson recently announced the
organization filed legal papers to force the New Mexico Department of
Corrections to rectify inmate overcrowding at the New Mexico Women’s
Correctional Facility in Grants. Simonson said the ACLU has told DOC
Secretary Joe Williams it needs to see progress in solving the overcrowding
and other problems at the women’s facility. “He knew … about a month ago
there would be a lawsuit. The ACLU stated that the overcrowding has
contributed to tensions, fighting and even problems for the facility’s
employees. In addition, ACLU contends sewage backups into the living areas
resulted in corrections officers having to wear masks because of the smell.
November
22, 2005 Cibola Beacon
Tia Bland of the New Mexico Corrections Department reported Friday that she
still has not been served with the lawsuit filed by the Freedom From Religion
Foundation. The suit alleges the NMCD, Corrections Corporation of America
(CCA) and other related defendants are violating First Amendment rights by
using taxpayer funds to support religious indoctrination as a component of
the programming provided to prison inmates. Bland said, "The corrections
department pays the CCA to house inmates and how they break that down is a
question for CCA." In a previous Beacon story, CCA claimed that
volunteers provided the faith-based resources.
November
8, 2005 BBS News
A state-funded fundamentalist Christian prison ministry program ("God
pod") in a women's prison in New Mexico is being challenged in federal
court by the Freedom From Religion Foundation, a state/church watchdog. The
Foundation filed suit yesterday in the Federal District of New Mexico. The
lawsuit marks the sixth faith-based challenge by the national association of
atheists and agnostics, working to keep state and church separate. The
Foundation has brought and won more legal challenges against the
"faith-based initiative" than any other group. The Foundation, as a
plaintiff, is joined by six taxpaying New Mexico Foundation members: Martin
Boyd, M.D., Jesse V. Chavez; Ernie and Sabina Hirshman;
Peter Viviano, and Paul Weinbaum. Defendants are:
New Mexico Gov. Bill Richardson; Joe R. Williams, Secretary of the New Mexico
Corrections Department; Homer Gonzales, coordinator of faith-based programs
for the New Mexico Corrections department; Bill Snodgrass, warden, New Mexico
Women's Correctional Facility, and the Corrections Corporation of America.
The extent to which "faith-based" programs are being promoted in
New Mexico prisons is indicated by a recent statement by Corrections
Secretary Joe Williams. He told the American Correctional Conference in
Phoenix in January 2005: "Don't forget that Jesus Christ himself was a
prisoner" (The Santa Fe Reporter, March 9. 2005). The State of New
Mexico contracts with the private Corrections Corporation of America (CCA) to
provide prison services. CCA, the largest private provider of prison services
in the country, manages the women's prison in Grants, N. M., which offers an
exclusively faith-based segregation pod. Officially, the Grants program is
called the "Life Principles Community/Crossings Program."
December
5, 2002
Tana Morris, a 30-year-old
inmate at the Women's Correctional Facility in Grants, filed a civil
complaint in state district court on Monday against the Department of
Corrections and Bill Snodgrass, the warden of the Grants facility, seeking
compensation for her current and future health problems she claims are the
result of constant exposure to secondhand smoke in the prison. "I have never even smoked even one
cigarette in my life, and this 24-hour exposure to secondhand smoke is of
grave concern to me ...," Morris states in her complaint. "I have
young children who deserve to have a healthy mother. At this point, my health is rapidly
deteriorating due to my living conditions, and the idea of being healthy is
looking to be out of my reach." Department of Corrections spokesman
Gerges Scott said the Grants facility has its own smoking policy because it
is operated privately by Corrections Corporation of America, but a telephone
operator at the Grants facility said the jail follows the state's
guidelines. State Sen. Joseph Carraro, R-Albuquerque, said the department's policy
allowing prisoners to smoke was a lawsuit waiting to happen. Carraro authored a failed bill this past legislative
session that would have banned smoking in prisons. He claimed
the state is already paying millions of dollars a year in health
care for prisoners and might be liable for inmate health problems that are
the result of first- or secondhand smoke. (Santa Fe New Mexican.com)
Northeast New Mexico Detention Facility
Clayton, New Mexico
GEO Group
Sep
18, 2019 correctionsone.com
NM inmate who had
throat slit sues state, company that managed prison
CLAYTON,
NM — An inmate who had his throat slit during a 2017 riot at a state prison
in Clayton is suing the state Corrections Department and the company that
managed the prison, claiming they failed to adequately staff the facility.
Twenty corrections officers were supposed to be on duty at the 625-bed medium
security prison on the evening of Sept. 23, 2017, the night of the uprising,
according to the lawsuit, but only nine guards were actually
working. According to reports from the time, the riot erupted after
convicted serial killer Clifton Bloomfield convinced 22-year-old prison guard
Matthew Shriner to open his cell, then took Shriner’s keys and used them to
open the cells of other inmates. They then took control of the cell block for
more than an hour before they were subdued with tear gas, flooding and flash
grenades. During the melee, two inmates entered Samuel Sanchez’s cell and cut
his throat, nearly killing him. Sanchez, 36, said he was in segregation at
the time and believes prisons guards had identified him as a “snitch,”
according to the complaint. “He was asleep in his cell when his throat was
slit and bled out for well over an hour,” Sanchez’s attorney, Shannon
Kennedy, said in an email Monday. “He is lucky to be alive; however, still
terrified because he is been portrayed in the media as a 'snitch.’ ” Shriner — who is named as a defendant in the complaint
but could not be reached for comment late Tuesday — has been charged in state
District Court with intentionally permitting Bloomfield to escape custody,
unlawful rescue of a convicted capital offender and assisting in an escape.
He has filed his own lawsuit over the incident which, like Sanchez’s, accuses
the state and the private prison management company GEO Group of failing to
properly staff the prison. Florida-based GEO Group ran the Clayton facility
for the past decade but announced this spring it would not renew its contract
with the state and the town of Clayton, citing the difficulty it faced in keeping
the prison adequately staffed. According to Sanchez’s lawsuit, the state
fined GEO Group more than $1.3 million for failure to maintain minimum
staffing levels at the prison between 2017 and 2018. While there are 204
allocated positions at the facility, a spokeswoman for Gov. Michelle Lujan
Grisham said the prison had a staff of only 120 in late June when GEO
announced it was ending its contract. The state plans to take over operations
during a three-month transitional phase, which began in August. Corrections
spokesman Eric Harrison said in an email Monday that he could not comment on
Sanchez’s lawsuit because the department had not been served. He could not
provide updated staffing data Monday. “As for the Clayton staffing numbers,
we are currently reworking the configuration for staffing it as a state-run
facility,” Harrison wrote. Sanchez’s lawsuit seeks an unspecified amount of
damages and plus legal costs.
Jul
20, 2019 correctionsone.com
Warning received days before riot at NM
prison. An inmate assaulted a CO, escaped with his keys, freed other
prisoners and then incited a riot in which one inmate was nearly killed and
another alleged he was raped
CLAYTON, N.M. — Mark Bowen, warden of the Northeast
New Mexico Detention Facility in Clayton, received a note in September 2017
warning that a convicted serial killer serving a nearly 200-year sentence in
the prison was planning to harm his staff, according to an email he issued to
a handful of workers. The email, which surfaced recently, warned of the
potential threat posed by Clifton Bloomfield — who pleaded guilty more than a
decade ago to killing five people in Albuquerque. Bowen ordered staff to
“ensure that all precautions are used when dealing with this inmate.” That
meant a guard must be accompanied by a supervisor, and a surveillance camera
must be operating at the time, the email said. Less than two weeks later,
however, Bloomfield convinced a rookie corrections officer working alone at night
in the inmate’s cellblock to open his cell door. Reports say Bloomfield
assaulted the guard, escaped with his keys, freed several other prisoners and
then incited an hourlong uprising in which one inmate was nearly killed and
another alleged he was raped. State prosecutors have portrayed the young
guard, Matthew Shriner, as both a victim and a culprit in the Sept. 23, 2017,
riot. A criminal case against Bloomfield accuses the inmate of holding
Shriner hostage and assaulting him before starting the riot. But Shriner also
faces felony counts, charging him with “intentionally” permitting Bloomfield
to escape custody, unlawful rescue of a convicted capital offender and
assisting in an escape. Bowen’s email directing staff to follow strict
procedures when tending to Bloomfield raises questions about why Shriner, an
inexperienced guard, was working alone in the prisoner’s cellblock that night
and who should be held culpable for the riot. Shriner, who was 22 at the time
of the riot, has filed a lawsuit accusing the New Mexico Corrections
Department and private prison operator GEO Group of forcing him to work solo
in a cellblock where “the most hardened dangerous criminals” are held, even
though he was “uncertified, not properly trained, and inexperienced in corrections
security.” He also was sick and exhausted from being overworked at the
severely understaffed prison, he said in the complaint, filed last year in
state District Court. According to a KRQE-TV report, the riot erupted on a
night when only nine of what should have been 20 corrections officers were on
duty. Shriner’s lawsuit said he was “scapegoated” for the riot and placed on
unpaid leave. He declined to comment on the case this week, saying his lawyer
advised him not to speak about it because of the criminal charges he’s
facing. His attorney, Mark A. Earnest, also declined to comment, saying he
expects the case to go to trial. Eighth Judicial District Attorney Donald
Gallegos — who has announced he’ll retire at the end of the month with more
than a year to go on his term — did not respond to a request for comment from
his office on the charges against Shriner. In his email issued Sept. 12,
2017, Bowen wrote: “We received a kite [note] this morning stating that
inmate Bloomfield who is housed in [Restrictive Housing Unit] wants to harm
our staff. All of us know how dangerous this inmate is. … Ensure a supervisor
and camera is present when his food tray slot or cell door is open.” A paper
copy of the email was provided to The New Mexican anonymously, and Gov.
Michelle Lujan Grisham’s office has confirmed it was authentic and that Bowen
sent it to staff that day. Just 11 days later, Bloomfield “tricked” Shriner
to open the door to his cell, the former guard said in his lawsuit. According
to an internal review of the riot included with the suit, Bloomfield held a
weapon fashioned from a toothbrush against Shriner’s throat and ordered the
guard to give him the keys to neighboring cells. Shriner, “by some miracle,
disengaged from the headlock and grasp of Clifton Bloomfield, jumped over a
railing onto a concrete floor, sustaining severe injuries to his body,
escaped and summoned help,” according to his lawsuit. Bloomfield, meanwhile,
proceeded to release other inmates, who collectively took control of the unit
for more than an hour before corrections officers subdued them with tear gas,
flooding and flash grenades, the internal review said. During the melee, the
document said, one inmate had his throat cut and was airlifted to a nearby
hospital; another inmate reported he was raped during the incident. Tripp Stelnicki, a spokesman for Lujan Grisham, referred
questions about Bowen’s directive on Bloomfield and whether prison officials
could have prevented the riot to either Bowen or his employer, the GEO Group.
But, Stelnicki said in an email, “The state’s
procedure is two-person escorts in and out of restricting housing units,
always. So if what you describe is what happened, we
would be extremely concerned about that as it would represent a violation of
procedure to which state expects its contractors to adhere.” Bowen said
Tuesday he couldn’t comment and referred questions to GEO. GEO spokesman
James Hallinan, in an email Tuesday, blamed the state for the riot. “The
previous administration should have never placed such a high-security inmate
in a medium security facility,” Hallinan said. “… While we value our
partnership with the state, we dispute certain findings within the previous
administration’s New Mexico [Corrections Department] incident report related
to staffing concerns, post assignments, and security measures, as well as
specific findings related to the timeline of the incident.” Hallinan said he
was referring to the administration of former Gov. Susana Martinez, who was
in office at the time of the riot. Florida-based GEO has run the Clayton
detention center for the past decade but announced recently it would not
renew its contract with the state and the town of Clayton, which owns the
facility. The company cited the difficulty it faced in keeping the facility
adequately staffed. While there are 204 allocated positions at the facility,
a spokeswoman for the governor said, the prison had a staff of only 120 in
late June, when GEO announced it was ending its contract. The state plans to
take over operations during a three-month transitional phase beginning Aug.
3. GEO still manages state prisons in Guadalupe and Lea counties. Asked if
Bowen will retain his position as warden at the Clayton prison when the state
takes over management next month, Stelnicki said: “The
current warden is free to apply for the job with the state like anyone else
who is interested in the post.”
Jul
12, 2019 dchieftain.com
New Mexico official
sets private prison transfer timeline
ALBUQUERQUE, N.M.
