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Alternative Youth Adventures
Montrose County, Colorado
Community Educational Centers
January 22, 2009 Rocky Mountain News
The mother of a Salt Lake City boy has filed a lawsuit against a Colorado
wilderness camp where her son died of a staph infection. The mother, Dawn
Boyd Woodson, alleges her son's 2007 death could have been prevented if the
staff of Alternative Youth Adventures had heeded medical warning signs. A
company attorney says operators of the former camp in Montrose had a stellar
reputation until 15-year-old Caleb Jensen's death. Attorney Colleen Scissors
says a staph infection is not something that would have been obvious. She is
defending West Caldwell, N.J.-based Community Education Centers Inc., AYA's
former corporate parent, against criminal charges filed by the Montrose
County district attorney over Jensen's death. A trial is set for March.
July 15, 2008 Daily Planet
More than a year has passed since Caleb Jensen died in the mountains near
Montrose, in a wilderness camp for troubled kids. Languishing from an
untreated staph infection, the 15- year-old collapsed on his sleeping bag one
day and never got up. That was May 2007. Yesterday, a Montrose County grand
jury indicted the camp, its corporate parent, two camp staffers and a Utah
doctor on charges stemming from the boy’s death. They’re charged with
manslaughter, criminally negligent homicide and child abuse and face up to 12
years in prison. Jensen’s mother, Dawn Woodson, said she’d been waiting for
this news in one form or another every since she got a phone call telling her
that her son was dead. “I’m glad to hear of it, and that these people have
been indicted,” she said in a telephone interview. “But I still have a huge
void and nothings ever going to fill it.” The Utah boy spent the last month
of his life at Alternative Youth Adventures, a now-defunct youth camp outside
Montrose. He was sent there in late March 2007 after getting into trouble and
landing in the Utah Division of Juvenile Justice Services. The camp sought to
rehabilitate troubled kids with a menu of long hikes, tough physical
exercise, counseling and education. It was an offshoot of Community Education
Centers, a New Jersey company that runs programs nationwide for adult
prisoners and at-risk kids. But Jensen’s experience became a doomed
nightmare. He was prone to staphylococcus infections and developed one after
arriving at the camp, investigators said. He complained, and other campers
complained on his behalf, but Jensen’s mother said those pleas fell dead to
the ground as her son’s skin went gray, his fever spiked and he started
hallucinating. Jensen was even isolated for insisting that he felt sick, his
mother said. “They were saying he was acting out and lying, and he was being
punished the entire time he was sick,” Woodson said. “He was all by himself
the whole time. He was dying and he was by himself. He couldn’t talk to
anyone the whole time he was sick.” On May 2, 2007, a month after he entered
the camp, Jensen died. After the state suspended its license, Community
Education Centers shut down the camp permanently in July 2007, “without
admission of wrongdoing of any sort,” according to a letter it wrote to the
Colorado Attorney General’s office. The case went nearly silent until
yesterday’s indictments were announced. Alternative Youth Adventures and
Community Education Centers were charged with child abuse resulting in death
and criminally negligent homicide, according to the Montrose County district
attorney. James Omer, the camp’s program director, and Dr. Keith Hooker, a
Utah emergency doctor and wilderness program expert, were also charged with
child abuse and criminally negligent homicide. Ben Askins, another camp
staffer, was charged with manslaughter and child abuse. The three men could
not be reached for comment Wednesday. A spokeswoman for the Utah hospital
that employs Hooker said he remains in good standing on the medical staff,
but she said the hospital would investigate the charges. Community Education
Centers issued this statement: “CEC stands by its position that at all times
the company acted appropriately and that the circumstances that lead to Caleb
Jensen’s death, while tragic, were not reasonably foreseeable.” The
indictments offered a rare moment of vindication for child-safety advocates.
Isabelle Zehnder, who runs the Coalition Against Institutionalized Child
Abuse, said that institutions and employees rarely face criminal charges
after children die or suffer abuse in custody. The public agencies and
private companies that provide care for troubled kids are often the last
resort for parents, social services and judges. Their methods are often meant
to be tough, and when things go wrong, agencies say they were simply acting
in the name of treatment, Zehnder said. “You don’t know how many cases we
have where everybody walks,” she said. “And then to have this — it’s
amazing.” Jensen’s mother welcomed the indictments, but said the pain of her
son’s death couldn’t be balmed by the justice
system. Months pass, things get better, but then she’ll chance upon a
children’s book Caleb once loved, and confront a wall of memories and hurt.
“I still battle,” she said. “I don’t know how to tell myself, ‘You just have
to understand that you’re not going to have Caleb back.’ I want him back so
much, it hurts. It’s not easier or better. Somehow we find a way to get
through every day.”
July 15, 2008 Montrose Daily Press
More than one year after Caleb Jensen died while under the care of
Alternative Youth Adventures, the organization, its parent company and three
people have been indicted. Jensen, 15, of Utah, had been placed into the
outdoor wilderness therapy program for at-risk youths. He was on an outing in
rural Montrose County last May when he developed a staph infection and died.
The Colorado human services department said previously the infection produced
observable symptoms, which the department accused AYA staff of neglecting.
AYA’s parent company, Community Education Centers Inc., said Jensen’s death
was tragic and the underlying cause was undetectable. On Tuesday, a Montrose
grand jury handed down indictments alleging criminally negligent homicide,
child abuse resulting in death, and manslaughter. According to a press
release from the district attorney’s office, the indictments name AYA, CEC;
Dr. Keith Hooker, and AYA employees James Omer and Ben Askins. The indictments
have been sealed for now. “The grand jury was able to reach a decision they
felt comfortable with,” District Attorney Myrl Serra said. “Those indictments
have been sealed until the summons can go out and those charged have notice
of what they’ve been charged with.” Community Education Centers Inc.; AYA;
Hooker and Omer were all charged with the felony-3 offense of child abuse
resulting in death and the felony-5 offense of criminally negligent homicide.
Askins was charged with felony-3 child abuse resulting in death and
manslaughter as a class-4 felony. Penalties upon conviction of the charges in
the indictments range from one to 12 years in prison, with fines of up to
$750,000. All indicted parties are due in court at 9 a.m. Aug. 25. “Community
Education Centers stands by its position that at all times, the company acted
appropriately and that the circumstances that led to Caleb Jensen’s death,
while tragic, were not reasonably foreseeable,” Christopher Greeder, public relations manager for Community Education
Centers, said in a written statement. Jensen’s family could not be reached
for comment Tuesday. AYA and New Jersey-based Community Education Centers
came under investigation by the Colorado Department of Health and Human
Services, Colorado Attorney General’s office and the local Seventh Judicial
District soon after Jensen’s death. The company consistently denied
negligence. AYA’s licenses for residential and therapeutical
childcare in Colorado were suspended within a week of Jensen’s death.
Initially, Community Education Centers planned to contest suspension, but
voluntarily surrendered its licenses last July, as a “business decision,”
without admitting wrongdoing. The company at the time also said it’d decided
before Jensen’s death to sell the Montrose facility.
May 11,
2007 Denver Post
State health authorities have shut down a wilderness youth camp in
Montrose County after a 15-year-old Utah boy died there last week of an
untreated staph infection. The Colorado Department of Health and Human
Services suspended the license of Alternative Youth Adventures on Wednesday.
The 26 at-risk youths in the program were moved from the remote camp in
Montrose County to corrections or human service agencies in Grand Junction
and Denver on Wednesday and Thursday. "We believe we have reasonable
grounds to believe the camp presents a substantial danger to public health,
safety and welfare," said Liz McDonough, a spokeswoman for the
Department of Health and Human Services. McDonough said she did not know how
Caleb Jensen contracted a methicillin- resistant staphylococcus aureus
infection. She said he reported symptoms to the adult camp leaders. "We
are at a loss to see how this was preventable. ... It was something the staff
just could not tell was there," said Bill Palatucci, a spokesman for
Community Education Centers Inc., the Roseland, N.J., company that operates
the wilderness camp and five other rehabilitation-type programs in Colorado
as well as programs in six other states. "From what we know, the staff
acted appropriately, in line with their track record." The type of
bacterial staph infection Jen- sen died from most
commonly occurs in hospitals and usually affects the elderly and very ill or
others with compromised immune systems. It most commonly develops in an open
wound. In minor cases, the infection causes pimples or boils. In serious
cases, the infection can lead to fever, pneumonia, toxic shock syndrome and
death. Jensen died the afternoon of May 2 in a camp in a remote part of
Montrose County just over the Mesa County line. Counselors reportedly tried
to revive the boy, who had been at the camp for a month. He was placed in the
program for two months by the Utah Division of Juvenile Services. A website
for Community Education Centers describes the camp as incorporating
"education, conservation practices, work projects in national forests,
rigorous physical activity, substance abuse treatment and detailed aftercare
planning." Dan Robinson, director of the Grand Mesa Youth Services
program in Grand Junction, said his facility has used the camp for years and
has not had problems with it. McDonough said her department had previous
issues with youths who suffered frostbite at the camp. Last year, six youths
walked away from Alternative Youth Adventure camps in Montrose and San Miguel
counties. All were eventually located.
May 3,
2007 Rocky Mountain News
A 15-year-old Utah boy died during a backcountry outing with a youth program
on the Uncompahgre Plateau of natural causes, authorities said today. The
teenager, whose name was not immediately released, was part of Alternative
Youth Adventures, a Montrose care facility that treats at- risk juveniles
through education, counseling and work projects in national forests. Dr. Rob
Kurtzman, chief deputy coroner in Mesa County, said he'll conduct further
tests to determine the precise cause of death. "It's sudden and
tragic," said Bill Palatucci, senior vice president of Community
Education Centers, the parent company of Alternative Youth Adventures.
"It may have been a previously undetected underlying medical
condition." Palatucci said the boy had been referred to the AYA program
by the Utah Division of Juvenile Justice Services. He declined to release the
boy's name, citing federal privacy regulations. The boy died Wednesday afternoon.
Authorities received a 911 call about 3 p.m. saying he was not breathing, but
the boy was dead by the time rescue personnel reached the remote site
southwest of Grand Junction near the Mesa-Montrose county line.
Cornell
Community Corrections Center
Salt Lake City, Utah
Cornell
June 16, 2008 Deseret News
A federal judge has ordered the dismissal of a sexual misconduct charge
against a former employee of a contracted federal halfway house, who was
accused of having an affair with an inmate, becoming pregnant. In a ruling
issued last Friday, U.S. District Judge Dale Kimball said federal prosecutors
had insufficient evidence to show that Ashley Ford committed sexual
misconduct when she had sexual relations with an inmate, because the sexual
relations took place outside of the halfway house and while Ford was off
duty. According to court documents, Ford was hired at the Cornell Community
Corrections Center in Salt Lake City as a staff monitor in November 2006. The
facility houses inmates who can leave the facility during the day to work and
then return in the evening to sleep. About a month before she was hired, Ford
met inmate Nathan Coccimiglio at a party and was
later put in a supervisory position over Coccimiglio
at CCC. Records also state that while working at CCC, Ford and Coccimiglio became sexually involved, but that the couple
met at Ford's apartment while Coccimiglio was on
work release and she was off duty. The record also states Ford became
pregnant at the time. Ford argued that she did not have custodial,
supervisory or disciplinary authority over Coccimiglio
when they were engaged in intimate relations. "There is no evidence that
Ms. Ford's conduct occurred 'in' the Cornell facility," Kimball wrote.
While the court recognized that there were a variety of reasons to forbid a
corrections officer from engaging in sexual conduct with someone in custody,
the federal law simply does not prohibit the conduct which took place in
Ford's apartment, Kimball added. Ford is one of three CCC employees who have
been charged in the past year with alleged misconduct. Two male employees,
William Lynn Appawora and Larry Lee Jensen, were
both charged with misconduct and sentenced to terms in federal prison. Both
men admitted to altering urine drug tests for inmates at the 99-bed facility.
Jensen admitted to using his own urine for an inmate's test in exchange for
$40. He would also provide advance notice of drug tests and outside visits in
exchange for sexual favors from inmates. Appawora
was sentenced to 21 months in prison. Jensen was sentenced to 27 months but
appealed his sentence. The 10th Circuit Court of Appeals rejected Jensen's
claims and had upheld his sentence as appropriate.
September
20, 2007 Salt Lake City Tribune
The inmates at a halfway house in Salt Lake County knew that a sexual
favor or a few dollars slipped to monitor Larry Lee Jensen could allow them
to break the rules or keep them out of trouble if they had been drinking or
using drugs. For $50, four inmates of Cornell Community Corrections Center were
allowed to leave the facility one night to have sex, the 10th U.S. Circuit
Court of Appeals stated. The Denver-based court also said another inmate got
notice from Jensen of urinalysis test dates in exchange for naked pictures of
her boyfriend. And those actions, along with numerous other incidents,
supported an enhanced prison term of 27 months, the 10th Circuit said Tuesday
in upholding Jensen's sentence for altering a record in a federal
investigation. The punishment was imposed in April by U.S. District Judge J.
Thomas Greene, who determined that Jensen had enabled numerous residents at
the halfway house to violate the institution's rules. Greene wrote that
Jensen's willingness to give advance notice of urinalysis dates or provide
them with his own urine samples "became known to every inmate in the
place." Jensen, 38, had argued that his offense of falsifying a record
and his other conduct did not call for the enhancement under federal
sentencing guidelines. However, the 10th Circuit said Greene's "uncontroverted"
finding of "extreme and repetitive conduct" showed that Jensen's
crime was far from an isolated occurrence and upheld the enhancement. Cornell
Community Corrections is a private company that contracts with the government
to house inmates after their release from federal prisons. In 2006, the FBI
began investigating allegations of illegal activities by employees in Salt
Lake County. According to the 10th Circuit, Jensen admitted taking $40 on
April 19, 2006, to urinate into a specimen cup and falsely writing in
official paperwork that the inmate had provided the sample in his presence.
The appeals court decision said Jensen also admitted in an interview with FBI
agents to: * Allowing a male resident, in exchange for a sexual favor, to
visit a female resident in violation of center rules. * Providing two
residents with advance notice of pending urine submission dates in exchange
for the pair agreeing to be photographed in the nude. * Failing to record
positive breath tests for certain residents. * Allowing two male residents
and two female residents, for $50, to leave the facility during the night so
they could have sex. Under a plea deal, Jensen pleaded guilty to one count of
falsification of a record in a federal investigation. Another monitor, William
Lynn Appawora, admitted to damaging the seal on a
urinalysis sample in exchange for $40 so it would not be tested. He was
sentenced to 21 months behind bars and did not appeal.
April 6,
2007 Salt Lake City Tribune
A former worker at Cornell Community Corrections Center, a halfway house
in Utah for federal inmates, has been sentenced to 27 months in prison for
tampering with a urine-test record. Larry Lee Jensen, 38, admitted that he
urinated into a specimen cup for a center resident and filled out paperwork
saying he had witnessed the inmate providing the sample. The sentence was
imposed March 28 by U.S. District Judge J. Thomas Greene.
September
11, 2006 Deseret News
Two employees of a contract federal halfway house have been indicted in the
destruction and falsification of urine records of federal inmates. According
to federal prosecutors, Lynn Appawora, 37, and
Larry Lee Jensen, 38, face up to 20 years in federal prison for destruction,
alteration or falsification of a record in a federal investigation.
