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In get-tough stance, DOC withholds prison payments
The agency finds that contracted facilities have failed to fill staff vacancies.
 
By TOM LINDLEY World Capitol Bureau
Published: 12/16/2008  2:26 AM
Last Modified: 12/16/2008  3:03 AM

OKLAHOMA CITY — Taking a tougher approach, the Oklahoma Department of Corrections has withheld more than $589,000 in payments to private prison operators in the past year because of staffing shortages.

Cimarron Correctional Facility in Cushing has had five payments of $40,000 or more withheld since December for failing to fill vacancies within 45 days, including several positions in the medical field.

In April, the state withheld $59,191 in payments because 19 positions remained unfilled within 45 days. Among them was a clinical supervisor slot that DOC officials said had been open for 457 days.

The Davis Correctional Facility in Holdenville also has had about $76,000 in payments withheld since August because of staffing incidents. Both facilities are owned by Corrections Corporation of America, based in Nashville.

A company official says it has had difficulty filling medical positions because of a nationwide shortage.

In addition to the money it has already withheld, the DOC has another $50,000 in fines pending for November.

The DOC has withheld payments to private prisons in 28 instances since last December for failing to fill positions in a timely manner.

The department's decision to penalize private prisons financially for contract violations stems from a recommendation made in a performance audit of the Department of Corrections requested last year by the Oklahoma Legislature.

"The audit felt like we were giving too many warnings to private prisons and that we needed to start doing more liquidated damages," DOC Director Justin Jones said last week.

An official with the Oklahoma Public Employees Association, which sought information on the fines, said the organization is concerned whether private prison contractors are actually fixing the problems, or simply paying the fines.

Mark Beutler, director of communications, said Monday that OPEA is sponsoring legislation in the upcoming legislative session that will make contractors more transparent.

"We believe contractors should be held more accountable in reporting violations and also in the ways they are spending taxpayers' money," Beutler said.

Calling the shortage of medical personnel a problem for prisons, Corrections Corporation of America spokesman Steve Owen said the company is making a good faith effort to fill its medical services vacancies as quickly as possible. Until the positions are filled, Owen said the facilities will hire part-time employees or pay overtime to prevent a drop-off in services.

"This is hitting us in the wallet, but it's not costing the taxpayer," Owen said.

The state has about 4,540 inmates housed in three private prisons in the state. In addition to the CCA facilities in Cushing and Holdenville, the third private prison that contracts with DOC is the Lawton Correctional Facility.

The Lawton facility has had about $23,000 in fines since last December, including about $10,000 that is pending for November. The facility is owned by the GEO Group Inc. of Boca Raton, Fla.

The performance audit, which was released Dec. 31, 2007, said the enforcement of liquidated damages provisions in the state's contract with private prisons was extremely rare and time-consuming.

"DOC's process is somewhat cumbersome in that it requires multiple levels of consideration by executive staffs," the audit report said.

It called DOC's failure to use liquidated damages effectively "a serious problem with DOC's management process" that has eroded the credibility of the contract monitoring system.

In the past, DOC has used more informal sanctions in response to contract breaches, which sometimes resulted in adjustments in a facility's population level.

"As system crowding worsens, however, the flexibility to reduce population in response to problems diminishes significantly," the audit reported.




Tom Lindley 405-528-2465
tom.lindley@tulsaworld.com
By TOM LINDLEY World Capitol Bureau

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Daniel Day Simpson, Edmond (12/16/2008 12:33:26 PM)
I don't believe the state uses enough alternative steps to keep people with minimal crimes out of the prison system. For prison to be a deterrent it has to affect whether or not someone is going to commit a crime. For most of us, it works. For a growing amount of youthful offenders, it doesn't. They actually look forward to a visit to state pen. Its like a badge of honor to get tattoos only available in prison. Those people need to be detected and placed into a Southern style civil war prison. They need to leave prison with an absolute hatred for the system and be so scared to go back that they could be shown a vault full of money and run away in horrible fear. But no, our federal courts say we have to make them feel warm and cozy. So you get the story above that never changes. Just look up stories in the 70's and just change the date. Its the same and it will never change. We are married to the problem and its only the honeymoon!
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Angry Citizen!, Bluejacket (12/16/2008 1:15:39 PM)
Our legislator's tough on crime stance has incarcerated way too many people. For crimes without victims, the legislatoure ought to take a good long look at the punishment matrix.
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Jayne_D'oh!, Tulsa (12/16/2008 2:23:00 PM)
All crimes have victims, Angry Citizen. Did you mean "non-violent" criminals?
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oldhippyrebel, tulsa (12/16/2008 5:39:27 PM)
What are they doing about their own shortage of staff at the state prisons????
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getreal, (12/16/2008 5:43:47 PM)
Tough laws mean more prisons. More prisons mean more contracts for construction, operations, and supplies. America is a great place to do business!
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disgusted in Iraq, (12/16/2008 11:37:01 PM)
What is not being told here is the D.O.C. administrator over all of the private prisons in the state of Oklahoma created most of the current problems. Before being hired by D.O.C. to oversee all private prisons she worked for CCA for several years, most of that time at Cimarron. She created a atmosphere of the staff being afraid to do their jobs. The inmates lovingly refered to her as "Momma Rene" It was known that doing things such as stopping the flow of drugs and catching the inmates with drugs or weapons was going to get you into trouble with "Momma Rene" who veiwed this as harrassing her inmates and stated that they should be left alone, Even went as far as blocking the prosecution of the inmates when they were caught with large amounts of drugs or for assaulting staff.(hundreds of documented cases at Cimarron alone) As most people could imagine this made it very hard to keep staff. Most people refused to work in that environment and left for lower paying jobs just to get away from that. The staff numbers are actually even worse than what is being told. CCA counts the people attending training to become Officers as working even though they can not be used until the 6 week training is done. About half do not finish the training.
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oldhippyrebel, tulsa (12/17/2008 12:20:25 AM)
disqusted in Iraq you sound like she may have fired you from working there. She was DOC before she went to work for the privates. Show the documented cases if you really have that kind of info.
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disgusted in Iraq, (12/17/2008 1:58:42 AM)
oldhippierebel