(AP) — A plan to transfer operations at a New Mexico lockup from a private
company to the state is expected to begin next month, though final details
and negotiations remain underway, the state’s top prison official told
lawmakers. Corrections Secretary Alisha Tafoya Lucero testified this week
during a legislative hearing that officials have set Aug. 3 as the day when
they and the GEO Group will begin the three-month process of transferring the
Northeast New Mexico Detention Facility in Clayton to state management. The
prison is owned by the town of Clayton, which has an agreement to receive
payment from the state to house the inmates. The city pays the GEO Group to
manage the medium-security facility. Tafoya Lucero told lawmakers in Santa Fe
at the start of three days of hearings that ended Wednesday that the state is
in negotiations to own the facility. The comment came in response to
questions from Sen. Peter Wirth, D-Santa Fe, amid concerns that the current
contract the state has with Clayton officials could potentially allow them to
lease beds the state does not use to federal agencies and others. “I just
think if the state is going to be involved in running that facility, we
should — quote, unquote — own it,” said Wirth, who is the Senate Majority
Leader. Clayton City Manager Ferron Lucero was out of town and not available
for comment on negotiations, an assistant said. The city has a population of
about 3,000 people, where census data show the per capita income is about
$21,000 per year. A corrections officer working full time for the GEO Group
in Clayton was paid about $15 per hour and would have made about $31,000 in
the past year, not including compensation for overtime, according to a
company document. Corrections officer at state-run prisons make more than $17
per hour. A spokesman for the Florida-based GEO Group said the company made
the decision to end its contract for the prison because of difficulties
recruiting and retaining workers. The corrections secretary also said GEO
Group has struggled to maintain staffing numbers at the prison. The GEO Group
currently operates three of New Mexico’s 11 prisons, and
plans to continue managing the other two. In its decision to leave Clayton,
the company said it had not received increased compensation adjusted for
inflation, and that resulted in minimal wage changes for prison staff,
according to the company. The corporations CoreCivic
and Management & Training Corporation also each operate a prison. GEO
Group’s 2018 annual report shows $2.3 billion in total revenue, with about 2%
coming from the state of New Mexico.
Jun
28, 2019 krqe.com
Clayton prison operations to move under state control
CLAYTON, N.M. (KRQE)
– The state’s Department of Corrections announced plans Thursday to take over
the operations of the Clayton prison.
Officially known as the “Northeast New Mexico Detention Facility,” the
prison has been operated by a private firm called the “Geo Group” for the
last decade. By September, the facility is likely to be under state control.
While both sides say the split is a “mutual agreement,” the Clayton prison
has also seen its fair share of issues centered around staffing. The
operational change comes after KRQE News 13 Investigative Reporter Larry
Barker exposed problems at the prison tied to a low level of staff working at
the facility. In 2017, the prison was home to one of New Mexico’s most
significant inmate uprisings in the past few decades, however, no one knew
about it for several months. The uprising started when an inexperienced
prison guard let convicted serial killer Clifton Bloomfield out of his cell
for an unknown reason. That guard is now facing criminal charges for the
incident, which led to a cell block riot. Larry Barker’s investigative report
exposed how the Clayton prison’s operator, the Geo
Group has struggled for years to hire enough staff to run the facility
according to operational guidelines. The Geo Group now says its staffing
shortage is a prime reason behind the firm handing over the Clayton prison’s
facility operations to the state. “The Clayton facility is very challenging
when it comes to staffing,” said James Hallinan, a spokesman for the Geo
Group. The Geo Group also claims the state hasn’t raised the “per diem”
amount of money it pays out to house each inmate. The private firm claims
that money would have gone toward making more competitive employee salaries.
“The most important thing is making sure we maintain a safe prison that
continue to employee New Mexicans, and the best way to do that at this point
is to transition that over to the state,” said Hallinan. New Mexico Governor
Michelle Lujan Grisham’s Office released a statement Thursday saying the
state is currently in negotiations with the town of Clayton to take over
operations. “The negotiations have been productive and amicable. All parties
share an emphasis on the need to maintain employment in Clayton and ensure
safe conditions for both facility employees and inmates,” said New Mexico
Correction Secretary Alisha Tafoya Lucero. The Geo Group is expected to
relinquish control of the facility to the state’s Department of Corrections
by September 25. The state’s Department of Corrections says it will keep the
Clayton facility fully operational. They also believe they’ll have better
luck hiring more staff because they’ll be able to pay more. If the transition
happens as expected, it would be the first private prison in New Mexico to be
taken over by the state.
Feb 18, 2019 santafenewmexican.com
Inmate sues private prison operator after alleged attack in New Mexico
A state inmate formerly housed at the Northwest New Mexico Correctional
Center in Grants is suing the company that operates the prison, claiming
officials allowed six other inmates to assault him for more than 10 minutes
without intervening and didn’t provide him care for injuries he received during
the attack for about a week. Leonard Lucero, 44, says in his complaint filed
last week in U.S. District Court that a corrections officer employed by CoreCivic played a role in the assault — which he says
occurred in October — and that Warden Betty J. Judd observed the incident. It
wasn’t until five days later, Lucero’s lawsuit says, that he received medical
treatment, including the wiring of his broken jaw and X-rays to check for
brain hemorrhage and swelling. Lucero has since been moved to the Penitentiary
of New Mexico near Santa Fe. CoreCivic Director of
Public Affairs Amanda S. Gilchrist said in an email statement that the
company has not yet been served with the complaint, adding “just because a
complaint has been filed does not mean [it contains] facts.” “While we do not
comment on pending litigation, what I can tell you is CoreCivic
cares deeply about every person in our care, and we work hard to ensure those
in our facility are treated respectfully and humanely,” Gilchrist wrote in an
email. “We do not tolerate discrimination of any kind and have a
zero-tolerance policy for all forms of excessive use of force.” Lucero’s
complaint also names as a defendant Centurion Managed Care, the company that
provides health care in the state’s 11 prisons. The company did not respond
to an email seeking comment last week. Lucero’s lawsuit is one of at least a
dozen filed in state and federal courts in the past year by prisoners against
CoreCivic, Judd or the state Corrections Department
about treatment they receive at the hands of CoreCivic
employees in Grants. The Northwest New Mexico Correctional facility, which
houses up to 744 male inmates at a time, is one of six privately run prisons
in the state, and the only one manged by CoreCivic. The state Corrections Department directly
manages five of the state’s prisons. Several of the lawsuits allege lack of
access to medical care, excessive use of force, intolerable living conditions
and failure to follow established policies including grievance policies,
among other claims. Among the plaintiffs is James Fitzpatrick a 70-year-old
disabled veteran serving 12 years on a second-degree murder conviction. He
has filed at least three lawsuits against the facility, including claims of
inadequate medical care, an assault by a corrections officer and inadequate
food. “I have been in 8 facilities in 8˝ years,” Fitzpatrick wrote in a
letter to The New Mexican in July. “Core Civic, Grants, is by far the worst
facility of them all.” Asked to address some of the allegations raised in the
lawsuits the company said in an email that it has “a robust grievance
process” which includes toll-free numbers and access to management; is
“committed to providing all inmates … access to high-quality health care …”
and provides meals that meet or exceed nutritional standards. When Gov.
Michelle Lujan Grisham named former Florida prisons system leader Julie Jones
secretary of the Corrections Department in January, she said holding private
prison contractors accountable for delivering quality services would be a
priority. Jones was not made available for comment. Deputy Director of Adult
Prisons Melanie Martinez said she could not comment on pending litigation.
Martinez said “the governor wanted [Jones] to come in and do an assessment of
the department and interact with legislators and advocates and figure out the
strengths and weaknesses and go from there.” “She is willing to hold people
accountable,” Martinez said of Jones.
October
27, 2018 santafenewmexican.com
Ex-guard accused of abetting inmate sues New Mexico, jail operator
Matthew Shriner says it wasn’t his fault. While the state accuses the former
prison guard of intentionally helping an inmate get out of his cell before
the prisoner caused havoc at the Northeast New Mexico Detention Facility, Shriner
claims in a lawsuit that he had been forced to work alone in the prison’s
restricted housing unit despite being ill and untrained. Shriner, who was 22
at the time of the violent September 2017 incident near Clayton, says in his
complaint he was forced to work solo in the cellblock where “the most
hardened dangerous criminals in the facility” are held “when he was sick,
exhausted from overwork, uncertified, not properly trained, and inexperienced
in corrections security.” Shriner says in his complaint he was “tricked” by
Clifton Bloomfield — an inmate convicted of murdering five people in
Albuquerque — into opening Bloomfield’s cell, then Bloomfield assaulted him.
According to a July 2018 report by KRQE News 13, Bloomfield took Shriner’s
keys and used them to open the cells of other inmates who then took control
of the cellblock for more than an hour before they were subdued with the use
of tear gas, flooding and flash grenades. According to video aired by the TV
station, Shriner was able to escape and call for help, but before order was
restored someone slashed the throat of another inmate who was later found
unconscious in a pool of blood on his cell floor. Shriner is scheduled to be
arraigned Monday in Magistrate Court in Clayton on charges of unlawful rescue
and assisting escape that were filed earlier this month. Bloomfield has been
charged with attempted murder, aggravated assault and aggravated battery.
Shriner names as defendants in his lawsuit the state Corrections Department,
Corrections Secretary David Jablonski, Warden Mark Bowen, Lt. Randall Thomas,
and the GEO Group, the Florida-based company that operates the prison for the
state. Shriner, who was working the cellblock without a weapon or radio,
claims the Department of Corrections failed to monitor the performance of GEO
Group and that the private prison contractor failed to train its employees or
comply with the terms of its contract. Both entities failed, he says, to
ensure that dangerous inmates like Bloomfield were controlled at all times by
certified officers and adequate safety equipment. “GEO covered up the riot,
and constructively discharged plaintiff in a wrongful manner,” the lawsuit
asserts, claiming that Shriner’s immediate supervisor “was not meaningfully
disciplined, although his conduct is what caused the riot.” Shriner, who also
accuses the defendants of defamation and breach of contract, seeks
compensatory damages including back pay, medical expenses and emotional
distress, as well as punitive damages against GEO Group. GEO Group did not
respond Friday to an email seeking comment for this story. Corrections
Department spokesman S.U. Mahesh said the department had not been served with
the lawsuit yet and couldn’t comment on the allegations. Jablonski told KRQE
in July there were supposed to be 20 guards on duty the night the riot, but
in reality there were only nine. “I was extremely outraged that these
breaches occurred under our watch,” Jablonski said before placing the blame
on Shriner. “The decision that officer made that evening really jeopardized
the safety of the whole facility and it could have been a lot worse.”
Aug
1, 2018 krqe.com
Violent prison riot kept secret: shocking surveillance video
CLAYTON, NM (KRQE) - It's September 23, 2017, a quiet, uneventful evening
on Cellblock 3 at the Northeast New Mexico Correctional Facility outside
Clayton. But hang on. All hell is about to break loose. Prison video
surveillance cameras capture the entire incident beginning 9:05 p.m. when
Correctional Officer Matt Shriner is seen patrolling along the Cellblock 3
catwalk. Shriner pauses at a locked cell, reaches in the door slot and is
handed a folded note which he then surreptitiously passes to an inmate next
door. Moments later the young security guard stops at cell #203 to chat with
one of the most dangerous inmates in the entire prison system. You probably
know his name. Clifton Bloomfield, a notorious serial killer who was
sentenced to 195 years after he murdered five people in Albuquerque ten years
ago. Correctional Officer Shriner exchanges a few words with Bloomfield
through a slot in the locked cell door. Then, inexplicably, Shriner is seen
on surveillance cameras unlocking Bloomfield's cell door. Why? Shriner later
told investigators he didn't remember allowing the convicted killer out of
his cell. With his cell door now opened, Bloomfield rushes the unarmed guard
and overpowers him. Bloomfield uses a sharpened toothbrush as a shank to take
the prison guard hostage. Bloomfield grabs Shriner's keys and proceeds to
unlock random cell doors. Shriner is able to break away from Bloomfield's
hold and dashes down the catwalk steps to the cellblock's ground level. He
grabs his walkie-talkie and runs for help. With keys to the entire 40 man
cellblock and no security guards, the inmates take control. Cells doors are
unlocked and some of the most dangerous prisoners in the state go on a
rampage. The main entry door to the unit is barricaded. Some prisoners use
their new found freedom to settle scores. One inmate, a suspected informant,
is assaulted in his cell, his throat slashed. Other inmates disable the
cellblock's surveillance cameras. They start a fire, set off the sprinkler
system and trash the cellblock. The prison's Riot Response Team assembles
outside. Tear gas grenades are deployed through ports in the roof in an
effort to regain control of the cellblock. However, the inmates place trash
cans filled with water under the ports. The tear gas canisters fall
harmlessly into the water. Only after the security force is able to knock over
the barrels of water using explosive grenades are they able to effectively
flood the cell block with tear gas. About an hour after the uprising began
the prison's security force, dressed in riot gear, is able
to regain control. The entire cell block is declared a crime scene.