Specifically, federal prosecutors say while the two worked as monitors for
the Cornell Community Corrections Center in Salt Lake City they altered drug
urine records for federal inmates. The center contracts with the U.S. Bureau
of Prisons.
September
6, 2006 Salt Lake Tribune
An investigation into possible corruption at a Salt Lake City corrections
center for federal inmates has resulted in an indictment against two
employees there. William Lynn Appawora, 37, and
Larry Lee Jensen, both of Salt Lake City, were indicted Friday on one count
each of destruction, alteration or falsification of a record in a federal
investigation. The two, who are accused of tampering with records of urine
tests, face up to 20 years in prison and a $250,000 fine, if convicted. The
probe targeted Cornell Community Corrections Center, a private corporation
that contracts to house inmates after they are released from federal prisons
outside of Utah. The center also provides services for prisoners who are on
federal probation or who have been released from custody pending trial on
federal charges. The investigation, which began several months ago, is
ongoing, according to the U.S. Attorney's Office.
Diamond Ranch Academy, Utah
Dec 8, 2014 courthousenews.com
SALT LAKE CITY (CN) - A private prison
that calls itself an academy locked up teenagers, "sadistically and
verbally" beat them down, and forced them to go barefoot in winter, four
teens claim in court. Tyler Weber, Tracy Sarno,
Janet Yelding and Janaye
Kearns sued Diamond Ranch Academy on Dec. 3, in Federal Court. They claim
that Diamond Ranch, a self-styled "troubled teen" boarding, reform
and alternative school, promised them a "supportive, safe, healthy,
camp-like setting with regular and productive therapy/counseling." Weber
and Kearns separately attended Diamond Ranch. Sarno's
and Yelding's experiences are not detailed in the
lawsuit. Weber and Kearns say they were forced to work in 100-degree weather
without protection and insufficient water, deprived of shoes and sufficient
clothing in winter, and repeatedly ordered to dig deep holes and refill them.
They claim they were kept awake until midnight and made to get up at 4:30
a.m., tackled and sat on by staff "for punishment for some perceived
slight," and made to sit facing walls "for any reason or no
reason." "The staff sadistically and verbally beat down everyone,
and the bullying was excessive," the 20-page complaint states.
"Groups of captives were pitted against other groups for the amusement
of staff. Although some staff members were more kind and helpful and willing
to become friendly, they never mustered the courage to correct the sadistic
staff members who enjoyed wielding the power over Mark and Devin, along with
all of the others." Parties
listed in the complaint do not include a Mark or a Devin. "At Diamond
Ranch Academy, there was no forum for complaint, explanation, appeal, or
grievance against the placement, before, during, or after it occurred,"
the complaint states. "The only option available to the hapless youth
there confined was to 'fake it in order to make it,' for Diamond Ranch
Academy is a lock down, closely guarded private prison, where punishments are
harsh for any rule infraction, real or instigated by the Diamond Ranch
Academy staff for their amusement." The plaintiffs say Diamond Ranch's
"extravagant fees fraudulently suggest great expertise and cloak its
staff's minimal credentials and multiple mistakes. A website from
"Diamond Ranch Academy Survivors" (www.drasurvivors.com) harshly criticizes
the place. For example: "Diamond Ranch Academy is not a legitimate
treatment facility and their methods are unethical, illegal and abusive.
Please, do not send your child to Diamond Ranch Academy." The site calls
the "therapeutic" treatment program, based in Hurricane, Utah,
"The Devil's Ranch," adding "Out in the middle of nowhere ...
hot, desolate and miserable."The school did not respond to a request for
comment. Diamond Ranch states on its website: "Our students become their
best selves in a structured elite private school environment with a
personalized therapeutic approach." The plaintiffs seek punitive damages
for fraud, false imprisonment and child abuse. They are represented by Thomas
Burton.
Grantsville
Grantsville, Utah
Cornell
August
1, 2002 The prison population in Utah declined 5.2 percent last year. That
was second only to New Jersey, where the population dropped 5.5 percent. This
is good news any way you look at it, but it also ought to make Utahns heave a
big sigh of relief. Think what would have happened if the state had gone
ahead with plans to contract with a private company to build and operate a
full-fledged state prison. That was the plan, up until two years ago this
month. It had progressed so far that the city of Grantsville extended a
waterline to the proposed prison site and a private contractor incurred some
costs. Thus was the state, and its taxpayers, saved
from what could have been a disaster. What might have happened? Take a look
at what is happening in Mississippi. Last year, the Wall Street Journal
reported on how the Mississippi Legislature had agreed to pay a private
prison company for housing approximately 900 inmates regardless of whether
those inmates actually existed. Lawmakers had, in effect, agreed to pay full
price for empty cells. It was either that or go round
up a bunch of innocent people on trumped up charges. To put it bluntly, when
a state decides to privatize prisons, it creates a new set of special
interests. Crime is down and prisons are going empty. That's a good thing. It
should never become a burden for taxpayers. (Desert News.com)
June 21,
2001
Legislators have endorsed a $1.5 million settlement to avoid being sued by a
private corrections company over the state's abandonment of plans for a
private prison in Tooele County. "We warned lawmakers, "said Steve
Erickson, co-founder of Utah Citizens Education Project. "Heading down
the private prison path was buying a pig in a poke. Turns out it was
all pig and no pokey." The $1.5 million figure is roughly $2 million
less than Cornell and its subcontractors, VCBO Architects and Hogan
Construction, said they were owed. For its money, Utah will receive
architectural plans that are three-quarters complete, but in all probability
worthless, Erickson said. (AP)
June 20, 2001
Legislators are scheduled to vote today on a $1.5 million settlement with the
Cornell Corrections Corp. The deal stems from the Utah Department of
Corrections' decision to cancel a privatized prison project with Cornell last
year to run a 500-bed private prison near Grantsville. If the
settlement is approved, the state would pay Cornell roughly $875,000 more,
having already paid about $675,000. (The Salt Lake Tribune)
March 31, 2001
Utah's aborted courtship of the private corrections industry could cost the
state roughly $1 million, according to preliminary figures released this week
by state risk managers. The Department of Administration Services was
near a settlement Tuesday on claims from Hogan Construction and Houston-based
Cornell Corrections, which was selected in 1999 to build a 500-bed
medium-security prison in Grantsville before the Legislature withdrew
financial support for the proposal. More troubling is the $872,000 Utah
is prepared to pay Cornell and its contractors for plans that never reached
fruition. While Cornell complained last year that the company should be
compensated for preparation costs, it is not clear the company did anything
more than negotiate for the prison contract ( as did
three other companies vying for the prison) and acquire an option to buy
property. ( The Salt Lake Tribune)
Maximum Life Skills Academy
Cedar, Utah
March 11, 2004
A
counselor at a home for troubled teens died tonight, hours after two of those
teens apparently beat him with a baseball bat. Sam Penrod,
this sounds like a horrible attack. The 31- year old victim was airlifted
here to LDS Hospital in extremely critical condition. He died
tonight, after what police call a vicious attack. Cedar City police were
called to this group home around midnight. They found
Anson Arnette of Cedar City with severe head
injuries. The Maximum Life Skills Academy in
Cedar City houses six boys-- it's a private program that's suppose to help
troubled teens turn their lives around. Police say
two 17- year old boys, Jesse Simmons and Sean Graham snuck up on the
counselor and hit him at least twice with a baseball bat. (tv.ksl.com)
Management and Training Corporation, Ogden,
Utah
Immigrants
prove big business for prison companies: August 2, 2012 By LAURA WIDES-MUNOZ
and GARANCE BURKE Associated Press. Must read on immigration $$$.
MDOC
Sticks with Private Prisons: Jackson Free Press, June 13,
2012. MDOC chooses MTC to take over where GEO failed. What are they smoking?
Top Ten Industry Lies: Cell
Out Arizona, August 22, 2011
2010
escape at Kingman an issue for MTC’s bid: August 11, 2011, Bob Ortega, The Arizona
Republic. Expose on MTC
Rachel Maddow kicks butt http://www.msnbc.msn.com/id/26315908/vp/38685023#38685023
August 19, 2012 Union Leader
Three out-of-state companies vying to build a new men’s prison in New
Hampshire have paid more than $130,000 in lobbyist fees to three Concord
firms to win support for their proposal, according to state records.
Corrections Corporation of America, based in Nashville, Tenn., outpaced its
rivals, providing more than $101,000 to the Rath,
Young and Pignatelli law firm since 2011, according to a New Hampshire Sunday
News review of lobbyist income and expense reports. “Generally speaking,
because governments are our partners, we obviously educate through government
relations,” CCA spokesman Mike Machak said in an
email. “It’s how we transparently share information about the services and
solutions we provide and make sure we’re up to date on any specific needs
they may have.” The law firm, which includes a section devoted to government
relations, reported it spent all $101,729.85 it collected in lobbying fees
from CCA since 2011. State law requires lobbyists to submit certain financial
information regarding its clients. According to paperwork lobbyists must
submit to the Secretary of State’s Office, lobbyists are required to report
all fees “that are related, directly or indirectly, to lobbying, including
fees for services such as public advocacy, government relations, or public
relations services including research, monitoring legislation, and related
legal work.” David Collins, director of government relations at the Concord
law firm, deferred questions to CCA, which declined to talk specifically
about its lobbying efforts in New Hampshire. William McGonagle,
the state’s assistant corrections commissioner, said he’s aware of the
lobbyists, but said the process for reviewing proposals is private at this
point. “They’re out there,” McGonagle said. “I know
they’re out there talking with legislators and the like.” The Legislature
would need to approve funding any new prison received, he said. Fran Wendelboe, a former legislator and current registered
lobbyist not involved in the prison proposals, said lobbyists can prove to be
powerful forces. “On many occasions, they write the ... legislation,” Wendelboe said. “The lobbyists are considered the expert
or who they represent are considered the experts.” Four companies submitted
proposals — some topping $100 million — to build the prison. Some call for a
privately run prison while others allow for the state to run it. Three state
evaluation teams are privately reviewing the proposals. A recommendation is
expected to reach the governor’s office and the state departments of
corrections and administrative services in October, McGonagle
said. Bruce Berke, a lobbyist with the Sheehan
Phinney Capitol Group that represents Management & Training Corp.,
confirmed the receipt of $24,000 in fees, but referred further questions to
his client. Issa Arnita, director of communications for the Centerville,
Utah-based company, said in an email: “At times we hire lobbyists to educate
various groups on the benefits of public/private partnerships in corrections.
“We are participating in the competitive bid process, and we look forward to
a decision by the state of New Hampshire,” Issa wrote. Berke’s
firm on its website says its lobbyists “utilize their knowledge of the
legislative and regulatory process and their long-term, trusted relationships
with decision makers to achieve their clients’ goals.” Management &
Training Corp.’s proposal included building a prison on Hackett Hill in
Manchester. A third firm, The GEO Group of Boca Raton, Fla., paid at least
$10,000 to Dennehy & Bouley. Lobbyist Jim Bouley couldn’t be reached for
comment, but GEO Group spokesman Pablo Paez said in
an email: “Since the procurement in New Hampshire is ongoing, it wouldn’t be
appropriate for us to comment on our proposal or the process. “Our company
participates in the political process in states across the country, including
New Hampshire, . . . as do a variety of organizations, including private
corporations and organized labor organizations, through lobbyist
representation and contributions to political candidates and parties who
support different public policy viewpoints.” One company, NH Hunt Justice
Group, has not hired any lobbyists. “We don’t see a need to lobby,” said
Buddy Johns, president of CGL, an affiliate of the Hunt Companies, a Texas
construction firm. Hunt Companies and LaSalle Corrections, a prison operator
also based in Texas, have formed the NH Hunt Justice Group, which lists its
home office in El Paso, Texas. He said the procurement process appeared
straight forward. “Some people use outside services to make their point,”
Johns said in a phone interview from Mexico. “I think we believe we’re the
experts in what we do, and we’re best to make that point.” Johns has said his
company proposed building a new prison next to the existing men’s prison in
Concord. LaSalle Corrections, based in Texas, would manage the prison if the
state didn’t. CCA, which declined to discuss its specific lobbying efforts in
New Hampshire, met earlier this year with Lancaster community leaders to let
them know they were one of at least three communities being considered to
host a possible prison costing $100 million to $120 million. Northumberland
and Hinsdale were the others, according to Lancaster’s town manager. McGonagle said he “wouldn’t be surprised” if the
Legislature forms a committee to study the state prisons. If the governor and
Executive Council approved a contract, the Legislature would need to weigh in
on the financial implication on the state budget, he said. Wendelboe said lobbying money in general could be spent
on research, campaign donations or hosting events for legislators. McGonagle said he has talked with lobbyists about general
issues.
December 8, 2011 KRGV
The backpay that is supposed to go to some current and former prison
employees in Willacy County comes to $23 million, but there is a major
problem. The Willacy County judge says the feds are dragging their feet.
About 1,700 current and former prison employees have waited as much as five
years for that money owed by ICE. Many of them will continue to wait. Willacy
County Judge John Gonzales says the money was handed over on time. The checks
are ready to go. The Department of Labor brokered the backpay deal. It
required MTC, the company that manages ICE's detention center, to re-enter
all former employees into its database. That's how the taxes were calculated.
That part is done. Employees still working for MTC will get their check this
month as part of payroll. The holdup comes by way of the next step. The feds
are requiring the money owed to former employees be sent directly to the
Department of Labor by Dec. 13. Even though the checks are ready to go, the
feds have not announced when they will dish out the dough. Willacy County's
judge says that's not good enough. Gonzalez attended a meeting with U.S.
Sens. Kay Bailey Hutchinson and John Cornyn as well as U.S. Congressman Blake
Farenthold. They say they will pressure the Department of Labor on Friday to
offer up a date. If one doesn't come by Monday morning, the group will jump
on a plane and head to Washington, D.C., where they will demand a deadline.
November 10, 2011 KRGV
People who work or worked for the ICE detention center in Willacy County are
finally getting money owed to them. Current and former employees will be paid
$23 million. Willacy County settled with the feds and Management Training
Corp., the operator of the private prison. The original contract didn't
mention employee wage information. The contract was amended in 2007 to
include that information. As a result, Willacy County fought to get back
wages for employees. Checks will start going out in early December.
August 17, 2011 ABC 15
Family members of a couple allegedly murdered by two Arizona prison escapees
are speaking out against a proposed prison. The Haas family is on a mission
that they never wanted, but feel they need pursue. “It’s something you think
about everyday,” said Linda Haas Rook. Rook’s
brother Gary Haas and his wife Linda were murdered last year. Investigators
believe the killers are two men who escaped from a prison in Kingman just
days earlier. The Kingman prison is operated by the Management and Training
Corporation, which now has hopes to build prisons in San Luis and Coolidge.
The Haas family hopes to prevent the company from doing so. Linda Rook
planned to travel more than 1,400 miles with her husband and her mother to
the public hearing Tuesday night in San Luis to voice her concerns. “[MTC]
needs to right their wrongs,” she told ABC15 from her stopover in Scottsdale.