Nope, not fired. Deployed to Iraq. Much different. She was D.O.C. before starting private as a Asst. Warden. Sounds as if you know of her so you probably also know that she was promoted to Warden in the private prisons, then moved back down to Asst. Warden before leaving and going back to D.O.C. as the administrator over all private prison contracts. Really not trying to badmouth her too much as she is a nice lady. Just stating fact that it is hard to keep staff under the conditions that she created. After reading your other comments it seems that you are probably just one of the felons that have benifited by being pampered.
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jblk, (12/17/2008 10:45:17 AM)
She is a very nice woman. Perhaps there is a problem with her wanting to see the inmates treated humanely which is extremely lacking at Cimarron. I for one am very grateful to have on the DOC staff someone that can be counted on as an open ear when there are blatant violations of DOC policy that takes place in these prisons which happens in Cimarron all the time.
Unfortunately the public just doesn't seem to care how the inmates are treated until it involves them personally. Only when you end up with a loved one on the inside do your eyes get open up to the glaring abuses that take place within these forgotten places.

How we treat these people is a reflection of us as a society. I have no issue with the stance of "do the crime, do the time" however, when abuses go on at the hands of those who are supposedly "in charge" what does that teach to people who have already demonstrated an obvious lack of ability to abide by the rules. Why should they be expected to follow any rules when staff violate them willy nilly.

Please do not take this post as supporting those inmates who assault staff, I do not, not any more than I support staff belittling and denigrating those who do not have the ability to fight back. It is bullying in its most cowardly form.

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Islander, Tulsa (12/17/2008 11:17:46 AM)
In Oklahoma, we have a lack of people who want to provide medical service in rural areas--where all the mentioned facilities are located. Not necessarily saying that CCA shouldn't be fined for not fulfilling their contract, but taking into consideration that sometimes the supply of personnel is just not there.

I do agree with the posters who commented on the overcrowding because of overzealous jail terms. How many times has an 18-year-old been charged as a sex criminal for having relations with his 17-year-old girlfriend? And then he's labeled as such for the rest of his life! Make the sentence fit the crime.
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disgusted in Iraq, (12/17/2008 11:29:06 AM)
jblk
You talk of the place like it is a dungeon, truth be told it is closer to a country club. Cable tv, playstations, games, full baseball field, full basketball court 4 half courts, 5 volleyball courts, huge walking track,workout equip, computer lab, Doesent seem too forgotten to me. I do agree that staff belittling inmates is wrong however I seen very little of that happen. The point I was attempting to make was that people will not work in a environment that they are not allowed to do the job that was given to them and do not feel safe in. Others will not do the job long at these prisons long out of ethical concerns. They see wrong being done such staff being prevented from stopping drugs and contraband in a facility due to one person being too nice, and they will not be a part of that and leave for that reason. I do agree D.O.C. should be doing something to stop the staff shortages and they are probably on the right path. But they are going to have to look a bit deeper into why the shortages are there.
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oldhippyrebel, tulsa (12/17/2008 3:04:38 PM)
disgustged in Iraq
Not a felon or family of felon. but do know things about DOC thur a ministry. First hats off to you for what you do.

I see both sides problems and instead of just wishing things were better, I try in what ever small way to make things better for both sides. I have a real problem with staff allowing drugs and other things in and think they should get twice the normal sentence. Anyone that allows drugs/what ever inside makes it that much worse whether it is the staff trying to do their job or the inmate just trying to do their time and make chages in their life. There should be more programs at all the facilities.

DOC fines the privates for not doing stuff or having staff, but aren't they in the same boat and what if anything is being done? nothing
 

 
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