Inmates are rounded up, handcuffed and escorted one by one to the prison's
day room. The inmate who was attacked is found in cell #109 unconscious in a
pool of blood. The injured inmate is loaded in an ambulance and transported
to the Union County General Hospital. Ringleader Clifton Bloomfield is found
hiding out in a cell on the Restrictive Housing Unit's upper level. He is
handcuffed and escorted out of the trashed cellblock to the medical unit. The
prison complex is placed on lockdown and a Department of Corrections
investigation is launched. So, what went wrong that night? The Northeast New
Mexico Prison complex, which houses 625 medium-security state inmates, is
operated for the state by a Florida based private company, The GEO Group. The
September 23rd incident occurred in the Restrictive Housing Unit (Cellblock
3) which is reserved for violent or disruptive inmates who pose security
threats. What occurred that night was explosive and it’s been kept under
wraps for 10 months. A KRQE News 13 investigation finds a host of sloppy,
reckless security blunders at the private prison in Clayton led to the most
dangerous New Mexico inmate uprising in the last 20 years. "What
happened that evening was unacceptable," says New Mexico's Secretary of
Corrections David Jablonski, "There were major security breaches. It
wasn't safe," Secretary Jablonski says. At the top of the list: Prison
understaffing. According to state investigators, Correctional Officer
vacancies at The GEO Group's Clayton facility are "dangerously
inadequate." On September 23rd, 20 Correctional Officers were required
to fully secure the prison. Twelve of those positions were mandatory posts.
That night, however, only nine guards were present. Secretary of Corrections
Jablonski confirms The GEO Group had less than half of the required staffing
at its Clayton Prison on the evening of September 23. "From my tenure as
Secretary I've never seen them fully staff that facility," Jablonski
says. "It's not acceptable. It's a dangerous practice." It’s not
only dangerous, it's expensive. In fact, private prisons in New Mexico are
assessed substantial penalties for failure to maintain minimum staffing. Over
the last year, The GEO Group has paid New Mexico's Corrections Department
more than $1,300,000 in penalties for failing to provide enough security to
keep the Clayton Prison facility safe. On the evening of September 23rd, the
only Correctional Officer on duty in the Restricted Housing Unit was the inexperienced Matt
Shriner. When he unlocked Clifton Bloomfield's cell door Shriner not only
failed to restrain the violent inmate but he also had no backup, no
walkie-talkie, and he carried the keys to every cell in the cellblock.
"How do you allow an untrained, inexperienced rookie officer to go into
the most dangerous portion of your prison without adequate backup, without a
radio, with all the keys to the unit? I don't understand that," says
Santa Fe attorney Mark Donatelli who led the Public
Defender’s Riot Defense Team following the 1980 Santa Fe prison uprising.
"When you're dealing with violent inmates you always have a two-man
escort," says Secretary Jablonski. "This is just proof, based on
this incident, why you want a backup or two-man escort when you're dealing
with these inmates so you don't get overpowered," Jablonski says.
"The decision that officer made that evening really jeopardized the
security of that whole facility and it could have been a lot worse,"
Secretary Jablonski tells News 13. And what was a violent inmate like Clifton
Bloomfield doing in a medium security prison?
"I'm not sure how the Corrections Department decided that a
prisoner with five murder convictions could be housed safely at this
facility. Someone blew it when they decided that someone that dangerous could
be housed at that facility,” attorney Donatelli
says. The day after the uprising, Clifton Bloomfield was transferred to the
State Pen's Maximum Security in Santa Fe. Matt Shriner resigned his job at
the Northeast New Mexico Prison two and a half weeks after the uprising. The
former prison guard has since moved to Texas. Shriner did not respond to a
News 13 request for an interview. The inmate that was brutally attacked in
his cell has now recovered from his injuries and is incarcerated elsewhere.
Northeast Prison Warden Mark Bowen refused to discuss the incident and
referred questions to The GEO Group Corporate Office in Boca Raton, Florida.
A spokeswoman for The Geo Group said she would respond to News 13's
questions. She didn't. The Clayton Police Department conducted a criminal
investigation of the September 2017 incident and turned findings over to the
Union County District Attorney. The case is under review and charges are
expected within the next two months. "It’s totally unacceptable,"
says State Senator Cisco McSorley who serves on the New Mexico Legislature’s
Courts, Corrections and Justice Committee. "I want (The GEO Group) to
fulfill the terms of the contract (with the state). They say that they're in
the business of keeping our prisons safe and secure and they're not doing
it," Senator McSorley says. "It's no way to run a prison if you're
serious about protecting staff, prisoners and the public," Mark Donatelli says.
Jan 20, 2017 santafenewmexican.com
Lawsuit: Inmate’s pleas for medical attention ignored
The father of a man who died in a New Mexico prison in 2015 is suing the
state Corrections Department and others, claiming his son was paralyzed from
the waist down and ultimately died because prison officials ignored his pleas
for medical care while at the same time allowing him to be sexually assaulted
by a prison doctor. Charles Bryant claims in the complaint that his son,
Robert Bryant, filed multiple grievances starting in 2011 after complaining
of being sexually abused by the doctor and later seeking medical attention
for worsening back pain, but his son’s pleas fell on deaf ears. Robert
Bryant, a Tesuque man, was sentenced to life in prison after being convicted
in 1999 of raping and murdering an Albuquerque woman, Reymunda
Baca, who was the mother of a young child. He also was suspected in the
disappearances of at least two other women, though he was never charged in
those cases. He was being held in the Northeastern New Mexico Detention
Facility near Clayton. According to the complaint filed earlier this month in
state District Court in Santa Fe, Bryant had ongoing spinal problems, but in
June 2014, he complained of new and worsening pain that made it difficult for
him to walk, stand or sit. The senior Bryant’s lawsuit said his son’s
condition was not properly diagnosed or treated, and by November 2014, he had
become paralyzed from the waist down. That December, he was finally taken to
the emergency room at the University of New Mexico Hospital, according to the
complaint. Doctors discovered lesions on his spine and kidney, a possible old
neck fracture and renal cell cancer that had spread to other parts of his
body. Bryant, 48, died a month later. His father claims in the lawsuit that
both GEO Group Inc., a private firm that operates the prison where Bryant
allegedly was abused by Dr. Mark Walden, and Corizon
Health, which previously contracted with the state to provide medical care to
inmates, also were negligent. Bryant’s lawsuit claims the companies “had a
policy of intentionally ignoring inmates’ medical complaints and routinely
dismissed serious medical needs of inmates without testing or examination,
causing serious injuries and death.” Had timely and proper tests been
conducted by the defendants, the suit says, Robert Bryant “would not have
suffered such debilitating pain and death.” The wrongful death lawsuit names
the state Corrections Department, The GEO Group Inc., Corizon,
Walden and several individual employees of those entities as defendants. The
senior Bryant is asking for an unspecified amount of money in compensatory
damages and legal costs. The lawsuit is one of dozens filed against the state
alleging inadequate care and sexual misconduct by Walden, who later became
the subject of a federal investigation. Corizon has
settled numerous lawsuits by other inmates alleging abuse by Walden. A
six-month investigation by The New Mexican early last year found the number
of lawsuits filed against the state’s then-medical provider had risen sharply
over the past several years while Corrections Department officials and state
lawmakers had allowed to company to operate largely unregulated. Corizon since has been replaced by another vendor, but
inmates who say they suffered under the company’s care continue to file
complaints in state District Court. Charles Bryant did not respond to a
message seeking comment for this story. Nicole Charlebois, the attorney
defending Corizon and Walden against the numerous
suits, also did not return a message seeking comment.
Feb 18, 2015 courthousenews.com
SANTA FE, N.M. (CN) - A prison doctor in New Mexico sexually assaults inmates
with rectal exams for everything from tooth pain to toenail fungus, seven
inmates claim in lawsuits. The prisoners - four in one case and three in the
other - claim that Dr. Mark Walden regularly performed "digital rectal
exams" for no legitimate medical reason, sometimes without wearing
gloves, and fondled them inappropriately. One claims he was given a digital
"prostate exam" after reporting an infection in his ankle. Another
one claims Walden digitally penetrated him on three occasions. When he asked
the doctor what he was doing, "Dr. Walden claimed he was milking the
plaintiff's prostate and other medically nonsensical responses,"
according to the complaint. Lead plaintiff D.S. sued The Geo Group, Corizon, Dr. Walden, the warden of the Northeast New
Mexico Detention Facility in Clayton, Timothy B. Hatch, and the prison's
health services administrator Sherry Phillips, on Feb. 13 in Santa Fe County
Court. The Geo Group is one of the nation's largest for-profit private prison
operators. Corizon is a major provider of medical
services to prisons. In the second lawsuit, filed Feb. 16 in the same court,
lead plaintiff C.G. sued Walden, The Geo Group, Corizon,
Correctional Medical Services, Warden Hatch, and Erasmo Bravo, warden of the
Guadalupe County Correction Facility, in Santa Rosa. The inmates claim the
wardens and prison staff knew about the sexual assaults but did nothing to
stop them. In both cases, the inmates claim they repeatedly filed complaints
and reports of the sexually inappropriate medical procedures, but that their
grievances were either ignored, "lost," or met with retaliation,
such as administrative segregation. The Feb. 13 lawsuit claims that prison
staff became suspicious shortly after Walden was hired, and that the
suspicions were based on "a sudden notable increase in volume of digital
rectal exams being performed, un-indicated digital rectal exams on young
inmates, refusal by defendant Walden to have a third party present during
exams, and lack of semen samples being sent to the lab for analysis."
The inmates claim that the private medical companies discouraged staff from
reporting their concerns, for fear of being sued. Plaintiffs in the Feb. 13
lawsuit seek punitive damages of medical malpractice, negligence, gross
negligence, assault and battery and civil rights violations. They are
represented by Stephen Lawless, of Albuquerque. Plaintiffs in the Feb. 16
lawsuit seek damages for medical malpractice, negligence, gross negligence
and civil rights violations. They are represented by Derek Garcia, of
Albuquerque.
Nov
2, 2013 abqjournal.com
A former prison
physician accused of fondling multiple inmates during medical exams at two
contract men’s prisons in New Mexico is under criminal investigation by the
U.S. Department of Justice. Dr. Mark Walden has also been suspended from the
practice of medicine and has filed a notice of bankruptcy. The Justice
Department’s notification to Walden that he is the target of an inquiry into
the alleged violation of inmates’ civil rights is revealed in documents filed
in three civil lawsuits now consolidated in U.S. District Court. Documents
say Walden was notified in writing that “he is the target of a criminal
investigation regarding alleged sexual abuse of male inmates at the
Northeastern New Mexico Correctional Facility in Clayton and at the Guadalupe
County Correctional Facility in Santa Rosa.” The prisons are privately
operated by Corizon Inc. The civil lawsuits against
Walden, Corizon and others were filed on behalf of
about three dozen current or former inmates at the two prisons by attorneys
Katie Curry, Brad Hall and Frances Crockett Carpenter. Defendants moved the
case to federal court. Walden’s attorney in the civil lawsuit said she does
not comment on pending litigation. But in an answer she filed on behalf of
Walden in one of the civil lawsuits, he denied performing any digital rectal
exams that were not medically necessary or that were inappropriate in length
or methodology. He denies sexually abusing inmates at anytime
or that any conduct on his part was unreasonable, cruel or harmful. Walden
also contends that the claims are barred by the statute of limitations and
the Prison Litigation Reform Act and the New Mexico Tort Claims Act. The
inmates have made claims in U.S. Bankruptcy Court to protect any recovery
they may receive in the civil litigation. U.S. Magistrate Judge Alan
Torgerson stayed the civil cases in August until the bankruptcy is resolved.
Walden was entitled to an automatic stay by virtue of his bankruptcy filing.
Torgerson extended the stay to other defendants, including Walden’s former
employer The Geo Group Inc., now called Corizon,
wardens Erasmo Bravo and Timothy Hatch, and the health services
administrator. There are no details on the Justice investigation, which has
apparently been underway since before the civil litigation began in March.
According to a statement from Corizon, the company
“is unaware of any criminal proceedings being filed at this time. We will
cooperate fully with any investigations related to this matter.” The wardens,
Geo and Corizon filed answers in the civil cases in
which they have denied allegations of negligent hiring and supervisions,
medical malpractice and civil rights violations. The inmates have asked the
court to permit the litigation to go forward without revealing the names of
the plaintiffs because of the potential of greater harm and victimization.
But one of Walden’s attorneys in the civil suits has denied sexual abuse
allegations contained in the request and opposed the request for anonymity,
saying inmate lawyers are engaged in a media campaign to “impact the pending
litigation.” Walden’s attorney Nicole Charlebois said in a written filing
that the unnamed plaintiffs attacked Walden in the media before even serving
him with the complaint. Plaintiffs’ lawyers, she said in the filing, are
“manipulating the underlying litigation, tainting the public perception and
tainting the potential jury pool,” and that Walden has a right to know his
accusers, “especially in light of their aggressive media tactics.”
Suspension: The New Mexico Medical Board suspended Walden from practice in
July, after sending him notice of contemplated action and getting input from
two physicians hired as experts who reviewed available records. The board
ordered Walden to undergo a thorough psychological evaluation arranged by the
New Mexico Monitored Treatment Program, which was to send its findings and
recommendations to the board for review. The recommendations “must
demonstrate to the board’s satisfaction that (Walden) is fit to safely
practice medicine.” The board will then determine his further licensure
status. The board hired as experts a urologist with 33 years
experience, including 5˝ years participating in a prison clinic, and
an emergency medicine physician described as having expertise in correctional
medicine. The urologist said his review of the evidence indicated “sexual
contact with a patient” by Walden on many occasions that were not legitimate
medical procedures and constituted sexual abuse. The second physician found
that Walden had not breached the standard of care and that his treatment of
inmates was appropriate for the patient complaints documented in medical
records. That doctor questioned the credibility of the inmates’ statements
“because several of them indicated (Walden) had examined them without gloves,
which (he) found very unlikely to have actually occurred.” Walden invoked his
Fifth Amendment right and refused to testify at the medical board hearing.