MTC has made several security upgrades to their facility in Kingman, and a
spokesperson said the company has a great track record with the state. If MTC
is approved to build the new prison, the company stated it plans to bring
about 500 jobs to the San Luis area.
January 3, 2011 The Daily News
The operators of a privately run prison near Kingman have reimbursed Mohave
County for the capture of three inmates who escaped from the prison in July.
Management and Training Corporation reimbursed the county Nov. 14 about
$23,587 for costs associated with the capture of Tracy Alan Province, John
Charles McCluskey and Casslyn Mae Welch. Province,
McCluskey and Daniel Kelly Renwick escaped from the state prison July 30 with
the help from Welch. MTC will reimburse the county for additional costs once
Renwick’s case in Colorado is resolved and returned to the county, Deputy County
Manager Dana Hlavac said. The cost does not include
the cost to prosecute and defend the inmates along with the cost to
incarcerate the inmates and court costs to try the suspects. Those costs will
not be known until the cases are resolved. Those costs are paid through the
county’s general fund, Hlavac said.
October 31, 2010 Joplin Globe Sun
A Joplin woman is among the relatives of an Oklahoma couple, allegedly slain
by two escaped prisoners from Arizona and an accomplice, who are seeking $40
million in damages, according to notice of claim letters the family’s
attorneys have mailed to Arizona Gov. Jan Brewer and other officials in that
state. Letters sent last week by attorneys for the relatives of Gary and
Linda Haas, of Tecumseh, Okla., allege that their Aug. 2 deaths in New Mexico
were the result of “a long series of egregious errors and omissions of gross
negligence” by the Arizona Department of Corrections and officials at the
Arizona State Prison at Kingman, where the inmates escaped July 30. The Haases, who grew up in McDonald County, had been planning
to return to Southwest City, where they had property, after losing their jobs
in Oklahoma when a GM plant shut down, Linda Rook told the Globe after their
deaths. Rook, of Joplin, is a surviving sister of Gary Haas. In August, the
couple were heading out west on a camping trip when they were abducted and
killed. ‘Slipshod security’ -- The attorneys’ letters allege that Arizona
corrections officials and the prison’s private operator, Utah-based Management
and Training Corp., “set the stage for and permitted the careless and
slipshod security environment” at the prison that allowed the inmates to
escape and allegedly kidnap and kill the victims. MTC is liable for punitive
damages in the case, according to notice of claim letters sent to company
officials. The notice of claim letters were mailed
on behalf of the Haases’ daughter, Cathy Byus, and the mother, sister and two brothers of Linda
Haas. Their attorney, Jacob Diesselhorst, said
Thursday that the claim letters are required before a wrongful-death lawsuit
can be filed against the state. Diesselhorst said
Arizona officials have 60 days to respond. Contacted over the weekend, Rook
declined to comment and referred questions to a Joplin lawyer, John Dolence, who is representing her in the matter. The
Globe’s efforts to reach Dolence on Sunday
afternoon were unsuccessful. A spokesman for Gov. Brewer, Paul Senseman, did not immediately return a call seeking
comment. A spokesman for MTC, Carl Stuart, said the company does not comment
on pending litigation.
September 14, 2010 Courthouse News
The Arizona prison breakout that led to the killing of two campers was caused
by "lax procedures and incompetent management" of the private
prison operator in Kingman, the mother of one of the victims says. Vivian
Haas, whose son, Gary and his wife were shot to death, claims that Management
and Training Corp. admitted in an Aug. 13 letter its responsibility for the
escapes, and that the circumstances "were shocking and egregious."
Haas claims that one of the escaped inmates, John McCluskey, killed her son
and his wife in New Mexico in the days after the escape. Haas says the
private prison operator "had duties to protect the general public in
employing proper incarceration policies and procedures to assure that violent
offenders stayed locked up and away from the general public." McCluskey
was sentenced to 15 years in 2009 for attempted second-degree murder,
aggravated assault, and discharge of a firearm, and was sent to the private
prison, according to the complaint. His fellow escapee Tracy Province was
sentenced in 2009 for murder and robbery, and escapee Daniel Renwick was
sentenced to two 22-year sentences for second-degree murder, the complaint
states. On July 30, McCluskey, Province, and Renwick escaped from the Kingman
prison through a door wedged open by a rock, "climbing one improperly
protected fence, hiding behind an inappropriate building in 'no-man's land,'
and cutting through the wire of a second chain link fence," according to
the complaint. Haas says that Management and Training Corp.'s officers failed
to check an alarm that sounded when the men cut through one of two security
fences surrounding the prison. She says the alarm system set off false alarms
so often that the guards ignored them. Haas adds that the "perimeter
fencing was substandard," and that patrols of the perimeter "were
scattershot at best." Light poles around the prison were routinely
burned out, and "intrusions by outsiders near the fence perimeters were
common." On Aug. 2, McCluskey and Province, allegedly with help from Casslyn M. Welch, "confronted" Gary and Linda
Haas while they were "in or near their pickup truck towing a camping
trailer." Gary and Linda Haas were traveling from Oklahoma to Colorado.
McCluskey and Province ordered Gary and Linda Haas into the truck, and forced
Gary to drive to the west, his mother says. McCluskey directed Gary to leave
the highway and drive to a secluded area, then took the couple into the
camping trailer and "brutally shot them, killing each of them,"
Haas says. McCluskey, Province, and Welch then allegedly drove the camper on
the highway until they noticed blood leaking out of the trailer door. The
escapees and accomplice "drove to a remote location, disconnected the
trailer and intentionally set fire to the trailer with the bodies of Gary and
Linda Haas still inside," according to the complaint. Haas says the
escapees abandoned the stolen truck in Albuquerque. Province was captured on
Aug. 9 in Meeteetse, Wyo. McCluskey and Welch were captured on Aug. 19 in the
Apache-Sitgreaves National Forest. On March 22,
2004, the Arizona Department of Corrections awarded a contract to Management
and Training Corp. to operate the private prison which was "designed and
constructed for 1,100 minimum security beds and 300 medium security beds to
house DUI inmates," according to the complaint. Haas seeks punitive
damages for negligence and recklessness. She is represented by Christopher Zachar.
August 25, 2010 Private Corrections
Working Group
Today, the Private Corrections Working Group (PCWG), a not-for-profit
organization that exposes the problems of and educates the public about
for-profit private corrections, called for overhaul of the Arizona Department
of Corrections’ (ADOC) oversight of the for-profit prison industry,
including: • An immediate halt to all bidding processes involving private
prison operators and a moratorium on new private prison beds • Hold public
hearings during the special session to address the problems with for-profit
prisons in Arizona • Enact other cost-cutting measures that not only save
money but enhance public safety, like earned release credits, amending truth
in sentencing, and restoring judicial discretion. This action came about
after the ADOC released a security audit on August 19th concerning the July
30 escape of three dangerous prisoners from a private prison in Kingman
operated by Management and Training Corp. (MTC) (Coincidentally, that same
day the last escapee and an accomplice, John McCluskey and Casslyn Mae Welch, were captured without incident at a
campground in eastern Arizona. The other two escaped prisoners, Tracy
Province and Daniel Renwick, had been caught previously in Wyoming and
Colorado). Ken Kopczynski, executive director of PCWG, condemned MTC for the
numerous security failures that led to the July 30 escape. “If MTC had
properly staffed the facility, properly trained their employees and properly
maintained security at the Kingman prison, this escape would not have occurred.
But because MTC is a private company that needs to generate profit, and
therefore cut costs related to staffing, training and security, three
dangerous inmates were able to escape and at least two innocent victims are
dead as a result,” Kopczynski observed. “That is part of the cost of prison
privatization that MTC and other private prison firms don’t want to talk
about.” The murders of an Oklahoma couple, Gary and Linda Hass, whose burned
bodies were found in New Mexico on August 4, were tied to McCluskey, Welch
and Province. While MTC said it took responsibility for the escape,
vice-president Odie Washington acknowledged the company could not prevent
future escapes. “Escapes occur at both public and private” prisons, he
stated, ignoring the fact that most secure facilities do not experience any
escapes – particularly escapes as preventable as the one at MTC’s Kingman
prison. According to the ADOC security audit, the prison’s perimeter fence
registered 89 alarms over a 16-hour period on the day the escape occurred,
most of them false. MTC staff failed to promptly check the alarms – sometimes
taking over an hour to respond – and light bulbs on a control panel that
showed the status of the perimeter fence were burned out. “The system was not
maintained or calibrated,” said ADOC Director Charles Ryan. Further, a
perimeter patrol post was not staffed by MTC, and according to a news report
from the Arizona Daily Star, “a door to a dormitory that was supposed to be
locked had been propped open with a rock, helping the inmates escape.”
Additionally, MTC officials did not promptly notify state corrections
officials following the escape and high staff turnover at the facility had
resulted in inexperienced employees who were ill-equipped to detect and
prevent the break-out. According to MTC warden Lori Lieder, 80 percent of
staff at the Kingman prison were new or newly promoted. Although the ADOC was
supposed to be monitoring its contract with MTC to house state prisoners, the
security flaws cited in the audit went undetected for years. Ryan faulted
human error and “serious security lapses” at the private prison. Arizona
corrections officials removed 148 state prisoners from the MTC facility after
the escape due to security concerns. “I lacked confidence in this company’s
ability,” said ADOC Director Ryan. Although it’s a small corporation, since
1995 over a dozen prisoners have escaped from MTC facilities in Utah,
Arizona, Texas, New Mexico and Eagle Mountain, California –where two inmates
were murdered during a riot in 2003.
August 23, 2010 Arizona Republic
After three violent criminals escaped from a private prison last month in
Kingman, state officials began asking why they had been assigned to a
medium-security facility. John McCluskey, Tracy Province and Daniel Renwick
escaped July 30 after an embarrassing series of security lapses at the
prison, operated by Utah-based Management and Training Corp. All three have
been captured, but their escape is likely to spur further discussion on how
to classify inmates' security risks and decide where to house them. Both
public and private prisons use the state's classification system, but the
Arizona Department of Corrections already has pulled some inmates from the
Kingman facility as it rethinks how it assigns risk. Arizona assigns inmates
a number from one to five, with five representing the highest risk, based on
their crimes. Depending on their score, inmates are assigned to one of four
custody levels: minimum, medium, close and maximum. Over time, an inmate's
classification can be adjusted up or down based on the inmate's behavior in
custody. The system works when used properly, said Tom Rosazza,
a consultant and former state corrections director. But the system can also
mean that more violent offenders can wind up in less-secure facilities
depending on their behavior. Although they were in a medium-security facility
at a private prison, McCluskey, Province and Renwick qualified as dangerous
offenders. Renwick was a convicted murderer. Province killed a man in 1991 by
stabbing him 51 times. McCluskey was sentenced in Arizona for attempted
murder and had a previous armed-robbery conviction in Pennsylvania. "My
first thought was, 'What the hell were those guys doing at that (Kingman)
place?' " Rosazza said. Their cases are not unique.
There are more than 1,400 inmates serving time for murder in medium-security
settings in Arizona, including 796 with life sentences. More than 100 were
housed at the prison near Kingman, the only private facility in Arizona to
house murderers. Province entered the prison system with a maximum
"five" rating when he reported to serve his life sentence in 1993
but was moved down to a "three," or medium security, by 1997.
Renwick followed a similar path through the system, while McCluskey entered
custody as a medium-security inmate for firing a shotgun into a Mesa home in
2009. Authorities allege the trio escaped with help from Casslyn
Welch, McCluskey's cousin and fiancee. The escapees
are believed to have cut their way through a fence. Alarms were ignored
because, according to state officials, prison guards thought they were false.
Renwick was recaptured Aug. 1 in Colorado after a shootout with police.
Province was caught Aug. 9 in Wyoming. McCluskey and Welch were caught
Thursday evening in Apache County and are suspected along with Province of
being involved in the murder of an elderly couple in New Mexico shortly after
the escape. Because of the three inmates' possible post-escape crimes, the
classification issue likely will come up in any future lawsuits against the
state or a prison operator, Rosazza said.
"That would be the first thing I'd look at," he said. Arizona
officials control what factors are used in determining prisoner
classifications and, based on those classifications, decide which facilities
prisoners are held in. Although the former fugitives escaped from a private
facility, the state will bear some liability in any court action because it
is responsible for prisoners sentenced in Arizona. "The state doesn't
contract away its responsibility," Rosazza
said.
August 20, 2010 Arizona Star
An executive with the firm that runs the private prison from which three
dangerous inmates escaped promised Thursday to beef up security but said
that's no guarantee it won't happen again. "Escapes occur at both public
and private," Odie Washington, a vice president of Management and
Training Corp., said while noting it's incumbent on the company and state to
do whatever is necessary to close those security gaps prisoners can take
advantage of. But a security review of the MTC-run prison near Kingman,
released Thursday, reveals that what Washington referred to as
"gaps" were more like chasms. As a result, State Corrections
Director Charles Ryan has ordered 150 of the highest-risk prisoners removed.
The report shows the prison perimeter-alarm system was essentially useless.
Bulbs showing the status of the fence were burned out on a control panel.
Guards were not patrolling the fence. And a door to a dormitory that was
supposed to be locked had been propped open with a rock, helping the inmates
escape. Washington, however, said that's not the fault of the corporation. He
said company employees at Kingman never told anyone at the corporate
headquarters about the problems. Ryan admitted his own audit team, which had
been to the prison before the July 30 escape, "didn't see or didn't
report" the shortcomings. All that is significant because the three
inmates escaped when an accomplice tossed them wire cutters and they made a
30-by-22-inch hole that went undetected for hours. Of particular concern to
Ryan is the fence. "What was found were excessive false alarms,"
Ryan disclosed, noting over 16 hours on July 30 there were 89 alarms.
"The system was not maintained or calibrated." The result, he said,
was employees were "desensitized" to the alarms going off, and it
took 11 to 73 minutes for staffers to check out problems and reset the
alarms. "That is absolutely unacceptable," he said. The last of the
three inmates, a convicted murderer, along with an accomplice, was recaptured
Thursday night. The other two were recaptured, but not before they were
linked to the deaths of an Oklahoma couple who were in New Mexico. "This
is a terrible tragedy, and the department and the contractor have a lot of
work to do," Ryan said. The findings prompted Ryan to put limits on what
kind of criminals can be housed at the facility. Until now, the 1,508-bed
medium-security section has included people convicted of murder. His order
removes, at least from Kingman, anyone convicted of first-degree murder,
anyone who attempted escape in the last decade and anyone with more than 20
years left on a sentence. All told, 148 inmates were taken from the facility.
But Ryan would not rule out allowing murderers back in the prison after he is
satisfied that security has been upgraded. He defended the classification
system that allows convicted murders - and even lifers - to serve their time
in medium-security prisons. Gov. Jan Brewer sidestepped questions about the
system, saying it was in place long before she became governor in January
2009. "It is something that maybe should be reviewed," the governor
said Thursday, but added, "That classification is used across
America." Ryan said he remains convinced there is a role for private prisons.