Among over 40 pages
of proposed factual findings:
•Walden regularly
performed digital rectal examinations of inmate patients in their 20s and
30s. The Clayton prison offered exams routinely for men over age 50 and for
men under 50 if they had specific complaints warranting such an exam.
•He did twice as many
rectal exams each month as any other doctor at the Clayton facility,
according to a prison nurse.
•A 40-year-old
patient at the prison in Clayton asked a corrections officer as the inmate
left the medical unit in July 2012 “if (Walden) was gay, and expressed
discomfort with the examination he had received.” The officer prepared a
statement based on the inmate’s statements that the doctor had turned him
over and stroked his genitals. That was the only comment about any presumed
sexual orientation of the doctor.
•Another patient
reported on Aug. 5, 2012, that Walden had “played with” his testicles without
gloves.
•A 28-year-old inmate
reported that Walden called him for medical exams for three weeks straight on
a Friday or Saturday, gave him a rectal exam and studied his penis.
•Another inmate filed
a grievance about an Aug. 20, 2012, incident in which he said Walden asked
him to drop his pants, rubbed his genitals and asked if it felt good.
•In patient
statements provided by the facilities in response to a subpoena by the board,
Walden diagnosed a prostate condition not confirmed by an independent
analysis.
•Inmate patients are generally
not referred out because of time, expense and safety issues in transporting
prisoners off site.
•Only one patient at
Santa Rosa filed a grievance with a nurse.
The hearing officer
noted inmates “may be manipulative and will commonly do things for purposes
of secondary gain,” such as getting strong pain medicine, special shoes or
mattresses.
Mar
17, 2013 abqjournal.com
A New Mexico inmate
claims he got an overly long and intrusive rectal exam when he went to the
prison doctor for a torn meniscus in his knee. And his complaint isn’t the
only one. Eighteen inmates in two separate civil lawsuits claim they were
fondled or given intrusive exams – even when they weren’t needed – by Dr.
Mark E. Walden, the prison physician at the time. The claims that Walden used
his position to sexually abuse inmates are being made by men incarcerated at
prisons in Santa Rosa and Clayton. Both prisons are operated under contract
with the state by the Boca Raton, Fla.-based GEO group, a firm that operates
detention and re-entry facilities in Australia, Canada, South Africa and
Britain, as well as the U.S. Walden was an employee of Corizon,
a private contractor that provides healthcare services at over 349
correctional facilities across the country. The company, which is based in
Tennessee, has a four-year, $177.6 million contract to provide prison medical
services in New Mexico at both public and privately run prisons. Katie Curry
of the McGinn Law Firm in Albuquerque, attorney for one group of prisoners
suing Walden, GEO Group Inc., Corizon, prison
wardens Erasmo Bravo and Timothy Hatch, and health administrator Sherry
Phillips, said another attorney represents another 10 or so clients with
similar complaints. “That’s who has come forward, but these guys move around
a lot (to other prisons),” Curry said. “I can imagine there are others who
are reluctant to come forward.” The lawsuit filed by Curry alleges at least
25 known victims. The New Mexico Medical Board is investigating Walden and,
on Feb. 18, issued a notice of contemplated action. No hearing has been
scheduled, but it is likely to take place in April or May, a board
spokeswoman said. “As a matter of standing company policy, Corizon does not comment on any litigation. However, Corizon can confirm that Dr. Walden is no longer on
staff,” said Courtney Eller of DVL Public Relations & Advertising in
Nashville, which handles media inquiries for Corizon.
GEO Group spokesman Pablo Paez said in an email
that the company, as a matter of policy, “cannot comment on litigation related
matters, but we can confirm that Mr. Bravo and Mr. Hatch are employed by GEO
and Dr. Walden is not employed by GEO.” Walden, who is now working in a
medical practice in Raton, did not return a call for comment. He also
allegedly failed to use proper hygiene and disease prevention techniques by
not using gloves when he examined inmates. Prison administrators and Corizon didn’t ensure that a third person was present to
protect the integrity of the exams, according to at least one of the suits.
The potential for sexual abuse and sexual misconduct toward inmates by prison
employees is well-known institutional problem, the lawsuits say, and
administrators have a duty to protect the inmates. Inmates often view
reporting abuse as futile because of the humiliation and retaliation they
risk and the prospect of losing access to medical services, the complaints
say. Doctors have far greater social status than inmates, further
exacerbating the imbalance, they say. GEO and Corizon
should have known about the abuse through inmate reports and the perceptions
of staffers such as nurses, “or kept themselves willfully blind” to it,
according to Curry’s lawsuit. “Corizon and GEO did
not encourage reporting or documentation of these incidents, and enacted no
discipline or retraining of … Walden,” the lawsuit says. Curry said there was
a written complaint about Walden by an inmate in September 2011, “and
apparently nothing happens, so it’s literally like the Catholic church where
they know something and transfer him someplace else.” She said lawyers know a
copy of the complaint went to State Police and that GEO was made aware of it.
Walden initially worked at the Guadalupe County Correctional Facility in
Santa Rosa and was later transferred to the Northeastern New Mexico Detention
Facility in Clayton. One of the consequences of the alleged abuse, Curry
said, was that some inmates stopped going to see Walden, even though they
needed medical treatment. The lawsuit says staff became suspicious after
Walden was hired “based on observations including a sudden notable increase
in volume of digital rectal exams being performed, unindicated digital rectal
exams on young inmates (and) refusal by defendant Walden to have a third
party present.” An inmate who went to Walden for urinary tract issues and had
an examination that was “excessive and inappropriate” and conducted without
gloves reported the incident and had a sexual assault exam performed in Santa
Fe, which revealed two anal tears, according to the lawsuit. “Corizon and GEO did not encourage reporting or
documentation of these incidents, and enacted no discipline or retraining of
… Walden.” - McGINN LAW FIRM: A separate lawsuit
filed by Frances Carpenter of Albuquerque on behalf of nine more inmates says
the abuses began in 2010 and continued through July 2012 during both routine
and “symptom specific” examinations. They included digital anal penetration
and probing and stimulation of the genitals. One inmate who saw Walden with a
request for hemorrhoid cream was told he need to be examined first, the
lawsuit says, and during the exam was penetrated by the doctor’s “entire
ungloved fist.” The inmate, who reported the incidents to prison officials,
continues to have nightmares and anxiety related to the alleged assault. Both
lawsuits, filed in 1st Judicial District Court in Santa Fe, allege negligent
hiring and retention, civil rights violations, negligence and breach of
contract. They seek unspecified compensatory and punitive damages. Meanwhile,
the medical board is expected to set a hearing this spring based on
allegations that Walden, during prostate exams on some 17 inmates, “touched
or attempted to touch these inmates in an inappropriate, sexual manner.” The
board notice says Walden was subject to a “corrective action” for incomplete
medical records that led the Union County General Hospital to terminate his
privileges, and he did not report it to the board. The notice also says
Walden’s professional medical liability insurance was canceled and that he
gave incorrect information about it on his license renewal in 2011. Inmates
say routine exams turned into horrific assaultsSee
PRISON on PAGE A9from PAGE A1Prison doctor accused of sex abuse; inmates
claim assaults”Corizon and GEO did not encourage
reporting or documentation of these incidents, and enacted no discipline or
retraining of … Walden.”<quote_attribution>McGINN LAW FIRM
March
17, 2012 Albuquerque Journal
The companies that operate private prisons where New Mexico state inmates
serve their time have racked up nearly $1.6 million in penalties for
understaffing and other contract violations since the Martinez administration
started cracking down last year. Nearly all of that was attributable to
problems at The GEO Group Inc.’s prison in Hobbs, although the company’s
Clayton prison was recently added to the penalty list. The Corrections
Corporation of America, which operates the women’s prison in Grants, also has
been fined during the past couple of months, mostly for having inmates in the
prison after their release dates. Reversing the practice of the previous
administration, Republican Gov. Susana Martinez decided to pursue the
penalties the state is entitled to impose for contract violations. “In
today’s struggling economy, the people of New Mexico deserve to know the
Corrections Department is running in a fiscally responsible manner,”
Corrections Secretary Gregg Marcantel said this
week in a statement. The department recently revived its Office of Inspector
General to keep tabs on contract compliance. Such fines are discretionary,
and former Democratic Gov. Bill Richardson’s administration gave private
prisons a pass, irking lawmakers who estimated that upwards of $18 million
could have been collected. Richardson’s corrections chief, Joe Williams – who
claimed that estimate was inflated – said that prisons already were paying
substantial overtime costs, that understaffing was largely due to factors
beyond their control, and that the facilities were safe and secure. Williams
worked at Hobbs for GEO’s predecessor company before Richardson hired him,
and he returned to GEO’s corporate offices in Boca Raton, Fla., at the end of
Richardson’s tenure. After negotiations with the Martinez administration, GEO
in January paid a $1.1 million fine for violations at the Lea County
Correctional Facility in Hobbs for the period from January through October of
2011. GEO also agreed to put another $200,000 into recruitment over the
subsequent year. GEO continued to be penalized: $158,529 for November,
$139,621 for December, $78,710 for January and $84,753 for February,
according to documents provided by the department. The February assessment
isn’t final yet, because the company has until late this month to respond to
it. The fines largely were due to vacancies in the ranks of correctional
officers and in noncustodial positions such as teachers, counselors and
treatment providers. Corrections officials have said it’s difficult for the
men’s medium security lockup at Hobbs to recruit and keep corrections
officers because it’s competing with the oil industry. An assessment of
$2,570 for understaffing in January was proposed for GEO’s Northeastern New
Mexico Detention Facility in Clayton, but the problem had been corrected by
the time the department sent a letter to the prison on Feb. 10, and no
penalty was assessed. In early March, however, the department notified the
Clayton prison that it would be fined $5,373 for February, for vacancies in
mandatory posts and for two inmates imprisoned beyond their release date.
That penalty is pending. GEO did not respond to requests from the Journal for
comment. The Corrections Corporation of America, which operates the New
Mexico Women’s Correctional Facility in Grants, was fined $11,779 for
January, and $9,974 for February – still pending – for an academic instructor
vacancy and for inmates held beyond their release dates. Inspector General
Shannon McReynolds said that occurs when the required parole plans aren’t
developed in a timely way.
November
16, 2011 KOB
A man convicted of raping and murdering one UNM student and raping another
back in the early 1980's is at UNM Hospital on life support after being
attacked by fellow inmates in prison. The Corrections Department said Michael
Guzman was attacked by more than a dozen inmates just two days after he was
moved to a private prison in Clayton. His family wants answers about the
attack. Guzman's sister said she is not being allowed to visit him at the
hospital because he is an inmate. She has problems with that and wants to
know more about the prison attack. "I do have a lot of serious questions
about the investigation because if my brother was indeed jumped by 15
inmates, he should have some facial damage," she said. Officials said
Guzman was not stabbed, but they cannot say if any other weapons were used.
He is in intensive care with other patients, along with special security,
which is why family is not allowed in to see him. Corrections said Guzman was
moved to Clayton because he had problems with other inmates at the prison in
Santa Rosa.
April
25, 2011 The New Mexican
The two for-profit firms that run four of New Mexico's 10 prisons often
struggle to keep correctional officer jobs filled, state records show. One in
five such jobs at a Hobbs facility was vacant for much of the past 15 months,
while the prison in Santa Rosa reported a vacancy rate of around 12.5 percent
over the same period, according to the records. By contract, New Mexico can
penalize The GEO Group and Corrections Corporation of America, the two firms
that operate the facilities, when staffing vacancies are at 10 percent or
more for 30 consecutive days. It's a threshold that appears to have been
crossed multiple times at all four prisons since January 2010. The vacancy
rate at Hobbs topped the 10-percent threshold in each of the 14 months for
which data was available between January 2010 and March of this year.
Meanwhile, the 10-percent threshold was topped nine times over that period at
Santa Rosa and six times at a Clayton facility. Like the Hobbs facility, both
are run by GEO. A CCA-operated prison in Grants topped the 10 percent rate
four times over the same period. Whether to penalize the out-of-state,
for-profit firms is an issue that has come up before. The question surfaced
last year when state lawmakers were struggling to find ways to close a yawning
state budget gap. At the time, the Legislature's budget arm, the Legislative
Finance Committee, estimated Gov. Bill Richardson's administration had
skipped $18 million in penalties against the two firms. One powerful lawmaker
said Monday the issue is still important and the Legislature shouldn't lose
sight of it. "We'd like to follow up and perhaps do a performance group
review on the private prison operators to see whether they are making
excessive profits," Rep. Luciano "Lucky" Varela, D-Santa Fe, said
of the Legislative Finance Committee. Varela, the committee chairman, said he
can accept a reasonable return for the prison operators, but high vacancy
rates at prisons operated by the firms raise questions about how state
dollars are being spent to operate the facilities. Determining whether the
companies should be penalized for high vacancy rates is an involved process,
a Corrections Department spokesman said. GEO and CCA might have asked
corrections officers already on the job to work overtime to address the
staffing situation. If they did, the department "cannot in good faith
consider that position to be vacant," spokesman Shannon McReynolds wrote
in an email. But the state doesn't know whether that happened. That would
require going through shift rosters at each privately operated facility,
McReynolds said in a follow-up phone interview. "That will take a
decision from the administration," McReynolds said, referring to new
Corrections Secretary Lupe Martinez. "We do not have specifics on
overtime. Every once in awhile we'll hear a
particular facility has spent a lot on overtime." Because of sporadic
record-keeping at the facilities GEO and CCA operate, the state corrections
agency couldn't verify last year how often the two firms violated the
vacancy-rate provision in their contracts, if at all. As a result, the agency
couldn't corroborate or refute the Legislative Finance Committee's estimate
of uncollected penalties. Joe Williams, then-corrections secretary, decided
not to pursue penalizing the two companies, saying GEO and CCA were making a
good-faith effort to keep the facilities staffed. The contracts give the
corrections secretary discretion to waive the penalties. If Lupe Martinez,
the new corrections secretary, decides to collect penalties, it would be only
for January 2011 and onward, McReynolds said. Gov. Susana Martinez took power
in January and soon afterward appointed Lupe Martinez, no relation, as her
corrections secretary. According to state records, of the four privately
operated prisons, Lea County Correctional Facility in Hobbs has struggled the
most to keep correctional officers on the job. The facility's vacancy rate
hovered above 20 percent for 12 of the 14 months for which there was data
between January 2010 and March of this year. That includes seven consecutive
months — September 2010 through March — when the vacancy rate was 25.24
percent, records show. GEO-run Guadalupe County Correctional Facility in
Santa Rosa reported a 16.93 percent vacancy rate last July, a high point. The
vacancy rate has hovered below 10 percent in five of the last seven months.
Another GEO-run facility, the Northeast New Mexico Correctional Facility in
Clayton, showed a similar trend, reporting vacancy rates higher than 10
percent for six of the seven months for which data was available between
January and August 2010. Data for July 2010 was missing. As in Santa Rosa,
the Clayton facility's vacancy rate has dropped in recent months. The state's
fourth privately operated prison, CCA-run New Mexico Women's Correctional
Facility in Grants, reported a vacancy rate above 10 percent four times from
January 2010 to July 2010, with a 16.47 percent vacancy rate reported in
July. The state corrections agency did not have data for August 2010 to March
2011.
September
10, 2010 New Mexico Independent
The state appears to have been within its rights last year to repeatedly
penalize two private prison operators for letting their vacancy rates hover
above a 10 percent trigger in their contracts, state records show. By contract
New Mexico can levy penalties against the two firms – GEO Group and
Corrections Corp. of America (CCA) — when staffing vacancies at the
facilities they manage in Hobbs, Grants, Clayton and Santa Rosa stay at 10
percent or more for 30-consecutive days. Staffing levels at three of the four
privately operated facilities hovered above 10 percent for much of last year,
state records show. As for the fourth facility, the vacancy rate was above
the 10 percent trigger in six of the 13 months the state records covered.
Corrections Secretary Joe Williams, who worked for GEO before Gov. Bill
Richardson tapped him as corrections secretary, told The Independent last
week the state had never penalized GEO or CCA despite vacancy rates
repeatedly topping the 10 percent trigger. He had the discretion to decide
whether to penalize the firms or not, and he had decided against it, Williams
said. The firms were doing a good job of managing the prisons, he added. Some
state lawmakers are wondering why Williams never assessed the penalties. Some
believe the never-assessed penalties could amount to millions of dollars.
State records show that vacancies at GEO-operated Guadalupe County
Correctional Facility in Santa Rosa were above the 10 percent threshold in 11
of the13 months between July 2009 to July 2010; 10 of the 13 months at the
GEO-run Lea County Correctional Facility in Hobbs; and nine of the 13 months
at the CCA-operated New Mexico Women’s Correctional Facility in Grants. The
vacancy rate at the GEO-run Northeast New Mexico Correctional Facility
eclipsed the 10 percent rate in six of the 13 months covered by the time
period shown in the records, state records show. The agency on Friday
reiterated Williams’ discretion in deciding whether to penalize the companies
or not. “The contract clauses that deal with vacancy rates gives sole
discretion to NMCD so that they may penalize the private prisons,” read an
e-mail to The Independent after we had sent questions related to the vacancy
rates from July 2009 to July 2010. “The penalties are not mandatory and are
decided by the department,” the e-mail continued. “Secretary Williams will be
presenting the reasons to why he has not penalized the vendors to the
Legislative Finance Committee in an upcoming hearing. The department welcomes
you to attend the committee hearing.”
June
17, 2009 New Mexico Independent
The American Civil Liberties Union of New Mexico is suing a privately-run
prison in Clayton for imposing cruel and unusual punishment, charging that in
December, 2008, prison guards kept seven nude or semi-nude prisoners locked
in a cold shower room for hours after a prison lockdown ended. The suit,
filed today in federal court, claims that prison guards at the Northeast New
Mexico Detention Facility teased and taunted the prisoners and a female guard
videotaped the naked men. After the two-hour lockdown ended, employees told
the inmates that they couldn’t find the key to the shower room door, so the
inmates were given the option of crawling through a filthy cinderblock hole
in the shower room wall or waiting for guards to find the key. Several
prisoners developed skin conditions after the incident and were denied
treatment, the lawsuit charges. The director of corporate relations for the
GEO Group, which manages the prison, declined to comment on the lawsuit,
writing in an e-mail: ”As a matter of policy, our
company does not comment on litigation related matters.” “New Mexico has one
of the largest percentage of inmates housed in privately-run prison
facilities in the country,” Bryan J. Davis, a cooperating attorney for the
ACLU of New Mexico, said in a press release. “These prisons go up, the
employees don’t receive adequate training, and the inmates suffer the
consequences. It’s irresponsible on the part of the private prison companies
and the state that contracts with them.” The lawsuit seeks compensatory and
punitive damages against the GEO Group and several employees.
July
12, 2008 Santa Fe New Mexican
When the doors swing open on the Northeast New Mexico Correctional Facility
next month, inmates will file in, new employees will start collecting
paychecks and a tiny corner of the state will become its own small economic
engine. The opening marks another milestone as well. Once Clayton is online,
the number of inmates living in the state's privately run prisons will almost
match the number living in state-run slammers. To be exact: 46.5 percent of
male inmates will be in prisons run by private companies. The other 53.5
percent will be in state-run prisons. One hundred percent of female inmates
will be in private facilities. If the number of criminals behind private bars
seems big, it is: New Mexico has the highest rate of private prison use in
the nation, according to the U.S. Department of Justice. Indeed, the prison
near the Rabbit Ear Mountains in Clayton, just shy of the border with
Oklahoma and Texas in northeastern New Mexico, caps a major shift in state
policy over the past three decades of housing an increasing number of
criminals in privately run prisons. Since 1980, the year a deadly prison riot
made awful headlines for the state, the number of inmates has increased 440
percent. Including Clayton, the number of prisons has gone from one to 11, a
figure that doesn't include Camino Nuevo, a privately operated prison that
has opened and closed since then. And questions about whether privatizing was
the best choice have mounted. As the state's inmate population grew, so did
lawmakers' interest in private prisons, seen by proponents as a way to save
money and outsource some of the state's toughest jobs. Ten years ago, the
state had only two privately run prisons — the New Mexico Women's
Correctional Facility in Grants, open since 1989, and the Hobbs prison, which
opened in 1998. Now, when Clayton opens, it will have five, spread out around
the state. The change in inmate-management policy didn't happen overnight,
and hasn't happened without controversy. It also couldn't have happened
without two New Mexico governors, most notably former Gov. Gary Johnson, who
kicked off the privatization push, and Gov. Bill Richardson, who has kept the
trend alive. It was under Johnson's watch that the 1,200-bed lockup in Hobbs
opened in 1998. A year later came the 600-bed Santa Rosa prison. Both are run
by The GEO Group, formerly Wackenhut. Those weren't good times; both
facilities suffered deadly confrontations. Three inmates were killed in Hobbs
and a prison guard was murdered in a riot in Santa Rosa in less than a year.
Before that, an inmate in Santa Rosa died after he was beaten with a laundry
bag full of rocks. New Mexico hadn't seen so much prison violence since the
1980 riot at the state penitentiary, where 33 people died. No new state
prisons? When Richardson ran for office in 2002, he pledged there would be no
new state prisons built on his watch. "The governor said he would not
build new state prisons, and he has not done so," spokesman Gilbert
Gallegos said in a statement to The New Mexican. "All of the capital
money that would have been used for new state prisons has instead been
invested in new schools, modernizing highways and updating infrastructure in
communities across the state." Still, since he's been governor, 240 beds
have been added to the Guadalupe County Correctional Facility near Santa
Rosa, run by The GEO Group. The Camino Nuevo Correctional Center in
Albuquerque, operated by the Corrections Corporation of America, opened in
2006. In 2007 came the 234-bed, minimum-security Springer Correctional
Center, which is run by the state. And then came Clayton. The town of Clayton
is paying to build the facility, which will house 625 inmates, nearly all of
them state prisoners. The town is using $63 million in revenue bonds to
finance the project. Clayton officials have welcomed the prison — and its
jobs — as a major source of economic activity in the outpost of about 2,500.
Critics, however, say the lockup is essentially a state prison. "I guess
it's a debate in semantics, but it's holding state prisoners," said Sen.
John Arthur Smith, a Deming Democrat and chairman of the Senate Finance Committee.
"I guess the governor gets a certain amount of satisfaction in saying
the state didn't build it, but from a functional point of view, the state
might as well have built it," he said. Gallegos said that's not the
case. "Of course it's not a state prison. The town of Clayton and GEO
can house county or federal inmates," he said. "Beds were available
for medium-security inmates, and the Corrections Department chose to take
advantage of the new facility for some of its inmates." Of the 625 beds,
600 will be used for state prisoners. Others suggest Richardson chose to
support the Clayton project to curry favor in the heavily Republican Union
County. "We could have added a wing or pods to other facilities that
could have been expanded," said Senate Minority Whip Leonard Lee Rawson,
R-Las Cruces. Adding on to places such as Santa Rosa or Hobbs would have been
cheaper and quicker than building a new prison, he added. "But the
governor decided he wanted to build in Clayton for political purposes. We can
say it's good economic development, but I don't think it was the best choice
for the public," he said. The Governor's Office denied that, saying
Richardson "already had great relationships with Democrats and
Republicans in Clayton." And, Corrections Department Secretary Joe
Williams said, building the Clayton prison was "absolutely the right
decision." "When we signed those agreements, we were operating at
well over 100 percent capacity," he said. "We were busting at the
seams when we did that." In the past two years, however, the state's
prison population has dropped 6.6 percent, a recent report found. Williams
said even though population projections are now much lower than they were
when talk of Clayton first surfaced, the state still needs the facility, particularly
because it will provide beds for medium-custody, or level 3, inmates.
"That's where we need the bed space, and that's what Clayton will
provide us," he said. Inmates from a variety of facilities will be moved
to Clayton, which is expected to be full within 60 days of opening. Questions
about Clayton -- As it gets ready to open, there are other questions about
the cost of building the new prison. A review done for the Legislative
Finance Committee in 2007 found that the prison's actual cost will be much
higher than the construction costs, which at the time of the report were
estimated to be $61 million. Over twenty years, the state will pay $132
million in construction and finance charges, but will not own the building,
according to the report. As part of the $95.33 per diem the state will pay to
house inmates in the new prison, $27.81 will go to pay construction costs.
The high cost of building private prisons has left some lawmakers concerned
about whether the state can afford to keep so many inmates there. Williams
said a big part of the reason the building cost was so high was because
construction costs have gone way up. "You look at the cost of a gallon
of gas and then you look at the cost of a new prison bed, and everything is
going to have its increases and it is inflationary," he said. Williams
also pointed out that the cost of labor has gone up since prisons were built
10 years ago in Hobbs and Santa Rosa. Other lawmakers have a philosophical
opposition to the opening of the Clayton prison, and to private prisons in
general, saying it's the job of the government, not corporations, to house
prisoners. "I don't believe it's the right way, I don't think they
should be for profit," said Senate Majority Leader Michael Sanchez,
D-Belen. Sanchez said prisons are the state's responsibility. "Hopefully
Clayton will be the last one," he said. An inmate drought? It's unclear,
however, when the state will need another new prison. The state was expected
to run out of bed space in August of 2011 for males and in March of 2012 for
females, but that's no longer the case. The most recent projections show the
state is expected to run out of space in 2017 for men and in 2015 for women.