About 6,400 of the more than 40,000 people behind bars in Arizona are in
private prisons. Another 1,760 Arizona prisoners are at an out-of-state
facility. The Republican-controlled Legislature remains very much in favor of
private prisons, as does Brewer. That support hasn't wavered because of the
escape. Brewer said the report from Ryan underscores her belief the escape
was caused by human error, and nothing inherent in private prisons.
"It's very obvious those alarms should have been responded to," the
governor said. But the problems that Ryan sketched out go beyond the actions
- or inactions - of guards. Washington admitted there are "significant
construction issues" with the perimeter fence and the alarm system that
will have to be handled. And Ryan found flaws with the entire way MTC allowed
the facility to be operated. For example, he said no one was making regular
checks along the fence to look for breaches. And Ryan said guards were
"not effectively controlling inmate movements" within the prison
system. Other flaws included inmates not wearing required ID badges, grooming
requirements being ignored and proper searches of people going into the
facility not being done. Casslyn Welch, the woman
accused of providing the wire cutters and a vehicle, was banned from the prison
after she was caught trying to bring in drugs. But Ryan said prison officials
still allowed her to talk to inmates on the phone, making it possible for her
to help plan the breakout. Welch and John McCluskey, her fiancée and cousin,
were caught Thursday night in northeastern Arizona. Tracy Province and Daniel
Renwick have been recaptured. Another problem is that the design of the
prison allows anyone to drive up close to the facility. Corrections officials
want traffic routed away from the fence.
August 13, 2010 USA Today
An Arizona fugitive's accomplice was acting as a drug mule for a white
supremacy group and agreed to become a police informant weeks before she
helped him escape from prison, authorities said Friday. Casslyn
Welch, and her fiance and cousin John McCluskey,
are now considered among the most wanted fugitives in America after
authorities say Welch helped McCluskey and two other men escape from the
Arizona State Prison in Kingman by throwing wire cutters over a fence. Daniel
Renwick and Tracy Province have since been captured. Welch was visiting
McCluskey at the medium-security prison in June when a random search of Welch
and her vehicle turned up marijuana, heroin and drug paraphernalia, Mohave
County sheriff's spokeswoman Trish Carter said. Welch wasn't jailed because
she agreed to become an informant, and she provided information about the
suppliers of the drugs, Carter said. Welch told investigators she was being
paid by members or associates of supremacists to smuggle heroin into the prison
as she had successfully done three times before, but she declined to say who
the items were intended for at the prison. Fidencio
Rivera, chief deputy U.S. marshal for Arizona, said authorities believe Welch
and McCluskey have minimal ties to white supremacy groups in or out of
prisons and "we're not expending much resources on that right now."
Investigative efforts were focused Friday in Arkansas, where Welch has
family, and Montana, where the two were last seen Aug. 6, but Rivera said the
pair could be anywhere. They are financing their getaway by committing crimes
along the way and using their experience as long-haul truck drivers, Rivera
said. "Our stance is they're being very reactionary at this point and
time, playing off the cuff," he said. A reward of up to $35,000 is being
offered for information leading to their arrest. They are believed to be
traveling in a 1997 Nissan Sentra that is gold, gray or tan in color, and
authorities say that the two likely will become more dangerous as the manhunt
continues. Marshals are asking travelers at truck stops along highways and in
campgrounds across the nation to watch out for the couple, who may have dyed
their hair and otherwise changed their appearance. "We know they're out
there and they're committing crimes out there to get money," Rivera
said. "They have limited funds, they're sleeping in their car, they're
staying at rest stops, campsites. They're not using a whole lot of
money." Marshals and border officials in Montana are following up on
what leads they have, but there have been no developments in the past few
days, said Rod Ostermiller, Montana's acting U.S.
marshal. "At this point in time, just because of the time frame we're
working with, we're expanding way beyond Montana," Ostermiller
said Friday afternoon. Welch is facing a growing list of charges since the
July 31 escape, including kidnapping, armed robbery and aggravated assault.
She was charged last week with six counts of narcotics violations for the
drugs she's accused of bringing to the prison. Welch told investigators in
June that the marijuana belonged to her, Carter said, but she picked up what
she was told was heroin packaged in balloons from two men in Phoenix and was
paid $200 each time she smuggled it into the prison, according to police
records. On the night of the escape, Welch had packed a getaway car nearby
with cash, weapons and false identification, Rivera has said. But Renwick,
Province, McCluskey became disoriented and could not find the car after they
cut through the prison fence. The group split up, and Renwick found the
vehicle and drove off, leaving the other three to hijack a tractor-trailer
and head to Flagstaff. Renwick, who was serving time for second-degree
murder, was arrested after a shootout with law enforcement in Rifle, Colo.,
two days after the escape. The rest of the group was linked through forensic
evidence to the deaths of an Oklahoma couple whose bodies were found in their
charred camper in eastern New Mexico last week, authorities there said.
August 9, 2010 FOX
Questions surround the escape of three violent convicts from a prison in
Kingman, casting a shadow on Arizona's relationship with the private prison
industry. Officials are reviewing security measures at private prison
facilities, and are looking into the future of private prisons in our state.
"My concern about this has been the manner in which the facility was
operated. I do not believe that the physical plant itself from which these
inmates escaped was the issue, it is the performance of the staff that concerned
me," says Chuck Ryan, Arizona Department of Corrections Director. State
Attorney General Terry Goddard is calling for a break in new contracts with
private prison companies, until security issues can be ironed out and a
review of their relationship with the DOC is undertaken. "We have
basically turned a very significant direction in our state towards more and
more private prison operations without looking at the consequences. I'm
afraid those consequences have been put in very stark relief by the escape of
three violent prisoners," says Goddard. Ryan told us he's in the process
of reviewing his team's findings at the facility but offered no further
comment on what the future may hold for the state of Arizona and its
relationship with MTC. "Until we review their findings and their
recommendations it would be premature to comment further about that,"
says Ryan. Guards at private prisons do not carry weapons and are not trained
law enforcement officers. The three convicts escaped on July 30 -- one alarm
never sounded and it remains to be seen whether prison guards went to check
the second alarm. Prison staff didn't realize they were missing until a 9
p.m. head count, which was five hours after they were last accounted for. The
local sheriff's office wasn't alerted until more than an hour later, and
state corrections officials found out about the escape at 11:37 p.m. House
Democrats are calling for a special session to address security issues with
private prisons. The governor's office has not yet sent a comment.
August 4, 2010 AP
The three inmates didn't seem to arouse the least bit of suspicion when they
sneaked out of their dorm rooms and rushed to the perimeter of the
medium-security prison. Alarms that were supposed to go off didn't. No
officers noticed anything amiss. And no one was apparently paying attention
when the violent criminals sliced open fences with wire cutters and vanished
into the Arizona desert in their orange jumpsuits. The series of blunders
surrounding the escape and the state's practice of housing hardened murderers
and other violent criminals in private, medium-security prisons have placed
Arizona corrections officials under intense scrutiny in recent days. Two of
the fugitives remained at large Wednesday as the manhunt entered its fifth
day. Authorities believe the inmates have left Arizona and were heading east
with a girlfriend who allegedly threw the wire cutters over a fence and fled
with two of them. Arizona Department of Corrections Director Charles Ryan
said he met Wednesday with representatives of the Utah-based prison company
Management and Training Corp. and that they "have been assured that MTC
is committed to addressing and correcting the security deficiencies that
contributed to the escape." Ryan said a corrections security team at the
prison was completing a comprehensive evaluation, and he would meet with MTC
next week to finalize a plan. Investigators were focused on how the inmates
managed to go undetected for several hours around the time of the escape and
why three violent criminals were allowed in a medium-security prison in the
first place. An Arizona lawmaker said the state needs to overhaul its inmate
classification system, which allowed the prisoners to get put into the
medium-security lockup despite their violent pasts. Corrections officials
said their prison behavior was good enough that they downgraded the inmates'
threat risk, clearing the way for placement in the facility. "One thing
we might have to look at is saying if you're convicted of a crime that is as
serious as murder, that you are always considered a high risk," said
David Lujan, a state lawmaker who unsuccessfully sought to regulate the types
of inmates held in private prisons. "They may be a moderate risk to the
staff when they're inside. But when you see what happens outside afterward,
obviously, they're more than a moderate risk to the public." The Arizona
State Prison in Kingman sits amid nothing but a dusty field, three miles from
a major east-west interstate highway. It opened in 2004 and was designed to
house repeat drug and alcohol offenders and set them on a path to
rehabilitation, but eventually grew to include more serious offenders in a
separate unit. That was where Daniel Renwick, 36, Tracy Province, 42, and
John McCluskey, 45, plotted their escape. Province was serving a life
sentence for murder and robbery, including allegations that he stabbed his
victim multiple times over money. Renwick was serving two 22-year sentences
for two counts of second-degree murder, and McCluskey was doing 15 years for
attempted murder, aggravated assault and discharge of a firearm. Authorities
originally said McCluskey was convicted of murder, when it was in fact
attempted murder. Province has a dozen prison disciplinary infractions since
1996 — many of them drug-related. He worked in the prison's kitchen, while
Province and McCluskey worked in the prison dog kennel, where they trained
the animals for adoption. The trio last was accounted for at 4 p.m. Friday,
said Department of Corrections spokesman Barrett Marson. Staff noticed the
men missing in a head count and after electronic sensors along the perimeter
fence sounded around 9 p.m. The local sheriff's office wasn't notified of the
escape until 10:19 p.m., and state corrections officials weren't called until
11:37 p.m. "I think there was a concern by everyone that it was after
the fact," said Trish Carter, a spokeswoman for the Mohave County
Sheriff's Office. "Time is of the essence during this type of incident.
The faster you get there, the more likely you're able to catch these inmates
who escaped the facility." The three hopped a fence in the area of the
dog kennel and used wire cutters that McCluskey's fiancee,
who also is his cousin, had thrown over a fence to cut through two perimeter
fences and flee. Carl Stuart, a spokesman for MTC, indicated that the dog
program might have to be suspended because of the incident. He declined to
comment further on security at the 3,508-bed prison. Province, McCluskey and
his fiancee, 44-year-old Casslyn
Mae Welch of Mesa, kidnapped two semi-truck drivers at gunpoint in Kingman
and used the big rig to flee to Flagstaff, police said. Renwick was captured
Sunday after an early morning shootout with an officer in Colorado. Ryan has
said "lax" security may have created an opportunity for the men to
escape, and authorities are looking into whether prison staff members might
have aided the inmates. Ryan also has said the prison contractor will
"be on the hook" for costs associated with finding the fugitives.
The fugitives were among more than 115 inmates housed at the medium-security
unit where others convicted murderers were held. Under their classification,
they were considered a moderate risk to the public and staff. They weren't
allowed to work outside the prison and were limited in their movement within
the prison walls. The men were in orange jumpsuits when they escaped, which
should have been easy to spot against the desert backdrop, said Kristen Green
of Phoenix, who visits an inmate at the prison. "Guards should be on top
of this, people in the control room should be on top of this," she said.
"There's no way that they should have missed these guys, three of them
going through a fence? This was pretty well planned."
August 3, 2010 AP
Three convicted murderers escaped a privately run prison in Arizona by using
wire cutters that a woman threw over a fence, a state Department of
Corrections spokesman said Tuesday. Officials also said prison staff didn't
realize the inmates were missing Friday until after sensors on the perimeter
fence sounded and a 9 p.m. head count, which came five hours after the three
were last accounted for by prison staff. The woman who authorities say helped
in the escape is Casslyn Mae Welch, 44, of Mesa —
the fiancee and cousin of John McCluskey, one of
the three inmates. She was waiting outside the prison in Kingman as the
inmates breached a perimeter fence with the wire cutters and escaped, said
department spokesman Barrett Marson. A security camera captured Welch driving
a blue sedan around the facility that holds minimum- and medium-security
inmates. Corrections Director Charles Ryan has said "lax" security
created an opportunity for the men to escape. He's scheduled to meet with
representatives of the prison operator, Utah-based Management and Training
Corp., on Wednesday, Marson said. "We are going over everything that
happened during the night of the escape, and many issues will be addressed
with MTC," Marson said. A spokesman for MTC, Carl Stuart, declined to
comment on security at the 3,508-bed facility. The local sheriff's office
wasn't alerted until more than an hour after prison staff discovered the
three were missing, and state corrections officials found out about the
escape at 11:37 p.m., Maroon said. Daniel Renwick, 36, was captured Sunday in
western Colorado. Tracy Province, 42, the 45-year-old McCluskey and Welch had
kidnapped two drivers of a semi-truck in Kingman early Saturday morning and
traveled in the rig to Flagstaff, where they left the drivers unharmed,
authorities said. The three remain at large and are believed to be together
in Arizona, said U.S. Marshals Service spokesman Thomas Henman. Province was
serving a life sentence for murder and robbery, and McCluskey was serving 15
years for second-degree murder, aggravated assault and discharge of a
firearm. Renwick was serving a 22-year sentence for second degree murder.
Renwick was being held Tuesday in a Colorado jail on suspicion of attempted
first-degree murder, vehicular eluding, possession of a weapon by a previous
offender and felony escape. His bail is set at $2.5 million. Ninth Judicial
District Attorney Martin Beeson in Colorado said his office is reviewing the
case and will decide whether to file charges by Aug. 11. "He's presumed
innocent," Beeson said. "But if what we have seen in the reports is
true, then I would say you're not going to come into my jurisdiction, shoot
at officers and not be taken to task for it. My intent is, if we have
business to do, we will do it, and accomplish it, and then we would be glad
to turn him over to whomever wants him." According to an arrest
affidavit, a Garfield County, Colo., sheriff's deputy noticed a vehicle with
its lights off in a church parking lot and found that it matched the Arizona
license plate of a Chevy Blazer connected with the fugitives. Another officer
noticed the vehicle pulling out of the parking lot and chased it for three
miles on an interstate until Renwick slowed down and exited. Renwick shot
through the rear window of the Blazer, and Rifle, Colo., police Officer William
Van Teylingen said he heard objects hitting his
car. Teylingen rammed Renwick's vehicle, which came
to a stop in a hotel parking lot. Teylingen's
airbag activated in his cruiser and by the time he got out, Renwick was lying
on the ground behind the cruiser. Teylingen found a
rifle in the Blazer and a hole in a headlamp on his cruiser.
August 3, 2010 AFSC
The escape of three prisoners from the Kingman prison on Friday July 30,
2010, highlights continuing concerns about the management of state prison facilities
by for-profit corporations, according to the American Friends Service
Committee (AFSC). The Kingman facility is run by Management and Training
Corporation of Ogden, Utah. MTC also runs the Marana Community Correctional
Center, and is one of four prison corporations that have submitted bids to
the Arizona Department of Corrections to build and operate up to 5,000 new
state prison beds. This incident comes on the heels of a riot at the Kingman
facility in June in which eight prisoners were injured. The escapes are being
blamed on lax security and a failure to follow proper protocol. The prisoners
reportedly were able to sneak out of their dormitory and cut through a
perimeter fence without being detected. "You get what you pay for,"
said Caroline Isaacs, Director of the AFSC's Arizona office. "These
for-profit prison corporations are primarily concerned about the bottom line
and making money for their CEO's and shareholders." Isaacs charges that
the companies cut corners everywhere they can, but primarily on staff pay and
training. The result is a facility with high turnover rates, where the staff
is inexperienced and the prisoners have nothing productive to do. Such a
prison is unsafe for the inmates, the guards, and the surrounding community.