The department warns, however, that those projections are subject to change. "Our
projections totally changed from last year to this year where we were on a
spike up, and now we're growing but at a much smaller pace," Williams
said. While it has dropped off recently, the population is expected to grow
by about 1.4 percent in the coming years. "We're in a great state as far
as corrections go for the first time in many, many years, I think," he
said. "I think we're in a position a lot of states wish they were. We
have room and capacity to grow." So why is the prison population — long
on the increase — now decreasing? A recent report by the New Mexico
Sentencing Commission shows the state's prison population has dropped for
several reasons. The study, released last week, said one reason is a
Corrections Department policy that is increasingly imposing sanctions other
than prison for technical parole violations such as missing a counseling
session. The study also said a 2006 state law that allows the department to
let nonviolent inmates earn time off during the first 60 days of their stay
is leading to some inmates getting out of prison sooner. Previously, inmates
had to wait to start earning time. It also said felony drug courts were
playing a role. The state now has 31, and the report says that although the
courts are not a diversion option for prison, they may indirectly keep
offenders from being rearrested and going to prison. The courts provide
treatment, mandatory drug testing and judicial oversight, among other things.
But if the projections are now lower than they have been, that might be a
good thing for the Corrections Department. When it did its report, the LFC
found the department wasn't ready for projected growth. "The department
lacks active long-term planning to accommodate inmate growth, leading to a
disjointed approach to acquiring bed space that proves costly,"
according to the report. The committee asked the department to put together a
10-year plan, which it has. But, Williams said, the plan was outdated almost
as soon as it was written. "I didn't like 10-year plans because things
are ever-changing in the department, projections, forecasts," he said.
"It's hard enough to predict year to year or two years." Williams
also pointed out that there are advantages to having some space available in
the state's prisons. The state now has enough room — and the cash — to
refurbish some cells at the state penitentiary and Western New Mexico
Correctional Facility, work that has been a long time coming, he said. In
addition, Williams said the state is considering implementing recent
recommendations of a prison reform task force appointed by Richardson.
"The plan is hopefully this prison reform might change the way we do
business forever," he said. "If we are diverting people into drug
courts and mental health courts and our re-entry initiatives are successful,
it could be a while before we see a new prison."
September
26, 2006 Yahoo.com
The GEO Group, Inc. (NYSE: GEO - News; "GEO") announced today that
GEO, the New Mexico Corrections Department ("NMCD"), and the Town
of Clayton, New Mexico (the "Town") have signed agreements for the
construction and operation of the 625-bed Northeast New Mexico Detention
Facility (the "Facility") to be located in Clayton, New Mexico. The
Facility will house medium security offenders for the State of New Mexico under
an Intergovernmental Agreement signed by the Town and NMCD. GEO will design
and build the 625-bed Facility, which will be financed through the sale of
project revenue bonds sponsored by the Town and underwritten by Citigroup.
Upon its expected completion in the first quarter of 2008, GEO will assume
management of the Facility under its contract with the Town for an initial
term of five years with five one-year renewal option periods. Once the
Facility is completed, GEO's operating contract is expected to generate
approximately $11.0 million in annual operating revenues.
July
9, 2005 Albuquerque Journal
SANTA FE— The city of Clayton's proposal to build a privately run prison with
room for 600 medium-security inmates is running into legal questions from state
lawmakers. Legislators want to know whether the city's plan requires
the Legislature's approval and whether it should be subjected to terms of the
state's Procurement Code. The prison would provide an economic boost
for Clayton in the form of roughly 200 corrections jobs. It would help the
state, which Clayton hopes would lease room in the lock-up, with much-needed
new prison space. But three lawmakers this week asked Attorney General
Patricia Madrid for a legal opinion on the plan. The request for the
opinion came from the leaders of the Legislative Finance Committee and the
Courts, Corrections and Justice Committee. It was signed by Rep.
Luciano "Lucky" Varela, a Santa Fe Democrat and LFC chairman, and
the co-chairmen of the corrections committee— Sen. Cisco McSorley,
D-Albuquerque, and Rep. Joseph Cervantes, D-Las Cruces. Varela
acknowledged the state's need for more prison beds and said he was
sympathetic with the aim of stimulating the northeastern New Mexico
economy. But Varela said legislators have several legal questions about
the plan. "We're looking at the entire issue of whether or not it
is legal for them to build," Varela said.
Otero County Processing Center
Otero County, New Mexico
MTC
Jan 4, 2018 nmpolitics.net
Conditions at Otero County ICE detention center raise concerns
The Otero County Processing Center is located in rural New Mexico north
of El Paso, Texas. Despite its setting in a desolate stretch of the southern
New Mexico desert, Immigration and Customs Enforcement’s Otero County
Processing Center recently landed at the center of ongoing controversy
surrounding private prisons and ICE detention. As one of five facilities
audited by the Department of Homeland Security’s Office of Inspector General,
conditions at the remote prison have stirred debate, just as its for-profit
operator, Management and Training Corporation (MTC), has moved to expand its
immigrant detention business in other states. But problems at the facility
run deeper than those detailed in the Inspector General’s new report, a
review of contracts and court records related to the facility’s operation
found. Meanwhile, a push to invoke more transparency of federal prisons is
being made in the New Mexico State Legislature — seven years after a report
by the American Civil Liberties Union (ACLU) detailed a host of alleged
abuses at Otero, and one year after an altogether different private prison
contractor, CoreCivic, emerged unscathed following
a scandal related to deaths in custody at its New Mexico facility in Cibola
County. The Inspector General’s recent audit found problems at four of five
ICE facilities nationwide, including Otero. Discovered during surprise
inspections, auditors at various sites found evidence of systematic and suspicionless strip searches, rotten food and moldy
bathrooms, the misuse of segregation, the denial of communications, and long
delays for medical care. Specific to Otero, federal inspectors observed
non-working telephones, unsanitary bathrooms, and unjustified lock-downs and
solitary confinements. “ICE detainees are held in civil, not criminal,
custody, which is not supposed to be punitive,” the Inspector General’s
office states in its Dec. 11 report. “The problems we identified undermine
the protection of detainees’ rights, their humane treatment and the provision
of a safe and healthy environment.” Regional ICE spokesperson Carl Rusnok stated in an email that “ICE is confident in
conditions and high standards of care at its detention facilities.” He said
the agency agrees with the inspector general’s recommendation that ICE
conduct reviews of areas highlighted in the report. For its part, MTC wrote
that, contrary to the inspector’s findings at Otero, the facility was not in
violation of standards, though the company “welcomes oversight” and is
“monitored daily by ICE.” The Otero facility has also been exempted from
ICE’s usual standards for providing recreational opportunities to detainees
when it comes to access to natural light and dedicated outdoor recreation,
documents show. An “intergovernmental agreement” between Otero County and
ICE, provided by the county in response to a public records request, shows
that the federal agency waived its standards in both regards. The contract
does not require access to natural light and it cuts in half — from four
hours to two hours a day — the amount of outdoor recreation to be provided
detainees. In a review of a sample of 15 similar, publicly-available
agreements between ICE and municipal or county governments — including
facilities in Eloy, Arizona and Adelanto, California that have been heavily
scrutinized over conditions — no similar waivers were found. Whether the
decreased hours of outdoor access are even provided is dubious, according to
a local advocate. “Someone could go days, or weeks even, without having
access to the outdoors,” said Melissa Lopez, an immigration attorney who
visits Otero regularly as the executive director of Diocesan Migrant and
Refugee Services, an El Paso nonprofit serving the West Texas region. “It
doesn’t make sense to me,” Lopez said. “We’re in a part of the country where,
for the majority of the year, we have really nice weather.” Medical neglect,
however, is Lopez’s main concern. Although the OIG’s report did not name
Otero among the multiple facilities where inspectors found that care was
lacking, Lopez says she’s heard complaints about health care from countless
detainees during her 10 years of visiting four facilities across the region.
Running trends, she said, include prescribing Tylenol as a treatment for
serious ailments and the delay or denial of providing basic medicine, such as
insulin or high blood pressure medication, for detainees with serious
conditions that have long been diagnosed and treated. “It’s not that the
expectation is that somebody’s gonna get the best
medical care on the market,” Lopez said. “We’re talking about basic care.”
Two of the 172 deaths in custody nationally between October 2003 and June
2017 that ICE has disclosed were at Otero. Fifty-year-old Rafael Barcenas-Padilla died most recently, of bronchopneumonia,
in April 2016, according to ICE. At the time, a scandal surrounding deaths in
custody attributed to medical neglect was enveloping a different for-profit
prison in northern New Mexico, the Cibola County Correctional Center. In the
aftermath of investigative reporting that brought four deaths there to light,
the prison’s corporate owner and operator, CoreCivic,
faced an early contract termination with the Bureau of Prisons in the summer
of 2016. But by fall, the private prison giant picked up $150 million in new
business with ICE, and the facility was up and running as an immigrant
detention center by the end of the year. The vendor now in charge of health
care has been sued twice in New Mexico civil court for deaths due to medical
neglect. MTC, meanwhile, has been named as a defendant in New Mexico lawsuits
around 30 times, according to a review of court records. A case brought by
the ACLU on behalf of a transgender woman, who says she’s being held at the
company’s state prison as a man, is currently being litigated. Recent
settlements made by the company in New Mexico involve the alleged censorship
of books sent to state inmates and a discriminatory firing complaint made by
a guard at the ICE complex. A deep dive from the Center for Investigative
Reporting into Cibola’s closed door deal — and the unresolved questions of
oversight and detainee care which surround it — has since prompted N.M. state
Rep. Antonio “Moe” Maestas to set a legislative hearing on all federal
facilities in the state to take place in the spring of 2018 via the Courts,
Corrections and Justice Committee. The deals — between Otero County and MTC,
and Cibola County and CoreCivic — required the
approval of the office of New Mexico’s attorney general. But state officials
have been hands-off regarding involvement in matters of jurisdiction and
oversight of federal prisons. Maestas thinks the dynamic is one that New
Mexico’s leaders have a responsibility to remedy. “Anything that happens in
the boundaries of New Mexico, we should be concerned about,” Maestas said.
The goal of the hearing, he said, is to “educate legislative members in
regards to federal institutions here. We want to become familiar with their
operations to ensure they’re run appropriately.” “Anytime there’s no
oversight or accountability, that’s when human rights violations are likely
to take place,” Maestas said. “You never want your state to get a black eye
in regards to being responsible for things of that nature.” A 2011 report on
conditions at Otero, compiled by the American Civil Liberties Union, could
indicate that such a hearing is overdue. Two hundred Otero detainees detailed
their experiences under MTC’s care with the ACLU. The resulting report
featured a similar litany of violations as reported more recently by the
Inspector General — from arbitrary lockdowns and abusive guards to deficient
food and medical care. The issue has never made it to the state Legislature,
where it should be considered with urgency given the direction of federal
immigration policy, Maestas said. “Since the federal government is committed
to a policy approaching mass deportation, there’s going to be more and more
federal prisoners in the state. These are men, women and children, not street
criminals convicted of federal crimes,” he said. “We need to keep an eye on
what ICE and these companies are doing to ensure that it’s consistent with
the values of our country.” Even though the federal facilities aren’t managed
by the state, Maestas said, “we still have to maintain high standards of
human rights.” Millions of dollars are at stake. A three month set of
invoices paid to MTC, obtained by public records request, shed some light on
the business of immigrant detention in southern New Mexico. MTC was paid
between $1.8 million to $2.6 million per month between January and March
2017, as the Otero detainee population fluctuated between 914 and 741. The
company charges Otero County, which is paid by ICE, $77 per detainee per day
for the first 850 detainees, the invoices indicate. Meanwhile, in the wake of
a scandal in Texas involving the reopening of MTC’s notorious Willacy County
facility, a new MTC ICE detention center on the horizon in Wyoming has
stirred tensions over prison economy jobs and immigrants
rights, says Antonio Serrano, a 32-year-old father of five from Cheyenne who
is organizing, as chair of the statewide grassroots advocacy group Juntos, to halt the approval of MTC’s contract before it
can start. “With my knowledge of what happens in private prisons, they’re
horrific. They do things so secretly, and I don’t want that in my state,”
Serrano said. Despite differences in politics and desperation for jobs, he
has faith that his fellow residents can find an innovative way to spur their
economy rather than rely on imprisonment. “We have a lot of wind and a lot of
sun and a lot of people who use to work in the energy industry,” he said. “I
really think that with some retraining that a lot of those guys and those
women could get these newer jobs.” People in Wyoming are desperate for work,
he said, and unaware of the human cost detention centers can pose. “I’ve sat
across the table from so many crying moms and crying wives, and been on the
phone with a husband who lost his wife and he didn’t know what was going on,
and I could hear the kids crying,” he said. “There’s so much happening that
people don’t realize.”
January 23, 2011 KASA
A report from the American Civil Liberties Union says a southern New Mexico
center that holds immigrants for possible deportation needs to improve how it
treats them. Immigrants interviewed by the ACLU at the federal immigration
detention center in Otero County complained about prolonged detention,
inadequate food, medical services and legal resources, according to an
Albuquerque Journal copyright story published Sunday. The 1,084-bed Otero
County Processing Center houses immigrants who face deportation proceedings.
Many were taken into custody from the interior of the United States. They
typically have not been charged with crimes other than immigration offenses.