This is not the only Arizona private prison scandal to make headlines
recently. A prison run by Corrections Corporation of America in Eloy was
recently on lockdown after prisoners from Hawaii rioted over an Xbox video
game. When a staff member attempted to intervene, he was severely beaten,
suffering a broken nose, broken cheekbones and damage to his eye sockets. The
incident was the latest episode in a history of violence that has plagued the
facility. Two prisoners are facing a possible death sentence in the fatal
beating of another inmate there last February. These types of incidents are
"alarmingly common" in privately operated prisons, Isaacs says,
citing patterns of mismanagement, financial impropriety, abuse, and medical
negligence. Further privatization of Arizona's prisons will be a financial
boondoggle for a cash-strapped state and a nightmare for the host
communities, she warns. "Arizona's legislature needs to take a good look
at the track record of these companies before they spend any more of the taxpayers'
money on this failed experiment."
August 3, 2010 KGUN9-TV
When a prison inmate escaped--who killed a woman's husband and daughter, she
says 19 hours went by before the Arizona Department of Corrections informed
her she could be in danger. KGUN 9 wants to know why. Daniel Renwick was one
of three inmates who escaped from a privately run prison in Kingman. For
Vicki Walker learning that Renwick escaped brought back a world of bad
memories. "He murdered my husband and my daughter, " she said. "They
were in their vehicle and he shot them, leaving my grandson who was 14
months. Kaleb now is ten." The way she heard of the escape made things
worse. A son in law in another state saw it on the news and called her. Mrs.
Walker says, "As a victim I'm supposed to be notified right away if
there's an escape or if he's released and I did not hear from Department of
Corrections for 19 hours." KGUN9 News asked Arizona Department of
Corrections director Charles Ryan what went wrong. Ryan said, "The
Department was also not advised immediately about the escape by Management
Training Corporation and it's unfortunate it took as long as it did."
April 27, 2010 Salt Lake City
Tribune
Centerville-based Management & Training Corporation (MTC) has received a
three-year, $76.5 million contract to operate a 1,520-bed prison for women in
Quincy, Fla. The contract with the Florida Department of Management Services
goes into effect Aug. 1 and includes a pair of renewable, two-year options.
MTC already manages 16 private correctional facilities in Arizona,
California, New Mexico, Ohio, Texas and, beginning in June, Idaho. The
contract to run the Gadsden Correctional Institution, about 20 miles outside
Tallahassee, marks the Utah company's entry into Florida. "The company's
experience working with female inmates in other locations has provided us
with the expertise needed at this site," said Odie Washington, MTC's
senior corrections vice president. "MTC believes in rehabilitating
inmates by providing them with educational opportunities. For nearly a
quarter century we have helped inmates improve their lives and to reestablish
themselves as successful members of society." MTC uses the Foundations
for Life and Success for Life rehabilitation programs to educate inmates, he
noted. With the Florida prison, MTC manages more than 24,000 correctional
beds. The company also is involved in operating 26 Job Corps centers for the
U. S. Department of Labor, serving 19,000 students annually.
April 13, 2010 Dow Jones Newswire
The state of Florida said Tuesday it plans to award three prison
contracts to Corrections Corp. of America (CXW), two of which previously were
held by rival Geo Group Inc. (GEO). According to a memo reviewed by Dow Jones
from Florida's Department of Management Services, it intends to award three
out of four available prison contracts to Corrections Corp. Two of the
contracts--Graceville Correction Facility and Moore Haven Correctional
Facility--were previously held by Geo. In addition, Corrections Corp. lost
one of its previously held contracts--Gadsden Correctional Facility--to
Management & Training Corp., but it kept its contract for Bay
Correctional Facility. Some analysts and industry insiders had expected
Corrections Corp. to win all four contracts. The three contracts Corrections
Corp. received were unanimous decisions by the panel. The committee was split
on the fourth contract, which received bids only from Corrections Corp. and
Management & Training. The contracts are for a period of three years and
include four years of potential renewals. The department memo revealed the
state will save almost $750,000 by offering Management & Training a piece
of the pie, as opposed to offering all four contracts to Corrections Corp.
The total value of the four three-year contracts is more than $250 million. A
representative from Geo Group wasn't immediately available to comment, while
Corrections Corp. declined to comment. A spokeswoman for Florida's management
services department wasn't immediately available to comment on the contents
of the memo.
January 31, 2007 KSL TV
A Utah-based company has been forced to pay back wages to hundreds of current
and former employees in Texas following an investigation. Management and
Training Corporation --- which is headquartered in Centerville, Utah -- has paid
nearly $486,000 in back wages to just over 260 current and former security
guards. That's according to a U- S Labor Department new release. An
investigation by the labor department found employees had NOT been properly
paid over a two-year period between October 2003 and September 2005. Federal
officials say the company failed to pay proper overtime --- meal breaks when
employees worked beyond their schedules and the correct fringe benefits. The
company has agreed to comply with future contracts.
December 17, 2005 Deseret News
The U.S. Department of Labor announced Friday that Management & Training
Corp., headquartered in Centerville, has paid $169,105 in back wages to 393
employees at five locations in Utah, Indiana, Ohio and New Mexico. The back
wages were paid following an investigation by the department's Wage and Hour
Division for compliance with the Fair Labor Standards Act, the Labor
Department said in a statement. Supervised by the department, MTC conducted a
companywide self-audit and found that some employees, including security
personnel, were not paid for all hours worked. MTC employs more than 2,000
workers at 24 Job Corps Centers and six correctional facilities throughout
the country.
April 4, 2002
Wayne Scott, who headed the state's prison system before retiring last year,
has resigned from the Texas Board of Pardons and Paroles. Scott has
accepted a job with Management & Training Corp. a Utah-based private
prison management company, The Dallas Morning News reported today. (AP)
Sept. 18, 1999
Three children of Scott Marquardt, president of Management & Training
Corp. (MTC), contributed $1,000 apiece to the Bush juggernaut earlier this
summer. The youngsters are 8, 10, and 13 years of age. It was
shortly after a Bush fund-raiser in July at, Republican activist and finance
chairman of the Bush campaign in Utah, John Price's mansion in the Federal
Heights neighborhood of Salt Lake City that the Marquardt family donated
$7,000 to the campaign. Marquardt, 41, has contributed thousands of
dollars in personal cash to Republicans and Democrats in the past. His
Management & Training Corp. (MTC) also has donated to state elections,
including $3,500 this year to Gov. Mike Leavitt's spring gala fund
raiser. Corporate donations are prohibited in the federal elections,
but are legal and unlimited in state races. (The Salt Lake Tribune)
February 13, 1998
Taxpayers doled out $36,000 in short-term "consulting contracts" to
members of Gov. Mike Leavitt's Cabinet who resigned, retired, or whose terms
expired last year. At the time, administration officials said the
one-month "contracts" had elements of severance pay but were mostly
were to help departments "transition" under new directors.
However, The Tribune found that several of the contracts had 24-hour on-call
provisions, but no minimum work requirement. In the case of former
Corrections Director O. Lane McCotter, the new director and top
administrative staff had not even been informed that McCotter was required by
his consulting contract to be at the department's disposal. McCotter
received the maximum $8,046 allowed in his one-month contract. (The
Salt Lake Tribune)
August 03, 1997
Besieged O. Lane McCotter stepped down as director of the Utah Corrections
Department last month and took a job in the private sector. But he
still works for the state. McCotter continues drawing weekly pay of
1,609.20 as part of a five-week consulting contract with the Corrections
Department. Tell that to Corrections Director-designate Pete Haun. Nobody made it clear to him that taxpayers
were footing the bill to give the Corrections Department unlimited access to
McCotter. (The Salt Lake Tribune)
July 13, 1997
Former Department of Corrections chief O. Lane McCotter has joined his mentor
and longtime confidante Gary Deland as a private corrections consultant. But
don't look for McCotter to be doing much work in Utah, where the directors of
the state's only privatized prison already have turned him down. Bob
Marquardt, chief executive officer of Ogden-based Management and Training
Corp., which contracts with the state to operate the 400-bed Promontory
pre-release facility at the Utah State Prison in Draper, said McCotter was
turned down for a full-time job in marketing. "I interviewed Lane
personally" after McCotter called looking for work, Marquardt
said. "We decided hiring him might be too sensitive." Ron
Russell, MTC's senior vice president of correctional and building management,
said he would be concerned about McCotter's strained relationship with the
Legislature, which is considering additional privatized prisons. "We as
a corporation have to be very careful," Russell said. "We have to
remain competitive." Deland and Associates is a nationally recognized
corrections firm which has contracted with MTC in the past. And there would
be no reason McCotter could not do consulting for the company in other
states, Russell said. (The Salt Lake Tribune)
Promontory
Community Correctional Center
Draper, Utah
Management and Training Corporation
February 20, 2006 The Spectrum
Utah has one of the country's lowest incarceration rates, according to
federal data, but is climbing from a booming population growth spurt that has
increased the incarcerated population by 200 to 300 inmates each year. The
Utah prison system is overwhelmed with more than 6,350 inmates statewide -
including a large percentage housed at Purgatory Correctional Facility in
Washington County - making more bed space desperately needed. Two facilities
are being built, one in Gunnison and the other facility in Beaver County,
where the state intends to rent 200 beds to house its inmates. Also,
corrections is requesting another 192-bed facility
to be built in Gunnison. Senate Bill 175, sponsored by Sen. Howard A.
Stephenson, R-Draper, calls for the Department of Corrections to issue and
evaluate a request for proposals from private prison contractors, county
jails and other interested agencies for a 300-bed or larger minimum-security
correctional facility to accommodate prison-sentenced criminals beyond that.
We commend Stephenson and the corrections department for their foresight in
dealing with the rising housing needs of criminals. However, taxpayers should
urge lawmakers to do some analysis as they embark on mingling public and
private enterprise, based on the state's history in that corrections
partnership. Utah's first privately run prison, Promontory Correctional
Facility - a 400-bed, low-security facility located on the northwest side of
the Draper prison site, which was closed because of budget cuts - was administered
by Ogden's Management and Training Corporation. Three weeks after it opened
in August, 1995, two inmates escaped in broad daylight by crawling through a
fence. Every year until it closed on July 1, 2002, there were one to two
escapes. A pre-release program through that facility resulted in 102 parolees
enrolled in it simply walking away within a 10-month period. One in
particular was by 35-year-old Stan Lee Foster, a man convicted for a string
of thefts and burglaries in Southern Utah. He was enrolled in the
"cutting edge" halfway-back program in May 1999, but two months
later hopped onto a bus in Sandy to go to work never to return. Six days
after he walked away, he was fatally shot by an FBI agent investigating a
rash of bank robberies. Aside from budget cuts that were cited for the
closure of the prison, heavily-rumored high staff turnover rates and drug use
by inmates were disclosed by media outlets. The mixture of the public and
private sector of corrections through Promontory lasted a mere seven years.
As SB-175 mandates the acceptance of bids for a new facility, and is
considering recommendations from corrections to highly consider privatization
for housing and treatment, we ask lawmakers to scrutinize the whole package
privatization has to offer with a fine-tooth comb. While it is admirable to
be looking toward the future to accommodate the increasing incarcerated
population, it is just as important to learn from mistakes where failures
occurred so as not to repeat them.
Oct. 3, 1999
Stan Lee Foster, 35 and going nowhere, was given a chance by a crop of penal
reformers assembled by corrections chief Pete Haun
to jump-start his rehabilitation. Foster was paroled on May 11 to
pre-release center at the Utah State Prison 13 after years of drug abuse and
a string of thefts and burglaries in southern Utah. Then, on July 9, he
hoped a bus to Sandy, ostensibly to go to work, and never returned. Six
days after he walked away, he was dead, shot by an FBI agent investigating a
string of bank robberies. Foster's is not the only failure of the
pre-release center; his is just the worst example. A year after it
opened to high expectations, the center is at a crossroads, and its program
designed to ease paroles back into their communities is under fire. Not
only are some parolees not returning to prison ,
they are disappearing at an alarming rate. Until this week, the
parolees -- as many as 80 at a time -- caught Utah Transit Authority (UTA)
buses from the Draper prison to a bus stop at the South Towne Center in
Sandy. But a spike in crimes linked to halfway-back parolees led to a
meeting between Haun and three south county
legislators who convinced the corrections chief to scrap the bus route.
Since January, 102 parolees enrolled in the program have walked away.
By contrast, only 41 parolees have walked away from halfway houses operated
by the Department of Corrections outside of prison. Just Tuesday, one
halfway-back parolee thought to be working was arrested by Sandy police who
caught him cooking methamphetamine in a hotel room with his girlfriend.
Of the 102 parolees who have fled the program, 28 are still at large,
according to statistics provided by the department to The Salt Lake
Tribune. Prison administrators unveiled the cutting-edge halfway-back
program last October inside the medium-security Promontory building, a
facility managed under a private contract with Ogden's Management &
Training Corporation. (The Salt Lake Tribune)
April 6, 1999
Three prisoners who escaped from Utah's minimum-security prison at Draper on
Sunday were arrested 12 hours later by police who were tipped they could find
the fugitives at a Salt Lake City boarding house. One of the three --
Jason William Kirk, 21, of Arizona -- was already on parole but staying at
Promontory, a pre-release center akin to a halfway house, until he secured
outside employment. Promontory is owned by the state but managed by
Management & Training Corporations (MTC). After working in the
commissary at Promontory and helping prepare Easter breakfast around 8 a.m.,
the trio slipped to a grassy recreation area outside the facility. They
were discovered missing after a routine 11:30 a.m. head count.
Investigators believe the trio, who used a file to cut through a section of
chain-link fence, fled across the Bangerter
Highway, walked to the auto mall and then stole a car by breaking into a
locked key box. Two other soon-to-be-paroled inmates have escaped from
the facility since September. (The Salt Lake Tribune)
April 6, 1999
Three inmates used a file to cut through a section of the chain link fence
and escaped from the private prison. They walked to a nearby auto mall, broke
into a lock box and stole a car. (Salt Lake Tribune, April 6, 1999)
April 5, 1999
Promontory Correctional Facility officials wonder why three men close to
parole crawled under a fence to freedom Sunday. Department of
Corrections spokesperson Jack Ford said he's surprised once or twice every
year by attempted escapes at the low-security facility, but this is the first
time three people have escaped at the same time. After breakfast Sunday
morning, which the escaped trio helped prepare, guards performed their daily
11:30 a.m. head count. They were missing three prisoners. The
three men apparently pulled loose a wire used to secure the bottom of the
fence surrounding the facility, lifted the fence up and crawled under, Ford
said. In September, Ronald Allen Liptrap climbed through a hole in the
perimeter fence though he was due for parole three months later. Police
officers found him several hours later at an Ogden hotel. In December,
Nicolas Angel-Rivera scaled the fence just two months before his parole
date. Bloodhounds found him two hours later at a nearby trailer
park. (The Salt Lake Tribune)
June 16, 1998
About 140 inmates at the Promontory pre-release facility at the Utah State
Prison refused to go into their dorms Monday afternoon, prompting officials
to use a gas grenade to disperse them. Prison spokesperson Jack Ford
said the inmates were in a common room and outside at the 400-bed privately
operated Promontory facility when they refused to return to their rooms for a
4p.m. head count. Fred VanDerVeur, the
Department of Corrections director of institutional operations, said
correctional officers used "some sort of gas grenade' to scatter the
inmates, all of whom are minimum-security and within weeks of release.
(The Salt Lake Tribune)
July 12, 1996
Freddy Lee Wolfe was to be paroled from Utah State Prison on Aug. 27, but
Thursday he decided his date with freedom was not soon enough. Prison
officials say Wolfe, who is serving 5-year terms for forgery and theft by
receiving, escaped at 12:30 p.m. while working at the Draper prison's
meat-processing plant. He was discovered missing an hour later
following a routine prisoner count. Because of his upcoming parole,
Wolfe, 33, was a minimum-security inmate residing at the prison's
dormitory-style Promontory pre-release center. He probably escaped by
scaling an 8-foot fence surrounding a work area at the southwest end of the
Draper complex, said prison spokesperson Jess Gallegos. (The Salt Lake
Tribune)
Sept. 5, 1995
It may not be an alarming threat to public safety, but neither is it a good
sign. Utah's first privately run prison has been open less than three
weeks, and two inmates already have escaped--in broad daylight, by crawling
through a prison fence. The two escapees, Anthony Scott Bailey and Eric
Neil Fischbeck, are not particularly dangerous characters. Fischbeck
was serving time for burglary and drug possession, Bailey for burglary.
They were assigned to the Promontory Correctional Facility, run by Management
& Training Corp. of Ogden, because they were preparing for parole.
(The Salt Lake Tribune)
Sept. 4, 1995
A search for two escaped Utah inmates widened to four states Sunday after
Nevada authorities found a truck belonging to one escapee's father-in-law
broken down and abandoned just across the state border in Wendover.
Bailey, 27, and Fischbeck, 21, apparently pulled apart a piece of chain-link
fence at a minimum-security center on Utah State Prison grounds in Draper
between 9:30 and 10 am Saturday and climbed underneath to freedom. Less
than an hour before the two escaped, Bailey's wife, Michelle Lynn Baird, had
paid him a visit. The two were seen arguing and then she drove off in the
pickup truck. ( The Salt Lake Tribune)
Salt Lake Valley Detention Center
Salt Lake, Nevada
Cornerstone (formerly run by Cornell)
September 17, 2008 Deseret News
A California-based company that previously ran a Salt Lake juvenile detention
facility for 11 years is suing the state of Utah after a new five-year
contract was awarded to another firm. Cornell Corrections of California,
which does business as Abraxas Youth and Family Services, recently filed a
lawsuit in 3rd District Court requesting that the decision regarding the
multimillion-dollar contract be overturned and that Abraxas get the new
contract instead. Abraxas alleges that the decision-making process used by
the Utah Department of Human Services and other state agencies in awarding
the contract was "arbitrary and capricious" and was "clearly
erroneous." In fiscal year 2008, the budget for the Salt Lake Valley
Detention Center was about $3.8 million, according to Liz Sollis,
DHS public information officer. Abraxas in the latest round of bidding
submitted a proposal containing a budget of approximately $5.2 million for
fiscal year 2009, Sollis said. Meanwhile,
Cornerstone Programs Corp. submitted a proposal that had a budget of about
$4.4 million for fiscal year 2009. Cornerstone, based in Centennial, Colo.,
has operated the 60-bed Farmington Bay Juvenile Detention Facility in Davis
County since 1995. Sollis did not comment on the
litigation. However, she said contract proposals are initially reviewed by
DHS and then referred to the state's Department of Administrative Services
Division of Purchasing and General Services for final decisions. The Salt Lake
Valley Detention Center is a 160-bed locked facility for juveniles ages 10-18
who are being held temporarily until their cases are resolved in court or DHS
can find another place for them. While in the center, the young people
receive a variety of services, including such things as schooling, medical
and dental care, psychological help and other assistance. The center at 3450
S. 900 West is owned by the state, but services are provided through
contracts with other organizations. The lawsuit said there were 4,190
admissions to the center during fiscal year 2007. Abraxas said in its suit
that it had operated the center successfully and DHS recently gave it a 100
percent rating. "Cornerstone received 164 points for its proposal, while
Abraxas received 161.22 points for its proposal. Because the scoring was so
close, even a minor error in the scoring process would have resulted in
Abraxas being awarded the contract," the lawsuit said. When notified
that Cornerstone was getting the contract instead, Abraxas filed a protest
with the state making several allegations: that Cornerstone's proposal did
not comply with state requirements as far as employee education and other
standards; that Cornerstone's proposal contained "blatant
misstatements" regarding the services it would or could provide; and
that Abraxas' score in one section was rounded down while Cornerstone's was
rounded up. Attorneys representing Abraxas and representatives for
Cornerstone were not available for comment at press time. (Cornerstone is not
a party to this lawsuit; Abraxas is suing the state of Utah.) The Utah
Attorney General's Office declined comment.
Security Transport Services
Aug 28, 2019 mercurynews.com
Couple wanted for
murder escape from prison transport
A couple wanted for
murder in Arizona escaped from custody when they overpowered guards who were
transporting them through Utah, officials said on Tuesday, adding that the
man and woman are considered armed and dangerous. Blane Barksdale, 56, and
Susan Barksdale, 59, broke free on Monday evening from two guards in
Blanding, a rural town in southeast Utah, the Tucson Police Department said
in a statement. The couple later obtained a GMC Sierra pickup truck and drove
off, Tucson police spokesman Pete Dugan said. “Investigators have information
that they are possibly traveling through Arizona,” Tucson police said in a
statement. The couple were being extradited from the upstate New York town of
Henrietta, where they were arrested in May, to Pima County, Arizona, to face
a murder charge, Tucson police said. It was not immediately clear how the
couple commandeered the pickup truck. It had damage to the front passenger
side and rear bumper, Tucson police said. Dugan could not provide further
details on how the couple escaped. The two guards who were transporting the Barksdales worked for the private company Security
Transport Services, which is hired by Pima County, Arizona, officials to
transport inmates. A representative for Kansas-based Security Transport
Services could not immediately be reached for comment. The Barksdales are charged with murdering Tucson resident
Frank Bligh, 72, who was last seen on April 7 at the Cowpony Bar in Tucson,
police said in a statement in May. Bligh’s house was intentionally set on
fire on April 16 and the flames set off an explosion in the home, the police
said. Bligh was not found inside the house. Police later identified the Barksdales as suspects in Bligh’s disappearance,
obtaining an arrest warrant on May 1 on a charges of murder, burglary, arson
and vehicle theft, Tucson police said.
Aug 28, 2019 azfamily.com
Reward offered for Tucson homicide suspects who escaped from prison van
TUCSON, AZ (3TV/CBS5) -- A big reward is now being offered for
information about two Tucson homicide suspects who escaped from a prison van.
The U.S. Marshals Service is now offering a $10K reward (per fugitive) for
information leading to the arrest of Blane Barksdale, 56, and Susan
Barksdale, 59. The Barksdales reportedly escaped
from a private prison transport company while being extradited from New York
City to Pima County. "It just shows you their mental state," said
Sgt. Pete Durgan, Tucson Police. "I'm
sure at this point they have nothing to lose, so these people should be
considered armed and dangerous." Authorities said the pair is likely
armed and dangerous. The Apache County Sheriff’s Office said the Barksdales overpowered two transport officers in
Blanding, Utah, on Monday, Aug. 26. One of the transport officers suffered
minor injuries. The Barksdales allegedly then drove
to St. Johns in northeastern Arizona. There, they dumped the transport van
and took off in another vehicle. The FBI will now be taking over the case.
The Barksdales are accused in connection with the
presumed death of 72-year-old Frank Bligh in Tucson in April 2019. Bligh,
whose body has not been found, was reported missing. On April 16, his home in
the 3500 block of South Calexico Avenue caught fire and exploded. The next
day, his car was found abandoned in Tucson. "We're a little dumbfounded
at the whole thing. I don't even understand why they would transport the two
of them together," said William Bligh, the victim's brother. "What
they did, I mean they took away part of our life." On April 24, the Barksdales’ nephew Brent Mallard was arrested on an arson
charge. Less than a month later, the Barksdales
were arrested near Rochester, New York, on charges of first-degree murder.
The FBI, US Marshals and Apache County Sheriff’s Office are all assisting in
the investigation. If the Barksdales are spotted,
please call 911 immediately. Anyone with possible information on their
whereabouts is urged to call 911 or 88-CRIME. "I want the police to do
whatever they gotta do to get these people,"
said William Bligh.
Skyline Journey
Millard, Utah
October 26, 2003
An administrative law judge revoked the license of a Utah wilderness therapy
program over an Austin boy's death from heat exhaustion last year.
Skyline Journey has until Friday to shut down and send 10 campers packing
under the order. Owner Lee Wardle declined to say if Skyline Journey would
appeal the decision to a state court. The ruling affirms "his
death means something," said Judith Pinson, of Drumright, Okla., the
birth mother of Ian August, 14, who was placed in the program by his adoptive
mother. According to Friday's ruling from Judge Sheleigh
Harding, Skyline Journey failed to describe the harsh environment of Utah's
west desert and physical demands on teens when it asked a Texas doctor to
sign off on enrollment for August, who weighed 198 pounds with a 5-foot,
3-inch frame. Skyline Journey failed to comply with "one of the most
critical rules governing wilderness programs," wrote Harding, a Utah
Department of Human Services administrative judge. Harding determined that
"Ian's doctor never had the opportunity to determine whether Ian's
physical condition would make him an appropriate candidate for the types of
activities Skyline Journey would require him to do." The boy had
set out with five other teens and three counselors on a three-mile trek
across the Sawtooth Mountain region in western Millard County on July 13,
2002, when a heat wave rolled across Utah. They had covered little more than
a mile over three hours when August refused to hike farther. He was left in
the sun for an hour before he collapsed and stopped breathing, according to
court records. (Austin American-Statesman)
August 19, 2003
About 13 months after Ian August died while hiking in the mountains of Utah's
west desert, owners of the wilderness therapy program that took him there are
defending themselves again, this time hoping to keep the state from shutting
them down. A two-day administrative hearing over Skyline Journey's
practices started Monday as the state set out to prove that the program
should lose its operating license. It cited four violations of state statute
that relate to August's death. Skyline presented the testimony of a
former employee and an owner in an attempt to knock down several of those
allegations. Mark Wardle, the program manager and part-owner of the
company, testified that August, a 5-foot-3-inch teen who weighed 198 pounds,
was appropriate for the program even though a doctor said August was obese
and his mother indicated the boy had low tolerance for heat.
"We're built the exact same," said Wardle, who also spent five days
hiking with August's group. "I consider him overweight. I didn't consider
him obese." August, 14, from Austin, Texas, had been in the
program for less than two weeks when he crested a ridge of the Sawtooth
Mountain in Millard County and refused to hike any longer. About two hours
later, the boy's heart stopped. An autopsy
determined August died from hyperthermia -- or heat exhaustion -- on one of
the state's hottest days of the year. With that autopsy and a timeline
that alleged August was kept in the sun for up to an hour after he stopped
hiking, the state's Office of Licensing moved to revoke the Skyline's
operating license in October. The licensing case was put on hold while a
criminal charge of child abuse homicide against Wardle was dealt with.
Earlier this year, a judge dismissed the case, ruling that Wardle was not
responsible for the teen's death. The Office of Licensing alleges the staff
failed to recognize the symptoms of hyperthermia and treat them, the hike
went beyond the ability of the weakest member of the group, administrators
failed to have the appropriate professional medical person screen August for
the program, and a description of the program wasn't given to a Texas doctor
who cleared the teen to enroll. (The Slat
Lake Tribune)
July 14, 2003
As Ian August and a band of teens hiked over the steep hills that make up the
Sawtooth Mountain area one year ago, Millard County prosecutor Brent Berkley
was inside his air-conditioned Delta home. Suffering through a searing
heat wave that gripped Utah that weekend, Berkley didn't want to go outside.
Arriving at his office the following Monday, Berkley was surprised to learn a
program promising to turn around so-called troubled youths had the teens
trekking across the high-desert mountains to the west. He was even more
shocked when the Millard County Sheriff's Office said an obese, 14-year-old
boy from Austin, Texas, had mustered the strength to reach the top of one of
those hills, stopped, sat down and baked to death as rescuers tried in vain
to reach the site in time. "My first thought was 'What were they
doing out there in the first place?' " Berkley says. He was not
the only one wondering why. "The area out there
-- it's an arid, desolate place," said Millard County sheriff's Sgt.
James Masner. "It's extremely hot, both day
and night. We didn't even know the program was functioning out
there." As Berkley was being briefed on the case in Fillmore, one
owner of the wilderness therapy program in which Ian died -- Skyline Journey
-- sat down at a conference room table in St. George to give his version of
events. Surrounded by state regulators and owners of Utah's eight other
wilderness programs, Mark Wardle blamed the tragedy on the response of the
sheriff's rescue team. The crews, he said, wasted time by not following his
directions, turning what Wardle said was a 40-minute drive from Delta into a
two-hour trip. "We're not a bunch of bumbling idiots out here,
abusing kids," Wardle said. "When we say, 'This is where we're at,'
this is where we are at." The comment made Millard County Sheriff
Ed Phillips livid. Phillips said the ambulance dispatched from Delta traveled
70 miles to reach the scene, nearly half of those miles on gravel and graded
dirt roads. The crew had to backtrack because of Wardle's confusion about the
best way to reach Ian. Rescuers split into two groups, one following
Wardle's directions to a road that proved impassable and the other hiking to
Ian with a handheld GPS unit. The hikers reached him first and, on their
arrival, pronounced him dead. A medical helicopter never reached the scene
-- something Phillips blames on a malfunctioning GPS unit in an ambulance
giving directions. The helicopter also ran low on fuel and the pilot was
forced to make a gas run to Richfield. The investigation: Although
shocked, Berkley still thought the death might have been accidental. His
opinion would change as the Sheriff's Office investigation proceeded.
Each passing day, Sheriff Phillips became more convinced that Ian's death was
preventable. Ian stopped hiking at 11:30 a.m., but Wardle did not contact the
Sheriff's Office until 1:30 p.m. -- over an hour after his staff radioed him
that Ian wouldn't hike. Berkley has been a prosecutor for four years.
Once, while in private practice, he defended a youth rehabilitation program.
He says Skyline Journey's employees were undertrained, its health-screening
process was inadequate and its water supply insufficient. He doubts that Ian,
accustomed to Austin's 540-foot elevation, had time to adjust to the
7,000-foot altitude of the Sawtooth area. But Ian came to Utah straight from
Santa Fe, N.M., which has a similar elevation. Basically we just
thought the program was poorly run," Berkley says. In his opinion,
Berkley characterizes the program as "designed to take money, throw
these kids out on public lands where they don't have to pay anything for
them, feed them tuna fish sandwiches for three months and change their lives.