Illegal immigrants charged with federal criminal offenses usually are
deported after completing their sentences, but those imprisoned for state
charges can end up at the facility. Detentions there average about 30 days,
but can be longer for those who fight deportation. The ACLU's report said
Immigration and Customs Enforcement officials responded swiftly and
appropriately in several cases, including a request to dim lighting in the
solitary unit, where bright lights were on 24 hours a day. Many detainees
said, however, they were threatened with solitary confinement if they filed
complaints. The report also said that when they are filed, some
"reported never even receiving a response to their grievance." The
processing center, financed by Otero County, is operated by the private
Utah-based Management and Training Corp., under contract with ICE. The
facility, with 20 dormitories of 50 beds and a more secure unit of 84 beds,
houses an average of 890 detainees. The ACLU received complaints about conditions
at the Otero County facility from more than 200 detainees since 2008. The
report also is based on 42 interviews with those housed there from fall 2009
through June 2010. An MTC spokesman referred questions to a Texas-based
spokeswoman for ICE, Leticia Zamarripa. "ICE
carefully considers the recommendations offered to further improve its
operations," she said. Detainees also complained about restrictive
policies, such as short weekly visits from family and outdoor recreation to
an enclosed, concrete courtyard with only a view of the sky. One detainee
reported vomiting repeatedly and suffering acute stomach pains for two or
three days before the clinical staff gave him ibuprofen and an antacid. He
later was hospitalized for three weeks.
Regional Correctional Center
Albuquerque, New Mexico
GEO Group (bought Cornell Corrections)
April 4, 2011 Albuquerque Journal
Raw sewage bubbled up around inmates' ankles six or seven times last month at
the Regional Correctional Center prison Downtown, an inmate said in a written
declaration presented to the federal judge overseeing a long-running prison
conditions lawsuit Thursday. Inmate William Clark said "liquid
containing feces came out of the shower drains" and toilets in Unit 1
South, standing two inches deep in some areas. The liquid and solids couldn't
be flushed back down, causing inmates in their cells to get headaches and
become nauseated, especially when they were on lockdown. The prison is
currently operated by the Geo Group under contract with the county, which has
a contract with the federal government and is scheduled to be shut down by
April 30. The prison owns a machine it uses to remove liquid from floors, but
inmates were instead forced to use mops and buckets, Clark's sworn statement
says, because they weren't trained on the machine. Using that method took
hours, in part because the correctional center shut off water during the
flooding, the statement says. "On one occasion," it says, "we
had to pour the contents of the buckets we had filled onto the floors of
empty cells in 1 South because we had nowhere else to put the liquid and
feces." Declarations by Clark and Keith Millhouse were submitted to
Senior U.S. District Judge James A. Parker as inmate attorneys in the
conditions lawsuit known as the McClendon case were pressing the court to
allow them access to the Regional Correctional Center. Inmate lawyers have
said that they should have been able to speak in person with their clients
while the county appealed an adverse ruling by the previous judge in the case
over the last two years, but they have been barred from the facility. Lawyer
Mark Donatelli said that transitional periods such
as the current progressive shutdown are dangerous periods in any prison
because the guards' employment situation means they don't always show up for
work, and mingling of different classes of inmates creates tension. Parker
said he would be willing to accompany lawyers for both sides on a tour of the
facility to assess current conditions. Marcus Rael, one of the lawyers representing
the county in the litigation, said that, because Geo Group is operating the
jail, inmate lawyers need to get in touch with Geo lawyers to assess
conditions. Millhouse's declaration describes raw sewage in his pod over five
consecutive days in March, standing four to six inches deep.
February
4, 2011 Albuquerque Journal
Bernalillo County officials are considering getting out of the business of
housing federal inmates at the old Downtown jail, known as the Regional
Corrections Center. A County Commission vote is scheduled for Tuesday that
would terminate 2004 and 2005 agreements between the county and the Office of
the Federal Detention Trustee. The latter agreement expires in March. The
county owns the building at 4th and Roma NW. It receives about $1.5 million a
year under a lease agreement with GEO Group Inc., a Florida-based private
prison company that runs the corrections center. More than 500 U.S. Marshals
Service, Bureau of Indian Affairs and federal Bureau of Prisons inmates are
housed at the center, officials said. "We're evaluating whether we're in
a position anymore to lease that building out for federal prisoners,"
said Deputy County Manager Tom Swisstack. "We
aren't sure it benefits the county anymore to have that facility hanging over
our head." U.S. Marshal Conrad Candelaria said marshal's service
prisoners would be transferred to other facilities in the state if the county
shuts down the RCC. It is unclear how many GEO Group employees work at the
RCC. The facility's warden did not return a telephone call. The vote on
whether to pull out of the agreements comes less than a month after setback
for the county in the so-called "McClendon" case — a federal civil
rights lawsuit over inmate conditions at the Downtown jail and the county's
massive Metropolitan Detention Center on the far West Mesa that has dragged
on nearly 16 years. In the ruling, the 10th Circuit Court of Appeals
dismissed an appeal from the county, which has been seeking to keep intact a
settlement agreement over jail conditions reached in 2005. The agreement
settling the lawsuit specified that it only applied to the MDC, not the
Downtown jail, which was renamed the Regional Correction Center. But the
judge then presiding over the lawsuit ruled in 2009 that county officials had
so misrepresented the county's role in running the old Downtown jail — which
it had leased to a private operator — that parties should be allowed out of
the deal, and she withdrew her approval of the settlement.
July
3, 2008 New York Times
The federal immigration agency should report all deaths in detention
promptly, not only to the inspector general for the Department of Homeland
Security, but also to state authorities where required by law, the inspector
general has recommended after a “special review” of the deaths of two
immigrant detainees. The detainees — a 60-year-old South Korean woman in
Albuquerque and a 30-year-old Ecuadorean woman in St. Paul — were among
dozens whose deaths in the custody of the agency, Immigration and Customs
Enforcement, have drawn scrutiny in the past year. Congress, advocates for
immigrants and the news media have highlighted the lack of systematic
accountability in such cases, and documented problems with the medical care
provided in the detention system, a patchwork of county jails, privately run
prisons and federal facilities. Both detainees died because of serious
medical conditions that existed before they were detained. But the review
found that the cases pointed to larger problems with oversight and medical
care, including the failure to recognize or act on serious health care
deficiencies in both detention centers that had been documented by routine
inspections. The 55-page report, released Tuesday, did not name the two
detainees, but one was Young Sook Kim, a cook who died of metastasized
pancreatic cancer on Sept. 11, 2006, a day after she was taken to a hospital
from the Regional Correctional Center in Albuquerque, a county prison
operated by the Cornell Companies. A complaint to the inspector general’s hot
line, testimony by a former employee, and an affidavit from a fellow detainee
all contended that Ms. Kim had pleaded in vain for medical attention. The
review found that it was already too late to save her life, and that Cornell
clinical records showed the staff had responded to her written medical
requests — albeit only by giving her antacid tablets when she complained of
stomach pain. But the review confirmed complaints that Cornell was slow to
deal with sick calls because of a nursing shortage: a government inspection
in September 2006 found ailing detainees had to wait for as long as 30 days
to see the medical staff. That inspection, by the Office of the Federal
Detention Trustee, also found that only 11 of 20 detainees with chronic
conditions were regularly scheduled for chronic care clinics, and that its
policies did not fulfill requirements to notify the Homeland Security
Department — the system’s parent agency — or the Justice Department of
deaths. Ms. Kim’s death was not reported, as required, to state medical
investigators. The immigration agency initially maintained that the county
should have reported the death, but on Wednesday, a spokeswoman, Kelly Nantel, said that “as a result of the report,” the agency
has directed that all deaths be reported to the appropriate state and federal
authorities. The report also urged the immigration agency to pool information
with the detention trustee. In September 2006, it noted, trustee inspectors
gave the Albuquerque prison the lowest overall rating, “at risk” — two levels
below acceptable. But because the two agencies do not routinely share
information, the report said, Immigration and Customs Enforcement placed some
3,500 more detainees at the facility. Last August, the immigration agency
removed all detainees after its inspectors found a host of other problems,
including an inadequate suicide watch. The Minnesota case involved Maria Inamagua Merchan, a department
store worker who was detained in the Ramsey County jail and died in April
2006. For more than a month, her persistent headaches had been treated only
with Tylenol; when she fell from a bunk bed, several hours passed before she
was taken to the hospital, where physicians diagnosed neurocysticercosis, an
infection of the brain by larvae of the pork tapeworm. “We cannot determine
with certainty whether this death could have been avoided had the detainee
received immediate medical attention for head trauma,” the report said, after
praising the authorities for promptly reporting the incident and for
notifying the Consulate of Ecuador and the detainee’s spouse. But it
recommended better medical screening and education about the parasite, which
is endemic in parts of Latin America.
April
1, 2008 The New Mexican
More than eight months after Immigration and Customs Enforcement officials
removed 600 detainees from an Albuquerque jail, they say they won't house
immigrants there again. The federal immigration agency, part of the
Department of Homeland Security, says it has enough space elsewhere for
detainees arrested in the Santa Fe and Albuquerque areas. A majority of the
immigrants who would have gone to the Regional Correctional Center in
Albuquerque will be housed in El Paso, said Leticia Zamarripa,
an ICE spokeswoman. The agency also can house detainees at other regional
facilities if it needs to, including a to- be-opened immigrant processing
center in Otero County. The move means family members of immigrants who are
detained will have to travel farther to visit their relatives.
"Certainly having them far away is going to be incredibly difficult for
families," said Marcela Díaz, director of the Santa Fe immigrant-
advocate group Somos Un Pueblo Unido.
ICE was housing hundreds of detainees awaiting deportation at the RCC. That
facility faced allegations by immigrant lawyers — and criticism by a federal
judge — of subpar conditions. Complaints included sweltering heat inside,
frozen food and poor medical attention. After the agency yanked all of its
inmates last summer, an ICE official said he had "serious doubts"
about the ability of Cornell Cos. Inc., which runs the jail, to provide a
safe environment for detainees.
March
7, 2008 Market Watch
Cornell Companies, Inc. announced today that the Company has been informed
that the federal agency which currently holds the contract in effect for use
of the Regional Correctional Center (RCC) in Albuquerque, New Mexico intends
to unilaterally reduce use of the facility. The modification is intended to
continue use of RCC by the U.S. Marshals Service but eliminate any future use
by the Immigration and Customs Enforcement (ICE) division. Cornell, which
leases RCC from Bernalillo County, believes that the attempted unilateral
reduction of guaranteed bed-days does not comply with the terms of the
contract and will be exploring the legal and financial implications with that
in mind in the coming days. Bernalillo County owns RCC and holds the contract
directly with the Office of Federal Detention Trustee (OFDT). The unilateral
notice indicated an intention to reduce the total guaranteed bed-days
annually from 182,500 to 66,300 effective February 26, 2008. James E. Hyman,
Cornell's Chairman, President and CEO said, "We are disappointed that
ICE has decided not to use the RCC, as we have made an enormous effort over
the past year to address all concerns that they, other customers, and other
constituencies, brought to our attention. Should ICE decide in the future
that their needs have changed, we would welcome them back. We remain
committed to serving the needs of the U.S. Marshals Service and to providing
space to other potential customers as they arise. We also are reviewing
Cornell's and the county's legal rights under the contract." OFDT has
stated that the Marshals Service will continue to use the facility at
generally the current level, which since the third quarter of 2007 has
fluctuated between 170 and 200 detainees. Cornell also continues to actively
market the facility to other customers.
December
27, 2007 Albuquerque Tribune
Calvin Morton started making changes in his new job as warden at the Regional
Correctional Center right at the front door - literally. Since taking over as
the head of the Downtown jail in early October, Morton has boosted security,
starting with the lockup's entrance. All staff members and visitors now face
increased scrutiny as they go through metal detectors, he said. "We've
directed them to put all their items in a clear container if possible. If not
in a clear container, we would be looking into their briefcases or whatever
they are bringing in, lunchboxes or whatever the case might be to examine
those and make sure there is no contraband in it," Morton said. The
change is one of several that Morton, who has worked in corrections for more
than three decades, is bringing to the jail at a key point in the facility's
history. The jail at Fourth Street and Roma Avenue Northwest is looking to
regain about 700 detainees of the Immigration and Customs Enforcement agency
- clients it lost this summer. "We have a lot of empty beds here,"
Morton said. "We're looking at contracts we might be able to get into
our facility to fill those beds." This summer, ICE pulled all of its
detainees from the lockup. The agency has mostly been mum about why, but an
internal review turned up problems including deficiencies in medical care, contraband
in the jail and a lack of complete emergency plans. About 180 detainees of
the U.S. Marshals Office remain at the jail, which can hold nearly 1,000
people. Between January and August of this year, inmates filed 218 complaints
about conditions in the jail. As Cornell struggled to improve the facility,
19 employees were fired. And because it lost so many detainees, the
Houston-based company laid off another 96 employees. Eighty-six staff-members
remain.