They caused the death of this kid [who] shouldn't have been in the program in
the first place." The state: The criminal charges made Ken Stettler,
the director of the state's Office of Licensing, take a harder look at the
case. "When the county filed charges we said, 'Crud, there's got
to be something,' " Stettler says. Stettler wondered whether his
investigators had been too focused on the temperature at the scene. Once
charges were filed, Stettler redirected them to refocus on other potential
violations of state rules. A detailed timeline put together by Stettler
and his supervisor points to four alleged violations by Skyline Journey:
* Counselors failed to recognize Ian's symptoms and get him treatment
quickly. "When they were sitting, they were sitting in the sun,"
Stettler says. "So, they weren't really cooling down." * The
program exceeded the limits of the weakest members -- Ian and another teen,
who had motor skill problems, were lagging far behind the group. * A
Texas doctor who cleared Ian to participate in Skyline Journey did not
receive a full description of its program. * Ian's enrollment
application was not screened by a licensed medical professional. If
that review had been done, Stettler says, Skyline's staff would have known
Ian had "low heat tolerance and was taking medications that could have
been a factor in exposure-related illness." With those allegations
in hand, Stettler moved to revoke Skyline Journey's license in November. That
process was put on hold pending the outcome of the criminal case against
Wardle. The program continues to operate, but is no longer monitored by
Husbands -- in part because Stettler learned Husbands and Wardle were members
of the same LDS Church ward in Nephi. Wardle has since moved. The
prosecution: Knowing that the charges against Wardle would be difficult to
prove, Berkley decided to bolster his case by offering a plea deal. In
exchange for her testimony against her former employer, Berkley would divert
prosecution of Hale and dismiss the charge against her in six months.
At a Jan. 6 preliminary hearing, Hale and five other witnesses took the stand
before 4th District Judge Donald Eyre. Next on the stand, field
counselor Matthew R. Gause gave a history of his
involvement with Skyline Journey, explaining he had no formal training as a
counselor or as an outdoor guide beyond what he had learned in Boy Scouts.
Once hired by Skyline, he had gone through two days of book training, three
days of field training and a CPR class. One month after the hearing
ended, Eyre issued an eight-page ruling in which he refused to order a trial,
saying Berkley had failed to show the program had acted recklessly.
Although Berkley mentioned during the hearing that the state was trying to
revoke the program's license based on three other alleged violations, the
judge wrote: "Perhaps nothing in the state's allegations is more
glaringly absent than the lack of evidence that [Wardle] had failed to comply
with the state Office of Licensing regulations governing youth wilderness
programs. Indeed, the evidence presented to the court only serves to
establish that Skyline Journey took many more precautions than those provided
in similar youth programs." In a recent interview with The Salt
Lake Tribune, Eyre said he did not think Skyline had "done things that
would put a heavy burden on these youths to the point you would say it was
reckless." The aftermath: Berkley said he was surprised at the judge's
decision to kill the case before it could get to trial, but he says there is
not much he would have changed about his prosecution. Ian's death on
that hot July afternoon continues to trouble Berkley. "It worries
me that [Skyline is] still out operating," Berkley says. "I think
they are still doing the same thing." The day-to-day operations of
Skyline remain the same since Ian's death. "We haven't changed
anything because we were safe at the time," Wardle says. But
Skyline, like the state's other wilderness programs, must meet new
requirements put in place after Ian's death. (The Salt Lake Tribune)
Utah Correctional Industries
January 8, 2003
When
a 14-year-old from Dripping Springs dropped to the ground during a hike through
a Utah desert last summer, two of his wilderness therapy counselors thought
he was faking, a camp staff member testified during a preliminary hearing
Monday. An autopsy later determined
that August had died of hyperthermia -- excessive body heat. Judge Donald Eyre of the 4th District Court
in Utah is considering whether Mark Wardle, Skyline Journey's field director,
should stand trial in connection with August's death, The Salt Lake Tribune
reported in Tuesday's online edition.
Prosecutors charged Wardle, 47, a former employee of a similar
wilderness program in Central Texas, with a second-degree felony last year,
arguing that he acted with criminal recklessness in failing to get help for
August quickly enough to save him.
According to Texas records, Wardle is a former program manager at On
Track, a Mason County wilderness program at which 17-year-old Charles Chase
Moody of Richardson died while being physically restrained in October. Wardle left On Track in 2000 for another
wilderness camp In Oregon and later joined Skyline. At the outset of Monday's hearing in the
August case, Millard County prosecutor Brent Berkley dismissed a similar
criminal charge against Leigh Hale, a head field instructor for Skyline. Hale had agreed to testify against Wardle
and her former employer in exchange for the dismissal. The Office of Licensing, an arm of Utah's
Department of Human Services, shut down the Skyline Journey program last
year, but it continues to operate while the company appeals.
(Statesman.com)
November 6, 2002
Housing
out-of-state prisoners in Utah won't be the financial boon to the Beehive
State's sagging budget that officials had hoped. Putting out-of-state
prisoners in Utah's empty prison beds would bring in only $1 million to $1.5
million annually, according to a recently completed report from the Utah
Department of Corrections. The report, which laid out three possible
scenarios for housing out-of-state inmates, concluded, "The opportunity
for significant revenue to the state of Utah through the contracting of empty
prison beds is not supported by this report."
October 6, 2002
A
prison watchdog group is bemoaning the possibility of housing out-of-state
inmates in Utah's prison system to boost the state's sagging budget. The
Citizens Education Project called the proposed plan to fill some 700 empty
prison beds in the Department of Corrections a "tawdry enterprise."
"There are many reasons why Utahns should reject any prisoner purchase
plan legislators might propose to pad the corrections budget," Citizens
Education Project organizer William R. Jensen said. "We passed a bill in
1999 outlawing the import of other states' inmates to a private prison in
Grantsville. The private prison was rightly dumped. The objections to
importing inmates for profit apply to public prisons as well." The
department's bed surplus came after corrections officials implemented a plan
to treat offenders in the community to reduce the prison's bursting inmate
population. "Utah's DOC has made commendable progress in the past few years
in diverting offenders from prison into treatment programs, reentry programs
and cutting overall costs," Jensen said. "Improvements in the
system are still needed, but again attempting to venture into commerce in
souls is a tawdry enterprise that would only undermine recent progress."
(Desert News.com)
May 29,
2001
Hundreds of working prisoners are facing pay cuts as state officials try to
free up cash to hire other inmates. The reduced wages are part of the
Department of Corrections' plan to revolutionize inmate privileges, allotting
fewer perks to unemployed prisoners. The downside is that nearly 700
inmates who work for Utah Correctional Industries (UCI) -- the Utah State
Prison's highest-paid and most skilled workers -- could have their earnings slashed
by about 9 percent. UCI inmates make between 60 cents and $7 an hour,
the eighth-highest prisoner pay scale in the nation, according to statistics complied by the Correctional Industries Association in
Baltimore. UCI inmates would actually "take home" 20 percent
or less of their salaries. UCI director Dick Clasby
and other officials note that Utah's inmates are relatively fortunate;
prisoner laborers in at least three states -- Texas, Georgia and Arkansas --
receive no pay at all. Companies typically find inmate labor attractive
because paying the lower wages and not having to offer benefits keeps costs
down. Telemarketing jobs at the prison were eliminated last year after
inmates obtained personal information about callers, and at least one inmate
used the data to send sexually suggestive letters to a 15-year-old
girl. (The Salt Lake Tribune)
Utah Legislature
September 20, 2007 Salt Lake City Tribune
Halfway through a professor's presentation of a study on prison
privatization, Sen. Bill Hickman was losing patience. "I am interested
in the cost of a study that did everything but reach a conclusion,"
Hickman, R-St. George, told University of Utah professor Brad Lundahl during a legislative subcommittee hearing
Wednesday. Hickman was clearly perturbed that the study concluded that there
were no clear, proven advantages or disadvantages to hiring companies to run
prisons. He looked similarly off-put at Department of Corrections Director
Tom Patterson's response when asked what the study told him. "It tells
me I shouldn't be running to privatization," Patterson said. The
reaction from Hickman and members of the Law Enforcement And Criminal Justice
Interim Committee was understandable, said Russ Van Vleet,
who heads the U.'s criminal justice department. The study, which Van Vleet said cost the state no extra money, was essentially
a review of all the reliable, unbiased studies on privatization available, he
said. So it wasn't the university's fault that the studies found no clear
winner, he said. If anything, Van Vleet said, the
dozen studies of privatization leaned toward public-run prisons, he said. The
issue may be moot for the moment, as the bill that prompted the study and
called for prison privatization failed last session. The sponsor of the bill,
Rep. Greg Hughes, R-Draper, did not show up for Wednesday's hearing, a fact
pointed out by co-chair Sen. Jon Greiner, R-Ogden. Patterson said he would
continue to explore new ways to improve prison efficiency. He recently signed
a multi-million dollar contract to create a 300-bed facility to house parole
violators. The facility, set to open next spring, will be completely
privatized from construction to management, Patterson said. "This could
be a testing ground to see if privatization could work."
February
10, 2007 Salt Lake City Tribune
Paul Rolly: One bill introduced at the Utah
Legislature raises constitutional separation-of-powers questions with the
appearance that lawmakers want to take over the bidding process for choosing
state contractors. It also appears that some legislators are setting
themselves up to be best-deciders of how state services should be provided,
rather than the executive branch departments that actually administer those
services. House Bill 391 directs the Department of Human Services to issue a
request for proposals from private vendors to operate and manage the Utah
State Hospital. It says the Legislature's Executive Appropriations Committee
will review the bids and determine whether the state should go ahead and
privatize the hospital. State officials say the intrusion by the Legislature
in government procurements is unprecedented and that the state-run hospital
in Provo is operating just fine. The bill's sponsor, Rep. Becky Lockhart,
R-Provo, is one of five legislators who were invited by lobbyist Rob Jolley
to visit a privately run state hospital in Pembroke Pines, Fla., in December.
The others were House Speaker Greg Curtis, R-Sandy; House Majority Leader
David Clark, R-Santa Clara; Sen. Howard Stephenson, R-Draper; and Senate Majority
Leader Curtis Bramble, R-Provo, who is to be the Senate sponsor of the bill.
They were the guests of Geo Care, a private operator of state mental services
hospitals. Geo Care is an affiliate company of the Geo Group, which operates
privately run prisons throughout the United States and several other
countries. Jolley is a registered lobbyist for Geo Care and the trip, at a
total cost of about $10,000, was paid for by David Meehan, another Geo Care
lobbyist. Reports about the privatization of prisons and mental hospitals are
not, by the way, all sunshine and roses. A Florida legislative audit
concluded that "privatizing South Florida State Hospital has not
resulted in cost savings or improved client outcomes." And a 2004 story
in the Gainesville Sun reported that the privately-run facilities cost
significantly more than government-run institutions. The St. Petersburg Times
reported last month that the Geo Group was one of two companies the state of
Florida had overpaid by nearly $13 million and Geo had agreed to repay
$402,000. Utah Human Services Director Lisa-Michele Church suggested in a
letter to the co-chairs of the Legislature's Health and Human Services
Appropriations Subcommittee that the issue be sent to an interim committee to
be studied for a year before the bidding process is initiated. But the
lawmakers favoring the bill apparently can't wait. Lockhart, responding to a
series of my questions in an e-mail exchange, says the request-for-proposals
process, which under the bill will take nearly a year, is the study and,
"at the end of the year, if we have received responses, we will explore
with the (Human Services) Department if privatization is in the best
interests of the state, but more importantly the best interest of patients
served by the State Hospital." She said the Executive Appropriations
Committee, of which she is assistant co-chair, will not select the bidder.
"It will only review the bids to determine if it makes any sense for the
state. If it does, then the Department of Human Services will select the
provider, not the Legislature." She said she is aware of other companies
that run similar operations, "but it would be the Department that
selects a private provider if privatization is determined viable." State
Purchasing Director Doug Richins says that for a
project the size of the State Hospital, vendors would have to go to great
expense to put together a bid. This bill would require them to do that
without knowing if a bid even is going to be offered. But, as we are
constantly being told these days, the Legislature knows best.
March 9,
2006 Salt Lake Weekly
On the philosophical level, it had to be a bad year for Sen. Howard
Stephenson, R-Draper. He just couldn’t get lawmakers to agree with him on his
Principles of Government. No. 1: U.S. senators ought to listen up when state
elected officials speak; No. 2: Legislators ought to be able to override
damned near anything that the governor vetoes; No. 3: Government ought to be
run like a business, get out of the business of competing with business and
even give up some of its business to business. In other words, privatize.
Privatization was a consistent undercurrent of this year’s legislative
session. The idea is tied to a conservative reverence for competitive forces
and a libertarian view of limited government. In Utah, that means a long-term
goal of privatizing schools, prisons and highways, to name a few. “We’re not
saying that government shouldn’t provide any services,” says Mike Jerman of the Utah Taxpayers Association. “Just not at a
loss. The bottom line is can the private sector provide an adequate level of
service at an adequate price, and how much will it cost taxpayers?” “There
are some things that can be effectively privatized, and we’re not going to
spurn those ideas,” says Steve Erickson of the Citizens Education Project.
“But they’re even privatizing war these days.” Erickson came up against
Stephenson over the private-prisons legislation—another bill that Stephenson
had to put in the “loss” column. “It was commerce in souls,” says Erickson.
“Philosophically, the greatest power of government is to deprive an
individual of his life or liberty and with that comes a grave responsibility
of government.” While Utah’s Management & Training Corp. was pushing the
legislation, Erickson and the Utah Department of Corrections were researching
the downside. New Mexico, for instance, where 45 percent of inmates are in
private prisons, has been reeling from reports of abuses and mismanagement.
February
24, 2006 Salt Lake Tribune
All SB175 does is leave the door unlocked. But, as any prison guard can tell
you, sometimes one carelessly unlocked door is all it takes to separate an
orderly prison from mayhem. The bill, which has passed the Utah Senate and a
House committee, would do no more than require the Department of Corrections
to take bids from those who would build and operate the state's next prison
expansion as a private business. It would not require the state to accept any
of those bids if, after their own analysis, our corrections managers
determine that they can do the job as well or better themselves. Sponsored by
Sen. Howard Stephenson, SB175 is a highly questionable flirtation with an
industry that is in widespread disrepute throughout the English-speaking
world as the least logical place for the privatization of a public service.
The private prison industry has been excoriated in independent examinations
in the United States, Great Britain and Australia. Because private prison
operations exist to make profit first and provide service second, the
temptations to cut corners, hide problems, shift blame, cook books and buy
the services of experts and officials are just too strong. The lives of
prisoners and guards, and the safety of the public, are at risk. But the
greatest danger created by private prisons may be less within the walls than
on the Hill. Once prisons become another public concession, the lobbying,
wining, dining and campaign contributions from the industry will just add
further taint to a government that already has far too much of it. The prison
providers' checkbooks will be marshaled not only to promote the interests of
one contractor over another, but also in opposition to any reforms that might
reduce the need for prison beds and, thus, for the services of an industry that
more than most (even more than newspapers) profits from the misery of others.