November
1, 2007 Albuquerque Tribune
Cornell Cos. Inc. is betting federal immigration detainees will return to the
Regional Correctional Center, Bernalillo County's Downtown jail. So far, the
bet is costing the company money. Because it has kept more employees than it
needs for the 200 or so detainees left at the jail, Cornell's employee costs
are higher than expected, and have forced the company to lower its projected
fourth-quarter earnings. The company laid off about 100 employees in
September after the Immigration and Customs Enforcement agency pulled 600
inmates from the lockup this summer. Cornell CEO and Chairman James Hyman in
a written statement said fourth-quarter earnings are likely to slide 6 cents
per share, to about 30 to 33 cents. Despite the projected decrease - also due
in part to Cornell's slower than expected intake of new inmates at an
Oklahoma prison it runs - the company chose to keep the extra staff in case
ICE decides to move detainees back to the jail at Fourth Street and Roma
Avenue Northwest. "There is more staff there than would be needed for
180 or so (U.S.) Marshals (Service) detainees who are there, so that if ICE
chose to bring people back on short notice, we are prepared," Cornell
spokesman Charles Seigel said. Seigel declined to talk about staffing levels,
including how many people work there now. He also declined to say how many
inmates the jail could take in before more employees would need to be hired.
"Those are internal (numbers), and we prefer not to talk about
that," he said. ICE officials have said the agency has no immediate
plans to return to the facility, and the federal government is reviewing
operations at the jail, which has come under scrutiny by inmates' attorneys
for its physical conditions and health care. Meanwhile, Cornell has said it
is looking for other customers for the 970-bed jail. An ICE spokeswoman
didn't return a call seeking comment Wednesday. Apart from layoffs, the
company has also fired employees. Documents obtained by The Tribune show 19
people were fired in the seven months before and after ICE's removal of
detainees. During the same time period, inmates filed 218 grievances. The
company had been predicting fourth-quarter earnings between 36 and 39 cents a
diluted share. Hyman, in a news release Tuesday, said the company expects
earnings to drop about 6 cents a share. The stock was trading at $24.80 a
share Wednesday. The stock's two-week high was $27.76. However, the company
is expecting revenues for the first quarter of 2008 to increase because of an
agreement governing the Regional Correctional Center under which the federal
government guarantees payment for 500 beds. Kevin Campbell, a senior analyst
at Avondale Partners LLC in Nashville, Tenn., said the new earnings
predictions are based on short-term situations, adding the earnings dip is likely
only temporary. "Given the lack of supply of beds in the industry and
strong demands from various federal agencies, it's likely Cornell will fill
those beds with a customer," he said.
October
2, 2007 AP
Albuquerque authorities say a 40-year-old man in the custody of the U.S.
Marshals Service was found dead in his cell at the Regional Correctional
Center. The inmate was found hanging by a noose made of bed sheets, less than
15 minutes after a routine check on him. That word from Charles Seigel, who is
a spokesman for Cornell Companies Incorporated. Cornell runs the lockup in
downtown Albuquerque. Seigel says the company is investigating. The inmate’s
name was not immediately released. Cornell has been criticized about
conditions at the jail. U.S. Immigration and Customs Enforcement earlier this
year pulled 600 detainees from the jail over safety and other concerns.
September
25, 2007 Albuquerque Tribune
In the seven months surrounding the removal of almost 700 detainees from the
Regional Correctional Center this summer, 19 jail employees were fired,
inmates filed 218 grievances, and drugs and other contraband were routinely
discovered. Documents obtained by The Tribune also show jail officials had
reported five incidents they listed in a high-importance category - including
the discovery of three bundles of marijuana on an inmate and a broom-handle
assault by a detainee on a correctional officer. The documents may indicate
why the U.S. Immigration and Customs Enforcement agency removed all its
detainees from the Downtown jail and has since said it won't be returning
them in the foreseeable future. In several interviews during the past few
months, officials with the federal agency have been nearly mum on what may be
wrong at the jail, saying only that they pulled people from the facility
after several "serious incidents." They also noted the jail was
found to be deficient in two of its detention standards. A
immigration agency spokeswoman didn't return a call seeking comment Monday.
Representatives from Cornell Cos., which runs the lockup at Fourth Street and
Roma Avenue Northwest, have said they've fixed the problems the agency had
with the jail, but they still don't know why it left. "The reasons ICE
left may or not be found in documents or specific numbers," Cornell
spokesman Charles Seigel said. "It may simply be a feeling, which they
have expressed." As for the five incidents marked in the high-importance
category, Seigel said they weren't serious enough to reach the company's
highest-importance level, but Cornell takes them seriously nonetheless. The
jail, which has a capacity of close to 1,000, now holds fewer than 200
inmates in the custody of the U.S. Marshals Service. Bernalillo County, which
owns the building, had also been using the jail for inmates it couldn't fit
at the Metropolitan Detention Center on the city's West Side but stopped that
in late July. The reported incidents are common in most jails in the country,
said Seigel. "Every facility in the country, whatever the detention
level . . . has issues of unruly people who break the rules by trying to
bring in contraband," he said.
September
13, 2007 Albuquerque Tribune
U.S. Immigration and Customs Enforcement officials pulled all their detainees
from a privately run jail in Downtown Albuquerque because of critical
concerns about management, a federal official says. A number of "serious
events" in recent months raised concerns about the Regional Correctional
Center run by Cornell Cos. Inc., said Gary Mead, assistant director for
detention and removal operations for ICE in Washington. Mead declined to give
specifics about the events, saying they are still under investigation.
"We have serious doubts about their (Cornell's) ability to provide the
safe and humane environment we want for our detainees. That's the reason we
are not there," Mead said in an interview Wednesday. Until now, ICE had
said little about its reasons for removing about 600 detainees from the jail
in July. ICE previously had cited two detention standards it said the
facility wasn't meeting, things Cornell said it had fixed. "While there
were issues with the standards in terms of food service and clothing and
temperature and things like that, our reasons for taking people out are
really much more fundamental than that," Mead said. "We just have
serious doubts about Cornell at the facility." Mead said he's met
several times with Cornell officials since June 25, including a meeting at
the jail at Fourth Street and Roma Avenue Northwest. Mead said the
immigration agency had concerns about the jail before Chief U.S. District
Judge Martha Vazquez of Albuquerque sent a letter to Cornell's chief
executive officer. Mead said Vazquez's letter in late June only intensified
his agency's attention to complaints about conditions at the lockup. "The
Cornell officials basically told us that many of the judge's concerns were
unfounded, or were corrected or were in the process of being corrected,"
Mead said. "They told us not to worry; they were in full control of the
facility." But, he said, "There have been a number of incidents at
the facility that caused us to seriously question Cornell's ability to safely
and humanely detain our (undocumented immigrants) there." In her letter,
Vazquez said she was worried about medical care, physical conditions and nutrition
at the lockup. She recounted stories inmates told her during visits this
summer to the jail about missing property, and allegations of sexual
misconduct and of inmates who were punished for speaking out. Federal
authorities are also investigating the death of a Korean woman who died at an
Albuquerque hospital while in the jail's custody last year. The woman's
repeated requests for medical attention were ignored, according to lawyers
familiar with the case. Cornell spokesman Charles Seigel said the company has
worked to address the agency's concerns and would like to know what it can
still do to appease the immigration agency. "We hear from them all the
time about the past history they don't like," he said. "All we
would like to hear is a specific list of things to do to make them happy,
because all we hear about is past history. What we don't hear from that is
what we need to do to resolve their concerns and make it a facility they can
bring people back to." As for the serious incidents Mead mentioned,
Seigel also refused to give details. "There are things that have
happened in the past that we have addressed with ICE. We've been told
everything is fine, and we've dealt with ICE," he said. Seigel said
Cornell is more than willing to do what it takes to have ICE as a client
again. At the same time, the company is looking for other inmates to fill the
jail. "First of all, we know they are the customer, and what their
perception is is what matters. There's no point in
going back and forth about whether we agree with their concerns. If that's
their perception, that's their perception and we'll address it." Before
it removed all of its detainees, the immigration agency pulled about half in
the hope that Cornell could do a better job with fewer people, Mead said. But
that wasn't the case, he said, and the agency later removed everyone it had
at the facility, a move Mead described as rare. "On rare occasions, we
have left facilities in the past, but it's very rare for us to do it,"
he said. "This was serious enough in our mind that it warranted
that." ICE, which has about 30,000 detainees at 300 to 350 facilities
around the country, only rarely has pulled inmates, Mead said. Albuquerque is
the only place ICE is contracting with Cornell, Seigel said. Although it
doesn't have anyone at the Downtown jail, ICE still has a contract with
Cornell and could, at a later date, decide to return detainees. "We
haven't terminated our relations with them," Mead said. "We're
still evaluating that situation; we just don't have a date for that at this
point," Cornell has run the former Bernalillo County Detention Center
since 2003. The facility is still owned by the county, which receives about
$1.5 million a year in rent from Cornell. Without ICE as a tenant, Cornell
earlier this week cut 82 of 185 employee positions at the jail. Fewer than
200 inmates remain at the jail, in the custody of the U.S. Marshals Service.
September
10, 2007 Albuquerque Tribune
After more than a month without its main client sending detainees to its jail
in Downtown Albuquerque, Cornell Companies Inc. this morning cut 82 of 185
jobs at the jail. The federal Immigration and Customs Enforcement agency,
which had housed about 600 people at the Regional Correctional Center, in
late July yanked its inmates, saying the facility didn't meet two detention
standards. Since then, the company has worked to address the concerns but has
heard little on ICE's plans, said Cornell spokesman Charles Seigel.
"They have not indicated whether or when or if they plan to be
back," Seigel said this morning. The company is looking for other
clients. An ICE spokeswoman this morning had no update on the agency's plans.
The layoffs affected 82 of the 185 positions at the facility, and mostly
included correctional officers. It was unclear how many people were laid off,
as some positions were vacant, Seigel said. Bernalillo County Public Safety
Director John Dantis said the county would work to
recruit officers for its Metropolitan Detention Center. At the same time, the
county is interested in possibly housing inmates again in the jail, which it
owns and leases to Cornell. The Houston-based private prison company pays the
county more than $1 million in rent each year.
August
30, 2007 Albuquerque Tribune
For months, allegations of filthy conditions, subpar medical attention and
bad food have hung over the Regional Correctional Center in Downtown
Albuquerque. On the outside, little seemed to be changing as inmates and
lawyers with the American Civil Liberties Union of New Mexico repeatedly
lodged complaints and the Immigration and Customs Enforcement agency pulled
more than 600 detainees from the jail, run by Cornell Companies Inc.
Bernalillo County also pulled its inmates from the facility. But key events -
visits by Chief U.S. District Judge Martha Vazquez and a letter from a
Bernalillo County official warning Cornell that if the allegations were true
and the company didn't try to correct them, the county could move to
terminate its contract - appear to have sparked big changes. The two groups
seem to have settled the differences, with the county in a subsequent letter
saying it was satisfied with Cornell's actions and a company spokesman saying
things have been worked out. Vazquez, in a letter to Cornell Chairman and
Chief Executive Officer James Hyman, said that from one visit this summer to
the next, she saw some big improvements. She outlined her concerns and her
findings in documents obtained by The Tribune this week. "The detainees
reported that they are now receiving toiletries as well as clean linens and
towels and that they are consistently receiving an hour of recreation time
each day," Vazquez wrote in a June 22 letter to Hyman. "The black
mold was cleaned from the shower in the area where the (U.S. Marshals'
Office) women are housed, and the air conditioning appeared to be working in
the cell where it was so hot during my last visit." Still, Vazquez had
other worries, including detainees who seemed afraid to speak with her a
second time. "During my first visit, detainees eagerly approached me to
discuss their concerns. I spent hours at the facility, took pages and pages
of notes, and left with detainees still lined up to talk to me. The
detainees' response to my follow-up visit was dramatically different. The
detainees were subdued, some even visibly frightened to be seen speaking to
me." Two detainees in the custody of the immigration agency later called
Vazquez to say they had been punished for speaking with her, she wrote in the
letter. In a written response to the judge, the jail's warden, Brick Tripp,
said officials had investigated Vazquez's allegation but couldn't back it up.
"Detainees have not been discouraged from or retaliated against for speaking
the Chief Judge (sic)," he wrote. Although Vazquez was still troubled by
the jail's medical care, its physical condition and behavior by correctional
officers, some of her concerns seem to have been addressed after County
Manager Thaddeus Lucero on July 30 wrote his warning letter to Cornell. In a
letter back to Lucero on Aug. 23, Cornell's senior vice president for the
Adult Secure Division, Michael Caltabiano, outlined
changes the company has made and said there was no reason to terminate the
agreement between the county and Cornell. Under the agreement, Cornell pays
the county more than $1 million a year to rent the facility at Fourth Street
and Roma Avenue Northwest. Under another agreement, federal detainees
including from the U.S. Marshals' Office and the immigration agency are
housed at the lockup. Currently, fewer than 200 Marshals' detainees remain.
"While we acknowledge that there have been some difficulties to overcome
relative to RCC operations, and while we appreciate that operational improvements
can always be made at any facility, we respectfully maintain that no
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