The money that starts to flow when prisons become profit centers has
seriously tainted the reputation of public officials in Tennessee and
Florida. And destroyed the career of one pro-privatization University of
Florida researcher who, it turned out, was on the industry's payroll. This
bill is pointless at best, and we trust that the Legislature's traffic cops,
as they approach a busy end to their session, will choose it as one that can
be cast aside in favor of more important things.
February
20, 2006 The Spectrum
Utah has one of the country's lowest incarceration rates, according to
federal data, but is climbing from a booming population growth spurt that has
increased the incarcerated population by 200 to 300 inmates each year. The
Utah prison system is overwhelmed with more than 6,350 inmates statewide -
including a large percentage housed at Purgatory Correctional Facility in
Washington County - making more bed space desperately needed. Two facilities
are being built, one in Gunnison and the other facility in Beaver County,
where the state intends to rent 200 beds to house its inmates. Also,
corrections is requesting another 192-bed facility
to be built in Gunnison. Senate Bill 175, sponsored by Sen. Howard A.
Stephenson, R-Draper, calls for the Department of Corrections to issue and
evaluate a request for proposals from private prison contractors, county
jails and other interested agencies for a 300-bed or larger minimum-security
correctional facility to accommodate prison-sentenced criminals beyond that.
We commend Stephenson and the corrections department for their foresight in
dealing with the rising housing needs of criminals. However, taxpayers should
urge lawmakers to do some analysis as they embark on mingling public and
private enterprise, based on the state's history in that corrections
partnership. Utah's first privately run prison, Promontory Correctional
Facility - a 400-bed, low-security facility located on the northwest side of
the Draper prison site, which was closed because of budget cuts - was
administered by Ogden's Management and Training Corporation. Three weeks
after it opened in August, 1995, two inmates escaped in broad daylight by
crawling through a fence. Every year until it closed on July 1, 2002, there
were one to two escapes. A pre-release program through that facility resulted
in 102 parolees enrolled in it simply walking away within a 10-month period.
One in particular was by 35-year-old Stan Lee Foster, a man convicted for a
string of thefts and burglaries in Southern Utah. He was enrolled in the
"cutting edge" halfway-back program in May 1999, but two months
later hopped onto a bus in Sandy to go to work never to return. Six days
after he walked away, he was fatally shot by an FBI agent investigating a
rash of bank robberies. Aside from budget cuts that were cited for the
closure of the prison, heavily-rumored high staff turnover rates and drug use
by inmates were disclosed by media outlets. The mixture of the public and
private sector of corrections through Promontory lasted a mere seven years.
As SB-175 mandates the acceptance of bids for a new facility, and is
considering recommendations from corrections to highly consider privatization
for housing and treatment, we ask lawmakers to scrutinize the whole package
privatization has to offer with a fine-tooth comb. While it is admirable to
be looking toward the future to accommodate the increasing incarcerated
population, it is just as important to learn from mistakes where failures
occurred so as not to repeat them.
February
16, 2006 Deseret Morning News
Government should seek out efficiencies whenever possible. But it is not
sufficient for some functions of government to simply be cost-efficient. The state
prison system, for instance, must be operated in a manner that ensures
accountability and public control. Any move to delegate that responsibility
to a private provider deserves careful study and deliberation. Some states
have had success in privatizing certain aspects of their prison systems. But
overall, the states' experiences have been a mixed bag. That should be a red
flag to state lawmakers as they consider SB175, which would require the
Department of Corrections to seek bids for the construction and operation of
any new adult correctional facilities for medium security inmates and lesser
offenders. Legislators need to consider this proposal with eyes wide open.
Utah's experience with private prisons has been less than stellar. In the
mid-1990s, several Utah inmates escaped from a private prison in Texas where
they were temporarily housed. Incredibly, Texas officials weren't sure how to
pursue the inmates since the state then had no specific law against escaping
from a private prison. As the Utah Legislature has considered a number of
bills this legislative session that deal with open meetings and open records
issues, it is appropriate to also raise a concern about the issue of
transparency in dealing with the state prison system. Private providers must
be subject to the same open records requirements as the state prison system.
Beyond the laws themselves, there must be training so there is no
misunderstanding about the requirement of the Government Records Access and
Management Act and other open government requirements. Clearly, lawmakers
need to be conscientious about the best use of tax money. But in this
instance, they should not be swayed simply by the low bid for a prison and
its operations. Far much more is at stake, including the state's liabilities
and all of the public's interests.
February
4, 2006 Salt Lake City Tribune
A Senate committee Friday took the initial step toward authorizing Utah's
first privately operated prison. The Senate Revenue and Taxation Committee
approved SB175, which would require the Department of Corrections to issue a
request for a proposal for a 500-bed facility by July 1, 2007. The department
could still build the facility on its own if it rejects all of the private
proposals. The Legislature could also change the date for the requests next
year if the need for a new facility dwindles. Sponsoring Sen. Howard
Stephenson, R-Draper, believes private contracting will save the state money
and provide healthy competition with the Corrections department. Utah is the
only state in the Mountain West that does not have some portion of its inmate
population in a private prison. Corrections Executive Director Scott Carver
said the department has concerns about a contractor operating in the public
safety field. “We are dealing with the liberty of people and the very lives
of people,” Carver said. “There have been instances where people have been
killed because of poor management.” Stephenson is not just a senator, he is also a lobbyist working on behalf of the
Utah Taxpayers Association. The taxpayers association, funded by big
business, generally supports privatization of government. Stephenson is also
sponsoring SB74, which would create a legislative task force to seek out
areas of government that the private sector could take over.
November
18, 2005 The Salt Lake Tribune
Gov. Jon Huntsman Jr. said he would let cold, hard facts guide his decision
about moving the Utah State Prison from Draper. And the facts are in: A group
of consultants found the cost of moving the prison far surpasses - by an
estimated $372 million - the money the state could make selling the land. The
governor says that's all he needs to know. "We will not be moving the
prison. We ran the numbers, did the analysis and the numbers simply aren't
there," Huntsman said in an interview this week. "We would not
recoup the cost from the sale of the land." Prison managers are relieved
to have the study. Residents of nearby foothill neighborhoods in Draper have
prodded local and state leaders to consider moving the complex for years. And
in May, Corrections Director Scott Carver said private prison developers
started "swarming" after the state listed privatization as an
option in a May 10 request for proposals from consultants. Now, Deputy
Corrections Director Chris Mitchell hopes those pressures will ease.
October
20, 2005 Deseret Morning News
At least one lawmaker wants private prisons in Utah's incarceration plan but
the top administrator of state corrections claims they could hinder more than
help and that allowing them would be a partial abdication of one of the
state's chief responsibilities. Sen. Howard Stephenson, R-Draper, told
members of the Law Enforcement and Criminal Justice Interim Committee on
Wednesday he's planning to propose a bill that will bring private prisons
back to Utah. Scott Carver, executive director of the Utah Department of
Corrections, responded that jailing someone is a serious step that is best
left alone. He cited failed attempts to house prison inmates privately,
including 1995, when 100 Utah inmates were sent to a private Texas jail run
by Dove Development to await the construction of new facilities in Utah.
During one year, there were eight escapes; six were captured, he said. In
February 1996, Missouri inmates being held at the same jail set part of their
housing unit on fire during a riot, which raised Utah officials' concerns
about the security there. "We will do what you direct us to do,"
Carver said. But he cautioned lawmakers to keep in mind that if they allow a
private company to manage, the state is still ultimately responsible for what
happens there.
Utah State Prison
Correctional Medical Services
July 16, 2003
A consultant selected to study whether the state can save money by
privatizing medical services at the Utah State Prison has ties to
privatization companies, including the one seeking a Utah contract.
Jacqueline Moore said Tuesday that her Chicago-based consulting firm,
Jacqueline Moore and Associates, was selected this week through a competitive
bid process to evaluate the prison's health care system. The amount she
will be paid was not revealed because a contract has not yet been signed,
said Kevin Walthers, legislative fiscal analyst.
The contract is expected to be signed early next week, Walthers
said. He told lawmakers in May that such a study could cost up to
$60,000. Moore, however, acknowledged ties to St. Louis, Mo.-based
Correctional Medical Services, saying she previously has been paid by CMS for
conducting periodic reviews of Maine's prison health care. Mont Evans,
a CMS lobbyist, Riverton mayor and former Utah Department of Corrections
employee, told lawmakers in February the company could save the state
millions by taking over inmate health care. In the "customer
feedback" section of Moore's Web site (www.corrections.com/ moore), a comment is posted from Gary McWilliams, CMS'
vice president of sales and marketing. "Jackie is noted in the industry
for her research abilities, her keen understanding of the nuances of correctional
medical care and professional presentation skills related to health care
management," McWilliams says. Also, Moore said, depending on which
company held the Maine contract from year to year, she also has been paid by
Prison Health Services for the periodic evaluations. Moore co-founded
PHS in 1989, and her ex-husband still works for the company, according to
published reports. She said Tuesday she has not been associated with the
Brentwood, Tenn.-based company for more than a decade. Even the American
Civil Liberties Union and the Disability Law Center -- which both were
parties in the inmate lawsuits and among BCS' biggest critics at one time --
have said the bureau has shown improvement and they would oppose any effort
to privatize medical services. (The Salt Lake Tribune)
May 22, 2003
More in-depth research is needed to determine whether privatizing inmate
medical services at the Utah State Prison would save the state money, a
legislative fiscal analyst said Tuesday. Results of a preliminary study
show the savings might not be as significant as initially thought, given
cost-cutting and streamlining measures already in place within the state
Department of Corrections' Bureau of Clinical Services (BCS). Former
lawmaker Mont Evans, now a lobbyist for St. Louis, Mo.-based Correctional
Medical Services Inc., told the committee that the company could save the
state more than $2 million. Medical care at the prison has a troubled
past, including lawsuits from inmates that forced increases in staff and
training. In 1999, under the leadership of Richard Garden, a physician and
current BCS director, the prison opened its $2.9 million, 144-bed Olympus
Mental Health Facility. Garden has said the bureau also increased
preventative care and hepatitis C treatment and improved mental health
screenings. Even the American Civil Liberties Union and the Disability
Law Center -- once two of the BCS' biggest critics and parties in the
lawsuits -- have said the bureau has improved and that they would oppose any
privatization. (The Salt Lake Tribune)
May 22, 2003
More in-depth research is needed to determine whether privatizing inmate
medical services at the Utah State Prison would save the state money, a
legislative fiscal analyst said Tuesday. Results of a preliminary study
show the savings might not be as significant as initially thought, given
cost-cutting and streamlining measures already in place within the state
Department of Corrections' Bureau of Clinical Services (BCS). Former
lawmaker Mont Evans, now a lobbyist for St. Louis, Mo-based Correctional
Medical Services Inc., told the committee that the company could save the
state more than $2 million. Medical care at the prison has a troubled
past, including lawsuits from inmates that forced increases in staff and
training. Even the American Civil Liberties Union and the Disability
Law Center -- once two of the BCS' biggest critics and parties in the
lawsuits -- have said the bureau has improved and that they would oppose any
privatization. (The Salt Lake Tribune)
February 11, 2003
Utah Corrections officials are willing to help examine whether hiring an
outside company to provide medical care to the state's inmates would save
money – but maintain their award-winning program does not need fixing. On
Monday, lawmakers agreed to study privatizing Utah 's prison health care and
to seek up $15,000 in funding from the Executive Appropriations Committee.
The study, to be completed by July 1, will be supervised by the legislative
fiscal analyst. The move follows a presentation last week by Mont Evans, a
former lawmaker and Corrections employee who now is a lobbyist for St. Louis,
Mo.-based Correctional Medical Services Inc. (The Salt Lake Tribune)
White River Academy
May
6, 2014 courthousenews.com
SALT
LAKE CITY (CN) - A "private prison" posing as a "wilderness
experience" tormented a teen into "robotic obedience" by
forcing him to work in burning sand without shoes or adequate water, leaving
"a trail of post-traumatic stress, nightmares, and damaged, destroyed
families," a family claims in court. Ryan, Shawn and Mark Stencel sued White River Academy, USA Guides and four
individuals, in Federal Court. The Stencels, of
Alaska, claim the "private prison" locked up Mark Stencel against his will and without consent, based on
false promises of "a supportive, safe, healthy, camp-like setting with
regular and productive therapy/counseling." White River Academy, in
Delta, Utah, markets itself as a boarding school, academy, therapeutic
treatment center and wilderness experience "designed to straighten out
troubled, truant or failing teenage youth," according to the lawsuit.
Mark Stencel was among many teens damaged at White
River, the Stencels say, which relied on
"rough tough love" to enforce its supposed treatment. "Mark Stencel was thrust into White River without the slightest
understanding of what he was getting into, and had no choice in the matter.
For White River, Mark represented one in a string of damaged teenagers that
it boasted of helping, accompanied by some unjustified theory that rough
tough love was just the treatment they needed," the 24-page complaint
states. "At White River, there was no forum for complaint, explanation,
appeal, or grievance against the placement, before, during, or after it occurred.
The only option available to Mark was to bear it, for White River is a lock
down, closely guarded private prison, where punishments are harsh for any
rule infraction, real or imagined." Mark Stencel
was made to complete "mindless tasks of blind obedience enforced by
cruel punishment" at White River, the Stencels
say, and was punished by isolation and loss of earned privileges. "Mark was forced to work in 100-degree
weather without protection and insufficient water, no shoes to protect
against the burning sands, cuts, thistles, or other foreseeable injury. This
was done to thwart any potential attempt to escape to seek help and freedom
and to intimidate Mark in to robotic obedience to any and all commands by
White River," the complaint states. Mark was not properly fed or clothed
while at White River, the Stencels say.
"Defendants failed to provide nutritious food, clothing, shelter, and
education, even though they represented to the Stencels
that they were doing so and specifically lied to them about the living
conditions at the facility, to the detriment of Mark's well being," the
complaint states. "Defendants were negligent in adopting and
implementing regimens and tactics specifically designed to induce anger,
helplessness, and worthlessness in Mark Stencel and
other inmates, much to their mental and emotional distress, with lasting
effects, potentially changing the entire course of Mark Stencel's
life unless plaintiffs prevail in this case so they have the means to
continue to help Mark with the additional issues and pain caused by White
River, in addition to the initial problems that caused the Stencels to seek help for Mark by sending him to White
River." Defendant USA Guides, "a transport service trafficking in
minors ... kidnapped Mark by force" and took him to White River, the Stencels say in the lawsuit. White River then charged
"extravagant" fees for its bogus treatment, the Stencels
claim. "Mark Stencel was emotionally and
physically harmed at White River and his parents did not receive the quality
care, services, and facilities, destined for Mark and for which they
paid," the complaint states. "Defendants were aware that the harm
caused to children at these facilities, including Mark Stencel,
was so grave that the Utah Department of Human Services should have stepped
in and shut down White River, but it did not." Individual defendants
include White River owner Justin Neilson; camp therapist Gary Anderson;
parent liaison Barbara Habe; and Robin Reber, allegedly "responsible for propagandizing the
plaintiffs about White River." Delta, pop. 3,436, is in central Utah.
The Stencels demand a refund and punitive damages
for fraud, false imprisonment, involuntary servitude, intentional infliction
of emotional distress and constitutional violations. They are represented by
Thomas Burton.
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